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Ordinance 2004-26 ~ ~ /,.¿. ~ ~ "'1. (~< ~ "/ «' ";.:' l' \, "r7 ~/> L? «' ORDINANCE NO. 2004 - ?h ~ :-b., °;c '\ ð l.~~>.\ ~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ~ ?' ~. COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 04-08, WHICH (~ ~ AMENDED ORDINANCE NO. 91-102, AS AMENDED, THE COLLIER '1:>~ COUNTY LAND DEVELOPMENT CODE, TO CORRECT SCRIVENER'S '-? ERRORS RELATING TO THE INCORRECT INSERTION OF MAPS PERTAINING TO SECTION 2.2.2 1/2, RURAL FRINGE MIXED USE DISTRICT AND SECTION 2.2.30, NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT; AND TO CORRECT SCRIVENER'S ERRORS RELATING TO DIVISION 3.15, ADEQUATE PUBLIC FACILITIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners on February 11, 2004, adopted Ordinance Number 04-08, which amended Ordinance Number 91-102, as amended, the Collier County Land Development Code; and WHEREAS, following said action in adopting Ordinance Number 04-08, it has been determined that text intended for Section 3.15.7.3.4.7., was not included and that incorrect maps were included in LDC sections 2.2.21/2. and 2.2.30., and that such error/omissions constitute scrivener's errors. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR CORRECTIONS-Division 2 Ordinance Number 04-08, is hereby amended to read as follows in Sub-section 3. A.: * * * * * * * * * * * * 2.2.2%. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT) 2.2.2Y2.1 PURPOSE AND SCOPE. * * * * * * * * * * * * A. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In order to implement the RFMU designation in the future land use element (FLUE) of the GMP, the RFMU District, to be designated as "RFMUO" on the Official Zoning Atlas, is hereby established. The lands included in the RFMU District and to which the Section 2.2.2Y2 apply are depicted by the following map: Page 1 of 8 -----'---' LEE COUNTY LE RURAL FRINGE AREAS h IMMOKALEE RD TY - -- I ð <D ~OO~N ! II ¡;¡ IMMOKALEE - ì""""--g ""'"' ~" , GOLDEN GATE~ BOULEVARD ~ ~ \ ~:I I 8 ~ATE.~ \ ~ ,,¿ cJ ~ ~ N\ ' ' " ",' '"' .., II ! , ~ « $c'" 11/ J:. ~ IF=~":~:"'~~-l ,~ J- j: ' II ""EO ,S[ D,STR,CT I ~'::~'~:::"::,';.'T '.:.~ ~,~~,:~:':i:":¡~:-::,,~ I '"' """" ~,M.-~",., [Delete this Map] , Underlined text is added; itl:lsk tI=u:ol:Igh text is deleted. ' Page 2 of 8 LEE COUNTY RURAL FRINGE AREAS ~ 8 IMMOKALEE RD, u UJ ~ ~ -' => g LEE COUNTY (/) w ~ ~ ~ IMMOKALEE ROAD RANDALL BLVD ~ ~ 3: ~ GOLDEN GATE BOULEVARD ~ sa > ~ i:;\ -' => ... 0 tn en DO: w :J -' 0 u INTERSTATE - 75 ;n '" Ii U c ~ n ~ ð ~.~ : w ~ ~ ~> ~ /,% DO: [[l;OW ~ ~ [Insert this Map] Underlined text is added; itl:lsk thr:el:lgh text is deleted. . Page 3 of 8 * * * * * * * * * * * * Sec. 2.2.30. NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT (NRPA) 2.2.30.1 PURPOSE AND INTENT. * * * * * * * * * * * * A. NRPA OVERLAY AREAS. NRPAs are located in the following areas: 1. Clam Bay Conservation Area (within Pelican Bay Planned Unit Development); 2. CREW (Corkscrew Regional Ecosystem Watershed); 3. North Belle Meade; 4. South Belle Meade; 5. South Golden Gate Estates. The NRPA lands within the Rural FrinQe Mixed Use District to which the Section 2.2.30. ~ons applY (i.e. - numþers 3 and..!.2.bove) are d~V the followinQ map: Underlined text is added; itl:lsk tRF9l:1gR text is deleted. . Page 4 of8 r-----RURAL FRINGE NATURAL RESOURCE PROTECTION AREAS > ~ '5 " --- ~ ~ ~ LEE COUNTY ~ ~ IMMOKALEE ROAD -, -"--~----- --------- --- . g := % GOLDEN GATE BOULEVARD ~ ---- ~ ~ m ¡;j ~ 851 :3 a u \ INTERSTA"",_l ~ ,,¿ cJ I ~ IN 0.'..".'.'.'."".. ~\ ' II 3 "',,' '4' 11, ~ I [- ~~. ~~l ..... ~ l NATURAe RESOuRCE ~ r~ PROTEC"ON AREA -J , -- - d ;=:,~,'O:¡'¡~~~,~ ~,.,;::;.~,:-;:,;:,:,~;-::".. ,on, "I"'" ~"~...,,,.. ---------- ---- ---- -------..---- [Delete this Map] Underlined text is added; itl:lsk thr:el:lgh text is deleted. ' Page 5 of 8 .-."._-_..~""_.,._---" LEE COUNTY RURAL FRINGE I MIXED USE DISTRICT ¡ NATURAL RESOURCE PROTECTION AREAS ~ ~ IMMOKAlEE ROAD ~ I ~ LEE COUIm' rn -- ~ ¡ ~ ~ at IMMOKAlEE ROAD RANDALL BLVD ~ -' ~ ~ GOLDEN GATE BOULEVARD ~ ~ ~ ~ => ~ Ii! « \!j ::i 0 <.> ¡g CI:: U 0 ~ ~ ~ - ' '11/ Ii! CJ) «,,°'" ~~ ~ v~ ~ ~ ~ Q [Insert this Map] Underlined text is added; ituGk tt:lrough text is deleted. ' Page 6 of 8 SECTION TWO: SCRIVENER'S ERROR CORRECTION-Division 3.15 Ordinance Number 04-08, is hereby amended to read as follows in Sub-section 3. N.: DIVISION 3.15. ADEQUATE PUBLIC FACILITIES * * * * * * * * * * * * Sec. 3.15.7. Regulatory program: review of development to ensure adequate public facilities are available, including the Transportation Concurrency Management System. * * * * * * * * * * * * 3.15.7.3.4.7. Proportionate Share Payments. Proportionate share payments may be used to mitigate the impacts of a development on a deficient roadway link by more than a de minimis amount within a Transportation Concurrency Management Area in which 85% of the north-south lane miles and 85% of the east-west lane miles are operating at or above the adopted LOS standards consistent with Policies 5.8 and 5.9 of the Comprehensive Plan Transportation Element. However, no impact will be de minimis if it exceeds the adopted level-of-service standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7 of the Transportation Element. Any impact to a hurricane evacuation route operating below the adopted LOS within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. Proportionate share payments under this section are determined subsequent to a finding of concurrency for a proposed project within a TCMA and do not influence the concurrency determination process. ~opment of an ~ sinÇJ~Y reslQence will not be required to gmillbute or ma~e a proportionate share payment under this section. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. Underlined text is added; Stl:lck tRl'Ðugh text is deleted. . Page 7 of 8 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this d,7 day of ~ . 2004. ATTEST:, '"" ',c'" ", ,-~., ~ DWIGHT Ei~, B~OCK,,:~CL.ERK , BOARD OF COUNTY ." ",',' ',~;' ' OF COLLIER COUNTY, FLORIDA COMMr9~1?~E;RS~dY~'" ~<))', ,,~';";,'-;':',:, ..-: \,.,~ '" : . ì ' ,.':! :.. By: This ordinance filed with the Soereto'y of E Office tr; ~dayof , ~d and acknowle geme t f that filin received this O-r day g , Underlined text is added; itl:lsk tRFOI:I8h text is deleted. ' Page 8 of 8 , ,-~--'- STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2004-26 Which was adopted by the Board of County Commissioners on the 27th day of April, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of April, 2004. DWIGHT E, BROCK ; ,~,. ~ Clerk of Courts and Clerk Ex-officio to Board of .. . . County Commissioner _. , ,. .~, "-" '.r '.. ..".' By . Maureen. K~riyö.,.~ ,.) Deputy Clerk' ",-,."-'-- -'-----