Ordinance 91-016 ORDINANCE
AN ORDINANCE AMENDING ORDINANCE N~{BER 82-2 THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
/;x .
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
~-~ BY AMENDING THE OFFICIAL ZONING ATLAS MAP
48-27 BY CHANGING THE ZONING
SSIFICATION OF THE NEREIN DESCRIBED PROPER~-. ~.-
~ ~ LOCATED TWO MILES EAST OF CR-951 AND ONE MILE ~" .
SOUTH OF IMMOKALEE ROAD (CR-846) IN SECTION 31, '~.;.
t TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER '~'
COUNTY, FLORIDA, FROM A-2MH TO GC FOR OLDE
FLORIDA GOLF CLUB, CONSISTING OF 552+ ACRES;
AND BY PROVIDING AN EFFECTIVE DATE. ~'~'
¥~EREAS, George L. Varnadoe of Young, van Assenderp, Varnadoe &
enton,. P.A., representing OFC of Naples, Incorporate. d~..p, stitioned 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.'
· The Zoning Classification of the herein described real prope~-~y
iobat,d in Section 31, ToWnship 48 South, ~ange 2~ East, Collier
County, Florida, i~ changed from A-2M]{ to GC and the Official Zoning
f~.At'las Map Number 48-27, as described in Ordinance 82-2, is hereby
accordingly:
. ! All o~ Section 31, Township 48 South, Range 27 Ea'st
'~ ~ less the East 1/2 of the Northeast 1/4, Collier
'i C~unty, Florida.
~F~TI ON TWQ_L
· This Ordinance shall become effective upon receipt of notice from
. . Secretary of State that this Ordinance has been filed with the
Secretary of State.
/ ' PASSEl) AND DULY ADOPTED by the Board of County Commissioner~
' :."; ~ BOARD OF COUNTY COMMISSIONERS
'~'- COLLIER COUNTY, FLORIDA
CCERK .. CHAIRMAN
'T~ls orcllna~!e-filed with the
~'~:. m~. rY of ,'9~e'. Offlc.
TO.,,~ AND LEGm, S~FICZ~OY
,,~.,~.~ .,, ,' .: .,, ~, ~'.~,t~. c~d e~,r,m~dgeme~t o,Z that
[E .M:; STUDENT
' ' OUNT ATTO.E fl43",i 01' .... -----'
R-90-23 O~d~nance
: nb/3949 '.
L.' ' AGREEMENT
George L. Varnadoe of Young, van Assenderp, Varnadoe &
P.A., authorized agent for Petition R-90-23, agree to
the following stipulations requested by the Collier .County
j.~'.Planning Commission in their public hearing 'on February 12,
Plannin_ql
.i The petitioner shall extend Vanderbilt Beach Road from its
terminus to the projects west property line. Such
"' constriction shall be in accordance with County standards-
~.~:':i as set forth in Ordinance 82-91 and the Subdivision
Regulations Ordinance No. 76-6. The rqadway shall
parallel the southern boundaries of Sections 35 and 36,
Township 48 South, Range 26 East and positioned adjacent
to the Cypress Canal to the south.
2. The petitioner shall improve and complete the proposed
- roadway access to the golf ccurse site to County
specifications prior to receiving Certificates of
Occupancy for Phases i and 2 of the proposed golf course
development.
3. The petitioner shall be subject to a Site Development Plan
in accordance with Section 10.5 cf the Collier .County
Zoning Ordinance No. 82-2, for Phases i and 2 of the
proposed golf course development.
~LansDortat~o~
1. Should the developer and/or other property owners wish to
extend Vanderbilt Beach Road eastward from CR 951, such
construction shall be in accordance with County standards
as set .forth in Ordinance 82-91, and shall include
appropriate turn lanes and arterial level street lighting
on CR-951.
2. T~e road impact fee sh~ll be as set forth in Ordinance
85-55 as amended, and shall be paid at the time building
,~,~, permits are issued unless otherwise approved by the Board
of County Commissioners.
· 3. Access improvements shall not be subJuct to impact fee
~ credits and shall be in place before any certificates of
occupancy are issued,
EXHIBIT "A"
'.'ID . con~ideration of .pending implementation of Growth
'-~ . Management Regulations and the potential of adjacent
~3. roadways not conforming to appropriate service level
.',.. standards due to the rate of increase of traffio volumes
~',,:'.,%. versus scheduled/funded roadway capacity improvements, ~he
%':'~. : applicant should be advised that future land development
activitie~ in the area may be subject to future land use
'~* ' control consistent with the above regulations.
?~:' 1. Detailed paving, grading, site drainage and utility plans
~L-~? 'shall be submitted to Project Review Services for review.
No construction pe~its shall be issued unless and until
~...... approval of the proposed construction in accordance with
,... the submitted plans is granted by Project Review Services.
2. D~sign and construction of all improvements shall
-: subject to compliance with the appropriate prov~sions of
the Collier County Subdivision Regulations.
~:,~.~- 3. This project is recommended for approval for rezone
~7~. purposes only. A Subdivision Master Plan, if re~ired,
~t~ : shall be submitted for review and approval. Construction
plans and plat shall be submitted tfa Subdivi~ion Master
Plan is required. If a Subdivision Master Plan is not
required, then the petitioner shall submit for a Site
Development Plan for review and approval.
~ 4. Work within Collier County r~ght-of-way shall meet the
re~irements of Collier County right-of-way ordinance No.
82-91 · ~.,
Detailed paving, grading, and site drainage plans' shall be
submitted to Project Review Services for review. No
const~ction pe~its shall be issued unless and until
approval of the proposed construction in accordance with
the submitted plans is granted by Project Review Services.
"' In" .accordance with the Rules of the South Florida ~ater
/ Management District, (SFWMD) Chapters 40E4 and 40E-40,
this project shall be designed for a storm event of 3-day
duration and 25-year return frequency.
~'3. An Excavation Permit will be required for the proposed ..
lake(s) in accordance with Collier County Ordinance No.
· 'v'~ 88-26 and South Florida Water Management Dist~i6t~ules.
~ If material excavated is hauled off-site, a commercial
.excavation permit shall be obtained.
-, 4. This project is recommended for approval fo= rezoning
... purposes only. Detailed site drainage plans shall be
· ':~' '~ &ubmitted to the Water Management Advisory Board for
,;.. review. No construction permits shall be issued unless
and until approval of the drainage system is granted by
the Water Management Advisory Board.
.5. · A copy of South Florida Water Management District permit
or Early Work Permit is required prior to construction
"{-:? plan approval.
-:. 6. This approval does not constitute agreement by the County
~ '../ , to any control elevation or discharge rate. The control
· elevation shall be set in such a way that the hydroperiod
of the wetlands on site is retained.
7. A copy of the Jurisdictional Agency (s) permit allowing
~,.,. the use of wetlands for water management is required prior
.'/- to construction plan approval. '"
'.;' ' 8. The applic~nt shall grant a maintenance easement to South
~,~[ Florida Water Management District/Big Cypress Basin over
· "' that portion of his property which lies within the needed
..~.,. 20 foot maintenance easement along the Cypress Canal
(measured from top of bank}.
1. This project is recommended for rezoning only, and
.. rezoning does not absolve the applicant from complying
;. with all environmental ordinances in effect at the time of
s'ite plan approval or from supplying necessary information "
-.. as required for site plan approval (i.e., wildlife
, ¢~ ..'.t:" · '.
surveys, etc.). In the event of disagreement 'between
)licant and Project Review staff as to environm~nbal
.stJ.pulations, the Environmental Advisory Council or it's
succee~or shall make recommendations to the Board of
County Commissioners. as part of the site plan approval
process.
~through the EIS process, a survey of ~ps¢iee of special
status shall be accomplished pursuant to Policy...7.3.6 of
the Conservation and Coastal Management Element of the
Growth Management Plan of Collier County.
Utilities~
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.
All customers connecting to the water distribu~ion and
~.ewage collection facilities to be constructed will be
customers of the County and will be billed by the County
in accordance with the County's established rates. Should
the County not be in a position to provide water and/or
sewer service to the project, the %'star and/or sewer
customers shall be customers of the interim utility
established to serve the project until the County's off-
~ite water and/or sewer facilities are available to serve
the project.
It is anticipated that the County Utilities division will
'ultimately supply potable water to meet the consumptive
:,this project, Should the County system not be in a
position to supply potable water to the project and/or
receive the project's wastewater at the time development
commences, the Developer, at his expense will install and
operate interim water supply and on-site treatment
facilities and/or interim on-site sewage treatment and
disposal facilities adequate to meet all requirements of
the appropriate regulatory agencies. An agreement shall
be entered into between the County and the Developer,
binding on the Developer, his assigns or eucce,~sors
regarding any interim treatment facilities bo be ~tilized.
The agreement must be !egally sufficient to the County,
prior to the approval of construction documents for the
project and be in conformance with the requirements of
Collier County Ordinance No. 88-76, as amended.
.If.. an interim on-site water supply, treatment and
":transmission facility is utilized to serve the project, it
-. mu&t be properly Blzed to supply averago peak day domsst'ic
?~(' demand, in addition to fire flow demand at a rate approved
by the appropriate Fire Control District servicing the
project area.
~.' ~ 5. Prior to approval of construction documents by the County,
the Developer must present verification p~s~ant to
Chapter 367, Florida Statutes, that the Florida ~blic
.- Se~ice Co~ission has granted territorial rights to the
'D,ayeloper to provide sewer and/or water se~ice to the
project until the County can provide these se~tces
through its water and sewer facilities.
S%:ORN TO AND SUBSCRIBED BEFORE ME THIS /~/~ DAY
OF , 1991. · -
PUBL! .... ~ , ...
v. AL ":" · , --
'~ 'C6~mSSmON EXPIRES: /~-/O-~~ ~' ~ ~ I . ~ ;
~ .. ,~ ~. ~ O~ ~0,. f~J _%' ~ - :.':
u::~' ' - · ..: ·
/
REPRESENTATIVE
:.]. SWO~ TO ~D S~SCRIBED ~EFORE ME THIS T~ DAY
,
:~ COX~ISSION E~IR~S: ~;~,?~:'.~','~,~,~ u~. ~. ' '"
R-90-23 Agreement Sheet
STATE .OF] FLORIDA ) ' " "'" :<
,' JAMES C. GILES, Clerk of Courts In and for th~
Twen~ie~h Judicial Circuit, Collier County, Florida, do ..
certify that the foreg~/ng is a true copy of:
Which was adopted by the Board of County Commissioners on
the 12th day of February, ~991, during Regular Session. ':~' -~.
~..~
WIT~S~ m~ hand and th~ official s~al of th~ Boar~ of ..
~ounty Commiss~oners of Collier County, Florida, this 19th
of
Fabruar~,
Clerk of Cou~s and CLX.. .,.,J~. '.
~ .. ~ ~.,,,..7~ · ~ ~ ~ "
Ex-officio to Board of ~: c ,--.,.,,,;{,~ ~ .~ ·
County Commtssione=s --: .~'~ .9*%'~;.,:~.,% ~ ~..
~ .- ~ ..r '.
'- Deputy Clerk~ ' ';
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