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Ordinance 91-105 ~_~ t~i ORDINANCE NO. 91- 105 AN ORDINANCE AMENDING ORDINANCE 91-102, THE , ,~ COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ~.' .'. !L~L/ ESTABLISHES THE COMPREHENSIVE ZONING 7 REGULATIONS FOR THE UNINCORPORATED AREA OF ~ COLLIER CO'3NTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8517S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RT, RESIDENTIAL TOURIST ZONING CLASSIFICATION TO THE RT, RESIDENTIAL TOURIST ZONING CLASSIFICATION WITH A DENSITY CAP OF 136 MULTI-FAMILY DWELLING UNITS~ AS D~?ERMINED BY THE BOARD OF COUNTY COmmISSIONERS TO BE APPROPRIATE AND TO BE CONSISTENT WITH THE GROWTH MANAGEMENT PLAN, PURSUANT TO OBJECTIVE 1 AND RELATED POLICIES AND POLICY 3.1.K OF THE FUTURE LAND USE ELEMENT, AND THE FUTURE LAND USE MAP OF THE G~OWTH MA/qAGEMENT PLAN, FOR PROPERTY LOCATED APPROXIMATELY 350 FEET WEST OF VANDERBILT DRIVE, ON THE NORTH SIDE OF THE COCOHATCHEE RIVER, AND APPROXIMATELY 500 FEET SOUTHWEST OF THE INTERSECTION OF VANDERBILT DRIVE AND WIGGINS PASS ROAD, LYING IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIII, Section l(f) of the Constitution of Florida confers on counties broad ordinance-making power when nc,t inconsistent with general or special law; and WHEREAS, Chapter 125.01, Florida Statutes~ confers on all cc,unties in Florida general powers of government, including the ordinance-making power and the power to plan and regulate the use of land and water; and WNEREAS, On January 10, ~989, Collier County adopted the Ccllier County Growth Management Plan as its Comprehensive Plan pursuant to the requirements Chapter 163, Part II, Florida Statutes, also known as the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Chapter 9J-5, Florida Administrative Code, also known as the Minimum Crit~ria for Review of Local Government Comprehensive Plans and Determination of Compliance; and WHEREAS, the Board of County Commissioners of Collier County finds that development for which zoning has already been approved by Collier County and potential zoning within Urban DEsignated Areas of the Collier County Growth Management Plan w~ll accommodate approximately 350,000 dwelling units in the unincorporated Coastal Urban Area of Collier County, and that c¢.mm,~rcial zoning in excess of 4,600 acres has been approved, wh, il.~ the Capital Improvement Element of the Growth Management Plan would serve only a fraction of the planned and approved, yet unbuilt, development; and WHEREAS, because of these estimates and projections, the Fu~tu~e Land Use Map and Element of the Collier County Growth Ma~nagement Plan and the Support Documents project and provide for over 60 years of growth while the Capital Improvement E].ement of the Collier County Growth Management Plan provides for only five (5) years of funding and only ten (10) years of need~ and deficiency assessments for puPlic facilities for all categories, except that roads are also in the process of being t~ntatively planned for up to 25 years of growth; and WHEREAS, as a result of the realization of this serious and significant imbalance between planned land uses and planned public facilities by the Board of County Commissioners of Collier County, the Board of County Commissioners of Collier County finds that Collier County faces real, serious and i]~minent problems that will result from the planned and al)proved, yet unbuilt, development in that it exceeds the financial resources of Collier County to fund projected carrying caFacity of the existing and planned public facilities of C311ier County and that it is inconsistent with the existing and desired community character of Collier County; and WHEREAS, at the time of adoption of the Growth Management Plan, the ~oard of County Commissioners of Collier County recognized the need to balance evacuation capability and the at-risk population in the Hurricane Vulnerability Zones in Collier County by limiting or reducing the maximum permitted 2 d~n=~ities in those zones to ensure that the population at risk in those zones of high risk could safely evacuate during the t:.m~] of a hurricane event; and W]{EREAS, the Board of County Commissioners of Collier C(,unty acknowledged the report of the Regional/Urban Design Team fear the Naples area dated April, 1987 and subsequent rE,commendations of the R/UDAT citizen Committee and approved a r~,vised commercial allocation system to promote superior urban design by managing road access, avoiding commercial strip development, improving overall traffic circulation patterns and pro%,iding community focal points; and WHEREAS, the Growth Management Plan, through the Future L~nd Use Map and the Goals, Objectives and Policies, strives to c¢ordinate land use with the provision of adequate roads, sewer, water, drainage facilities, solid waste facilities and parks and recreation opportunities; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and dts¢:ourage unacceptable levels of urban sprawl; and WHEREAS, the cost to the public and Collier County to pxovide adequate public facilities for planned and approved, yet unbuilt, development is too great of a financial burden and would cause the public and Collier County undue fiscal hardship; and WHEREAS, additionally, the Board of County Commissioners of Collier County recognizes that if a substantial amount of the unimproved property were allowed to develop and be constructed under existing zoning districts inconsistent with the Growth Manegement Plan, it would encourage urban sprawl, promote strip commercial development, negatively impact the character of residential neighborhoods and commercial areas, and force Collier County to make premature ad hoc land use commitments; and WHEREAS, Collier County has attempted to address these prcblems by including several provisions in the Collier County Grc.w~.h Management Plan, including Objective 1 and related Policies and Policy 3.1.K of the Future Land Use Element of the Collier County Growth Management Plan, and by providing that land development regulations be adopted and contain provisions to implement the Collier County Growth Management Plan and include at a minimum, inter alia, the establishment of a Zoning Reevaluation Program for unimproved property that shall be carried out by January 10, 1991 for all commercially zoned and non-zesidential property and by January 10, 1992 for all other property; and WHEREAS, Objective 1 of the Future Land Use Element re¢[uire~ all new or revised uses of land to be consistent with designations outlined on the Future Land Use Map; and WHEREAS, Policy 3.1.K of the Future Land Use Element of the Co].lier County Growth Management Plan furthermore provides for the rezoning of inconsistent, unimproved properties to a zoning di~trict consistent with the Growth Management Plan; and WHEREAS, pursuant to Sec. 163.3194(3)(a), Fla. Stat., land de.~elopment regulations shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, and other aspects of development permitted by such regulations ar,~ compatible with and further the objectives, policies, land us,~s, and densities or intensities in the Comprehensive Plan and if it meets all othe~ criteria enumerated by the local go'~e~/nment; and WHEREAS, in order to comply with the foregoing au'~horities, findings and the Act, it is necessary to rezone la~ge areas in the unincorporated portion of Collier County to zoning districts consistent with the Growth Management Plan; and WHEREAS, the zoning amendments herein will implement Ob)ective One and related Policies and Policy 3.1.K of the Fu':ure Land Use Element and Future Land Use Map; and 4 WHEREAS, the owner of the herein described property has sub~.itted and had approved an application as provided for in Section 2.,~ (Exemptions) of the Zoning Reevaluation ordinance but has nevertheless requested the property be considered for rezoning; and WHEREAS, Policy 3.1.K of the Future Land Use Element of the Gro~;th Management Plan and the Stipulated Settlement Agreement in ])OAH Case No. 89-1299 GM requires commercially and industrially zoned property inconsistent with the Growth Management Plan and unimproved to be rezoned to consistent zoning districts by January 10, 1991, and requires residentially zoned property inconsistent with the Growth Management Plan and unimproved to be rezoned to consistent zoning districts by January 10, 1992; and WHEREAS, the zoning amendments herein will bring the zoning of the herein described properties into consistency with Objsctive i and related Policies and Policy 3.1.K of the Future Lan~ Use Element and the Future Land Use Map of the Growth Management Plan; and WHEREAS, the Collier County Planning Commission has reviewed this zoning ordinance and has found it to be consistent with the Growth Management Plan as required by Sec. 163.3194(2), ~%_q~da Statutes. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: sEctioN ONE: The zoning classification of the herein described real property located in Section 17, Township 48 South, Range 25 East, Collier County, Florida, is changed from the RT, Residential Tourist Zoning District to the RT, Residential Tourist zoning District with a density cap of 136 multi-family dw~:lling units and the Official Zoning Atlas Map Number 8517S, as described in Ordinance 91-102, the Collier County Land De~u£opment Code, is hereby amended accordingly: SEE ATTACHED EXHIBIT "A" ~Y,( .~J~]~_~LQ: Effective Date. This Ordinance shall become effective upon the effective · .:~ date of ~hat certain D~velopment Agreement approved simultaneously with this zoning ordinance, dated November 26, 1991, said Development Agreement being recorded in the official records of Collier County on D,e,mh,~ '~ , 1991, at the Official Record Book~6? , Pages~557 through]578 PASSED ~D DULY ADOPTED by the Board of County ' Commissioners of Collier County, Florida, this26th day of NDvember , 1991. BO~D OF CO~TY CO~ISSIONERS COLLIER CO~TY, F~RIDA A~EST :~ . d. ¥,' "~ROVED AS '~ FO~ m~D ~j:~.~ .. ,. LEG~ SUFFIC~NCY~: ~ Marj~ie M. Stddent As~istant County Attorney '~" ORD/~s/kn/3435 f,~ u~ ock-~ed~e~t ~f t~ot '~: CZ}~9. 2391 DESCRIPTION ISLAND PORTION OF CONKLIN POINT CONKLIN POINT, A SUBDIVISION IN 'THE SOUTHEAST OUARTER (SE I/4), SECTION 17. TOWNSHIP 4B SCUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, ACCORDING TO THE PLAT RECORDED )N PLAT BOOK 8, PAGE 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGE"HER WITH ALL RIPARIAN RIGHTS, INCLUDING ALL RIGHT, TITLE AND INTEREST THE GRAN"ORS MIGHT HAVE IN AND TO AND UNOER ALL ADJACENT WATERWAYS EXTENDING OUT 50 FEET FROM APPROVED BULKHEAD LINE NO. I, AS DESCRIBED IN BULKHEAD LINE PLAT BOOK I. PAGE '?, COLLIER COUNTY RECORDS; LESS AND EXCEPT A PARCEL OF LAND LYING IN SECTIDN 17. TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA. KNOWN AS MAINLAND COI'IKLIN POINT DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF CONKLIN POINT, AS RECORDED 1N PLAT BOOK B, AT PAGE 16, P~JBLIC RECORDS OF COLLIER COUNTY, FLORIDA; RUN S 00'26'00" E ALONG THE EAST~-'RLY LINE OF SAID CONKLIN POINT FOR 126.73 FEET TO A POINT OF CURVATURE; THEN;E RUN SOUTHERLY ALONG THE ARC OF A CURVE TO THE RIGHT OF RADIUS 1860.08 FEET {DELTA ANGLE 07'17'52", CHORD DISTANCE-236.76 FEET, CHORD BEARING S 03'12'56" W) FCR 236.92 FEET TO A POINT OF TANGENCY;,. THENCE RUN S 06'sr52"w ALONG SAID EASTI~RLY LINE FOR 150.00 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHERLY ALONG SAID EASTERLY LINE ALONG THE ARC OF A CURVE TO THE LEFT CF RAOIUS 1960.08 FEET, (DELTA ANGLE 07'17'52", CHORD DISTANCE 249.49 FEET, CHORD BEARING S W) FOR 24;3.66 FEET; THENCE RUN S 00'26'00" E ALONG SAIO EASTERLY LINE FOR 139.49 FEET TO THE SOUTHEASTERLY CORNER OF SAID CONKLIN POINT; THENCE RUN $ 89'16'10" W ALONG THE SOUTHERLY LINE OF SAID CONKLIN POINT FOR 285.00 FEET; THENCE RUN N00'26'00" W FOR 692.99 FEET; THENCE RUN S 89'16'10" W FOR 195.00 FEET;, THENCE RUN I~ 00'26'00" W FOR 207.00 FEET TO THE NORTHERLY LINE OF SAID CONKLIN POINT; THENCE RUN N 89'16'10" E FOR 530.00 FEET ALONG THE SAID NORTHERLY LINE TO THE NORTHEAST CORNER OF SAID CON,LIN POIN'r. EXHIBIT "A" ,.:~' STA~:E OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circ~it, Collier County, Florida, do herE~by certify that the forego.lng is a true copy of: Ordinance No. 91-105 whi(:h was adopted by the Board of County Commissioners on the 26th day of November, 1991, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of December, 1991. JAMES C. GILES Clerk of Courts and Cler~ Ex-off~cio to Board of By: /s/Maureen Kenyon Deputy Clerk "