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Ordinance 99-74ORDINANCE AN ORDINANCE AMENDING ORDINANCE NUMBER 77-7, AS AMENDED, WILDERNESS, A PLANNED UNIT DEVELOPMENT, BY PROVIDING FOR: SECTION ONE: AMENDMENT TO SECTION V, PARCEL 9, TO INCLUDE SELECT COMMERCIAL USES AS PERMITTED USES IN PARCEL 9; AND SECTION TWO: EFFECTIVE DATE. WHEREAS, on February 1, 1977, the Board of County Commissioners approved Ordinance Number 77-7, which adopted the Wilderness Planned Unit Development (PUD) and approved commercial development on Parcel 9 of the PUD subject to the requirement for submission and approval at a public hearing, of a site development plan for said commercial development; and WHEREAS, on July 23, 1996, Ordinance Number 77-7 was amended by Ordinance Number 96-43, to provide for specific uses permitted on a portion of Parcel 9 as required by the said Wilderness Planned Unit Development; and WHEREAS, as required by said Wilderness Planned Unit development, Aquaport L.C., a Florida limited liability company, Managing Member, Norman Burke, has requested approval of a commercial site plan with uses specified thereon, which is treated as an amendment to Ordinance Number 77-7 as amended by Ordinance Number 96-43, for a portion of Parcel 9 more particularly described as: All that part of Lots 12, 13, and 14, Naples Improvement Company Little Farms, as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Southwest corner of said Lot 12; Thence along the South line of said Lot 12, North 89°26'51'' East 20.00 feet to the East ~,ght-of-way line of Goodlette-Frank Road; thence along the East fight-of-way line North ~ttli)°39'49'' East 10.00 feet to the Point of Beginning of t,h,,e herein described parcel; ~v--~ence continue along said East right-of-way North 00°39'49 West 580.00 feet; Thence {~ving said East fight-of-way North 89°20'11'' East 260.12 feet; Thence North ~5~31118','' East 153.66 feet; Thence South 30°28'42'' East 119.01 feet; Thence South :':i~/,33 09 East 554.02 feet to a line lying 10 feet North of and parallel with the said ~'~t}th line of Lot 12; Thence along the said parallel line South 89°26'51'' West 451.54 ~f~fo the Point of Beginning; ~_;~' 4~.W THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENT TO SECTION V, PARCEL 9 That Section V entitled "Parcel 9" of the Wilderness Planned Unit Development (Ordinance 77-7) is Ee. reby amended to read as r.,o,ows., · Words :track ~.:m:g~ are deleted; words underlined are added. -1- V: PARCEL 9 The 10.69 acre site shown on Parcel 9 on Exhibit "B", representing 4.9% of the gross project area, is a separate entity from the land included in the club, golf course, and apartment sites. This site is owned by the E. H. Frank family, and is not included in the land leased to the project developers. Specific development plans for Parcel 9 have not yet been settled upon. It is intended that Parcel 9 be utilized for a use or uses which will be fully compatible with the remainder of the project development. It is hereby committed that prior to development of Parcel 9, detailed development plans shall be submitted to the County in accord with the provisions set forth in Section 24 of the Collier County Zoning Ordinance, entitled CHANGES IN DEVELOPMENT PLAN, as amended. At the time of this future Parcel 9 site plan submission, a new public hearing shall be held, of which time the site plan will be reviewed as to drainage, road access, parking, setback, overall sign plan, landscaping, and such other items determined to be appropriate. Pursuant to the above, an Adult Congregate Living Facility, ACLF, pursuant to the · provisions of Section 2.6.26 of the Land Development Code is hereby authorized as a use of land within said Parcel 9 subject further to the requirements of Division 3.3 Site Development Plans. No more than twenty-five (25) percent of the total number of units shall contain a kitchen. Pursuant to the above, the commercial site plan with the Table of Proposed Uses listed thereon, which is attached hereto and incorporated by reference herein as Exhibit "A", is hereby approved as the PUD Master Plan for the portion of Parcel 9 described herein. Amendment and changes to said PUD Master Plan shall be governed by Section 2.7.3.5 of the Collier County Land Development Code. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ,~,xO~' ~'n/day of ~_~_~ , 1999. ATTEST: DWIGHT E. BROCK, CLERK Approved as t~i~t~orm and Legal Sufficiency: Assistant County Attorney f/Ordinance No. 77-7/RN/im BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 'r~35 orchnance '?'~ '"'"' '"' Secretary of .State's Office the ~day of'~0l~''l~, /?~- and ac~nowledgem~n~ that filing received ~~ ~Y of Words am:el: ~.r~.::g~ are deleted; words underlined are added. '---'LUJ_LI]_r~ I \1 I ! ~IJ./J_LLLL.L i 666~ 9 ~ ±30 ili 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 copy of: ORDINANCE NO 99-74 fid Which was adopted by the Board of County Commission~ the 26th day of October, 1999, during Regular Session WITNESS my hand and the official seal of the Board ~ co County Commissioners of Collier County, Florida, this 29th day of October, 1999. DWIGHT E. BROCK Clerk of Courts Ex-officio to Boal)t Deputy Cler~ ,,.,,,.,, ......: .-