Loading...
Resolution 1991-745 OCTOBER 22 1991 ~ RESOLUTION NO. 91-745 . {JOll'l,148 RELATING TO PETITION NUMBER SMP-91-3 Fe SUBDIVISION MASTER PLAN APPROVAL FOR PARSON'S GREEN 011 PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHIF:EAS, the Legislat.",re of the State of Florida in Chaptec 125, FIe' ,'ida Statutes has:onferred on Collier County, the powel to estal:. ~ish, coordinate h.ld enforce, zoning, bullding, housing and rel,,':ed technical code'" and regulations as ar', necessary for the prot:"ction of the public; and WHI.f:EAS, the County p'Jrsuant thereto has adcp':ed a subdivif,~on Ordinance (Ordinance 76-(-) establish.~_nq such regulati~ns; and WHl,"1EAS, the Collier '~ounty Planning Commis: ion being the duly aplJ<,inted and constit Jted authority for the eview and approval of subdivision master plans, has held a :ublic hearing af':er dl,a notice e.nd has considered the advisabi ,.ty of Subdivision Mast.er Plan approval for the propert)' hereinafter described and has found that satisfact~ry provisj_on and arrange- ment has been made concerning all appl,cable matl:e,s required k',.' said regulation5 and in accordance wit,l Article -, , Section 3, thereof, and ha" recommended approval of said Sundi vision Mast",' P: ._1.0; and WHEREAS, all inter"sted parties have been g,'1en opportunit.; tc be heard by ~his Board in public meeting assembled and the Bll;lrd having cc,nsidered all matters presented. NOW, THERIFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COlJlISSIONERS cl' Collier County, Florida, that the petition fLled by J. Gar,' Butler of Butler Engineering, In"., rf'presenting Er .lcksen Comminities, Inc., with re, >ect to the property herein',.fter described as: See },ttached Legal Description, Exhibit "A" OCTOBER L , 1991 . be and the same for which :he Subdivision Master ,clan is hereby approvec subject to the following conditions: See At~,ached Exhibit "B" BE JT FURTHER RESOLVED that this Resolution Ie recorded in the minu'es of the Board of County Commissioners, . Com" iss ioner Sh=hRr, offer"d the foregoing Resolution and moved for its adoption, seconded by Commissioner I I I, ~ /1 " Ha.qse and upon roll ca'~, the vote was: AYES: ec'TIlssioner Shanahan, Carmf.ssioner Hasse, Carnti.ssit,,-,!I' Volpe, Ccm:ri.:',~ ,oner S&wders and Cannissioner Goodnight NAYS: ABSENT AN') NOT VOTING, ABSTENTION: De'nl~ this day of ;Jnci UCtober , 1991. Dl\rED': 'TjJell<::ber 2" 1991 'MT)!:ST: "U iJ.-,,/, Jl\'[ES C. GIL,ES,,: CLERl< <II' " I~,.~ 4i',~-- ._'-),:~~Q.~. S "{ ,,' " Al~?ROVED AS TO "'ORM AND LI':(j~SUFFIC.IEN :Y: , "4 'H~\~\\" ::nlfi A:fJl' ' In, [,'ti..f..d..ucc M/\ltJOR E M. STU-"ENT AS,;rSTANT COUNT' ATTORNEY BOARD OF COUNTY COMMISSIONERS COL~OUNTY'~FLORIDA , .,~ '..1 BY': A...a... ~..' TR IA ANNE G~D~i IURPERSON PIANNING/lgk/000507 . 000<1'1149 OCTOBER 22, - J91 ....":-. Exhibit "An ~,~TPTION Commer:ing at the Southeast corner of the SW 1/4 of Section 21, Township 48 Scuth, Range 2" East; thence Norther.1y along the East boundary line of~aiJ SW 1/4 40 feet to the Northerly right-of-way line of '~Ith, Avelme North; thence ~' 19'51 '50.W along ,said Northerly boundary l1ne 100 feet to the POINT OF BEGINNINc.,; thence N I '32'lj"W parallel to the Easterly boundary line of said SW 1/4 400 f( t to a point; then<~, N 89051'5()'W parallel to the Southerly boundary ]j,1e of said Sef, ('n 780 feet to a ");nt; thence S I '32'15"E parallel with the Easterly boundary line of s:i SW 1/4400 fee', to a point on Ihe Northedy boundary line of ]llth. Avenue North; th ce S 89'51'50"E along said Nor'ledy boundary line of Illth. Avenue North, 780 feet to I L Point of Beginning, . 000 'J',' 150 ~ OCTOBER 22, 1 ?1 AGREEMENT I, Gary Butler, Butler Engineering, Inc" as authorizec', agent :or Petition SMP-91-3, agree to <,r,e following stipula' .ons requested by the Collier Ce,.:nty Planning coromiss 'In or as otherwise modified by the Colli...", County Board of Corom "sioners at their public h<!arings of Augt:,;': 1, 1991 and August "I, 1991. " I) , 1, Pro Jr to or concurrent with the issuance of any final development order, i' ~luding final plat app','c val whichever first occurs, twenty (20) feet of land acjacent to the exi sting north boundary of lllth Avenue sha, L be dedicated vi& statutory warranty deed, to Coll';r County, a political subdivision of the State of Flori,)" ~t ! Th~ obligation to convey the above real pD .erty interest shc....l include obtaining and providing, at 1.le Developer1s e><I"'nse, an ALTA Form B (marketability) t:' 1< insurance commitment within thirty (30) days of a re'~est to do sc by the County, Further, the Developer shall ~ooperate and cause all requirements contained in any such t::ommitment to be ~omplied with expeditiously, including bJt not limited to the release or spbordination nE all lieI15 or interests which encumber or may reasonal'ly interfel'e with the County's use of the renl property The date of said title commitment shall not b" more than one hundr." twenty (120) days prioe to the date of the reording of L~e conveyance by the Co"ty, Within forty five (45) days of recording the conve. I .lnee document, Developer I at i tE ~;ole expense, shall als,. cause a final title insurance policy to be issued in lavor of Collier County, a politic ,l subdivision of the st"te of Florida, which is in confOl.nance with the County's ;tandarc title insurance procedures and guidelines. Said title insurance policy shall be consistent with the previously submitted title insurance commitment, t . t I f ~ t This obligation shall bind the Developer, 15 well as run with the I. nd, upon approval of Peti~ion SMP-91-3 Parson's Green Sub,[;,vision Master Plan by the Board of County Commission" 'S, Collier County, 2, Prior to cc concurrent with the issuance of any final developmen'. order, including final plat appl wal whichever first oce "rs, a five (5) foot easemen immediately contiguous and north of the twenty (20) foo right-cf-way dedication shall be granted to Collier Coun y a political subdivisioJl of the State of Florida, free of illl liens and encumbrances for pu~poses of locating a sidewalk, EXHIBIT "B" . OOfl 'I" 1.11 OCTOBER 22, 1991 Thl obligation to c<nvey the above real preperty interest sh, II include obtai. ing and providing, at tile Developer's eXI,~nse, an ALTA Fo:-:m B (marketability) t;~,le insurance conunitment' within thirty (30) days of a n:[Uest to do so by \~,he County, Further, the Developer shaL cooperate and ca",;e all requirements contained in any such commitment to be complied with expeditiously, including t"lt not limited to the release or subordinatlon of all lier,,; or interests whic:h encumber or may reasonably interf<,re with the Co~nty's use of the real proper~y. The date of said title con,nitment shall not be more than one hundr~d twenty (120) days prior to the d" te of the recording of t he conveyance by the County, Within forty five (45) da'/: of recording the conveyance docurr.~nt, Developer, at it: sole expense, she ,cl also ca'lse a final title insurance ~olicy to be iss,ued in favor of Collier county, a politi,:. 1 subdivision of the State of Florida, which is in confm !nce with the COL,,',ty I S standard title insurance pi ~ :edures and guLlelines, Said title insurance po: :,:y shall be cor'listent with the previously submitted t 'tle insurance com.'I\i tment. This obligation shall bind the Developer, ~s well as rup with the land, upon approval of Pntition SMP-91-3 Parson's Green Subdivision Xaster Plan ~y the Beard of County commissioners, Collier County, 3, Prior to 'l!: concurrent with t" e issuancE of any final developmen c. order, including fina~ plat apprc/al whichever first occ. 'S, the property owner shall providB funds for, or otherw. 'Ie construct a five (5) foot f ldewalk within said sidew, lk easement pursuant to all Counl r requirements for constr,:tion activities, ~nd be subject ,urther to the approval I l f the Collier county Transportation Services administra ,r as to final location and alignment, 4, Prior to I"r concurrent with the issuance of any final developmen~ order, including final plat approval whichever first OC~lrs. any internal roadway or driveways brou~ht about by cry subsequent development order ;hall first be subject t, the property owner prcrviding funds for, or otherwise constructing right turn lanes at said intersecti\', with 111th Avenue subject further to the approval l' the Collier County Transportation Services administralor,and project Review Services Manager as to design an.[ construction approval anc all other requiremen' n of Collier County, 5, Internal l~adways or driveways shall approved CIS a function of approving Plan or Sitm Development Plan, be li;,ited to those a Subdi~ision Master . 000 PJ\' 152 -2- OCTOBER 2L 1991 6, Prior to or concurrent with the issuance of any final de ,elopment order, including final plat app','oval whichever first occurs, locations of gopher tc~toise burrows (accive, inactive and/or abandoned) shall b. indicated 01, the construction plans and field verified during the cOTlstruction plans approval process, not mo'ce than fifteen (1',) days prior to final plan approval by Collier Coun~1 Pr, 'ject Review Services - Environmental st", f f, Managemen': pl,'ns and/or permit" from Florida Game an.l Fresh Water Fish Commission (it appropriate) shall h, submitted tc Prr. ject Review Services - !::nvironmental SI -Iff for revie" ani approval, Areas of retained native '~etation may serve as potential gopher tortoise reloca. I,on areas, it apolicable, 7, pr or to or concurrent with the issuance of any final de', "lopment order including final plat app ',val whichever ficst occurs, wetlands shall be flagge~, to includ~ Co],J.ier County jur,i.sdictional lines, and shall be fie!:' verified by Collier county Project Reviuw Services Environmental Staff prior to an-:l as part of Construction PIal. approval, Said approved .'etland boundary shall be indicated on Final C~nstruction I:ans, 8, Any proposed mi tiga':ion for in lacts to ':ollier County jurisdictJonal wetlands shall cc lply with ",he ratios anc', requiremer,ts of Appendix 7 of the South Florida Water Managemenl District rules, Mitigation an,as shall b,o surveyed I: ior to Final Construction Plan a"proval and designatec as a conservation easement and or tract witt protectivE covenants pursual~ to Florida st tutes, Chaptel 704,06, 9, Petitioner shall retain or create native habitat areas nc less thaT 18,9% of the entire site acreage including th~ right-of-wbY, Petitioner shall indicate on constructior plans the type of ve'jetation (FLUCS Code) areas and thE, acreage of retained or created native "reas and thr, acreage 01 retaineJ or created native habitats, Natural~: vegetated or native landscape buffers, as required by th. Planningervices Section, may be 'credited towards thE required etained native vegetation, Petitioner shall utilize ~opher tortoise habitat for retained natiVE, habitat ar~as to the maximum extent possibl. 10, Drainage '.ithin the 20 ft, landscape ',lffer/drainage easement ;hall consist only of a conveyan, 1 system, Ne, storage Sh,lll be allowed within the easemenl:, . OOQ"l' 153 -3- JCTOBER22,19',1 11, All customers connecting to the water dis':ribution and se~?ge collection facilities to be constr cted will be customers of the County ~nd will be billed by the County in i ccordance with the county's established -ates, Should the County not be in a position to provide water and/or sew,r service to the project, the water and/or sewer cus ,..,omers shall be customers of the interim utility established to serve the project until th~ :ounty's off- sitn water and/or sewer facilities are aval~~ble to serve the project, 12. The on-site water distribution system to sel'~ the project must., be connected to the District's 12 inc!' ..ater main on the north side of lEth Avenue North consi, :ent with the mai,. sizing requirements specified in the :'>unty's Water Mast:er Plan and extended throughout the pr,'ject, Durinc; design of these facilities, the following f€2ture shall be incorporated into the distribution system: Dead end mains shall pipeline network or cul-de-sac. be eliminated by loopinq the internal providing a hydrant at the end of 13, The utilit.'! construction docum, nts for t'1e project's sewerage "ystem shall be prep, red so t!',: all sewage flowing to t,he County's master pump station i:; transmitted by one (I) ain on-site pump station, Due t~ =he design and confi" .ration of the master pump sta :ion, flow by gravity ir:o the station ""ill not be ',ossible, The Developer" Engineer shall meet with th. County staff prior to (')Jnmencin:; preparation of construction drawings, so that a, c aspects of the sewerage system design can be coordinat~l with the county's sewer master plan, 14, The existing off-site water facilities of the Distr',ct must be evaluated for hydraulic capacity to serve this project ~nd rein~orced as reguired, if necessacy, consistent with the County's Water Master Plan to insure that the D, .trict's water system can hydraulically provide a suffici" It quantity of water to meet the anticipated demands (f the project and the ;'District's existing committed clpacity. 15, The existlng off-site sewage transmissior facilities of the distr;ct must be evaluated for hydraul'c capacity to serve thi" project and improved as required outside the projects boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities, III OOOP~., 154 OC1')oER 22. 1991 16, Det :iled paving, gn:Hng, site drainage and utility plans sh2 'I be submitted':) Project Review Servic'"s for review, No ,:onstruction perm:,,:s shall be; issued unle" s and until apFl:oval of the proposed construction in G ';cordance with th~ submitted plans i3 granted by Project Re liew Services, 17 , Deslgn and sub'ect to the 'Collier construction of all improvements shall compliance with the appropriate provisions County Subdivision Regulations, be of 18, Wor ,,; within req;lirements 82-'11, Collier County ri;ht-of-way shall meet the of Collier County Right-of-Way Ordinance No, 19, WatAr distribution, sewage collection and tl interim water and/or sewage treatment faci:, the project are to be designed, construcl' ow~.d and maintained in accordance with ( Ord,nance No, 88-76, as amended, and ott Co"nty rules and regulations, '1smission and :ies to serve J., conveyed, ilier County " applicable 20, No access shall be afforded from any lot d:cectly on to lllth Avenue, 21, As a function of any subseq1lfmt appli"ation for a development order, for all or lny part of the use of property authorized by the appr' \fal of this development order, al: subsequent petitionee s are hereby placed on notice t"'i,t they shall be r quired tc satisfy the requiremen:s of all County ordinances in €[~ect prior to or concur:"',nt with said subsequent devE,lo;;lJnent order, including Jut not limited to Subdivision 1aster Plans, Constructi,:n Plans prior to final plats, Fir :1 Plats, site Developmen, Plans and any other application that will result i' the issuance of a final or local final developmen; order, ~,~EPTIONS GRANTED TO SUBDIVISION REGULATIONS l, Article X', Section 17G - Street P~vement .idths: Wai,ed to a minrnum of two ten (10) foot lanes subject to demonstrate In by the petitioner through a traffic analysis, lubmitted at the time of construction plan approval, that the total trips of vehicles per day will not exce~1 500, If the traffic impact an~lysis verifies the trips dre less than 500 per day, the inimum width shall be J') feet, Also, the waiver is sbject to the right-of-~'y remaining private, . GOO w 1~)5 -5- OCTOBER 22, J ,91 2. Article XI, Section 10 morllments install< 1 Adn inistrative Code "~le - Monuments: in accordance 21-HH-6, Waived subject to \lith Florida 3, Art;lcle X, section 19 - Street Name Marker,; and Traffic COll1"rol Devices: Waive the requirement fe: street name mar):ers, but traffic cont,,-ol devices sha.ll meet the U,~ D.O,T,F,H,W,A,M,U.T,C,D, 4, ArU,cle X, section 24 - Utility casings: Waived, 5, Article XI, Section 171 - Curb Radii: Wai'", back of curb radii at street intqrsection to a minimum cf thirty feet (30') , 6, Article X, sestion 3 thu~ buffers shall not be yard setback. OF SWOR..'1 TO <<_ r~.' :- Ii ./ N1D SUBSCRIBED BEFORE M~ THIS ,_ - ._.J doL - DAY , 1991. L- .7/,,-.~> NOTARY I ~ /) / !. , ' " /', '~--< I I ....- - -. '-.- SLl,L )!OOli,(~1C 1TAITCf ,,~!C^ NY c:rttJ~ 00; ~. ~.19.n ~ i~ t!9"'-....?.J.. :I~. ~..~. -:;;REJ!!? ~ MY COMlHSSION E> PIRES: CCPC SWO TO AND SUBSCRIBED BEFORE ME THIS 77, IS C,AY ., OJ ,{,.L;~"-:::- l- I/ , 1991. ( ), ,--",' / '" 1f',',7'-' NOTARY /,' , '- \.,;' '.' Ur"'. '/-( ~<.. 7(<' SEAL 'i"'T ,,:<y ?l~.r: STATE t;l Fll:RO... M7! c.:,.~"'UsmcH u;:: ~. 2'2.IWC r.clOl'Jl 1\A: e-.,'f.;l.... ~:5,ltlll, MY COMMISSION E:PIRES: S~!I'-91-3 AGREEMENT SHEET/md -6- . UOO '1" 156