Agenda 12/16/2008 Item #17E
Agenda Item No, 17E
December 16, 2008
Page 1 of 61
EXECUTIVE SUMMARY
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Recommendation that the Board of County Commissioners enact an Ordinance amending
Ordinance No, 87-55, as amended, Imperial Golf Estates, Phase V,
OBJECTIVE: That the Board of County Commissioners enact an Ordinance amending
Ordinance No. 87-55, as amended. Imperial Golf Estates, Phase V.
CONSIDERATIONS: This Executive Summary proposes to amend Ordinance No. 87-55, as
amended, to delete paragraph (stipulation) "w" as follows:
Vi, /.n emergene)' aeeess reaa is re~uirca, Eastwooa Dri..'e shall ee e8ntiImea Frem
Palm River ana intemeet ,':ita East hllflerial Drive in Imrerial Golf Estates, This
will enaBle the District to sreea up "merg"Be}' reSflUBS. tiFtleS iRts this area.
The basis for the requested amendment is the Board's finding on November 18, 2008, Item 12C
that the inclusion of paragraph/stipulation "w" in the present ordinance was in error, and was
inconsistent with the Board's approval of the ordinance on July 28, 1987,
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Specifically, staff (Planner Duane) stated on the record that stipulation "x" is no longer being
required. Stipulation "x", as presented in the Board's executive summary and related staff
report, was not stricken as stipulated by both stafT and the applicant's representative, Attorney
Baker.
Instead, stipulation "x" was made part of the approved ordinance 87-55 as stipulation "w".
Finding that the inclusion of paragraph "w" was clearly and unmistakably inconsistent with the
Board's approval, the Board on November 18, 2008 voted to strike stipulation "w" as an
unintentional scrivener' s error.
FISCAL IMPACT: None,
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is quasi judicial and as such requires ex parle
disclosure. Approval must be by supennajority vote, The proposed Ordinance was prepared by
the County Attorney's Office and is sufficient for Board action. -HFAC
STAFF RECOMMENDATION: That the Board of County Commissioners enact an
Ordinance amending Ordinance No. 87-55, as amended,
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ATTACHMENTS: Ordinance No, 87-55
Minutes of Bee meeting fi'om July 28, ] 987, item 6B I
Exeeutive Summary and backup, Bec 7/28/87 meeting, item 6BI
Letter ii'Oln NOrtJl Naples Fire Control and Rescue District dated 9/23/08
PREPARED BY: JetTE, Wright, Assistant County Attorney
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Agenda Item No, 17E
December 16, 2008
?age 2 of 61
COLLIER COUNTY
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BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
17E
Meeting Date:
Recommendation that the Board of County Commissioners enact an Ordinance amending
Ordinance No. 87-55, as amended, Imperial Golf Estates, Phase V
12/16/2008 9,0000 AM
Prepared By
Jeff Wright Assistant County Attorney Date
County Attorney County Attorney Office 11/26/20083:17:28 PM
Approved By
Heidi F. Ashton Assistant County Attorney Date
County Attorney County Attorney Office 11/26/20084:25 PM
Approved By
Jeff Klatzkow Assistant County Attorney Date
County Attorney County Attorney Office 12/3/20083:12 PM
Approved By
John A. Yonkos~,y Director of the Office of Management Date
County Manager's Office Office of Management & Budget 12/4/200810:46 AM
"..- A ppro\'ed By
James V. Mudd County Manager Date
Board of County County Manager's Office 12/8/20084:16 PM
Commissioners
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12/10/2008
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AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHEN-
SIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY. FLORIDA, BY AMENDING THE OFFICIAL
ZONING ATLAS MAP NUMBER 48-25-6 BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY
LOCATED APPROXIMATELY I MILE NORTH OF IMMOKALEE ROAD,
JUST EAST OF IMPERIAL GOLF "STATES. SOUTH 1/2 OF THE
SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, + 8zr~LS .. FROM A-2 TO RSF-) FOR 150
DIIELLI~G IJNrTt~..iil"'2ROVIDING FOR AN EFFECTIVE
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Baker,
petitioned the Board of County Commisstoners to ch4:nge Zoning Class-
Conhy
ORDINANCE B7- 55
:"\d~ncia Item r~o. liE
December 16, 2008
Page 3 of 61
representing
Whispering
Pines,
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tfleation of the hereinafter described real property;
NOli, THEREFORE BE IT ORD':'INED BY THE BOARD OF COUNTY COMMISSIONERS
...' OF COLLIER t:OtiI(TY; nORIDA<"
SECTION ONE:
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The Zoning Classification of the herein described real property~ 1s
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changed from A-2 to RSF-) and the Official Znning Atlaa Map Nuii,t.;;
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48-25-6, I1S described in Ordinance 82-2 1s hereby amended accordingly:
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South 1/2 of the Southwest 1/4 of Section 13,
Township 48 South.... Range 25 East, Collier County.
Florida.
SECTION TIIO:
This Ordinance shall become effective upon notice that it has been
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received by the Office of the Secretary of State.
DATE:
July 28, 1987
, ATTEST:
,~...; 1)I}~"~s. C.. GILES, CLERK
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APPROVED AS TO FORM AND
..LEGAL'SUFFICIENCY:
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R. BRUCE ANDERS N -
ASSISTANT COUNTY ATTORNEY
R-86-30C Ordin8nce
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ThIs ordlnonce flied wrrh !he
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Agenda item No, 17E
December 16, 2008
Page 4 of 61
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I, Franklin G. naker~'':J::nroet: or authorized agent for Petition
R-S6-30C, agree to tite f ',' tog stipulations request~d by the Collier
County Planning Comm1ssio in their public hearing on April 16, 1937.
a,
A site clenr1ng plan shall be submitted to tbe Natural Resources
Management Department and the Community Development Division for
their revlm,' anC: approval prior to any substantial work on the
site. Thin plan may be submitted 1n phases to coincide with the
development schedule. The site clearing plan shall clearly depict
how the finsl site layout incorporates retained native vegetation
to the maximum extent possible and how roads, buildings. lakes~
parking lqts, and.other facilities qav~ been oriented to
accQUmlodate this' goal. ~....' .......
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Native spec:les ehall 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 Cou.munity Development Divfsion"~:...-~
for their review Bnd approval. This plan will depict the ;,.d~
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 characteristic8
lost on the site during construction or due to past activities.
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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 reinvasion of the site by Buch exotic species. This.
plan. which will describe control techniques and inspection'
intervals. shall be filed ~th and approved by the Natural
Resources lianagement Department and the Community Development
DiviAion.
d. If during the COUTse of site clearing, excavation, or other
constructional activities, an archaeological or historical
site, artifact. or other indicator is discovered. all develop-
ment at that location shall be immediately stopped and the
Natural Resources Management Department notified. Development
will be suspended for a sufficient length of time to enable the
Natural Resources Management Department or 8 designated
consultant to aSBess the find and determine the proper course
of action in regard to its salvageability. The Natural
Resources Management Departmen~ will respond to any such
notification in a timely and efficient manner so as to provide
only a minimal interruption to any constructional activities.
!uO~ ern c:' 283
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i.'\O'2nda Item No. 17E
b'Jcernber 16, 2008
Page 5 of 61
e. Single family lot owners shall be required to obtain a tree
removal permit frn~ the NRMD prior to any land clearing. Lot
owners sho~ld .~v~ to maximize the retention of existing
native vegEtat '!~~~d tLJ to leave at least 50% of the
native hab1t8~ ""~li :
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f. Single fam~ly 1 ~t~ers shall remove all exotic plant species,
as defined by tounty Code. prior to lot development. Where
applicable. lot owners should consider planting resulting
denuded 8r~as with native plant species for habitst purposes.
g. Littoral ZoJDes along lake margins should be at a side slope
ratio of D~ less than 4:1 out to a depth of three feet from
mean lov vater levels.
h.
The Petitioner should investigate a program to reduce or
prevent the grQwt~ of cattaill (Typa latifolia) in the lit~ral
ehe~ zon~ of la~~a to be cQn.trUcted .~i~hin. t~:e p~oje.ct:' ~ '..:
Petitioner should consider vegetating at lea8~portionB of :.
littoral shelf zone with native species of aquatic plants (NRHD
vould be pleased to provide pertinent literature and/or
suggested species).
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1. Under the threat of destruction due to development. all -....-..
protected plant species must be transplanted into undisturbed,
preserve firea8 or areas subject to the approval of NRMD.
Plants will be recognized 88 protected if listed in the
"Official Lists of Endangered Fauna and Flora of Floridall
(compiled by the Florida Game and Fresh Water Fish Commission)
or any other county) state. or fp.deral lists that are offi-
cially re~ogn1zed for the protection of plant and/or sn1mal
species. Plant species to be transplanted include, but are not
limited to, the folloving: creeping orchid (Habenaria
odontopetal8), butterfly orchid (encyclia t8mpensls). air
plants (Tlllandsia spp.). golden polypody fern (Phlebodium
aureum). All transplsntlngs must he performed by qualified
personnel subject to approval by NRMD.
j. The 3.1-3.5 scre cypress wetland in the north~a8tern corner
shall be preserved. Prior to any development of surrounding
lands the preserves shall be flagged; flagging boundaries shsll
be verified by NRMD. and all exotics removed.
k. 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 {s granted by the County
Engineer.
1. An Excavation Permit viII be required for the proposed lake in
accordance with Collier County Ordinance No. 80-26) as amended
by Ordinsnce No. 83-3, and as may be amended in the future.
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Agenda item No, 17E
December 16, 2008
Page 6 of 61
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The development will provide for a connection to the prcposed
extension of Livingston Road and remains part of the North
~:~i~:i~;;: ::~~cu:ren~~~~Vided,Ior in the Ordinance an~ tha
The connection, -s ~l~tln Road'\dl1 serve both the neW'
development and,~~: the :exlstlng properties in Imperial Colf
Estates. As a ~~lt of serving the purpose of access for the
proposed d~velopment and existing development, it should creat<<l
a long-term major access for services to include EMS. fire and
related em~rgency services.
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o. As currently proposed, the subdivision will not impact the
roads iu Palm River and no functional access to Cypress Way 1s
planned.
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From 8 circu18~1on standpoint, adequate provisions are being,
made' for lfollector road connectiOns ;to~ Ltv1ngston ~oad and ~ '.-:-
should benefit both the deve.lop1l,e:nt ariU those bimets: ob EaB1::'.
Imperial Drive.
q.
The petitioner shall cooperate, if possible, to expedite I
construction of Livingston Road, which mayor may not Includ~:
provic.1.ng interum financing for all expenses and interest. ~~~:::~
which would be reimbursed by the County upon the road's
completion.
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r. The petitioner shall investigate alternative access (e.g.
F.P.& L. easement) for construction traffic exceeding 5 tons.
All other traffic under 5 tons may use Cypress Way.
s. The ~tilities Division memo dated December 2. 1986. attached.
t. Any establishment requiring a CCPHU permit must 8ub~lt plans
for review and approval.
u. Any development in this area to be rezoned shall be required to
obtain Subdivision Master Plan approval prior to any
construction.
v. The existing 6" vater line running down Eastwood Drive in Palm
River be ~onnected to the new 8" vater line you are installing
on Esst Ilcperial Drive in Imperisl Golf Estates. This will
give 8 lO'Jped water system, and improve the water supply for
the northern section of the District.
w. An emergency access roed 1s required. Eastwood Drive shall be
continued from Palm River and intersect with East Imperial
Drive in Imperial Golf Estates. This will enable the District
to speed up emergency response time into this area.
lOOK 027 r" 285
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Two (2) fire hydrants be relocatrd. (The Petitioner 1s to
contact the North Naples Fire DistrIct for detailed
information.) ~.
No more than .-.:I;~r~ ~e 150 ~wel11ng units be permitted to
be constructed a~ to the completion of Livingston Road, and
after that elm' ~~constructlon traffic be required to~accei,..
through Livings on Road. ..,.'::.... . ''''>,;...;
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SWORN TO AND SUBSCRIBED BEFORE HE THIS
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MY COMMISSION EXPIRES:
R-86-JOC Ag:'eement Sheet
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NOTARY
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Agenda Item No, 17E
December 16, 2008
Page 8 of 61
STATE Of nOR IDA
COUNTY OF COLLIER
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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-~5
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~hicP was adopted by the Board of County Comm1ssio~ers on ,he 2Bth
day of July. 1987 du~ing Regular Session.
WITNESS my hand and the official seal of the Board of Couno/. :
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Commissioners of Collier County, Florida, this 3rd day of
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August, 1987.
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Ex-officio to Boa.r'ji"of ,or,' :1
22:ount ommlssiOA.ers, ,'.;" ~ . ",".'
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By: V rginia Magz::1. ," ._:.~,.".' :: :": -':
Deputy Clerk~ ' -",;:, ,,' r:,f,; ;,.;,
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Naples, rlorjd~, July 28, 1907
LET IT DE REr.\Er-mEREO. that the Doard of county Commissioners in
and for the Counly of Collier, wnd also acting a9 the Doard of Zoning
Appeels and as the governing board(sl of such special districts as
have been created according to law and having conducted business
herein, met on this daLe at 9:00 ^.M. in nEGUL~n SESSION in Uuilding
"F" of the Government Center, Cast Naples, florjdo, with the
following members prescnt:
CHAIRMAN: Max A. IJaSSo, Jr.
VICE-CHAIRMAN: Arnold Lee Glass
John A. pis tor
Burt L. Saunders
Anne Goodnight.
ALSO PRESENT: James C. Giles. Clerk; John Yonkosky, fina~ce
Director; Beverly Kucter and Virginia Magri, Deputy Clerks; Neil
00rci11, County Manager; Tom Olliff, ^s~istant to the County Manager;
Ken Cuyler, County Attorney; Tom Crand~ll, Utilities Administrator;
C~orge Archibald, Public Works ^dmini~trotor; Kevin O'Donnell, Public
Serv~ce~ Admini5tr~tor; Ann MCKim, planning/Zoning Director; Robert
Duane, Planner; Leo Ochs, Administrative Services Administrator;
Nancy I5rael~on. ^dministr~tive Assistant to the 13oard; and Deputy
Chief Ray Oarnett, Sh~riff's Department.
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JULY 28. 1987
Tape '1
Itetll 13
~GEND~ AND CONSENT ~GEND~ - APPROVED WITH CHANGES
commissioner Saunders moved, secon~ed by Commissioner Goodnight
and cDrrie~ unanimQusly, that the a9onOa and consent ftgen~a be
approved with the followinq chanqes:
Item #9Fl
r~cvic"" of options regarding funding request by
Collier County Economic Development Council - to be
heord at 11:00 a.m.
Item ,,14n3
Repeal of Resolution 86-112 which created a
TeChnical Advisory Committee foe Master Plan of
!mmokeleG Airport - Deleted
Item ft14Cl
nccording of agreement. for deeds for prearranged
burial Jots at Lakt!! Trafford Memorial Gardens -
moved to IL~m N14D6
Item #14G2
Execution of deeds for burial lots at Lake Trafford
Memorial Gardens - moved to Item #14B7
Item fSA
EHPLOY~E SERVICE nWARD - pnESENTE~
Chairman Hasse present~d Employee Service ^ward to the
following employees:
William wagner
Emergency Manogement
5 YC!l.
It-em '691
ORDINANCE 87-55, PETITION R-86-30C, CONLEY , B~KER REPRESENTING
WHISPERING PINES, INC., REQUESTING A REZONE FROM ~-2 TO RSF-3 -
ADOPTEO WITH STIPUL~TIONS
Lagal notice having b~en published in the Naples Daily News on
June 26, 1987 as evidenced by ^ffidavit of Publication filed with the
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JULY 28. 1907
Clerk, publiC ~earin9 ~as opened to consider an amendment to the
Comprehensive Zoning Regulations by ch~nging the 70nin9 cl~ssification
of property locoted ~pproKlmately mile north of Immokalec Road, just
east of Imperial ColC r.statcs.
planner Duane stated that this petition 1s a continuation of a
request previously heard by the Board for 0 re~one allowing ISO
dwelling units on properly which consi5t~ of approximately 02 acres.
He said that lands Lo the north, east and south arc undeveloped and
lands to the west contain a lake, golf course, and single-family
dwelling uni ls.
Mr. Duane advised that the cepc recommended denial on this peti-
tion and the unresolved issue was access to the development. fie
stllted that since that time the petltioner has met ""lLh lho Impedal
Golf Homeowners Association and they have rCached an agreement. He
stated thllt the Board needs to determine whether the petitioner will
be required to dedicate land ~o extend ^irport Road. tic said that
Public Works Administrator ^rchibold will discuss the merits of
vacating the right-or-way and diverting the capacity of Airport Road
and adding additional lanes to Livingston Road.
!-Ie. Duane stated that the petilion is i.n compliance with the
Comprehensive plan and the petitioner has agreed to all Staff stipulo-
tions with the added stipulation that no more than one-half of the 1S0
dwelling units proposed will be constructed prior to the completion of
Livingston Road.
tC", 105", 617
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JULY 20. 1907
1n answer to Commissioner Class, Mr. nuonc stated thllt Stipuletion
"x" is no longer being required by the Fire Dcpc!!lrtmcnt, since access
through Impeci~l hos been resolved.
Attorney Frank Bilker, representing whispering pines, Inc. stated
that the emergency access on Eastwood Drive in Palm River will no
longer be ncecssnry bcc~usc lhey will hnvc ~ new [ire stlltion near
Livingston Road and lhat BCCCSS will be sufficient. fie stated thllt
they have met with the lmpcrial Colf Estates l1omeowners Association
lInd reached an access agreement. lie stated that in the lIgreement the
petitioner has agreed to certain conditions. lie outlined those con-
ditions as: 1) heavy equipment will use an alternate route ~nd 2}
access through Imperial Golf Estates will not be used until Livingston
Road is in place. _'
Mr. Baker stated that many people feel that ^irport Road should
not be extended. He said that if Airport Road were to be extended
straight north it will go through a very sensitive existing cypress
heaci and permits ....ill be difficult to obtaln. lie stated that
Livingston Road will turn and pick up the corner of the petitioner's
property and ....ill be ....ithin i mile of the ^irport Road extension.
In answer Lo Chairman 1I/'155e, Mr. Oaker stated they have sevcral
options on the access [or heavy equipment. He slliid thllit one option is
to seek approval to go through Quail Crossing and" the other is to use
the current utility easement systems. He noted that once the he.!lvy
equipment is in place lL Wll1 remain on the property. He also noted
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that any private right-of-woy which is not npproved, will not b~ used.
Commis~ioner pistor asked Mr. O~kQr if it m~y be p05~iblc to work
Que somethin9 wiLh the d~vcluper and the County Lo get Livingston no~d
started imm('ciatcly. lie said they could then use Livingston Road for
the heClvy equipment and no one would be inconvenienced. Mr. Daker
stated that it is not his money, however, if some sort of a rebllte
could be worked out for the front cnd money, they may be able to work
out something to get Livingston Ro~d star ~d.
Mr. Jack Jenkins, flresident of the Palm River tlomeowners
Association, sta~cd they are concerned Boaut hc~vy equipment and
construction traffic being routed on Cypress way East through Palm
River. He stated that in order to use Qu~il Crossing, it is necessary
to enter Palm River. lie pointed out that no truck traffic is allowed
on the bridge in Palm River at the present time.
Chairman Hasse stated thDt it appears that the petitioner will
either be disturbing the residents of Palm niver or I~pcri~l Golf
Estates and he is not happy with either solution.
Mr. Lloyd Sheehan, petitioner, stated that they have an agreement
with the Palm River Golf Course i\ssocio!ltion to I!Iccess through the pro-
perty containing their maintenance building. Mr. Jenkins stated that
they arc speaking about two di[[ercnL pieces or property. lie said the
property in question docs not contain the golf course maintenance
building.
TApe 12
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JULY 20. 1907
In answer Lo Commissioner Class, Mr. Archibald stated that the
limits on truck LrarriG cn the Palm River Bridge on !mmoklllee Rooel
were imposed due to the approaches. He stated that" few trucks over
8 period of time will nol o.f[cct the bridge. however, if there were
going to be a lot of haul ing, it would ne9~tivaly affect the brid9~.
Mr. Baker explained that the initial heavy equipment will remain
on their property and the only other traffic will be workers going to
and from .....ork. lie stDled '~hllt if the doy to d.!lY working t.raffic is
allowed to access Lhrough 1181m River to Quail Crossing. they will
agree to take the heavy equipment in through the rlorldo Power & Light
easement off Immoka lac Hoad.
Mr. Jenkins 5t~ted they don't object to regular d~y to day traf-
fic. os long as the heavy equipment will not be taken through Palm
River. He inquired as to who~ type of road will be put in through
Quoil Crossing, statir.g their objection to a dirt rood.
Mr. Archibald steled that a permit is r~quired for the road which
will exit Cypress Way CasL ~nd the County will hove control over what
is used.
In answer to CommiSSloner Glass, Mr. Archibald stated that
Livin~ston Rood will be important in the short term as well as the
long term. lie said that in the future there is the possibility of
this road being <1-1ancd and possibly 6-laned. fie stated the problems
associated with extending Airport Road are that permits will be very
difficult to obtain and iL is also not practical. He outlined the
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JULY 28. 1987
~re~ on a ~~p showirg that the extcn9ion DC Airport no~d would be in
very close proximity ~o Livingston Ro~d.
Mr. ^rchibald stated that it is preferable to extend ^irport Road
just ~ little end curve it to tie into Livingston Rood. He said, if
more northern routes arc nceded in 30 years, Goodlctte~Frank Road
could be extended north of lmmokolcc Road. lie stated that the distant
go~19 can still be mcl without the extension to ^irport Road. In
enswer to Commissioner Pi~tor, Mr. Archibald also stated that there
ere also hous~s along Lhc section lines involved with extending
Airport Road.
Mr. Archibald then recomm~nded that the Board consider the addi-
tional lanco to Livin9~ton RODd.
Mr. Edward Malone, representing the Imperial Golf Estates
lIomeowners Association, stated that I!l[ter several meetings with the
petitioner, the ^ssociation has voted, by a margin of over 70\, in
favor of the agreement.
commissioner Olass move4, seconded by Commissioner Goodnight and
carried unanimously, that the public hearing be closed.
TApa . 3
Commissioner Glas~ moved, seconded by Conmis~ioner Plator and
carried unanimouslY, that the ordinance AS numbered and titled below
be adopted and entered into Or~inance Book No. 27 with the tallowing.
stipulations:
1. All statt Stipullltions
I;,' 105" 621
1\1.... 17j::
paq8 7
~"" 105'1'.622
JULY 28, 19B7
2. l1eavy equipment bl) brought to the property through the
F.?' L easoment.
3. cay to day traffic usinQ Cypress ~ay, East he limited to S
tons.
4. ~ right-of-way for Airport Road is not to be leviea against
this developer.
S. It is request.ed that the petitioner meet with BtaU: to expe-
dite the construction of Livingston Road.
ORDIN~NCE NO. 87-55
AN ORDINANCC AMCNDING ORDINANCC 82-2 THe
COt-1PRcm:NSTvr: ZONINC REGULATIONS FOR THE
U~lNCOR\'OU^1'cn ARf.A Of COl.I.JCfl COUNTY, fLORIDA, DY
^,,1r::ND] NG "f1ll:: OffICIAL ZON!NG ATLAS MAP NUMOER
~B-25-6 BY ClIANCINC TlJE ZONING CLASSIFICATION OF
TilE: IIfHEtN OF-SCRIBED PROPERTY LOCATED APPROXIMATELY
1 r-lILE NOHTI! or IMMOKALEE ROAD, JUST EAST or
!MPr.n tAL COLF ES'l'ATES, 50U'1'II 1/2 OF '1'lIE SOUTHWEST
1/-1 OF' s~:c'rION 13, TOWNSIHP 118 SOU'l'lI, RANCE 25-
EAST, :!:. 82 ACRES, FROM ^-2 1'0 HSF-) FOR 150
DWELLING UNITSi AND OY PRQV1DINC fOR AN ErTCCTIVE
DATE.
Item '6B2
Se. pages' t, 7 i - &, ?!
ORDINANCE 87-56, PETITION R-87-SC. YOUNG, VAN ASSENDERP, V~RNADO~ AND
BENTON, P.A., REPRESENTING PORT or THE ISLANDS, INC., REQUESTING ~
REZONE FROM C-4 TO RMF-16 FOR MULTI-FAMILY UNITS - ADOPTED
Legal notice h.,ving been publiShed in the Naples DllIily NCW9 on
June 26. 1907, 05 evidenced by Affidovic or Publication filed with the
Clerk, public hearing w~s opened to consider an omendment to the
Comprehensive Zoning Hcgulalion3 by chlllnging the ~oning classification
of property located on the east side of Newport Drive ~pproximately
1,500 feet south o[ u. s. -1J.
Planner Duane sl~tcd that this request to rezone a .55 acre tract
Page 8
-
-
-
A(lCl rI
"' v
__'.""~<n__
EXECUTIVE SUMMARY
,.:':..genda Ii.ern No. ,/E
D,cc'Jclber 16, 2008
Page 17 of 61
I
PETITION R-86-30C, CONLEY AND BAKER REPRESENTING WHISPERING PINES, INC.,
REQUESTING A REZONE FROM A-2 TO RSF-3 FOR 150 DWELLING UNITS FOR PROPERTY
LOCATED APPROXIMATELY I MILE NORTH OF IMMOKALEE ROAD. JUST EAST OF IMPERIAL
GOLF ESTATES IN SECTION 13. TOWNSHIP 48 SOUTH. RANGE 25 EAST, ~ 82 ACRES.
OBJECTIVE: To rezone the Bubject prop~rty to allow for the developm.nt
of 150 oingle f&mily dwelling unito.
CONSIDERATIONS: Lando to the north ond eaot arB zoned A-2 and A-2ST,
Londo to the oouth or. zoned A-2 ond RSF-3 (Polm River). Lando to the weot
arB zoned RSF-3 (Imperial Golf Eotatao).
Lands to the north, east and south are undeveloped. Lands to the west
contain a lake, golf cour.e and single family dwelling unito,
Steff haa determined the project to be in compliance with the Comprehenaive
Plen.
The applicant 1s proposing to take one of this project's two access po~nt8
to the proposed development off Imperial Golf Boulevsrd. in Imperial Golf
Estates. At 8 later date, the primary access to the proposed development
will be off Livingston Road which .hould be completed by 1989,
;.~.
There has been a great deal of opposition to the proposed d~velopment
accessing through Imperial Golf Eatates which currently has only une access
point into the .ubdivision from U.S. 41 onto Imporial Golf Boulovard.
Generally having two access poInts to developments and connecting adjace~t
dev.lopments are eccepted planning practice.. The rationale for this ie to
provide alternate routes in case of emergency and to shorten travel
distances. Such practices are reflected in the current subdivision
regulations, which require such connections under c~rt8in circumstances.
,
,',
t,1.
"~il. there aro merits to both permitting acceoo and not permitti~g
access through Imperial Golf ERtates for the proposed development,
the Staff recommendation i. to permrt_ouch acceos vith the following
provia1on:
or
.L
);'
Thot no more thsn one-ho1f of the 150 dwelling units proposed be permitted
to be conotructed prior to the completion of Livingston Road. and aftor that
time all construction traffic be required to acce.. through Livingston Road.
The ataff is oware thst this will temporarily result in en increasa-i
vehicular and conltruction traffic through Imperial Golf I AGE
E.tatao, but, in the long run. will result in a mor. efficient and
a.f. circulation system, offering advantage a to both devalopments
Th. following faccors support tha ateff pooition.
J
,c\genda Item No. 17E
December 16, 2008
Page 18 of 61
unite, if they are developed prior to the construction of
Livingston Road, will not significantly increaae traffic
volumes,
2.
Whan Livingston Road is construct~~, it will likely be used not
only by residents of ths proposed development, but residents of
Imperial Gulf !states, thus potentially reducing traffic from
Imperial Gulf !states onto U.S, 41
3.
This will e1so ahorten travel times to areas of Naples eaet of
U.S. 41, and provide a safer route to shopping and employment
arese, in addition to an additional point for emergeney aecess.
4,
The Declaration of Covenants for Imperial Gulf Estates does not
expresely prohibit the addition of lands to the subdivision,
While th. County does not enforce such declarations, the deed
restrictions make provisions for additional lsnd under Article
IIt Section Three, which notes that the Developer may, from
time-to-time, sdd contiguous property to the declarstion.
In eddition, the deed restrictions in Settion 1 of Article III
entitled "Property Owners Rights" nota the following:
"SUBJECT HOIIEVER, to a reservation hereby perpetually reserved
to the Developer, its successors and assigns, of the right to
use and enjoy the same non-exclusive common utility easements,
easements of drainage, and ingress and egress essements for the
benefit of Additional Lands owned and to be owned by the
Developer located in Sections 13, 14, end 15, Township 48
South, Range 25 Esst, Collier County, Florida, ss well aa for
the benefit of all other Lands comprising IMP!RIAL GOLF
ESTATES,"
"
.'
.
.
In summary, the Planning Staff and the Public lIorks Department are both
rscommsnding thst the proposed development be permitted access through
Imperial Gulf Estetes with the provision that no more than 75 dwelling
units be cnnstrutted prior to the completion of Livingston Road and that
conatruction traffic not b. permitted to use Imperial Gulf Boulevard
~fter that time, (See attached Public lIork. comment. a. part of back-up
information) ,
......,
\"
~,
Staff and all appropriate C9Unty agencies reviewed thie petition and had no
objection to its approval subject to the following stipulstions:
a, A site clearing plan shall be submitted to che Natursl Resources
Mansgement Depsrtment and the Community Development Division for
their review and epproval prior to any eubstantiel work on the
"GEN2-?o l\E~\
NO.~
U(){)( If)
JUL 2 8 8Ulf'.
":ll"";"'.::.
"
2
l'
b,
c,
d.
e.
f.
g.
tlgenda item rio. liE
Dec9rnber 16, 2008
Page i9 of 61
aite, This plsn mey be aubmitted in phaaea to coincide with the
development achedule, The aite cleering plan ehall clearly depict
bow the final site layout incorporAtes Te~a1ned native vegetation
to the maximum extent posaible and how :~ada. buildinga. lakea,
perking Iota. and other fecilities ha... been oriented to
accommodate this goal,
Native species shall be ut111~edf where available, to the
maximum extent possible 1n the site landscaping design. A
landecaping plan will be submitted to the Natural Reaources
Management Department and the Community Development Division
for their review and approval. Thia plan will depict the
incorporation of native speciea and their mix with other
speciee, if eny. The goal of site landscaping shall be the
re-creation of native vegetation sno habitat characteristics
lost on the site during construction or due to past activities.
All exotic plants, 8S defined in the County Code, shall be
removed during ench phase of construction from development
areas, open space areas, and preserve areas. Following site
development a maintenance program shall be implemented to
prevent r~inva8ion of the site by such exotic species. This
plan. which viII describe control techniques and inspection
interval a , shall be filed with and approved by the Natural
Resources Management Department and the CammuL1ty Development
Division.
If during the course of site clearing, excavation. or other
constructional activities, an archaeological or historical
sice, artifact, or other indicator 1s discovered, all develop-
ment at that location shall be immediately stopped and the
Natural Resources Management Department notified. Development
will be suspended for a sufficient length of time to enable the
Natural Resources Management Department or a designated
consultant to 88S8S8 the find and determine the proper course
of action in regard to its selvegesbility. The Nstural
Resources Management Department will respond to any such
notification in 8 timely snd efficient manner 80 as to provide
only 8 minimal interruption to any conotructiooal activities.
Single family lot owners ~sll be required to obtain a tree
removal permit fr~ the NRMD prior to any land clearing. Lot
owners ahould strive to ~aximize the retention of exiating
native vegetation and should try to leave at least 50% of the
native habitat intact.
Single family lot ownera shall remove all exotic plant epecie.,
e. defined hy the Councy Code, prior to lot development. Wbere~-
applicable, lot """ers should consider planting resulting ,.)A(I r5,M \
denuded areas with native plant species for habitat purpo~~..~ t))(~
Littoral zonee along lake margins should b. at 4 Bide slope . ';~:;;,-t-
ratio of no lea. than 4:1 out to a depth of throe fe.t fr~L 2a.iJH,'v,;
'.., ; .,. ~. ';
..1.> '
3
()()OU7
. .l'.'
,
I
i
L
-
Agenda item No.1 IE
December 16, 2008
Page 20 of 61
mean low vat~r levels.
h. The Petitioner ehould investigate a pr~gram to raduce or
prevent the growth of cattails (Typa i'tifolia) in the littorel
sh.lf zone of lakes to b. con.truct~d within the project.
Petitioner should consider vegetating at least portions of
littoral shelf zone with native species of squatic plants (NRMD
would be pleased to provide pertinent literature and/or
suggested species).
1. Under the threat of destruction due to development, all
protscted plsnt species must be transplsnted into undisturbed,
preserve sress or sress subject to the approval of NRMD.
Plants will be recognized as protected if listed in the
"Official Lists of Endangered Fauna and Flora of Florida"
(compiled by the Florida Game and Fresh Water Fish Commiasion)
or any other county, state, or federal lists that are offi-
cially recognized for the protection of plant and/or animal
species. Plant species to be transplanted include, but are not
limited to, the following: creepinR orchid (Habenarie
odontopetala), butterfly orchid (encyclia tampensia), air
plants (Tillandaia spp.), golden po1ypody fern (Phlebodium
aureum). All tranaplanting. muat be performed by qualified
personnel subject to approval by NRMD.
j,
The 3.1-3.5 acre cypress wetland in the north~a8tern corner
shall be preserved. Prior to Bny development of surrounding
land. the preaerves ahall be flsgged; flagging boundaries shall
be verified by NRMD, and all exotics removed.
k.
Detsiled site dralnege plsns shall be submitted to the County
Engineer for review. No construction permits shall be issued
unless and until approval of the propo~ed construction in
accordance with the submitted plans is granted by ths County
Engineer.
1.
An Excavation Permit will be required for the proposed lake in
accordance with Collier County Ordinance No. 80-26, ss amended
by Ordinance No. 83-3, and ae may be amended in the futurs,
m,
The devalopment will provrde for a connection to the proposed
extension of Livivgston Road and remains part of the North
Naples MSTU as currently provided for in ths Ordinancs and the
preliminary aassssment r~ll.
n.
The connection to Livingaton Road will servs both the new
devalopment and alao the existing properties in Impsrial Golf
Estatea. As a result of .erving the purpoaa of eccese for the
propos ad development and sxisting development, it should creata.
a long-tenn major acceu for sarvices to include EMS, fire andillJ'(;: 'il''')
related emergency services. I~O. ~~!?_..K'_
Aa currently proposed, tha aubdiviaiou will not
,,"roue in Palm River and no functionel ecce.. to
:,'4'i'
'1..,
Ii.
-A'<ih
o.
4
----..,-...'.'.----.----
A;]311::a i1em r'.Jo. liE
December 16, 2008
Pa,]e 21 of 61
planned.
p. From a circulation 8~andpo1nt. adequate provision. are being
made for collector road connection. to L~v1ng.tOD Road and
should benefit both the development 8r.~ those owners on East
Imperial Drive.
q. As currently proposedJ the lot layout along the western
boundary of the development allows for the acquiaition of
future road right-of-way without adversely affecting the
remainder of either the proposed development or the existing
development within Imp.risl Golf Estat.a, Currently, thie
office has conceptual plana for extending Airport Road from
C.R. 846 northward, Due to conaideration of existing
developments, future limited usage. and environmental
p.rmitting/alignment constraints, it is extremely questionabla
whether the roadway extension would be necessary in the distant
future; and, if necessary, if it would provide enough service
so as to justify tha expenditure.
r, Livingston Rosd, scheduled to be constructed by 1989, be
utilized aa the main entrance to the project until Airport Road
is extended northward.
8. The petitioner shall dedicate 150 feet of the western edge of
the project to the County to accommodate the Airport Rosd
extension.
t. The Utilities Division m~mo dated December 2. 1986, attached.
u. Any estsblishment requiring a CCPHU permit must submit plana
for review and approval.
v, Any development in this area to be rezoned shall be required to
obtain Subdivision Master Plan approval prior to any
construction.
w. The exiating 6" water line running down Eaatwood Drive in Palm
River be connected to the new 8" water line you are installing
on East Imperial Drive in Imparial Golf Estatea, Thia will
~ive a looped water syate~,-and improve the water supply for
the northern sect~n of the Diatrict,
x.
y,
I
i':,Clsnca i:srn ~~o. 'i IE
Decernb9r 16. 2008
Page 22 of 61
after that ti~e all construction traffic ba required to aCCeaa
through Livingston Road.
The Colliar County Planning Commission (CCPC) held thair public hearing
April 16, 1987 and forwarded Petition R-86-~OC to the Board of County
Commiasiona with a recommendation (6/2. Corley and Johnaon oppoaed) of
danial. The CCPC stated the proposed lsnd usa is compatible with
aurrounding land uaaa, However, the existing infraatructure ia
inadequete, ths needed infraatructure ia not yet in place. and the proposed
development would impoae an adverse impact upon existing privately
maintained roada,
At the CCPC hearing 15 persons epoke in oppoaition to the petition atating
the following objeccions(concerns:
The proposed project will have negative road and traffic impacts
upon the adjacent subdivisions (Palm River and Imperial Golf Estates),
Existing flood problems will be sggravated.
Water supply and pressure problema will be woraened.
Road connections with sdjacent subdivisions will leasen privacy and
sacurity.
The EMS response time is adequste without providing another accee.
route through the adjacent subdivisions.
A secondary accesa through adjacent subdivisions will not be needed if
Airport Road Is extended north.
Approving this development may lead to additional phases,
The developer's reputation ian't good.
The infraatructure needed for this project is not in pIece.
Th. developer implied (explicitly or implicitly) there would only be
four phaaea of development.
One peraon spoke in fsvor of the pefltion stating the property owner haa a
right of reasonabla U8e~ a fecondary access is needed for emergency services.
and the water supply/pressure problem will be resolved in the future when
the County expar.~e its utilities,
Seventy-aix (76) letters and one petition with over 300 signaturea have
been received expressing various objections and concern. 4S Doted above but
.mphaei%ing objection. to the acc..e connection. the 10.. of security antm-d,..'. 'ft .
privacy, and the development of Phaae V after being told there would on1 .~I I
b. four pheaes of development, ,'10. I
Not applicabl..
!:..::;Ti \JD. ^-.~
16. ~:::'~<:3
23 ur 61
RECOMMENDATION: Th~t the Board of County Commissioner a deny Petition
R-86-30C per CCPC's recommendation,
PREl'ARED BY: 74C--/40.
REVIEWED BY: ~~~
~r' ,~=--.J -x'd)
iJ ,:;;
COMll,DEV,ADMIN: U, '-1' <..:ell/?;, y
(k"~;l.
On' !
4^<>A 7-
Date' /
/
;/22.../ f '7
Dstel I
111, /lJ. 7jzf
COMWJNITY DEVELOPMENT DIVISION
R-86-30C Ex,Sum Whisper Pines
or
G; (B)(/)
"
,tc,gS!T::a Item hlo. 11E
O'2cernber 16, 2008
Page 24 of 61
PEnnON NUMBER
R
86
30C
rATE
APPLICATION FOR PUBLIC HEARING
fOR
REZONE AND PROVISIONAL USE REQUESTS
'.
CONNUNITY DEVELOPMENT DIVISION
PLANNING DEPARTIIENT
I,
Name 01 Applicant(s)
~HTSPERING PINES. TNr..
Applicnnt's'Mailing Acdress
5600 North Tamiami Trail
City
Naples
Zip
33963
Florida
State
Applicant's Telephone Number: Res.:
597-3966
Bus. :
597-3966
Is the applic~nt the owner of the subject property?
Yes
x
(a) If applicant is a land trust, so indicate and name beneficiaries below,
~ (b) If applicant is corporation other than a public corporation, so indicate
and name officers Jnd major stockholders below.
(c) If applic~nt is a partnership, limited partnership or other business
entity, so indicate and name principals below.
(d) If applicant is an owner, indicate exactly as recorded. and l~st all
other owners, if any.
",~"".,....,.. .....-..
(e) If ~pplicant is a lessee, attach copy of lease, and indicate actual
owners if not indicated on the lease.
x (f) If applicant is a contract purchaser. attach copy of contract, and
indicate actual owner(s) name and address below.
IbJ officers and major stockholder~-Lloyd G, Sheehan, Norma J.Sheehan,
~ or
Daniel E. Conley, If) Owner is Rohert M.Recd, II, Trustee
(If r?3CQ is inndcquatc. ~tcach on Bcpar~tc p~ge.)
2,
Franklin G. Baker
Firm
Conley & naker
Name of Agent
.,
Alents Hailing Address
5600 North Tamlami TraIl
'Naples
noridll , :ZiP~I)
,597~7,lB4:(I?.I:1~ .0. I
'J "
!:t;
State
City
Res,; 597-1425
nus. :
.'. .1 ('. ,,-1-. 1.- ,~ I ',fl ;
. ~ .'~~:.~-_.~!.--- ,~-~ ~.. ,";'.'.:.'_:--, . -.: .,.:... ---
"
No
::~:r:l :'~:J. 1 ~'E
'6.2CiC.3
Pc1q8 25 'Jf 61
3. DET.\ILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space i,
in~dequat~t attach on sepa~atc page. If request jnvolves change to more than one
zoning district, include 5ep~rat~ legal de5cript~on tor property involved in each
district. If property is odd-shaped, submit b'"r (4) copies of survey (I" to 400'
scale).
THE APPLICANT IS RESPO~SIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS
ARISE CO~CERNING THE LEGAL DESCRIPTION, AN E~GINEER'S CERTIFICATION SHALL BE REQUIRED.
SECTlO~
13
RAliGE
25 East
48 South
TO\olNSHIP
South 1/2 of Sou:hwest 1(4
4.
Size of property
1320 ft. X
2640 ft.
Acres
80
5. Addross or location of subject propc['ty East of TmDerinl Golf Estates. North
of Palm River
6.
Existing land elevatlnn
12
County Flood Criteria Elevation
12
7,
Dato subject prope['ty'acquired ( ) or loased ( ):
, 19
Term of lease - yrs.!rnos.
a.
day of
b. If, Petitioner has option to buy, indicate date of option: 5/17/An
and date option teminates: 4/30/87
B. Does property C~~cr o~n contiguous property to the subject property? If so,
give completo legal description of entiro contiguous property. (If "pace i. in-
,'" "adequate, attach on separate page). No. Applicant, however, is developer of,
Imperial Golf Estates, Phase IV, Plat Book 13, Page 104, which is
contiguous.
9. THIS APPLICATION IS I~,rE~:DED TO COVER: (Check which type of petition ,you are
requesting): or
-L A. REZO~H:G: PRESE"r ZONU:G
REQUESTED ZONING
^
R FOR
I~':' ~I~~( ~)
B. PROVISIONAL USE
OF
ZONING FOR
,__G. St:nDIVISIOI: ~"\STCR PLA.~ ,\PPROVAL (Required of all PUD'.). JUL 2 a. ,,';
~~.:-_~IEAso~..~rnY APPLIC,\TIO~ SHOULD DE APPROVED (Attach ,'dditi6i\al';'~el':i: \ '''n:'~~lcPr.~
similar sin conslscenC,:w t ":,0
'; {l I',i I
I
,';genda itsm No. 17'E
December ,6, 20Cl8
Page 26 of 61
11.
IS PROPOSED USE PROHIBITED BY DEED RESTR:~TIONS?
IF YES, PROVIDE COPY OF THE DEED RESTRICTIONS.
YES X NO
12.
NO
iF SO. TO WHOM WAS TILE
IS THIS REQUEST A RESULT OF A VIOLATION?
NOTICE SERVED?
13, HAS A PUBLIC REARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN
WHOSE NAME? NO
14,
NO
ARE THERE EXISTING STRUCTURES ON THE PROPERTY?
TYPE:
CBS
. FRAME
, NOBILE HOXE
OTHER
AFFIDA VII
.We, being first duly sworn, depose and
say that we are the owners of the property described herein and which is the subject mat tel
of the proposed hearing; that all the answers to the questions in this applicatioD, and
all sketches, -data, and other supplementary matter attached to and made a part of this
application, are honest and true to the best of our knowledge and belief. We understand
this Bpplication must be completed and accurate before a hearing can be advertised. We
further permit the underSiGned to act as our representative in sny matters regarding this
Petition.
ER
or
SWORN TO AND SUBSCRIBED BEFORE HE THIS
.J
DAY OF N~
19 8"
,"
" f,
I " .,
, :--WcoHiiISSION EXPIRES:
~Jc ~ 6.CIl)(~
'(JO/ '( 0
JUL 'L 8. ','
.: I': f'~ l \ ;t t~ 1
-3-
..-...-.-......,..".---.-
:tC::i!i r~). >-
"rJ 2C;3
?cqe 27 0 61
Utility Provision5
*:rjC
Rezones & P=ovisional Uses
2.
1. NAHE: \,HISPERING PINES, INC.
ADO;,,:SS; 5000 Clorch Tamiami Trail, Naples, FL 33963
~. PHm:E: 597-3966
4. LEGAL D~SC}i.?TrO~;:
S 1/2 of che SW 1/4 of 13-48-25
5. r"p~ OF S'::.,,:;"CL: DIS?OSAL TO BE p~O'/ln:::.D:
A,
B.
C.
0,
E.
CCL'"~:7:' SYS7~
C:::~': SYST21
~~:c,lIsm S'iST;:'~
PAC:-:";C:C: TREAT:'!EliI
SEPTIC SYSTD\
x
PLANT
CAPACITY (CPD)
6, TYP~ OF UAT~R SERVICE TO, BE PROVIDED:
A. cc:..--:;n' SYS7~
B. CIT;: S'iSTE.'1
C. FRA::COHSE SYSTc-l
D. PRIVATL SYSTEM
..,..,'-.--..-.. 7, TOTAL POPlILATlON TO DE SERVED 425 approx. (150 units)
x
8. PEAK A:;n AVER.AGE DAILY DE:-L\NDS:
1. \.IAn~ - PEAK 123,750 GpG
2. SEW;;~ - PE:Al( 123,750 gpcJ
"I .r
AVE:RAGE: DAILY
49,500 gpd
49,500 gpd
AVERAGE DAILY
9.
IF PROPOSI::G TO COXXECT TO REClO~,\L \.;AT!:? SYS7C~1 .\LO:;C SR-9SI,
OAT::: SEi\VIC2 ~.;rLL BE REQUrrrr:D N/A
10.
BRIE,. CO::CISL N,\R.'\-ITI':E ,ViD SCHE:'!A7IC DR.\liI:1C OF TIl:: SE,I,IGE T!lE.lr.~~~:T
PROCESS TO 3E ~SW ,IS \.CLL ,IS .\ SPEC1FIC ST,\TC1E::T RECARDlli:; TilE HETIIOO
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Agenda item r-Jo_ 17'E
December 16. 2008
Page 28 of 61
11.
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A ST;..,~!!::i7, IN ,WRIt'r:l'C: 'stC:;ro BY TIl~ O1r.IER S;;OULO BE PROVIDrn
ACRl:l:IXG ,0 Dl:<:D TO THE COUNTY 1l;.r:::1l.-Sl;\i1i:R"DlS,RICT THE"IlATCR
DISTRI5UnC~ M1l SE\:ACt'ii:OLL'Ec.;'lO~1 FACiLlTIl:S \/IIHIll TIlE PROJl:c::;' AREA
UPON COl!PL!:no:/ OF THE CC:;S.:l'ltt;cr+O~I,O~1 ~Hl!$ E FACILITIES III ACCG?.DA..':CE
IltrH, APPL~C;JlLE COu::n Oant~;(."ctS., TIllS STAIE~'!ENT SHOtJtD ALSO I::CLL1lE
ACRE~T .:HATi;,pP!.IC.GtE's'YSTt:~ 'D!VEtC?XEliT CHARGoS AlTO CC;;Z;<:CHO:I
FE!S ~iLL 'SO PAID TO TIll: COL~T"{ \:ATtR~SE~c~ DISr~ICT PRIOR TO TH~
ISSt:A.'\CE OF BUILDI~iC ?<:,,-'lITS BY I'd::: CCt:IlTY' BUII.:n:/C DEPAl\=:l1'. THE
SIAT~!~~T S~OUI.D ALSO CO:/T.UN AC:>::::~.E::;T TO DEDICATE APPRO??I"TE
UriLI':Y, EAS~.2;rs rea S~~1.:I~;G 7:!E i,"';!Z1. AX'D SE~C:.a Si'S!2..,{S. N/ A
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DATE:
APRIL 9, 1987
TO:
COLLIER COUNTY PLAlINING COMMISSION
.. FROM: COMMUNITY DEVELOPMENT DIVISION
RE:' PETITION R-86-30c, CONLEY AND BAKER, REPRESENTING WHISPERING
PIN!S, INC., REQUESTING A REZONE FROM ~-2 TO RSF-3 FOR J50
DIlELLING UNITS.
1. LOCATION ~~ PROPOSED US!:
The subject property is located approximately one mile north of
Immokal~~ Ro~d~ just east of IMperial Golf ZatBtes in Section 13,
Township 48 South, Range 25 East, and consists of approximately 80
acres.
The Petitioner ie proposing to rezone the property from A-2 to RSF-3
for 150 dwelling units.
2. SURROU1~ING ZONING:
. Lands to the north and esst are zoned A-Z and A-2 ST4
south are zoned A-2 and RSF-) (Palm River). Landa to
zoned RSF-3 (Imperial Golf Estates).
Lands to the
the lJeet are
3. SURROut1lING LAND USE:
Lands to the north, east and south are undeveloped. Lands to the
west ~onta1n a lake, golf course and single family dwelling units.
4. COMPLIAlICE WITH TH! COMPREHENSIVE PLAN:
To be considered in complisnce with the Comprehensive Plen, the
project must meet two (2) criterie. First. the proposed use must be
allowed within the land use deaignation of the subject property.
Seeondly, the project must accumulate the necessary points on the
Point Rating System outlined in the Comprehensive Plan to ensure
that public facilities snd service. are adequate for tho ~roposed
density.
Staff review has ~ermined the project to be in compliance with the
Comprehensive Plan bssed on the following:
1. The project site ia designated as Urbsn on the Futute Land Usa
Map and the proposed use. of the project are allowed within the
Urban Ares.
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2.
The project sccumulated 50 points on the Point Rating syat:x; )t) -.
which allowa for a density rsnge of 0-3 dw~lling units per B
acre; and thenfore, renders the public facilities adeqlilr.t .
serva the proposed density of 1.88 units psr acra. '
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;\genda item t'Jo. i7E
De:>?IT:ber 16. 2008
Pa;]8 30 of 61
ENVIRO~~NTAL CONSIDERATIONS:
Tha Environmental'Advisory Council reviewed this Petition on
February IB, 19B7 aod has no objecUon to its spproval subject to
the following stipulations:
a.
A sit. clearing pl.n shsll be submitted to the Natural Re-
SOurces Management Department and the gommunity Development
Division for their review and approval prior to any substantial
work on the .its. This plan may be submitted in phas.s to
coincide with the development schedule. The site clearing plan
shall clearly depict how the final .ite layout incorporates
retained native vegetation to the maximum extent possible and
how roads, building., lakes, parking lots, .nd other f.cllit1ea
have been oriented to accommodate this goal.
b.
Native species shall be utilized, where available, to the
maximum extent possible in the site landscaping design. A
laodscaping plan will be submitted to the Natural Resources
Hanage~ent Department nnd the Community Development Division
for their rev1ev and approval. This plan will depict the
incorporation of native Bpecies and their mix with other
species, if any. Tr.~ 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 areos. Following site
development a maintenance program shall be implemented to
prevent reinvasion of the .ite by such exotic species. This
plan. which viII describe control techniques and inspection
iotetvala, shall be filed with and approved by the Natucal
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 discovered, all develop_
meat at that location ahall be i~~diately stopped and the
Natural Resources Man9gement DepArtment notified. Development
will b. suspended for a- aufficient length of time to enable the
Natural Reso~e8 Management Department or a designated .
consultant to aS8ess the find and determine the proper COurse
of action in regard to its salvageability. The Natural
Resources Management Department vill respond to any such
notification in a timely and efficient manner BO as to provide
only a minimal interruption to any constructional actiVities. ...-:..__,...~
Single family lot OIroera shall be required to obtain a, t~~~'i t( ~', ).
removal permit from the NRMD prior to any land clearing':- at i
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The 3.1-3.5 acre cypress wetland in the northeastern corner
shall be preserved. Prior to any development of surrounding
lands the preserves ehall be flsgged; flsgging boundaries shall
be verified by NRMD, and all exotics removed.
(for full details, .ee NRMD Btaff report, attached.)
or
6,' \lATER MANAGEMENT COt;SIDERATIONS:
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owners should strive to max1mi%8 the retention of existing
nativ. vegetst10n and ehould try to leave ar lesst 50% o~ the
native habitat intact.
f.
Single family lot owners shall rem0'l~ all exotic plant species,
a. defined by the County Code, prior to lot development. Where
applicable, lot owners should consider planting resulting
denuded areas .~th native plant species for habitat purposea.
g.
Littorsl zones slang lske margins should be at a side slope
ratio of no less than 4:1 out to 8 depth of three feet from
~ean low water levels.
h.
The Petitioner should investigate a program to reduce or
prevent the growth of catta1ls (Typa latifolia) in the littoral
shelf zone of lakes to be constructed within the project.
Petitioner should consider vegetating at least portions of
littoral shelf zone with nstive species of aquatic plants (NRMD
would be pleased to provide pertinent liter~ture and/or
suggested species).
1. Onder the threat of destruction due to developoent, all
protected plant species must be transplanted into undisturbed,
preserve areas or aress subject to the approval of NRMD.
Plants will be recognized as protected if l1sted in the
t'Official Lists of Endangered Fauna and Flora of Florida!'
(compiled by the Florida Game and Fresh Water Fish Comm1ssion)
or sny other coonty, state, or federal lists that are offi-
cially recognized for the protection of plant and/or ani~al
Bpecies. Plant species to be transplanted include, but are not
limited to, the following: creeping orchid (Habenaria
odontopetala), butterfly orchid (encyclia ta~pensiB), air
plants (Tillandsia spp.), golden polypody fern (Phlebodium
aureum). All transplantings must be performed by qualified
personnel subject to approval by N~~.
j.
The Water Managem8nt Advisory Board reviewed this petition on
rebruary II, 1987 and had no objection to its approval with the
follOWing atipulat1ons:
Detailed s1te drainage plana shall be subm1tted to the county~()~\()
Engineer for review. No construction ~ermits shall be isaued
unless and until approval of the proposed construction in
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/\genda Itenl No. i 7E
December -: 6. 2008
?age 32 of 61
accordance with the submitted plsns is granted by the County
Engineer.
'b. An Excavation Permit will b. reqaired for the propoaed"lake in
accordance with Collier Count~ urdinance No. 80-26, aa amended
by Ordinance No. 83-3, and as may be amended in the future.
7. 'TRAFFIC:
The Traffic Engineer has the following comments and recommendations:
At full Occupancy the subdivision could generate 1,500 tlip enda per
day. A more likely number is about 1,200 trips per day in peak
season.
The aite plsn indicates that all traffic will enter and leave by way
of Imperial Golf Course Boulevard unless the County requires a
connection to Cypress Way through Palm River Estates. Residents of
that subdivision would likely be very much opposed to such a
connection. (Sea also attached Public Works cemo dated April 9.
1987.)
There 1s an existing rosd easement along the north boundary of the
petitioner's property. The easement extends across Section 13 and
intersects with the proposed arterial to be constructed from
Immokalee Road to the Lee County line.
findings and Recommendations:
8. The development will provide for a connection to the proposed
extension of Livingston Road and remains part of the North
Naples HSTU as currently provided for in the Ordinance and the
preliminary assessment roll.
b. The connection to Livingston Road will serve both the new
develop~ent and also the existing properties in Imperisl Golf
Estates. As a result of serving th. purpose of access for the
proposed development and exiating development, it should create
a long-term major access for services to include EMS, fire and
related emergency services.
c. As currently proposed, the subdivision will not impact the
roads in"PslmrR1ver and no access to eypr.so Way i3 planned.
d.
From a circulation standpoint, adequate provisions Bre being
made for collector road connections to Livingston Road and
.hould benefit both the development and those owners on East
I~p.rial Drive.
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e.
As currently proposed, th! lot layout along the western
boundary of the development allows for the acquisition of
future road right-oi-way without adversely affecting the
remainder of either the propose~ ~eve10pment or the existing
development within Imperial Golf Estates. Curr~ntly. this
affic. haa conceptual plans for ~xtend1ng Airport Road from
C.R. 846 northward. Due to consideration of existing
developments, future limited usnge, anq environmental _.
permitting/alignment constraints, it is extremely questionable
whether the roadway extension ~ould be necessary in the distant
future; and, if necessary, if it would provide enough service
so as to justify the expenditure.
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Staff has estimated that the project will generate 1.500 trip ends
per day at 100%' occupancy. Trip rates were obtained from the
Institute of Transportation Engineers Handbook (Volume 3).
The petitioner's site plan does not allow for the northerly exten-
sion of airport Road f~om Immokalee Road into Lee County. This
roadway i8 shown in the Traffic Circulation Element of the Collier
County Comprehensive Plan and Oust be provided for if this project
1s to be 10 compliance with the plan.
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Staff recommends the following:
8. Livingston Rond, scheduled to be constructed by 1989, be
utilized ns the main entrance to the project until Airport Road
is extended northward.
b. Tho petitioner shall dedicate 150 feet of the Western edge of
tho project to the County to accommodate the Airport Rosd
extension.
8. UTILITIES:
The Utilities Division roviewed this Petition and has no objection
to its approval subject to ths stipulations per their memo dated
December 2, 1986, attached.
The Environmental Health Department reviewed this petition and has
the following comce~tB and-r~commendationB:
A.
Any eetablis~nt reqUiring a CCPHU permit must submit plans
for review and approval.
ENGINEERING:
"
The Engineering Department has reviewed the proposed rezone from A-2
to RSF-3 for the referenced project. ~e would offer no objection t? \1.)
tho petition.as presented. however. this rezone does not constit~_\,..t))J
· Subdivision Moster Plan application.
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/',g0..nda Item No. i IE
.Dec8lTlber i 6, 2008
Page 34 of 61
Any develop~ent in this area to be rezoned shall be required to
obtain Subdivision Master Plan approval prior to any construct~on.
10. FIRE CONTROL DISTRICT:
The North Naples Fire Control and Rescue District has reviewed this
petition and recommend approval subject to ,he following
stipulations:
8. The existing 6" water line running down Eastwood Drive in Palm
River be connected to the new 8" water line YOu are 1nstlll11ng
on East Imperial Drive in tmperial Golf Estates. This will
give a looped water systum, and improve the water 9upply for
the northern section of the District.
b. An emergency access road is required. Eastvood Drive shall be
continued from Palm River and intersect with East Imperial
Drive in Imperial Golf Estates. This will enable the District
to speed up e.mergency response time into this area. (see also
Staff Comments below)
c. Two (2) fire hydrants be relocated. (The Petitioner is to
contact the District to find out ~hich ones.)
11. STAFF COlIMENTS:
The applicant is proposing to take one of two access points to the
proposed development off of Imperial Gulf Boul~vard. in Imperial
Gulf Estates. At a later date, the primary access to the proposed
development will be off of Livingston Road which should be completed
by 1989.
There has been a great deal of opposition to the proposed
developeent acceasing through Imperial Gulf Eatates which currently
haa only one aCCeea point into the subdiVision from U.S. 41 onto
Imperial Gulf Boulevard. Generally having two accesa points to
developments is an accepted planning practice, and is reflected in
the Current subdivision regulations. which requires such connections
under certain circumstance~.
While there are meC1t5 to both permitting access and not permitting
access through Imperial Gulf Estates for the proposed development,
the Stnff recommendation is to permit such access with the fOllOwing
provision.
That no more than one-half of the 150 dwelling units propcsed be
permitted to be constructed prior to the completion of Livingston;;:'(' ; ,\', \ '
Road. and aftet that time all construction ttaffic be r.qui~~. to~ ~(,
access through Livingston Road. :
I
The staff is aware that this will temporarily result in an i~aie8. ,ji,
111 both vehicular and construction traffic through Imperial Gulf'.." ,,"";;'.~';",
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Estates, but, in the long run, will result in a more efficient and
safe circulation system, offering advantages to both developme~ts.
1. Imperial Gulf Eatates is approved for approximately 600
dvelling unit. and i. approximately tvo-thirds built out.
There ara currently 300 single family dvelling units and 83
multi-family unita. The addition of 75 additional dwelling
units, if they are developed prior to the construction of
Livingston Road, vill not significantly increas, ttaffic
vclwtes.
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The follo~ing f~ctors support the st~ff position.
2. ~nen Livingston Road i8 constructed, it will likely be used not
only by residents of the proposed development, but residents of
Icperial Gulf EstBtes, thus potentially reducing traffic from
Imperial Gulf Eatates onto U.S. 41
3.
This will also shorten travp.l times to areas of Kaples east of
U.S. 41, and provide a safer route to shopping and employment
areas, 1n addition to an additional point for emergency ecceSB.
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4.
The D~claration of Covenants for Imperial Gulf Estates does not
expressly prohibit the addition of lands to the subdivision.
While the County does not enforce such declarations, the deed
restrictions ~ekc provisions for additional land under Article
II, Section Three, which notes that the Developer may. from
time-to-time. add contiguous property to the declaration.
In addition, the deed rastrittion" in Section I of Article III
entitled lIProperty Ot..mers Rightsll note the following:
"SUBJEC~ HOWEVER, to II reservation hereby perpetually renerve..;,
to the Developer, its successors and assigns, of the right to
ue8 and enjoy the same non-exclusive common utility easements,
easements of drainage, And ingress and egress casements for the
benef1t of Additional Lands owned and to be owned by the
Developer located in SectionR 13, 14, and 15. Township 48
South, Range 25 East, Collier County. Florids, as vell as for
the benefit of all other Land. compriaing IMPERIAL GOLF
ESTATES."
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In summary. the Planning Staff and the Public ~orkB Department are both
recombending that the proposed development be permitted access through
Imperial Cult htatea vith the provision that no "'.ore than 75 dwelling
units be conatructed prior to the completion of Livingston Road and that
construction traffic not be permitted to use Inperial Gulf Boulevard
after thsr time.
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Agenda item hJo. i 7E
December 16, 2008
Page 36 of 61
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12. STAFF RECOMMU1lATION:
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Collier County Planning Commisaion forwarded petition R-86-3DC'~o
.the Board of County Commisaionera wIth a recommendation of 'approval
subject to the following atipulatiol',.,:
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a. A tite clearing plan shall be submitted to the Natural Re-
sources Manage~ent Department and the ~o~unity Development
Division for their review and approval prior to any substantial
work on the site. This plan may be submitted in phases to
coin~ide vith the development schedule. The site clearing plan
shall clearly depict hoy ths final site layout incorporates
retained native vegetation to the maximum extent possible and
hav roads. buildings. lakest pSTking lots, and other facilities
have been oriented to accommodate this goal.
b. Native species shall be utilized, vhere available~ to the
maximum extent possible in the site landscaping design a A
landscaping plan will be submitted to the Natural Resources
Management Department and the COIT~unity 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 londscaping shall be the
re-creation of nntive vegetation and habitat characteristics
lost on the site during construction or due to past activities.
e.
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. Followinb site
development a aaintenance program shall be implemented to
prevent reinvasion of the site by such exotic species. This
plan, vhich will describe control techniques and inspection
intervals, shall be filed yith and approved by the Natural
Resources MBnagement Department and the Community Development
Division.
d.
If during the course of site clearing) excnvation, or ather
constructional activities, an archaeological or historical
site, artifact, or other indicator is discovered, all develop-
ment at that location shull be immediately stopped and the
Natural Resources Management Department notified. Development
will be suspended for a'sufficient length of tice to enable the
Natural ResouTces Management Departm~nt or a designated .
consultant to asseas the find and determine the proper course
of action in regard to its salvageability. The Natural
R..ourcea Management Department vill respond to any such
notification in a timely and efficient m~nner so as to provide
only a minimal interruption to any constructional activities.
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P'age 37 of61
e.
Single family lot owners shall be required to obtain a tree
removal permit from the NRMD prior to any land clearing. Lot
OW'tl.era should- strive to maxlm.'.ze the retention of existing'
native vegetation and should try to leave at least 50i..of the
native habitat intact.
_ r, .
f.
Single family lot owners shall remove all exotic plant species,
as defined by the County Code, prior to lot development. Where
applicable, lot owners should conside~.planting resulting
denuded areas with native pl~nt species for habitat purposes.
g. Littoral zones along lake oargins should be at a side slope
ratio of no less than 4:1 out to a depth of three f~ft from
mean low water levele.
h. The Petitioner should investigate a program to reduce or
prevent the growth of cattails (Typs 1atifolia) in the littoral
shelf zone of lakes to be constructed within the project.
Petitioner snould consider vegetating at lease portions of
littoral shelf zone ~ith native 5pe~ie5 of nquatic plants (NRMD
would be pleased to provide pertinent literature and/or
suggested specieR).
;,
1. Under the threat of destruction due to development. nIl
protected plant species must be transplanted into undisturbed,
preserve areas or areas subject to the approval of NRMD4
Plants ~ill be recognized as protected if listed in the
"Official Lists of Endangered Fauna and Flora of Florida"
(compiled by the Flcrida Game and Fr~sh Water Fish Commission)
or any other county, Btate, or federal lists that are offi-
cially recognized for the protection of plant and/or an1mal
species. Plant species to be transplanted include, but are not
limited to, the following: creeping orchid (Hebennria
odontopctala), butterfly orchid (encyclis tsmpensis), sir
plsnts (Tillnndsia spp.), golden polypody fern (Phlebodium
aureum). All transplnntlngs oust be performed by qualified
personnel subject to approval by NRXD.
j,
The 3.1-3.5 acre cypress wetland in the northesstern corner
shall be preserved. Prior to any development of surrounding
lands the preserves shall be flagged; flagging boundaries shall
b. verified by N~~, and all exotics removed.
or-
aetailed stte drainage plans shall be submitted to the County
Engineer for review. No construction permits shall be iSSued
unless and until approval of the propo~ed construction 1n
<<ccordance with the subQ1tted plans ia gr3nted by the County
Engineer.
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f\genda it'3lTi ~JO. ~i 7E
De.:':ernber '16, 20Cl8
Page 38 uf 61
1.
An Excavation Permit will be required for the proposed lake in
accordance with Collier County Ordinance No. 80-26, as 8m~nded
by Ordinance }lo. 83-3, and as "'y be amended in the future;
....
The development will provide for a connection to the proposed
extension of Livingston Road and remains part of the North
Naples HSTU as currently pTDvided for in the Ordinance and the
preliminary assessment roll.
n.
The connection to Livingston Road will serve both the new
development and also the existing properties in Imperial Golf
Estates. As 8 result of serving the purpose of access for the
proposed development and existing development, it should create
a long-term major access for services to include EMS, fire and
related emergency services.
,0.. As currently proposed, the subdivision ~ill not impact the
roads in Palm River and no functional access to Cypress Way is
planned.
p. From a circulation standpoint, adequate provisions are being
made for collector road connections to Livingston Road and
should benefit both the development and those owners on East
Imperial Drive.
q.
As currently proposed, the lot layout along the w~stern
boundary of the development allows for the acquisition of
future road right-of-way without adversely affecting the
remainder of either the proposed development or the existing
development within Imperial Golf Estates. Currently, this
office has conceptual plans for extending Airport Road from
C.R. 846 northward. Due to consider~tion of existing
developments, future limited usage, and environmental
permitting/alignment constraints, it is extremely questionable
whether the roadway extension would be necessary in the distant
future; and, if necessary, if it would provide enough service
80 8S to justify the expenditure.
r. Livingston Road, scheduled to be constructed by 1989, be
utilized aa the msin entrance to the project until Airport Road
is extended northwarcL,.
a. The petitionrY shall dedicate [50 feet of the western edge of
the project to the COlmty to accommodate the Airport Road
extension.
t. The Utilities Division ~emo dated December 2, 1986, attached.
u,
Any establishment requiring a CCPHU peroit must subcit
for review and approval.
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Agenda item No. i7E
Decernber 16, 2008
Page 39 of 61
v.
Any development in thi" ares to be rezoned phall be required to
obtain Subdiviaion Master Plan approval prior to any
constroet1on.
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w. The existing 6" water line rundng down Eastwood Drive in Palm
River be connected to the new V' ..ater line you are inetalling
on Esst tmperial Drive in Imperial Golf Estates. This will
gtve a looped water system, and improve the water BUPP~Y for
the northern s~ction of the District. -
x. An emergency access rond is required. Eastvood Drive shall be
tontinued from Palm River and intersect ..ith East lmrerisl
Drive in Imperial Golf Estates. This ..ill enable the District
to speed up emergency response time into this area. (see also
Staff Commenta below)
y. Two (2) fire hydrant a be relocated. (The Petitioner i. to
contact the North Napl~s Fire District for detailed
information. )
z. No more than one-half of the 150 dwelling units be permitted to
be constructed prior to the completion of Livingston Road, and
after that time all construction traffic be required to access
through LivingBton Road.
PREPARED BY:
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REVIEWED BY:
COM. Drv. ADMINISTRATOR:
DATE:
Petition Number: R-86-30C
Staff Report for April 16, 1987 CCPC meeting.
COLLIER COUNTY PLANNING COMMISSION:
EDI/ARD OATES, CHAIRMAN
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R8630c STAFF REPORT
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Agenda Item t'>lo. 17E
December 16, 2008
Page 40 of 61
REZONE FINDINGS FOR PETITION R-86-30C
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Sec~1on 14.4 of the Zoning Ordinance I.1uir.. that the r.port and'
",eC:OIIIIIIendat10n. of the Plll.nning COllllllisllLon to the Board of County
" , " CO\zimi\is1oners .hall .how that the Plann"Lng Co...issionha. .tudied and
conA1deTed the proposed change in relation to the following, where
applicable:
, "
a. Whether the proposed chang. would be contrary to the land
u.e plan and would have an adver.e effect on the Compre-
hensive Plan;
Finding.: Th. propoa.d r.qu..t do.. comply with the
Comprehenoive Plan
b. The existing land use pattern;
F'indin~s :
c. The possible creation of an isolated district unrelated to
adj.cenc and n.arby district.;
Findings: No. The propoBed rezoning request 1s far greater
1n size than would create an isolated zoning district.
d. Th. polulation den.ity patt.rn and po..ible incr.a.. or
ov.rtaxing of the lo.d on public facilities .uch a. .cho~l.,
utilities. streets, etc.
Findings: With the proposed mitigation measures 08 outlined
in the staff r.port, the propos.d project .hould not have a
.ignificant impact. in the long run, on public facilities .uch
&8 utilities. streets water management systems, etc. St1.:eets.
however. will be temporarily impacted by con.truction trsffic.
including minor incr..... in the tr.ffic volumne. until the
con.truction of Livingston Road.
e. Wheth.r existing district boundaries are illogically drawn in
r.lation to existing conditions on the prop.rty proposed for
change;
Findinps", N~ Th. proposed boundaries are logically drawn in
relstion to existing conditions and development patt.rns.
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P,genda Itam No. 17E
December 16, 2008
Page 41 Of 61
f. Whether changed or changing conditions make the ps..age of the
proposed amend~ent necessary;
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~riinKS: Potentially. The prop"ed development is located
in the urban area which ia a more logical location for more
intensive land uses than the A-2 zoning ~ould permit.
g. Whether the propo.ed change will adverEely influence l~ving
conditions in the oeighborhood;
FindinRa: No. The densities proposed are compatable with
surrounding land use. However, the construction of up to 75
additional dwelling units accessing through Imperial Gulf
Estates, prior to the completion of Livingston Road will have
s mlnnor impact on the street system.
h. Whether the proposed change will create or excessively
increase traffic congestion or otherwise affect public safety;
FindinRs: No. With the proposed mitigation, of permitting
only half of the propoaed dwelling units to be conBtructed
prior to the completion of Livingrton Road, impacts nhould be
reduced. In the long run, both the proposed development and
Imperial Gulf Estates viII benefit from two access points onto
U.S. 41 Bod Princeton Road.
1. Whether the propoBed change will create s drBinage problem;
Findings: No. With the proposed mitigation this project
should not create a drainage problem (see staff report ~6).
j. Whether the proposed chBnge will Beriously reduce light
and air to adjacent areas;
FindinKs: No. The propoaed development ia limited to
Bingle-family land u.e. with two-Btory height limitation.
k. ~1lether the proposed change will adversely affect property
values in the &djacent area;
FindinRS: No. Land UBe denBities Bre appropriBte and
compatible.
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Whether the proposed change will be a deterrent to the
improvement or development of adjacent property in accordance
with existing reg~lat1onB;
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Findin,.: ~o. The proposed development cooplies with
Compr~hensive Plsn.
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Agenda Item No, 17E
December 16, 2008
Page'::2 of 61
m.
Whether the propoBed change will conatitute
Bpecial privilege to an individual owner as
the public welfare:
a grant of
contraating vi~h
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Findinga: No. The development as proposed 10 compatible with
exiating land uae.
n.
Whether there are 8ubatant1Dl reasons why the property_
cannot be used in accordance with existing zoning;
Findinga: YeB. The location of the property in the urban
area makes it suitable for mort intensive land uses than
agricultural uaea which the current zoning permits."
o. Whether the change Buggested ia outf scBle with the needs of
the neighborhood or the County;
Findings: No. The proposed zoning i. compstible with
exiBting densitieB.
p. Whether it is impossible to find other adequate sites iri the
County for the propoBed UBe in districts already permitting
such use.
Findings: No. Many other locstions sre BuitDble for the,
proposed use.
q. Review and recommendation of development plans 88 required in
sccordance with Section 10.5 and 14.1.
Findin~s: Not applicable since it i. a single fDmily
development.
R-86-30c Rezone Findings
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Decemb: .' o. 17E
p ~r 16,2008
age 43 of 61
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December 16, 2008
Page 44 of 61
Hiuy McKim
R-86-30C Whispering Pines, Inc.
April 9, 1987
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provide a copy to the" County" jAttorney ..,for! ,rev1ev" and cOllllllent
prior to the rezone h~ar1ng; should it b. -aHermined that--the
developer has a legal right to expand Imperial Golf Eata~ae, ,and
all lot owners in the development, are'sub:lect.' to' the' :condhfon.
my recommendation for' ;taining approval from. ',appHeable'ptop-.hy
owners may not: b. ~lppropt'1at.: (refere.nce""':~' Irem ,: -2,1: ':memorandum
dated November 21. 1986). '
Upon review of the above, pleas. do ~ot hesitate in ~~ntacting ,10.. for
additional information at ext, 8259.
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cc: Harry Huber
Terry K.pple
Bob Dunivsn
Frank Bake r
File
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TO:
Ann McKi:n. Planning Department
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FROM:
John F. Madajewski, Utilities F.ngineering
DATE;
Dece~ber 2, 1986
RE: Petition R-86-30C - Whispering Pines, Inc.
We have reviewed the above referenced Petition and have no objection to
the rezone"as requested. However, we require the fOllowing stipulations
as a condition to cur reco~endation for approval:
A) Wll ter & Sewer
1) Water distribution ~nd sewage collection and trnnsmission
systems will be constructed th~ougho~t the project develo~mcnt by the
developer pursuant to nIl current requirements of Collier County and the
State of Florida. W~tcr and sewer facilities constructed within platted
rights-of-way or within utility easements required by the County shall be
conveyed to the County for ownership, operation and maintenance purposes
pursuant to appro~rint~ County Ordinances nnd regulations in effect at
tile time of conveyance. All woter 3nd sewer facilities constructod on
private property and not required by the County to be located within
utility easements stli.lli be o'oo.'lled. operated and mair:.tained by the
Developer, his assigns or successors. rIp on co~pletion of construction of
the water and sewer facilities within the project. the facilities will be
tested to insure they ccct Collier County's utility construction
requirements in effect at the ti~e construction plans are approved. The
above tasks ~ust be completed to the satisfaction of the Utilities
Division prior to placing any utility faCilities, County owned or
privately owned, into service. Upon completion of the water and/or
sewer facilities and prior to the issuance cf Certificates of Occupancy
for structures within the project the utility facilities shall be con-
veyed to the County. when required by tne Utilities Division, pursuant
to County Ordinances and Regulations in effect at tbe time conveyance is
requpstcd.
2) All construction plans and technical specific~tions and proposed
plats. if applicable. fOT the proposed water distribution and sewage
collection and transmission facl1ttles must be reviewed and approved ;by
the Utilities Division, pri.cr to Commc.ncement of construction.
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3) All Customers connecting to the water distribution and sewage
collection facilities will be customers of the County and will be billed
by the County in accordance ~ith the County's established rates. Should
the County not be in a position to provide ~atcr nnd/or sewer service to __.,
the project, the '.ater and/ot sewc," customers 5ball be custOl!lcrs Of~zt iJ\')
interim utility established to serve the project until the Countyl's~' .
,
off-site WBter nnd/or sewer facilities are available to serve thCj\JO. .
project.
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becernb(~r 16, 2008
Page .16 of G 1
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4) It is anticipated that the County Utilities Division will ultimately
supply potable water to meet the consumptive demand and/or receive and
treat the sewage genetated by this project. Should the County system
not be in a position to supply potable wBter to the project and/or
receive the project's W:1stewater at the time development co'I:tDJences, the
Developer, at his expense, will install and operate interim water supply
and on-site treatment facilities and/or interim o~-site sewage treatment
and disposal facilities adequate to meet all requirements of the
appropriat~ regulatory ~gencie8.
5) 1m Agreement snall be entered into between the County and the
Developer, binding on the Developer, his assigns or successors, legally
acceptable to the County, prior to the approval of construction documents
for the proposed project, stating that:
a) The proposed water supply and on-site treatment facilities and/or
on-site wastewater treatment and disposal facilities, if required, are to
be constructed as part of the proposed project and must be regarded as
interim; they shall be constructed to State and Federal standards and
arc to be o......'11ed, operated and maintnined by the Developer, his assigns or
successors until s~ch time as the County's off-site water facilities
and/or off-site sewer facilities arc available to service the project.
The interim treat~ent facilities shall supply services only to those
lands owned by the Developer and approved by the County for development.
The utility facility(ics) may not be expanded to provide water and/or
sewer service outside the development boundary approved by the County
without tte written consent of the County.
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p) Upon connection to the County's off-sit~ water facilities, and/or
sewer facilities, the Developer, his assigns or sUCceSsors shall abandon,
dismantle and remove from the site the interiQ ~atcr and/or sewage
treatment facility and discontinue use of the water supply source. if
applicable. in a ~anncr consistent with State of Florida standards.
All work related with this activity shall be performed at no cost to the
County.
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c) Connection to che County's off-site water and/or sewer facilities
will be made by the owr~rs,~their assigns or successors at no cost to the
County within 90 days after such facilities become available. The cost
of connection shall include, but not be limit~d to, all engineering
design and preparation of construction documents, permitting, modifica-
tion or refitting of existing sewage pumping facilities or construction
of new master sewage pumping facilities, interconnection with County
off-site facilities, w~ter and/or sewer lines necessnry to make the
con:1ecticn(s), etc.
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d) At the time County off-site ~atcr and/or sewer facilities are
available for t~e project to connect with. the following water and/or
sewer facilities sh~ll be conveyed to the County pursuant to appropriate
County Ordinances and Regulations in effect at the time:
'1.
fL
1) All .w;'1tcr and/or sewer facilities constructed in publicly
oWned ~ight5-(Jf-w,)y or within utility easements rel1uircd by the
Co un ty w1 t h i n the pro j ec t limi t 9 requ ired to make Conne c t 10:1.
lJith- the. County's off-site ......ater and/or sewer far-:ilities; cr,
2) All water ar~d sewer facilities required to connect the
project to the County's off-site water and/or sewer facilities
when the an-site water nnd/or sewer facilities are constructed
on privc.tc. iJropcrty and not required by the Coun:)' to be-
locat~d ~ltl~in util_fty easements. including but not limited to
the fol :o'.Jir,g:
..1) t~ai.n sew.Jge lift 6 Lltion and
connc:t1n~ with the County sewer
all uci:ity case~ents necessary;
force main inter-
facilities including
b) h1;]tcr distribution f.Jcilities from the poin: of
ccn:~ccticn ',.,11th the Cou~ty's water foc111t1e9 to the
rr..1.stcr .....,Jter meter !:;crving the project, including all
uti:iLY eas~mer\ts necessary.
c) The CU9tome~s served on an interim basis by the utility system
constructed by tlle D~ve:opcr shall become custo~ers of the CO~lnty at th~
time when County off-si:e ',.,Inter and/or C~~cr facilities are aval1.1blc to
serve the proje~t and such connection is made. Prior to connection of
the project to th~ COllnty's off-site water and/or sewer facilities the
Developer. his assig~$, or successors shall turn over to the County a
complete list of the custo~ers served by the interio utilities system and
shall not co~pctc ~ith the Cour.ty for the s~rvice of those customers.
Th~ Developer sh~:l ~l~o rr8vidc the County with a detailed inventory of
the facilities served withi~ tl~c proj~ct and the entity which will be
responsible for the ".:ater and/or sewer service billing for the projec_c.
or-
f) All construction plans and technical specifications related to
connections to t~c County's off-site water and/or sewer facilities will
be submitted to the Utilities Division for review and approval prior to
Commencement of cC:1stn:ctiCf..
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Agenda Item No. 17E
December 16. 2008
Page 48 of 61
To:
Page
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g) The. Developer. his assigns or successors agree to pa.y all system
development charges at the time that Building Permits are required,
;p~rsuant to appropriate County Ordinances Bnd Regulations in effect at
. ;;rftl:-e time of PCrT.'lit reque.st. This requirement shall be made known to all
:~:Rspective buyers or properties for which building permits will be
,_,rrQUired prior to the st..1rt of building construction.
h) TIle County will lease to the IJeveloper for operation and maintenance
the vater dist~ibutlon and/or scvage collection and transmission system
for the. Bum of $10.00 per year, when such system is not connected to the
\I(f-site water and/or sewer facilities owned and operated by the County.
Tcr::15 of the lease shall be determined upon completion of the proposed
crilley construction and prior to activation of the water supply,
treatment and distribution facilities and/or the sewage collection,
transmission and treatment facilities. The Lease, if required, shall
remain in effect until the County can provide water and/or sewer service
through its off-site facilities or until such time that bulk rate water
and/or sewer service ngrcemcnts arc negotiated witt, the interim utility
system servil~g the project.
I'
II) Data required under County Ordinance No. 80-112 showing the avail-
~hility of sewage service, mllst be submitted and approved by the
l:llLitics Division prior co approval of the constructlon documents for
till.' project. Submit.1 copy of the approved DER permits for the sewage
collection ~nd tra~sm15sion systen:s and the wastewater treatment facility
to be utilized. upon receipt thereof.
C) If a~ intcri~ on-site water supply, treatment and transmission
[,1cility 1s utn L:ed to ::er'V(~ the proposed project, it most be properly
~,Lzcd to Sllllply avcrilgc alld pc~k day domestic demand, in addition to fire
flew demand at 3 rate ~pprnved by tile appropriate Fire Control District
servicing the prcject arC,1.
I Ii) Construction and C'wTlcrsldp of the water and sewer faciliUcs,
including any proposed i~terim water and/or sewage treatment facilities,
fih.1ll be in compliance with all Uti~tics Division Standards, Policics,
Ordinances, Practices, etc. in effect'at the time construction approval
is reques ted. .r
E) Detailed llydraulic design reports covering the water distribution and
sewa~e collection and transmission systems to serve the project must be
submitted with the construction doc~lment5 for the project. Tile reports
shall list all dcsign assumptions, demand ::."i1tc~ .:J.nd other fLlctor9
pertinent to the systcm tinder considcrOltion.
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To: Ann ncKim. Plan:1ing Department
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AJend8 Item No. 17E
December 16, 2008
Page 49 of 61
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f) The proposed !.l"ter l!istribut:ion system to serVe the project shall be
looped to existing water facilities of the County Water-Sewer District in
~s many locations as feaSible. In addition, ntubs shall be provided along
the eastern side of the project, at mutually agreeable locations, to permit
future looping to the Livingston Road Extension water facilities, when
constructed.
G) The Petitioner ~ll~ll provide written acceptance of the stipulations
contained herein and su=h acceptance and the gtipulatlons ahall be
incorporated into tIle Ordinance which will approve the requested rezoning.
A copy of the dr.Jft Ordinance for the rezoning approval must be submjtted
to the Uti:ities Jivision for review and approval prior to the Petition
being CO:1sidcrcd by the Board of County Commissioners.
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De~~emb3r 16, 200"'8,
Page 50 of 61 '
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;;ATURAL RESOt;RCES r-'.ANAGEMl:NT DEPARTMENT (NR.\.fll)
ST ^FF 'lEPORT
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FOR EAC MEF:ING 02/18/87
Petition: R-86-JOC; Franklin Eaker, Conley and Bak~r, representing
~nispering Pines, Inc.; requesting a zoning change from A-2
to RSF-3 for property east of Imperial Golf Estates and norttl
of ral::J P,iver.
Cons1der:lticns:
r' ~....
The rropc!"('d USP. of ttds r~ctnnetdDr 80 ;Jere tract is Phase V of
I~pcrial Golf [statcs, containing 147 re8ident1al lots. The ~rca 1s
boundc(l on the nOl-tll, east, nnd south by tJnJevelDped land, forested by
pine fl..twootis Jnd cyrre~(; \o,Iet]nnd cCIT1IDunit1es. .1nd on the \.Jest by a
f
ponded section of pllDSC IV of I~periDl Golf Estates. According to John
Beriault (pr~sidentJ Southucst Florida Archaelogical Society). the site
probably is of ~o l:istorical 5je"ificanc~.
The slte of ttle proposed develop~ent irit1nlly ~as inspected on
December 12, 1986, by Dr. Drnndt Ifenn1ngscn Bnd James ~. BlITCh of the
'~ "
Knturnl Resources ~;anngcmcnt Dcpnrtwent, nccompnnicd by Mr. Albert Rnulin
of ~lispcr1nc Fines, Incorpornted (Kaples, Florida); a finnl inspection
of the tract '..JilS d~,ne '2.D Februnry 6, 1987, by Dr. Henningsen and l-ir.
Bu r c h .
-:1,e ('n...-,tl'rn {'fie-fourth of the trl1ct is t\o~tly pine fJ.ntw00ds nnbitnt
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doudn.1tod 1,y slnsh pJne (Pinu" <'JliottJJ.. to 2-17" CD!!, ,woroeo " ,,~{_i3)~/
['JP.H en.811), ~tundant Del'dljf"'ts .1nd saplinf:s). Cnbl;1nge pll]D15 (~obnl
li.Ii
(lpnlcetto) eccur in{requtntly. Th. uod*r.tory consists of den..,
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Pnge 2'
Aoenda Item No. 17E
December 16, 2008
Page 51 of 61
I
p~l~ctto (SererDa rc~~), wax myrtle
;':\"r!ro cerifcr<1.), and dahoon
" --
nolly (11ex ~1.2?~).
i~fest~tion by exot:c $pec1cs i5 Doce-rate;
Brazilian rcrerr ('c~I,,,, tereblnl",i.fo,1iu,<) is a substontlol cr.der>tory
CCIrfl()D.cI':t
ir: ~crr:c n~C'<1S ?ord n"('J,11ellCD (Xe].:11euC:1 nl:jnCTt~enervLl)
~'- - - -'-----
CCCtlrs
occas:l('lf1;,)ly.
Crcund ceVer is r.>ostly grasses (~~..!2~~~._o!: spp.) and
her,,", "'ito CCCosle,el '200o""lt fe"n (,nleconCJm ,"e.r.cu~).
Plar,t
CC';;"r;:unitj\,~ ::IL1c;,tc ~('ttC'T cCr'u1tions t.,jth nottrl'rn pr(1~re!'s1(lr:.
,'ovlo[: onr,e.coc, the piLe "ce,d1"ed conu"rity ic lraf,""'rly interrcpted
'..i:'th t:-L1n~jt:~'r'''ll \.ctl.1r.d/\lpl,lnd h]bitIlt~.
T~c~e I~nhit~ts ~re ~i~il~r in
CC'rooitlcr, ro tLe c"rrcundicg "reas. out cont;]i" mor" c,.bbf,c r"l~s End
cypn'~_'.s (~::.:T: dis~.02..u~, 6-811 DB!!),
M~Jn]rl~r~ jnfc5t~tion also
!r.c:e,"'sCS ~c ~he r'D1-th, .....itb ~<1ny seu!11nf!i nnd s.1plJr.r:s.
Toe nertLeo.!.", ccrrce of tLe !coct rert.ins " J.I-3.5 atre wotland
i"
Drea uon:!n.l~('d by cypress (2-1J" CP,H. ,')Vcr.1gc Dr<H ca.611); ;:ocJJlcuca
1nfcstJt~0n is woelcrate.
St.Hr protected (~pjphytes (7iJ L.,r.csia
Ie
l'~'~'~.!:i.~, ,- ,b:'}ol~, I.... r,'."~1~~, T. !'."."~.'.. ,!:~l_c)'CCi",
~-,=-if~) are CO:;?',O:l (':1 U10 CYrr("[:f> trcr.kf>,
Tlil:' :<;l~rt;b ':8)'C1" 1~ .!:>parse,
ccrt.1injn~ d"hecn l,olJy "rcd "Dr. ")Ttle, and too p,round cover is ,",ostly
era.s,. lcd Lerb. wJth occasJo"al bloeon"m forn; torr..trlol orchJd.
.r
(!','l.cc,,_'J.::l. _c,<'?!'_t'),I'.~: ." c- C(,rrron and 'oisk fern (TollE.t"'"~) "Iso
\."'^ fct.rod In !111s ("0... ,!ds ccncunity CC"'toJns ., L1C\o.jl1~ n",ber of
'-
juv<rilc s],,1o ri"." ordqlon: f'''h:o; throe "..:1 '''ee, "nd b ~I'-Sby~.cb)c I)
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fAC Heeting 0:/18/87
Poge )
Agenda It.em No. 17E
Decemb,r 16, 2008
Pag" 52 of 61
,
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graRSY gfound cover sUEg~st8 a tre~d to~a~d a Jricr soil envjron~ent_
~any of the epiphytic orchidB are dead or in poor health, apparently from
a decrease in the humidity of-their microhabitat. Tn short. thj~ area
~.
appears to be_drying IIp.
About 600-800 feet WC&t of the efiS[Crn property liclit is a densely
forested area with gener~lly Ijttlc or no shrub layer or ground cover.
The dorr:1nant cllnopy SpeC1f'B are c)'prrns and nlcl.11cllca; invnsion by
Brazilian pepper is ~odcrDte to heavy. The northern half of this narrow
area 15 more open, containing rliore sl<:lsh pines thDn ttJc southern half.
~ind sho~s cvjdence of fire at sometime in the post; other ~pecfcs
{commonly occurring in tnis Dren include strnngler fig (F~('us nurea),
"
le.1tber fern (t_c.!!'~t1chum .d..A-!l:,cifolium) J IDl1rlbcr:-y, (Ardisia
-
'('
"
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~6cDIloni~!~e~), and sumac (Rhu~ copallina). The more densely vegetated
~...l
f ... sou.chern nnIf of th!s arcn is II rcrr:nnnt cypress communitYJ now thorcuehly
>ii'
invlIced by IT.clnlcuc.n; other species co::monly occurring in this area
include strangler f1g, cabbage palol, serpent fern (!hlebodium aureurn),
mubcndine grnpe (V1t1s munsoninnn), morning glory (Ip0~oea sD~1t!lttn),
and terrestrial orchids.
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Tl1e remainder of the tract 1s mostly pine ,""oodLmd nabitDt. from a
low trDDsltionltl ri~c/c)'prCS5 corr~u~itYJ cr~duDlly becoming a ~ore xeric,
.uplJnd type cf f~Jtwcods rntrmun1ty in ll,e ~estcrn 1~nl1ts of the property.-..
~<~peC1es co~monly fourod jn the tro""1t1o",,1 and 10" flot"oods orens 4':;(1)))
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EAC Heeting 02/16/67
Poge 4
~nCJUd' sI,sh pine.,
Agenda Item No. 17E
Decembe< 16, 2008
Page 53 of 61
,
" .,', ,:(
cyprebS. .piriqurta (~jrjGuet3 ca~olin1ana). dropwort
(Cxypolis 'p,), blackroot (.!'"terocaulon:vir~Atu,;,);' beii.fi~wer (Lobelia
glandulosa), gopher npple (Licania michauxi!),' :and'poison ivy
(fP~icodendron :ad~ca~s).
if
~
In the central pdrts of the tr~ct. the pine w~odland con'~un1ty 1s
occ.:tsicnally interrupted ...lth a "'et prairie C~l1ni't'y; this is llst:<illy
\
open or \.lith sCLlttercd scr.all s]ash pines to 6" DtH (av~r'age DEH ca. 4").
Ground cover is trostly trncSCB and ~crbs witll n very sparse shrub layer.
Vascular pIents co~monJy occurring in these arCDS irclude soft rusn
(JU:1CL:S ~ffusl1s) ~ SUI!1(lC, goldenrod (Solida~o sp.) J bcllI]o\.,'er, snltbush
(Baccr.ar1~ ha11c1[o}~), and occas1onnl saw'palmetto. Invasjon by
exotics is ~oderate.
The ';..'cstcrn ::5-33% of tract ~s: D r:llture p1ne flnt\JOocls cO::::;'1un1ty -.,.;itlz
dense, pntc1iy shrub l(1)'er of saw p.ololetto; ground cov(:r is t'c5tly ~r.1Sbetl
with herbs <lmong the plllt"',~tto ccmIDLln1t1cs. SJ.ash pines (9-; 9" DEH,
avernge DEli CJ. 13," trees 45-90+ years in age) dor::ir.ntc tlie cOD.trunity with
" occBsional cabbage pal~5; ycry little 1nvJsiotl,bY,exot1cs ~a6,occurred in
'this ares. ether plants C OtlU1 0 n-l y. found in this nrcn include .H.:-pericum
sp. J - \.'8 X ~yrtle J fU:J1ac7 fettrrbuEh (Lyonia fn.:tlcc1~ar,' and pennyroyal
(!'.1.!",blephis .ri~id").
COU~J~ ;i(13)C0
old, estnb]jsh~d, open p1nc fl~twooJ3 cozn'unity in the
JUL
western rCDctes that erodes to the enst ~ith ~ettcr, tlore densely
Tn su:r:..1ry. the piirccl 's plJr:t cO~t",\ldtit.'~J cd.J !'~1bitJts
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tAC Yeeting C2/18/87
Page 6
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Agenda Item No. l7E
December 16, 2008
Page 54 of 61
.0
.:~
:)'(L'{
, ..~' 1. ~'," . ' " \:
, ~obdpeckers. v~r1ous other
, :' '., ") ""'I
years in 8&,e are ~tnpor~ant" ~~ ~ab1t~t. fo'(, varipus' wildlife \t,'h1ch include
"~co"~"~
r...., .,.. '."
such tnir.&s as ceer, bobcat",.squirrelJ~ !oxes.;,hawksjl owls'; red cockade.d
'J l ' , ,.. , . _.
.. . . . - 'I ~ ',' , , .: .,
l./oodpecker"and',bitd'species, varlous lizards
:';:-:'1
and ot)ler rept11cfl, as 'Well as h,.bitat'for'hundredsof"oth~r' plant .and
.'
t an10al r,pecies.
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i-.nispering PiJ'les re:pn:s.cnts Fhase; V of the !:I1pe'ri"al' Golf Estates
~ubdivisi(ln.
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Site visits to, the~ first fcur pha'ses hav'e' -revealed hOllsing
"
" .;
developments which cave left 11ttleto.no,habitat'asoriglnally exisced
in the area.
, 'i
Yr. Boker has verbally assured KRill that Pease V is planned
to be different nnd that Buetl r~~pant destruction ~il1 not oceur as
eVider.ced in the other four phases. If developed properly, Phase V could
be done 'in n fashion to reduce habitDt destruction. For exnmple, the
high elevations of the parcel will necessitate little to no fIlling for
" .
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water manage~cnt purp06e~; therefore, the opportunity exists to preserve
) .~ .', . , ' ,
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ai,large portion cf c>:isti:ig native plant species en each single family
lot. Unfortunately, even prcservir.g segments of habitat ~ill not prevent
the destruction of the o"\'crllll intE.-:grity:of tnD'parcells'ecosystem. The
'1o'-1S' "..c:.--...
11~~ge size of the lots (ca. minimuo/'ldO'I.Xt125' j ca;' 0.29 acres) w:tll be
.' . ~ - "-t:J.;fO if'
helpful 1n allowlnl home owners to hav8'th8'opport~rilty to leave h.b1ta~.
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Page 7
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(1))d?19,,~ sa,t.t;ni:1s' (Typna-latifolia) in the'littornl ,sn.c,~f z,~\ne~. ,..~!~~ one JIleans
-1',' . _ -' ~ '. . I j', ."
f, I:t!o, ~his',Eonl,the petition,riD U"&~d, t~v'~ee~at,~ at le~,.,~, p~Jtionn of
the ilttoral,snelf zone'with native Epecieti of ~quatic plants (KRJ~ ~ould
r ;~ : J.' . J., 'J . ~ _, :; J i',
, . .,. , . - . '
,~e pl~ased ;o,prcvice literature and/or sObgested species),
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rl;:.lt"'(;>"j.r-1i:l" 16 ?!)(is
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Recc:-:rr,endllt1ons:
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As noted nbove J l:f,l-ill has' conCE-'tns over the removal cf lIn acditionbl
':l",;
76.5 _Bcres of pine flnt'Wood's nlib'itll't f'rom~ tne C'allier County ecosystetn.
I:)d h',:' ' " , I .
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t _,To. ,minimize destrl1ct:1on of t1-::5' habitat. ~R~m recommends appro,val of
/') ,.1"
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,,' petition R-P6-JOC with the following stipulntions:
1-.\.
Standnrd stipulationB 1-4 ~1th, stipulation #1 t~ have the
[ollmdq;.scntence Dacca t.o t~e boginning 'o["the stipulaticn:
Pet1ricDer s~lnll be subject ~o Ordinance 75-21 Cor "the tree/
,I '" <):
veeetation reU'ov<ll ordinance. in c:X!3tencc at -the"d,o-.e of
',j':
pCn1ittine). requiring the aq1Ji.s1tion of a tree reIDov-el1 perm1t
,}'~ ~ "l,'
prior to any land clearing.
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Single f"m11)' lot OWl1ers sl;n11 be subject to Ordinance 75-21
,~ . \ : '. :
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(or the
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tree/veectD.....t..ion rCDloval ord.....nunce
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1n existence at the
,',' j'". :; :;,']';;'. f
',) ..: ~t1me oL po.pn:tting)'; requi'r'in'g'''the aquis1tion of a tree ren-,av'sl
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perc,it prior to nny land clcorinE.
Lot c~ncrs should strive
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to ~Lxi~1z~ tl~e rct~Dtion of
c:dvtjne ~.ntivc vCE,et<lt.ion--bnd..
, ,'--'::1')1)1-', i rEf..,; X)
5D~ of ,be nn,'nJ: bnb(rot int"~ I
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snouJU t~y tc JC0V~ Dt lcost
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UC reeting 02/18/87
Page 8
Agenda 11em No,17E
December'1ii, 2008
Page 56 of 61
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6.
Single fatnil}~ .loe ~WT1crB sr.nll"'remove .all exotic plant
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spec,ies. ,as, ,def,iped by the CO:uPty Code. prior to lot
. ~ JT . " .
deve1op"ent., \.ne~e, applicable',' lot' o"n"rs should consider
,r"
phnting resulting ,decuded areas with native plant species
~~ \ -/ ~
for nabitat purposes.
. Littoral lones along loke rrn.rtjns .hculd be at a side slcpe
"
:)' of less than 4: 1 depth of tt:rre feet froD1
rat:1o r.o out to a
t\rlin Jc'to.' \.inter lcvt'ls.
p
8.
Tne petiti~~~r should investignte a progr~m to reduce or
[revent the growth of cBttails (~ latifolia), in the
-
littorsl snelf zone of lokes to be constructed ~ithin the
,: +-
vrcetatjng a~lea5t
/,
project.
Frt1t1oner should ,consider
portion~ of littoral bhelf zone with native species of aquatic
plants (NRMD ~Quld be pleased to provide pert1~ent literature
gnd/or suggested species).
9. tnder troP. chrest of destruction due to developu.enc, all
protected plant specie. must be trgnsplanted in undisturbed,
preserve areas or aress 6ubjec~ to the approval of NRMD.
or
Flants will be recognized ns protected jf listed in the
h'
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"(lfficjal Ljf,ts of FndrmF,crctl Fnur:.a nnd Flora of Flor1r:!il"
(compJlcd by the FloridB GB",e and Fror,h I:ater Fj.~" '.' '(;,C51::.I,)
Gorrm15.10n) or .ny other or feder.l lists "
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1ncluce but .ro not 11~ited to tee follo~ir.g:
creeping
Agena\3 Item No, 17
Dece'mber 16. 200
i';age 57 of 6
,
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" Staff Report
EAC l'oeting 02/18/87
Page 9
orchid (!iAbeflnr1a ('ld.9ntopetal~), blltterfly orchid (Encyclia
t"t"'rer~is), air plants (Tillardsjp. spp.), golden polypocy
fern (?hld:cd1~lY1 ~~~).
All transp1ant:l:"eS uust be
,per;c""ed by sualified personnel 'Ubiect to approval by NR}:D.
I
It.
. ~ '):,).
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The 3.1-3.5 ~cr~ cy~r~ss w~tlDnd in the nortne~stern corner
."
~hall be preserved. Prior to any dcvclop~ent of surrounding
lands, t~e ~r~scrvcs ~h811 be fJneccd; fJnEg1~g bou~dJr1eB
1"(
d ~j
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sha] l.be :'er:.[1cd cy t~RY.D.
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(1G C~c.J ( I ''.. 1'-',' ..', , , ' ,
Prepmd by: ~I~--"~~~;/~~e:
J/-,) -7 ,_/ "
Revie....ed by: ...v. ,7' - /(L'-/nr~r-Jv'<Q~;h Date:
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ORDINIUiCE 1'7-
AN ORDINANCE A.....nroINc OIUHNM'r:; 82-2 THE COMJ'R'EHEI"-
SIVf. z.ONINC HGtn..Atr01.$ fOR '!liE UNINCORT'OPJ.TtD AREA
OF cOLLtER CotnrrY, nORInA, l:!.Y }..Y.!NnIllC THE OFFICIAL
ZONING HUS XAJ' NL'XnER 1.8-25-6 BY CllANGING THE
ZONING CI.ASSIFICATION or TilE. ltEREI" DESCRIBED PROPERTI
LOCATED APPROXIMATELY 1 HILE NORTH OF IHMO~LEE ROAD,
JU5T EAS'T OF IKPtRtA.L COLF ESTATES, SOUTM 1/2 OF 'l:HE
sounM:ST 1/4 OF SEC7Iol'l 13, TOWNSHIP 48 SOunt, RANCE
25 U.ST, ... 82 ACRES, 7"ROH A-'l TO RSf-) fOR 150
or"rr:t.Ll:-l(, UNtTS; 1J:n BY PROVIDING fOR AH EFfECl1vt
nATE.
~IERf.AS, Conley b B8k~r, reprewenting Whilp.ring Pinea, Inc.,
petitioned tht ,,"onrd of CO\..lI",ty Con:milllirmcra to chlln8C1 Zoning ClIl..-
1!1cation of tb. hereinAfter dtllcr1bed real property;
NOIol, TtlERI:fDRE BE IT ORDAINED BY TilE BQARD Of COl.-lHY COl1}iISSIC~ERS
OF COLLIER COUNTY, fLORIDA:
5f.CTHHl ONE;
The ;';onln~ Clfttlldf1~At1on of tht hen1n cleacrihl'd r~lll property 1.
c:nnJ1RCd from A-
to RSf-J ane! the Offtcial Z0l11ng Atlna ~\;lp I;\:lllber
1.8-2S-6, IlB dl'~crlb~<1 in Orainance 82-2 15 hereby ali1endl'e! Ilccord1ngly:
SOUlh In of tl1e ;>outh",eet 1/1. of Section U,
To..mahlp lo8 South, RAnge 25 Ealit, Collier ':ounty,
Florida.
!I
"
SlTT10~ T\;ri:
Thifl OrtJinlll1ct nhl\ll bu:otIle ef!r.ctivt! upon notice that it hall. been
reco:iv.d hy the Offlco: of the Steretary of Stnte,
~
BOARD OF COUNTY CO~lSS10~ERS
COLLIER COUNTY, FtOR!D~
DATE:
ATTEST:
J~S C. GILf.S, CLrRK
BY:
MAX A. lL\SSE. JR.., CIL\lRXAH
}l.rI'II0Vf.D AS TO rOllH AND
Lf.CAL $\Jff!Clt:.,:y:
t{Azl)
~~
ASSlSTAI'T COUNTY ATTORNEY
lULl
Ulll),l ()
l-86.)OC Crd1nane.
"
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,
J. Christopher Lombardo, Chairman
Margaret Hanson, Vice Chairman
Paul J. Moriarty, Sr. Treasurer
James Quigley, Commissioner
John O. McGowan, Commissioner
J\genda Item No. 17E
December 16, 2008
Page 59 of 61
1885 Veterans Park Drive
Naples, FL 34109
(239) 597-3222
Fax (239) 597-7082
North Naples Fire Control and Rescue District
September 23, 2008
Tom Haruff, President
hnperial Golf Estates Homeowners Association
Re: Livingston Road Access
Dear Tom,
In an effort to provide clarification regarding the District's position on an access road to the
hnperial Golf Estates. I would like to offer the following information:
· The District is in the process of completing the construction plans for our Station #48 to
be located on Livingston Road, approximately one mile from the proposed Marquis
entrance to the Imperial Golf Estates. The Board of Fire Commissioners has clearly
determined the construction of this station is of the utmost priority.
· The current plans are to staff Station#48 with an Advanced Life Support apparatus,
including Advanced Life Support paramedics.
We would support the Eastwood Drive (Palm River) access road to Imperial Golf Estates only
as a last resort for the following reasons:
· The existence of five speed bumps which would impede the progress of any responding
emergency vehicle
. The speed limit is 25 mph through this residential area
· The current bridge will not support many of the emergency apparatus operated by the
District
As always, our desire is to provide the most efficient and effective emergency response to our
residents, The addition of an access road to hnperial Golf Estates off of Livingston Road would
provide us with the ability to reduce response times and more effectively serve your community.
While our intent is not to discourage creation of an access to Imperial Golf Estates via Palm
River, because of the reasons stated above, it would be insufficient for emergency use, except as
a last resort,
Agenda item No. 17E
December 16, 2008
Page 60 of 61
Tom Haruff, President
September 23, 2008
Page Two
Should you have any questions, don't hesitate to contact me.
Sincerely,
~<-.A-~~n,- ~j
MICHAEL L~BRO~
Fire Chief
Agenda item No. 17E
December 16. 2008
Page 61 of 61
ORDINANCE NO. 08-_
AN ORDINANCE AMENDING ORDINANCE NO. 87-55, AS
AMENDED, IMPERIAL GOLF ESTATES, PHASE V, BY
DELETING ITEM "W", CONCERNING AN EMERGENCY
ACCESS ROAD VIA EASTWOOD DRIVE, FROM THE
AGREEMENT SECTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on July 28, 1987. the Board of County Commissioners approved Ordinance No. 87-
55. having the effect of rezoning certain lands now referred to as Imperial Golf Estates, Phase V, with
certain stipulations of approval; and
WHEREAS, on August 13. 1996, the Board of County Commissioners approved Ordinance No,
96-48, thereby amending the Agreement section of Ordinance No. 87-55; and
WHEREAS, the Board of County Commissioners desires to further amend Ordinance No, 87-55.
as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA that:
SECTION ONE; AMENDMENT TO AGREEMENT. ITEM "W"
The section entitled "Agreement" and made a part of Ordinance No. 87-55, is hereby amended by
deleting item "W" as indicated by the following:
'1.. .A~H em8f:g8flSj assess reacl is reElHirea. East'" eeci Dri', e sRall he eSHtissea fr6ffi
Palm Ri':er aRa interseet '(,'it)::) East I~eFial DFi",'e iF! IRlf'eFia-l Celf Estates. THis
Till :sRele the DistFiet te SfJ888 1:113 8mergeHey resfJ8Hse times iRte this area.
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 _day of .2008,
ATTEST:
DWlGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
,Deputy Clerk
BY:
TOM HENNING, CHAIRMAN
Approved as to fonn
and legal sufficiency:
JL (, ~ll
Steven T. WiIiiams
A::;:..istant County Attorney
08.0105/1
Words underlined are added; Words stn:Idc tRf!:l1::lgl:! are deleted.