Ordinance 87-059ORDINANCE 87- 59
AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHEN-
SIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLCRIDA, BY AMENDING THE OFFICIAL
ZONING ATLAS MAP NUMBER 51-26-2 BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN DESCRIBED
PROPERTY LOCATED AT THE NORTHEAST CORNER OF U.S. 41
AND C.R. 951, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE
26 EAST, ± 4.02 ACRES, FROM A-2 TO C-3 "ST"; AND BY
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Coastal Engineering, representing Barnett Banks Trust
Company, p~t~t~on~d Lthe S~ard of County~ Cg~_m'iss~ioners.'to change Zoning
Classification of the hereinafter 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 is
changed from A-2 to C-3 "ST" and the Official Zoning Atlas Map Number
51-26-2, as described in Ordinance 82-2 is hereby amended accordingly~
A parcel of land lying in the North ~ of Section 3,
Township 51 South, Range 26 East, Collier County,
Florida, being more particularly described as
follows:
Commencing at the north quarter corner of said
Section 3, run North 89°23'52'' West along the north
line of said Section 3, 324.27 feet to the east
right-of-way line of State Road 951, thence along
said right-of-way line South 35°40'08'' West 887.72
feet to the point of beginning; thence continuing
with said right-of-way line South 35°40'08'' West
365.00 feet to its Junction with the north right of
way line of State Road ~90 (Tamiami Trail); thence
along said right-of-way line South 24 ~19'52'' East
69.?9 feet; thence South 54°20'16'' East 379.38 feet;
thence North 35°39'44'' East 400.00 feet; thence
North 54°20' 16" West 440.00 feet to the Point of
Beginning.
The above describes an area of approximately+4.02-
acres of land. --
SECTION TWO:
This Ordinance shall become effective upon notice that it has been
received by the Office of the Secretary of State.
BOARD OF COUNTY COMMISSIONERS
C OLL I~Y,/~FLOR I~
T~is e~lnance flied with the
.~etary of State's Office_tBe '
and acknowledgement ~f that
filiog received thls~ clay
R-87-3C ORDINANCE
02:7 ,, 3'18
AGREEMENT
I, Michael F. Stephen Ph.D. as owner or authorized agent for Petition
R-87-3C, agree to the following stipulations requested by the Collier
County Planning Commission in their public hearing on June 18, 1987.
That the applicant demonstrate Justification for the need for
additional commercial land use at this location. (Petitioner
complied with the above stipulation at the CCPC hearing).
A site clearing plan shall be submitted to the Natural
Resources Management Department and the Building Department for
their review and approval prior to any substantial work on the
site. This plan may be submitted in phases to coincide with
the development schedule. The site clearing plan shall clearly
depict how the final site layout inco~'porates retained native
vegetation to the maximum extent possible and how roads,
buildings, lakes, parking lots, and other facilities have been
oriented to accommodate this goal.
Native species shall be utilized, where available, to the
maximum extent possible in the site landscaping design. A
landscaping plan will be submitted to the Natural Resources
Management Department and the Building Department for their
review and approval. This plan will depict the incorporation
of native species and their mix with other species, if any. The
goal of site landscaping shall be in the "a-creation of native
vegetation and habitat characteristics lost on the site during
construction or due to past activities.
Ail exotic plants, as defined in the County Code, shall be
removed during each phase of construction from development
areas, open space areas, and preserve areas. Following site
development a maintenance program shall be implemented to
prevent reinvasion of the site by such exotic species. This
plan, which will describe control techniques and inspection
intervals, shall be filed with and approved by the Natural
Resources Management Department and the Building Department.
eo
If, during the course of site clearing, excavation, or other
constructional activities, an archaeological or historical
site, artifact, or other indicator la discovered, all
development at that location shall be immediately stopped and
the Natural Resources Management Department notified.
Development will be suspended for a sufficient length of time
to enable the Natural Resources Management Department or a
designated consultant to assess the find and determine the
proper course of action in regard to its salvageability.
The Natural Resources Management Department will respond to any
such notification in a timely and efficient manner so as to
provide only a minimal interruption to any constructional
activities.
ge
Jo
Petitioner shall be subject to ordinance 75-21 (or the
tree/vegetation ~emoval ordinance in existence at the time of
permitting), requiring the acquisition of a tree removal permit
prior to any land clearing.
The two cabbage palms residing within the area proposed for
development shall be salvaged for transplant as landscape
components within the project site.
The wetland area on the north/northeastern and eastern/
southeastern peripheral areas, as defined by the State of
Florida Department of Environmental Regulation and U.S. Army
Corps of Engineers shall be zoned C-3 "ST" and thereby
protected under the terms and requirements of the Special
Treatment regulations of the Zoning Ordinance. This area shall
be defined by survey flagging subject to approval by NRMD.
Construction of the boardwalk shall be modified, if necessary,
to avoid any trees living in the area proposed for its
construction; final alignment will be subject to the approval
of NRMD.
Detailed site drainage plans shall be submitted to the County
Engineer 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 the County
Engineer.
In accordance with the Rules of the South Florida Water
Management District, (SFWMD) Chapters 40E-4 and 40E-40, this
project shall be designed for a storm event of 1-hour duration
and 3-year return frequency.
Petitioner shall provide a legal description of the boundary of
the F.D.E.R./A.C.O.E. identified Jurisdictional area. No
development shall take place beyond this boundary until proof
is provided to the County Engineer of compliance with permit
regulations in force by all appropriate local, state and
federal agencies for any use of activity proposed within the
limits of the Jurisdictional area.
Any future development will subject the developer to compliance
with all state, regional and local water management criteria
for the entire parcel delineated under this rezone petition.
The developer shall provide right turn lanes on US-41 and CR-
951 at the project entrances. Final design of the turn lane
on CR-951 shall be subject to approval of the County Engineer.
The developer shall reserve 15 feet of the frontage along CR-
951 for possible drainage use upon the four-laning of that
road.
OF
pe
There shall be no median opening on CR-951 when that road is
four-laned.
,/
KEPRESENTATI~ FOR CCPC'~
SUBSCRIBED BEFORE HE THIS
, 1987.
NOTARY
P~ONER OR
These improvements are considered "site related" as defined in
Ordinance 85-55 and shall not be applied as credits to any
impact fees required by that ordinance.
.' ~., f.'~' .~, '..
~';,.~... __ .~ '. ~'~ ,
· '>'.. 0 ~ .:~. .
. ... ,~:~'. ..... .....' .~. .
: ·
DAY
SEAL
MY COMMISSION EXPIRES:
#¥ C0~I$$101 EXP. APR
~O~I~D THRU 6[#ERTL 1~$.
R-87-3C Agreement Sheet
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:
whic]~ was adopted by the ~0ard of C'ounty Comm.iss~oners"'~ on '~he 28th '
day of July, 1987 during Regular Session.
WITNESS my hand and the official seal of the Board of County
.?.
Commissioners of Collier County, Florida, this 29th day of
July, 1987,
JAMES C. GILES
Clerk of Courts
Ex-officio to Boar. d~f ..
County~ommlsslon~s
· ·
By. V~rg~n~a Magr~
Deputy Clerk ~,".