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Ordinance 88-102OROINAI~CE 88- 102 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 50-26-4 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED FROPERTY LOCATED ON THE EAST SIDE ,': OF COUNTY BARN ROAD APPROXIMATELY 3/4 OF A -- HILE NORTI! OF RATTLESNAKE HAMMOCK ROAD , (CR-864), IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONTAINING 41.0 ACRES /4ORE OR LESS, FROM A-2 TO P. MF-6 FOR 240 RESIDENTIAL MULTI-FAMILY UNITS; AND BY PROVIDING FOR AN EFFECTIVE DATE. WltEREAS, Chatham Lake Development Corporation, represented by #111Iam C. McAnly& Associates, P.A., petitioned the Board of County Commissioners to change the zoning classification of the below described real property; THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY CO~MISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the hereinafter described zeal property is changed from SA-2' to "RNF-$" and the Official Zoninq Atlas Map Nt~mher 50-26-4, aa described in Ordinance 82-2, ts hereby amended accordingly: See Exhibits 'A' and 'B# attached hereto and incorporated by reference herein. SECTION TWO: This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. BOARD OF COUNTY COHNISSIONBItli COLLIER~COUNTY, FLORIDA BY :~ I~EGAL SUFFZC'IENCY: ASSIST'ANT COUNTY ATTORNEY ,,,, 033-.,331 PARCEL The Southeast quarter of the Horthvest Ouarte,, except the #estezlM 50 feet thereof for road right o! yam in Section Tovnship 50 South, Range 26 East; Collie~ County, Being more partlcularl~ described as Commence at the ~outheast corner o! Section 17, Tovnshlp 50 8outh; Range 26 East, Collier County, Florida and ,un Ho, th 00 Degreen 03 Hlnute 02 Seconds East along the East line said Section l?, for 50.01 feet to the intersection vith the Hocth right of gay for of Rattlesnake Hammock Road (CR 864); thence run Hocth 89 Degrees ~? Hinutes S4 ~econds Vest along said right of gay for 253~.45 feet to the Intersection o! the ~orth-South Ouerter line of said Section 17~ thence run Ho,th 00 Degzees 13 Hinutes 3~ Seconds Vest along said Ouar~er line for 2520.18 feet to the center of said Section 17 and the POINT OF BEOINNINOj thence run North 8~ Deg,eea 05 Hlnutes 35 Seconds Vest for 1275.78 feet to the East ,lght-o! gay line of County Barn Roads thence run North 00 Degrees 21 Hinutea 04 Seconds ~e~t along said right-of-gay [o, 1~35.$1 thence run South 89 Degrees 00 Hlnutes 07 Seconds East 1293.07 feet to the North-South Quarter line~ thence South 00 Degrees 12 Hlnutes 49 Seconds East £o, 1334.81 feet to the Point of Beginning subject to easements of reco,d~ contalaing 35.20 acres more or leas. Ptepazed bM= lllliam C. HcAnly~ P.L.8. Florida Reg. #o. 1S43 EXHIBIT "Au The East 30 ~eet o! the East hal! o! the Southvest except the Southerly 50 leer thereo! loz road zlght Section 17~ Tovnship 50 South, Range 26 F. aat, Collier County, Florida; Being more particularly described as Commence at the Southeast cocner o! Section ~7, Tovnship 50 South~ Range 26 gast, Collier County~ Florida and run North 00 Degrees 03 Hlnute 02 Seconds East along the East line of said Section 17, for 50.01 feet to the Intersection vlth the North r'lght of gay for of Rattlesnake Hammock Road (CR 864); thence run North 89 Degrees 17 Klnutes 54 Seconds West along said right of gay for 2636.46 ~eet to the Intersection o! the North-South Ouarter line of said Section 17 and the POINT OF BEGINNING; thence run North 00 Degrees 13 Hinutea 36 Seconds Vest along said 0uarter line for 2620.18 feet to the center o! said Section 17; thence run North 8~ Degrees 05 Hlnutes 35 Seconds lest for 30.00 feet; thence run South 00 Degrees 13 Hinutes 36 Seconds East for 2620.01 feet to the to the Northerly right-of-vay line of said Rattlesnake-Nalmock Road; thence run South 89 Degrees 47 Nlnutes 54 Seconds ~aat ~or 30.00 feet to the Point of Beginning sub~ect to easements of ~ecord~ containing 1.80 acres more or leal. #llliam C. HcAnly~ P.L.8. Florida Reg. No. 1543 Data: EXHIBIT NB" ~, #llliam McAnly, Mc~nly & Associates, representin~, ~hathma ~ake DevelOl~ent Cor~., as owner o~ authorixed a~ent for ~etition R-8~-l?C, agree to the follow~n~ stipulat~ons requested by the Collier County Planning Coem~ssion in their public hearing on December 1, 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 Natural Resources Management 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. Native species shall be utilized, where available, to the maximum extent possible in the alt. landscaping design. A landscaping plan will be submitted to Natural Resources ~anagement and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their 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 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 Natural Resources Management and the Community Development Division. de l£ 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 Natural Resources Management notified. Development will be suspended £or a e® ho me sufficient length of time to enable Natural Resources ~anagement or a designated consultant to assess the find and determine the proper course of action In regard to its salvageability, Natural Resources Nanagement will respond to an7 such notification In a timely and efficient manner so as to provide only · minimal interruption to any constructional activities, Petitioner shall seek a wetland Jurisdictional determination by the U.S. Army Corps of Engineers, and if necessary, obtain the required permits prior to approval of the sits development plan. Petitioner shall save as many is practical and possible of the dab.on holly (Ilex caseins) trees on site. These trees that exist within the development areas, ~here feasible, shall be transplanted to other areas on site. Petitioner, where feasible, shall save the quill-leaf (Tlllandsia fasclculata) epiphytes at their current location eithin the development areas or by transplanting them to on-site, non- development areas prior to issuance of a tree removal permit. A thorough survey of the area by petitioner, or petitioner's agent, and a member of NR~ shall be conducted to determine the density of the epIphyte and suitable relocation areas. Site clearing shall be restricted to areas needed to construct the footprints of the buildings, the reade, the lakes, and other required water management facilities, and for exotic removal. 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 subsltted plans is granted by the County Engineer. An Excavation Permit will be required for the proposed 'development lakes in accordance with Collier County Ordinance No. 88-26. The developer shall provide left and right turn lanes on County Barn Road at the project entrance. The developer shall provide 25 feet of additional road right-of-way along the east side of County Barn Road and no utilities shall be located within the additional right-of-way. Arterial level street lighting shall be provided et the project entrance. qo re to u® Ve We Residential/multi-family building locationn shall bm lit back from the new rlqht-o£-way line by a ~ln~mum of $0 feet unless an appropriate noise buffer Il provided to address the separation of arterial road traffic ~pactl and proposed living units. (A landscape buffer In accordance with Section 8.37 of the Zoning Ordinance 82-2 will provide an appropriate buffer.) The developer shall make a fair share contribution toward the capital cost of a traffic signal on County Barn Road when deemed warranted by the County Engineer. The signal shall be owned, operated and maintained by Collier County. These improvements (k. thru o.) are considered 'site related~ as defined in Ordinance 85-55 and shall not be applied as credits towards any impact fees required by that ordinance. This project shall be designed for central water and sewer, The petitioner shall receive reasonable assurance from the Collier County Utility Departuent that the flows generated by this project can be accommodated. Proof of this shall be provided to Planning Services staff prior to the BCC hearing. Access to the site shall be in alignment with Charlemagne Boulevard, as shmm on the site plan. Any subdivision of this property shall be in accordance with State Statutes and the Collier County Subdivision Regulations. The Utilities Division stipulations per their memo dated Auqust 9, 1988, C.W. Temby, shall apply. The parking areas shall be revised and separated from the main circular drive to n~Lnimize safety concerns and J~prove traffic circulation. The petitioner shall conform to all stipulations as noted in the Parks and Recreation Advil.fy Board letter of November 29, 1988 with regard to pool lire, club house, tot lot, wading pool, tennis courts, etc. Tot lot and wading pool areas shall be reserved for future use when 64 children occupy the development. ,00,336 3 REPRESENTATIVE FOR CCPC MY COMMISSION EXPIRES ~ R-88-17C AGREEMENT SHEET I, ~AH~S C. OIL,S. C~erk of Cou~te ~n and for the ~ntle~h ~ud~c~al C~rcu~t, Collier County~ P2orld&~ do hereby certify tha~ the foregoing lea ~rue copy o~ Ordinance whichwa~ adopted by the Board of County 20th day of Deceaber, 1988, during Regular Seeelon. #ITemS ~y hand and the offic~a! seal of the Board o£ County Comaleelonere of Collier County, Florida, thll 22th d~ o£ December, 1988. Clerk of Courtl ~nd Clerk .'%'. Ex-off~cio to Board of ~'~~C°unty Co~mlsslgners . .'.:, -.. . ,' By: Maureen Kenyon Deputy Clerk ' '. '" '~ ' ~'