Ordinance 90-076 ORgINANCE 90- 76
AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
AREA OF COLLIER CO[~NTY, FLORIDA
A~ENDING THE OFFICIAL ZONINC.: A'F~AS MAP
BER 48-25-4 BY CHANGING THE ZOOmiNG
OF THE HEREIN £ESC~IBED
?ERTY LOCATED AT THE NORTHEAST-CORNER OF
WAY AND BLUEBILL AVENUE IN SECTION 20,
48 SOUTH, RANGE 25 EAST, COLLIER
FLORIDA, FROM C-3 AND RMF-6 TO RMF-6
DR ].5 RESIDENTIAL UNITS, CONSISTING OF 2.57_+
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
'WHEREkS, Robert L. Duane of Hole, Montes and Associates, Inc.,
'epresenting Global Investors, Inc., petitioned the Board of County
.ssion,mrs to change the zoning classifications of the herein
:real property;
~.., NOW, THEREFORE BE IT ORDAINED BY THE BDARD OF COUNTY COM]~ISSIONERS ,OF COLLIER COUNT'f, FLORIDA:
ii~ . The Zoning Classifications of the herein described real property
Xocated in Section 20, Township 48 South, Range 25 East, Collier
County, Florida, are changed from C-3 and RMF-6 to RMF-6 for 15
residential units and the Official Zoning Atlas Map Number 48-25-4, as
described in Ordinance 82-2, is hereby amended accordingly:
Lots 8, 9, 10, Block i of Wiggins Pass Landings, Unit 1,
according to the plat thereof recorded in Plat Book 10, Page
44 of the Public Records of Collier County, Florida.
This Ordinance shall become effective upon receipt of notice from
',~he Secretary of State that ~his Ordinance has been filed with the
Secretary of State.
PASSED AND ]DULY ADOPTED by the Board cf County Commissioners of
Collier County, Florida, this )~h day of 0ct. gber , 1990.
::.' ." BOARD OF COUNTY COMMISSIONERS
!'.'" J~ES C. GILES, CLE~ · ~ , ., CHAIRMAN
AS TO FO~ AND LEGAL SUFFICIENCY
M. STUDENT
T COUNTY A~ORNEY.
~R-90-11 REZONE ORDINANCE
lB 04:l, 01
.!.~'. I, Robert L. Duane of Hole, Monte:3 and Associates, Inc.,
as'owner or authorized agent for Petitio:.~ R-90-11, agree to the
foil°wing stipulations requested by the Collier County Planning
Commission in 'their public hearing on August 2, 1990.
.a. Development associated with this petition shall be subject
to the availability of adequate public facilities as
defined in the Adequate Public FaciLities Ordinance.
Tho dew, loper shall submit a site plan for Site
-.: ..... Development Plan approval in accordance with Zoning
.?~..~.. Ordinance 82-2, as amended, prior to applying for building
~.:./,: ". pe:.~its (where required) .
Th:Is petition is subject to Ordinance Number 89-42 (Open
'Space Ordinance) .
e. A Landscaped buffer area~ minimum of 10 feet in width
(s~lbject to Section 8.37 of the Zoning Ordinance) shall be
provided along the eastern and northern portions of the
property (except for the oak preserve areas) .
Fu'rthermore, existing vegetation adjacent to temporary
viI3itor parking shall be maintained as a landscape buffer.
f. Landscaping shall consist of an appropriate mixture of
tr,~es' and shrubs (subject to Section 8.30 of the Zoning
Ordinance). Trees shall be of species that reach heights
.. of 25-30 feet at maturity and are well covered rather than
· op,~n (i.e., pines would not be included). Furthermore,
on,~ (1) tree for each 25 linear feet or fraction thereof
shall be planted within the landscaped buffer area.
~g. A hedge shall be planted within the landscaped buffer area
." (subject to Section 8.30 of the Zoning Ordinance).
'~ih. Prior to Final Site Development Plan approval of the
proposed project, if the adjacent properties to the east
~ and north are rezoned to densities or intensities of
development equivalent to or greater than the density
approved for this petition the aforementioned
~.!~ :.~- Exhibit "a" PA~i~ , .~-
ns d.-g. shall be eliminated as conditions to
7ii'. the approval of this petition. However, the proposed
.,?!,~", project shall be subject to all of the standard
i~i~ regulations of the Site Development Plan approval process.
Fu~thermo:re, staff also recommends that existing
:;~ weg°etation adjacent to temporary visitor parking be
· " ma~.ntained as a landscape buffer.
~'i,i!~'i. The developer shall provide a left turn and right turn
lane on Bluebill Aw~,nue at the project entrance.
'.'~ · The developer shall provide co].lector level street li¢lhting at the project entrance.
k. The Road Impact Fee shall be as set forth in Ordinance
· ~, 85--55 as amended, and shall be paid at the time building
.' pe~.~its are issued unless otherwise approved by the Board
~. · of County Commissioners.
iAc(:ess,, improvements shall not be subject to impact fee
~,~:~credits and shall be in place before any certificates of
,,' occupancy are issued.
~m. ' In consideration of pending implementation of Growth
~ Management Regulations and the potential of adjacent
roadways not conforming to ~ppropriate service level
standards due to the rate of increase of traffic volumes
ve:~sus scheduled/funded roadway capacity improvements, the
· applicant should be advised that future land development
activities in the area may be subject to future land use
control consistent with the above regulations.
?~i n. Detailed paving, grading, site drainage and utility plans
'I shall be: submitted to Project Review Services for review.
No construction permits shall be issued unless and until
approval of the. proposed construction in accordance with
the submitted plans is granted by Project Review Services.
o. De~ign ~nd construction of all improvements shall be
~>i, subject to compliance with the appropriate provisions of
the Collier County Subdivision Regulations.
!p. This project is recommended for approval for rezoning
',~,< purposes only. Site Development Plan shall be ~ubmitted
and approved at a later date.
~; ,,., ;. PAGE
Work within Collier County right-of-way shall meet the
?:requirements of Collier County Right-of-Way Ordinance No.
82-91.
.~r,'.?'.' Proposed berm shall be kept out' of 7.5 foot utility
.'!.~'~ii'? 'easement.
's. 'A · detailed water management plan and supporting
.~-:' ~ calculations signed and sealed by a professional engineer
shall be provided with the eDP submittal.
't. If this project is to be built before the site west of
/i'~ Neptune Way, then petitioner shall comply with the
~,~ following:
~ Water management calculations shall be revised to
.... ~. incorporate the drainage generated by Neptune Way
~, right-of-way. The stormwater system shall be provided on
~?~ project site for project and right-of-way. No storage
""~" will be allowed within the right-of-way. If t'he total
· impervious area is 2 acres or more, the stormwater system
. shall be designed for a 25-year storm 3-day duration event
'~ with justification on the limiting discharge rate,
according with South Florida Water Management District
i~,~/ rules.
u. Petitioner shall comply with Ordinance No. 82-2 as amended
" by Ordinance No. 89-57 (Use of Native Species in
i?i' ~..~ii: I~nds caping).
Petitioner shall comply with Ordinance No. 75-21 as
~' amended by Ordinance No. 89-58 (Preservation of Native
.... ~,. Habitat and Tree Red, oval Permit). The preservation of
vegetation to be retained on site, as indicated on the
i~.ili.'.~., revised site plan (3/90), shall include the following:
1. Two xeric-oak scrub preserves that together comprise
at least three fourths (3/4) of an acre for gopher
tortoise habitat. [Prior to Final Site Development
Plan approval the preserves shall be flagged by the
petitioner and field verified by County Environmental
~ Staff. ]
? 2 Retention of existing native vegetation in the green
"'.' space areas and landscaping. Specif. ically, rosemary
. and saw palmetto cjusters shall be utilized in
· · landscaping.
:V: "' ", ;~: . 3
.Oaks with a four (4) inch or greater diameter at
'breast height that cannot be retained shall be
?? i~ ~'i ~;'"tncorporated into open space or landscaping by
· transplanting
4. To minimize the impacts to the xeric-oak scrub
preserves, landscaped buffers' or fences shall be
placed around the preserves. Staff recommends the
following landscape plants: sand pine, sand live
oak, myrtle oak, Chapman's oak, turkey oa]~, saw
palmetto, rosemary, rusty lyonia, stagger bush, hog
plum and prickly pear cactus. Any proposed
pedestrian traffic should be confined to mulched
pathways.
5. Dry retention areas sha 11 be used for water
manag~.ment to preserve as much of the native habitat
as po~sible.
PriOr to Final Site Development Plan approval petitioner
~'.!.'J~must submit documentation of a current Florida Game and.
Fresh Water Fish Commission Tortoise Relocation Permit for
on' site gopher tortoise relocation to the designated scrub
preserve areas
Endangered and/or threatened plant species in the
construction area/clearing area shall, be transplanted to
preserve areas on-site prior to the commencement of
construction. These species include scrub blazing star
and 'woody Yegetation containing protected epiphytes.
Petitioner shall be subject 'to the Collier County Growth
Management Plan - Conservation and Coastal Management
Element Policy 12.1.3 (Discovery of an Archaeological site
or historical site~' artifact or other indicator of
pres ~rvation) .
Water distribution, sewage collection and transmission and
' .~interim water ahd/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 t~ the water distribution and
sewage 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
,i,.?-....., Il 05
"'~'"~. ,i. '~ '" "'" i~' ~' ' '
sew(ir service to the project, ~hs water and/o~, sewer
~ilc~st:omers shall be customers of 'the interim utility
Lished to serve the 9roJ ect until the County' s
'.].i:"~.off--slte. water and/or sewer facilities are available to
'seznre the project.
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 ~antity of water to meet the anticigated
.?'?.demands of the project and the District's existing
~;:' 'committed capacity.
· . ~e on-site water distribution system to serve the project "'
J' ~ust be connected to the District's 12 inch water main on
'~.," the south side of Bluebill Avenue and extended throughout
~".'. the project.
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
~: ~". · project's boundary to provide adequate capacity to
:..,~ . transport the additional wastewater generated without
'.'. adverse impact to the existing transmission facilities.
The point of connection to the District's off-site sewer
.,:: . facilities must be approved by the Utilities Division
Wastewater Operation Director.
~ mm'. ~ utility construction documents for the proJect' s
se%~erage system shall be prepared to contain the design
and construction of the on-site force main which will
~,, ",..~?. connect the project to the central sewerage facilities of
. the District in the Bluebill Avenue right-of-way. The
,.,.. force main must be . extended from the main on-site pump
..,... station to the right-of-way line of Bluebill Avenue.
fl,'. Th:Is project shall be designed for central water and sewer
sy~tems.
~~].:;:. 8 S~ipulation deleted by the Board of Coun~:y Co~issloners at its meetin
to Site Development Plan (SDP) approval or
Suk~ivision Master Plan (SMP) approval (as applicable), if
':the developer provides landscaping within the 7.5 foot
utility easements, letters of "no objection" shall be
prc..~ided to the County from affected providers of
utilities.
REPRESENTATIVE FOR CCPC ;:. · '
SWO~ TO ~D S~SCRIBED BEFORE ME THIS DAY
, 1990.
NOT~Y
CO~SSION EXPI~S:
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R-90-1 I'-AGREEMENT-ATTACI [MENT * *
ii. The new zoning for the subject property is RMF-6 and
this petition is subject to the RMF-6 development
standards. Furthermore, this petition is restricted to
a maximum gross density of six (6) units per acre.
Since the subject property consists of 2.57_+ acres, the
entire site is per~:itted a maximum total of fifteen (15)
' units
JJ' ~e maximum height of principal structures shall be
limited to two living floors over parking and a maximum
height of thirty-five (35) feet.
Additional stipulations to the approval of Petition
R-90-11 added by the Board of County Commissioners 'at its
meeting 'on October 9, 1990.
~.:~,., ..~. ',~.~
~ .
FLORIDA ) .
'I, J~ES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collie~ County, Florida, do
Ordinance No. gO-T6
-~ was adopted by the Board of County Commissioners on
~th day of October, lggO, during Re~lar Session.
~ WITNESS ~y han~ an61 ~he off/c/a/ sea/ of the Board of
y Comm~s~toners of Co/l/er County, F/or/da, th~s ~6th
of October., 19g0.
JAMES C. GILES
Clerk of Courts and Clerk
- Maure '
~..- ~ Deputy Clerk