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Ordinance 89-010ORDINANCE AN ORDINANCE AMENDING ORDINANCE 87-15, AS PREVIOUSLY AMENDED BY ORDINANCE 88-67, WHICH ESTABLISHED THE BRETONNE PARK PLANNED UNIT DEVELOPMENT, TO CORRECT SCRIVENER'S ERRORS, BY AMENDING SUBSECTION 2.3, PROJECT PLAN; AMENDING SUBSECTION 2.5E., DEVELOPMENT PHASE SEQUENCE; AMENDING SUBSECTION 3.1lB., SPECIAL BUFFER REQUIREMENTS; AMENDING SUBSECTION 5.12, ADMINISTRATIVE PROCEDURE; AND BY PROVIDING AN EFFECTIVE DATE. $~EREAS, on July 21, 1988, the Board of County Commissioners approved Ordinance NLumber 88-67, which amended Ordinance Number 87-15, which established the Bretonne Park Planned Unit Development; and WHEREAS, certain herein stated language was inadvertently omitted from the above-referenced amending ordinance;' and WHEREAS, Community Development Division staff peti. tioned the Board of County Commissioners of Collier County, Florida'~ to amend Ordinance Number 87-15, as previously amended by -~Tdinance Number 88-67, as follows: NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: Ordinance Number 87-15, as previously amended by Ordinance Number 88-67, Bretonne Park PUD Document, Subsection 2.3A, Project Plan, shall be amended as follows: 2.3 PROJECT PLAN The Master Development Plan for the project is indicated on Exhibit H and is an integral part of this PUD document. A reduced version of the Master Development Plan is attached at the rear of this document. Elements of the Master Development Plan include: Land Use Acres Streets 21.2 Residential Sites 138.7 Commerce 11.5 Lakes 35.0 Upland Recreational Ooen Soace 4M.3 Maintenance/Utility Area 4.5 Golf Course 51.8. Community Center 12.2 Total 333.5 WORDS UNDERLINED ARE ADDITIONS; WORDS G~RW6K-~NR~gGN ARE DELETIONS. SECTION TWO: Approximately 1].4 acres of this total to remain in native upland habitat with selective clearing~ fillin~ and exotics rem6%al. Project development shall conform to the approved Master Development Plan in general and to the approved Subdivision Construction Plans. Ordinance Number 87-15, as previously amended by Ordinance Number 88-67, Bretonne Park PUD Document, Subsection 2.5E., Development Phase Sequence, shall be amended as follows: E. DEVELOPMENT PHASE SEQUENCE The project shall commence at the south end of the property, with connection to Davis Boulevard and ~roceed northWard in accordance with the absorption schedule in the Development Order. Any proposed change in the development phase sequence shall require a determination by the Planning/Zoning Director as to whether the proposed development sequence change constitutes a substantial deviation to the project as provided for in Chapter 380.06 F.S. SECTION THREE: Ordinance Number 87-15, as previously amended by Ordinance Number 88-67, Bretonne Park PUD Document, Subsection 3.11 B., Special Buffer Requirements, shall be amended as follows: 3.11 SPECIAL BUFFER REQUIREf~NTS Be A 15 foot buffer strip shall be established along the edges of the temporary sewage treatment plant site which abuts a road right-of-way; residential development sites; or an exterior property line. Plans for this buffer strip, comprised of landscaping, fencing, and/or other visual screening, shall provide for a buffer which is at least 80% opaque. Buffer plans shall be incorporated in the temporary sewage plant development site plan which shall be approved by the Planning/Zoning Director and NRMD prior to development of the temporary plant facility. If a vegetative barrier is placed around the package treatment plant and/or land dis~osgl 9r~a, it. shall be l~ca'ted i~ a manner so as not to affect the proper operation of the treatment process. SECTION FOUR: Ordinance Number 87-15, as previously amended by Ordinance Number 88-67, Bretonne Park PUD Document, Subsection 5.12, Administrative Procedure, shall be amended as follows: WORDS UNDERLINED ARE ADDITIONS; WORDS ~TR~6K-T~RQW6H ARE DELETIONS. 5.12 ADMINISTRATIVE PROCEDURE Adherence to the above stipulations shall occur through mutual agreement between NRMD and personnel of the Bretonne Park development. If mutual agreements cannot be reached, the matter will be brought before the EAC or whatever County environmental review board ks in power at the time of disputes; this ~overnin~ entity will act as an arbitrator for disputes. If arbitration is futile, the matter will be brought before the Board of County Commissioners who shall act as the final arbitrator. SECTION FIVE: THIS ORDINANCE shall become effective upon notice that At has been received by the Office of the Secretary of State. DATE: February 28, 1989 A~TEST: ' JAMES C.'.~ILES, CLERK APPROVED:~S TO FORM AND LEGAL SUFFICIENCY: ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT'L. SAUNDERS, CHAIRMAN ond Q~k,'~wlec~e~ne~t, 9f. rt"~! BRETONNE PARK ORDINANCE WORDS UNDERLINED ARE ADDITIONS; WORDS ~RggK-THRGU6~ ARE DELETIONS. ? 'f '7 ' ' 3 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. 89-10 which was adopted by the Board of County Commissioners on the 28th day of February, 1989, during Regular Session. WITNESS my hand and the official sea/ of ~he Board of County Commissioners of Collier County, Florida, this 28th day of February, 1989. JAMES C. GILES Clerk of Courts and Ex-officio ~o Board of.'~.' County Commissioners By: /s/Maur~eff Kenyon ' ',' .' .- Deputy Clerk