Ordinance 92-046 ORDINANCE NO. 92-_ &6
ORDINANCE AMENDING ORDINANCE NUMBER
91-102 THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATION~ FOR THE
UNINCORPORATED AREA OF COLLIER ~UI~£Y,
FLORIDA BY AHENDING THE OFFICIAL ZONING
ATLAS MAP NUMBER 6932S BY CHANGING THE
ZONING CLASSIFICATION OF THE [[EREIN
SIDE OF S.R. 29, APPROXIMATELY 200 FEET
SOUTH OF LAKE TRAFFORD ROAD IN SECTION
32, TOWNSHIP 46 SOLFfH, RANGE 29 EAST, :.~.[.
COLLIER COUNTY, FLORIDA, FROM RSF-3 TO
C-4 FOR GENERAL COMMERCIAL USES;
PROVIDING FOR STAFF AND PLANNING
COMMISSION STIPULATIONS~ AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Neno J. Spagna of Florida Urban Institute, Inc.,
represe.nting Major J. Whisnant and Jeanne Whisnant; Charles B. Plummet,
Jr. and Wesaline A. Plummer~ Kenneth J. Blocker and Barbara J. Blocker~
and, "ThOmas D. Lynn a'nd,Iris R. Lynn, petitioned the Board of County
CommJ.~si~--oners to change the zoning classification of the herein
described real property~
NOW, ~HEREFORE BE.. IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COL~ER"?COUNTY, FLORIDA~
The Zoning Classification of the herein ,described real property
located in Section 32, Township 46 South, Range 29 East, Collier
County, ..Florida, is changed from RSF-3' to C-4 and the Official Zoning
Atlas..Map_~umber 6932S, as described in Ordinance 91-102, the Collier
County Land Development Cods is hereby amended accordingly:
EXHIBIT "A"
be and the same for which the rezone is hereby approved subJeot to the
following conditions:
EXHIBIT
This Ordinance shall become ~Tfective upon receipt of notice from
the Secretary of State that this Ordinance has been filed with the
Secretary of State.
PASSED AND DULY ADOPTED by the Board of County commissioners of
Col'iier County, Florida, this ~ day of ~_~, 1992.
BOARD OF COUNTY COMMISSIONERS
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ASSISTANT COUNTY ATTORNEY
,~tod~, ,ha 4 th '" ' . ~Ia~ of Maly .t.D. 1963;
Bet%cCh ~OH~ E. ~I~ 'and'his w~e, A~E ~RI~, a~, also~
~ok · le ·,
o/ ~he Co~n~ o/ Collier ~ ~ha ,~a o~ ~or~da
par~ies o/ Ihs second p~t.
Witnessetlh that ~h, ,~i~ parties of the ~ra~ part, fO~ a~ ~ con~e~atlo~
to them ~ h.~d pc~ by the ~a~ par~iea of ~he ~eo~ par~. the eeceipZ
whcreo/ is hcrcb~ ack~owled~ed. ~ve ~ront~, b~r~a(~eM and sold ~o the
the /ollowin~ described la~, ~lt~te, lffln~ a~ being tn tAe County of
Collier . E~te of Flor~a,
.Beg~l~ at the Nattiest ooraer of t~ ~ of the ~ o~
Section ~2, Tek, hip ~6 ~th, ~e ~9 ~ast, ~n t~nce West 100
feet, ~n thence ~th ~0 fast, alon~ the West sl~ of State ~oad
No. 29, to the Poi~t of'Be~lnni~ of t~ tract ~rein conveyed~
~un thence S~th alon~ the West aide of ~tate ~a4 NO. 29 a distance
of ~00 feet to a point, ~ thence Wear 210 feet to
t~nce North 200 feet to a pol~t~ ~n thence' East 210 feet to
~cint of Benignly. Containing one acre, more or less, ............. ..
..... .... : ' ~,.~.,
.....
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~l the ~ par~ea o/ the ~r~ par~ do hereb~ [~F ~rant the tlg~ to ~aid
In Witn~s Whereoh ~h, ,~ ~rt ~.i of
.st the'ir ~ s ~ teals t~ da~ a~ ~r~bov~
5t~ed, Sealed and Deli,er<,l ~ Our Preens: [ / .-"N
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State of ~orida,
~um~ el CO~
I HEREBY CERTI~, TAa~ on th~ day perto~mlly
~ dul~ out~Hzad tb =d.daitt~e ~th~ and tak~
JO~ E. ~1I~ a~ his wtf~ AL~ ~I~
to .ts w~l[ known and knorvn to ma t. be the lndl~d~a~ dexcribed In a,.l ~.1.,
e,rec~led the fnra~ol.~ deed, a.d they ockno./led~d be/or~ .la th,4t
WITHES my ha~ul n.d official ~eal a~ ~k~le~
Co..,,t~ of Collier .. .......... and .Stale of Florida, this
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.... ~I~IT
LFJI~YEF:S' ABSTRACT ."-..ZJC.. , TEL No. ~13 77d O',F,~, tt.:.u 21.':,1 13:15 ~-"..,_,"'"
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~S B, ~, ~, a~ h~l.~ A, ~ hm~ and
P.O. ~ 309 - l~lee
''" 'Ii -- SSt of ,.o,t.n ~. ,.,.,t, ,6 S..,,.
~. Coa~ I ~ l/) morea more or
ieee. l~o ~ Ooll~er Court,F. Florida.
~tto~. easements and ao~ ordt~nceo of ~'
.~nJ t4~ ;d~ ~d,r ~el ~ t4~ ~t;t ~d~f ~0 el .
~ ~. ~~___1 t.c. ~J~
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d~t~O,~ to ~minfiter Mt~t ~n~ te~e
~.;~ IArfe~n ~t~telJr~.
(:,,,,r~ ~ Collier ,n. 5rfte ~t ~lortdl . :~,; 2Sth
054... 05 '
',, ¢101~93
~ 0008?6
,--.k.~... no.u. m~ OR BOOK PAGE
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~.oo '~ ~ - 0J~ 879 Pt; !622
'I~OHA~ L.
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~*~klOOl ~. l~ Street, ~kalee, Florida 33934
~ ...............................
recorded ia Plat ~k 3, Page 39, ~lic ~rds og
75 ~ee~ og ~e said
~ ZO 2 ~3 PX'SO
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051-- 07
O.R. 854 P~ 11;59
~ D. L~ ~ IRIS R. L~, hus~ a~ vile,
l~0] ~e Trafford Road, Z~kAlee, Florida
~ts l~, 17 a~ the North 7~.00 ~eet of ~t 18, Pltm
Estates, accord~nq tO plat in Plat ~k 3, Page 39,
P~liC. ~cords of Collier Co~ty, Florida.
wl~ ~ll ~r~nte t~reon.
SU~ TO eas~nte, restrictions and reme~ations of
feco~d ~d to t~es for the ~rren~ yelr.
W~Et ~e residence of the Grantor Is In Grove,
Oklah~.
: 4: I ~ 3 r '. N~y PUB~ZC
1400-A Fifteenth Street North
4dd~ '" .......... " l~ka lee, Florida 33934
054. 08
AGREEMENT
I, Neno J. Spagna of Florida Urban Institute, Inc., as
authorized agent for Petition R-92-3, agree to the following
stipulations requested by the Collier County Planning
Commission in their public hearing on June 18, 1992.
a. _ The approval of this petition shall not exempt the
individual property owners from any of the C-4 District
Dimensional Standards.
b. Access points to S.R. 29 shall be limited to one (1) per
440 feet measured from the south right-of-way line of Lake
Trafford Road. If the 440 foot access requirement fall
within 50 feet of an existing road, whether on the same or
opposite road frontage, the access shall align with the
existing road. Those areas that do not meet the 440 foot
spacing requirement shall provide access off existing?
adjacent roadways and shall not be permitted access to
c. The property owners shall make provisions for ehared
parking arrangements through the establishment of
easements with adjoining developments in the event the
property is developed by more than one person, firm or
entity.
d.Buildings shall have a maximum height of twenty-five (25)
feet plus ten (10) feet for under building parking.
e. Central water and sewer facilities shall be available
prior to development of this petition.
Water Manaaement / Enaineerin~:
a. 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.
This project may have to be platted depending upon
developer intent and/or site design.
b. Work within Collier County right-of-way shall meet the
requirements of Collier County right-of-way Ordinance
82-91. Work within S.R. 29 right-of-way shall meet the
requirements of the Florida Department of Transportation.
EXHIBIT "B"
-1-
c. This project shall be required to meet all County
Ordinances in effect at the time final construction
documents are submitted for development approval.
d. Detailed water management plans and calculations, signed
and sealed by a Florida Registered Professional Engineer
shall be provided.
e. In accordance with the rules of the South Florida Water
Management District, Chapters 40E4 and 40E-40, this
project shall be designed for a storm event of 3-day
duration and a 25-year return frequency.
f. This project is recommended for approval for rezone
purposes only. 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 Collier County
Land Development Code.
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 regulations.
Environmental:
a. Petitioner shall make every effort to retain the Ficus
trees, Royal Palms, Live Oak, and Slash Pines on site.
The Royal Palms and Live Oaks shall be transplanted on
site if retention on site is not feasible.
Transportation:
a. If access is aquired from Laurel, Palm, and/or Eighth
Streets, then those streets shall be brought up to
collector standards, at a minimum. Any improvements shall
include appropriate turn lanes and compensating
right-of-way on S.R. 29 as well as Laurel, Palm, and 8th
Streets. All improvements shall be in accordance with
Ordinance 82-91, as amended, and shall be in place prior
to the issuance of any certificates of occupancy.
b. Ail project accesses shall have arterial level street
lighting supplied at the developers expense.
c. If a signal is warranted at any project access in the
future, such signal and its associated improvements, shall
be prorated to the developer at a fare share bases. Turn
lanes, bike paths/ sidewalks, signing, striping, etc.
shall be at the sole expense of the developer. All
signals shall become the property of Collier County which
shall be responsible for operation and maintenance
thereof.
d. Right-of-way commitments are to meet Uniform Land
Development Code specifications on 8th Avenue, S.R. 29,
Palm Avenue and Laurel Street. Right-of-way shall be
dedicated in the form required by Collier County within 90
- days of PSP/SDP approvals at the County's descretion;
failure to meet this donation requirement shall nullify
any previous land-use approval.
e. Road improvements to be undertaken shall be as follows:
i. Palm Avenue: Shall be built to Urban Road standards
along the section between S.R. 29 and
Laurel Street.
Access is subject to the provision of
turn lanes by the developer with access
no closer than 350 feet from S.R. 29
right-of-way.
ii. 8th Avenue: Shall be built to Urban Road standards
along the section between S.R. 29 and
Laurel Street.
Access is subject to the provision of
turn lanes by the developer with access
no closer than 200 feet from S.R. 29
right-of-way.
iii. S.R. 29: There shall be no access onto parcels
from S.R. 29 except as mentioned in
stipulation "b" under Planning.
f. The developer shall provide sidewalks/bike paths along the
project frontages on Palm Avenue, 8th Avenue, Laurel
Street, and S.R. 29.
g. The minimum sight distance setback triangle shall be in
accordance with the Collier County Land Development Code.
h. The minimum throat length shall be in accordance with the
Collier County standards.
-3-
i. The road impact fee shall be as set forth in Ordina~ce
85-55, as amended, and shall be paid when building
are issued unless otherwise approved by the Board of
County Commissioners.
j. All improvements are considered site specific and
therefore shall not be subject to impact fee credits and
shall be in place before any certificates of occupancy
are issued.
State of Florida
county of collier
, _~he foregoing_Agreement Sheet was a~knowledged before me this
~Uay of ~ , 1992 by ~ ~Jn46~ , who Is
personally kno~O me ~uca~ __ ~ --
es~~~n and who '~(~) take an oath.
~lgnature of No~a~ ~blic)
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....' ........
.....'.'-~'~ ~'-"...'~ '. '(P~inC Name of No~a~ ~blic)
"': "' ':' ~ ~' ' ' Serial/Co~ission t~gT~F '
: _.~. -~ %~. N~Y PUBLIC
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State of Florida
County of Collier ,;.~
he foregoin~Agreement Sheet was acknowledged before me this
~' day of ~ ~ , 1992 by~ ~.~m ~ , who ~l '
personally known to me ~~u~d '
a~ identification and who ~(di~not) take an oath. "
. '"' ................... (~gna~ure of Notary
'""' "s F~D """' ~'J'::' ~ ~ ~.
'.",:";"'~ ~l'".?~
~ '/ .c , '-. ~. '~ (Pr~nC Name of No~a~ ~bl~c)
: '...~ ~,~ l. i'., ~-' · NOT~Y P~LIC
.~ . .. ~. , - ...',~.( Sertal/Co~tsston f~/~g7~ ~
' ' "." ' - · My Co~ission ~ires:
................. ~m~m.~
-t
STATE OF FLORIDA
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
h.e..rebY certAfy that the foregoing ~e & true copy of:
Ordinance No. 92-46
which was adopted by the Board of County Commissioners on
the 21st day of July, ~992, during Regular Session. :
NITNESS my hand and the official seal of the Board of
County Co~u~issioners of Collier County, Florida, this 23rd
day of July, 1992. ~.~--