Ordinance 81-40RECF. IVED
3 3'/
WlLLIAN J. REA~'All
CLERK O.~
COLLIER C~?~T¥. FLORIOA
ORDINANCE
AN ORDINANCE AMENDING ORDINANCE 76-30, THE
COMPREHENSIVE ZONING REGULATIONS FOR TIlE
UNINCORPORATED AREA OF THE COASTAL AREA
PLANNING DISTRICT BY A~ENDING TI~E ZONING
ATLAS MAP NUMERS 50-25-1 A/~D 50-25-6 BY
CHANGING THE ZONING CLASSIFICATION FROM'
RM-1, ~'t-iST, RM-2, RM'2ST, GC AND GC-ST
TO PUD FOR PROPERTY LOCATED IN SECTIONS
11, 14 AND 23, TOt~NSUIP 50 SOUTft, RANGE 25
EAST FOR PROPERTY KNOT~ AS FIS]IERMAN'S
COVE AND BY PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Whispering Pines~ Inc.,.has petitioned the
Board.of County Commissioners of Collier County, Florida to
change the Zoning Classification of the herein described
real property;
NOt~, THEREFORE B~ IT ORDAXNED by the Board of County
Commissioners of Collier County, Florida~
SECTION ONEt
The Zoning Classification of tho herein described real
property located in Sections 11, 14 and 23, Township 50 South,
Range 25 East in Collier Coun.ty, Florida is changed from RM-1,
RM-1ST, RM-2, RM-2ST, GC and GC-ST to PUD-Planned Unit Deval-
Dpment in accordance with the PUD. Document attached hereto as
Exhibit "A" which is lncoporated herein and by reference made
a. part hereof. The Official Zoning Atlas Map Numbers 50-25-1
and 50-25-6, as described in Ordinance 76-3), are hereby
amended accordingly.
RF..CEI¥£D
,!
~OlilER C¢,LI?-Ji T..FLORIDA ,
A
PLANNED UNIT D~'-VELOPM~-NT
Whisporlng Pines, Inc.
· Suite I - 5600 Tamiami Trail. North ·
NapXes, Florida 33940
Coastal EngLnear/ng Consultants,'
3502, Radio Road
P.O. Box 8308
Naples, Florida 33941
Pro~ect Nu~er e
Oune, 1981
80.008
E~HIDXT "A"
CONTAXNXNG 38 PAGES
Section I - Property Ownership Description
Section 2 - Project Development
Section 3 - Tracts A & B: Medium Density Multi-Family
Residential Development
Section 4 - Tract Ct Golf Course
Section 5 - Development Standards
Exhibit "A"~ PUD Master Development Plan
Exhibit "0": .Location Map
Exhibit "C": Rezone Stipulations
Exhibit "O": ~eight Limltatioh Agreement
PROPERTY O~ERSI{IP AND DESCRIPTION
1.1 Purpose
The purpose of this Section is to delineate th~ location and
ownership of the subject property and to describe the existing
con~itioni of the property proposed to bo developed under the
project name of Fisherman's Cove.
1.2 Legal Descriptio_.n
A tract of land lying in Sections 11, 14 and 23, Township 50
South; Range 25 East; Collier County, Florida, being ~ore
particularly described as follows:
Co~mencing at the North. qua=tlr corner of Section 14;
Township 50 South; Range 25 East~ Collier County, Florida, run
S 89'25'40" W along the North line of said Section 14 a distance
of 300.00 feet to the True Point of Beginning; thence N 00013'07"
W 521.19 feet; thence S 89e34'18" W 314.39 feet; thence
S 68004016" W 89?.82 feetr thence S 42e06'21" W 265.25 feet~
thence S 42e04~52" W 421.60 feet to · Point of Curvature; thence
68.47 feet &l~ng tho &re of & curve, concave to the Southealt,
having a radius of 50.00 feet and a chord having a length of
63.24 feet and bearing S 02050t59" W to a Point of Reverie
Cu~vaturej thence 379.35 feet along the arc of · curve, concave
013 I0
to the Northwest, having a radius of 200.00 feet and a chord
having a length o£ 324.94 fcet and bearing S 17e57'27" W to a
Point of Tangency= thence S 72e17'43" H 209.97 feet to a Point o£
Curvature/ thence 314.16 feet along the are of a curve, concave to
the Northeast having a radl~e of 200.00 feet and a chord
having a length of 282.79 feet and bearing N 62e42'17" W to a
Point of Revoz~e Curvature= thence 80.27 feet along the ar9
of a curve, concave to the Southwest, having a radius of 50.00
fe~t, and a chord having a length of 71.92 feet and bearing
N 63e41~51" W to a Point of Tangency/ thence S 70e18~35" W
116.55 feet to the W~st line of Section 14, being, also, the
Eastern limits of the City of Naplea~ thence S 00e09"12" E
along said section line a distance of 2034.48 feet to the West
quarter corner of Section 14~ thence S 00e12~53" E 2684.71 feet
to the Southwest corner of Section 14= thence S 00~14~20" E
1349.11 feet to the Southwest corner of the Northwest quarter of
Northwest quarter of Section 23= thence N 89"20~23" E along the
South line o£ said Northwest quarter of the Northwest quarter a
distance of 1280.83 feet to the Westerly right-of-way line of
County Road 858/ thence N 00e37~34" W along said'right-of-way
line a distance of 1351.33 feet to the North line of said North-
west quarter of the Northwest quarter= thence N 89~14~19" E
19.60 feet to the Westerly right-of-way line of Fern Street=
thence N 00~13~25" W along said right-of-way line a distance of
1332.51 feat/ thence N 89e1~16" E 1352.29 feet/ thence
N $~'42'0~" E 1295.42 feat.to the Westerly right-of-way line
of Killy Road~ the,ca N 00e17'46" W along laid right-of-wa~
line a distance of 333.52 feet! thence S 89'42~44" W 1294.96 feet
to the North-South qua=tar section line of Section 14~ thence
N 00'13e07." W along laid quarter leCtiOn line a distance of
2329.90 feet! thence S 89e35e14" W 330.45 feet! thence
N 00'13t07" W 462.39 feet~ thence N 89e35~11# E 30.47 feet!
thence N 00e13t07" W 868.04 feet to the True Point of Beginning.
Said tract containing 320.60 acrea.
1.3 .... Property Ownership
The subject property is currently under the ownership of
Whispering Pines, Inc., Naples, Florida.
1.4
A)
Gen~ral Description of P~ope~ty Area
The pro~e~t site contains 320.60 acres and
located on lands lying within Sections
14 and 23, Township 50 South, Range 25 East.
The property la b0unde~ on the north by Haldeman
Creek~ on the ~ast by ~elly Road and various
East/Welt aide streets and Thomasson Drtve~ on
the south by Bayview Park and residential landl~ and
on the west by lands within the City el Naples.
~he eu~cent zoning classi£Lcation o~ the
property il Gol£ Course, Golf Course-S?,
2, and RM1-ST. Tho property is within the Collier'
County Water-Sewer District and Collier County
Water Management District Number 6.
1.S P~ysical Description
The project is located within Collier County Water Management
District Number 6. The site property receives runoff from
the east only. Maldeman Creek to the no=th, an existing
manmade canal to the south and Naples Bay to the west effectively
isolate the property from surrounding areas. Topographic
date shows the existing ground to fall from east to west
scroll"the site property.
Elevations within the project uplands range from +6.0 to
+2.0 feetfeet above mean sea level. The ground grades from
the higher elevations on the east to the lower ones along
the Naples Bay and Haldeman Creek areas.
Water management for the proposed project will be the lake
retention type. A series of 16 interconnected lakes, scrubber
swales and spreader waterways will store and discharge
runoff from the lite. Every attempt will be made to design
and permit a water management system which will allow
re-establishment of the natural hydroperiod through the
drainage system.
The agronomic IOil leriel foun~ within the project boundar~el
include Immokalee fine land (approximately 25 percent)!
Arzell fine sand, Broward find sand (shallow phase), St.
Lucia fine sand and ~lanton fine sand (approximately 29
percent)'~ Mangrove swamp (approximately 21 percent}~ Pompano
fine sand (approximately 13 percent)~ the remainder is spoil
areas, cypress swamp and tidal marsh. Soil characteristics
were derived from the Soil Survey of Collier County, Florida,
issued by the U.S. Department of Agriculture in March, 1954.
Section 2
PR03ECT DEVELOPMENT
2.1 Purpose
The purpose of this Section ts to delineate and generally
describe the project plan of development, the respective land
uses of the tracts included tn the project,as well aa the project
criteria for Fisherman's ~ove.
2.2
A)
General
Regulations for development* of Fisherman's Cove
shall be in accordance with the contents of this
document, PUD-Planned Unit Development District
and other applicable sections and parts of the
"Collier County Zoning Ordinance'.
a)
Unless other~else noted, the definitions of all
terms shall be the same as the definitions set
forth in 'Collier County Zoning Ordinance'.
2.3
A)
Project Plan and Land Use Tracts
The pro~ect plot plan, including layout and
land use of the various tracts, Is iljustrated
graphically by Exhibit "A", PUD Master Development
Plan. There shall be three (3) land use tracts,
15
°t
plus necessary ~reet rights-of-v~y, the general
configuration o£ which is also iljustrated by
Exhibit "A#.
1)
2)
?tact A & B: Medium density multi-family
residential (~) 98.48 acres
?tact C: Golf Course (~) 212.12
(~) 320.60 acres
~)
Areas iljustrated as Lakes by Exhibit."A" shall be
constructed lakes. Such lakes shall be in the
same general configuration and contain the same
general acreage as shown by Exhibit "A".
C)
In addition to'the various areas and specific
items shown in Exhibit "A", such easements (utility,
private, semi-public, etc.} shall be established
within or a~on9 the various tracts as may be
necessary or deemed desirable for the service
function or convenience of the project's Inhabitants.
2.4 Maximum Project D~nsitZ
No more than ?49 multllfamily resid~nttal dwelling units
shall be constructed in the total pro~ect area. These units
,{
may be located as desired within the boundaries of Tracts A
and B. The gross project area is 320.$0 acres· The gross
project density, therefore, will be a maximum of 2.34 units
per acre·
2.5, Pro~ect Plan Approval Requirements
Prior to the recording of the Record Plat, final plans of
the required improvements shall receive the approval of all
appropriate Collier County governmental agencies to insure
compliance with the Plan of Development, the County Subdivision
Regulations and the platting laws of the State of Florida.
Exhibit 'A" - PUD Master Development Plan, constitutes the
required PUD Development Plan and the Subdivision Maater
Plan. Subsequent to its approval~ the Final Bite Plans and
Final Subdivision Plat shall be submitted for approval.
10
Section 3
Tracts A and 9; Medium Densit~
Multi-Famil~ Residential Development
3.1 Purpose
The.purpose of this Section is to indicate the development
plan land regulations for the areas designated on Exhibit'"A"
as Tracts A and B, Medium Density Multi-Family Residential.
3.2
A}
Site Plan ~equirements for Tracts
In the event an entire multi-family tract is sold by
any owner to a second party for subsequent development
by that second party, a master (or site) plan for the
entire tract must be submitted by the second party and
be 9pproved by tho appropriate Collier County agencies
prior to the issuance of building permits. Such
master (or site} plan ihall show the proposed lo-
cation of all accesl roads, off-street parking areas,
recreation facllitiel, landscape plan, other acceslory
usel and multi-family residential str~ctures and the
distribution of dwelling units among the proposed
structures.
In the event a multi-family tract le sold By any owner
in fractional parts to other parties for subsequent
11
.[
development, the following procedure shall be
adhered to~
The O~ner who proposes to fractionalize any
tract, shall submit a master plan of property
and dwelling unit distribution covering the
entire affected multi-family t~act for review
and approval by the appropriate Collfer County
agencies. Such approval shall be obtained
prior to the sale of any fractional part of
the affected tract. The master plan of property.
and dwelling unit distribution shall include
access road size, location, ownership and main-
tenance, ~nd the distribution of land and dwelling
units. Such distribution of land vs. dwelling
units shall be as nearly proportionate as possible.
The developer of a fractional part of a development
tract must lubmit at the time of application for
a building permit, & getalled alia plan for
fractional part. Such lite plan shall Ihow the
proposed location of all access roads, cfr-street
parking areas, recreation facilities, landscape
plan, other a~cessory uses and multi-family res-
~dent~.al structures and the d~atr~but~on of
dwelling units among the proposed structures.
Max[mumDwellln~ Unit~
~ maximum number of 749 d~ellinq units may be c~nstructed on
?facts A and B. These units may be located or cjustered as
des[red over the development Tracts A and B to enable maximum
open space and preservation of natural vegetation°
3.4 Uses Permitted
No bu[ld£ng or structure, or part thereof, shall be erected,
altered or used, or land used, in whole or in part, for other
than the following:
A) Principal Uses~
I) I~ultl-Famlly Residences.
2)
Lakes and water management facilities.
3) Pro~ect ~anagement office and facilities.
4) ManageF*s residence,
B) Accessory Uses:
1)
Accessory uses and structures, including
garages. :' :'
2)
Recreational uses and facilities such as
boat ramps and small docks, awimming pools,
children's plaground areas, driving rangss and
practica greens, arc. Such uses shall be
visually and fUnctionally compatible with the
adjacent residences which have the use of such
facilities.
3) Signs as permitted at time of permit application.
4)
Model dwelling units shall be permitted in con-
Junction with the promotion of the development.
Such model units shall bc converted to residences
at the end of a two year period unless otherwise
specifically approved by the County.
5) Maintenance and utility buildings and facilities.
Boat ramps or small docks to allow lake
recreation.
Re~ulatione
3.5.1 ,Ceneralt
All criteria listed belo~ shall be under-
14
3.5.2.
a~oo~ to be in relation to the respective
tract boundar~ lines or between.buildings. '
Minimum Yards~ The multi-family, "Tracts" included
in the project design are not Intended
to facilitate traditional criteria for
front, side and rear yard setbacks·
On the other hand, the following criteria
ara herein included so as to preserve
the integrity of the pro~ectz
A) Setbacks from Coif Course Tract Lines - None. ,
Setbacks from non-golf course Tract Lines
30 foot or o:,e-half (1/2) the building
height whichever is greater.
c)
Distance between principal structures - 20
feet or one (1/2) the sum of the heights of
the adjacent structures whl~heYer is greater.
In instances where there shall be structures
on opposite sides of the same envelope (or
multi-family tract}, and these structurol
are separated by a through acceasway~ each
atr~cture will be set back from the center of
15
D)
'6
the aceessway a minimum 0£ 20 £eat pl~s one-
hal£ (1/2) the height o£ the structure,
Setbacks from edge of street pavement 30 feet
or 1/2 the building height whichever is
3.S.3.
Minimum Floor Area~ Each residential unit shall
have a minimum floor area of 800 square
feet.
3.5.4.
~axtmum..}le.i~ht.: Three (3) floors of living area,
with one floor of parking below. See
attached September 16, 1980, Agreement,
Exhibit D".
3.6
Off-Street Parking Requiremenks~
3.6.1. Locat/on~ Parking spaces required for buildings
within an envelope or tract shall be
located within said tract and shall be
'located under the building and outside
the building on the same side of the
access drive as the building being served.
16
,!
3.6.2.
R~quirements~ One and one half (1 1/2)
paved parking npaaaa par res-
idential unit pXus Ohm haXf (1/2}
parking.
{,7
~ection 4,
Tract C
4.1 Purpose
The Purpose of this Section ts to set forth the development Plan
and. regulations for the areas designated as Tract C, golf course
on the PUD Master Development Plan, Exhibit
4.:2
A)
Development Plan
The primary function and purpose of this Tract will be
to provide golf course, club house and recreational
facilities. Further, these areas shall provide for the
flood relief and drainage of the total project.
Except in areas to be used for water impoundment and
principal accessory use areas,' all natural trees and
other vegetation as practicable shall be protected and
preserved. All landscaping and earthwork to be per-
formed in the Golf Course shall be of high quality and
In keeping with tho primary qoals set for this develop-
mont and in accord with the Landscape Plan.
4,3 Uses Permitted
No building or structure, or part thereof, shall be erected,
altered or used, or land used, in whole or In part, for other
than the followings
18
A)
Principa~ Vses~
.2)
Open spaces and outdoor recreation facilities.
Lakes and other functional facilities or uses
to serve for the flood relief and drainage.of
project improved areas.
Pedestrian and bicycle paths or other similar
facilities constructed.
Small buildings0 enclosures or other structures
constructed for purposes of maintenance, storage,
recreation or shelter with appropriate screening
· and landscaping.
Shuffleboard courts~ tennis courts, swimming
pools, and other types of facilities Intended
for outdoor recreation.
?)
On-site eewage treatnmnt plant/facilities
Section 4.8 o£ this PUD Document).
(see
dj
Accessory Usest'
Clubhouse~ pro-shop, practice driving range
and other customary sccesso~y uses of golf
courses, or other recreational facilities,
Small commercial establishments~ including
gift shops, golf eguipment sales~ restaurants,
cocktail lounges, and similar uses, intended to
exclusively serve patrons of the golf course
or other permitted recreational facilities,
subject to the provisions of the zoning of
Ordinance at the time of building permit
application.
3)
Boat ramps, docks and related facilities.
4.4 Plan Approval. Requirements
Plans for the golf coulee and all other usel shsll be submitted to
the Division of Community Development who will review these plans
and approve their construction. All construction shall be in
accordance with the approved plans and specifications. The
perimeter boundaries of such plans shall meet all State and County
requirements.
4.5 General Requirements .
Overall site design shall be ha~monious in ttms of
l)
2O
land~caplng~ enclosure of structures~ location of access
streetR end parking areas and location and treatment o£ ',i~iiii
buffer areas.
Buildings shall be set back a minimum of fifty (50)
feet from abutting residential structures and the set-
back area shall be appropriately landscaped and main-
rained to act as a buffer zone.
3)
Lighting facilities shall be arranged in a manner
which will protect roadways and neighboring properties
from direct glare or other interference.
4)
A site plan shall be provided showing pertinent
structure locations.
4.6 Maximum Height
Forty (40) feet above finished grade or from the minimum base flood
elevation required, by the Flood Elevation Ordinance whichever Is
greater.
4.7 Minimum Off-Street Parkinq~
As required by Zoning Ordinance at time of permit application.
4., Special Uses
portion o£ Tract 'C'
~ay be used as the temporary location cz '~.~.
a sewage treatment plant and oxidation/evaporation pond until a
~unlclpal treatment and collection sMstem is available to serve
the pro, oct. At such time as the treatment plant is di"~°n'tinue~
all of T~act "C" shall bo utilized for gol£ course development
as provided for by this Section.
~e~tton 5
5.1 Pur~os~
The purpose of this Section is to set forth the standards for
the development of the project.
5.2 Ceneral
All facilities shall be constructed in strict accordance with
the Final Development Plan and all applicable State and local
laws, codes, and regulations. Except where specifically noted
or stated otherwise, the standards and specifications of the
current official County Subdivision Regulationl shall apply to
this project.
. :::
.
.%.3
A)
PUD Master.. Deve!opme,t Plan
Exhibit "A", PUD Master Development Plan, iljustrates
the proposed development.
Except for such definitive facilities and demarcations
as'street locations~ Tract bounda=les~ etc., the design
criteria and system design iljustrated on Exhibit "A"
and stated herein shall be understood as flexible so
that the final design may best satisfy the prolect~ the
neighborhood and the general environment.
23
'1 '
C)
All necessar~ easements, dedicatAo~a, or other
strumenta shall be granted to insure the continued
operation and maintenance of all service utllitie~
· and all areas in the project.
5.4 Project Development and Recreational Facilities
The 'proposed development is iljustrated by Exhibit "A". The
proposed construction shall comply with the standards set fort~
and the resulting complete project shall adequately serve its
occupants and members and will not cause a general public
problem. Such measures as the construction of cul-de-sacs
at street ends, screens, signs, landscaping, erosion control
and other similar-in-function facilities shall be taken into
account for the abov° set forth objective.
$.$ ClearJn~f Grading! .Earthworkf and.Site Drainage
All clearing, grading, earthwork and lite drainage work shall
be performed in accordance with all applicable State and local
codes.
The preserve area in the western portion of the project wall
be protected during construction with flagging and posting. The
haul roads will be ldentl£1ed, and the contractor will adhere
to these roads, which wall be stabilized if land traps occur.
24
5.6 Street Construction
All streets will remain private with contr811ed access provided
by a manned gatehouse. All street design and construction shall .
~eet the Collier County standards that are in effect at the time
of approval.
S.? Ea~ements..,,foF, Underground Utilities
Easements for underground utilities such as power, telephone,
TV cable, wastewater collection and transport, water distri-
bution lines and other similar utilities necessary for the
service of the project shall be located as required and granted
for those purposes. Clearing of the easements for installation
of underground utilities shall be selective so as to protect
the maximum number of trees and natural vegetation.
5.8 Wsstewater Collection~ T~ansport and Disposal,
All project areas shall be served by a central wastewater
collection system. Until such time that the site is served
by Collier County Waste-Sewer District, a temporary on-site
system, of approved location, shall serve to provide waste-
water treatment and disposal for the project.
5.9 Water Supply
A central water supply system shall be made available to all
areas of the pro~ect. The water supply source for the prelect
shall be the existing public system or other area-wide systems
013' 32
~ado available to the pro~ect site via Collier County Water-
Sewer District. ..
Individual wells shall not be permitted for potable water
supplies for residential areas, except that on-site central
water treatment facility may bo approved by the Board of County
Co~i~sioners. Fire hydrants shall be installed in accordance
with local fire codes as required.
5.10 Solid Waste Disposal
Arrangements and agreements shall be made with the approved
solid waste disposal service to provide for solid waste collection.,
service to all areas of the project,
5.11 Other Utilities
Telephone, power, and TV cable service shall be made available
'to all residential areas· All such uk~ty lines shall be
installed underground.
5.12 ?raffic
The developer aqrees to pay the costs of a traffic signal system
at the intersection of Xelly Road and the entrance to
Cove at the time such signal system is constructed. At the
o~ beginning o~ land development, additional pavemen~ will be
constructed mlong Xelly Road at the entrance to Fllha~n'l
to provide left turn storage and right turn decleration lanes
for traf£1o entering Fishermans Cove. Costs associated with
this paragraph shall be Included In the ~nded improvement~
when the Pla~ ts re,or,ed. '.-)~
5.13 Roadways
Entrance road west from Kelly Road to intersection with first
Internal street shall be four 1shed.
5.14 Development. Limitations
The development line shall adhere to the upland/wetland boundary
line as.iljustrated on Exhibit 'A'. Selective filling, mod!fl-
cation of the line~s location, and cart path and pedestrian
bridge construction may ultimately be performed wator~ard of the
designated line but only after appropriate documentation and
Justification; Revisions shall be subject to the approval of the
FAC, WNAB, Board of County Commissioners and other appropriate
State and Federal agencies. Trimming and/or grooming of wetland
vegetation will be allowed sub,eot to State guidelines. '
Signs
All signs shall be In accordance with the appropriate Collier
County Ordinances.
5.16 Landscaping for Oil-Street Parking Areas
All landscaping for off-street parking areas shall be In
accordance with the appropriate Collier County Ordinances.
5.17 Parkin~r Stora~er.Or use of Major' ~ecreational.,~ulpmeot:::i:
Major recreational equipment ts herab7 defined as including boats
and boat trailers, hors, trailers, travel trailers, pickup
campers or coaches (designed to be mounted on motorized
motorized dwellings or motor homes, tent trallers~ popout campers,
houseboats, and the ltke~ and cases or boxes used for transporting
recreational equipment, ~hether occupied by such equipment or not.
No ma~or recreational equipment shall be used for living, sleeping,
or housekeeping purposes when parked or stored within the Pro~ect
or In any locatio'n not approved for such use. .~a~or recreational
equipment may be parked or stored only in a completely screened
area and cannot be seen from the exterior o~ the lot or the
adiacen~ multi-~amlly structures~ provided, however, that such
equipment may be parked an2where on residential premises for a
period not to exceed twenty-four (24) hours during loading and
unloading.
5.18 Parkin~ of Commercial Vehicles in Resi~ential Areas
It shall be unlawful to park a commercial vehicle ~lthin the
residential zoned districts unl'esa one of the fo!lo~lng
conditions existt
· he vehicle is engaged in a construction service
operation on the site ~here At is parked. The
vehicle must be removed as soon as the construction
or service ectlvlty has been completed.
2)
Automobiles, vans, pick-up trucks having a rated
load capacity of less than one ton shall be exsmRted
from this Section.
5.29
A)
General Landscape Development Concept
Ob~ecttvet
?o provide an aesthetically pleasing environment for
future residents of this development and the community as
a whole, with minimum disruption of existing
vegetation patterns byt
1)
Establishment of guidelines for maximum
utilization of existing natural features.
2)
M&:ntain preserve area in a natural unaltered
condition.
~)
Native Ve~etative Buffer Area~t
runction~ Provide visual and noise buffer between
building litel, roadways and adjoining propertiel.
Treatment= Vegetation to remain in an unmolested
stats. Ail vehicles and construction equipment to be .:'
prohibited from this ~rea during and following con-
etruction wlt~, the exception of maintenance
C)
S~ec~£1o maintenance program will bo established
to maintain a healthy natural state.
Preservation Areas,
Functiont All areas waterward of the upland/wetland
boundary are considered valuable and unique to the
environment of this development.
Treatmentl Vegetation to remain in an unmolested
state, except for development of pedestrian/cycle
paths and other selected fill or restoration projects
which may bo approved by appropriate county, state
and federal agencies. Vehicles and construction
equipment to be prohibited with the exception of
original construct£on and maintenance equipment.
Selective trimming and grooming is allowed subject
to State guidelines.
Building Sitesl
Function~ Location for structures.
E)
Treat~ontl Retain maximum a~ount of vegetation with
the exception of small areas for stockpiling fill.
Lake Areast
Function, ProvidQ water storage, recreation and
aesthetically pleasing quality for the communit~.
3O
013 37
?reatment~ On completion of conatruct£on; lake
banks will be revegotated with durable grasses
to control erosion.
F)
General Polictes~
runction~ Provide an aesthetically pleasing as
well as functional environment in general,
~reatmentt ~hree classifications fall into th~s
category.
2)
6elect clearing areas~ As a general policy and
as much as practicable selective clearing and
protection of valuable vegetation shall be
applied.
Disturbed areas~ Upon completion of construction,
all disturbed soils located within the Gol£ Course
shall be revege~ated w~th durable grasses to
eliminate water and wind erosion.'
Obnoxious exotico shall be destroyed in accordance
with the applicable County Ordinances.
5.20 Previous Commitments
All previous development conditions agreed'to during tho're-
zoning of Fishermans Cove to Gol£ Course are attached as
lxhibit "C", dated 3uno S, 1980. All are made a part of this
document and have been or will be complied with during develop-
m~nt of thii pro~ect.
5.21 Ceneral Utilities Commitment
Pertaining to water supply and wastewater handling the following
will apply~
All systems shall be coordinated and approved by the
utilities division prior to their installation.
All applicable County ordinances relative to the
dedications, lease back of the utility facilities shall
be complied with.
c~
All applicable County ordinances relative to water and
sewer system development charges she1! bo compiled
with.
All utilities shall be provided to comply with all
applicable regulations.
32
11.
."
vl%h ~lt'j.t. Ln~ernml Itroet.
l~rwlo~er,
~vll~inOt. b~ ra~tricted ~o ~ hibltal,la Cton~.
e~ro'/od by ti~ ~at~ ~rior t~ otat~ Gl pn7 co,~r~,ctton.
any cor:~ L.,:uct
FL'/or to '
~t
~IZ$ ACR~E~£NT entered into this IGth day o£ September, 1980
betveen the ~OARO OF COUNTY CO~ZSSZONERS OF COLLIER COUrlTY,
FLORID& and ~ilSPERI~ PZ~ES, l~C,, a Florida corporation by and
through ire ~derai~ned President. LLOYD ~I1E~I~N, ~isperln~
FLnes~ Inc. by and thtou~ LLOYD S~E;iIAN, Petitioner and A~en:
In~.~ a~rees to the follo~ini sCipulationa and Conditions as a
tend:Cleo o~ the rezonin8 oE the property In the a~oresatg
numbered petition,
1. ~o buildings in ~-1/4, SW-1/4, Sec:ion 14, To.ship 5~
South, RaiSe R5 East, Collier County, Florida, as indicated in
the a~oreaaid rezonln& petition, will be ~re than three habi~gble
floors in height plus one (1) perkins level, said structures not
to exceed ~0' above the finished ~rade, ~ls restriction on th~
buildln~ height in tho a~oreaatd areas is a voluntary n~reemenc,
~:ually satto~nctory to both Collier ~unty and ~tsperin~ Pines,
Inc., and ~hts Agreement was not forced upon the Petitioner,
~topering Pines, Inc. nor w~ pressure exerted upon I~tspertn~
Pines, Inc. to enter into :his Agreement.
Addtcionally and ~urthe~ore l~isperin~ Pines, Inc, lndlcatel
lC has no objection to an~ action of ~llier County to rezone
the a~oresaid described property currently zoned ~-2 to a classificatio~
kno~ as ~-1 or a similar classification in tho future,
,!
'
SECTION TWO] '"
This Ordinance shall become effective upon receipt of notice
that ~t has been filed with the Secretary of State.
DATE] August 25, 1981 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATT~ST..~ ...... . ~, .
. '...' ,e/:'..~,~, This ordinancet~tled with the Secretary o¢
)~)I~IbIAM'j~, Rr~,~h1~, CLERX State's Office the 31st day of August. 198!
· ~l~ ,'/~:'~' , and acknowledgement of that filing received
~~ ~__~/ this 3rd day of September,lgS1.
,,._'. .... '........,~- ue'puty Clerx .
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM ~. REAGAN, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true original
Ordinance No. 81-40
which was adopted by the Board of County Commissioners during Regular
Sess:[on August 25, 1981.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 27th day of August, 1981.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
V1rg~f£a Magrt, I~Oty