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Ordinance 89-008ORDINANCE 89- 08 AN ORDINANCE AMENDING ORDINANCE 82-2 THE ': ~J COMPREHENSIVE ZONING REGULATIONS FOR THE _~.~ . UNINCORPORATED AREA OF COLLIER COUNTY, -~ ~ FLORIDA, BY AMENDING THE OFFICIAL ZONING '~J~ '' ATLAS MAP NUMBER 48-25-7 BY CHANGING THE  ~: ZONING CLASSIFICATION OF THE HEREIN  ' ~i~DESCRIBED PROPERTY FROM A-2 TO RMF-6 aU ~ ..-~-FOR PROPERTY LOCATED ON THE SOUTH SIDE OF CC ~ ~.~'IM]4OKALEE ROAD (CR-846),APPROXIMATELY 3/4 ~ ~!~_--'MILES EAST OF AIRPORT ROAD IN SECTION 25, ~:: ~ TOWNSHIP 48 SOUTH, RANGE 25 EAST, CONTAINING 18.71 ACRES MORE OR LESS; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Quail Woods Estates Development Corporation, represented by C. Butler Engineering, Inc., petitioned the Board of County Commissioners to change the zoning classification of the below described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The zoning classification of the hereinafter described real property is changed from "A-2" to "RMF-6" and the Official Zoning At,as Map Number 48-25-7, as described in Ordinance 82-2 o is hereby amended accordingly: The East Half (E 1/2) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section 25, Township 48 South, Range 25 East, Collier County, Florida, LESS: The East 30 feet of the West Half (W 1/2) o~ the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4); The West 30 feet of the East Half (E 1/4) of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4); and The North 100 feet, as recorded in Official Record o Book 1273, Page 1822, of the Public Records of ' Collier County, Florida. SECTION TWO - EFFECTIVE DATE: This OrdinanceLshal1 become_ notice from the Secretary of State that tbi. S Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Commissioners of Collier :' . '% . ~.",JAMES C./~LES, Clerk Board of County County, Florida, this , 1989. day BOARD OF ~OUNTY COKMISSIONERS COLLIER//~UNT~.~LO~F ~0R~ L. SAUND~RS, CHAI~N APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ARJ~IE M. STUDENT ASSISTANT COUNTY ATTORNEY R-S7-43C ORDINANCE FORMAT ordinance filed with ~he Sea~ta~, S~t~'! Office t~ _ . '%. (Revised) I, J. Gary Butler, as owner or authorized agent for Petition R-87-43C, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing cn January 5, 1989. Petitioner shall be subject to Ordinance 75-21 [or the tree/vegetation removal ordinance in existence at the time of permitting], requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. Ce Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the discretion of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of ground cover. For example, .the use of 70% native trees could allow the use of only 50% native ground cover. This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site 'during construction or due to past activities. ¢ All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space]~r~,~h~_preser,.,e areas. de ee Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Development Division. If during the course of site clearing, excavation, or other ccnstructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources ManagemeDt Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. Where possible, petitioner shall incorporate the existing cypress, pine, and cabbage palm trees into the landscape plan at their present location. If feasible, the cabbage palms may be transplanted to other areas on site. Petitioner should consider xeriscape landscaping for the xeric north half. The-wetland shall be designated as a natural area preserve, shall be incorporated into the water management system for the development. This shall be reflected on the land use map and all the appropriate rezoning documents. Detailed site drainage plans shall be submitted to the County Engineer 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 the County Engineer. An Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance No. 88-26. ,oo 034 The natural wetland area on the site shall be bermed along the east property line and incorporated into the water management system via a connecting culvert with Lake "B". The design of the outlet headwall proposed on the south slope of the Cocohatchee Canal shall be subject to review and approval by the Water Management Director to minimize erosion potential on the canal slope. The gatehouse structure shall be designed and located so as not to cause vehicles to be backed up onto Immokalee Road. Adequate left and right turn lanes have already been provided on Immokalee Road. However, this does not imply that a median opening will be provided upon the four laning of the road. The Utilities Division stipulations per their memo dated November 19, 1987. The Petitioner shall receive approval from the Collier County Utility Department to connect to the County sewer system. This project shall be designed for central water and sewer systems. The existing road ("The Lane") shall be vacated and a new easement (right-of-way) shall be dedicated prior to iss6ance of any building permits. If any subdivision of the existing parcels is planned, a Subdivision Master Plan shall be required prigr to any subdivision. A landscape buffer, in accordance with Section 8.37 of the Zoning Ordinance (82-2), shall be provided around the entire perimeter of the site. The proposed lakes can only be excavated to a depth necessary,to accommodate required water retention and/or to provide fill necessary for thi~ project. This project must comply with all zoning ordinance requirements, e.g., pakking, landscaping, development standards, etc. *u. The Petitioner shall convey a perpetual easement to the County across the north 50 feet of the subject property, less the previously dedicated rights-of-way, for road right-of-way purposes. The easement shall be in a form to be approved by the Collier County Transporation Director. Conveyance shall be shown on the replat of the Edgewild Plat (consistent with ~~,. Stipulation p.). Conveyance of the easement shall not affect /~ the requested number of units as contained in the petiaion. ~ {o~i,(% In addition, this project shall be built to conform to all of  %%~ the development standards of District. PETI AGENT · ,.:...':...,,, .~..' ~ '~ .. ... ~' :' {~ ~ 5; ... ~ . REPRESENTATIV~ FOR CCPC ~' *'.. ~'. t~ S.W~)RN TO AND SUBSCRIBED BEFORE ME THIS .. ~7~ DAY $'... % NOTARY SEAL MY COM){ISSION EXPIRES: R-87-43C AGRE~EENT SHEET REVISED * AddeC by. CCPC and subsequently modified by sra.-ff. STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 89-08 which was adopted by the Board of County Commissioners on the 14th day of February, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of February, 1989. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of ...:.~' Coun t~y~ommiss loner s ?. ' ' r 'i;fl~J' By: /~Virginia Magri:.'~ ~ '~'~ Deputy Clerk ~ .