Ordinance 90-055 ORDINANCE 90- 5.._5
AN ORDINANCE AMENDING ORDINANCE NO. 82-2 T~E
.EN OMPRENENSIVE ZONING REGULATIONS FOR THE
INCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY
DING THE OFFICIAL ZONING ATLAS MAP NUMBER
2S-3 BY CHANGING THE ZONING CLASSIFICATION FR~
~%2" RURAL AGRICULTURE TO "RO" RECREATIONAL OPEN
~ACE FOlt TIlE IIENF. IN DEf. ICItlI~ED I,ROPEItTY LOCATED ON
.~:~PROXII'U~TELY ONE NILE WEST OF C.R. 901 (VANDERBI~I~
_,~]3EACH ROAD) IN SECTION 6, TOWNSHIP 48 SOUTH, RAN~.E
25 EAST, COLLIER COUNTY, FLORIDA, CONTAINING 2.41~
ACRES; AND BY PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Tempustech Inc., represented by Kris Dane of
Coastal Engineering consultants Inc., petitioned the Board of
,, County Commissioners to change the Zoning Classification of
the below described real property;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
i~{: '~. COM]~ISSIONERS OF COLLIER COUNTY, FLORIDA:
~,, ~. The zoning classification of the hereinafter des~ribed
2~ East, Collier County, Florida, is changed from CA-2"
Agrlmltur~ to "RO" Recreational Open Space and the Official
Zoning Atlas Map Number 48-25-3, as described in Ordinance
No. 82-2 is hereby amended accordingly:
/ SE~ION ~O - EFFE~IVE DATE:
:'{~:~",. ~1 Ordinance shall become effective upon receipt
~en filed with the Secretary of State.
Co~issioners of Collier County, Florida, this 19th
¥ ~PROVED AS TO FO~ ~D
. LEG~ SUFFICIENCY: ~ o~i~nce filed wl~ ~e
~ORIg M. STUDENT ~ ~~~nk?f ~t
as
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d~s=anc, o~ 5~.~7 ~ae~ ~o a conc=z~ ~on~en~ ~a=:;in~ =h~ southa=Zy
cigh~-o~-,aay ~lne o~ ~oni~s BeachoRoa~ and ~ha ~o~n= oE ~eg~nning~ ~henc~
con~inue ~Zong said east l[ne ~OO 06'36"E 3~7.0~ f~e~ ~o ~hn Mean ~igh
Wat~ Lin~ o~ Cittla Hickory Bay; ~hencn alon~ said ~ean High Wa~lc line
N63-4~'~Z"W 31.49 f~ec; ~ence N66~24'25"W 19.44 fee~; ~henca
~0. , "'~ '' T~ ~ · " '' ~' "' = ~a - '
N6 ,6 f~ .. .... ,ec, ..nenc~ :io4.,. 29 ~ 50..0
~0_,, 42 .¢ ,4.52 ........ en,~ 337 .0 33 ~ 48.g.
NO~ 4~ ,~ 33.~ .a~c; ..~enca :4,3_~ 54 ., =0.05 ~c; :hence
~,5 L7 4a .~ o,.=a ,Re ..... ence ~54 ~9 =L .~ 23.2 ....
souCha:Ly :[~:-o~-uay L:~e o~ Bon~:3 ~each Road;
C~enca ~O0' 2L'4~":~ L3.02 ~e:; thence ~3g'~2'44"~ 2:9.21 ~c :o the
ac:as oa ..... L3=4. aasa~ on a ~ean :~ :~ace= aL~,:a:~=~
:,~cacad on ~ebtua:'z 20, L389.
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I, Kris A. Dane of Coastal Engineering Consultants, Inc.,
as owner or authorized agent for Petition R-89-22, agree to the
following stipulations requested by the Collier County Board of
County Commissioners in their public hearing on June 19, 1990.
A. The petitioner shall be subject to a Site Development
Plan in accordance with Section 10.5 of the Collier
County Zoning Ordinance 82-2.
B. The marina, boat ramp, private club and yacht club
shall be for private membership only.
C. The usage of this site and all amenities shall be
limited to 200 memberships.
D. Trailering of boats for boat launching shall not be
allowed on site. However, boat trailers shall be
allowed on site for delivery of boats for dry storage
and wet slip mooring purposes.
E. Living aboard boats shall not be permitted at this
site.
F. The restaurant shall not provide seating, and shall
resemble the use of a snack bar or short order type
fast food restaurant.
G. Boats shall be limited to 26 feet in length.
ENVIRONMENTAL:
'/~'" A. Petitioner shall comply with Ordinance NO. 82-2 as
· amended by Ordinance No. 89-57 (Use of Native Species
?'. in Landscaping).
B. Petitioner shall comply with Ordinance No.' 75-21 as
amended by Ordinance No. 89-58 (Preservation of
Native Habitat and Tree Removal Permit).
C. Petitioner shall comply with Ordinance NO. 82-37 aB
amended by Ordinance No. 89-53 (Removal of Exotic
Species).
D. Petitioner shall be subject to the Collier County
Comprehensive Plan Policy 12.1.3 (discovery of an
EXHIBIT "C"
archaeological or historical site, artifact or other
indicator of preservation).
" E. In the event protected species nests or burrows ara
encountered by Collier County Project Review Services
Environmental Staff during the site plan review
and/or approval, design may be adjusted if warranted
(Collier County Comprehensive Plan Policy 7.3.4).
F. Prior to the final Site Development Plan approval
meeting for project infrastructure, the petitioner
shall obtain and submit to Project Review Services,
documentation of all required local, state and
federal permits.
G. Petitioner shall retain naturally vegetated buffer
zones which extend at least five (5) feet landward
from the mangrove edges (Collier County Comprehensive
Plan, Objective 6.2 and associated policies).
Pursuant to the Growth Management Plan, Goal 7,
Objective 7.2, Policies 7.2.1, 7.2.2 and 7.2.3 and
Policy 11.1.5, petitioner shall be subject to the
Manatee Protection Plan in effect at the time of
Preliminary Site Development Plan (SDP) approval.
I. Pursuant to the Growth Management Plan, Goal 2;
Objective 2.2, Policy 2.2.4; Objective 2.3, Policies
2.3.1 and 2.3.6, petitioner shall be subject to
water quality and sediment monitoring programs by the
Department of Environmental Regulation and Collier
County. Water quality shall be evaluated using State
water quality standards (403.061 F.S.; F.A.C.
17-3.051, 17-3.061, 17-3.111, and 17-3.121).
J. No net loss of viable wetlands shall occur due to
shoreline hardening structures (e.g., rip-rap,
seawalls, groins, etc.) shall be allowed (Collier
County Comprehensive Plan, Objective 6.2 and
associated policies).
K. The petitioner shall satisfy all regulations
concerning dock (wet slip) construction as mandated
by Collier County Project Review Services, the
Florida State Department of Natural Resources (DNR),
the ~lorida State Department of Environmental
Regulation (DER), and the U.S. Army Corps of
Engineers (ACOE).
TRANSPORTATION:
A. Subject to concurrence by the Lee County
Transportation Department, the developer shall
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provide left and right turn lanes on Bonita Beach
Road at the project entrance. The left turn lane
shall be long enough to store two of the largest
vehicle combinations expected to use it.
B. If a median opening is permitted at the time of four
laning Bonita Beach Road, the developer shall be
responsible for the cost of all intersection
modifications needed to serve the project.
C. The developer shall provide arterial street lighting
at the project entrance.
D. The developer shall dedicate twenty-five (25) feet of
additional right-of-way on Bonita Beach Road (South
side) for roadway, drainage and access use.
E. The Road Impact Fee shall be as for the most similar
uses as set forth in the fee schedule of Ordinance
85-55 or as it may be amended, and shall be paid at
the time building permits are issued unless otherwise
approved by the Board of County Commissioners.
F. Required access improvements shall be in place before
any certificates of occupancy are issued and shall
not be subject to impact fee credits.
WATE~tt~NAGEMENT AND ENGINEERING~
A. Detailed paving, grading, site drainage and utility
plans shall be submitted to Project Review Services
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 Project Review Services.
B. Design and construction of all improvements shall be
subject to compliance with the appropriate provisions
of the Collier County Subdivision Regulations.
Work within Collier County right-of-way shall meet
the requirements of Collier County right-of-way
Ordinance 82-91.
D. Prior .to detailed construction plan approval, the
petitioner shall dedicate 25 feet of additional
right-of-way along the entire northern project
boundary.
E. Provide all appropriate agency permits (DER, COE,
SFWMD) prior to detailed construction plan approval.
'i~
F. The bottom of the water management retention area
shall be at least one foot above the wet season water
table. Prior to preliminary site plan approval,
provide verification of the wet season water table.
The elevation on the site plan seems too low.
G. This is for rezoning purposes only, a Site
Development Plan pursuant to Section 10.5 of the
Zoning Regulations will be submitted and approved at
a later date.
A. Connection to the existing water and sewer facilities
within Bonita Beach Road right-of-way is recruited and
must be fu11¥ iljustrated on the final site plan and
supporting engineering construction drawings as to
location, size and configuration. The water meter
size and location must be shown.
B. Verification of sewage handling facilities pursuant
to Ordinance 80-112 to service this project is
required and must accompany the final site plan.
PETITIONER OR AGENT
REPRES~TATIVE FOR CCPC
SWORN TO AND SUBSCRIBED BEFORE ME THIS .~% DAY
~.. OP , 1990. ~
GF'dlLL N(~TARY PUBLIC STAT(' 0~' ~rtoRml
HY COIq#IS$ION LrXP. APn. II.V~92 .'
MY COMMISSION EXPIRES: ~9"[~[0 lHP~r ~r'~PP,' ,~, i~n.
R-89-22 AGREEMENT SHEET
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':: COUN~ OF COLLIER ) ~','~
/.,.:.. · I, JAMES C. ~I~ES, C~e~k of Cou~ts ~n and fo~
~en~teth Ju~l=tal Circuit, Collie= County, Florida, do
hereby csrttfy that the foregoing ts a true copy of:
,-. ~,[~
.: Ordinance No. 90-55
· ~,~:' which wa8 8dopted by the Board of County Commlsstone~ on
~'~'?~ the 19th day of June, 1990, during Regular Session.
WITNESS ~y hand and the official aeal of the Board of
JANES C. G;L;S
Clerk o~ Courta and
Ex-officio to Board of
Count~
By: /s/Louise Chesonts
Deputy Clerk ,
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