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Ordinance 89-014ORDINANCE 89-14 ,,,-:~ AN ORDINANCE AMENDING ORDINANCE 82-2 THE ..','f.>' COMPREHENSIVE ZONING REGULATIONS FOR THE ..,'r UNINCORPORATED AREA OF COLLIER COUNTY, '~'-- FLORIDA, BY AMENDING THE OFFICIAL ZONING ,-~,._- ATLAS MAP NUMBER 49-25-6 BY CHANGING THE .~,._~,. ZONING CLASSIFICATION FROM A-2 TO RSF-4 FOR ;L.~' ~. THE HEREIN DESCRIBED PROPERTY LOCATED ON ,"~-' THE NORTH SIDE OF BAILEY LANE APPROXIMATELY ~-~ 1/2 MILE WEST OF AIRPORT ROAD; SECTION 23, TOWNSHIP 49 SOUTH, ,RANGE 25 EAST, 4.85 ACRES MORE OR LESS; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Charles and Brenda Scirm, represented by Sutter ', Marcus, 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 COM~ISSIONERS OF COLLIER COUNTY, FLORIDA: The zoning classification of the hereinafter described real property is changed from A-2 to RSF-4 and the Official Zoning Atlas Map Number 49-25-6, as described in Ordinance 82-2 is hereby amended accordingly: East 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 23, Township 49 South, Range 25 East, Collier County, Florida - less southerly 30' for road easement (330 x 620'). SECTION TWO - EFFECTIVE DATE: This Ordinance shall become effective upon reoeipt of notice from the Secretary of State that this Ordinance has been filed with the Secre=ary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _~ day of Feb, ruary .]%TTEST: ,JAMES C. GILES~ Clerk ! · . , ~,,') APPROVED AS~TO FORM AND LEGAL' aSUFFICIENCY: MARJO~IE M. STUDENT ASSISTANT COUNTY ATTOm~EY R-88-22C REZONE ORDINANCE , 1989. BOARD OF COUNTY COMMISSIONERS COLLIE~OUNT7, F~ORIDA BUR~'L. SAUNDERS, CHAIRMAN This ordfr~ance filed with the  _~ta ~ and acknowledgem.e.~g~ that filtn.~.re?_e_iv.e_ed tt;,~.~ day · Exhibit "B" AGREEMENT I, Sutter Marcus, Inc., representing Charles and Brenda Scire, as owner or authorized agent for Petitions R-88-22C and PU-88-23C, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on January 5, 1988. 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 acconuaodate this goal. Ce Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will 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 durinq construction or due to past activities. Ail exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. 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. de ee If during the course of site clearing, excavation, or other constructional 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 Management 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. Every effort shall be made to reduce the lake size to utilize dry retention and to maintain existing vegetation and replant it in a native habitat. Revise and completed drainage calculations based on the rules of the South Florida Water Management District (SFWMD) Chapters 40E4 and 40E-40 utilizing a design storm event of 3-day duration and 25-year return frequency. Revise calculations and/or a more substantial confirmation of the proposed control elevation. Verification of the outfall location and capacity shall be required. If deemed necessary by the County Engineer, appropriate improvements to the discharge system shall be required. The petitioner shall be responsible for the construction of. an on site sewer system capable of pumping into the City's low pressure/step sewer system. All on site sewerage systems shall be owned and maintained by the developer. Water lines shall have easements deeded to the City and can be maintained by the City, or the development can be master metered as approved by the City. The Fire District shall require the placement of the fire hydrant at the project's entrance. Approval of the proposed master plan reauires exceptions to the Subdivision Regulations as follows: 1) 2) Typical roadway cross-section Length of Cul-de-sac 2 me Oe pe qe re Se te Construction within the Right-of-Way of Bailey Lane shall be subject to conditions of a Right-of-Way Permit. The proposed lake and adjoining maintenance area shall be dedicated to Collier County with no responsibility for maintenance. If lots are to be created and/or sold, platting or a "waiver of plat" shall be required. The Engineering Department will not approve the issuance of any building permits for this project until an accept~%e . stormwater outfall is provided.~a Coach--Hous~-~an~.~. The minimum setbacks from the project's boundaries shall be those from the RSF-4 District regulations, (25 feet) with the exception of the eastern and western boundaries, which shall maintain a minimum 15 foot setback to all structures. The petitioner shall buffer the northern, eastern and western project boundaries in accordance with Section 8.37 of the Zoning Ordinance 82-2, and shall utilize existing native vegetation where practicable. The 15 foot building separations indicated on the site plan shall be maintained for all structures. The petitioner shall comply with the fair share contribution requirement for access to Bailey Lane from Airport Road, as set forth in Section 5.2.d of Ordinance 87-92.! PETITIONER OR AGENT REPRESENTATIVE FOR CCPC SWORN TO AND SUBSCRIBED BEFORE ME THIS ~ ~ DAY OF~ , 198q. 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. 89-14 which was adopted by the Board of County Commissioners on the 28th day of February, Z989, during Regular Session. WITNESS my hand and the off/cia/ seal of the Board of County Commissioners of Collier County, Florida, this 28th day of February, 1989. JAMES C. GILES -. ........ . Clerk of Courts and Clerk Ex-officio to Board of '. County Commissioners .~. By: /s/Maureen ~nyon Deputy Clerk