Ordinance 96-38 ORDINANCE NO. 96- 38
AN ORDINANCE AMENDING ORDINANCE NUMBER {{ RECEIVED
91-102, THE COLLIER COUNTY ~ND Oerk
D~E~PMENT CODE WHICH ESTABLISHED THE ~ Board
COMPREHENSIVE ZONING REGU~TIONS FOR THE
~INCORPO~TED AREA OF COLLIER COUNTY,
F~RIDA, BY ~ENDING THE OFFICIAL ZONING
AT~S ~P N~BER 0608N BY CH~GING THE
ZONING C~SSIFICATION OF THE HEREIN
DESCRIBED PROPERTY ~CATED IN THE
SO~HWEST QUADRANT OF THE INTERSE~ION OF
COUNTY B~N ROAD ~D DAVIS BOUL~ARD
(S R. 84) IN SECTION 8, TOWNSHIP 50 .
SO~H, ~NGE 26 EAST, COLLIER CO~TY,
F~RIDA, FROM "E" ESTATES TO ~F-6(4) FOR
232 ~LTI-F~ILY RESIDENTIAL UNITS;
PROQIDING FOR STAFF ~D P~NNING
CO~ISSION STIPU~TIONS; AND BY PROVIDING
~ EFFE~IVE DATE.
WHEREAS, Dwight Nadeau of McAnly, Asher and Associates,
P.A., representing Wallace R. Devlin, petitioned the Board of
County Commissioners to change the zoning classification of
the herein described real property;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE~
The Zoning Classification of the real property as more
particularly described by Exhibit "A", attached hereto and
incorporated by reference herein, and located in Section 8,
Township 50 South, Range 26 East, Collier County, Florida, is
changed from "E" Estates to RMF-6(4) and the Official Zoning
Atlas Map Number 0608N, as described in Ordinance 91-102, the
Collier County Land Development Code is hereby amended
accordingly. The herein described real property is the same
for which the rezone is hereby approved subject to the
following conditions:
PlanninG:
1. Buildings nearest the west property line shall not
exceed a height of two stories.
Traffic:
1. Arterial level street lighting shall be required at
all project access points at the time of their
development.
2. The project may have a significant effect on
existing signal systems at the adjacent
-1-
intersection. Accordingly, the petitioner shall be
responsible for a fair share contribution toward
the installation of upgrading of traffic signal
systems at the following locations:
County Barn Road/Davis Boulevard
County Barn Road/Rattlesnake Hammock Road
Any new or upgraded signal systems shall be subject
to an engineering study and signal warrant
analysis. It shall be the County's sole right to
determine the need for any signal system upgrades
or new installations. All traffic signal systems
shall be owned, operated and maintained by Collier
County.
3. Access to Davis Boulevard shall be limited to a
right in/right out only. Such access connection
shall be subject to obtaining an FDOT connection
permit and the donation of compensating right-of-
way for any necessary turn lanes pursuant to the
provisions of Section 2.7.2.8.1 of the Land
Development Code.
4. Access to County Barn Road shall be coordinated
with the future four-lane construction. The
petitioner may be constrained to less than a full
median opening at the project entrance depending on
operational and safety conditions. Such
determination shall remain solely the County's
right and responsibility. Any access point on
County Barn Road shall conform to the LDC and the
County's Access Management Policy. There shall be
no access point located closer than 330' south of
S.R. 84 (Davis Boulevard). There shall be no
directional median opening closer than 440' south
of S.R. 84 and no full median opening closer than
660' south of S.R. 84.
5. The petitioner shall present evidence of a positive
drainage outfall. The water management plan shall
account for historical sheet flow and roadway
drainage presently accommodated.
6. The County will require additional right-of-way for
the four-laning of County Barn Road pursuant to the
provisions of Section 2.7.2.8.1 of the Land
Development Code. The petitioner shall coordinate
site plan development with the County's Office of
Capital Projects Management such that the County
may acquire the necessary land without causing
building, setback or circulation deficiencies in
the petitioner's site plan. Any right-of-way
dedication necessary for the four-laning project
shall be eligible for road impact fee credits in
accordance with Ordinance 92-22, as amended.
Water Manauement:
1. An Excavation Permit will be required for the
proposed lakes in accordance with Division 3.5 of
Collier County Land Development Code and South
Florida Water Management District (SFWMD).
2. A copy of South Florida Water Management District
(SFWMD) permit with staff report is required prior
to site development plan approval.
3. The developer shall coordinate the design of the
project with the Collier County Office of Capital
Projects Management staff to ensure the interface
with the 4-lane design of County Barn Road which is
in progress.
Environmental:
1. All conservation areas shall be recorded on the
plat or by separate instrument at the time of site
development review with protective covenants per or
similar to Section 704.06 of the Florida Statutes.
Conservation areas shall be dedicated on the plat
to the project's homeowners association or like
entity for ownership and maintenance
responsibilities and to Collier County with no
responsibility for maintenance.
2. At the time of submittal of the first Site
Development Plan the petitioner shall provide a
management plan pursuant to Section 3.9.5.3 of the
Land Development Code for the entire preserve area
on site and shall indicate a schedule for that plan
to go into effect.
1. Work within Collier county right-of-way shall meet
the requirements of Collier County Right-of-Way
Ordinance No. 93-64.
2. This project shall be required to meet all County
Ordinances in effect at the time final construction
documents are submitted for development approval.
1. Water distribution, sewage collection and
transmission and interim water and/or sewage
treatment facilities to serve the project are to be
designed, constructed, conveyed, owned and
maintained in accordance with Collier County
Ordinance No. 88-76, as amended, and other
applicable County rules and regulations.
2. Water Facilities Looping and Stubs:
The on-site water distribution ~ystem to serve the
project must be connected to the District's water
main consistent with the main sizing requirements
specified in the County's Water Master Plan and
extended throughout the project.
3. Connection to the County Central Sewer System or a
Master Pump Station:
The utility construction documents for the
project's sewerage system shall be prepared so that
all sewage flowing to the County's master pump
station is transmitted by one (1) main on-site pump
station. Due to the design and configuration of
the master pump station, flow by gravity into the
station will not be possible. The Developer's
Engineer shall meet with the County staff prior to
commencing preparation of construction drawings, so
that all aspects of the sewerage system design can
be coordinated with the County's sewer master plan.
4. Off-site Utilities Improvements:
-3-
Water
The existing off-site water facilities of the
District must be evaluated for hydraulic capacity
to serve this project and reinforced as required,
if necessary, consistent with the County's Water
Master Plan to ensure that the District's water
system can hydraulically provide a sufficient
quantity of water to meet the anticipated demands
of the project and the District's existing
committed capacity.
Sewer
The existing off-site sewage transmission
facilities of the District must be evaluated for
hydraulic capacity to serve this project and
improved as required outside the projects boundary
to provide adequate capacity to transport the
additional wastewater generated without adverse
impact to the existing transmission facilities.
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 / ~2e~ day of
, 1996.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,, :'T~.~:d ~/,~ BY:
.'~ .; ~ C NORRIS
' . ~'.~
"ATTEST':: "
?- DWIGHT E .' BROCK, CLERK
: / '
. This ordlno,-~e flied ,,ith
14 :,, , ', S~ret~ of ~tote's Office the
{illrig received fh;~
~R~dRXE N. STODENT o, ~. ~ ....
ASSISTANT COUNTY ATTORNEY '
R-96-4 REZONE ORDINANCE/16877
-4-
/
/ EXflIBIT "A"
Legal Description: Ingram T~ust. Dan Ruhl. Trustee
Davis Boulevzrd and County Barn Rozd
8 50 26 S 1/2 ors 112 of NW il4 oflqn3,: I/4 less R/W OR 331, PG 658, 3 50 26
N I/2 of SW 1/4 of NtVq I/4 of NW !/4, N I/2 of SE 1/4 of .Nx.V I/4 of N%V !/4,
NE 1/4 of NW I/4 of NW 1/4, less N 75 ft plus E 50 ft for R/W, 8 50 26 N 1/'2 of
SV/I/4 of NW I/4, N I/2 ors I/2 of SW 1/4 of NW 1/4, less RAV TOTAL :57.9
acres.
CERTIFICATE s
WE HEREBY CERTIFY TO Ms. Cleo Ingra.~
that a BOUNDARY SURVEY o~ part of Section 8, Township SO South,
Range 26 East, Collier County, Florida, was completed under
direction on September 14, 1987.
To the best of our knovledge and belief, this BOUNDARY SURVEY
meets the minimum technical st. andards set forth by the Florida
Board of Land Surveyors, pursuant to Section 472.027, Florida
Statutes, and Chapter 21HH-6, F3. orida Administrative Code.
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
Reg. Engineers and Land Surveyors
P.[,.S. 13934 ' '
NOTEz This Certification is only foc the lands as descr{bed. It
is not a certification of title, zoning, easements oc ~reedom of
encumbrances. This Certification is not valid unless signed by
the surveyor and sealed vith the surveyor's embossed seal.
ABSTRACT NOT REVIEWED.
GENERAL NOTES:
l. DimensiOns are in feet and decimals there6/.
2. Bearings are based on the west line of the
norchwes: 1/4 of Section 8, TownShip 50 South
II
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 copy of:
ORDINA};CE NO. 96-38
Which was adopted by the Board of County Commissioners on the 16th day
of July, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 17th day of July, 1996.
DWIGHT E BROCK ,
Clerk of' Courts and :Ci~:~!i
EX-offiCiO tO Board.~f~'." ..~' .~2.,.'.:~'.'.,"
County Commissioner.~
· "l' "~' ~',,. "'
·
B ~li H ffma'''~''''
puty Clerk . ~9~.' '-~