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Ordinance 88-103ORDINANCE 88- 103 AN ORDINANCE AMENDING ORDINANCE 82-2 THE ~.EHENSIVE ZONING REGULATIONS FOR THE ~,) ~JNINCORPORATED AREA OF COLLIER COUNTY, ,..:; FLORIDA, BY AMENDING ThE OFFICIAr- ZONING ~. ' :; .' ATLAS MAP NUMBER 48-26 BY CHANGING THE ~.'ZONING CLASSIFICATION OF THE HEREIN ]DESCRIBED PROPERTY LOCATED ON THE SOUTH "SIDE OF NAPI2"-S-I~OKAI~EE ROAD ..""~.~CR-8~8),A~OXI~XT'L~-- I 3/4 MIt~s Z~ST o~ .".~iI-75 IN SECTION 28, TOWNSHIP 48 SOUTH, '.'RANGE 26 EAST, FROH "A-2# TO #RSF-3# A "SINGLE-FAmILY RESIDENTIAL SUBDIVISION NITH ASSOCIATED USES TO BE KNOWN AS #WYNTREE#; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHERKAS, Oulfaide Marketing, Inc., represented by Anthony Plres, Esquire, of Woodward & Woodward, P.A., l~titioned the ~oard of County Co~aisalonera to change aching classification Of the below described real property~ NON, T~FORE BE IT ORDAINED BY TI~ ~OARD OF ~ CO~SSIONERS OF COLLIER COUNt, FLORIDA, The zoning cla~Sification of the hereinafter describ~ real property is changed from "A-2" to "RSF-3" and the Official Sorting Atlas Nap Nu~r 4S-28, aa deacribed in Ordinance S2-2 is hereby amended accordinqly: See Zxhibit "A" attached hereto end lncorporated~_ by r. ference herein. This Ordinance shall become effective upon receipt o~ · notice fr~ ~e Secreta~ of State ~at ~i. O~lnan~ ha~~ fll~ wl~ ~e Secreta~ of State. ~ -- P~S~D ~D ~Y A~D by the Conniselonere of Collier December .. k' ~AHES C. Glib.., Clerk County, Florida, this ~nrh 4ay , 1988 · · ~,~ · ' . ;.,.;%~''"' lEGAL SUFFICIENCY: BOARD OF COUNTY CONNIBSZONER~ COLLI. AER COUNTY, FLORIDA oSt~te's Offic · The East 1/2 of Section 28. To~nshio 68 South. Range 26 East. Collier County, Florida, exceptinp therefrom the North 100 feet thereof previous1? ~ranted for highway Rllht-of-Way, and exceptin~ oil, tat and mineral rights, interests and retentions heretofore reserved and retained of record: a parcel of land 31& acres, more or less. Subject co exceptions speci6ied in Deed recorded in Official Record Book 360. Pages 867 and 868, Public Records of Collier County, Florida. LESS the follovin~ described three parcels of' land: Parcel A: FROH the Southeast corner o( Section 28, To~n- thio ~8 South, Range 26 East, Collier County, Florida: thence North 89°57'00" ~est for 1981.53 feet to the POII~ OF BEGINNING; thence continue North 89°$7'00" t~st 660.~0 feet; thence North 2°13'~0'' West 33&.22 ~eet; thence South 89'57'11" East 660.&7 feet; thence South 2'1&'07'! East 33&.2~ feet to the POINT OF BEGINNING. Parcel'B: CO,HENCE at the monument at the Northeast corner 0~ Section 28. To~nshio &8 South. Range 26 East. and run thence alon~ the East line of said Section 28. South 00" East 1676.17 (eec co the POINT OF BEGII~INa and runnin~ thence rich the remainder of said East line, South 2'15~00' East 3673.63 (eec to a monument at the Southeast corner of Section 28. and run thence alone the South line oh Section 28, North 89°~7°00'' ~est 1981.~3 ~eet: thence run North 2'1&'07" West 33&.25 £eec; thence run North 89'~7'11" 660.&7 feet. co a ooint on the West line of the East 1/2 of Section 28; thence run alon~ this line North 2'13'50" ~esc 3337.91 {eec; thence run South 89'5~')2" East 26&0.67 feet to the POINT OF BEGIIiNING. Parcel C: COP~F. IICE at a monument at the Northeast corner of Section 28, Township 68 South, Range 26 East and run thence alon~ the North line of said Section 28, ~est 1980.09 feet to the POINT OF BEGINNING and runnin~ thence alonF the said ~orth line 660.03 {eeC; thence leavin~ said line and runninR South 2°13'50'' East 167~.29 feet to a monument; thence run South 89°58'52" East 660.17 feet to a monument: thence run North 2'15'00" ~est 1676.17 feet to the POINT OF BEGINNING. EXHIBIT AGREEI~ I, Anthony P. Picas, ~r., Noodward & Woodward representing Gulfside Harketing, Inc., as owner or authorized agent for Petition R-88-15C, agree to the following stipulations requested by the Board of Collier County Commissioners in thslr public hearing on December 20, 1988. as be co do 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 during construction or due to past activities. All exotic plants, as defined in the County Code, shall be removed during each phase of construction fro~ development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvaolon of the site by such exotic species. This plan, ~hich will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Develo[m~ent Division. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator ia 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. Tho Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide on1¥ a minimal interruption to any constructional activities. The petitioner shall incorporate a large percentage (at least 60%) of native species into the site land, raping to help restore the biological integrity of the area which has been lost through consecutive years of agricultural use. Detailed site d~ainage plans shall be submitted to the County Engineer for review. No construction pe~ts shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. The-conceptual Master Drainage plan and computations be scheduled before the W~IAB at a later date. The developer shall provide S0 feet of additional right-of-way along the south lade of Immokalee Road and no utilities shall be located within the additional right-of-way. he The developer shall provide 75 feet of road right-of-way along the east boundary of the project. At the developer's option, he may construct two lanes of a future four lane roadway along the east boundary of the property from Immokalee Road to the project entrance. Design and construction of the road shall be subject to the approval of the County Engineer. Construction costs only shall be applied as credits toward any project related road impact fees required under Ordinance 85-55. Arterial level street lighting shall be provided at the project entrance and at Immokalee Road. Residential structures shall be setback fro~ the ne~ ripht-of-way by a minimum of 50 feet tmless an appropriate noise barrier is provided to address the separation of arterial road traffic impacts and proposed living units. (An appropriate noise barrier would be a landscape buffer in accordance with Section 8.37 of the Zoning Ordinance. The developer shall make a fair share contribution toward the capital cos~ of a traffic signal in Immokalee Road when deemed warranted by the County Engineer. The signal shall be o~ned, operated and maintained by Collier County. if a vegetative barrier is placed around the package treatment plant and/or land disposal area, it shall be located in a manner so it does not affect the proper operation of the treatment process. The petitioner shall locate the land application site away from any drainage ditch and/or swale that may affect the proper operation of the land disposa~ site. O~ Subsequent to £ornml sub~ttal o£ Subdivlstonl~aster Plans, an excavation per. it £or lake excavation, as nil as other site improvements, shal! be allmmd, given ~ritten County approval. Right-of-way for road and/or pedestrian lnterconnection between the subject site (Wyntree) and the Dove Points PUD to the south shall be required 1£ deemed appropriate by the County Engineer at the time of Subdivision Master Plan review. Access to this Pro~ect shall be in accordance ~lth the Subdivision Regulations and shall be conceptually approved at time o£ Subdivision Italter Plan ~pprovalo The Utilities Division stipulations per their ~emo o£ August 9, 1988 - C.W. Te~be. ,, , (%' ¢ I R-88-15C AGRKE.KEHTSHEET 3 M£MORANDUM August 9, 1988 FLANNING--~',4PO TO~ Barbara Cacchione, Planning & Zoning · Petition R-88-15C, Wyntree We have reviewed the above referenced Petition and have no object'on to the rezone as requested. Ho~ever, we require the following atipulatione as a condition to our recc..~nendation for approval: !~ A) Water & Sewer ~' ....1) Water distribution and sewage collection and transmission · slrst~ will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for o~nership, operation and maintenance purposes pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. All water and sewer facilities constructed on private property and not req~red by the County to be located within utility easements shall be o~ed, operated and maintained by the Developer, his assigns or successors. U%~3n completion of construction of the water and se~er facilities within the project, the facilities will be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, County owned or privately owned, into service. Upon completion of the water and/or sewer facilities l~d prior to the issuance of Certificates of Occupancy for structures within the project the utility facilities shall be conveyed to the County, when require~ by the Utilities Division, pursuant to County Or~/nances and Regulations in effect at the time conveyance is requested. : 2) Ail construction plans and technical specifications and proposed · plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved bM the Utilities Division prior to conaencement of construction. 3) Ail customers connecting to the water distribution an~ sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. should the County not be in a position to provide water and/o= se~er service to the project, the water and/or se~er customers shall be customers of the Lnterim utility established to serve the project until the county's off-site water and/or sewer facilities are available to serve the project. t Barbara Cacchione, Planning & Zoning 9, 1988 4) It is anticipated that the County Utilities Division will ultima~s- 1y supply potable water to meet the consumptive ~emand and/or receive and treat the sewage generated by this prelect. Should the County system not be in a position to supply potable water to the pro]act and/or receive the project's wastewater at the tL-.e development com- mences, the Developer, at his expense, will ins=all and operate interim water supply and on-site treaUuent facilities and/or interim on-sits sewage treatment and disposal facilities adequate to meet all require- ments of the appropriate regulatory agencies. 5) An Agreement shall be entered into between =he County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed pro]oct, stating that= a) The proposed water supply and on-sits trsar~uent facilities and/o= on-site was=ewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim~ they shall be constructed to State and Federal standards and are to be owned, operated and maintained b~ the Developer, his assigns or successors until such time as the County's of~-sits water facilities and/or off-site sewer facilities ars available to service the project. The interim trea~nent facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility facility(les) may not be expanded to provide water and/or sewer service outside the development boundary approved by the County without the written consent of the County. b) Upon connection to the County's of~-sits water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the sits the interim water al%d/or sewage treaUuent facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. Ail work related with this activity shall be performed at no cost to the County. c) Connection to the County's off-site water and/or sewer £acllities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of connection shall include, but not be l~ted to, all engineer- ing design and preparation of construction documents, permitting, modi~lcation or refitting of existing sewage pumping facilities or construction of new master sewage pumping £acllities, intsrconnection with County off-site facilities, water and/or sawer lines necessary to make the connection|s}, etc. B&rhara Cacchione, Planning & Zoning 9, 1988 A~ the time County off-site water and/or sewer £acllities are ay&liable for the project to connect with, the following water and/or se~er facilities shall be conveyed to the County pursuant to appro- priate County Ordinances and Regulations in effect at the time~ 1) All water and/or sewer facilities constructed in publicl~ owned rights-of-way or within utility easemenCs required by the County within the project limits required ~o make connection with the County's off-site water and/or se~er facllities$ or, 2) Ail water and sewer facilities required to connect the project to the County's off-site water and/or sewer facil- ities when the on-site water and/or sewer facilities are constructed on private property and not required by the County to be located within utility easements, including but not limited to the follo~ing: a) ~ain sewage lift station and force main inter- connecting with the County sewer facilities including all utility easements necessarys b) Water distribution facilities from.the point of connection with the County's water facilities to the master water meter serving the project, inclt~lng utility easements necessary. e) The customers served on an interim basis by the u~llity sFstem constructed ~f the Developer shall become customers of the County at the time when County off-site water and/or sewer facilities are avail- able to serve the project and such connection is made. Prior to connection of the project to th~ County's off-site water and/or sewer facilities the Developer, his assigns,~ or successors shall tun over to the county a complete list of the customers served by the interim u~ilities system and shall not compete wi~h the County for the service of those customers. The Developer shall also provide the Cou~tywith &: detailed inventory of the facilities served within the project and the entitywhich will be responsible for the water and/or sewer service billing for the project. f} All construction plans and technical specifications related to connections to the County's off-site water and/or sewer £acil/t~es will be ~tted to the Utilities Division for review and approv&l Prior to commencement of construction. 033,, ,3 6 Barbara Cacch£one, Planning & Zoning 4 9, 1988 ~) The Developer, his assigns or successors avree to pay all system development charges pursuant to appropriate County Ordinance(s) under any of the following conditions, whichever occurs firsts 1. Whenever such person connects an existing structure to a water system and/or a sewer system owned or operated b~ the County~ or 2. Whenever such person applies for a building permit and prior to issuance of a building permit to alter an existing structure previously connected to a water system and/or system owned or operated by the County, where such alteration increases the potential demand on the County*s system(s); or 3. Whenever such person applies for a bulldingpermit and prior to issuance of a building permit to construct a structure which will be connected to a water system and/or se~er system owned or operated by the County under Phases 1, 2 or 3 of the County's Master Water and S~wer Plans, even though such person may receive interimwater and/or interim sewer service from a source other than the County. These requirements shall be made known to all prospective buyers of properties within the project. h) Th~ County will lease to the Developer for operation &nd ma/n- tenance the water distribution and/or sewage collection a~ tra~s- mission system for the sum of $10.00 per year, when such system Is not connected to the off-site water and/or sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activat~on of the water supply, treatment ,and distribut~on facilities and/or the sewage collection, transmission and treatment facilities. The Lease, If required~ shall remain in effect until the County can provide water and/or sewer service through its off-site facilities or until such time that bulk rate water and/o= sewer service agreements are negotiated with the interim utility system serving the pro,eot. B) Data required under County Ordinance No. 80-112 sho~ing the avail- ability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. !t~ot Ba~ba~:a Cacchione August 9, 1988 Planning & Zoning '~;'~ I~ an interim on-s£te water supply, trea~nt and transmission £acAl£t¥ As ut£1ized to serve the proposed pro~ect. It must be properly sAzedto supply average and peak day domestic demand, in addition to fire flo~ demand at a rate approved by the approprAate Fire Control DAstrict servicing the project area. D} Construction and o~nership of the water and se~er facilities, , including any proposed inter~mwater and/or sewage trea~ent fatAli- ties, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, Practices, etc. in effect at the tJ~e construc- tion approval is recessed. E} Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be subedttedwith the construction documents for the project. The reports shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. .:'.> (~) De d mains shall be eliminated whenever po sable by looping the' ~ntefnal pipeline network. H) Th~ util£ty construction documents for the project's sewerage ~stem shall be prepared to contain the design and construction o£ the on-site force main which will ultimately connect the project to the future central sewerage facilities of the District in the Xmmokalee Road right-of-wa~. The force main must be ex=ended from the on-site pump station to =he north rights-of-way lane of ~lee : Road and capped. It must be interconnected to the pump station with appropriately located valves to permit for s~mple redirection of the project's sewage when connection to the County's central se~er facilities becomes available. ii~ Ba~'bm:a Cacchione, Planning & Zon£ng ~gUst: 9, 1988 The Utilities Division will not be in a position to approve Certi[icates o[ Occupancy [or structures within the project unt£1 the o~-s£te sewerage facilities and on-of[-site water distribution f&c[l£ties previously stipulated have been completed° conveyed to the District and placed into service and sat£sfactorydocumentation has been suk~itted to the Utilities Administrator verifying that adequate fire flows exist within the project site, as specified by the UtiLities Division and/or the appropriate Fire Control District. J) The rezonin~ document and/or Developer's Agreement shall be revised to make reference to this memorandum, by date, and specify the Petitioner's acceptance o[ the stipulations contained herein. A revised copy o[ the Petitioner's Agreement and dra£t Ordinance for the rezoning approval must be submitted to the Utilities Division for =eviev and approval prior to tho Petition being considered by the Board o~ Cotlnty Cc~missioners. Off I'X, ORXD& X, ~ c. GILES, Cle~k of C~tl In ~d fo~ the h~eby certify that the foregoing il & time copy of: Ordin&nce No. 88-103 ~hich m adopted by the Bo~d of County Colmieelonere on 20th day of December, 1988, during Regular Session. ~IqlESS ~y hand and the official leal of the Bo~d of County Coemlssioners of Collier County, Florida, this 28th d~ of Decslber, 1988. Clerk of ~-offlcAo Co~ty Co~l~lionlrl ~.. " ',. ". ~ ,.,.- / ~ By: ~ureen ~nyon '~ ".'. ' .' ' ' Deputy Clerk .; ~,' ' _ ': ~'