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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 / ~ .' -. . - .~. / .- '~ ,.