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Ordinance 96-45!i''\\ORDINANCE NO. 96- 45 i "' 'j'~!~:~ ~ AN ORDINANCE AMENDING ORDINANCE NUMBER  ~ - ~C.~ 91-102, THE COLLIER COUNTY LAND THE~ c . DEVELOPMENT CODE WHICH ESTABLISHED \, COMPREHENSIVE ZONING REGULATIONS FOR T~E ~.~ ~c~..// UNINCORPORATED AREA OF COLLIER COUNTY,_~ ~"~gL~' FLORIDA, BY AMENDING THE OFFICIAL ZONING --'- '~ ATLAS MAP NUMBER 8522N BY CHANGING THE ~ r,, FT'r ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED AT TAMIAMI ~ ._~ r~ TRAIL NORTH (U.S. 41) AND RIVER COURT ~N ~_- SECTION 22, TOWNSHIP 48 SOUTH, RANGE 23 c,. EAST, COLLIER COUNTY, FLORIDA, FROM R TO R FOR A 93 ROOM HOTEL WITH SHOPS, RESTAURANT AND POOL; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Thomas E. Killen of Thomas Killen, Architect, representing South West Hotels Corporation, 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, in accordance with the South West Hotels Master Plan attached hereto as Exhibit "B", and located in Section 22, Township 48 South, Range 25 East, Collier County, Florida, is changed from RT to RT and the Official Zoning Atlas Map Number 8522N, 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: a. The maximum height of buildings shall be limited to three (3) stories. b. The maximum height of exterior lighting fixtures shall be 15 feet and shall be constructed and located in a manner so that no light is directed toward any residentially zoned properties. c. All recreational facilities shall be located along the site's northwest property boundary. -1- d. A fifteen (15) foot landscape buffer and a six (6) foot high opaque hedge shall be provided along the east and south property lines in accordance with Section 2.4.7.4, Alternative B, of the Collier County Land Development Code. e. Red mangrove seedlings shall be planted along canal banks and in the riprap area prior to issuance of the first certificate of occupancy. These plantings shall be included in the landscaping plan. f. Detailed water management plans and calculations signed and sealed by a Florida Professional Engineer shall be provided. g. In accordance with the rules of SFWMD Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. h. The developer shall provide a northbound right turn lane on U.S. 41 at the project entrance, prior to issuance of the first certificate of occupancy. i. The developer shall provide arterial level street lighting at the project entrance and exit when required by Collier County. j. It is anticipated that additional right-of-way will be required for the future widening of U.S. 41. It shall be the petitioner's responsibility to ascertain this fact from the Florida Department of Transportation and make arrangements for donation of right-of-way, if needed, prior to site development plan approval. k. A median cut for the subject property is prohibited. 1. Existing boat docks and ramps are to be removed from the site prior to issuance of the first certificate of occupancy. Also additional boat docks or boat ramps are prohibited on the property or waterways abutting the site. m. The proposed restaurant shall be open for business between the hours of 6:00 A.M. and 11:00 P.M. n. Access to River Court is prohibited. o. Dumpsters located on site shall be located near the loading zone adjacent to the proposed restaurant. p. The proposed two story conference room located at the eastern end of the hotel shall be used for business meetings and conferences. It shall not be used as an entertainment facility, restaurant or ballroom. q. There shall be no outdoor entertainment, live music or broadcast on site. r. The petitioner shall save and retain native vegetation on site. s. The roof of the proposed hotel/motel shall consist of a mansard style roof and/or parapet wall. t. The maximum building height shall not exceed 38 feet above the required finished floor elevation. -2- 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 ~J day of ~/~/ , 1996. BOARD OF COUNTY COMMISSIONERS COLLIER TY ~//~/j. DA . ,i. ' , . , AI~ .,F:' ~TT~'ST: , ~ .'.:' :. ' ~'~ ~': '~ ~ x, fl/- ...,,,,;,]. .. SUFFICIENCY ~RJ~IE H. STUDgNT ASSISTANT CO~TY A~O~EY R-96-6 REZONE ORDIN~CE/17019 Th}s ordl~ fired with and ccknow~t of that filin ~r<~iv~d this ~' ~,~t~ -3- ATTACHMENT COLLIER COUNTY APPLICATION FOR STANDARD REZONE. LEGAL DESCRIPTION: Lots 18 and 19, and the South 8.9 feet of Lot 17, Palm River Shores, according to the plat thereof, recorded in Plat Book 3, Page 27 of the Public Records of Collier County, Florida. AND STRAP # 482522-036.000, further described as lying in Section 22, Township 48 South, Range 25 East, Begin~{ing at the Northwest corner of Lot, Palm River Shores, thence run East 113.27 feet, thence run North 71 East 313.27 feet, thence run Southeasterly along the waterway 218.5 feet, thence run Southwesterly along arc of curve 173.82 feet, thence run South 86 West 287.24 feet, thence run West 100 feet to the East line of U.S. 41, thence run North 265 feet to Point of Beginning, as recorded in Official Record Book 1431, Page 1534. 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. 96-45 Which was adopted by the Board of County Commissioners on the 23rd day of July, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of July, 1996. DWIGHT E. BROCK .... Clerk of Courts and Cle~ .. Ex-officio to Board of~ ~sione s By: Mar en Kenyon u e ....' Deputy Clerk