Ordinance 2019-45 ORDINANCE NO. 19- 45
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2006-61, AS
AMENDED, WHICH REZONED THE SUBJECT
PROPERTY TO A RESIDENTIAL MULTI-FAMILY-6
(RMF-6) ZONING DISTRICT WITH CONDITIONS, IN
ORDER TO REMOVE A CONDITION OF APPROVAL
RELATING TO AFFORDABLE HOUSING
CONTRIBUTIONS AND AMEND A CONDITION OF
APPROVAL RELATING TO RESTRICTIONS ON THE
ISSUANCE OF CERTIFICATES OF OCCUPANCY UNTIL
THE ROADWAY CONNECTION FROM WHIPPOORWILL ,
LANE TO LIVINGSTON ROAD IS FULLY
OPERATIONAL, FOR PROPERTY LOCATED
APPROXIMATELY 3,500 FEET SOUTH OF PINE RIDGE
ROAD, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
10+/- ACRES; AND BY PROVIDING AN EFFECTIVE
DATE. [PL20190000479]
WHEREAS, on December 12, 2006, The Board of County Commissioners approved
Ordinance No. 06-61, which rezoned the described real property to a Residential Multi-Family-6
(RMF-6) Zoning District with conditions; and
WHEREAS, 333 Investments Land Trust, represented by Patrick Vanasse of RWA, Inc.,
has petitioned the Board of County Commissioners to amend Ordinance No. 06-61, in order to
remove a condition relating to affordable housing contributions and amend a condition relating
to restrictions on the issuance of Certificates of Occupancy until the roadway connection from
Whippoorwill Lane to Livingston Road is fully operational.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
[19-CPS-01912/1496304/1] Page 1 of2
SECTION ONE:
The conditions enumerated as 1 through 4 in Ordinance No. 06-61, are hereby amended
as shown in Exhibit"A," attached hereto and incorporated by reference.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this‘0"\-\-\ day of -r2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.KINZEL, CLERK COLLIER CO FLORIDA
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c 4'f'.. '" ' a eputy Clerk Wi am L. Mc D a iel, Jr., C man
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Approved to form and legality:
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Sally A. Ashkar
Assistant County Attorney a`\�\ \
Attachments: Exhibit"A"—Amendment to Conditions of Approval
This ordinance filed with the
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and acknowledgeme hat
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[19-CPS-01912/1496304/1] Page 2 of 2
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Exhibit A
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CAYO WHIPPOORWILL REZONE
RZ-2005-AR-8039
CONDITIONS OF APPROVAL
. •- - -- _. - _ . - • • . - _ e _ .. - - - , -- • - -
for that unit. The payment of this sum set forth shall reflect a credit to the project's
provision of affordable or workforce housing.
2,1. Prior to allowing clearing in pine flatwoods (411), the developer must provide a survey
performed by a qualified biologist to Environmental Services staff identifying any listed air
plants. Any air plants so identified must be relocated to the preserve area prior to the pre-
construction meeting. The survey and subsequent relocation shall be subject to review and
approval by Collier County Environmental Services staff. Proof of competed relocation shall
be provided to Environmental Services staff at the pre-construction meeting.
4.2 Certificates of Occupancy shall not be issued until the roadway connection from Whippoorwill
Lane to Livingston Road is fully operational or September 1, 2021, whichever is sooner.
4. 3. The developer, or its successors and assigns, shall pay to Collier County the proportionate
fair share of the Whippoorwill Lane to Livingston Road extension and the Pine Ridge Road
and Whippoorwill Lane signalization costs as those amounts are determined by Collier
County Transportation staff. Payments shall be rendered in accordance with the regulations
in effect at the time or as determined by Collier County Transportation staff.
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Cayo Whippoorwill (PL#: 20190000479) -Revised 9/10/19
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
December 13, 2019
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-45, which was filed in this office on December 13,
2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us