Ordinance 2009-21
ORDINANCE NO. 09-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLffiR COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULA nONS FOR THE UNlNCORPORA TED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIA TE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED
UNIT DEVELOPMENT ZONING DISTRICT (PUD) TO A
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
ZONING DISTRICT FOR A PROJECT KNOWN AS THE
MIRASOL RPUD, A PROJECT WITH A TOTAL OF 799
DWELLING UNITS. THE PROPERTY IS LOCATED ON THE
NORTH SIDE OF IMMOKALEE ROAD (CR 846) BORDERED
ON THE EAST BY BROKEN BACK ROAD AND FUTURE
COLLIER BOULEVARD (CR 951), IN SECTIONS 10, 15 AND
22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 1,543+/- ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER
2001-20, THE MlRASOL PUD, AND REVERSION OF FIVE
ACRE TRACT TO AGRICUL ruRAL; AND BY PROVIDING
AN EFFECTIVE DATE.
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WHEREAS, IMCOLLIER JOINT VENTURE, represented by Richard Yovanovich,
Esq., of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., petitioned the Board of
County Commissioners to change the zoning classification of the herein described real property.
NOW, THEREFORE, BE IT OJ.IDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ZONING CLASSIFICATION
The zoning classification of the herein described real property located in Sections 10, 15
and 22, Township 48 South, Range 26 East, Collier County, Florida, is changed from a Planned
Mirasol, PUDZ-A-2007-AR-12046
Revised 03/18/09 HFAC
Page 1 of3
Unit Development Zoning District to a Residential Planned Unit Development (RPUD) Zoning
District for a 1,543+/- acre project to be known as the Mirasol RPUD, in accordance with
Exhibits A-F, attached hereto and incorporated by reference herein. The appropriate zoning atlas
map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO: REPEAL OF ORDINANCE AND REVERSION OF FIVE-ACRE TRACT
Ordinance Nwnber 01-20, known as the Mirasol PUD, adopted on April 24, 2001 by the
Board of County Commissioners of Collier COWlty, Florida, is hereby repealed in its entirety.
The five acre parcel of property identified as Folio No. 00179240005 was inadvertently added to
the legal description in Ordinance 01-20 and shall revert to its base zoning of Agricultural.
SECTION THREE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this 2~~ day of /1 f1 r; / , 2009.
ATTEST:
DWIGHT B~!3.*(1~~C:~ERK
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BOARD OF COUNTY COMMISSIONERS
::LLm!j;:~.
DO A FIALA, CHAIRMAN
Mirasol. PUDZ-A-2007-AR-12046
Revised 03/18/09 HFAC
Page 2 on
This ordinance filed with the
Secretory of litte~ Office the
.Jtd:4.cjoy of a. ,2 obq
and acknowledgement of that
fi/in received this 11i!!.! doy
oL.
Approved as to form
and legal sufficiency:
qJAf)l A--(J( 0
eidi Ashton-Cicko
Assistant County Attorney
Attachments:
Exhibit A
Exhibit B
Exhibit B2
Exhibit C
Exhibit C2
Exhibit D
Exhibit E
Exhibit F
08-CPS-00860\4 7
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Permitted Uses
Development Standards
Flag Lot Scenario
Location Map
Master Plan
Legal Description
Deviations
Developer Commitments
Mirasol, PUDZ-A-2007-AR-12046
Revised 03/1 8/09 HF AC
Page 3 of3
EXHIBIT A
FOR
MIRASOL RPUD
PERMITTED USES:
A maximum of 799 residential units and a maximum of 36 golf course holes may
be developed within the RPUD.
1. Residential/Golf Tracts (RG):
A. Principal Uses:
1. Single-family detached dwelling units.
2. Zero lot line dwellings.
3. Single-family attached and townhouse dwellings.
4. Two-family and duplex dwellings.
5. Multiple-family dwellings.
6. Any other principal use which is comparable in nature with the
foregoing uses and which the Board of Zoning Appeals
determines to be compatible in the "RG" district.
B. Accessory Uses/Structures:
1. Uses and structures customarily associated with principal uses
permitted
2. Guest houses.
3. Common area recreation facilities.
4. Clubhouse or recreation centers for residential uses.
5. Open space uses and structures such as, but not limited to,
boardwalks, nature trails, bikeways, gazebos, boat and canoe
docks, fishing piers, picnic areas, fitness trails and shelters.
6. Model homes, welcome centers and sales trailers.
7. Golf course, practice areas and ranges, golf cart barns, rest
rooms, shelters snack bars and golf course maintenance yards.
Revision date 4-30-09
8. Golf Club Complex as located on the Master Plan:
i) Retail establishments accessory to the permitted uses in the
District such as, but not limited to, golf, tennis and
recreation related sales.
ii) Restaurants, cocktail lounges, and similar uses intended to
serve club members and club guests
iii) Pro-shops, golf club, tennis clubs, health spas and
equestrian clubs.
9. Shuffleboard courts, tennis courts, swimming pools, and other
types of accessory facilities intended for outdoor recreation.
10. Guardhouses, gatehouses, and access control structures.
II. Essential services, pursuant to the LDC.
12. Water management facilities and related structures.
13. Lakes including lakes with bulkheads or other architectural or
structural bank treatments.
14. Community and neighborhood parks, recreational facilities,
community centers.
15. Temporary construction, sales, and administrative offices for
the developer, builders, and their authorized contractors and
consultants, including necessary access ways, parking areas and
related uses.
16. Landscape features including, but not limited to, landscape
buffers berms, fences and walls.
17. Any other accessory use which is comparable in nature with the
foregoing uses and which the Board of Zoning Appeals
determines to be compatible in the "RG" district.
II. Conservation/Preserve Tract:
A. Principal Uses:
Revision date 4-30-09
2
Revision date 4-30-09
1. Passive recreation uses limited to the following so long as
clearing for such uses does not result in the reduction of
Preserve acreage below the minimum requirement:
i. Boardwalks
11. Environmental uses (wetlands and conservation areas)
111. Pedestrian bridges
IV. Equestrian trails
v. Pervious nature trails except where American
Disabilities Act requires otherwise.
VI. Native Wildlife sanctuary
VII. Inclement weather shelters, in preserve upland areas
only unless constructed as a part of a permitted
boardwalk system. The shelters shall be a maximum of
150 square feet each.
2. Environmental research
3. Drainage and water management facilities subject to all
required permits.
4. Any other use which is comparable in nature with the foregoing
list or permitted principal uses, as determined by the Board of
Zoning Appeals through the process outlined in the LDC.
3
EXHIBIT B
FOR
MIRASOL RPUD
DEVELOPMENT STANDARDS:
Table I below sets forth the development standards for land uses within the RPUD.
Standards not specifically set forth herein shall be those specified in applicable sections
of the LDC in effect as of the date of approval of the site development plan (SDP) or
subdivision plat.
T ABLE I
DEVELOPMENT STANDARDS FOR
"RG" RESIDENTIAL AREAS
Single Zero Two Single Multi- Clubhouse!
PERMITTED Family Lot Family and Family Family Recreation
USES Detached Line Duplex Attached and Dwelling Buildings
AND Townhouse *6
STANDARDS
1 2 3 4 5 6
Principal
Structures
Minimum Lot 5,000 SF 4,000 3,500 SF per 3,500 SF 9000 SF nla
Area SF lot or unit
*3
Minimum Lot 50' *7 40' *7 35' per lot 35'*7 90' nla
Width *4 *7 or unit *7
Front Yard 20' *2 *7 20' *2 20' *2 *7 20' *2 *7 20'*2 25'
Setback *2 *7
Side Yard 7.5' *7 Oar 10' 7.5' *7 *8 7.5' *7 *8 15' *5 5'
Setback *7
Rear Yard 15' *7 15' *7 15'*7 15' *7 15' 0'
Setback * 1
Setback From 10' *7 10' *7 10' 10' 10' 20'
Golf Course
Setback From 25' 25' 25' 25' 25' 25'
Preserves
Maximum 35' 35' 35' 35' 50' (5 stories 50' (2 stories over
Zoned Height not to exceed parking not to
*10 50') *9 exceed 50')
Actual Height 45' 45' 45' 45' 65' 75'
*10
Floor Area 1000 SF 1000 SF 1000 SF 1000 SF 750 SF nla
Min. (S.F.)
Distance 10' 10' 10' 10' 20' *5 15' or .5BH
Between whichever is
Principal greater *6
Structures
Revision date 4-30-09
4
Single Zero Lot Two Family Single Family Multifamily C1ubhouse/Recreat
Accessory Family Line and Duplex Attached and Dwelling ion Buildings *6
Structures Detached Townhouse
Front Yard SPS *7 SPS *7 SPS SPS SPS SPS
Setback *2
Side Yard 5' *7 o or 10' 5' 5' 10' 5'
Setback *7
Rear Yard 10' *7 10' *7 10' 10' 10' 10'
Accessory
Setback * 1
Setback From 10' 10' 10' 10' 10' 10'
Preserves
Distance 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10'
Between
Accessory
Structures on
the same lot
Distance 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10'
Between
Accessory and
Principal
Structures on
same lot
Maximum SPS SPS SPS SPS SPS SPS
Zoned Height
*10
Actual Height SPS SPS SPS SPS SPS SPS
*10 , I
Front yards for all uses shall be measured as follows:
A. If the parcel is served by a public road right-of-way, setback is measured from the adjacent right-of-way line.
8. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed).
* I - Rear yards for principal and accessory structures on lots and tracts which abut lakes and open spaces. Setbacks from lakes for all principal and
accessory uses may be 0 feet provided architectural bank treatment is incorporated into design and subject to written approval from the Collier County
Engineering Review Section.
*2 - Single-family dwellings which provide for two parking spaces within an enclosed garage and provide for guest parking other than in private driveways
may reduce the front yard requirement to 10 feet for a side entry garage. Multi-family dwellings which provide for two parking spaces within an enclosed
garage and provide for guest parking may reduce the front yard to 15 feet. This reduction shall not result in an approval to impede or block the sidewalk.
Front loaded garages shall be a minimum of23 feet from the edge of sidewalk.
*3 - Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet.
*4 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained.
*5 - Building distance may be reduced at garages to_half the sum of the height of the garages.
*6 Although neither setbacks nor separation between structures are applicable to the clubhouse and other recreation structures located on a clubhouse tract,
neither the clubhouse nor any other recreational structure shall be located closer than 25 feet from any residential or preservation boundary.
*7 - The use of tlag lots is allowed to provide maximum tlexibility in subdivision design and may vary from the minimum lot widths, However, neither the
minimum lot area, nor the minimum distance between structures may be reduced.
*8 - Zero foot (0') setback for internal units,
*9 Inclusive of under building parking
* I 0 Buildings shall not exceed three stories within 1,250 feet of Immokalee Road.
BH = Building Height
SPS = Same as Principal Structure
Revision date 4-30-09
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FLAG LOT
DENOTES LOT LINE
NOTE:
THIS EXHIBIT IS fOR ILLUSTRAnVE PURPOSES
TO SHOW HOW CERTAIN GEOMETRV OF A GIVEN
TRACT WOULD FACILITATE lifE IMPLEMENTAnON
OF A "FLAO LOT' DESIGN lAYOUT.
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PROJECT NAME
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DRAWING NAME:
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DRAWN BY:
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Professional Engineers, Planners & Land Surveyors
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CUENT:
LEGEND
L CONCEPTUAL LAKE LOCATIONS
RIGHT -OF-WAY
* LAND USE AREAS ARE CONCEPTUAL AND SUBJECT TO
RELOCATION/CHANGE PRIOR TO CONSTRUCTION PERMITTING
SPECIAL NOTES:
I) WHERE APPLICABLE ALONG PROJECT BOUNDARV AND UNleSS OTHERWISE
NOTED PRESERVE AREAS SHALL SERVE AS BUFFERS. IF AFTER EXOTIC REMOVAL
THE PRESERVE VEGETATION FAILS TO MEET MINIMUM CODE BUFFER STANDARDS
ADDITIONAL PLANT MATERIAL MAV BE REQUIRED.
NATIVE HABITAT SUMMARV:
EXISTING NATIVE HABITAT = 8S3.2 Ac.:t:
REQUIRED NATIVE HABITAT (60%) = SI1.9 Ac.::!::
PROVIDED NATIVE HABITAT (ON SITE) = 461.6 Ac.:t
NATIVE HABITAT PROVIDED (OFF-SITE) = 50.3 Ac,:t
I.M. COLLIER JOINT VENTURE
PROJECT NAME
MIRASOL PUD AMENDMENT
CcrriJica'c 01 AurhorizlIrion No.. LB J6&4 ad EB 3664
DRAWING NAWE:
CONCEPTUAL MASTER PLAN
EXHIBIT 'C2' LEGEND & SPECIAL NOTES
DRAWN BY:
REVlEWl::D BY:
DATE:
SCALE::
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1'-2000'
ABe PROJECT No.: 7883
ACAD FILE: NAME: 9418C2
DRAWING FIlE No,: 9418-3
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EXHIBIT D
FOR MIRASOL RPUD
LEGAL DESCRIPTION
SECTION 10
ALL THAT PART OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; LESS AND EXCEPT THE FOLLOWING FOUR (4)
PARCELS:
1) THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4,
2) THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4,
3) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4,
4) THE EAST HALF OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4
SECTION 15
ALL THAT PART OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA
LESS & EXCEPT
THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4, AND THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4,
SECTION 22
ALL THAT PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE EAST 1/2 OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4,
THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4,
THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4,
THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4,
Revision date 4-30-09
11
THE NORTHWEST 1/4 OF THE NORTHEAST 1/4; AND THE WEST 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4,
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4,
THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4,
THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4,
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4,
THE EAST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST
1/4, LESS & EXCEPT THE SOUTH 100 FEET,
THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER, LESS & EXCEPT THE SOUTH 100 FEET,
THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER, LESS & EXCEPT THE SOUTH 100 FEET,
THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4,
THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4,
THE WEST 1/2 OF SOUTHWEST 1/4 OF THE SOUTHEAST 1/4, LESS & EXCEPT
THE SOUTH 100 FEET,
THE WEST 3/4 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST
1/4, LESS & EXCEPT THE SOUTH 100 FEET
Revision date 4-30-09
12
EXHIBIT E
FOR
MIRASOL RPUD
DEVIATIONS
1. Deviation #1 seeks relief from Appendix B of the LDC, entitled "Typical Street
Sections and Right-of-way Design Standards", which requires cul-de-sacs and
local streets less than one thousand feet (1,000') in length to have a minimum
sixty foot (60') right-of-way width and two ten foot (10') wide travel lanes, to
allow a minimum right-of-way width of forty feet (40') for private streets and
fifty feet (50') for spine, collector and interconnecting roads.
2. Deviation #2 seeks relief from LDC Section 6.06.01.J. Street System
Requirements, to allow that Cul-de-sacs in excess of one thousand feet
(1,000') in length. For any cul-de-sac exceeding 1,200 feet in length, the
roadway must include at approximately 1,200 feet intervals design features
which provide for the ability of emergency vehicles to turn around. Traffic
roundabouts, eyebrows, hammerheads or similar design features shall be
allowed.
3. Deviation #3 seeks relief from LDC Section 6.06.01.Q. Street System
Requirements, which requires that street name markers shall be approved by
the County Manager or designee for private streets or in confoll11ance with
U.S.D.O.T.F.H.W.A. This requirement shall be waived. However, breakaway
posts shall be used.
4. Deviation #4 seeks relief from LDC Section 6.06.01.R. Street Requirements
which requires that street pavement painting, striping and reflective edging
of public roadway markings shall be provided by the developer as required
by the U.S.D.O.T.F.H.W.A. This requirement shall be waived for private
roadways with 40' widths. Traffic circulation signage shall be in conformance
with U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Device
standards.
Revision date 4-30-09
13
EXHIBIT F
FOR
MIRASOL RPUD
LIST OF DEVELOPER COMMITMENTS
Regulations for development of the Mirasol RPUD shall be in accordance with the
contents of this RPUD Ordinance and applicable sections of the LDC and Growth
Management Plan (GMP) in effect at the time of issuance of any development order in
which said regulations relate. Where this RPUD Ordinance does not provide development
standards, then the provisions of the specific sections of the LDC that are otherwise
applicable shall apply.
A. RPUD MASTER PLAN
1. Exhibit "C2", the RPUD Master Plan, illustrates the proposed
development and is conceptual in nature. Proposed tract, lot or land use
boundaries or special land use boundaries, shall not be constmed to be
final and may be varied at any subsequent approval phase such as
platting or site development plan application. Subject to the provisions
of Section 10.02.13 of the LDC, RPUD amendments may be made from
time to time.
B. TRANSPORTATION
1. Upon the County's adoption of a CR-95 I extension corridor alignment,
and within 180 days of the County's request, the Developer, its
successors or assigns, shall dedicate to County fee simple right-of-way
for the roadway and drainage system at the predetermined amount of
$45,000 per acre, for those areas located outside the limits of the
residential/Golf Course areas depicted as "RIG" on the PUD master
plan.
Upon recordation of the deed or other conveyance instrument in the
public records of Collier County for the dedication of the right-of-way,
the Developer shall become eligible for Transportation hnpact fee
credits in accordance with the consolidated impact fee Ordinance in
effect at the time of recordation of the dedication. If the project is built
out or has prepaid transportation Impact Fees to be assessed for the
project, then the Developer or its successors or assigns shall be eligible
to request cash reimbursement.
The Developer shall not be responsible to obtain or modify any permits
on behalf of the County related to the extension of CR-951.
2. The Developer shall construct a 10' multi-use pathway to be located
along the Immokalee Road right-of-way on the North side ofthe
Revision date 4-30-09
14
Cocohatchee Canal as a part of the entrance construction. Completion
of construction of the pathway shall be completed concurrently with the
vehicular connection to the existing bridge over the Cocohatchee Canal.
3. The Developer entered into a Developer Contribution Agreement with
Collier County on May 3rd, 2007. Pursuant to the terms of that
agreement, the project is vested for 799 dwelling units for the purposes
of transportation concurrency.
4. The Developer, its successors, or assigns, agree that at the time of any
subsequent Development Order approval within this PUD, the
Developer, or its successors or assigns, shall be responsible for their
respective fair share of the North leg of the CR-951/Broken Back Road
intersection with Immokalee Road, which includes modification,
replacement, or relocation of the at-grade bridge crossing the
Cocohatchee Canal.
C. ENVIRONMENTAL
1. As a part of the environmental resource permitting process ofthe South
Florida Water Management District (SFWMD) and the United States
Army Corps of Engineers (USACOE) permitting, recommendations
from the Florida Fish and Wildlife Conservation Commission (FFWCC)
and the United States Fish and Wildlife Service (USFWS) regarding
impacts to protected wildlife species will be incorporated into the
permits issued for this project. The developer shall comply with the
guidelines set forth within those permits. Habitat management plans
shall be provided for protected listed species.
2. The property will be required to preserve 511.9 acres of native habitat.
This will be done through a mix of on-site and off-site preservation.
3. Mirasol will provide water quality testing as defined in the Mirasol
Water Quality Monitoring Plan which is Exhibit #6 of the Mirasol
Environmental Resource Permit # 11-02031- P. Any deviation from these
testing and monitoring procedures will require prior approval from the
District Environmental Compliance Staff. Such request must be made in
writing and shall include (1) reason for the change and (2) an outline of
the proposed change.
The results of the Water Quality Monitoring referenced above shall be
submitted to Collier County's Director of Engineering and
Environmental Services. If the Petitioner is not in compliance with
standards in condition #3 (condition #33 of the SFWMD, ERP
referenced above), remediation shall occur at the Petitioners' expense.
Revision date 4-30-09
15
4. The project is proposing impacts to 586 acres of wetlands. The project
has identified 515.2 acres of 586.2 acres (88 percent) of the required
wetland mitigation acreage. The remaining 71 acres of off-site
mitigation shall be identified prior to SDP approval. The 71 acres of
off-site wetland mitigation shall be located in the watershed known as
Cocohatchee River Canal Basin in Collier County.
5. The minimum preserve acreage shall be maintained. Additional
preserve acreage shall be added onsite or offsite to compensate for any
clearing needed for private access to out parcels within the preserve.
D. EXCA V A nON
Excavation activities shall comply with the definition of a commercial or
development excavation pursuant to Section 22-106 of the Code of Laws
and Ordinances of Collier County Florida. The entire water management
pass-tool system will be constructed at one time as per South Florida
Water Management permit #11-02031-P, as amended, prior to the
residential development under an administratively issued
"development" excavation permit as long as no more than 20,000 C.y. of
material is removed off-site. As per Section 22-106 of the Code of Laws
and Ordinances, a commercial excavation permit will be required for
removing more than the approved 20,000 c.y. of material off-site.
E. OUTP ARCEL IN SECTION 10
A temporary access easement shall be granted to the owner of parcel
number 00178760007, at a location specified by 1M Collier Joint Venture
it's successors and assigns. At such time that the northern portion of the
Mirasol RPUD has access to a public road, the developer shall provide
reasonable access from the parcel number 00178760007 across the
Mirasol RPUD to the public road. Both the temporary and permanent
easements shall be granted to the owner of this parcel, at no cost to the
County or the owner of this parcel.
Revision date 4-30-09
16
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009-21
Which was adopted by the Board of County Commissioners
on the 28th day of April, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 4th
day of May, 2009.
DWIGHT E. BROCK,,,. '1("
Clerk of Courts antf ,:C;:'lerk'l,
Ex-officio to Board,ot 4..
County Commissione~s
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C-h~(}':~";'_'"
By: Ann Je 'ohn, ,
Deputy Clerk