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Ordinance 2006-02 ORDINANCE NO. 06 -0;> AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICA nON OF THE SUBJECT PROPERTY LOCATED IN SECTION 23, TOWNSI III' 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM THE ESTATES (E) ZONING DISTRICT TO THE RESIDENTIAL SINGLE- FAMILY-5(3) (RSF ?[3)) ZONING DISTRICT WHICH ALLOWS 3 DWELLING UNITS PER ACRE; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND PROVIDE FOR AN EFFECTIVE DATE. :;-"' r.,., i-:". ;.,.?- c..... :-- "'"" 'j (.,-- (/ : . - ~,- (.J ;::> '''''- -- . ...~-.~ ..",.,,, . ..J - '-.....J , .) ",,1'; "'" WHEREAS, John T. Mahoney of Mandalay Place LLC, represented by J. Gary !", r'J Butler of Butler Engineering, Inc., petitioned the Board of County Commissioners, in Petition Number RZ-2005-AR-7825, to change the zoning classification of the subject real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property more particularly described in Exhibit "A," attached hereto and incorporated by reference herein, and located in Section 23, Township 49 South, Range 25 East, Collier County, Florida, is changed from the Estatcs (E) Zoning District to the Residential Single-Family 5(3) (RSF 5[JIl Zoning District which allows a maximum of three (3) dwelling units per acre and the appropriate zoning atlas map or maps, as described in Ordinance 2004-41, as amended, the Collier County Land Developme!lt Code is/are hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions contained in Exhibit "B," attached hereto and incorporated by reference herein. SECTION TWO: This Ordinancc shall bccome effective upon filing with the Florida Department of State. Page I of2 PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this :l'i r..tay of J,]",.Lit,l(';l 2006. ) ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~,ocQ~({],()? . ;. .' eputy Clerk "tteSt~;IS,.to ChafMlln' S I tgutwrl 0111 y. BY: ~~.,_.. ~ HALAS, ~~AN Approved as to form and legal sufficiency: Jennifer A. BeIped 0 Assistant County A RZ-2005-AR-7825/KD/sp Attachments: Exhibit "A"-LegaI Description Exhibit "B"-List of Conditions This ordinance filed with the ~tary o~~~ OfYJ~e day a , and acknawleoge n of that fil' received thl day of J(2 Page 2 of2 .!!!gal Description As provided by client (Commitment #1441313) Exhibit A (File 1/64-2004-7579) The North 305' of the East 1/2 of the NORTHEAST 1/4 of the SOUTHWEST 1/4 of the NORTHEAST 1/4, Section 23, Township 49 South, Ronge 25 East, Collier County. Florida Together with an Access and Utility Easement, 60 feet wide lying 30 feet on each side of a line dividing the East 1/2 and. the West 1/2 of the said NORTHEAST 1/4 of the SOUTHWEST 1/4 of the NORTHEAST 1/4, Section 23, Township 49 South, Range 25 East, excepting the North 305 feet thereof. Mandalay Place RZ-2005-AR-7825 Exhibit "An MANDALA Y PLACE REZONE RZ-2005-AR-7825 CONDITIONS OF APPROVAL ]. Prior to the issuance of the first Certificate of Occupancy, the developer shall provide a Type B buffer along the northern and eastern property perimeter boundaries that contains trees that are a minimum of 14 feet high at time of planting. The trees must be set at 25 feet on center. Along the northern boundary, all required trees must be oak trees. 2. Principal and accessory structures abutting the Hawksridge shared property boundary shall be limited to a maximum height of 25 feet, and the structures shall be limited to a maximum of two stories. 3. Prior to the issuance of a Certificate of Occupancy, the developer, or its successors and assigns, shall pay to the Collier County Affordable housing Trust Fund the sum of $1,000 for each residential unit. The payment of this sum set forth shall reflect a credit to the projcct's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. 4. Accessory structure setbacks shall be the same as the principal structure setback. Note: The conditions listed above are only applicable to that portion of Mandalay Place that is described in the legal description for this rezone petition. Revised J 2/1105 Conditions of Approval Exhibit B RZ-200S-AR-782S 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 and correct copy of: ORDINANCE 2006-02 Which was adopted by the Board of County Commissioners on the 24th day of January, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of January, 2006. DWIGHT E. BROCK \~ 1" Clerk of Courts and'.'Clerk Ex-officio to B().',q:-d of ./~ County Commissi~hers _, ~.Q'~I,J)e ~J) Heidi R. Rh~khvid'(/ Deputy Clerk'o.