Ordinance 91-105 ~_~ t~i ORDINANCE NO. 91- 105
AN ORDINANCE AMENDING ORDINANCE 91-102, THE , ,~
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ~.' .'.
!L~L/ ESTABLISHES THE COMPREHENSIVE ZONING 7
REGULATIONS FOR THE UNINCORPORATED AREA OF ~
COLLIER CO'3NTY, FLORIDA, BY AMENDING THE
OFFICIAL ZONING ATLAS MAP NUMBER 8517S; BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE RT,
RESIDENTIAL TOURIST ZONING CLASSIFICATION TO
THE RT, RESIDENTIAL TOURIST ZONING
CLASSIFICATION WITH A DENSITY CAP OF 136
MULTI-FAMILY DWELLING UNITS~ AS D~?ERMINED
BY THE BOARD OF COUNTY COmmISSIONERS TO BE
APPROPRIATE AND TO BE CONSISTENT WITH THE
GROWTH MANAGEMENT PLAN, PURSUANT TO
OBJECTIVE 1 AND RELATED POLICIES AND POLICY
3.1.K OF THE FUTURE LAND USE ELEMENT, AND
THE FUTURE LAND USE MAP OF THE G~OWTH
MA/qAGEMENT PLAN, FOR PROPERTY LOCATED
APPROXIMATELY 350 FEET WEST OF VANDERBILT
DRIVE, ON THE NORTH SIDE OF THE COCOHATCHEE
RIVER, AND APPROXIMATELY 500 FEET SOUTHWEST
OF THE INTERSECTION OF VANDERBILT DRIVE AND
WIGGINS PASS ROAD, LYING IN SECTION 17,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Article VIII, Section l(f) of the Constitution of
Florida confers on counties broad ordinance-making power when
nc,t inconsistent with general or special law; and
WHEREAS, Chapter 125.01, Florida Statutes~ confers on all
cc,unties in Florida general powers of government, including the
ordinance-making power and the power to plan and regulate the
use of land and water; and
WNEREAS, On January 10, ~989, Collier County adopted the
Ccllier County Growth Management Plan as its Comprehensive Plan
pursuant to the requirements Chapter 163, Part II, Florida
Statutes, also known as the Local Government Comprehensive
Planning and Land Development Regulation Act of 1985 and Chapter
9J-5, Florida Administrative Code, also known as the Minimum
Crit~ria for Review of Local Government Comprehensive Plans and
Determination of Compliance; and
WHEREAS, the Board of County Commissioners of Collier
County finds that development for which zoning has already been
approved by Collier County and potential zoning within Urban
DEsignated Areas of the Collier County Growth Management Plan
w~ll accommodate approximately 350,000 dwelling units in the
unincorporated Coastal Urban Area of Collier County, and that
c¢.mm,~rcial zoning in excess of 4,600 acres has been approved,
wh, il.~ the Capital Improvement Element of the Growth Management
Plan would serve only a fraction of the planned and approved,
yet unbuilt, development; and
WHEREAS, because of these estimates and projections, the
Fu~tu~e Land Use Map and Element of the Collier County Growth
Ma~nagement Plan and the Support Documents project and provide
for over 60 years of growth while the Capital Improvement
E].ement of the Collier County Growth Management Plan provides
for only five (5) years of funding and only ten (10) years of
need~ and deficiency assessments for puPlic facilities for all
categories, except that roads are also in the process of being
t~ntatively planned for up to 25 years of growth; and
WHEREAS, as a result of the realization of this serious and
significant imbalance between planned land uses and planned
public facilities by the Board of County Commissioners of
Collier County, the Board of County Commissioners of Collier
County finds that Collier County faces real, serious and
i]~minent problems that will result from the planned and
al)proved, yet unbuilt, development in that it exceeds the
financial resources of Collier County to fund projected carrying
caFacity of the existing and planned public facilities of
C311ier County and that it is inconsistent with the existing and
desired community character of Collier County; and
WHEREAS, at the time of adoption of the Growth Management
Plan, the ~oard of County Commissioners of Collier County
recognized the need to balance evacuation capability and the
at-risk population in the Hurricane Vulnerability Zones in
Collier County by limiting or reducing the maximum permitted
2
d~n=~ities in those zones to ensure that the population at risk
in those zones of high risk could safely evacuate during the
t:.m~] of a hurricane event; and
W]{EREAS, the Board of County Commissioners of Collier
C(,unty acknowledged the report of the Regional/Urban Design Team
fear the Naples area dated April, 1987 and subsequent
rE,commendations of the R/UDAT citizen Committee and approved a
r~,vised commercial allocation system to promote superior urban
design by managing road access, avoiding commercial strip
development, improving overall traffic circulation patterns and
pro%,iding community focal points; and
WHEREAS, the Growth Management Plan, through the Future
L~nd Use Map and the Goals, Objectives and Policies, strives to
c¢ordinate land use with the provision of adequate roads, sewer,
water, drainage facilities, solid waste facilities and parks and
recreation opportunities; coordinate coastal population
densities with the Regional Hurricane Evacuation Plan; and
dts¢:ourage unacceptable levels of urban sprawl; and
WHEREAS, the cost to the public and Collier County to
pxovide adequate public facilities for planned and approved, yet
unbuilt, development is too great of a financial burden and
would cause the public and Collier County undue fiscal hardship;
and
WHEREAS, additionally, the Board of County Commissioners of
Collier County recognizes that if a substantial amount of the
unimproved property were allowed to develop and be constructed
under existing zoning districts inconsistent with the Growth
Manegement Plan, it would encourage urban sprawl, promote strip
commercial development, negatively impact the character of
residential neighborhoods and commercial areas, and force
Collier County to make premature ad hoc land use commitments;
and
WHEREAS, Collier County has attempted to address these
prcblems by including several provisions in the Collier County
Grc.w~.h Management Plan, including Objective 1 and related
Policies and Policy 3.1.K of the Future Land Use Element of the
Collier County Growth Management Plan, and by providing that
land development regulations be adopted and contain provisions
to implement the Collier County Growth Management Plan and
include at a minimum, inter alia, the establishment of a Zoning
Reevaluation Program for unimproved property that shall be
carried out by January 10, 1991 for all commercially zoned and
non-zesidential property and by January 10, 1992 for all other
property; and
WHEREAS, Objective 1 of the Future Land Use Element
re¢[uire~ all new or revised uses of land to be consistent with
designations outlined on the Future Land Use Map; and
WHEREAS, Policy 3.1.K of the Future Land Use Element of the
Co].lier County Growth Management Plan furthermore provides for
the rezoning of inconsistent, unimproved properties to a zoning
di~trict consistent with the Growth Management Plan; and
WHEREAS, pursuant to Sec. 163.3194(3)(a), Fla. Stat., land
de.~elopment regulations shall be consistent with the
Comprehensive Plan if the land uses, densities or intensities,
and other aspects of development permitted by such regulations
ar,~ compatible with and further the objectives, policies, land
us,~s, and densities or intensities in the Comprehensive Plan and
if it meets all othe~ criteria enumerated by the local
go'~e~/nment; and
WHEREAS, in order to comply with the foregoing
au'~horities, findings and the Act, it is necessary to rezone
la~ge areas in the unincorporated portion of Collier County to
zoning districts consistent with the Growth Management Plan; and
WHEREAS, the zoning amendments herein will implement
Ob)ective One and related Policies and Policy 3.1.K of the
Fu':ure Land Use Element and Future Land Use Map; and
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WHEREAS, the owner of the herein described property has
sub~.itted and had approved an application as provided for in
Section 2.,~ (Exemptions) of the Zoning Reevaluation ordinance
but has nevertheless requested the property be considered for
rezoning; and
WHEREAS, Policy 3.1.K of the Future Land Use Element of the
Gro~;th Management Plan and the Stipulated Settlement Agreement
in ])OAH Case No. 89-1299 GM requires commercially and
industrially zoned property inconsistent with the Growth
Management Plan and unimproved to be rezoned to consistent
zoning districts by January 10, 1991, and requires residentially
zoned property inconsistent with the Growth Management Plan and
unimproved to be rezoned to consistent zoning districts by
January 10, 1992; and
WHEREAS, the zoning amendments herein will bring the zoning
of the herein described properties into consistency with
Objsctive i and related Policies and Policy 3.1.K of the Future
Lan~ Use Element and the Future Land Use Map of the Growth
Management Plan; and
WHEREAS, the Collier County Planning Commission has
reviewed this zoning ordinance and has found it to be consistent
with the Growth Management Plan as required by Sec. 163.3194(2),
~%_q~da Statutes.
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
sEctioN ONE:
The zoning classification of the herein described real
property located in Section 17, Township 48 South, Range 25
East, Collier County, Florida, is changed from the RT,
Residential Tourist Zoning District to the RT, Residential
Tourist zoning District with a density cap of 136 multi-family
dw~:lling units and the Official Zoning Atlas Map Number 8517S,
as described in Ordinance 91-102, the Collier County Land
De~u£opment Code, is hereby amended accordingly:
SEE ATTACHED EXHIBIT "A"
~Y,( .~J~]~_~LQ: Effective Date.
This Ordinance shall become effective upon the effective
· .:~ date of ~hat certain D~velopment Agreement approved
simultaneously with this zoning ordinance, dated November 26,
1991, said Development Agreement being recorded in the official
records of Collier County on D,e,mh,~ '~ , 1991, at the
Official Record Book~6? , Pages~557 through]578
PASSED ~D DULY ADOPTED by the Board of County
' Commissioners of Collier County, Florida, this26th day of
NDvember , 1991.
BO~D OF CO~TY CO~ISSIONERS
COLLIER CO~TY, F~RIDA
A~EST :~
. d.
¥,' "~ROVED AS '~ FO~ m~D
~j:~.~ .. ,. LEG~ SUFFIC~NCY~:
~ Marj~ie M. Stddent
As~istant County Attorney
'~" ORD/~s/kn/3435
f,~ u~ ock-~ed~e~t ~f t~ot
'~: CZ}~9. 2391
DESCRIPTION
ISLAND PORTION OF CONKLIN POINT
CONKLIN POINT, A SUBDIVISION IN 'THE SOUTHEAST OUARTER (SE I/4), SECTION 17. TOWNSHIP
4B SCUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, ACCORDING TO THE PLAT RECORDED
)N PLAT BOOK 8, PAGE 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
TOGE"HER WITH ALL RIPARIAN RIGHTS, INCLUDING ALL RIGHT, TITLE AND INTEREST THE
GRAN"ORS MIGHT HAVE IN AND TO AND UNOER ALL ADJACENT WATERWAYS EXTENDING OUT
50 FEET FROM APPROVED BULKHEAD LINE NO. I, AS DESCRIBED IN BULKHEAD LINE PLAT
BOOK I. PAGE '?, COLLIER COUNTY RECORDS; LESS AND EXCEPT A PARCEL OF LAND LYING IN
SECTIDN 17. TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA. KNOWN AS
MAINLAND COI'IKLIN POINT DESCRIBED AS FOLLOWS:
FROM THE NORTHEAST CORNER OF CONKLIN POINT, AS RECORDED 1N PLAT BOOK B, AT PAGE
16, P~JBLIC RECORDS OF COLLIER COUNTY, FLORIDA; RUN S 00'26'00" E ALONG THE
EAST~-'RLY LINE OF SAID CONKLIN POINT FOR 126.73 FEET TO A POINT OF CURVATURE;
THEN;E RUN SOUTHERLY ALONG THE ARC OF A CURVE TO THE RIGHT OF RADIUS 1860.08
FEET {DELTA ANGLE 07'17'52", CHORD DISTANCE-236.76 FEET, CHORD BEARING S 03'12'56"
W) FCR 236.92 FEET TO A POINT OF TANGENCY;,. THENCE RUN S 06'sr52"w ALONG SAID
EASTI~RLY LINE FOR 150.00 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHERLY
ALONG SAID EASTERLY LINE ALONG THE ARC OF A CURVE TO THE LEFT CF RAOIUS 1960.08
FEET, (DELTA ANGLE 07'17'52", CHORD DISTANCE 249.49 FEET, CHORD BEARING S
W) FOR 24;3.66 FEET; THENCE RUN S 00'26'00" E ALONG SAIO EASTERLY LINE FOR 139.49
FEET TO THE SOUTHEASTERLY CORNER OF SAID CONKLIN POINT; THENCE RUN $ 89'16'10" W
ALONG THE SOUTHERLY LINE OF SAID CONKLIN POINT FOR 285.00 FEET; THENCE RUN
N00'26'00" W FOR 692.99 FEET; THENCE RUN S 89'16'10" W FOR 195.00 FEET;, THENCE
RUN I~ 00'26'00" W FOR 207.00 FEET TO THE NORTHERLY LINE OF SAID CONKLIN POINT;
THENCE RUN N 89'16'10" E FOR 530.00 FEET ALONG THE SAID NORTHERLY LINE TO THE
NORTHEAST CORNER OF SAID CON,LIN POIN'r.
EXHIBIT "A"
,.:~'
STA~:E OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circ~it, Collier County, Florida, do
herE~by certify that the forego.lng is a true copy of:
Ordinance No. 91-105
whi(:h was adopted by the Board of County Commissioners on
the 26th day of November, 1991, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd
day of December, 1991.
JAMES C. GILES
Clerk of Courts and Cler~
Ex-off~cio to Board of
By: /s/Maureen Kenyon
Deputy Clerk "