Ordinance 91-054 ORDINANCE NO. 91- ~4
FOR TIlE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE OFFICIAL
ZONING ATLAS MAP NUMBER 8505N BY CHANGING
THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED PROPERTY LOCATED AT THE
INTERSECTION OF WEST AVENUE AND 7TH
STREET IN SECTION 5, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
FROM PUD TO RSF-3 FOR ELEVEN (11)
SINGLE-FAMILY LOTS; PROVIDING FOR STAFF
AND PLANNING COMMISSION STIPULATIONS; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Reed Jarvi/Steve Ball of Agnoli, Barber &
Brundage, Inc., representing Dolphin Cove Partnersh'ip,
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:
~i~ ' The Zoning Classification of the herein described real
i~i' property locate(~ in Section 5, Township 48 South, Range 26
East, Collier County, Florida, is changed from PUD to RSF-3
and the Official Zoning Atlas Map Number 8505N, as described
in Ordinance 82-2, is hereby amended accordingly:
· be and the same for which the rezone is hereby approved
subject to the following conditions:
· Exhibit "B"
This Ordinance shall become effective uPon receipt of
notice from the Secretary of State that this Ordinance has
been filed with the Secretary of State.
.... PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this ~ day of
' "' BOARD OF COUNTY COMMISSIONERS
.~,'~, COLLIER COUNTY, FLORIDA
~" JAMES C, 8I~S, CLERK ~AT~ICI;~ ANNE GOODNIG~r~, CHAIRMAN
-5'/ ,/ : :~ /
'A~ROVED AS'~O FORM AND LEGAL SUFFICIENCY
4',l l'~l~j~ itl,
ASSISTANT COUNTY ATTORNEY
R-91-4 ORDINANCE
nb/5452 Th~ ~
Secretory of
?4'4 :' ed fhis
265
Description of Lands Surveyed
Ail that port of the Northwest Ouarter of Section 5. Townshlp 48
South, Range 25 East. Collier County, F!orlda, being more
portlculorly described as follows:
Commencing at the center of sold Section 5; thence South
89'32'00" West 30.00 feet to an Intersection with the westerly
,~ght_Qf_woy llne of West Avenue, sold intersection being [he
Point of Beginning of the parcel at land hcreln being
finance Nortti 0'33'00" West along said westerly
right-of-way line o distance of 410.00 feet to the
soutlieast property comer of Lot 33, Block E, Little
I-IIckory 5hares Unit No. 2, os recorded In Plat Book 3,
South 89'32'00'
page 79, Collier County, Florida;
. leavin~ sold rlght-of-woY line
thence .; ...... line of said Lot 33 o distance
West along tt~e sou[nc-)' thc easterly line
of 30.00 feet' to an lntersecUon with
of the canal as shown on sold plat;
thence South 0'33'00' East along sold canal 40.00
feet;
thence South 89'32'06~ West along sold canal 926.63
feet;,
thence lea¥ing sold canal South 10'33'27' West 213.95
feet;
thcnde NorU~ '89'32'00" East 857.43 feel;
thence South 0'33'00" East 160.00 feet;
thenCe. North 89'32'00' East 140.42 feet to the'Point
of Beginning of the parcel herein described;
containing 5.25 acres of land more or less;
subject to e'ascmcnts and restricUons of record.
I, Reed Jarvi/Michael Fernandez of Agnoli, Barber &
Brundage, Inc.,, as owner or authorized agent for Petition
R-91-4 and SMP-91-7, agree to the following stipulations
requested by the Collier County Planning Commission in their
public hearing on June 6, 1991.
Water Management an4 En~ineer'in~
1. This project shall be required to meet all County
ordinances in effect at the time final construction
documents are submitted for development approval.
2. The project shall be platted in accordance with Collier
County Subdivision Regulations to define the
right-of-way, lots and easements as shown on the
Subdivision Master Plan.
3. Article XI, Section 9 - Street Name Markers and Traffic
Control Devices: Waived subject to traffic control
devices meeting the U.S.D.O.T.F.H.W.A.M.U.T.C.D. manual.
4. Article XI, Section 10 - Monumentation: Waived subject
to monuments installed in accordance with Florida
Administrative Code Rule 21-HH-~.
5.Article XI, Section 17G - Street Pavement Widths:
Waived to a minimum of ten (10') foot width lanes.
6. Article XI, Section 17F - Local Street Right-of-way
Width (Sixty Feet): Waived to a minimum forth feet
(40') right-of-way.
7. Article X, Section 16 - Sidewalks: Shall be waived.
8. The fifteen foot (15') common utility easement shall be
identified as a County Utility Easement (C.U.E.)
EX~{IBIT "B"
1. The on-site water distribution system to serve the
project must be connected to the District's six (6) inch
water main on the east side of West Avenue right-of-way
consistent with the main sizing requirements specified
in the County's Water Master Plan and extended
throughout the project. During design of these
facilities, the following feature shall be incorporated
into the distribution system:
Dead end mains shall be eliminated by looping the
internal pipeline network or by providing a fire hydrant
at the end of cul-de-sac.
2. 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. This may be accomplished
by providing a flow test.
3. 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.
]~nvtronmental~
' 1. The petitioner shall rec~aest an exception to the
~ Subdivision Regulations to decrease the right-of-way and
i~!i cul-de-sac width requirements to avoid or minimize
impacts to the Collier County/Florida Department of
Environmental Regulation Jurisdictional wetland. Any
unavoidable proposed impacts to Collier County
jurisdictional wetlands shall be subject to review and
approval by Project Review Services - Environmental
Staff and shall be subject to the mitigation ratios and
requirements of Appendix 7 of the South Flcrida Water
Management District rules. Mitigation areas shall be
surveyed prior to cons=ruction plan approval and
designated as a conservation easement(s) and or tract(s)
on the final plat with protective covenants pursuant to
Florida Statutes Chapter 704.06.
2. Wetland preserve/conservation areas shall be designated
as preserve areas and surveyed prior to final
~' construction plan approval. Protective covenants shall
~,', be according to Florida Statutes Chapter 704.06 and
shall be so indicated on the plat and/or construction
plans under "Notes". Said conservation easement(s)
shall be recorded in the Public Records of Collier
county.
~ 3. The petitioner shall submit a detailed shoreline
stabilization/erosion control and mangrove protection
~- plan to Project Review Services - Environmental Staff
,~ with the construction plan submittal.
4. Slash pines not in the line of construction shall be
protected and retained. Cabbage palms shall be retained
or transDlanted on site.
~ 5. The petitioner shall indicate on an aerial the location
of the bald eagle nest within the Audubon PUD and
reference subject site's distance from said nest. If
the subject site is within the primary or secondary zone
of protection as defined by U.S. Fish and Wildlife
Service Bald Eagle Management Guidelines, the petitioner
shall submit to Project Review Services - Environmental
Staff a Bald Eagle Management/Protection Plan which has
been approved by the Florida Game and Fresh Water fish
Commission prior to final construction plan approval.
6. Should any docks be proposed now or in the future, the
petitioner shall submit said plan(s) to Project Review
Services, for approval prior to issuance of building
permits for the docks. A manatee protection plan shall
be required with and for any or all submittals.
7. Where applicable, the master plan of R-91-4/SMP-91-7 and
PUD-87-12(1) and associated documents shall be changed
prior to submittal to the Collier County Board of County
Commissioners to reflect the aforementioned
stipulations.
8. The petitioner shall cooperate with the Development
Services Department, Project Review Services, to develop
an "inter development" (i.e., Little Hickory shores,
Bonita Shores, Lely Barefoot Beach, Audubon) plan for
boat traffic management promoting the preservation of
estuarine resources affected by the subdivisions and
their associated boat traffic.
~wo~ To ~D SU~SCRIBE~ BE~'ORE ,~E T~IS /J '~- ~xY o~
~~ , 1991.
~~ PUBLi~
/ NOT~X ~
MY CO~ISSION EXPIRES: ~~~.~.
, OF ~~ , ~991 ·
~ ~ ~ ~. ~.1~
MY CO~ISSION EXPIRES: ~~~
R-91-4 AGREEMENT SHEET
nb/5454
-4-
270
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES O. GILES,.Glerk of 0ourts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 91-54
which was adopted by the Board of County Commissioners on
the RSth day of June, 1991, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florfda, this 27th
day of June, 1991.
JAMF~ C. GILES -' ~%%~¢ '
Clerk of Courts and Cl'erk~_~?~% ' ''
Ex-officio tO Board of
County Commissioners ;'::. .,..',' -
~: /s/Maureen Kenyon :~) .., ,.' ..... .'"'
Deputy Clerk
./? ,;, ,,,,