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Ordinance 2010-21 ORDINANCE NO. 10- 21 g'\0111Z13~ '0,\'0 ~ ''ll'{s-' AN ORDINANCE OF THE BOARD OF COUNTY ; ~$~~\ %, COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ;:! '\\\))~;\\) ~ AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, \ ~>:j't- v ~ THE COLLIER COUNTY LAND DEVELOPMENT CODE, ~ 1; WHICH ESTABLISHED THE COMPREHENSIVE ZONING ~6' 1P' REGULA TIONS FOR THE UNINCORPORATED AREA OF G"6'C"~2' _"J1.,<J... COLLIER COUNTY, FLORIDA, BY AMENDING THE 97;",.. APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A CONSERVATION (CON) AND RESORT TOURIST (RT) ZONING DISTRICT TO A PUBLIC (P) ZONING DISTRICT FOR THE PROJECT KNOWN AS PORT OF THE ISLANDS, LOCATED AT 12700 UNION ROAD, IN SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.848+/- ACRES SUBJECT TO CONDITIONS; PROVIDING FOR REPEAL OF ORDINANCE NO. 92-59; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Duane, AICP of Hole Montes, representing Port of the Islands Community Improvement District, 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, that: SECTION ONE: The zoning classification of the real property more particularly described in Exhibit A, located in Section 4, Township 52 South, Range 28 East, Collier County, Florida, is changed from a Conservation (CON) and Resort Tourist (RT) Zoning District to a Public (P) Zoning District for a 4.848+/- acre project known as Port of the Islands, subject to the conditions shown in Exhibit B. Exhibits A and B are attached hereto and incorporated herein by reference. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance No. 92-59, establishing a Conditional Use for a water and wastewater treatment plant, is hereby repealed. Port of the Islands RZ-PL2009-910 REV. 4/19/10 lof2 SECTION THREE: This Ordinance shall become effective after filing with the Depm1ment of State and 45 days after rendition of this Ordinance to the Department of Community Affairs, the Southwest Florida Regional Planning Council and owner in accordance with Sections 9J-I-002 and 9J-I-003 F.A.C. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this .) c) -Ill day of 1\ In :J ,2010. ATTEST: DWIGHT E. BROCK" CLERK . ....~~.;~YV k UJ..(1 Y!),.~t)f- ( tteI.... t ..to.~Clerk . ,1.'\"., .1~"'.1~" . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 'A,"L IN t~~~ FRED W. COYLE, Chm 'man . " Approved as to form and legal sufficiency: o .~ ylV""\V> ,0 ".Il.' 1"r\R Hei~i.fshton-Cicko U SectIOn Chiet~ Land Use/Transportation ATTACHMENTS: Exhibit "A" - Legal Description Exhibit "B" - Conditions of Approval CP\] o-cps-o t 00 1 \39 ThIs ordInance fi led with the ~IVOry of Sl.\W:'s Offi~ th" .d!Pdoy of ~ "dOll) ond acknowledgeme rt1thot fill ived I day of By ,Or, Port of the Islands RZ-PL2009-91 0 REV. 4/]9/10 20f2 HM HOLE MONTES EHGINEEFIS'f'I..A1INl:RS.SlJRIIEYORS lANDSCAPEAACfmCTllAE 950 EocoreWay-Naples, Florida 34110'Phone: ZJ9.254,2000' Fax: ?J9 .2542075 HM PROJECT #2008.011 5/13/2008 REF. DWG. #B-6356 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 SOUTH. RANGE 28 EAST. COLLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~ AT THE NORTHEAST CORNER OF Tl-IE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00'37'46"E., ALONG THE EAST LINE OFTHE SOUTHEAST QUARTER OF SAID SECTION 4. FORA DISTANCE OF 684.23 FEET; THENCE RUN N.45"37'46"W., FOR A DISTANCE OF 269,6B FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THEMC OF SAID CURVE TO THE RIGHT. HAVING A RADIUS OF 82.50 FEET THROUGH A CENTRAL ANGLE OF 45"00'00' SUBTENDED BY A CHORD OF63,14 FEET AT A BEARING OF N.23"07'48'W" FOR A DISTANCE OF 64.80 FEET TO THE END OF SAID CURVE; THENCE RUN N.00"37'46"W.. FOR A DISTANCE OF 85.06 FEET; THENCE RUN S.89"22'14"W" FOR A DISTANCE OF 35.00 FEET; THENCE RUN N,OO"37'46"W" FOR A DISTANCE OF 350.03 FEET; THENCE RUN N.00"38'58'W. FOR A DISTANCE OF 299.88 FEET; THENCE RUN N,89"21'02"E, FOR A DISTANCE OF 77.18 FEET; THENCE RUN N.00"52'04"W., FOR A DISTANCE OF 3.06 FEET; THENCE RUN N.89"07'56"E., FOR A DISTANCE OF 35.00 FEET: THENCE RUN S.OO"52'04"E., FOR A DISTANCE OF 3.19 FEET; THENCE RUN N,89"21'02"E,. FOR A DISTANCE OF 137.B2 FEET TO A POINT ON Tl-IE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE RUN S.00"38'58"E.. ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 FOR A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING; CONTAINING 4,848 ACRES, MORE OR LESS. THIS PROPERTY SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 4. TOWNSHIP 52 SOUTH, RANGE 28 EAST. COLLIER COUNTY, FLORIDA AS BEING S.00"37'46"E, HOLE MONTES. INC. CERTIFICATE OF AUTHORIZATION LB # 1772 BY iJ,,~ lit, ~ THOMAS M. MU HY P,S.M. #5628 STATE OF FLORIDA H._..e~by""""d~111log'ld..b-0t351.0OC Naplcs"ForlMyers'Venica Exhibit A CONDITION OF APPROVAL Port of the Islands RZ-PL2009-910 Principal Permitted Uses within this project shall be limited as follows: A, Within the area that was formerly designated as CON zoning as shown on the attached zoning map in effect prior to this rezone, the uses are limited to only the following uses: 1. Administrative service facilities 2. Communication towers 3, Essential public service facilities 4, Park and recreational service facilities 5, Parking facilities 6. Safety service facilities The following uses are specifically prohibited: I . Chi Id care 2. Collection and transfer sites for resource recovery 3 Education facilities 4, Educational plants 5. Fairgrounds 6. Museums 7. Libraries B, Within the area that was formerly designated as RT zoning as shown on the attached zoning map in effect prior to this rezone, the uses are limited to only the following uses: 1. Administrative service facilities (including a community center) 2. Communication towers 3. Essential public service facilities 4. Park and recreational service facilities 5. Parking facilities 6, Safety service facilities 7. Libraries 8. Any other public structures and uses which are comparable in nature with the foregoing uses The following uses are specifically prohibited: 1. Child care 2. Collection and transfer sites for resource recovery 3. Education facilities 4, Educational plants 5. Fairgrounds 6. Museums. Revised 4/7/10 to reflect cepc changes EXHIBIT B Page 1 of 2 A-ACSC/ST w ~ e A-ACSC/ST o . ~ CON I _Via . A i g SITE ,1 ~ ,..;.-oU-.. LOCATION , j ~. , , B 1__11 i CON-ACSC/ST " '" 1 ; RT PORT-Of-"-IHF-ISLANDS (RFMIICA RAND,) I ~ ~"'t,~~ AM \ \ ------....., \\ )-r- .. .. /AC / 44".0 j ( ICON~ ::;:"Do:,,';~~-:rrcs __-----.::=-'------- I L -- .. ... ...~~, ----- ----- \ CON-ACSC/ST -- ue; " TAMIJ\MI lRI,',L ~. ZONING MAP EXHIBIT B Poc;e 2 of 2 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 and correct copy of: ORDINANCE 2010-21 Which was adopted by the Board of County Commissioners on the 25th day of May, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of June, 2010. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissione>t&;. r ......, ~~...~i,. ~~ -:.~ .;; \~ -. ",-', . By: Ann Jenn~~~hn, Deputy Clerk '." . -. ..~ \ .c l~