Ordinance 99-08 ORDINANCE NO. 99- 8
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 1603N BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
PROPERTY LOCATED ON THE NORTH SIDE OF US-
41, EAST OF SR-951 IN SECTION 3, TOWNSHIP
51 SOUTH RANGE 26 EAST, COLLIER COUNTY
FLORIDA, FROM "A" TO "C-5" FOR A
BUILDING SUPPLY STORE; PROVIDING FOR STAFF
AND PLANNING COMMISSION STIPULATIONS; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Martin D. Pinckney, P.E. of American Engineering
Consultants, representing Mario Curiale, 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 OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
The zoning classification of the real property as more
particularly described by Exhibit "A", attached hereto and
incorporated by reference herein, and located in Section 3,
Township 51 South, Range 26 East, Collier County, Florida, is
changed from ~ A" to ~ C-5" and the Official Zoning Atlas Map
Number 1603N, 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 following conditions:
1. This property can only be used for Cl/T zoning
purposes until the ~ based amendments to the Future
~ Land Use Element of The Growth Management Plan become
legally effective as provided by §163.3189(2)(a) of
the Local Government Comprehensive Land Use Planning
and Land Development Regulation Act.
2. The following uses are hereby authorized:
a. Unless otherwise provided, all permitted
uses in the C-4 general commercial district.
b. Building Materials, Hardware, Garden Center
(Groups 5211-5261).
c. Building Construction - General Construction
and Operative Builders (Groups 1521-1542).
d. Construction - Special Contractors
(Groups 1711, 1793, 1796, 1799).
3. A precast masonry decorative fence six (6) feet
high shall be constructed along the property line
contiguous to the Woodfield Lakes PUD.
4. No buildings or building material storage may
occur within sixty (60) feet of the contiguous
lot line of the Woodfield Lakes PUD.
5. No building or structure shall exceed a height
of twenty-eight (28) feet.
6. The wall of any building or structure adjacent
to the Woodfield Lakes PUD shall be insulated to
inhibit noise emissions to said property.
7. Arterial level street lighting shall be
installed at the project entrance on U.S. 41 as
part of the development of the first phase.
8. The site plan shall be consistent with the
requirements of Ordinance 93-64 with respect to
turn lanes, minimum throat distances and
internal traffic circulation.
9. Substantial competent evidence of the project's
ability to accept, detain and treat historic
surface runoff from the roadway shall be
presented at the time of an application for a
Site Development Plan.
10. Any approval for this project shall not vest
any right to a median opening, now or in the
future, along any project roadway frontage.
Access may be constrained to a right-in/
right-out only.
11. Subsequent approval of a Site Development Plan
shall provide for cross or shared access with
properties to the west of this property so that
shared access is achieved, leading to US 41.
SECTION TWO~
This Ordinance shall become effective upon filing with the
Department of State.
2 ~
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County. Florida, this .~ day of
, 1999.
BOARD OF COUNTY COMMISSIONER
COLLIE TY FLORIDA
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f/R-98-2 REZO~ O~I~C~/ L.-'~,;;:7
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~ -, DEN01~S BASIS OF BEARINGS 7
~- DENOIES SUBJECT AREA
,- DENOTES POINT OF BEGINNING
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· :::::::::::::: TOTAL A.EA: i: i: i: i: i: !::..
· :.:.:.:.:.:.:3,35 ACRES 4- ..........
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UNE OF A COUN~f DRAINAGE CANAL ANO 1HE /
NOR1H RIGHT-OF-WAY UNE OF US 141.
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SKETCH OF LEGAL DESCRIPTION
EXHIBIT ' A °
REZONED PROPERTY, MARIO CURIALE
LEGAL DESCRIPTION
BEING A PARCEL OF LAND THAT IS LYING WITHIN THE NORTH-HALF ( N1/2 ) OF
SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
AND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER ( E 1/4 ) CORNER OF THE ABOVE MENTIONED
SECTION 5; THENCE SOUTH 0 DEGREES 41 MINUTES 49 SECONDS WEST ALONG THE
EAST LINE OF SAID SECTION, A DISTANCE OF 612.54 FEET; THENCE NORTH 89
DEGREES 18 MINUTES 11 SECONDS WEST, A DISTANCE OF 722.24 FEET TO THE
INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF A COUNTY DRAINAGE CANAL
AND THE NORTH RIGHT-OF-WAY LINE OF US//41. ( A.K.A.S.R. 90, TAMIAMI
TRAIL ), A 200 FEET WIDE ROADWAY, THENCE NORTH 54 DEGREES 20 MINUTES
16 SECONDS WEST ALONG SAID NORTH-RIGHT-OF-WAY LINE, A DISTANCE OF
1767.47 FEET TO THE POINT OF BEGINNING; THENCE' CONTINUING NORTH 54
DEGREES 20 MINUTES 16 SECONDS WEST ALONG SAID LINE, A DISTANCE OF
364.96 FEET; THENCE NORTH 35 DEGREES 39 MINUTES 44 SECONDS EAST, A
DISTANCE OF 400.14 FEET; THENCE SOUTH 54 DEGREES 20 MINUTES 16 SECONDS
EAST, A DISTANCE OF 364.96 FEET; THENCE SOUTH 35 DEGREES 39 MINUTES 44
SECONDS WEST, A DISTANCE OF 400.14 FEET TO THE POINT OF BEGINNING;
SAID DESCRIBED TRACT CONTAINING 3.35 ACRES, MORE OR LESS.
BTBEE BEARINGS USED FOR THIS DESCRIPTION. ARE BASED UPON AN ASSUMED
ARING OF NORTH 54 DEGREES 20 MINUTES-.16 SECONDS WEST FOR THE NORTH
RIGHT-OF-WAY LINE OF SAID US//41. "',
(~~~EPARED BY:
T. ALAN NEAL SUc~O~R~ND MAPPER
PROFESSIONAL 0
PREPARED BY FLORIDA CERTIFICATE NO. 4656
AMERICAN ENGINEERING. CONSULT ANTS, INC.
573 BAU) EAQ. E DR. MARCO ISLAND, FL 394-1697 394-7571
~,RLE: 99070903.DWG SHEET 1 OF I JOB No.:9907-09-03
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. 99-8
Which was adopted by the Board of County Commissioners on the
9th day of February, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 10th day of February,
1999.
Clerk of Courts and=Z~.f~.:':~'i'..': "~'~
Ex-officio to Boar4~,~i~.'.~'
Deputy Clerk