Ordinance 91-100 ORDINANCE 91- 100
AN ORDINANCE AME~DING ORDINANCE NUMBER
82-2 THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE OFFICIAL
ZONING ATLAS MAP NUMBER 8521S BY CHANGING
HE ZONING CLASSIFICATION OF THE HEREIN
ESCRIBED PROPERTY LOCATED ON THE NORTH
~ ~~ ~IDE OF 111TH AVENUE NORTH, APPRO×IMATEL~
~ ~9~' ~/1/2 MILE WEST OF U.S. 41 IN SECTION 21,
~. ~' .~/TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER ~ ~ [--
~_ _.~%~// COUNTY, FLORIDA, FROM A-2 TO RSF-4 FOR
~ SINGLE-FAMILY RESIDENTIAL; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, J. Gary Butler of Butler Engineering, Inc.,
representing Ericksen Communities, Inc., 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 CO~{TY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
The Zoning Classification of the herein described real property
located in Section 21, Township 48 South, Range 25 East, Collier
County, Florida, is changed from A-2 to RSF-4 in accordance with
the conditions attached hereto as Exhibit "A" which is incorporated
herein and by reference made part hereof. The Official Zoning
~tlas Map Number 8521S, as described in Ordinance 82-2, is hereby
· amendeC accordingly:
Commencing at. the Southeast corner of the SW 1/4 of
Section 21, Township 48 South,. Range 25 East;
thence Northerly along the East boundary fine of
said SW 1/4 40 feet to the Northerly right-of-way
line of lllth. Avenue: North; thence N 89" 51'50"W
along said Northerly boundary line 100 feet to the
POINT OF BEGINNING; t?HENCE N 1"32'15"W parallel to
the Easterly Boundary line of said SW 1/4 400 feet
to a point; thence N 89"51'50"W parallel to the
Southerly boundary line of said Section 780 feet to
a point; thence S 1"32'15"E parallel with the
Easterly boundary line of said SW 1/4 400 feet to a
point on the Northerly boundary line of lllth.
Avenue North; thence S 89"51'50"E along said
Northerly boundary line of Illth Avenue North, 780
feet to the Point of Beginning.
SECTION TWO:
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. ~ ~.4.8~h5[~01'
'. PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ~ day of 0cEober , 1991.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
" ' ' I~'"! '"?/ .
ATTEST: · :..'. BY:
JAMES
C
. GIL~-S,'.~CLERK RPERSON
~,,AP,~t~. D AS. TU'. FO~D 'LEGAL 'SUFFICIENCY
~~E M. STUDENT
ASSIST~T COUNTY A~O~EY
~Is ordinance filed with the
Secreta~ of S re' Offi
a~ acknowledgement of that
'R-91-2 REZONE ORDINANCE fllin~r~ed t~~~y.
BY~
I, Gary.Butler, Butler Engineering, Inc., as authorized
agent for Petition R-91-2, agree to the following stipulations
requested by the Collier County Planning Commission or as
otherwise modified by the Collier County Board of Commissioners
at their public hearings of A,lgust 1, 1991 and August 27, 1991.
1. Prior to or concurrent with the issuance of any final
.development order, including final plat approval whichever
first occurs; twenty (20) feet of land adjacent to the
existing north boundary of lllth Avenue shall be dedicated '
via statutory warranty deed, to Collier County, a
political subdivision of the State of Florida.
The obligation to convey the above real property interest
shall include obtaining and providing, at the Developer's
expense, an ALTA Form B (marketability) title insurance
commitment within thirty (30) days of a request to do so
by the County. Further, the Developer shall cooperate and
cause all requirements contained in any such commitment to
be complied with expeditiously, including but not limited
to the release or subordination of ~all liens or interests
which encumber or may reasonably interfere with the
County's use of th~ real property. The date of said title
commitment shall not be more than one hundred twenty (120)
days prior to the date of the recording of the conveyance
by the County. Within forty five (45) days of recording
the conveyance document, Developer, at its sole expense,
shall also cause a final title insurance policy to be
issued in favor of Collier County, a political subdivision
of the State of Florida, which is in conformance with the
County's standard title insurance procedures and
guidelines. Said title insurance policy shall be
consistent with the Previously submitted title insurance
commitment.
This obligation shall bind the DeQeloper, as. well as run
with the land, upon approval of Petition R-91-2 Parson's
Green by the Board of County Commissioners, Collier
County.
2. Prior to or concurrent with the issuance of any final
development order, incl]ding final plat approval whichever
first occurs, a fiv~ (5) foot easement immediately
contiguous and north of the twenty (20) foot right-of-way
dedication shall be granted to Collier County
a political subdivision of the State of Florida, free of
all liens and encumbrances for purposes of locating a
sidewalk.
The obligation to convey the above real property interest
shall include obtaining and providing, at the Developer's
expense, an ALTA Form B (marketability) title insurance
commitment within thirty (30) days of a request to do so
by the County. Further, the Developer shall cooperate and
cause all requirements contained in any such commitment to
be complied with expeditiously, including but not limited
to the release or subordination of all liens or interests
which encumber or may reasonably interfere with the
.County's use of the real property. The date of said title
commitment shall not be more than one hundred twenty (120)
days prior to the date of the recording of the conveyance
by the County. Within forty five (45) days of recording
the conveyance document, Developer, at its sole expense,
shall also cause a final title insurance policy to be
issued in favor of Collier County, a political subdivision
of the State of Florida, which is in conformance with the
County's standard title insurance procedures and
guidelines. Said title insurance policy shall be
consistent with the previously submitted title insurance
commitment.
This obligation shall bind the Developer, as well as run
with the land, upon approval of ' Petition R-91-2 Parson's
Green by the Board of County Commissioners, Collier
County.
3. Prior to or concurrent with the issuance of any final
development, order, including final plat approval whichever
first occurs, the property owner shall provide funds for,
or otherwise construct a five (5) foot sidewalk within
said sidewalk easement pursuant to all County requirements
for construction activities, and be subject further to the
approval of the Collier County Transportation Services
administrator as to final location and alignment.
4. Prior to or concurrent with the'iksua~ce of any final
development order, including final plat whichever first
occurs, any internal roadway or driveways brought about by
any subsequent development order shall first be subject to
the property owner Froviding funds for, or otherwise
constructing right tu=n lanes at said intersection with
illth Avenue subject further to the approval of the
Collier County Transportation Services administrator,
Project .Review Services Manager as to design and
construction approval and all other requirements of
Collier County.
5. Internal roadways or driveways shall be limited to those
approved as a function of approving a Subdivision Master
Plan or Site Development Plan.
6. Prior to of concurent with the issuance of any final local
development order, including final plat approval whichever
first occurs, locations of gopher tortoise burrows
(active,. inactive and/or abandoned) shall be indicated on
the construction plans and field verified during the
construction plans approval process, not more than fifteen
(15) days prior to final plan approval by Collier County
..Project Review Services - Environmental staff. Management
" plans and/or permits from Florida Game and Fresh Water
Fish Commission (if appropriate) shall be submitted to
Project Review Services - Environmental Staff for review
and approval. Areas of retained native vegetation may
serve as potential gopher tortoise relocation areas, if
applicable.
7. "Prior to or concurrent with the issuance of any final
local development order including final plat approval
whichever first occurs, wetlands shall be flagged, to
include Collier County jurisdictional lines, and shall be
field verified by Collier County Project Review Services -
Environmental Staff prior to and as part of Construction
Plan approval. Said approved wetland boundary shall be
indicated on Final Construction Plans.
8. Any proposed mitigation for impacts to Collier County
jurisdictional wetlands shall comply with the ratios and
requirements of Appendix 7 of the South Florida Water
Management District rules. Mitigation areas shall be
surveyed prior to Final Construction Plan approval and
designated as a conservation easement and/or tract with
protective covenants pursuant to Florida Statutes, Chapter
704.06.
· .9. Petitioner shall retain or create native habitat areas no
less than 18.9% of the entire site acreage including the
right-of-way. Petiticner shall indicate on .construction
plans the type of vegetation (FLUC~' Code) areas and the
acreage of retained or created native areas and the
acreage of retained or created native habitats. Naturally
vegetated or native landscape buffers, as required by the
Planning Services Section, may be credited towards the
required retained native vegetation. Petitioner shall
utilize ..gopher tortoise habitat .for retained native
habitat areas to the maximum extent possible.
10. As a function of any subsequent application for a
development order, for all or any part of the use of
property authorized by the approval of this development
order, all subsequent petitioners are hereby placed on
notice that they shall be required to satisfy the
requirements of all County ordinances in effect Prior to
or concurrent with said subsequent development order,
including but not limited to Subdivision Master Plans,
Construction Plans prior to final plats, Final Plats, site
Development Plans and any other application that will
result in the issuance ~f/ia final or local final
development order. .,~~
PETI~ IO~fER OR AGENT
SWORN TO AND SUBSCRIBED BEFORE ME THIS
.~' DAY
OF ~C<_~ , 1991. ," /~
//.'~ '~ ~ %2¢;.
N, OTAR¥
SEAL !~i0~.~1 l:IJa..~ .~TA~ ~
MY COPLMISSION EXPIRES: ~r~~.~.
REPRESENTATIVE FOR CCPC
SWORN TO AND SUBSCRIBED BEFORE ME THIS Z~ ~_3 DAY
OF ... ' :, ,_ , . ..,
NqT~Y
.MY COM/~IS~ION EXPIRES: ~<3"-~, r.~w ~.'£~;~ ~.~-?~'
R-91-2 AGREEMENT SHEET/md
ffi 04'8 ::106
:?~ : I, J~ES C. GILES, .Clerk of Courts in and for the
~' ~en~ieth Judicial Circuit Collier' County Florida, do
.~ , ,
hereby cert.Sfy that the foregoing is a true copy of:
Ordinance No. 91-100
which was adopted by the Board of County Commissioners on
the 22nd day of October, 1991, during Regular Session.
WITNESS my hand and the official seal of the Board of
Cowry Commissioners of Collier County, Florida, this 23rd
day of October, 1991. '
Clerk of Courts and Clerk"' ' ...... '. .',
Ex_officio to Board of c.' .' ..
: : County Commissioners .-~.- --
By: /s/Maureen Kenyon ' . ". "
~ Deputy Clerk -'' -.:,~