Ordinance 74-37 ORDINANCE NO. 74-37
AN ORDINANCE AD{ENDING COLLIER COUNTY ORDIMANCE
NO. 74-12 BY CHANGING THE ZONING DISTRICT CT2%SSI-
FICATI~N OF THE PROPERTY DESCRIBED BELOW FROM
C-2 TO C-2 WITH PROVISIO~IAL USE (2)_ AND PROVIDING
AN EFFECTIVE DATE:
~{EREAS, Phil~ip A. Joseberger~ Jr.
owner (s) of the property hereinafter described, petitioned the Board of
County Commissioners of Collier County to change the zoning classification
of the real property hereinafter described.
NOW. THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA:
SECTION ONE.:
1. The zoning classification of the heretnbelow described real
property in Collier County, Florida is changed from C-2 to C-2 with
Prov. Use (2) and the Official Zoning Atlas described as Exhibit A_
of Ordinance No. 74-12 is hereby amended accordingly.
Ti,~u uer~ain parcel of land lying in and being a portion of Block
~13 of ~RCO BEACH UNIT FOUR, according to ~he map or plat thereof
as recorded in Plat Book 6, Pages 32 through 37 inclusive of the
Public Records of Collier County, Florida,
Being more particularly described as follows:
Commence at the centerline intersection of State Road S-951 and
Elkcam Circle, as shown on said plat of Marco Beach Unit Four;
run thence N69"25'00"E along said centerline of Elkcam Circle
for a distance of 402.50 feet; thence S20"35'00"E for a distance
of 40 feet to the Southerly Right-of-Way Line of Said Elkcam
Circle; said point being the point of curvature of a circular
curve concave on a Northwesterly direction having a radius of
640 feet; thence Northeasterly along said Southerly Right-of-Way ,
Line and the arc of said curve through a central angle of 04"01 52'
for a distance of 45.03 feet to the POINT OF BEGINNING of the
pa£cel of land hereinafter described; thence continue along said
curve through a central angle of 08"57'09" for a distance of
100.00 feet; thence leaving said Southerly Right-o~-Way Line;
S33°34'01"E radial to aforesaid Curve for a distance of 222.01
feet to a point on the Southerly boundary of said Block 113;
thence S69°25'00"W along said Southerly boundary for a d
of 147.67 feet; thence leaving said Southerly bounder,
10"W for a distance of 201.56 feet to the Point of Be
Containing 0.59 acres more or less.
iSEP ~ ~S?4 ~
SECTION TWO:
~onflict~ Severancer Construction and Penalty.
In the event this Ordinance conflicts with other applicable law,
the more restrictive shall apply. If any part of this Ordinance con-
flicts with any part, it shall be severed and the remainder shall have
full force and effect and be liberally construed.
If any section, subsection, sentence, clause, phrase or portion
of this Ordinance'is, for any reason held invalid or unconstitutional
by any court of competent. Jurisdiction, such portion Bhall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portion thereof.
The provisions of this Ordinance shall be deemed an exercise of
the police power of Collier County for the protection of the public
health, safety and welfare and therefore shall be l~berally construed
to accomplish that purpose and implement the legislative intent and
declaration.
If such a violation is continuing,
act shall be a separate offense.
SECTION THREE:
Effective Date.
This Ordinance shall become effective upon receipt of notice
it is filed with the Secretary of State.
Dated: September 3, 1974
AT%'EST:
5b%RGARET T. SCOTT
Clerk~f Circuit
Dep.uty Clerk
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each day's violation or separate
ve u on re eipt of n~,ti e that
BOARD OF COUNTY COMMISSIONERS
COLT,TE~ COU}~TY, FLORIDA
BY:cliffo~I//Wenzel, 'Cha(~'kmaI
A~roved as to form and legality.
David Emerso~ Brunet
Collier County Attorney