Ordinance 98-007 ORDINANCE NO. 9e-; ;'" fF ~
' Clerk
AN ORDINANCE AMENDING ORDINANCE NUMBER ~ .,. of Boa~
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 0513S BY CHANGING THE ZONING ~ ~--n
CLASSIFICATION OF THE HEREIN DESCRIBED ~
PROPERTY LOCATED IN SECTION 13, TOWNSHIP 50 m ~'
SOUTH RANGE 25 EAST COLLIER COUNTY, ~
FLORIDA, FROM C-3 TO C-3 TO DELETE A <
STIPULATION THAT RESTRICTS COMMERCIAL ~ ~
ACCESS TO OUTER DRIVE FOR LOTS 2-7 AND 81- ~ ~
86, PINELAND-ON-THE-TRAIL; PROVIDING FOR ~ uS
STAFF AND PLANNING COMMISSION STIPULATIONS; c=
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert L. Duane of Hole, Montes & Associates,
representing Adam Fueredi, 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 O~ 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 13,
Township 50 South, Range 25 East, Collier County, Florida, is
changed from C-3 to C-3 and the Official Zoning Atlas Map
Number 0513S, 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:
CURRENT PLANNING
a. The subject properties maintain a 40-foot minimum
setback for structures from the property line along
Outer Drive.
b. The Petitioner shall increase the landscape buffer
and planrings to 20 feet wide along the southern
property line.
TRANSPORTATION
a. Access from US 41 shall be subject to FDOT and County
permitting requirements and access management
considerations. In considering the access management
for these parcels, it is possible that all three
parcels may be required, under FDOT criteria, to
share a single access point. However, in the absence
of any specific proposal for these properties, it
should be stipulated that there be no more than three
access points from US 41 consistent with FDOT and
County criteria.
b. There shall be no direot access to any of these
parcels from Outer Drive. This stipulation is in
keeping with the intent of the GMP and the LDC with
respect to separating commercial and residential use
and access. However, a secondary access from Lots
2-7 and lots 81-86 to Outer Drive shall be permitted
for medical use only. If the medical use of the
property reverts to a commercial use in the future,
the access to Outer Drive shall be converted to an
emergency access only.
c. Arterial level street lighting shall be provided at
all access points at the time said entrance is
constructed.
WATER MANAGEMENT/ENGINEERING
a. Detailed paving, grading, site drainage and utility
plans shall be submitted to Engineering Review
Section for review. No construction permits shall be
issued unless and until approval of the proposed
construction in accordance with the submitted plans
is gra~ted by Engineering Review Section.
b. In accordance with the [jules of the South Florida
Water Management District, (SFWMD) Chapters 40E4 and
40E-40, this project shall be designed for a storm
event of 3-day duration and 25-year return frequency.
c. Design and construction of all improvements shall be
subject to compliance with the appropriate provisions
of the Collier County Land Development Code, Division
3.2.
d. An Excavation Permit will be required for the
proposed lake(s) in accordance with Division 3.5 of
Collier County Land Development Code.
e. Work within Collier County right-of-way shall meet
the requirements of Collier County Right-of-Way
Ordinance No. 93-64.
f. Access into each tract as shown on the conceptual
master plan is informational only. Location and
nuraber is subject to preliminary subdivision plat or
SDP approval.
g. This project is recommended for approval for fezone
purposes only. If required, a preliminary
subdivision plat shall be submitted which complies
with all the design standards of Division 3.2 of the
Collier County Land Development Code (LDC) unless,
in accordance with the LDC specific exceptions to
the design standards are requested and supported by
sound engineering reasoning during its approval
process. Approval of this rezone does not constitute
an approval to any subdivision design standards
contained within the petition or supporting drawings
or exhibits. The zoning petition master plan
submitted shall not be considered to suffice for the
preliminary subdivision plat required pursuant to the
Collier County Land Development Code.
h. If required, the project shall be platted in
accordance with Collier County Land Development Code
to define the right-of-way, tracts, and easements as
shown on the Preliminary Site Development Plan.
i. Detailed water management plans and calculations,
signed and sealed by a Florida Professional Engineer
shall be provided.
j. This project shall be required to meet all County
Ordinances in effect at the time final construction
documents are submitted for development approval.
ENVIRONMENTAL
a. An appropriate portion of native vegetation shall be
retained on site as required in Section 3.9.5.5.4. of
the LDC.
b. An exotic vegetation removal, monitoring and
maintenance (exotic free) plan for the site shall be
submitted to Current Planning Environmental Staff for
review and approval prior to final site plan/
construction plan approval.
SECTION TWO:
This Ordinahce 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 ~2;;C~ day of
~~/ , 1998.
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
"" ' /
"' . ~. BY:
ATTEST: / ~ Bar'~ra B.'Be~ry ~"~hairman
~WIGHT E. BROCk/Clerk
App~&~i,~&\{~ Form and Legal Sufficiency:
.'~S filing rec k'ed
t of~~'c /~
Assistant County Attorney
f/R-97-9 Ordinance
LEGAL' DESCRIPTION
Lots 2 to 7 inclusive and Lots 81 to 86 inclusive, Pineland-On-The-Trail,
according to the plat in Plat Book 3, Page 60, Public Records of Collier
County, Florida.
Exhibit "A"
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. 98-7
Which was adopted by the Board of County Commissioners on the 27th day
of January 1998, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 29th day of January,
1998.
DWIGHT E. BROCK
Clerk of Courts and C~ ....... '.
Ex-officio to Boar ~".., .'
County Commissione~.".-'~.' ..'.,C".. ·
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