Resolution 1989-080A
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MARCH 28;' 1989,\';'/'.;.
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RESOLUTION NO. 89-80A
RELATING TO PETITION NUMBER SMP-88-8 FOR
GATES MILLS REQUESTING SUBDIVISION MASTER
PLAN APPROVAL OF PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature ot the State ot Florida in Chapter
125, Florida Statutes has conterred on Collier county, the power
to establish, coordinate and entorce, zoning, building, housing
and related technical codes and regulations as are necessary for
the protection ot the public; and
WHEREAS, the County pursuant thereto has adopted a
Subdivision Ordinance (Ordinance 76-6) establishing such
regulations; and
WHEREAS, the Collier County Planning commission being the
duly appointed and constituted authority for the review and
approval of subdivision master plans, has held a public hearing
after due notice and has considered the advisability of
Subdivision Master Plan approval for the property hereinafter
described and has found that satisfactory provision and arrange-
ment has been made concerning all applicable matters required by
said regulations and in accordance with Article IX, section 3,
thereot, and has recommended approval ot said Subdivision Master
Plan; and
WHEREAS, all interested parties have been given opportunity
to be heard by this Board in pUblic meeting assembled and the
Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS ot Collier County, Florida, that the petition
tiled by Q. Grady Minor and Associates, P.A., representing Cates
Mills Development Company, with respect to the property
hereinafter described as:
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southwest quarter '
The south half ot the north half of the
of the southwest quarter of section 24, Township 48 south. Range
25 East, Collier County, Florida.
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Be and the same tor which the Subdivision Mast~r Plan
approved subject to the following conditions:
a. Petitioner shall be subject to Ordinance
75-21 (or the tree/vegetation removal
ordinance in existence at the time of
permitting), requiring the acguisition ot a
tree removal permit prior to any land
clearing. A site clearing plan shall be
submitted to the Environmental Resources
Management Department and the community
Development Division for their review and
approval prior to any substantial wo.k on
the site. This plan may be submittei in
phases to coincide with the development
schedule. The site clearing plan shall
clearly depict how the final site
layout incorporates retained native
vegetation to the maximum extent possible
and how roads, buildings, lakes, parking
lots, and other facilities have been
oriented to accommodate this goal.
b. Native species shall be utilized, where
available, to the maximum extent po~sible in
the site landscaping design. A lan{,'.scaping
plan will be submitted to the Envircmmental
Resources Management Department and
community Development Division for ~heir
review and approval. This plan will depict
the incorporation of native species and
their mix with other species, if any. The
goal of site landscaping shall be the
re-creation of native vegetation and habitat
characteristics lost on the site during
construction or due to past activities.
c. All exotic plants, as defined in the County
Code, shall be removed during each phase of
construction from development areas, open
space areas, and preserve areas. Following
site development a maintenance program shall
be implemented to prevent reinvasion of the
site by such exotic species. These
inspection intervals shall be filed with
and approved by the Environmental Resources
Management Department and the community
Development Division.
If during the course of site clearing,
excavation, or other construction
activities, an archaeological or historical
site, artifact, or other indicator is
discovered, all development at that location
shall be immediately stopped and the
Environmental Resources Management
Department notified. Development will be
suspended for a sufficient length of time to
enable the Environmental Resources
Management Department or a designated
consultant to assess the find and determine
the proper course of action in regard to its
salvageability. The Environmental Resources
Management Department will respond to any
such notification in a timely and efficient
manner so as to provide only a minimal
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interruption to any construction activities.
The site clearing plan tor the residential
community shall incorporate as much ot the
existing native habitat as teasible into the
development.
f. Detailed construction plans including
paving, grading, site drainage and utilities
shall be submitted to project Review
Services for review. No construction
permits shall be issued unless and until
approval of the proposed construction in
accordance with the submitted plans is
granted by project Review Services.
g. Approval of this petition shall be subject
to assurance from the Collier County utility
Division that flows generated by thio
project can be accommodated.
h. The cypress head located in the western
portion of the project shall be designated
as a "cypress preserve". The lot line
running through the cypress preserve area
shall be removed. The cypress presel~e area
shall be set aside as a separate trar.t or
easement dedicated to common ownershJ.p of
the subdivision (Home Owners Association).
Provide spreader swale discharge int~ the
Cypress Preserve area, rather than point
discharge.
i. The Water Management System shall be
designed in accordance with South Florida
Water Management District's rules and
regulations and appropriate provisions of
the Collier County SUbdivision Regulations.
This area (Willoughby Acres and surrounding
area) is under consideration by the county
and the South Florida Water Management
District for modification of design
requirements. If the modifications are
adopted, this project may be required to be
designed in accordance with the new
standards.
j. Stormwater Discharge shall be to the west
away from the existing Willoughby Acres
subdivision drainage system.
k. Platting is required in accordance with
Collier County Subdivision Regulations, if
any lots, tracts, or parcels are to be sold.
1. Construction of all water management
facilities shall be subject to compliance
with the appropriate provisions of the
Collier County Subdivision Regulations.
m. The design, construction and conveyance of
water and sewer tacilities for this project
shall be in compliance with Collier county
Ordinance No. 88-76.
n. Applicable road impact fees in accordance
with Ordinance No.r,.88-55 shall be paid in'
full prior to issuance of building permits
for this project.
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28 ;:1989>,\i.'~~'~~'"
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o. That the cul-de-sac be redesigned in the
manner of a temporary turn-around pending a
determination as to the extension of
wickcliff Drive west to the proposed
extension ot Airport-Pulling Road, north of
Immokalee Road, and that LotB 13, 14 and 15
be held in reserve for this purpose for a
period not to exceed five (5) years, at
which time or sooner as determined by
Collier County, a decision will be made that
Airport-Pulling Road will be financially
committed for extension or the right'.of-way
reservation for Airport-pulling Road and
wickcliff Drive shall be acquired by fee
simple title.
Should it be decided that the extension of
wickcliff Drive west is unnecessary, because
Airport-Pulling Road extension north is no
longer determined to be feasible, then
provision shall be made for extending
Wickclift Drive north through proposed Lot
13 while Lot 14 and 15 will remain s~bject
to stipulation"j" b<ifore it is conveyed.
Lot 13 shall be held in reserve pending the
decision to extend Airport-Pulling Road and
the extension Of wickcliff Road west to
Airport-Pulling Road.
Should the County acquire proposed Lots 14
and 15 in their entirety then all of the
objectives of this stipulations shall have
been met and proposed Lot 13 is released
from any reservation requirement and may be
disposed of by the developer as a building
site.
BE IT FURTHER RESOLVED that this resolution be recorded in
the minutes of the Board of County Commissioners.
commission Shanahan
offered the foregoing
Resolution and moved its adoption, seconded by Commissioner
and upon roll call, the vote was:
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AYES: Commissioner Shanahan, Commissioner Hasse\ Commissioner
Commissioner Goodnight, Commissioner Saunuers
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
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Done this
28th
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."" : DATED: MarcJ?, 28. 1989
,..', ATTEST: '..,
-:;JAMES C.CIl>~~S' CLERK
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Approved as to torm and
legal SUfficiency:
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Marjo~ e M. student
Assistant county Attorney
SMP-88-8 RESOLUTION
1"1
day ot
March
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, 1989.
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BOARD OF COUNTY COMMISSIONS':..'';!i,',.,''N':,;',:;~
COLL;J! CO~Y, *"~,:~t.i:'; i < ,:""" ,
BY~~"';"'("
BURT L. ShUNDERS, CHAIRMAN
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