Ordinance 2000-013ORDINANCE NO. 2000-! 3
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND DEVELOPMENT
CODE WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING
THE OFFICIAL ZONING ATLAS MAP NUMBER 8516S BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED PROPERTY LOCATED ON THE
WEST SIDE OF U.S. 41 NORTH APPROXIMATELY 1500
FEET SOUTH OF THE WIGGINS PASS ROAD
INTERSECTION, IN SECTION 16, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM
"A" RURAL AGRICULTURAL TO "C-4" GENERAL
COMMERCIAL; PROVIDING FOR STAFF AND
PLANNING COMMISSION STIPULATIONS; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Lisa H. Barnett of Cheffy, Passidomo, Wilson & Johnson, LLP,
representing Benedict P. Miralia, 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
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
The zoning classification of the real property as more particularly described ~,~;gxbi~it
"A" attached hereto and incorporated by reference herein, and located in Section 16,
OF
Township 48 South, Range 25 East, Collier County, Florida, is changed fi.om "A" to "C-4"
and the Official Zoning Atlas Map Number 8516S, as described in Ordinance 91-102, the
Collier County Land Development Code is hereby amended accordingly. The herein
described real property is the same for which the rezone is hereby approved subject to the
conditions described by Exhibit "B".
SECTION TWO:
This Ordinance shall become effective when the EAR-based Amendments to the
Future Land Use Element of the Collier County Growth Management Plan become legally
effective as provided by §163.3189 (2)(a), Florida Statutes, commonly referred to as the
Local Government Comprehensive Land Use Planning and Land Development Regulation
Act.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this //~/~ . day of ~/~'_~X ,2000.
· ~/i ;"':':'D"wIGHT'i~' BROCK, CLERK
:: :2: :~':~.~i: ': /' ~"~'~ ;'
':..,.:.~, --/ -- /
%"/,::/'~PpROVED AS TO EO~ A~ LEGAL S~FICIENCY
MARNI M. SCUDERI
ASSISTANT COUNTY ATTORNEY
BOARD OF COUNTY COMMISSIONERS
COLLIER t~TY, FLORIDA
G/admin/R-99-12/CB/ts
EXH~IT "A"
PARCEL NO. 1:
That certain part of the E 1/2 of thc SE 1/4 of Section 16, Town~hip 48 South, Range 25 East,
described a,s follows: Beginning on the W line of U.S, Highway 41 (Tamiami Trail) at a point
1480.3 feet S of the N line of said E 1/2 of SE 1/4 m~mn'ed along the W line of Highway and ~h
line produced; then~ W at right angles 660 feet; thence S parallel with highway 132 feet; thence E
at right angles 660 feet to highway;, thence N along W line of highway 132 feet to point of
b¢~nning; containing 2 acres and adjoining the so-called Semler Tract on the South.
PARCEL NO. 2: ,
That certain part of the E 1/2 of SE 1/4 of Section 16, Town~aip 48 South, Ran~ 25 East, de~n'ibed
as follows: B¢~nning on the W lire of U.S. Highway 41 (Tamiami Trail) at a point 1612.3 feet S
of the N line of said E 1/2 of SE 1/4 ~ along the W line of highway and such line produced;
thence W at right angles 660 feet; th~c.~ S parallel with highway 132 feet; thencz E at right angles
660 feet to highway; thence N along W line of highway 132 fe~t to Point of Bo~nning, containing
2 acres, adjoining and on S ~ido of that certain tract dm~rribed in that ~ agreement of milo dated
October 4, 1940 Imtween tho Naples Tropical Realty Company and David L. Hoguo and Bunico
Hogue, his wife, said tract being parcel 1 described aforesaid.
Less that parcel of property deeded to State of Florida for tho uso and benefit of tho State Road
Department of Florida, Holland Building, Tallahassee, Florida.
Exhibit B
o
o
The developer shall be required to obtain a Roadway Connection Permit from the Florida
Department of Transportation (FDOT) prior to the construction of the project's entrance.
The developer shall be responsible for the construction of turn lanes at the project
entrance as may be required by the FDOT. All required turn lanes shall be in place prior to
the issuance of any Certificates of Occupancy for the developments. These improvements are
site related, and therefore, shall not be eligible for credit toward any road impact fees
required by the Collier County Road Impact Fee Ordinance, No. 92-22, as may be amended.
An environmental impact statement (EIS) shall be submitted for review and approval by
the Environmental Advisory Council (EAC) at the time of site plan submittal.
The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and
Wildlife Service (USFWS) and the Florida Fish & Wildlife Conservation Commission
(FFWCC) regarding potential impacts to bald eagles.
Unless a waiver is granted exempting the petitioner fi'om the requirement for an Archaeological and
Historical assessment and survey, the petitioner shall comply with the guidelines and
recommendations presented in the Archaeological and Historical assessment and survey.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of
Twentieth Judicial Circuit, Collier
certify that the foregoing is a true copy of:
Courts in and for the ~ ~
County, Florida, do h~m?b~ m
ORDINANCE NO. 2000-13
Which was adopted by the Board of County Commissioners on
the 14th day of March, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th day
of March, 2000.
.~..-' ~'~i~l i' .~ .',,,
DWI HT E. BROCK
Clerk of Courts and'~t;e~ . , '.'~:~ r~ ~ :..
. ,
Ex-officio to Board ~f.: '~&:,,...,,',., ~J.:~-
County Commissione~s~ i"..
By: Ellie Hof fman, -, "':'
Deputy Clerk