Ordinance 95-15 ORDINANCE NO, ~-~
AN ORDINANCE AMENDING ORDINANCE ND74BER
91-102, THE COLLI~ COUNTY ~ND D~E~PMENT
CODE ~X~ ~TABLISHED ~E COMPR~{~SIVE
ZONING REG~TIONS FOR ~E ~INCORPO~TED
AR~ OF COLLI~ CO~, F~RIDA, BY
~DING ~E OFFICIAL ZONING AT~S ~P ~
~B~ 061314 BY ~ANGING ~E ZONING ~
C~SSIFI~TION OF ~E H~EIN DES~IBED ~
~OP~ ~CA~ ON ~E SO~ SIDE OF
T~I~I ~IL ~ST AT HIGH~D DRIVE, IN ~
SE~ION 13, TO~SHIP 50 SO~, ~NGE 25 ~
~s~, co~Lx~ co~, ~D~, roOM C-~/~
~D RSF-3 TO C-3 FOR CO~CIAL
I~~IATE DIS~I~; PROVIDING FOR STAFF
AND P~ING CO~ISSION STIP~TIONS; AND
BY ~ROVIDING ~ EFFE~IVE DATE.
~S, Ro~rt L. ~ane, of Mole, Montes and
Associates, Inc., representing Saturno Francini and Sam
R~ano, petitioned the Board of County C~missioners to
chanqe the zoning classification of the herein described
prope~y;
NOW, ~EFORE BE IT O~AIN~ BY ~E BO~ OF CO~
CO~ISSION~S OF CO~I~ CO~, ~RIDA:
~e Zoning Classification of the herein described real
property located in Section 13, T~ship 50 South, Range
East, Collier County, Florida, is changed from C-lIT and
RSF-3 to C-3 and the Official Zoning Atlas Map Number 061314,
as described in Ordinance 91-102, the Collier County ~nd
Develo~ent C~e, Is here~ amended accordingly:
~ts I thm 8 and 80 th~ 86, Pineland on the
Trail, as recorded in Plat Book 3 on Page 60 of the
~blic Records of Collier County, Florida.
be and the same for which the rezone is hereby approved
subject to the following conditions:
Exhibit "A"
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this ~ day of
~, 1995.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY x .
ATTEST: "l~
DWI~IT E. B~OCK,
SUFFZCIENCY! . ~... ·
MARJORIE M. STUDENT
ASSISTANT .COUNTY ATTORNEY
R-94-8 REZONE 0RDINANCE/128g4/lgk
AGREEMEI',~T
I, Robert L. Duane, as owner or authorized agent for
Petition No. R-94-8, agree to the following stipulations
requested by the Collier County Planning Commission in their
public hearing on March 2, 1995.
~ENT PLANNING
a. The subject properties maintain a 40-foot minimum set-
back for structures from the property line along Outer
Drive.
b. The petitioner shall increase the landscape buffer and
plantinge to 20 feet wide along the southern property
line.
c. The property included within the subject fezone is
restricted to a maximum of 25,000 square feet of
building area. The total project uses shall not
generate traffic in excess of 5 percent of the LOS "C"
design capacity of US-41 East. This calculation shall
be based on the funded six lane road condition that is
expected to be completed by 1997. (Compliance with the
commercial under criteria as noted stipulation [C] above
are enforced at the time of SDP approval, provided that
the limitations are in effect as commercial under
criteria.)
TRANSPORTATION
a. Access from US 41 shall be subject to FDOT and County
permitting requirements and access management consider-
ations. In considering the access management for these
parcels, it is possible that all three parcels may be
required, under FDOT criteria, to share a single access
point. However, in the absence of any specific proposal
for these properties, it should be stipulated that there
be no more than three access points from US 41 consist-
ent with FDOT and County criteria
b. There shall be no direct access to any of these parcels
from Outer Drive. This stipulation is in keeping with
the intent of the GMP and the LDC with fezpeer to separ-
ating commercial and residential use and access. It may
be possible, or desirable, to provide emergency access
from Outer Drive.
c.Arterial Level street lighting shall be provided at all
access points.
WATER MANAGEMENT/ENGINEERING
a. Detailed paving, grading, site drainage and utility
plans shall be submitted to Project Plan Review for
review. No construction permits shall be issued unless
and until approval of the proposed construction in
accordance with the submitted plans is granted by Pro-
Ject Plan Review.
1~895
Exhibit "A"
Petition No. R-94-8
Agreement
Page 2
b. In accordance with the Rules of the South Florida Water
Management District, (SFWMD) Chapters 40E4 and 40E-40,
this proJec~ shall be designed for a storm event of
3-day duration and 2S-year return frequency.
c. Design and construction of all improvements shall be
subject to compliance with the appropriate provisions of
the Collier County Land Development Code, Division 3.2.
d. An Excavation Permit will be required for the proposed
lake(s) in accordance with Division 3.5 of Collier
County Ordinance No. 92-73 and SFWMD rules.
e. Work within Collier County right-of-way shall meet the
requirements of Collier county Right-of-Way Ordinance
NO. 93-64.
f. Access Into each tract as sho~"n on the conceptual master
plan Is informational only. Location and number is sub-
Ject to preliminary subdivision plat or SDP approval.
This project is recommended for approval for fezone
purposes only. If required, a preliminary subdivision
plat shall be submitted which complies with all the
design standards of Division 3.2 of the Collier County
Land Development Code (ULDC) unless, in accordance with
the ULDC specific exceptions to the design standards are
requested and supported by sound engineering reasoning
during its approval process. Approval of this fezone
does not constitute an approval to any subdivision
design standards contained within the petition or
suppor~ing drawings or exhibits, The zoning petition
master plan submitted shall not be considered to suffice
for the preliminary subdivision plat required pursuant
to Collier County Land Development Code.
h. If required, the project shall be platted in accordance
with Collier County land Development Code to define the
right-of-way, tracts, and easements as shown on the
Preliminary Site Development Plan.
t. Detailed water management plans and calculations, signed
and sealed by a Florida Professional Engineer shall be
provided.
Petition No. R-94-8
Agreement
Page 3
J. This project shall be required to meet all County Ordin-
ances in effect at the time final construction documents
are submitted for development approval.
P ITIONER OR AGENT
STATE OF FLORIDA
COUNTY OF COLLIER
is personally known to me or uho hn~ proUuc~d
~ .....
as identification. ~6~- ~.'
, , . ~ N~Y PUBLIC
My C~ission Expires:.
PRESENT~IVE FOR ccPC'
sTATE OF DRIDA
cO~ OF cO~Z~
g Agreem nt Sheet was acknowledged before me this
ay o YY~ , 1994 by ,
[ is personally known to me or -~-hc has
N~ARY PUBLIC
Commission ~ ~ a 0 ~
My Commission Expires:
:-'~,.~..,., ".., ,..
· TATE OF FLORX~A )
COUNTY OF COTJ-IER )
Z, DWZOHT E, BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certlfy that the foregoing tea true copy of:
Ordinance No. 95-15
which was adopted bv the Board of County Commissioners on
the 2Sth day of March, 1995, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd
day of April, 1995.
.,
/, , .
DWIGHT ~-. BROCK /"" ' ':
Clerk of Courts and Clerk ~%~.~
Ex-off~cio to Bomrd of ~ ....... . ~. ,',
County Commissioners ("'."'..' . "·/. ~' ' '::
... . m .
..' : ~ .'
By~/s/Maureen Kenyon -~ . .- :..~
Deputy Clerk / ~ .' -.
. - .~. / .- '~
,.