Ordinance 96-45!i''\\ORDINANCE NO. 96- 45
i "' 'j'~!~:~ ~ AN ORDINANCE AMENDING ORDINANCE NUMBER
~ - ~C.~ 91-102, THE COLLIER COUNTY LAND THE~
c . DEVELOPMENT CODE WHICH ESTABLISHED
\, COMPREHENSIVE ZONING REGULATIONS FOR T~E
~.~ ~c~..// UNINCORPORATED AREA OF COLLIER COUNTY,_~
~"~gL~' FLORIDA, BY AMENDING THE OFFICIAL ZONING --'-
'~ ATLAS MAP NUMBER 8522N BY CHANGING THE
~ r,, FT'r
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED PROPERTY LOCATED AT TAMIAMI ~ ._~ r~
TRAIL NORTH (U.S. 41) AND RIVER COURT ~N ~_-
SECTION 22, TOWNSHIP 48 SOUTH, RANGE 23 c,.
EAST, COLLIER COUNTY, FLORIDA, FROM R TO
R FOR A 93 ROOM HOTEL WITH SHOPS,
RESTAURANT AND POOL; PROVIDING FOR STAFF
AND PLANNING COMMISSION STIPULATIONS; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Thomas E. Killen of Thomas Killen, Architect,
representing South West Hotels Corporation, 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:
SECTION ONE:
The Zoning Classification of the real property as more
particularly described by Exhibit "A", attached hereto and
incorporated by reference herein, in accordance with the
South West Hotels Master Plan attached hereto as Exhibit "B",
and located in Section 22, Township 48 South, Range 25 East,
Collier County, Florida, is changed from RT to RT and the
Official Zoning Atlas Map Number 8522N, 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 maximum height of buildings shall be limited to
three (3) stories.
b. The maximum height of exterior lighting fixtures shall
be 15 feet and shall be constructed and located in a
manner so that no light is directed toward any
residentially zoned properties.
c. All recreational facilities shall be located along the
site's northwest property boundary.
-1-
d. A fifteen (15) foot landscape buffer and a six (6)
foot high opaque hedge shall be provided along the
east and south property lines in accordance with
Section 2.4.7.4, Alternative B, of the Collier County
Land Development Code.
e. Red mangrove seedlings shall be planted along canal
banks and in the riprap area prior to issuance of the
first certificate of occupancy. These plantings shall
be included in the landscaping plan.
f. Detailed water management plans and calculations
signed and sealed by a Florida Professional Engineer
shall be provided.
g. In accordance with the rules of SFWMD Chapters 40E-4
and 40E-40, this project shall be designed for a storm
event of 3-day duration and 25-year return frequency.
h. The developer shall provide a northbound right turn
lane on U.S. 41 at the project entrance, prior to
issuance of the first certificate of occupancy.
i. The developer shall provide arterial level street
lighting at the project entrance and exit when
required by Collier County.
j. It is anticipated that additional right-of-way will be
required for the future widening of U.S. 41. It shall
be the petitioner's responsibility to ascertain this
fact from the Florida Department of Transportation and
make arrangements for donation of right-of-way, if
needed, prior to site development plan approval.
k. A median cut for the subject property is prohibited.
1. Existing boat docks and ramps are to be removed from
the site prior to issuance of the first certificate of
occupancy. Also additional boat docks or boat ramps
are prohibited on the property or waterways abutting
the site.
m. The proposed restaurant shall be open for business
between the hours of 6:00 A.M. and 11:00 P.M.
n. Access to River Court is prohibited.
o. Dumpsters located on site shall be located near the
loading zone adjacent to the proposed restaurant.
p. The proposed two story conference room located at the
eastern end of the hotel shall be used for business
meetings and conferences. It shall not be used as an
entertainment facility, restaurant or ballroom.
q. There shall be no outdoor entertainment, live music or
broadcast on site.
r. The petitioner shall save and retain native vegetation
on site.
s. The roof of the proposed hotel/motel shall consist of
a mansard style roof and/or parapet wall.
t. The maximum building height shall not exceed 38 feet
above the required finished floor elevation.
-2-
This Ordinance shall become effective upon filing with
the Department of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this ~J day of
~/~/ , 1996.
BOARD OF COUNTY COMMISSIONERS
COLLIER TY ~//~/j. DA
. ,i. ' , . , AI~
.,F:' ~TT~'ST: ,
~ .'.:' :. ' ~'~ ~': '~ ~ x, fl/-
...,,,,;,]. .. SUFFICIENCY
~RJ~IE H. STUDgNT
ASSISTANT CO~TY A~O~EY
R-96-6 REZONE ORDIN~CE/17019
Th}s ordl~ fired with
and ccknow~t of that
filin ~r<~iv~d this ~'
~,~t~
-3-
ATTACHMENT COLLIER COUNTY APPLICATION FOR STANDARD REZONE.
LEGAL DESCRIPTION:
Lots 18 and 19, and the South 8.9 feet of Lot 17, Palm River
Shores, according to the plat thereof, recorded in Plat Book 3,
Page 27 of the Public Records of Collier County, Florida.
AND
STRAP # 482522-036.000, further described as lying in Section 22,
Township 48 South, Range 25 East, Begin~{ing at the Northwest corner
of Lot, Palm River Shores, thence run East 113.27 feet, thence run
North 71 East 313.27 feet, thence run Southeasterly along the
waterway 218.5 feet, thence run Southwesterly along arc of curve
173.82 feet, thence run South 86 West 287.24 feet, thence run West
100 feet to the East line of U.S. 41, thence run North 265 feet to
Point of Beginning, as recorded in Official Record Book 1431, Page
1534.
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. 96-45
Which was adopted by the Board of County Commissioners on the 23rd day
of July, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 26th day of July, 1996.
DWIGHT E. BROCK ....
Clerk of Courts and Cle~ ..
Ex-officio to Board of~
~sione s
By: Mar en Kenyon
u e ....'
Deputy Clerk