Ordinance 2008-15
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ORDINANCE NO. 08-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, OR ITS SUCCESSOR, BY
PROVIDING FOR AN AMENDMENT TO ORDINANCE
NO. 07-34, THE KAICASA RESIDENTIAL PLANNED
UNIT DEVELOPMENT (RPUD) TO CORRECT
SCRIVENERS ERRORS; AND BY PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, on March 27, 2007, the Board of County Commissioners adopted
Ordinance No, 07-34 establishing the Kaicasa RPUD; and
WHEREAS, following said action adopting Ordinance No. 07-34, it was determined
that the Kaicasa RPUD Document, as transmitted to the Department of State, omitted a
provision that was otherwise intended and made part of the public hearing and therefore
constitutes a scrivener's error.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO SUBSECTION 5.6.,
ENTITLED "STORMW A TER MANAGEMENT," OF ORDINANCE
NO. 07-34, THE KAICASA RPUD.
Subsection 5.6., Stormwater Management, of Ordinance No. 07-34, the Kaicasa RPUD,
is hereby amended to read as follows:
5.6. STORMW A TER MANAGEMENT
A. The Kaicasa RPUD conceptual surface water management system is described
in the Water Management Report, which has been included in the RPUD rezone
application materials. Water management infrastructure will be owned,
operated and maintained by the developer until conveyed to the property owner
association.
B. A 100 foot wide drainage and maintenance easement, along the southern
property line to encompass the existing canal and provide maintenance access
along the north bank shall be conveyed to Collier County prior to issuance of
the first CO.
C. Base flood elevation approval shall be obtained from the Federal Emergency
Management Agencv !FEMA) and submitted to the Countv prior to the
approval of anv subsequent final development order, such as site development
plans/construction plans.
Page I of 3
SECTION TWO: SCRIVENER'S ERROR AMENDMENT TO SUBSECTION 5.8.,
ENTITLED "ENVIRONMENTAL," OF ORDINANCE NO. 07-34,
THE KAICASA RPUD.
Subsection 5.8., Environmental, of Ordinance No. 07-34, the Kaicasa RPUD, is hereby
amended to read as follows:
5.8. ENVIRONMENTAL
A. The Kaicasa RPUD shall comply with the guidelines and recommendation of
the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife
Conservation Commission (FWCC) regarding potential impact to protected
species on site. A Habitat management plan for protected species, including
bear and panther, shall be submitted to Environmental Services Staff for review
and approval prior to final construction plan approval.
B. Areas that fulfill the native vegetation retention standards and criteria of the
GMP shall be set aside as preserve areas. All preserve areas shall be identified
as separate tracts and be protected by a permanent conservation easement to
prohibit further development. All preserve areas shall be designated as preserve
tracts on all construction plans and shall be recorded on the plat with protective
covenants per or similar to Section 704.06 of the Florida Statutes. Conservation
easements shall be dedicated on the plat to the Kaicasa homeowner's
association, or like entity, for ownership and maintenance responsibility and to
Collier County with no responsibility for maintenance.
C. The aoolicant shall incoroorate the "Standard Protection Measures for the
Eastern Indigo Snake" (Service 2002) into anv Countv develooment orders
authorizing anv land clearing or construction activities.
D. Compensation for imoacts to wood stork and Florida oanther habitats must be
addressed as oart of the South Florida Water Management District (SFWMD)
Environmental Review Permit (ERP) orocess and the United States Armv Coros
of Engineers (USACE) oermitting process in consultation with the Florida
Wildlife Service orior to site develooment olans/construction plans aooroval.
E. The applicant must include an analvsis of potential water qualitv impacts of the
project during review of the first site development plan or first set of
construction plans. This will be accomplished bv evaluating water qualitv
loadings exoected from the project (post develooment conditions considering
the proposed land uses and stormwater management controls) compared with
water quaIitv loadings of the project area as it exists in its predevelopment
condition. This analvsis shall be performed using methodologies approved by
federal and state water qualitv agencies. Countv review and approval of this
analvsis shall be required prior to construction plans/site development plan
approval.
F. The applicant shall be required to submit a full five-dav wildlife survev at the
time construction plans/site development plan are submitted. The survev must
be less than one vear old at the time of submittal.
G. All preserve areas shall be evaluated at the time construction plans/site
development plans are reviewed to ensure that such areas are consistent with the
Growth Management Plan.
SECTION THREE:
EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
Page 2 of3
PASSED AND DULY ADOPTED by majority vote by the Board of County
Commissioners of Collier County, Florida, this ~5l,1. day of (V'\Cllc.l1.
,2008.
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ATTEST:' '.
DWIOH1:' E. BRO}K:CLERK
By:
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A~ at.,
s 1 glllturt Oft I ·
p~ty Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER C~nY, FL IDA
By: .:J'fJt--
TOM HENNING, CHAIRMAN
Approved as to form
and legal sufficiency:
---rrl1::tfAllifJ\, ~~-tlt.0LtL'';ii
MaIjo M. Student- tiding '.J
Assistant County Attorney
Page 3 of3
Thts ordinance filed with the
Secretary of State's Office the
~ doy of IY\Mclt ,2&z..
ond acknowledgement of thoi
filinR;:ceived this "1"" day
of /r~~~
Y \)I!pu. erk
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2008-15
Which was adopted by the Board of County Commissioners on
the 25th day of March 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th day
of March 2008.
. . r: ~l"
DWIGHT E. BROCK'" 'i", ,
Clerk of Courts and Cl~rk
Ex-officio tQ: Board of "
County Commissionera
~.
By:Martha Verg
Deputy Clerk