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Ordinance 2000-013ORDINANCE NO. 2000-! 3 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8516S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE WEST SIDE OF U.S. 41 NORTH APPROXIMATELY 1500 FEET SOUTH OF THE WIGGINS PASS ROAD INTERSECTION, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL TO "C-4" GENERAL COMMERCIAL; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Lisa H. Barnett of Cheffy, Passidomo, Wilson & Johnson, LLP, representing Benedict P. Miralia, 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 COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly described ~,~;gxbi~it "A" attached hereto and incorporated by reference herein, and located in Section 16, OF Township 48 South, Range 25 East, Collier County, Florida, is changed fi.om "A" to "C-4" and the Official Zoning Atlas Map Number 8516S, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions described by Exhibit "B". SECTION TWO: This Ordinance shall become effective when the EAR-based Amendments to the Future Land Use Element of the Collier County Growth Management Plan become legally effective as provided by §163.3189 (2)(a), Florida Statutes, commonly referred to as the Local Government Comprehensive Land Use Planning and Land Development Regulation Act. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this //~/~ . day of ~/~'_~X ,2000. · ~/i ;"':':'D"wIGHT'i~' BROCK, CLERK :: :2: :~':~.~i: ': /' ~"~'~ ;' ':..,.:.~, --/ -- / %"/,::/'~PpROVED AS TO EO~ A~ LEGAL S~FICIENCY MARNI M. SCUDERI ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER t~TY, FLORIDA G/admin/R-99-12/CB/ts EXH~IT "A" PARCEL NO. 1: That certain part of the E 1/2 of thc SE 1/4 of Section 16, Town~hip 48 South, Range 25 East, described a,s follows: Beginning on the W line of U.S, Highway 41 (Tamiami Trail) at a point 1480.3 feet S of the N line of said E 1/2 of SE 1/4 m~mn'ed along the W line of Highway and ~h line produced; then~ W at right angles 660 feet; thence S parallel with highway 132 feet; thence E at right angles 660 feet to highway;, thence N along W line of highway 132 feet to point of b¢~nning; containing 2 acres and adjoining the so-called Semler Tract on the South. PARCEL NO. 2: , That certain part of the E 1/2 of SE 1/4 of Section 16, Town~aip 48 South, Ran~ 25 East, de~n'ibed as follows: B¢~nning on the W lire of U.S. Highway 41 (Tamiami Trail) at a point 1612.3 feet S of the N line of said E 1/2 of SE 1/4 ~ along the W line of highway and such line produced; thence W at right angles 660 feet; th~c.~ S parallel with highway 132 feet; thencz E at right angles 660 feet to highway; thence N along W line of highway 132 fe~t to Point of Bo~nning, containing 2 acres, adjoining and on S ~ido of that certain tract dm~rribed in that ~ agreement of milo dated October 4, 1940 Imtween tho Naples Tropical Realty Company and David L. Hoguo and Bunico Hogue, his wife, said tract being parcel 1 described aforesaid. Less that parcel of property deeded to State of Florida for tho uso and benefit of tho State Road Department of Florida, Holland Building, Tallahassee, Florida. Exhibit B o o The developer shall be required to obtain a Roadway Connection Permit from the Florida Department of Transportation (FDOT) prior to the construction of the project's entrance. The developer shall be responsible for the construction of turn lanes at the project entrance as may be required by the FDOT. All required turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for the developments. These improvements are site related, and therefore, shall not be eligible for credit toward any road impact fees required by the Collier County Road Impact Fee Ordinance, No. 92-22, as may be amended. An environmental impact statement (EIS) shall be submitted for review and approval by the Environmental Advisory Council (EAC) at the time of site plan submittal. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and the Florida Fish & Wildlife Conservation Commission (FFWCC) regarding potential impacts to bald eagles. Unless a waiver is granted exempting the petitioner fi'om the requirement for an Archaeological and Historical assessment and survey, the petitioner shall comply with the guidelines and recommendations presented in the Archaeological and Historical assessment and survey. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Twentieth Judicial Circuit, Collier certify that the foregoing is a true copy of: Courts in and for the ~ ~ County, Florida, do h~m?b~ m ORDINANCE NO. 2000-13 Which was adopted by the Board of County Commissioners on the 14th day of March, 2000, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of March, 2000. .~..-' ~'~i~l i' .~ .',,, DWI HT E. BROCK Clerk of Courts and'~t;e~ . , '.'~:~ r~ ~ :.. . , Ex-officio to Board ~f.: '~&:,,...,,',., ~J.:~- County Commissione~s~ i".. By: Ellie Hof fman, -, "':' Deputy Clerk