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Ordinance 93-11 ORDINANCE NO. 93- 11 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-~02 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 0629N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE SOUTH SIDE OF U.S. 41~ APPROXIMATELY ONE AND ONE-HALF (1~) MILES SOUTHEAST OF THE INTERSECTION OF U.S. 41 AND RATTLESNAKE ~MMOCK ROAD IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" TO C-4 FOR GENERAL COM/~ERCIAL USES~ PROVIDING FOR STAFF AND PLANNING COMMISSION STiPUI~TIONS~ AND BY PROVIDING AN EFFECTIVE DATE. .... WHEREAS, McAnly, Asher and Associates, P.A., representing Commonwealth Management & Development Cor~., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property~ NOW, T~EREFORE~BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The Zoning Classification of the herein described real property located in Section 29, Township 50 South, Range 26 East, Collier County, Florida, is changed from "A" to C-4 and the Official Zoning Atlas Map Number 0629N, as described fn Ordinance 91-102, the Collier County Land Development Code hereby amended accordingly: Exhibit "A" be and the same for which the rezone is hereby approved subject to the following conditions: Exhibit "B" This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. . · /I I PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, .Florida, this ~ day of , 1993. ~ ~.~ '~.7 7~,, BOARD OF COUNTY COMMISSIONERS ATTEST = / ~. f · , BURT ASSISTANT 'COUNTY ATTOI~EY · R-92-8 REZON~ ORDINANCE ~ls ~ocknowledgernent f that .. .'~. :.,,=. ', -2- LEC AL DESCP,/P TION All that part of Section 29, Townsh:s 50 %.,,th, ',~,ange i26 East, descf;bed I as folio ws; ~ I Commencing at the ,Tertheaster.'vmost corner cf ~lock '~," of ~vtyrt'e Cc/e Acres Unit I, according to tSe P/at thereof cs r'ecorded' :>, P/aS 6oo,~ .~, Page ,38, '.Public Records of C¢i".,er Cc,..'nty, F,'or,'da;' thenc'~ o/cng t.~e southwes(erly righ t-cf-way h;-,e cf d.$. 41, ('To,'n.,i~mi Tra::'~ /'1,39~4 'O0"w 547. 15 feet to the northeasterl.>.mc, st corner of that ,'and as described ~,~ O.R. 679, Page 172 and the POINT OF BEGINHi.."¢¢ of the parcel herein described; thence along the northerly line of said land, $50'55'00"W 300.00 feet; thence continue along said line, NB9'JS'OO"W ,345.21 feet tc the approximate center!ina of an existing drainage canal, (approximate.~Y I 40' wide); thence along the centerfine of said cona,', _NJS'17'25"E 55i.30 · feet to the southwesterly right-of-wa? line of said ,S.S. 41 (Tamiami Trail); thence along said right-cf-~,,'a:/' line, s3g'o4'o,?'E J4Z37 feet to the Point of Beginning of the parcel herein described; being port of Section 29, Township 50 South, I-Tonga 26 East, Co.,'iier Countj,; .~-Ior,'da; subject to easements and restWctions of record; co.-ta;ning 3.02 more or less. I, Dwight Nadeau of McAnly, Asher and Associates, P.A., as authorized agent for Petition R-92-8, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on January 21, 1993. PLANNING= a. The County reserves the right to require the applicant to submit an additional Traffic Impact Statement should the site be developed by land uses other than retail commercial or a sit-down restaurant. b. The subject site is approved for the full range of C-4 uses except for fast food restaurants and automobile service stations. ENGINEERING= a. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Unified Land Development Code, Division 3.2. b. An Excavation Permit may be required in accordance with Division 3.5 of Collier County Ordinance No. 91-102 and SFWMD rules. c. Work within U.S. 41 right-of-way shall meet the requirements of the Florida Department of Transportation. UTILITIES: a. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and reg~lations. b. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. WATER MANAGEMENT: a. The ultimate width of the drainage easement along the E×HIBIT "B" northwest property line, as indicated by the Collier County Water Management Department, may be as much as eighty (80) feet, There currently exists a twenty (20) foot easement on the property, This easement width will have to be increased with the .final width to be determined with the final design of this project and the proposed Lely' Lakes, The petitioner is therefore put on notice that additional lands will be required to be dedicated as a drainage/access easement during the site development phase of this project. The petitioner should coordinate their design with Project Plan .Review and the Collier County Water Management Department. ENVIRO.N~ENTAL: a, Petitioner shall retain a minimum of 0.5 acres of existing native habitat on site. The retained natural canopy understory and groundcover shall he maintained in perpetuity, Flexibility in the retainment/preserve areas may be allowed if during the site development plan/construction plan reviews such flexibility is necessary to accommodate both preservation of habitat and project design. b. Tree surveys shall be required for all subsequent final construction plans and or site development plans submitted to the County for approval. TRANSPORTATION: a. This applicant will need Florida Department of Transportation permits for his driveway access points and connections to US 41, -2- STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement Sheet was acknowledged before me personally kno~ to me 6r--~rr~tu~ed ' ae--~f-ien and who e (did not) take an oath. NOTARY PUBLIC Co~ission ~ ~ ~/g~ 7~ My Co~ission Expires: REP~ " STATE OF FLORIDA COUNTY OF COLLIER The fore oing Agreement Sheet was acknowledged before me this day of ~ ~ , 1993 by F~/J. 7~fo~Arl.3'/~ , who is personally knowX to me or -Jhc~ha~ ~'~duc~d " ~ ta~-~[~n and who 8 (did not) take an oath. ,oo ..0593'89 R-9~-8 AGR~--]~IENT nb/8790 -3- 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. 93-11 which was adopted by the Board of County Commissioners on the 23rd d~y of February, 1993, during 'Regular. Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this day of March, 1993. DWIGHT E. BROCK Clerk of Courts and Cle.=k "· ".., Ex-officio to Board of'~ .:. " Deputy Clerk ,' ~ .., ....,.,;.: