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Ordinance 96-38 ORDINANCE NO. 96- 38 AN ORDINANCE AMENDING ORDINANCE NUMBER {{ RECEIVED 91-102, THE COLLIER COUNTY ~ND Oerk D~E~PMENT CODE WHICH ESTABLISHED THE ~ Board COMPREHENSIVE ZONING REGU~TIONS FOR THE ~INCORPO~TED AREA OF COLLIER COUNTY, F~RIDA, BY ~ENDING THE OFFICIAL ZONING AT~S ~P N~BER 0608N BY CH~GING THE ZONING C~SSIFICATION OF THE HEREIN DESCRIBED PROPERTY ~CATED IN THE SO~HWEST QUADRANT OF THE INTERSE~ION OF COUNTY B~N ROAD ~D DAVIS BOUL~ARD (S R. 84) IN SECTION 8, TOWNSHIP 50 . SO~H, ~NGE 26 EAST, COLLIER CO~TY, F~RIDA, FROM "E" ESTATES TO ~F-6(4) FOR 232 ~LTI-F~ILY RESIDENTIAL UNITS; PROQIDING FOR STAFF ~D P~NNING CO~ISSION STIPU~TIONS; AND BY PROVIDING ~ EFFE~IVE DATE. WHEREAS, Dwight Nadeau of McAnly, Asher and Associates, P.A., representing Wallace R. Devlin, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE~ The Zoning Classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 8, Township 50 South, Range 26 East, Collier County, Florida, is changed from "E" Estates to RMF-6(4) and the Official Zoning Atlas Map Number 0608N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following conditions: PlanninG: 1. Buildings nearest the west property line shall not exceed a height of two stories. Traffic: 1. Arterial level street lighting shall be required at all project access points at the time of their development. 2. The project may have a significant effect on existing signal systems at the adjacent -1- intersection. Accordingly, the petitioner shall be responsible for a fair share contribution toward the installation of upgrading of traffic signal systems at the following locations: County Barn Road/Davis Boulevard County Barn Road/Rattlesnake Hammock Road Any new or upgraded signal systems shall be subject to an engineering study and signal warrant analysis. It shall be the County's sole right to determine the need for any signal system upgrades or new installations. All traffic signal systems shall be owned, operated and maintained by Collier County. 3. Access to Davis Boulevard shall be limited to a right in/right out only. Such access connection shall be subject to obtaining an FDOT connection permit and the donation of compensating right-of- way for any necessary turn lanes pursuant to the provisions of Section 2.7.2.8.1 of the Land Development Code. 4. Access to County Barn Road shall be coordinated with the future four-lane construction. The petitioner may be constrained to less than a full median opening at the project entrance depending on operational and safety conditions. Such determination shall remain solely the County's right and responsibility. Any access point on County Barn Road shall conform to the LDC and the County's Access Management Policy. There shall be no access point located closer than 330' south of S.R. 84 (Davis Boulevard). There shall be no directional median opening closer than 440' south of S.R. 84 and no full median opening closer than 660' south of S.R. 84. 5. The petitioner shall present evidence of a positive drainage outfall. The water management plan shall account for historical sheet flow and roadway drainage presently accommodated. 6. The County will require additional right-of-way for the four-laning of County Barn Road pursuant to the provisions of Section 2.7.2.8.1 of the Land Development Code. The petitioner shall coordinate site plan development with the County's Office of Capital Projects Management such that the County may acquire the necessary land without causing building, setback or circulation deficiencies in the petitioner's site plan. Any right-of-way dedication necessary for the four-laning project shall be eligible for road impact fee credits in accordance with Ordinance 92-22, as amended. Water Manauement: 1. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of Collier County Land Development Code and South Florida Water Management District (SFWMD). 2. A copy of South Florida Water Management District (SFWMD) permit with staff report is required prior to site development plan approval. 3. The developer shall coordinate the design of the project with the Collier County Office of Capital Projects Management staff to ensure the interface with the 4-lane design of County Barn Road which is in progress. Environmental: 1. All conservation areas shall be recorded on the plat or by separate instrument at the time of site development review with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. 2. At the time of submittal of the first Site Development Plan the petitioner shall provide a management plan pursuant to Section 3.9.5.3 of the Land Development Code for the entire preserve area on site and shall indicate a schedule for that plan to go into effect. 1. Work within Collier county right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. 2. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 1. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 2. Water Facilities Looping and Stubs: The on-site water distribution ~ystem to serve the project must be connected to the District's water main consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. 3. Connection to the County Central Sewer System or a Master Pump Station: The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's sewer master plan. 4. Off-site Utilities Improvements: -3- Water The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to ensure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. Sewer The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this 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. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this / ~2e~ day of , 1996. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,, :'T~.~:d ~/,~ BY: .'~ .; ~ C NORRIS ' . ~'.~ "ATTEST':: " ?- DWIGHT E .' BROCK, CLERK : / ' . This ordlno,-~e flied ,,ith 14 :,, , ', S~ret~ of ~tote's Office the {illrig received fh;~ ~R~dRXE N. STODENT o, ~. ~ .... ASSISTANT COUNTY ATTORNEY ' R-96-4 REZONE ORDINANCE/16877 -4- / / EXflIBIT "A" Legal Description: Ingram T~ust. Dan Ruhl. Trustee Davis Boulevzrd and County Barn Rozd 8 50 26 S 1/2 ors 112 of NW il4 oflqn3,: I/4 less R/W OR 331, PG 658, 3 50 26 N I/2 of SW 1/4 of NtVq I/4 of NW !/4, N I/2 of SE 1/4 of .Nx.V I/4 of N%V !/4, NE 1/4 of NW I/4 of NW 1/4, less N 75 ft plus E 50 ft for R/W, 8 50 26 N 1/'2 of SV/I/4 of NW I/4, N I/2 ors I/2 of SW 1/4 of NW 1/4, less RAV TOTAL :57.9 acres. CERTIFICATE s WE HEREBY CERTIFY TO Ms. Cleo Ingra.~ that a BOUNDARY SURVEY o~ part of Section 8, Township SO South, Range 26 East, Collier County, Florida, was completed under direction on September 14, 1987. To the best of our knovledge and belief, this BOUNDARY SURVEY meets the minimum technical st. andards set forth by the Florida Board of Land Surveyors, pursuant to Section 472.027, Florida Statutes, and Chapter 21HH-6, F3. orida Administrative Code. WILSON, MILLER, BARTON, SOLL & PEEK, INC. Reg. Engineers and Land Surveyors P.[,.S. 13934 ' ' NOTEz This Certification is only foc the lands as descr{bed. It is not a certification of title, zoning, easements oc ~reedom of encumbrances. This Certification is not valid unless signed by the surveyor and sealed vith the surveyor's embossed seal. ABSTRACT NOT REVIEWED. GENERAL NOTES: l. DimensiOns are in feet and decimals there6/. 2. Bearings are based on the west line of the norchwes: 1/4 of Section 8, TownShip 50 South II 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: ORDINA};CE NO. 96-38 Which was adopted by the Board of County Commissioners on the 16th day of July, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of July, 1996. DWIGHT E BROCK , Clerk of' Courts and :Ci~:~!i EX-offiCiO tO Board.~f~'." ..~' .~2.,.'.:~'.'.," County Commissioner.~ · "l' "~' ~',,. "' · B ~li H ffma'''~'''' puty Clerk . ~9~.' '-~