Ordinance 92-019 ORDINANCE NO. 9Z- ].9
91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING
ATLAS HAP NUMBER 0§2~N BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF BAYSHORE DRIVE AND
THOMASSON DRIVE IN SECTION ~.3, TOWNSHIP
50 SOUTH, R~NGE 25 EAST, COLLIER COUNTY,
FLORIDA, FROM RHF-6 TO RSF-5 FOR
SEVENTY-NINE SINGLE FAMILY LOTS~
PROVIDING FOR STAFF AND PLANNING
COMMISSION STIPULATIONS; AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, David S. Wilkison of Wilkison & Associates, Inc.,
~resenting James P. Lennane, petitioned the Board of County
.oners to change the zoning classification of the herein
real property;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA:
The Zoning Classification of the herein described real property
in Section 23, Township 50 South, Range 25 East, Collier
Florida, is changed from RHF-6 to RSF-5 end the Official Zoning
Hap Number 0523N, as described in Ordinance 91-102, the Collier
Land Development Code, is hereby amended accordingly:
EXHIBIT "A"
the same for which the rezone is hereby approved subject to the
lowing conditions:
EXHIBIT "B"
This Ordinance shall become effective upon receipt of notice from
of State that this Ordinance has been filed with the
of State.
3'22
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' PASSED AND DULY ADOPTED by the Board of County Commissioners of
llier County, Florida, this ~ day of ~~___, 1992.
~ .. "'97' BOARD OF COUNTY COH]4ISSIONERS
' COLlieR COUN~, FLORIDA
'6639
This ordinance flied with the
~S~Z~tory o! S~ta~te.'s ,.Offl,ce.~th,~
and acknow'ec~geme, nt_of ,that
filing, received
O
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BAY$1-1ORE LAKE ESTATES
al Description=
60 and 61, less the West 260.00 feet and the East 5.00
:feet, Lots 62 and 63, less the East 5.0 feet, of Naples
Grove and Truck Company's Little Farms Number 2, as recorded
i:ln Plat Book 1, Page 27, of the Public Records of Collier
Florida
the following described parcel:
.rig at the Northeast corner of Lot 60 of Naples Grove
Truck Company's Little Farms Number 2 recorded in Plat
Book 1, Page 27 of the Public Records of Collier County,
Florida; thence South 89'46'30" West 5.00 feet to the Point
iOf Beginning; thence South 89'46'30" West 272.17 feet alon~
i. the Southerly line of Thomasson Drivel thence South 00
139'45" East 288.06 feet~ thence North 89'46'30" East 272.20
~feet to the Easterly line of Bayshore Drive; thence North
'05" West 288.06 feet along the said line to the Point
Beginning. Containing 33.9 acres of land, more or less.
EXHIBIT "A#
I, David S. Wilkison of Wllkison & Associates, Inc., as authorized
for Petition R-91-11 agrcte to the following stipulations
by the Collier County Planning Commission in their public
on April 16, 1992.
The density of this project shall be limited to three (3} dwelling
units per acre which is consistent with the Density Rating System
of the Growth Management Plan.
The" developer shall provide arterial level street lighting at the
proJQct entrance.
Road'impact fees shall be in accordance with the schedule
contained in Ordinance 85-55, or as it may be amended, and shall
be paid at the time building permits are issued unless otherwise
approved by the Board of County Commissioners.
The project entrance shall be aligned so as to make a full 90
degree intersection with Cottage Grove Avenue.
The project guardhouse shall be placed so as to allow for
uninterrupted traffic flow on Bayshore Drive. The throat length
to the approach shall be a minimum of 100 feet.
The petitioner shall provide an easement along the rear lot lines
of the lots backing up to Bayshore Drive. Said easement shall be
10' in width and shall be for he purpose of re-establishing any
bike path/walkway along Bayshore Drive and/or re-establishing any
drainage swale or structure along Bayshore Drive, should such
re-establishment become necessary in the future due to widening of
Bayshore Drive. The proposed 10' easement would be shown on a
future plan and identified for sidewalk/bike path and/or road
drainage purposes.
The petitioner shall be responsible for providing appropriate turn
lanes at the project entrance. Required improvements which are
site-related as defined in Ordinance 85-55, or as it may be
amended, shall not be applied as credits toward impact fees
required by that ordinance. Such improvements shall be in place
prior to he issuance of any Certificates of Occupancy.
A minimum buffer of 20 feet shall be provided between the
right-of-way lines of Tract A (St. Lucia Way) and Thomasson Drive.
Additionally, a right-of-way/preservation area shall be
EXHIBIT "B"
--1--
,oo, fl5! 325
maintained along the entire Thomasson Drive project frontage for
future right-of-way/preservation purposes as may be required or
appropriate.
The developer shall provide for removal and ultimate discharge of
historic road run-off and drainage from adjacent road corridors.
Such provisions shall include appropriate swale drainage along
Bayshore and Thomasson Drives for the entire project's frontage
along with appropriate swales and easements for the ultimate
outfall thru or around the project to historical wetland areas
located within and west-southwest of the project.
A drainage easement of 10 feet shall be provided along the
project's entire southern property line. This easement is for the
purpose of protecting and preserving the historic drainage from
the project site via the twin cross drains under Bayshore Drive
located about 300 feet north of Republic Drive (about 250 feet
north of the southwest corner of the subject property).
The developer shall provide a fair share contribution.toward the
capital cost of a traffic signal at the intersection of Bayshore
and .Thomasson Drives when deemed warranted by the County. The
signals shall be owned, operated and maintained by the County.
The developer shall commit to re-establish any existing bike
path/sidewalk end,or drainage swale disturbed by his development
activities.
The d~veloper shall improve Bayshore Drive only as far south as
the southerly limit of his entrance drive or the southerly limit
of the transitional area required for any turn lanes into his
development. This would be about 700' south of Thomasson Drive.
The developer and all subsequent landowners are hereby placed on
notice that they are required to satisfy the requirements of all
County ordinances or codes in effect prior to or concurrent with
any subsequent development order relating to his site. This
includes, but is not limited to, Preliminary Subdivision Plats,
Site Development Plans and any other application that will result
in the issuance of a final or final local development order.
The project shall be platted in accordance with Collier County
Land Development Code to define the right-of-way,
lots, and tracts as shown on the preliminary subdivision plat.
Landscaping shall not be placed within the water management areas
unless specifically approved by Project Review Services.
Division 3.2.8.4.14 of the ULDC - Sidewalks: Waive the
requirement of building the sidewalk outside of the right-of-way
for a cul-de-sac subject to building it one foot (1') inside the
right-of-way and providing enough clearing from the road curb.
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Division 3.2.8.4.16.6 of the ULDC - Dead-end Streets= Waive the
~.maximum one thousand foot (1000t) length to a maximum one thousand
one hundred fifty-three feet (1153~) on St. Lucia Way North and a
maximum one thousand one hundred and four feet (1104t) on Cayman
Way.
Division 3.2.8.4.16.9 of the UI~C - Intersections and Street
Waive the minimum fifty foot (50~) tangent to one shown on the PSP
Division 3.2.8.4.16.10 of the ULDC - Reverse Curves: Waive tho
minimum tangent to one shown on the PSP.
Sewage collection and transmission 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.
All customers connecting to the sewage collection facilities to be
constructed will be customers of the County and will be billed by
the County in accordance with the County's established rates.
Prior to final construction plan approval, a letter from the City
of Naples Utilities Division stating that the Division has
reviewed and approved the water facilities construction documents
for service to the project shall be submitted.
For purposes of maintenance and safety, slopes shall not be
steeper than 4=1. Construction plans shall reflect this
requirement.
The Psti~ioner shall include a specific statement and grant an
easement on the final subdivision plat that provides for a
discharge from Bayshore Corners site to this project.
Wetland preserves shall be surveyed, field verified and approved
by Project Review Services - Environmental Staff prior to
construction plan approval and shall be recorded as conservation
easements on the final plat. Protective covenants relating to
said conservation easements shall be according o or similar to
Section 7.04.06, Florida Statutes.
Control structures shall be set using both biological indicators
and engineering data. Petitioner shall provide reasonable
assurance for both the uncontrolled and controlled wetland
preserve areas, that successful restoration, preservation, and/or
enhancement of wetlands will be accomplished and maintained.
A note on the construction plans shall~ indicate that in addition
to any barricading required by County Code,
adequate fluorescent fencing and turbidity screening shall be
placed around the cypress area during infrastructure construction
to ensure that construction traffic/materials do not directly or
indirectly impact the preserve.
Prior to construction plan/plat approval, a letter of no objection
or management plan from Florida Game and Fresh Water Fish
Commission regarding the proposed project as it affects the
southern bald eagle, shall be submitted for review to Project
Review Services - Environmental Staff.
Exotic vegetation, as defined by County Code, shall be removed
from the site using methods approved by County Code. An exotics
maintenance plan shall be submitted to and approved by Project
Review Services - Environmental Staff prior to construction
plan/plat approval. The plan shall indicate methodology,
timetables, and he parties responsible for maintaining the site
exotics - free in perpetuity.
Prior to construction plan/plat approval, a management plan for
the preserves, pursuant to~ier County Land Development Code
Section 3.9.5.3 shall be s~fl~mit~ed., The plan shall include the
entity re spons
~TiTIONER O~
OF ~RIDA
OF CO~I~ ..
ng ~eet w~s a~.nowledged before me this ~ay
19~2 by J)~,o~tu~k~ , who ~s ~rsonally known
produced as
~ntification and who~ (did not) take an oath.
(Wignature of Notary Public)
NOT~Y PUBLIC
gy ¢o~tssion Exp~r~s:
IREPRESENTATIVE FOR CCPC
OF FLORIDA
OF COLLIER
Agreement Sheet was acknowledged beforo me this /.~ day
1992 by ~'~,~ ~, /.. ~J~,,.J , who Is personally known
~ms or who has produced as
and who-~" (did not) take an oath.
} ..
:.?;~., '. (&lgnature Of Notary Public)
· . (Print Name of Notary Public)
.' NOTARY PUBLIC
· My Commission Expires:
6641
OF FLORIDA
OUNTY OF COLLIER
SAMES C. GILES, Clerk of Courts in and for the
Judicial Circuit° Collier County, Florida, do
certify that the foregoing lea true copy of:
Ordinance No. 92-19
which was adopted by the Board of County Commissioners on
the ~4th day of April, 3992, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County° Florida, this 16th
o£ April. 1992.
Deputy Clerk '