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Ordinance 75-39 ORDINANCr:: NO. 75- .39 ~.r~ Afl ORI)INANCE AHENDING ORDINANCE NO. 74-42 AND ORDINANCE NO. 75-24 COMPREIIENSIVE ZON1NG REGULATIONS FOR TIIE UNINCORPOIb%TED AREA OF ']'llE COASTAL AREA PLANNING DISTRICT OF COI,LIER COUNTY, FLORIDA, BY CIiANGiNG TIlE ZONING CI,ASSIFICATION IN WORK STUDY AREA NO. 2, MORE PARTICULAI{LY I)ESCR1BED AS THOSE LANDS LYING WITHIN THE UNINCOIII'ORATED AI{EAS OF TOWNSIIIP 49 SOUTH, RANGES 25 AND 26 EAST, COLI,IER COUNTY, FLORIDA, OF THE PROPERTY DESCRIBED BELOW FROM A AGRICULTUI1E TO PC PROFESSIONAL COMMERCIAL DISTRICT FOR PI{OPERTY IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST; AND FROM "I" INDUSTRIAL TO "RM-1A" RESIDENTIAL MULTIPLE FOR LOTS IN CARIB].: WOODS AND NORTH NAPLES HIGHLANDS; AND FROM RM-1 RESIDENTIAL }~UL'£IPLE TO GRC GENERAL RETAIL COMMERCIAL FOR LOT 1 MORNINGSIDE SUBDIVISION; AND FROM I INDUSTRIAL TO CI COMMERCIAL INDUSTRIAL DISTRICT FOR LOTS IN NAPLES IMPROVEMENT COMPANY LITTLE FArd.IS ~2, DECKER tIIGIII.ANDS SUBDIVISION, TRAIL TERRACE SUBDIVISION, HOSEMAI{Y HEIGIITS ADDITION, AND ROSEMARY HEIGHTS SUBDIVISION; AND Fl{OH RS-4 RESIDENTIAL SINGLE TO CI COMMERCIAL INDUSTRIAL DISTRICT FOR LOTS IN ROSEMARY HEIGHTS ADDITION AND ROSEMARY }IEIGIITS SUBDIVISION; AND FROM I INDUSTRIAL TO RM-1A RESIDENTIAL MULTIPLE FOR A PORTION OF LOT 72 NAPLES IMPROVEMENT COMPA: LITTLE FARMS #2, AND BLOCK C CYPRESS WOODS ESTATES; AND~ COMPANY LITTLE FARMS #2, AND FROM A AGRICULTURE TO I INDU; :~.~~~,,,,' FOR PROPERTY IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST; AND FROM RM-2 RESIDENTIAL MULTIPLE TO RS-4 RESIDENTIAL S~F~LE C)~ --4 FAMILY FOR LOTS IN BLOCK 17 GOLDEN GATE CITY UNIT 2; AND~M CI CONNERCIAL INDUSTRIAL TO GRC GENERAL RETAIL COMMERCIA~OR -- LOTS 23 & 24, COLONIAL ACRES, AN UNRECORDED SUBDIVISION PROVIDING AN EFFECTIVE DATE: WHEREAS, The Coastal Area Planning Commission, petitioned the Board of County Commissioners of Collier County, Florida, to change the Zoning Classification of the real property here- inafter described known as Work Study Area No. 2. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY CO~x~ISSIONERS OF COLLIER COUNTY, FLORIDA: 1. Tho Zoning Classiciation of the horetnbelow described real property in Collier County, Florida, known as Work Study Area No. 2, is changed to various zoning cla~si'fications as hereinafter shown, and thc Official Zoning Atlas described in Ordfnanco No. 74-42 and 75-24 is hereby amended accordingly: Rezone A to I'C: W 2000' of the E 2560' of the S 850' less right-of-way SR-31 and right-of-way Seaboard Coastline R.R. Sec. 10, Twp. 49 S., ]{ge. 25 E. Rezone I to RM-1A: Block 6, Lots 9-33 of Naples Twin Lakes as recorded in Plat Book 4, Pages 52,53,56. Rezone RS-4 to RM-1A: Lots 28-32 Caribe Woods Subdivision Lots 1-3 Block G, North Naples Highlands Rezone RM-1 to GRC: E 165' of the N 136' of Lot 1 of Morningside Subdivision as recorded in Plat Book 3, Page 26. Rezone I to CI: (A) The East 130' of Lots 65,66,69 and 82 of Naples Improvement Company Little Farms as recorded in Plat Book 2, Page. 2 (B) Lots 1,2,3 of Blck. F of Decker Highlands Subd., as recorded in Plat Book 1, Page 80. (C) Lots 1-5, Block G of Trail Terrace Subdivision, as recorded in Plat Book 2, Page 94. (D) Lots 134, 136, 138, Rosemary }{eights Addition as recorded in Plat Book 1, Page 78. (E) Lots 135, 137 and 139, Rosemary }{eights Addition, a subdivision of Lot 80 Naples Improvement Company's Little Farms; and the following.portion of Rosemary Heights Subd., all of lot 39, and the following portion of lot 38; begin at the northeast corner of lot 38; run West along the south boundary of Rosemary Lane right of way 55.4' thence south 150' thence east 54.32' to east line of lot 38, then north to P.O.B. Rezone RS-4 to CI: (A) Lots 130,132,133 Rosemary Heights Addition (B) Commencing at NE corner of Lots 38 of Rosemary Heights Subd., run south along east lot line of lot 38 150' to P.O.B. Thence west parallel to the north line of lot 38 for 54.32', thence north 150' to the north lot line of lot 38, thence west 15', thence south 220', thence east 55.4', thence south 80.24', thence east 15' to the southeast corner of lot 38, thence north along the cast line of lot 38 to P.O.B. -2- (A) East 130' of I.ot 72 of Naples Improvement Company's Little (B) Ali. of Blk. C of Cypress Woods Estates Rezone RM-1 to RM-1A: West 1283 feet of the east 1413 feet of Lot 72, Naples Improvement Company's Little Farms. Rezone I~-i to ~4-1A: The West 2070' of the East 2200' and the North 150' of the East ].50' of the West 300' of Lot 82, Naples Improvement Company's Little Farms. Rezone A to I~ Parcels in Sec. 36, Twp. 49 S., Rge. 25 E. as described below: (A) SE¼,SW¼,SW%, less E 200' and less S 50' for right of way (n) E 510', N 730' (C) E½,SE¼,SE¼,SW¼'less right Of 'way (D) W½, SE¼,SE¼, SW¼ less right of way (E) E%, SW¼,SE%,SW¼ (F) W%, m'~¼, SE%, SZ% (G) S 280' of E~, SW%, SE¼, SE%, less 50' right of way (H) SE¼, SE¼, SE¼ less 50' right of way (I) S 660' of the E 250' of the W 1360' less S 50' right of way Rezone RM-2 to RS-4: Lots 11-20{ Block ....17~ Golden Gate Cit~ Unit #2 Rezone CI to GRC: Lots 23 and 24 of Colonial Acres, an unrecorded subdivision. SECTION TWO: 1. Penalty: A violation of any provision of this Ordinance is a misdemeanor and shall be prosecuted in the name of the State in the County Court by tho Prosecut].ng Attorney, and upon conviction shall be punished by a fine not to exceed $500.00 or by imprisonment in the County Jail not to exceed sixty (60) days, or both such fine and imprisonment. Each violation and each day a violation continues shall constitute a separate.offense. The Board of County Commissioners shall have tho power to collaterally enforce the provisions of this Ordinance by appropriate Judicial Writ or proceeding notwithstanding any prosecution as a misdemeanor. 2. Conflict: In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. This Ordinance shall not apply in any municipality within Collier County unless the municipality adopts a resolution or takes other official action requesting that the County enforce this Ordinance within the limits of its municipal jurisdiction. 3. Severance: If any phrase or portion of this Ordinance is for any reason ~eld invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 4. Liberal Construction: The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of the public health, safety, welfare and convenience. -3- 5. Effective Date: This Ordinance shall take effect upon receipt of 'notice Ghat is has been filed with th~ Secretary of state. Dated: SepCember 30, 1975 ATTEST: MARGARET T. SCOTT Clerk of the Circuit Court Deputy 'Cie. ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Steph~d G. M-i~chell, Chairman ApprQ~d as to.~6~'-~d-leoality: /Y'-- Collier County Attorney -4-