Ordinance 2006-61
ORDINANCE NO. 06 _ 61
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, TO
AMEND THE APPROPRIATE ZONING ATLAS
MAP(S) TO CHANGE THE ZONING
CLASSIFICATION OF THE SUBJECT REAL
PROPERTY LOCATED APPROXIMATELY 3,500
FEET SOUTH OF PINE RIDGE ROAD IN SECTION
18, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, FROM THE
AGRICUL TURAL (A) ZONING DISTRICT TO THE
RESIDENTIAL MULTI-FAMIL Y-6 (RMF-6)
ZONING DISTRICT FOR A PROJECT KNOWN AS
CA YO WHIPPOORWILL AND PROVIDE FOR AN
EFFECTIVE DATE.
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WHEREAS, Gary Butler of Butler Engineering, Inc. and Brian Mansour,
representing SJC Whippoorwill, LLC, petitioned the Board of County Commissioners to
change the zoning classification of the subject real property as part of Petition Number
RZ-2005-AR-8039.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the subject real property described as:
The South % o/the South % o/the Northwest ~ o/the Southeast~,
Section 18, Township 49 South, Range 26 East, Collier County,
Florida
is changed from the Agricultural (A) zoning district to the Residential Multi-Family-6
(RMF-6) zoning district for a project known as Cayo Whippoorwill. The appropriate
zoning atlas map(s), as described in Ordinance 2004-41 as amended, 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 set forth in Exhibit A.
Page 1 of2
SECTION TWO:
This Ordinance shall become effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commiss,i<lll~rs of Collier County, Florida, this /2 day of ~, 2006.
ATTEST: '
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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By:
~~
FRANK HALAS, C A r:r
Approved as to form
and Ie al sufficiency:
Attachment: Exhibit A-Conditions of approval, dated December 19,2006
RZ-2005-AR-8039/KD/sp
Page 2 of2
This ordinance filed with the
Secre~ary of ~'s Office j'he
22- day of . ,~;'2f:::f\<O
and ockncw1ed<Jement of thaI
fijiOS,1 received this ~a dol'
Of~ ~
. ~\.~ ,auQk
D~pv1y CIeri<
CA YO WHIPPOORWILL REZONE
RZ-2005-AR-8039
CONDITIONS OF APPROVAL
1. Prior to the issuance of a Certificate of Occupancy for all units, the developer, or
its successors and assigns, shall pay to the Collier County Affordable housing
Trust Fund the sum of $1,000 for that unit. The payment of this sum set forth
shall reflect a credit to the project's obligations to pay fees that may be adopted in
the future by the County relating to the provision of affordable or workforce
housing.
2. 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 completed relocation shall be provided to
Environmental Services staff at the pre-construction meeting.
3. Certificates of Occupancy shall not be issued until the roadway connection from
Whippoorwill Lane to Livingston Road is fully operational.
4. 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.
Revised: 12/19/06 to incorporate Board conditions
Conditions of Approval 12-19-06 FINALrtf
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. 2006-61
Which was adopted by the Board of County Commissioners on
the 12th day of December 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 19th day
of December 2006.
DWIGHT E. BROCK
Clerk of cour,d3':~~Hid;j;,~~erk
Ex-officio .'t'o~Q,*rd <>'~
County co~m~i~~iOrle~~ ~
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y: Teresa D'J!lll,ar:d t-.,;-.:
Deputy Cl~~'~-