Ordinance 93-11 ORDINANCE NO. 93- 11
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-~02 THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING
ATLAS MAP NUMBER 0629N BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED PROPERTY LOCATED ON THE SOUTH
SIDE OF U.S. 41~ APPROXIMATELY ONE AND
ONE-HALF (1~) MILES SOUTHEAST OF THE
INTERSECTION OF U.S. 41 AND RATTLESNAKE
~MMOCK ROAD IN SECTION 29, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, FROM "A" TO C-4 FOR GENERAL
COM/~ERCIAL USES~ PROVIDING FOR STAFF AND
PLANNING COMMISSION STiPUI~TIONS~ AND BY
PROVIDING AN EFFECTIVE DATE.
.... WHEREAS, McAnly, Asher and Associates, P.A.,
representing Commonwealth Management & Development Cor~.,
petitioned the Board of County Commissioners to change the
zoning classification of the herein described real property~
NOW, T~EREFORE~BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
The Zoning Classification of the herein described real
property located in Section 29, Township 50 South, Range 26
East, Collier County, Florida, is changed from "A" to C-4 and
the Official Zoning Atlas Map Number 0629N, as described fn
Ordinance 91-102, the Collier County Land Development Code
hereby amended accordingly:
Exhibit "A"
be and the same for which the rezone is hereby approved
subject to the following conditions:
Exhibit "B"
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.
. · /I I
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, .Florida, this ~ day of
, 1993.
~ ~.~ '~.7 7~,, BOARD OF COUNTY COMMISSIONERS
ATTEST = / ~.
f · , BURT
ASSISTANT 'COUNTY ATTOI~EY ·
R-92-8 REZON~ ORDINANCE ~ls
~ocknowledgernent f that
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LEC AL DESCP,/P TION
All that part of Section 29, Townsh:s 50 %.,,th, ',~,ange i26 East, descf;bed I
as folio ws; ~
I
Commencing at the ,Tertheaster.'vmost corner cf ~lock '~," of ~vtyrt'e Cc/e
Acres Unit I, according to tSe P/at thereof cs r'ecorded' :>, P/aS 6oo,~ .~,
Page ,38, '.Public Records of C¢i".,er Cc,..'nty, F,'or,'da;' thenc'~ o/cng t.~e
southwes(erly righ t-cf-way h;-,e cf d.$. 41, ('To,'n.,i~mi Tra::'~ /'1,39~4 'O0"w
547. 15 feet to the northeasterl.>.mc, st corner of that ,'and as described ~,~
O.R. 679, Page 172 and the POINT OF BEGINHi.."¢¢ of the parcel herein
described; thence along the northerly line of said land, $50'55'00"W
300.00 feet; thence continue along said line, NB9'JS'OO"W ,345.21 feet tc
the approximate center!ina of an existing drainage canal, (approximate.~Y I
40' wide); thence along the centerfine of said cona,', _NJS'17'25"E 55i.30
·
feet to the southwesterly right-of-wa? line of said ,S.S. 41 (Tamiami
Trail); thence along said right-cf-~,,'a:/' line, s3g'o4'o,?'E J4Z37 feet to
the Point of Beginning of the parcel herein described; being port of
Section 29, Township 50 South, I-Tonga 26 East, Co.,'iier Countj,; .~-Ior,'da;
subject to easements and restWctions of record; co.-ta;ning 3.02
more or less.
I, Dwight Nadeau of McAnly, Asher and Associates, P.A., as
authorized agent for Petition R-92-8, agree to the following
stipulations requested by the Collier County Planning
Commission in their public hearing on January 21, 1993.
PLANNING=
a. The County reserves the right to require the applicant to
submit an additional Traffic Impact Statement should the
site be developed by land uses other than retail
commercial or a sit-down restaurant.
b. The subject site is approved for the full range of C-4
uses except for fast food restaurants and automobile
service stations.
ENGINEERING=
a. Design and construction of all improvements shall be
subject to compliance with the appropriate provisions of
the Collier County Unified Land Development Code, Division
3.2.
b. An Excavation Permit may be required in accordance with
Division 3.5 of Collier County Ordinance No. 91-102 and
SFWMD rules.
c. Work within U.S. 41 right-of-way shall meet the
requirements of the Florida Department of Transportation.
UTILITIES:
a. Water distribution, sewage collection and transmission and
interim water and/or sewage treatment facilities to serve
the project are to be designed, constructed, conveyed,
owned and maintained in accordance with Collier County
Ordinance No. 88-76, as amended, and other applicable
County rules and reg~lations.
b. All customers connecting to the water distribution and
sewage collection facilities to be constructed will be
customers of the County and will be billed by the County
in accordance with the County's established rates.
WATER MANAGEMENT:
a. The ultimate width of the drainage easement along the
E×HIBIT "B"
northwest property line, as indicated by the Collier
County Water Management Department, may be as much as
eighty (80) feet, There currently exists a twenty (20)
foot easement on the property,
This easement width will have to be increased with the
.final width to be determined with the final design of this
project and the proposed Lely' Lakes, The petitioner is
therefore put on notice that additional lands will be
required to be dedicated as a drainage/access easement
during the site development phase of this project. The
petitioner should coordinate their design with Project
Plan .Review and the Collier County Water Management
Department.
ENVIRO.N~ENTAL:
a, Petitioner shall retain a minimum of 0.5 acres of existing
native habitat on site. The retained natural canopy
understory and groundcover shall he maintained in
perpetuity, Flexibility in the retainment/preserve areas
may be allowed if during the site development
plan/construction plan reviews such flexibility is
necessary to accommodate both preservation of habitat and
project design.
b. Tree surveys shall be required for all subsequent final
construction plans and or site development plans submitted
to the County for approval.
TRANSPORTATION:
a. This applicant will need Florida Department of
Transportation permits for his driveway access points and
connections to US 41,
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STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement Sheet was acknowledged before me
personally kno~ to me 6r--~rr~tu~ed '
ae--~f-ien and who e (did not) take an oath.
NOTARY PUBLIC
Co~ission ~ ~ ~/g~ 7~
My Co~ission Expires:
REP~
" STATE OF FLORIDA
COUNTY OF COLLIER
The fore oing Agreement Sheet was acknowledged before me this
day of ~ ~ , 1993 by F~/J. 7~fo~Arl.3'/~ , who is
personally knowX to me or -Jhc~ha~ ~'~duc~d "
~ ta~-~[~n and who 8 (did not) take an oath.
,oo ..0593'89
R-9~-8 AGR~--]~IENT
nb/8790
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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. 93-11
which was adopted by the Board of County Commissioners on
the 23rd d~y of February, 1993, during 'Regular. Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this
day of March, 1993.
DWIGHT E. BROCK
Clerk of Courts and Cle.=k "· "..,
Ex-officio to Board of'~ .:.
" Deputy Clerk ,' ~ ..,
....,.,;.: