Ordinance 91-114 ORDINANCE NO. 91- 11l~
AN ORDINANCE AMENDING ORDINANCE
NUMBER 91-102, THE COLLIER COUNTY
~/~.-33-~i--."~, LAND DEVELOPMENT CODE WHICH ~:':. -'~ '~__
ESTABLISHED THE COMPREHENSIVE ZONING
AREA OF COLLIER COUNTY, FLORIDA BY
I~ D~ .,~ ~I AMENDING THE OFFICIAL ZONING ATLAS
~ <.?'/ ZONING CLASSIFICATION OF THE HEREIN
1000 FEET SOUTH OF U.S. 41, IN
SECTION 3, TOWNSHIP 51 SOUTH,.'RANGE
26 EAST, COLLIER COUNTY, FLORIDA,
FROM PUD TO C-4 FOR OPEN SPACE
CONSISTING OF 2.0 ACRES; PROVIDING
FOR STAFF AND PLANNING COMMISSION
STIPULATIONS; AND BY PROVIDING AN
EFFECTIVE DATE.
.~ WHEREAS, Alan Reynolds of Wilson, Miller, Barton & Peek,
Inc., representing Eagle Creek Properties, 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 COUNTY'
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
: SECTION ONE:
The Zoning Classification of the herein described real
~." property located in Section 3, Township 51 South, Range 26
~!- East, Collier county, Florida, is changed from Pt/D to C-4 and
..~1:~.~ the Official Zoning Atlas Map Number 1603N, as described i~
.~ ordinance 91-102, is hereby amended accordingly:
/~,- Exhibit "A"
be and the same for which the rezone is hereby approved
subject to the following conditions:
Exhibit "B"
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.
50 ,221
PASSED AND DULY ADOPTED by the .Board of County
Commissioners of Collier County, Florida, this 17th day of
December __, 1991.
BOARD OF COUNTY COMMISSIONERS
...b~ ~ · COLLIER COUNTY, FLORIDA
. .: ~',.-
ATTEST: ', " BY:
JAMES C. GILES, CLERK PATRICIA ANNE GOO
APPROVED" 'AS TO FORM AND LEGAL SUFFICIENCY
ordinance filed with the
?hi',.
ASSISTART COUNTY ATTORNEY ~_~_#dayof~,
and acknowledgement ~ that
R-91-10 REZONE ORDINANCE filing received this ~ da'/
nb/6332 f"~,~-~._ , tgi/.., .
%VILSON, A4ILL£R, BARTON & PE~K, INC.
Englnc~n. PL~nncrs. Surveyors. ~ndsca~ A~hitccu, En~onmcm~ Co~ultan~ a Co~io,
:~'~:~. Description o~ part of 'Tracts 'M-l" and "~-2"
'~%f- according to the plat of C~stal ~ke Terraces
~ at Eagle Creek, as recorded in Plat Book 16,
. pages 30-31, Collier County, Florida
(2.0 acre parcel to be rezoned). ..
~1 that part of Tracts "M-l" and "M-2" according to the plat
C~stal Lake Terraces at Eagle Creek, as recorded in Plat Book 16,
pages 3~-31 and being more particularly described as follows;
Co~encing at the northerl~ost corner of said Tract "M-2";
~.%hence along the northeasterly bounda~ of said plat in the
~/following two (2) described courses;
[;1) South 54'-20'-32" East 260.00 feet;
-.2) South 89'-20'-32" East 47.39 feet :o ~e POI~ OF BEGI~ING;
thence continue along the bounda~ of said plat in the
following five (5) described co~rses;
" 1~ Sou:h 89'-20'-32" East 102.61 feet;
2) South 54'-20'-32" East 430.00 ~ee:;
3) South 89'-2~'-32' East 100.00 feet;
4) South 54'-20'-32" East 411.96 feet;
5) South 02"-29'-06" West 138.84 feet;
thence leaving said bounda~ No~h 54'-20'-32' West 1083.89
feet to the Poin: of Beginning;
~2.~.containing 2.0 acres more or less;
s~Ject to easement's and restrictions of record;
gs are based on the northeasterly line of. said Tract
~ing South 54'-20'-32" East.
WILSON, MI~ER,.~TON & PEEK, INC.
~Reg. Zngineers and Land. Su~eyors
~loney, ~ ~4493
Not valid unless e~ossed with the Professional's seal.
[.W.O. .12579
Reft 2J-48 (~M:kJd desc tracts m-1 m-2 c~stal l~e)
Date: Au~st 7, 1991
AGREEMENT
I, Alan Reynolds of Wilson, Miller, Barton & Peek, Inc.,
as authorized agent for Petition R-91-X0, agree to the
following stipulations requested by the Collier County Planning
Commission in their public hearing on November 7, 1991.
Plannin~ Services:
a. The subject parcel (±2.0 acres) shall be used exclusively
as passive open space, set aside for preservation of
native species.
b. The overall gross project density of the Eagle Creek PUD
shall be reduced by 4 units in order to comply with the
approved overall PUD size reduction from ±300 acres to
±29S acres.
C. The commercial square footage of this project shall be
limited to a maximum of 220,000 square feet, including
· outparcels.
Transportation Services~
a. S.R. 951 Access;
1. Provide a northbound left-turn lane subject to FDOT
approval and the condition that either Collier County
or the FDOT retain the right to have the turn lane
removed if and when accident data at the intersection
indicates to either governmental body that such
removal would improve overall highway safety.
b. Price Street Access; The proposed driveway access from
Price Street involves both changes to U.S. 41 and
substantial changes to Price Street. Conditions for
approval of access at the location are as follows:
1. An eastbound right-turn lane on U.S. 41 shall be
provided. From a roadway capacity standpoint, should
the above requirements for a turn lane on U.S. 41 not
be fulfilled, development access via Price Street
should not be considered for approval by Collier
County.
2. A southbound left-turn lane on Price Street should be
designed consistent with AASHTO's Policy with a
minimum length of 125 feet. Right-of-way along the
side of Price Street shall be dedicated sufficient to
assure proper drainage and future bikepath
construction.
EXHIBIT "B"
C. U.S. 41 Access:
Access is being restricted to a single point of entrance
%v with appropriate turn lanes and subject to FDOT approval.
The developer/property owner shall be responsible for a
,'%, , fair share of bikepath construction along it's U.S. 41
· <~' frontage; fair share shall be subject to use/benefit
analysis with the fair share being no less than 50% of the
construction cost.
d. ~_eneral Access Improvements;
1. All access points shall be properly lighted via
highway street lighting so as to delineate the access
i'll turn lanes and pedestrian travel ways.
2. Since the commercial center will be attracting
pedestrian traffic, particularly from the
~" intersection of Price Street/U.S. 41, an internal or
? external pedestrian way is to be provided from this ..
intersection to the internal sidewalks serving
building areas.
3.Access improvements shall be in place as a condition
of internal building cer~cat9 of occ%H0ancy.
PET~TIONER' O~GF. NT --
RN TO AND SUBSCRIBED BEFORE ME THIS /J ~- DAY
!): MY COMMISSION EXPIRES:
- - ~. zz. 19~
-2-
R~PRESENTATI%;E FOR CCPC
SWORN TO AND SUBSCRIBED BEFORE ME THIS / "- DAY
NOTARY ~
,' ~ T~U ~ ~S.U~).
MY COMMISSION EXPIRES:
R-91-10 "AGREEMENT SHEET/md
STATE OF FLORIDA
COUNTY OF COLLIER )
I, JAMES C. GILES, 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, 91-114
which was adopted by the Board of County Commissioners on
the 17th day of December, 1991, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd
day of December, 1991.
JAMES C. GILES
Clerk of Courts and Clerl~-
Ex-officio to Board of .'%
, jC°unty"C°mmissi°ners ,... ...
[ Deputy Clerk ' ~ '[~"