Ordinance 87-064 ORDINANCE 87-64
AN ORDINANCE AMENDING ORDINANCE 82-2, THE COM~REHEN-/
SIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA;
OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL
ZONING ATLAS MAP NUMBER 51-26-2 BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN DESCRIBED
PROPERTY LOCATED ON THE NORTH SIDE OF U.S. 41i'"
APPROXIMATELY 660 FEET EAST OF THE INTERSECTION
OF U.S. 41 AND C.R. 951, IN SECTION 3, TOWNSHIP 51
SOUTH, RANGE 26 EAST *_ 4.04 ACRES, FROM A-2. TO C-1
"ST"; AND BY PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Coastal Engineering, representing E. Roger Budny and
Jeffrey A. Lomas, petitioned the Board of County Commissioners to change
Zoning Classif~cation of the hereinafter described real property;
®
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, .'-~LORIDA:
SECTION ONE:
The Zoning Classification of the herein described real property is
changed from .~-2 to C-1 "ST" per the stipulations contained in the
Agreement Sheet, attached hereto and incorporated herein as Exhibit "A"
and the Official Zoning Atlas Map Number 51-26-2, as described in
Ordinance 82-2 is hereby amended accordingly:
A tract of land lying in the North ½ of Section 3,
Township 51 South, Range 26 East, Collier County,
Florida, more particularly describe~ as follow:
Commencing at the east quarter co~ner of said
Section 3 run South 00°41'31'' West-~along the east
line of said Section 3 a distance ~f 612.57 feet;
thence North 89°18'29'' West 722.35 feet to the
intersection of the westerly right-of-way line of a
County drainage canal with th'e northerly
right-of-way line of State Road 90 (Tamiami Trail);
thence North 54°20'16'' West along Said northerly
right-of-way line 2647.51 feet to the point of
beginning; thence continue along said right-of-way
line North 54°20'16'' West 440.00 feet, thence North
35°39'44" East 400.00 feet; thence South 54°20'16''
East 440.00 feet, Then South 35~39'44'' West 400.00
feet to the Point of Beginning.
The above describes ~n area of approximately 4.04
acres.
SECTION TWO:
This Ordinance shall becomc effective upon notice that it ha~: been
received by the Office of the Secretary of State.
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-'!,'~ /,".' /-~ AI~PROVE~' AS TO FO~
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ASSIST~T CO~ ATTORNEY
R-87-4C ORDINANCE
BOARD OF COUNTY COMMISSIONERS
COLLIER C~TY, FLORIDA
This ordinonce filed with the
Se~retary of State's Office the
and acknewledgem~_nt_gf' that
filir~g received ~i~,~.,~ clay
of /
EXHIBIT "A"
AGREEMENT
I, Michael F. Stephen, as owner or authorized agent for Petition
R-87-4C, agree to the following stipulations requested by the Collier
County Planning Commission in their public hearing on July 16, 1987.
Petitioner shall be subject to Ordinance 75-21 [or the tree/
vegetation removal ordinance in existence at the time of
permiting], requiring the acquisition of a tree removal permit
prior to any land clearing. A site clearing plan shall be
submitted to the Natural Resources Management Department and
the Community Development Division for their review and
approval prior to any substantial work on the site. This
plan may be submitted in phases to coincide with the
development schedule. The site clearing plan shall clearly
depict how the final site layout incorporates retained native
vege~ation to the maximum extent possible and how roads,
buildings, lakes, parking lots, and other facilities have been
oriented to accommodate this goal.
be
Native species shall be utilized, where available, to the
maximum extent possible in the site landscaping design. A
landscaping plan will be submitted to the Natural Resources
Management Department and the Community Development Division
for their review and approval. This plan will depict the
incorporation of native species and their mix with other
species, if any. The goal of site landscaping shall be the
re-creation of native vegetation and habitat characteristics
lost on the site during construction or due to past activities.
c. All exotic plants, as defined in the County Code, shall be
removed during each phase of construction from development
areas, open space areas, and preserve areas. Following site
development a maintenance program shall be implemented to
prevent reinvaalon of the site by such exotic species. This
plan, which will describe control techniques and inspection
intervals, shall be filed with and approved by the Natural
Resources Management Department and the Community Development
Division. ~
d. If during the course of site clearing, 'excavation,- or other
constructional activities, an archaeological or historical
site, artifact, or other indicator is~iscovered, all
development at that location shall be immediately stopped
the Natural Resources Management Department notified. ·
Development will be suspended for a sufficient ·length Of time
to enable the Natural Resources Management Department 0~'a-~'
designated consultant to assess the find and determine the
proper course of action in regard to its salvageability.Au~hel 1.
Natural Resources Management Department will respond to any
027 341
such notification in a timely and efficient mannsr so as to
provid& only a minimal interruption to any constructional
activities.
The wetland area in the northwestern part of the tract, as
determined by the State of Florida Department of Environmental
Regulation and the U.S. Army Corps of Engineers, shall be
zoned C-3 "ST". This area identified by the petitioner with
flagging, the flagging being subject to the approval of NRMD.
Detailed site drainage plans shall be submitted to the County
Engineer 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 the County
Engineer.
In accordance with the Rules of the South Florida Water
Management District (SFWMD), Chapters 40E-4 and 40E-40, this
project shall be designed for a storm event on 1-hour duration
and 3-year return frequency.
Peri{loner shall provide a legal description of the boundary of
the P.D.E.R./A.C.O.E. identified Jurisdictional area. No
development shall take place beyond this boundary until proof
is provided to the County Engineer of compliance with permit
regulations in force by all appropriate local, state and
federal agencies for any use or activity proposed within the
limits of the Jurisdictional area.
Any future development will subject the developer to compliance
with all state, regional and local water management criteria
for the entire parcel delineated under this rezone petition.
The developer shall provide a right turn lane on US 41 at the
project entrance.
k. There shall be no new median opening on US 41.
The above required improvements (J. and k.) are considered
"site related" as defined in Ordinance 85-55 and shall not
be applied as a credit toward any impact fees required by
that ordinance.
A water main must be extended from C.R.'. 951 along ~.S. 41 from
the County Water-Sewer District's existing 20" tran~mission
main to the project site and extended within the project, as
required.
Construction documents for the water service improvements
relating to the development on the propqrty mus~
and approved by the Utilities Division p~ior to the approval of
building permits on the property.
OF
o. Conveyance of the water service improvements to the County
Water-Sewer District must be completed prior to approval of
Certificates of Occupancy for structures on the property.
p. Construction and ownership of the water facilities shall be in
compliance with all Utilities Division Standards, Policies,
Ordinances, Practices, etc. in effect at the time construction
approval is requested.
q. The rezoning document shall be revised to make reference to
this memorandum, by date, and specify the Petitioner's
acceptance of the stipulations contained herein. A revised
copy of the petitioner's acceptance statement and draft
Ordinance for the rezoning approval must be submitted to the
Utilities Division for review and approval prior to the
Petition being considered bv the Board of County Commissioners.
r. Any extabliahment requiring a CCPHU permit must submit plans
for review and approval.
s. A bu£fer shall be placed along the north and east property
lines meeting the requirements of Section 8.37 of the Zoning
Ordinance to help insure compatibility with adjoining property.
t. Only one access drive shall be permitted to =he site.
u. A site development plan shall be submitted to and revie~%d .by
the Planning Department, meeting the requirements of.!~ .....
10.5 of the Zoning Ordinance prior to issuanca of .[%~i.f~i~g":-'";% .
permit. ?'"c~]"" >- O/ . "'
v, The petitioner shall demonstrate the need for adOitio~al ~£ . cB ,: l-
co~.ercial zoning in tbe~,~:o~.ercial no~ '~' 0 ~ "
/ .....
~.EPRESENTATIVE FOR CCPC
SWORN TO AND SUBSCRIBED BEFORE ME THIS
1987. - ~
·
SEAL
MY COMMISSION EXPIRES:
DO~OtO rff~U GEh~fl~L 1#$. U~O.
DAY
R-87-4C Agreement Sheet
STkTE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, 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 87-64
which was adopted by thc l~c rd of County Commissioners on the llth
day of August,o1987 during }~egular Session.
WITNESS m~ hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this llth day of
August, 1987,
Cou n ty._Commi s~e ~ r s ' 't..