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Ordinance 88-073 VHEXF. AS, VLleou, ](:tlltr, Bere~u, Sell end Peek, Ina. petittomnd the hTd Of C~nt~ Colm~liOnerl to change Z~I Clill/£/~ltiO~ Of the described re~l propertyl O~ COLLI~ COUNTY, The ~ontnS Clumifi~tio~ of the herein described mX prolmrty i~ chanlsd frou A-2 to C-4 and the Off/chi Zo~n~ Atl~l J~p J~uher 48-2~-7, ~8 dsmccibsd ~n Ordineace 82-2 i, hereby mueudnd ~ccordiatlyt The vest' Jf of the uortlnmst k of the oortJ~emt J~ less vest lO0t iud ~orth lOOt rood rilht-of-~r87. Sect/on 25. Tov~hip 48 south. I~nle 25 hot. Collter CountT, Flortd~. SECI~OH T~lm Ordin~nce elmll become effect/vi ~ nottcl that Lt ~m been received b7 the 0ff~ce of the fecrseary of ~tate. LEGAL SUFFICIENCTt BOA~ OF COUJFFY CO~ISSION~ t.-87-44C Ordin~ce I, Alan D. Re,holds, as owner or authorized agent for Petition R-87-44C, agree to the following stipulations requested by the Collier County Planning Coam~sslon in their public hearing on Hay $, 198~o Petitioner shall be sub~ect to Ordinance 75-21 [or the tree/vegetation re.oval ordinance in existence at the time of permitting], requiring the acquisition o£ a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Nesources Hanage~ent Department and the Community Development Division for their review and approval prior to any substantial work on the sites This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final elto layout incorporates fetal,ed native vegetation to ~le maxtnu~ extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to ccc.sun.date this goal. Native speciei'shall be utilized, ~here 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 Cceununity Development Division for their revte~ and approval. This plan will depict the Incorporation o£ native species and the£r mix with other species, i£ any. The qoal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past actlvit~es. Ce Ali exotic plants, as defined In the County Code, shall be removed du=lng each phase of const~uctiofl from development areas; open space &rems; and preserve areas. Following site developsmnt · maintenance pro, ram shall be ~mplemented to prevent retnvaslon of the sate by such exotic species. This. plan, which will describe control techniques and Inspection intervals, shall be filled w~th and approved by the Natural Resources Management Department and the C__~f~__untty Development Division. . ,.,, 032,,,, .02 Xf during the tours& of eats clearing, excavation, or other constructional activities, an archaeological or hiltor~cal site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources ~anagement 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 tho find and detemifle the proper course of action in regard to Its salvageability. The Natural Resources Hanagement Department will respond to any such notification in a timely and efficient manner as aa to provide only a m~nJ~ll interruption to any constructional activities. Unique trees shall be l) identified by the petit~oner and approved by NR~D, 2) ma~ntainad in their existing locations if possible, and 3) incorporated into the landscape element of the development where feasible. In addition, tho mature pines in the southern half of the parcel shall be preserve where feasible. These trees will provide habitat for birds which may resmin after development. TTses to be prot3cted shall be contained in islands, buffer areas, parking divisions, and other natural areas. It is recommended that al many oak tr~es as possible, other than the unique trees referred to above, be transplanted Into proposed green space. In reference to Standard Stipulation ~3, above), the Brazilian Pepper ~n the disturbed cypress area shall be removed by hand and subsequently treated. Hand removal will allow for the protection of cypress and other native vegetation, and avoid inadvertent injury to these species during the exotic eradication process. The cypress area shall be retained within the buffer sene on this eastern boundary. Prior to development, a gopher tortoise survey shall be conducted by knowledgeable personnel. appropriate procedures shall be followed for relocation of gopher tortoises found during the survey. The mm m m~ me nm Oe Detailed site d~alnage plans' shall be sub~ltte~ to the County Engineer and the #star ~anaga~nt Director for raviemr. No construction pe~aits shall be issued unless and until appr~al of the pz~posed const~ction in accordance with ~he submitted plans is granted by the County Engineer and the #afar ~anage~zent Di~ector. In accordance with the Rules of South Florida Water Manage~nt District, (SFlf~D) Chapters 40E-4 and 40E-40, this'project /hall be designed for a StOZl event of 3-dam duration and 25-year return frequency. An Excavation Permit will be required for the proposed retention areas in accordance with Collier County Ordinance No. 88-26. The developer shall provide a fair share contribution tmra~d the capital cost o£ a t~a~fic signal on Airport Road at the project's main entrance when deemed warranted by the County Engineer. The signal shall be owned, operated and maintained by Collier County. At the time of future 4-1aning of J~irport Road (not included in the current contract), the cost of ~edian construction and th~u lanes shall be borne on a'fair share basis by the adjacent benefiting property owners. The developer shall provide arterirl level street lighting at all pro, eot entrances. The developer shall provide right turn lanes on Airport and l~mokalea Road at all project entrances. If located as indicated on the site plan, the driveway on ~emokalea Road shall be limited to right turn in and right turns out. In lieu of this the d~ivewaymay be located in aliqn~ent ¥1th the driveway behind the east wing of the main structure, in which case a ~edian opening viii'be permitted upon the fou~ laning of l~okalea Road. p. The developer shall pz~vlde £1£ty £aet of additional rlght-o£-way along the so~th side o£ Znunokalee Road for planned roadway widaningo q. These improvements {k. through p. above} ara considered "site related" al defined in Ordinance 85-55 and shall not be applied as credit tova~d any l~pact fees required by that ordinance. *r. That the project be approved subject to than 60,000 square feet of qross leasable area being constructed prior to the co~pletion of the four-lantnq of Immokalee Road between U.S. 41 and Airport Road, (Currently scheduled for co~pletion by December 1990~, unless superseded by an adopted Board policy concer'ntn~ the ~ransporta%lon ~ssue. s. Should this project be subdivided, it shall be subject to co~pliance with the Subdivision regulations in effect at the t. Utilities stipulations per thair~e~o dated November 9, 1987. u. The project wiii be requirsd to.est water flo~ requirements of 750 6PN at 20 PS! throughout the co~plex. Also, fire hydrant locations and water ~atn size will have to be shmm at the t~ of submittal for Site Development Plan. v. A 15 foot landscape buffer ~eeting the height and opacity requirements o£ Section 8.37 of the ~oninq Ordinance shall be provided alonq the east and south property lines. w. Prior to the issuance of building per,its, site davelol~nent plans In accordance with Section of the Zoning Ordinance shall be subedtted revie~ and approval. *x. The mex&ummqross leasable square footage for coe~rcial ~s-&2O?O~S-~a-~mnst~at~-&n-tke pob&tion-and show~ 9~ the site plan is 120 07S, staff ma~ ~ecommen~ ~dditional mttioation~ }e~uirements~ * Changes made at CCPC hearing on Xay S~ ~988. Words underlined are addedj ~ords et~ek-thee~gh are delete, SWORN TO AND SUBSCRZBED BEFORB I~ '~IIZ~ ~ DAY OF ~~ 1988. S STATE OF FLORIDA .. COt~ OF COLLIER ) I, JAHES C. GILES, Clerk of Courts in and for the ~entieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy Ordinance No. 88-73 which was adopted by the Board of County Commissioners on the 27th day of September, 1988, during Regular Session. WlT~ESS my hand and the official seal of the Board o~ County CommissiOners of Collier County, Florida, this 28th day of September, 1988. JAHES C. GILES ~** .... .- Clerk oE Courts and Cle~/"*' *' ". "~ Ex-officio to Board c~ ' '' B? ~ * ~puty Clerk ~/~ .'