Ordinance 99-34 ORDINANCE NO. 99- 34
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 8509S BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED PROPERTY LOCATED ON THE
EAST SIDE OF U.S. 41 NORTH, NORTH OF THE
INTERSECTION OF U.S. 41 AND OLD U.S. 41, IN
SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, FROM "A" RURAL
AGRICULTURE TO "C~4" GENERAL COMMERCIAL FOR
USES PERMITTED IN THE C-4 ZONING DISTRICT;
PROVIDING FOR STAFF AND PLANNING COMMISSION
STIPULATIONS; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, D. Wayne Arnold, AICP of Wilson, Miller, Barton & P~ I1~,
representing M.J. Zuidema, Trustee for Land Trust #500967, petitioned the Board if'~o
Commissioners to change the zoning classification of the herein described real prop~i r,o
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF ~~
COMMISSIONERS OF COLLIER COUNTY, FLORIDA: ~ ~ c~
SECTION ONE: ~ cn
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 9, Township
48 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agriculture to
"C-4" General Commercial and the Official Zoning Atlas Map Number 85095, 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 conditions as described by Exhibit "B".
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/.//';d:~ day of "~ ~ , 1999. ·
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Attest as to Chatrman'S
s t gnature on 13 · BY:
P 'lVlX~'[_IE, dH/C]R~'MAN
A T:
DWIGHT E. BROCK~.CLERK
.... ~: .....
APPR0VED,A.S TO FOR~ ~ LEG~ SUFFICIENCY
M'~~M. STUDENT
ASSISTANT COUNTY ATTORNEY
g/admin/sue/R-99-02/ORDINANCFJ
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Exhibit A R-99-02
LEGAL DESCRIPTION"
THAT PORTION OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2
OF SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER ~OUNTY,
FLORIDA, LYING EAST OF U.S. HIGHWAY NO.41 (:FLORIDA STATE ROAD NO.45),
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; .
- BEGIN AT THE SOUTHEAST CORNER OF SECTION 9, TOWNSHIP 48 _~SC~_.H,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88'0~"
W., ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID~CTi~N
9, FOR A DISTANCE OF 444.26 FEET TO A POINT ON THE EASTERL~IGFI~-
OF-WAY LINE OF U.S. HIGHWAY NO.41 (S.R. NO. 45), A 200.00 F0~RI(~T
OF-WAY; THENCE RUN N. 16'11'03" W., ALONG SAID EASTERLY RIGI~'~iOF~;.
WAY UNE, FOR A DISTANCE OF 379.16 FEET TO THE BEGINNING OF'm~,
TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE
· . EAST; THENCE R'
ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND ALONG THE ARC _ .SA~
CURVE TO THE RIGHT, LHAVING A RADIUS OF 5629.58 FEET, THROU(i~P'~,A cn
CENTRAL ANGLE OF 03;05'56", SUBTENDED BY A CHORD OF 501.17 FEET
AT A BEARING OF N. 14'59'07" W., FOR A DISTANCE OF 301.21 FEET
TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH
HALF OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE RUN N. 88'17'51" E.,
ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE
SOUTHEAST 1/4 OF SAID SECTION 9, FOR A DISTANCE OF 590.70 FEET
'[O A POINT ON THE EAST LINE OF THE SOUIHEAST 1/4 OF SAID SECTION 9;
THENCE RUN S. 05'04'55" E., ALONG THE EAST LINE OF THE SOUTHEAST
I/4 OF SAID SECTION 9, FOR A D~STANCE OF 659.23 FEET TO THE
POINT OF BEGINNING; CONTAINING 7.884 ACRES, MORE OR LESS.
BEARINGS RE'FER TO THE SOUTH L!!'IE OF THE SOUTHEAST QUARTER OF
SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAS'r, COLLIER COUN~.Y,
FLOR!DA AS' BEING S. 88'05'34" V~.
SUBJECT TO EASEMENTS, RESERVATION OR RESTRICTION OF t~.ECORD.
NOT VALID W~THOU~, THE SIGNATURE ANO ORIGINAL RAISED SEA,, OF
FLORIDA LICENSE SURVEYOR AND MAPPER.
CERTIFIED TO: ZUiDEMA CONSTRUCTION CO., INC.
,.".:,
~-25
I HEREBY CERTIF. Y THAT THIS SKETCH OF THE HEREON DESCRIBED
- PROPERTY WAS SURVEYED UNDER MY DIRECTION ON 09/26/96. I
FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL
STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA PURSUANT
TO CHAPTER 61G17-6, F.A.C.
HOLE, MONTES & ASSOCIATES, INC.
CERTIFICATION OF AUTHORIZATION L8#1772 "~ ""~ ..... "-.
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THOMAS J. OARRIS ~ ':.'~S~..].~/_6~,."FL. rO~[~_~A
Exhibit B R-99-2
1. Should the property be developed for a use other than a maximum of a 100,000 gross
square foot shopping center, as defined by the Land Development Code, the developer
shall be required to submit a revised Traffic Impact Statement (TIS) to the Transportation
Services Department for their review and approval prior to final plat or site plan
approval, whichever occurs first.
2. Prior to the issuance of a certificate of occupancy, the petitioner shall pay all required
Road Impact Fees in accordance with Ordinance 92-22.
3. The developer shall be required to obtain a Roadway Connection Permit from the Florida
Department of Transportation (FDOT) prior to the construction of the proj ect's entrance.
4. The developer shall be responsible for the construction of turn lanes at the project
entrance as may be required by the FDOT. All required turn lanes shall be in place prior
to the issuance of any Certificates of Occupancy for the developments. These
improvements are site related, and therefore, shall not be eligible for credit toward any
road impact fees required by the Collier County Road Impact Fee Ordinance, No. 92-22,
as may be amended.
5. The property owner shall maintain a 100 foot building setback from the current southern
property line, of which the County reserves the right to acquire up to 90 feet of the
setback area for the future construction of the East/West Livingston Road project. The
County's cost of acquisition shall be based on the fair market value of the land conveyed
to the County as of the date immediately preceding the effective date of the initial rezone
action which required the 90 foot future right-of-way reservation, plus the costs of any
improvements within the building setback area which must be removed or relocated. The
owner may accept the County's appraisal figure, or may elect, at his own cost and
expense, to have an appraiser he selects to appraise the fair market value. If the owner
and the County are unable to agree upon the fair market value and the costs to be paid for
the removal and/or relocation of improvements, the parties may agree upon a third
appraiser, the costs of which shall be shared equally, to determine the fair market value
and costs of removed or relocated improvements, or the County may proceed to institute
an action in eminent domain. No portion of the owner's property or improvements
thereon, including structures outside the building setback area, shall be deemed to be
non-conforming as a result of the County's acquisition of the right-of-way.
6. In accordance with Section 3.9.5.5.4. of the Collier County Land Development Code,
~" fifteen (15) percent of the existing native vegetation by area shall be preserved on site or
' that area shall be re-created on site in all three (3) strata, with larger plan material as
required by Section 3.9.5.5.4.
7. A Gopher tortoise survey shall be submitted to the Planning Services Environmental
review section for their review and approval at the time of the first development order
submittal.
8. The maximum allowable building height shall be seventy-five (75) feet for office buildings and
fifty (50) feet for all other buildings, unless further restricted by the Land Development Code at
the time of Site Development Plan approval.
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. 99-34
Which was adopted by the Board of County Commissioners on the
llth day of May, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 13th day of May, 1999.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners .~',~," "
By: Ellie Hoffman,
Deputy Clerk