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Ordinance 91-098 ~/82-2 ~S COMPREHENSIVE ZONING REGU~TIONS ~.~0Z~ COU~Y, F~RIDA BY ~ENDING THE OFFICIAL ZONING AT~ ~P ~BER 8525N BY C~GING THE ZONING C~SSIFICATION OF THE HEREIN DESCRIBED PROPERTY ~CATED ON THE SOUTH SIDE OF NAPLES-I~O~LEE ROAD (CR-846) APPROXI~TELY 562 FEET EAST OF AIRPORT-PULLING ROAD (CR-31) IN SECTION 25, TO'SHIP 48 SOUTH, ~NGE 25 EAST, COLLIER COUNTY, F~RIDA, FROM RSF-1, A-2' ~D A-2"ST" TO C-4; PROVIDING FOR STAFF ~;D P~NING CO~ISSION STIPU~TIONS; ~D BY PROVIDING ~ EFFE~IVE DATE. WHEREAS, Kathleen C. Passidomo of Harter, Secrest & Emery, representing Wal-Mart Stores, Inc., 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: ~ The Zoning Classification of the herein described real property located in Section 25, Township 48 South, Range 25 East, Collier County, Florida, is changed from RSF-1, A-2 and A-2"ST" to C-4 and the Official Zoning Atlas Map Number 8525N, as described in Ordinance 82-2, is hereby amended accordingly: be'and the same for which the rezone is hereby approved subject to the following conditions: SECTION TWQ; 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 22nd day of October , 1991. BOARD OF COUNTY COMMISSIONERS · ~'. . COLLIER COUNTY FLORIDA. ATTEST :- ~. BY: JAMES C. GILES,. ' CL]~RK PATRIC~[A ANNE GOODNIGHT, ~HAIRMAN APP~O,..VED AS TO FORM AND LEGAL SUFFICIENCY F~kRJ~E ~. 'STUDENT ASSISTANT COUNTY ATTORNEY R-91-9 REZONE ORDINANCE rkb/6216. This ordinance flied with the : Sec,etary of S~;Ite's Office the. ond ocknowfedgement, of that : fillr]~ rec~tved ~day of · ,/ EXHIBIT "A" ' A portion of the East half of the Northwest quarter of t~e Northwest quarter of Section 25, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Begin at the Northeast corner of Four Seasons Unit 2, as recorded in Plat Book 12, Page 6 of the Public Records of said County; thence S. 89"-56'-16" W., 664.34 feet along the North boundary of said Four Seasons Unit 2 to the Southwest corner of the East half of the Northwest quarter of the Northwest quarter of said Section 25; thence N. 00"-52'-15" W., 450.04 feet along the West boundary of said East half of the Northwest quarter of the Northwest quarter; thence N. 89"-56'-16" E., 663.52 feet, parallel with and 450.00 feet North of the North boundary of said Four Seasons Unit 2, to the West boundary of Four Seasons, as recorded in Plat Book 10, Pages 95-97 of the Public Records of said County; thence S. 000-58'-30" E., 450.06 feet along said West boundary to the point of beginning. · Containing 6.859 acres more or less. I, Kathleen C. Passidomo, as aut~orized agent for Petition R-91-9, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on September 19, 1991. PLANNING: a. Any site plan deviation from the approved Preliminary Site Development Plan (SDP-91-84) dated July 26, 1991, may require BCC approval. b. The rezoning of this landlocked parcel is granted on the basis that it attaches to and becomes an integral part of the 15.5 acre parcel to the west and that it shall be used for stormwater retention purposes only. The stipulations herein contained and those attached to SDP-91-84 are hereby deemed to be applicable to the combined parcels as described above. c. The petitioner shall provide a six foot (6') high fence, along the entire south side of the property. d. The petitioner shall provide two vehicular lanes in, and two vehicular lanes out, separated by a landscaped medium at the two main entrances to the project. ENGINEERING: a. The developer and all subsequent petitioners are hereby placed on notice that they shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site. This includes, but is not limited to, Subdivision Master Plans, Site Development Plans and any other application that will result in the issuance of a final or final local development order. ENVIRONMENTAL: a. The applicant must retain at least five (5) acres of native vegetation, including both the understory and groundcover, within the off-site stormwater detention area, unless the Project Review Services - Engineering Staff or the South Florida Water Management district EXHIBIT "B" --1-- (SFWMD) Staff requires otherwise. Flexibility in the acreage of vegetation to be retained in the off-site stormwater detention area shall be considered in order to accommodate gopher tortoise preserve areas and/or relocation plans that may be required and reviewed by Florida Game and Fresh Water Fish Commission (FGFWFC). b. Applicant must submit an approval from the Florida Game And Freshwater Fish Commission (FGFWFC) for gopher tortoise preserve areas and relocation plans prior to Final Site Development Plan approval. Approval results 'shall determine if the design of the buildings, associated structures and infrastructure shall be adjusted to comply with the requirements of the FGFWFC. C. Design of the building, associated structures and infrastructure shall not impact the Collier County Jurisdictional Wetlands located within the off-site stormwater detention area, unless all other non-impacting designs would prohibit development of the minimum allowable use of the zoning district or render the project unpermitable by Local, State of Federal agencies. d. Proposed wetland impacts to Collier County Jurisdictional Wetlands located west of Bryans Road, shall be subject to Project Review Services - Environmental Staff approval. Ail proposed mitigation of impact to Collier County Jurisdictional Wetlands shall comply with Appendix 7 of the South Florida Water Management District rules. Proposed wetland mitigation shall first be considered on site and contiguous to the wetlands located within the off-site stormwater detention area. e. Wetlands and those areas proposed as mitigation and preserve areas shall be field verified and approved by Project Review Services - Environmental Staff, prior to Final Site Development Plan (SDP) approval. Prior to final SDP approval, the approved mitigation and preserve areas must be surveyed and recorded as conservation easement(s) as per the uses and limitations of Chapter 704.06 of Florida Statutes. Said conservation easement(s) must be recorded in the public records of Collier County prior to final SDP approval. f. Preliminary SDP approval does not absolve the applicant from supplying necessary information as required for subsequent site plan approval, to include the rezone petition process/review. WATER MANAGEMENT: a. Detailed paving, grading, and site drainage plans shall be submitted to Project Review Services for review. No construction permits shall be issued 6nless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. b. In accordance with the Rules 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 Subdivision Regulations. d. If a lake is proposed, an Excavation Permit will be required in accordance with Collier County Ordinance No. 88-26 and SFWMD rules. e. A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. f. If a dry detention system is proposed, the bottom of the pond shall be a minimum of one foot (1') above the seasonal water table in accordance with South Florida Water Management District criteria. g. Water Management calculations signed and sealed by a professional engineer shall be provided. h. A typical cross-section of the proposed detention area shall be provided, showing at a minimum, slopes, depths and seasonal water table. i. A topographic survey shall be provided in order to evaluate the existing drainage conditions of that area. Petitioner shall accommodate any off-site drainage that is now coming onto site. A boundary survey shall also be provided, signed and sealed by a professional land surveyor. J. The existing drainage ditch shall be evaluated in order to determine its capacity and the need for any improvements. Legal documentation shall also be provided to verify the right to discharge into the ditch. k. Discharge for the water management system shall be limited to 0.04 cfs/acre in accordance with Ordinance No. 90-10. -3- TRANSPORTATION: a. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at any project access when deemed warranted by the County. Th~ signal(s) shall be owned, operated and maintained by Collier County. b. Should a median opening be permitted on Immokalee Road 'upon the four laning of that road, the developer shall be responsible for the costs of all intersection improvements required to serve the project. c. The developer shall provide'arterial level street lighting at all access driveway points in conformance with Collier County regulations. d. The developer shall provide right turn lanes on Airport and Im~okalee Road at all project accesses. e. The developer shall provide fifty feet of additional road right-of-way (total of 150 feet) along the south side of Immokalee Road. Also, the developer shall provide additional right-of-way along Airport Road as follows: A strip of land ~725 feet long with a width of 105 feet at the northwest corner of the site, coincident with the Immokalee road right-of-way line tapering to 30 feet, and a strip of land ±450 feet long with a width of 30 feet extending southward from the ±?25 foot strip to the southwes= corner of the site. Road impact fee credits will be granted to the extent provided by Ordinance 85-55, as amended. f. The road impact fee shall be as set forth in Ordinance 85-55, as amended, and shall be paid at the time building permits are issued unless otherwise appr. oved by the Board of County Commissioners. .g. Access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. h. All traffic control devices used, on or off site, shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 315.0747, Florida Statutes. i. The Petitioner shall provide a certificate of Adequate Public Facilities at the time of any Final Development Order. -4- ***SEE NOTATION BELOW*** REPRESENTATIVE FOR CCPC SWORN ~X) AND SI/BSCRIBED BEFORE MEn, lIS DAY OF , 1991. '~ '~OTARY PUBLIC SEAL /{Y COMMISSION EXPIRES: R-91-9 AGREEMENT SHEET *** These stipulations placed by Board of nb/6218 County Commissioners aS part of the Rezone approval. It i~ not necessary for CCPC to sign agreement page after changes have been added/changed by the Board of County Commissioners, per County Attorney Kenneth Cuyler.. this date, October 29 1991.*** STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Flor/da, do hereby certify that the foregoing is a true copy of: Ordinance No. 91-98 which was adopted by the Board of County Commissioners on the 22nd day of October, 1991, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th · day of October, 1991. JAMES C. GILES .~xl'~[~i ,. Clerk of Courts and Clerk"'. "~ Ex-officio to Board of .:.. ' County Commissioners .'. ~ By: /s/Maureen Kenyon ..' Deputy Clerk " '~' ..!;~'~.