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Ordinance 90-055 ORDINANCE 90- 5.._5 AN ORDINANCE AMENDING ORDINANCE NO. 82-2 T~E .EN OMPRENENSIVE ZONING REGULATIONS FOR THE INCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY DING THE OFFICIAL ZONING ATLAS MAP NUMBER 2S-3 BY CHANGING THE ZONING CLASSIFICATION FR~ ~%2" RURAL AGRICULTURE TO "RO" RECREATIONAL OPEN ~ACE FOlt TIlE IIENF. IN DEf. ICItlI~ED I,ROPEItTY LOCATED ON .~:~PROXII'U~TELY ONE NILE WEST OF C.R. 901 (VANDERBI~I~ _,~]3EACH ROAD) IN SECTION 6, TOWNSHIP 48 SOUTH, RAN~.E 25 EAST, COLLIER COUNTY, FLORIDA, CONTAINING 2.41~ ACRES; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tempustech Inc., represented by Kris Dane of Coastal Engineering consultants Inc., petitioned the Board of ,, County Commissioners to change the Zoning Classification of the below described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY i~{: '~. COM]~ISSIONERS OF COLLIER COUNTY, FLORIDA: ~,, ~. The zoning classification of the hereinafter des~ribed 2~ East, Collier County, Florida, is changed from CA-2" Agrlmltur~ to "RO" Recreational Open Space and the Official  Zoning Atlas Map Number 48-25-3, as described in Ordinance No. 82-2 is hereby amended accordingly: / SE~ION ~O - EFFE~IVE DATE: :'{~:~",. ~1 Ordinance shall become effective upon receipt ~en filed with the Secretary of State. Co~issioners of Collier County, Florida, this 19th ¥ ~PROVED AS TO FO~ ~D . LEG~ SUFFICIENCY: ~ o~i~nce filed wl~ ~e ~ORIg M. STUDENT ~ ~~~nk?f ~t as Co~nc~nq a~ 3 c~L~oad so~ mac~ing ~ floc~hems~ :ocne~ 3~ said d~s=anc, o~ 5~.~7 ~ae~ ~o a conc=z~ ~on~en~ ~a=:;in~ =h~ southa=Zy cigh~-o~-,aay ~lne o~ ~oni~s BeachoRoa~ and ~ha ~o~n= oE ~eg~nning~ ~henc~ con~inue ~Zong said east l[ne ~OO 06'36"E 3~7.0~ f~e~ ~o ~hn Mean ~igh Wat~ Lin~ o~ Cittla Hickory Bay; ~hencn alon~ said ~ean High Wa~lc line N63-4~'~Z"W 31.49 f~ec; ~ence N66~24'25"W 19.44 fee~; ~henca ~0. , "'~ '' T~ ~ · " '' ~' "' = ~a - ' N6 ,6 f~ .. .... ,ec, ..nenc~ :io4.,. 29 ~ 50..0 ~0_,, 42 .¢ ,4.52 ........ en,~ 337 .0 33 ~ 48.g. NO~ 4~ ,~ 33.~ .a~c; ..~enca :4,3_~ 54 ., =0.05 ~c; :hence ~,5 L7 4a .~ o,.=a ,Re ..... ence ~54 ~9 =L .~ 23.2 .... souCha:Ly :[~:-o~-uay L:~e o~ Bon~:3 ~each Road; C~enca ~O0' 2L'4~":~ L3.02 ~e:; thence ~3g'~2'44"~ 2:9.21 ~c :o the ac:as oa ..... L3=4. aasa~ on a ~ean :~ :~ace= aL~,:a:~=~ :,~cacad on ~ebtua:'z 20, L389. .'.. ..c' "-'. ~ i.~ · .:.. -. .... :9,~.' . . .~ . ;.~..';.,,, . ,. · . . -..~..~..~ . . . ~ :.~ ~/~. ~ .;.~. ~ ........ · . ...... :~:~.:~7: '~' ~'" ' ': '. .' . . .... ~ ~ ..... ~~,~.;:=... I, Kris A. Dane of Coastal Engineering Consultants, Inc., as owner or authorized agent for Petition R-89-22, agree to the following stipulations requested by the Collier County Board of County Commissioners in their public hearing on June 19, 1990. A. The petitioner shall be subject to a Site Development Plan in accordance with Section 10.5 of the Collier County Zoning Ordinance 82-2. B. The marina, boat ramp, private club and yacht club shall be for private membership only. C. The usage of this site and all amenities shall be limited to 200 memberships. D. Trailering of boats for boat launching shall not be allowed on site. However, boat trailers shall be allowed on site for delivery of boats for dry storage and wet slip mooring purposes. E. Living aboard boats shall not be permitted at this site. F. The restaurant shall not provide seating, and shall resemble the use of a snack bar or short order type fast food restaurant. G. Boats shall be limited to 26 feet in length. ENVIRONMENTAL: '/~'" A. Petitioner shall comply with Ordinance NO. 82-2 as · amended by Ordinance No. 89-57 (Use of Native Species ?'. in Landscaping). B. Petitioner shall comply with Ordinance No.' 75-21 as amended by Ordinance No. 89-58 (Preservation of Native Habitat and Tree Removal Permit). C. Petitioner shall comply with Ordinance NO. 82-37 aB amended by Ordinance No. 89-53 (Removal of Exotic Species). D. Petitioner shall be subject to the Collier County Comprehensive Plan Policy 12.1.3 (discovery of an EXHIBIT "C" archaeological or historical site, artifact or other indicator of preservation). " E. In the event protected species nests or burrows ara encountered by Collier County Project Review Services Environmental Staff during the site plan review and/or approval, design may be adjusted if warranted (Collier County Comprehensive Plan Policy 7.3.4). F. Prior to the final Site Development Plan approval meeting for project infrastructure, the petitioner shall obtain and submit to Project Review Services, documentation of all required local, state and federal permits. G. Petitioner shall retain naturally vegetated buffer zones which extend at least five (5) feet landward from the mangrove edges (Collier County Comprehensive Plan, Objective 6.2 and associated policies). Pursuant to the Growth Management Plan, Goal 7, Objective 7.2, Policies 7.2.1, 7.2.2 and 7.2.3 and Policy 11.1.5, petitioner shall be subject to the Manatee Protection Plan in effect at the time of Preliminary Site Development Plan (SDP) approval. I. Pursuant to the Growth Management Plan, Goal 2; Objective 2.2, Policy 2.2.4; Objective 2.3, Policies 2.3.1 and 2.3.6, petitioner shall be subject to water quality and sediment monitoring programs by the Department of Environmental Regulation and Collier County. Water quality shall be evaluated using State water quality standards (403.061 F.S.; F.A.C. 17-3.051, 17-3.061, 17-3.111, and 17-3.121). J. No net loss of viable wetlands shall occur due to shoreline hardening structures (e.g., rip-rap, seawalls, groins, etc.) shall be allowed (Collier County Comprehensive Plan, Objective 6.2 and associated policies). K. The petitioner shall satisfy all regulations concerning dock (wet slip) construction as mandated by Collier County Project Review Services, the Florida State Department of Natural Resources (DNR), the ~lorida State Department of Environmental Regulation (DER), and the U.S. Army Corps of Engineers (ACOE). TRANSPORTATION: A. Subject to concurrence by the Lee County Transportation Department, the developer shall ..... ~.¥,',.. provide left and right turn lanes on Bonita Beach Road at the project entrance. The left turn lane shall be long enough to store two of the largest vehicle combinations expected to use it. B. If a median opening is permitted at the time of four laning Bonita Beach Road, the developer shall be responsible for the cost of all intersection modifications needed to serve the project. C. The developer shall provide arterial street lighting at the project entrance. D. The developer shall dedicate twenty-five (25) feet of additional right-of-way on Bonita Beach Road (South side) for roadway, drainage and access use. E. The Road Impact Fee shall be as for the most similar uses as set forth in the fee schedule of Ordinance 85-55 or as it may be amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. F. Required access improvements shall be in place before any certificates of occupancy are issued and shall not be subject to impact fee credits. WATE~tt~NAGEMENT AND ENGINEERING~ A. Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance 82-91. D. Prior .to detailed construction plan approval, the petitioner shall dedicate 25 feet of additional right-of-way along the entire northern project boundary. E. Provide all appropriate agency permits (DER, COE, SFWMD) prior to detailed construction plan approval. 'i~ F. The bottom of the water management retention area shall be at least one foot above the wet season water table. Prior to preliminary site plan approval, provide verification of the wet season water table. The elevation on the site plan seems too low. G. This is for rezoning purposes only, a Site Development Plan pursuant to Section 10.5 of the Zoning Regulations will be submitted and approved at a later date. A. Connection to the existing water and sewer facilities within Bonita Beach Road right-of-way is recruited and must be fu11¥ iljustrated on the final site plan and supporting engineering construction drawings as to location, size and configuration. The water meter size and location must be shown. B. Verification of sewage handling facilities pursuant to Ordinance 80-112 to service this project is required and must accompany the final site plan. PETITIONER OR AGENT REPRES~TATIVE FOR CCPC SWORN TO AND SUBSCRIBED BEFORE ME THIS .~% DAY ~.. OP , 1990. ~ GF'dlLL N(~TARY PUBLIC STAT(' 0~' ~rtoRml HY COIq#IS$ION LrXP. APn. II.V~92 .' MY COMMISSION EXPIRES: ~9"[~[0 lHP~r ~r'~PP,' ,~, i~n. R-89-22 AGREEMENT SHEET ~:~ nb/3389 ::i ~.,'::. - 4 - ,. !;,, ~.,. ;. ! ,..~.. ':: COUN~ OF COLLIER ) ~','~ /.,.:.. · I, JAMES C. ~I~ES, C~e~k of Cou~ts ~n and fo~ ~en~teth Ju~l=tal Circuit, Collie= County, Florida, do hereby csrttfy that the foregoing ts a true copy of: ,-. ~,[~ .: Ordinance No. 90-55 · ~,~:' which wa8 8dopted by the Board of County Commlsstone~ on ~'~'?~ the 19th day of June, 1990, during Regular Session. WITNESS ~y hand and the official aeal of the Board of JANES C. G;L;S Clerk o~ Courta and Ex-officio to Board of Count~ By: /s/Louise Chesonts Deputy Clerk , '