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Ordinance 98-003 RECEIVED ~ ORDINANCE NO. 9B- 3 ~ AN ORDINANCE AMENDING ORDINANCE NUMBER ........ " CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER GGE25 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NAPA BOULEVARD ANO PINE RIDGE ROAD (C.R. 896), CONSISTING OF THE EAST ~ OF TRACT 41, UNIT 33, GOLDEN GATE ESTATES, IN SECTION 17, TOWNSHIP 49 SOUTH, ~NGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "E" ESTATES TO C-1/T FOR A MEDICAL CLINIC; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Bruce Anderson of Young, vanAssenderp and Varnadoe, and Robert Duane of Hole, Montes & Associates, representing Doctor Manual Pena, petitioned the Board of County Commissioners to change the zoning classification of the herein described real p;operty; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 17, Township 49 South, Range 26 East, Collier County, Florida, is changed from "E" Estates to C-1/T and the Official Zoning Atlas Map Number GGE25, as described in Ordinance 91-102, 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 following conditions: a. The conceptual site plan shows two access points from Napa Boulevard. Access may be constrained to a single point of entry and exit or to one-way in and one-way out, depending on the final site layout. In any event, an access point shall be located no closer to Pine Ridge Road than the minimum distance specified in Resolution 92-422, the Collier County Access Management Policy. b. The County reserves the right of access control onto Pine Ridge Road. Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project, nor shall the County be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project or on Pine Ridge Road. O c. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. d. The County may require additional right-of-way for the six-laning of Pine Ridge Road. The County reserves the right to acquire right-of-way for the Pine Ridge Road project at a fixed cost of land and improvements without severance damages at the time needed. The basis of cost for any such acquisition shall be at the present market value based on the present zoning or on the applicant's cost to acquire the land, whichever is less. e. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4 CCLDC, as amended. f. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site development plan approval. g. Building heights shall be limited to one story, not to exceed 25 feet in height. h. The maximum amount of building floor area on-site shall not exceed 12,000 square feet. i. Permitted principal uses shall be limited to Health Services of the Standard Industrial Classification Manual (1987 edition), groups (8011-8049). j. Hours of operation shall be limited to weekdays from 8:00 A.M. to 6:00 P.M. and Saturday from 8:00 A.M. to 2:00 P.M. k. The proposed buildings and site plan shall comply with the criteria set forth in Division 2.8 (Architectural and Site Design Standards) of the Collier County Land Development Code. O 1. The Petitioner shall provide a 6 foot tall opaque architecturally designed masonary wall and/or a 6 foot tall opaque landscape buffer or combination of both along the eastern and southern property boundaries. m. The Petitioner shall provide arterial level street lighting at each project entrance prior to the issuance of a Certificate of Occupancy. n. The Petitioner shall provide a five foot wide sidewalk from 10th Ave. S.W. to Pine Ridge Road prior to the issuance of a Certificate of Occupancy. SECTION TWO: This Ordinance shall become effective when the comprehensive plan amendment upon which it is based becomes legally effective pursuant to Subsection 163.3187(3)(c), Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this. /~ day of J~_.~ , 1998. BOARD OF COUNTY COMMISSIONERS CCLLIER COUNTY, FLORIDA · .;..,,.., .... .... \- RMAN ATTEST;"':,', ::'DWIGHT E. ~' ~6~K; CLERK ~,, ord,~. ,,,~d wi,h ./: ' ' ~ ."7 ::' f~,, ,~.,~.d i. 'A~PROVED AS T0 FORM AND LEGAL SUFFICIENCY , "" .......... ASSISTANT COUNTY ATTORNEY R-97-2 REZONE ORDZNANCE/ Exhibit_ All of Tract 41, Unit 33, Golden Gate Estates, according to the Plat recorded in Plat Book 7, Page 60, Public Records of Collier County, Florida, less and except the following real property: of ~k,~ fe~l ~ m k~ ~*)~'2k' vat s ~s~e of ~ ~e Io~mt ~er of s~l le~i~ 17; ~ m ~W ~e lbe of s~4 l~i~ I~ ~*2km ~t a ~t~ce of 108~.~ fe~ ~e ~t ~ of Id4 t~ M ~81k1m ~t a ~t~e of fe~t ~e ~ ~ ~ksik~ Vat a ~tm~ Or X~.O~ fe~l ' ~e of e~t t~.l ~ m ~ ~e sUt k~ ~ ~ Vat ~,~ f4~l ~m~ m I~ ~*22*k1e Vet a ~ of f~l ~m, m ~9~ ~e3ks~" ~t m ~tm of ~3.9k fe~; m I~ ~2~ Vat t ~ of ~,~ f~ te & ~ .~ ~tmee mf ~.~ feat te ~e ~ OF ~, STATE OF FLORIDA) COUNTY OF COLLIER) e 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. 98-3 Which was adopted by the Board of County Commissioners on the 13th day of January, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of January, 1998. DWIGHT E BROCK clerk of courts Ex-officio to Board · · By: Maureen KenyOn Deputy Clerk