Ordinance 91-020 ORDINANCE 91- 20
APPROXI~TELY X ~/2 MILES WEST OF
V~DERBILT DRIVE (CR-901) ON THE EAST
SIDE OF LELY B~EFOOT B~CH PUD ~D ON
THE WEST SIDE OF LI~LE HICKORY BAY PUD
IN SE~ION 6, TO'SHIP 48 SO'H, ~GE 25
~ST, COLLIER CO~TY, F~RIDA, FROM A-2ST
TO RSF-5 FOR RESIDENTIAL SINGL~ FAMILY;
PROVIDING FOR STAFF ~D P~NING
CO~ISSION. STIP~TIONS; ~D BY PROVIDING
~ EFFE~IVE DATE.
~s, James A. Davis of Coastal Engineering
Consultants, Inc., representing Tempustech, Inc., petitioned
tha Board of county Co~tssioners to change the zoning
classification of ~e herein described real property;
NOW, ~FO~ BE IT O~AINED BY THE BO~ OF CO~
CO~ISSION~ OF CO~I~ CO~TY, F~RIDA:
Thm Zoning Classification of th~ herein deecrtbed real
property located in Section 6, To. ship 48 South, Range 25
~ast, Collier County, ~lortda, ts changed from A-2ST to RSF-5
and the Official Zoning Atlas Map Nu~er 8506N, as described
tn 0rd~nan~e ~-~, ~, hereby ,mend.d .ccordlngly:
b,~ and the same for which the rezone is hereby approved
subject to the following condition~:
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
buen filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Boar~ of County
Commissioners of Collier County, Florida, this..'.... 26th day of
_February , 1991.
BOARD OF COUNTY COMMISSIONERS
~... 'it','," ,~,~ /;F COLLIER CO~TY, ~ORIDA .
A~EST: .... ~. ' BY:
J~ES C. GTLES,' CLE~ PATRI~IA ~N~ GOODN~GHT, C~EKSON
'~PROVED A~,TO FO~ ~D LEGAL SUFFICIENCY ~.........."A-~-
' ~cre~a~ of State's Office .~e~
ASSIST~T CO~Y A~TO~EY ~of~~
~ ~edgemegt 9f ~t
~-~o-~o ~zo.. o~.~ ,,,___~,.~ .
DESCRIPTION OF LANDS SURVEYED
South, Range 25 £ast Collier County, Florida more particularly ~escribed
as foll~ws:
~ C~mmencing at a railroad spike marking the northeast corner of said
'~ 8ecti,~n ~ run ~00'~06'3~"E ·long the ea~t line of said Section ~ a
distance of 57.57 feet to a concrete m~nument marking the southerly
right-of-way line of Bonita Beach Road; thence S89o22'44"W along said
right-of-way line 219.23 feet to an iron pin; thence N89~'OI"W .
1240.~2 feet to the intersection Of ~aid so*ztherly right-of-way line ~nd
the Mean Nigh ~tater Line of Little Hickory Bay and the Point of Beginning;
thence alond said Mean High Water Line $~2o2~'2~'W 10.40 feet; thence
S34°31]'28"H 26.~ feet! thence ~02o21'25"E 55.34 feet; thence
s71ooi'25"W 54.24 feet; thence N87o48'OO"W 101.19 feet; thence
$~6o10'29"W 22.71 feet; thence S53o31'40"W 10.72 feet; thence
s32o41'13"W 30.96 feet; thence S24°44'03"H 32.~9 feet; thence
s31o15'14"W 3~.44 feet; ~hence 555°05'54"W 30.35 feet; thence
S87o07'20"W 24.24 feet; thence ~157o31'01"W 53.73 feet; thence
NSlO2?'2~"W ~7.03 feet; ~hence N54o38'49"W 37.56 feet; thence
N70o52'49"W 43.70 f~et; thence N~6°O2'40"W 25.47 feet; thence
N48O21'2E"~ 92.21 feet; thence N~1o23'12"E 2~.97 feet; thence
NI6o35'59"E 30.35 feet; thence N69o46'42#W ~.76 feet; thence
s66o4~'00"~! 14.98 fe~t; thence N44o42'19'W 21.21 feet to the
southerly right-of-way line of Bonita ~each ~oad; thence S39o41'41"~
along said right-of-way line ~8~73 feet to a concrete monument; the~
S89°IS'Ol"E 5 ~ 47 ~eet to the Point of ~eginning.
'~i The ·boYs demcribes ~n area O~ approxim·~ely 75347 square fe~t
· acres o~ land. Based on · Mean High Water elevation of 1,lO N.G.V,D.
~: loc·ted on February 13, 1989.
BubJect t~ easements~ reetriction~ and reservations of record.
Exhibit "A"
AGREEMEN_T
I, James A. Davis of coastal Engineering Consultants,
Inc., as authorized agent for Petition R-90-30, agree to the
following stipulations requested by the Collier County Planning
Commission in their public hearing on February 7, 1991.
1. Water Mana,ement and Eng£neeri~g:
~ a. This project shall be r~quired to meet all County
Ordinances in effect at the time final construction
documents are submitted for development approval.
Detailed pavin~, grading, site drainage and utility
plans shall ~e submitted to Pro~ect Review Services
for review. No construction permits shall he issued
unless and until approval oE the proposed
construction in accordance with the submitted plans
im ~ranted hy Pro~ect Review Services.
c. In accordance with the Rules of the South Florida
Water Management District, ~SF~MD) Chapters ~0E~ and
~0E-~O, this project shall he designed for a storm
event of ~-day duration and 2~-year return frequency.
d. Design and construction of all improvements shall he
subject to compliance with the appropriate provisions
of the Collier County SuBdivision Regulations.
e. Landscaping shall not be placed within the water
management areas unless speciElcally approved by
Pro, eot Review Services.
f. The one way internal road must he properly signed and
designed such that the confi~uration discourages a
left turn movement from Bonita Beach Road into the
i'.~ project's eastern one way access point.
9. This project shall Oe designed for water quality in
~' accordance with South Florida Water Management
'~ . District rules. :-
h. Work within Collier County right-of-way shall meet
the requirements of Collier County Right-of-Way
Ordinance No. 82-91.
Exhibit "B"
a. Connection to the existing water and sewer facilities
within Bonita Beach Road right-of-way is required and
must be fully iljustrated on the detailed
construction plans and supporting engineering
'.~. drawings as to location, siz~ and configuration.
!!' b. This project shall be designed and constructed in
L compliance with ordinance No. 88-76, as amended.
c. Verification of sewage treatment capacity pursuant to
Ordinance No. 80-112 to service this project is
required and must accompany the final site plan.
:~' a. Mangrove fringe shall be surveyed Drier to
construction site plan approval and designated as a
? conservation easement with protective covenants
i pursuant to Florida Statute 704.06. Con£ervation
easement shall extend a minimum of ten (X0) feet
~' landward of top of bank. Additional plantings of _-J~ -'
native vegetation is encouraged. .~ ~
b. Mangrove fringe shall be protected from im~':a~..ts '/
during the construction process. Petitioner sha~l
~.zubmit protection plan with conutruction site plan
~ubmittal.
c.9~e location of any water management features shall
avoid impacts to mangroves.
d. Prior to the pre-construction meeting petitioner
.?: shall obtain and submit documentation of all
,, necessary local, state and federal permits.
e. All cabbage palms and associated protected epiphytes
shall be retained or transplanted on site.
Petitioner shall address this on site clearing plan.
Appropriate tree removal permit fee shall be
submitted to Project Review Service:s with submittal.
f. No net loss of viable wetlands shall occur due to
- -- shoreline hardening str~ctures .(~.g., rip-rap, .
": ~eawalls, etc.).
g. Any future proposed boat docks shall be subject to
Collier County Project Review Services environmental
i'! review, and must be consistent with the Environmental
Advisory Council manatee protection guidelines and
-2-
"" require approval by the Department of Natural
' Resources Institute of Marine Mammal Research, St.
. Petersburg, Florida.
h. ~e petitioners shall bm subject to all environmental
ordinances in effect at the time of development order
i';.. approvals.
:" i. Approval shall not absolve the applicant from
supplying necessary information as required for
subsequent site plan approval (i.e. protected species
i~~ .ur~eys, etc.).
4. ZransDortation:
~',',~. a. Subject to concurrence of ~he Lee County
'~:" Transportation Department, the developer shall
.. provide a westbound ].eft turn lan,~ on Bonita beach
Road at the project entrance. Upon the four laning
of Bonita Beach Road, there shall be no median
opening at this location.
b. The direction of travel on the one-way street should
be revised to avoid a conflict at the access easement
to Lot f6.' The pavement width of the one-way street
should be limited to discourage two-way use.
c. The developer shall provide arterial level street
lighting at the project entrance.
d. The developer shall provide 25 feet of additional
right-of-way along the south side of Bonita Beach
Road and shall receive impact fee credits to the
extent provided in Ordinance 85-55, as amended.
e. Access improvements shall not be subject to impact
fee credits and shall be in place before any
certificates of occupancy are issued.
f. The road impact, fee shall 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.
g. In consideration of pending implementation of Growth
Management Regulations and the potential of adjacent
roadways not conforming to appropriate service level
standards due to the rate of increase of traffic
volume~ versus scheduled/funded roadway capacity
improvements, the applicant should bu advised that
~;- * future land development activities in the area may be
subject to future land use control consistent with
the above regulations.
~ h. The driveway from Lot No. 6 shall be permitted with
\; thm 180 foot separation from the entrance to the
~ development.
i. The driveway to Lot No. 6 shall be a right-in/
· ~i" right-out with no median opening when Bonita Beach
Road is four laned.
J. The driveway to Lot No. 6 shall be configured so as
~ to preclude the backing of automobiles onto Bonita
?. Beaoh Road.
.... k. Lots Nos. 1 and 5 ~hall have no direct access to
Bonita Beach Road.
~ 1. The proposed entrance/exit driveways prohibit left
turns into and right turns out of the project. Both
"i.. locations must be redesigned to allow for all turning ~.~/- ~'
~; movements
r~. m. Prior to the issuance of the Certificate **of
? Occupancy, the developer shall provide 25 feet of
right-of-way, via Statutory Warranty Deed, to Collier
County, a political subdivision of the State of
'. Florida, (along the full length of the property's
Bonita Beach Road (C.R. 865) frontage) (along the
south side of the existing right-of-way of Bonita
Beach Road and over the entire length of the
property).
The obligation to convey the above real property
interest shall include obtaining and providing, at
the Developer's expense, an ALTA Form B
(marketability) title insurance commitment within
'L thirty (30) days of a request to do so by Collier
County. Further, the Developer shall coouerate and
cause all requirements contained in any such
co~mitment to be complied with expeditiously,
including but not limited to the release or
--- - ~ubordination of all liens or .interests which
!i~ encumber or may reasonably interfere with the
~.~ County's use of the real property. The date of said
title commitment shall not be more than one hundred
twenty (120).,days prior to the date of the recording
of the conveyance by the County. Within forty five
(45) days of recording the conveyance document,
Developer, at its sole expense, shall also cause a
final title insurance policy to be issued in favor of
Collier County, a political subdivision of the State
of Florida, which is in conformance with the County's
standard title insurance procedures and guidelines.
Said title insurance policy shall be consistent with
the previously submitted title insurance commitment.
~ This obligation shall bind the Developer, as well as
" run with the land, upon approval of this R-90-30 by
the Board of County Commissioners, Collier County.
P~-TITI~NEB/ OR AGENT')
SWORN TO AND SUBSCRIBED BEFORE ME THIS //- DAY
;'" oF -
~i'.~ ' NOTARY
~',- MY COMMI S SION EXPIRES: :~,~= ~ Wo~. ~. :~.
REPRESENTATIVe-'FOR ~CPC
~"" SWORN TO AND SUBSCRIBED BEFORE ME THIS''//~ DAY
MY COMMISSION EXPIRES:
· ~,'~. .'R-90-30 AGREEMENT SHEET
~ md
i
' STATE OF FLORIDA )
~ COUNTY OF COLLTER )
f{~]t'~J";~'~' ~, JAMES C. GILES, ~lerk of Courts In and for the
~ Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify tha~ the foregoing ~s a true copy of:
OrdAnance No. 91-20
': ~ which was adopted by the Board of County Commissioners on
,.~.~, the 26th day of February, 1991, durtn~ Regular Session. -,
WIT~IESS my hand and the official seal of the Board of
. County Co~lsstoners of Collier County, Florida, th~s
<day of March, 1991.
;' JAMES C. G~LES
'/ , Clerk of Courts and Clerk
Ex-officio to Board of ....~';'.]~
~:. County~Comm~ssion,rs ,,.,.. .
~yon ~ ·
Deputy Clerk ,~__/ .. ....,~