Ordinance 86-20ORDINANCE 86- 20
AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHEN-
SIVE ZONING REGLq~ATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL
ZONING ATLAS MAP NUMBER 48-25-5 BY CHANGING TME ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY FROM
RSF-4 AND C-& TO RT, FOR A MOTEL FOR PROPERTY LOCATED
ON THE EAST SIDE OF US-41, APPROXIMATELY 1/2 MILE
NORTH OF IMMOKALEE ROAD (SR-846) iN SECTI05 22,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, + 3.53 A£RES,
AND BY PROVIDING FOR AN EFFECTIVE DATE.
WNEILEAS, Anthony D'Agostino, representing Benedict P. Miralia,
petitioned the Board of County Commissioners to change Zoning Classifica-
tion of the hereinafter described real property;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTT, FLORIDA:
SECTION ONE:
The Zoning Classification of the herein described real property ia
changed from RSF-4 and C-4 to RT, in accordance with the attached
agreement sheet, and the Official Zoning Atlas Map Number 48-25-5, aa
described in Ordinance 82-2 is hereby amended accordingly:
SEE ATTACHED LEGAL DESCRIPTION
SECTION TWO:
This Ordinance shall become effective upon notice that it has been
received by the Office of the Secretary of State.
DATE: ~ ~: lqP~
R-85-32C Ordinance
O WILSON, MILLER, BARTON, SOLL. & PEEK, INC.
~ PROFESSIONAL ENGINEERS, PLANNERS AN[) LAND SURVEYORS
Description of Lot 18, part of Lot 17 of Palm River Shores an3
part of Section 22, Township 4~ South, Range 25 East,
Collier County, Florida
For Mr. Anthony DIAgo.-.tino
Lot 17, except the north 25 feet thereof and Lot 18'
cf Palm River
Shores according to the plat thereof as recorded in Plat Book 3,
page 27, Collier County P~blic Records, CoLlier County, Florida,
AND
Ail that part of Section 22, Township 48 So~th, Range 25 East,
Collier County, Florida and being all of vacated (O.R. 640, page
279) Lots 1 through 16 and the north 25 feet of Lot 17 inclusive and
the former platt^d Palm Court right-of-~'ay of Palm River Shores
according to the plat thereof as recorded in Plat Book 3, page 27,
Collier County Public Records, Collier County, Florida and being
more particularly described as follows:
Commencing at the southwest corner of Lct 17 of said Palm River
Shores;
thence along the easterly right-of-way line of Tamiaml Trail (U.S.
41) North 01"-00'-30" West 8.90 feet to t~,e southwest Morner cf the
north 25 feet of said Lot 17 and the POINT OF BEGINNING of the
parcel herein described;
thence continue along the easterly right-of-way line of Tamiami
Trail (U.S. 41) North 01"-00'-30" West 265.00 feet;
thence North 88"-59'-30" East 113.27 feet;
thence North 71"-44'-30" East 313.27 feet;
thence South 18"-15'-30" East 218.50 feet to a point of
curvature;
thence southeasterly, southwesterly and westerly ].82.07 feet
along the arc of a circular curve concave to the northwest,
having a radius of 100.00 feet, through a central angle of
104"-19'-00" and being subtended by a chord which bears South
33"-54'-00" West 157.94 feet;
thence South 86"-03'-30" West 287.24 feet;
thence South 1"-00'-30' East 5.00 feet to the south line of the
north 25 feet of said Lot 17;
thence along said line South 88"-59'-30" West ~00.00 feet to
the Point of Beginning of the parcel herein described;
subject to easements and restrictions of record.
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
'Reg. Engineers and Land Surveyors
Wilbur M. Christiansen, Jrt, P.L.S. ~2765
Not valid unless embossed with the Professional's seal.
WoO.
Date:
Ref:
May 1, 1986
PLat Book 3, p~. 27) (%;LC:kid
Pal~ River)
May 6, 1986
AGREEMENT
I, Anthony D'Agostino, as owner or authorized agent for Petition
R-85-32C, agree to the following stipulations requested by the Collier
County Planning Commission in their public hearing on Hatch 20, 1986.
Only
tion
* b.
if the Petitioner selects RT zoning would staff'~ recommenda-
be for approval, subject to the following stipulations:
~m adequate water management plan shall be devised to prevent
surface runoff to the Cocohatchee River and adjoining canals.
Additional red mangrove seedlings shall be planted along canal
bank~ and in the riprap area.T~, ~ h~.
Develcpmed~lana shall be submitted at the time of final site
plan review to the Natural Resources Management Department and
the Community Development Division fo: their review
zpproval prior to any site work. This plan may be ~,,bmitted in
phases to coincide with the development schedule. The
d~velopment plans shall clearly depict how the final site
layout incorporates retained native vegetation to the maximum
extent possible and how road,s buildings, lakes, parking lots,
and other facilities have been oriented to accommodate this
Foal. Buildings should be placed to minimize removal of
existing native vegetation, especially the large pine, mango,
and mahoe trees.
Native species chall be utilized, where available, to the
maximum extent possible in the site landscaping design. A
landscaping plan will be submitted to the Hatural Resources
~snagement Department and the Community Development Division
for their review and approval. This plan will depict the
incorporation of ~ative species and their mix with other
species, if any. The goal of site landscaping shall be the
re-creation of native vegetation and habitat characteristics
lost on the site during conmtruction or due to past activities.
* - As a r~sult of the Board of County Commissioners meeting of May 6, 1986,
stipulation "b" was amended to add the following: "In ~m~iition, the red
mangroves shall be planted to meet the requir~v~_nt of ~.~rtion 8.37.b. of
the Zoning Omiinance regarding 80% opacity between three (3) and eioht (8)
feet, within 12 months. ~
~ TO:
O~UINAN(~ NO. 86-20
May 6, 1986
go
All exotic plants, as defined in the County Cods, 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 Comm,mtty Development
Division.
If during the course of site clearing, excavation, or other
constructional activities, an archaeological or historical
site, artifact, or other indicator is discovered, all
development at that )station shall be immediately stppped z~nd
the Natural Resources Management Department no~ified.
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 respon~ to any
such notification in a timely and effi:ient mamner so aa to
provide only a minimal interruption to en~ constructional
activities.
No direct surface run-off into Horse Creak or other adjacent
waterways shall be permitted.
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 ia granted by the County
Engineer.
In accordance with the Rules of South Florida gater Management
District (SFWMD) Chapters 40E-4 and 40E-40, this project shall
be designed for a storm event of one hour duration and 3-year
return frequency to provide full water quality treatment of
storm run-off before discharge into Norse Creek.
The developer shall provide a northbound right turn lane on
US-41 at the project entrance.
The developer shall provide arterial level street lighting at
the project ~ntrance and exit.
It is not anticipated that additional right-of-way will be
required for the future widening of US-41. However, it shall
be the Petitioner's responsibility to ascertain this fact from
the Florida Department of Transportation and make arrangements
for donation of right-of-way if needed.
May 6, 1986
m. Utility Division stipulations per their memo dated December
12, 1985, attached.
n. Any establishment requiring CCPHU permit, must submit plans for
review and approval.
Lots 1 through 17 of Palm River Shores has previously been
vacated, therefore, the legal description is not correct and a
corrected legal shall be submitted prior to BCd he,ring.
All required permits and site plan reviews shall be initiated
at the appropriate time.
q. A minimum 8 inch water main and fire hydrants shall be
installed in this area to provide adequate fire protection.
r. The structures shall be limited to three stories above parking.
The motel structures shall be located generally aa shown on the
submitted site plan dated 11/8/g5 and revised 11/26/85 (i.e.,
structures facing the water witk parking internal to the
REPR~S~ATIVE FOR CCPC
OF
SWOP~N TO AND SUBSCRIBED BEFORE ME THIS ,'- ~ DAY
SEAL
MY COM~MISSION EXPIRES:
R-85-32C Agreement Sheet
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAn, Clerk of Courts in and for the
Twentieth 3udicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true original of:
ORDINANCE NO. 86-20
which was adopted by the Board of County Commissior]ers
during Regular Session or, May 6, 1986.
WITNESS ms' hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of May, 1986.
WILLIAM J. REAGAN
Clerk of Courts
Ex-Officio to