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Ordinance 91-020 ORDINANCE 91- 20 APPROXI~TELY X ~/2 MILES WEST OF V~DERBILT DRIVE (CR-901) ON THE EAST SIDE OF LELY B~EFOOT B~CH PUD ~D ON THE WEST SIDE OF LI~LE HICKORY BAY PUD IN SE~ION 6, TO'SHIP 48 SO'H, ~GE 25 ~ST, COLLIER CO~TY, F~RIDA, FROM A-2ST TO RSF-5 FOR RESIDENTIAL SINGL~ FAMILY; PROVIDING FOR STAFF ~D P~NING CO~ISSION. STIP~TIONS; ~D BY PROVIDING ~ EFFE~IVE DATE. ~s, James A. Davis of Coastal Engineering Consultants, Inc., representing Tempustech, Inc., petitioned tha Board of county Co~tssioners to change the zoning classification of ~e herein described real property; NOW, ~FO~ BE IT O~AINED BY THE BO~ OF CO~ CO~ISSION~ OF CO~I~ CO~TY, F~RIDA: Thm Zoning Classification of th~ herein deecrtbed real property located in Section 6, To. ship 48 South, Range 25 ~ast, Collier County, ~lortda, ts changed from A-2ST to RSF-5 and the Official Zoning Atlas Map Nu~er 8506N, as described tn 0rd~nan~e ~-~, ~, hereby ,mend.d .ccordlngly: b,~ and the same for which the rezone is hereby approved subject to the following condition~: This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has buen filed with the Secretary of State. PASSED AND DULY ADOPTED by the Boar~ of County Commissioners of Collier County, Florida, this..'.... 26th day of _February , 1991. BOARD OF COUNTY COMMISSIONERS ~... 'it','," ,~,~ /;F COLLIER CO~TY, ~ORIDA . A~EST: .... ~. ' BY: J~ES C. GTLES,' CLE~ PATRI~IA ~N~ GOODN~GHT, C~EKSON '~PROVED A~,TO FO~ ~D LEGAL SUFFICIENCY ~.........."A-~- ' ~cre~a~ of State's Office .~e~ ASSIST~T CO~Y A~TO~EY ~of~~ ~ ~edgemegt 9f ~t ~-~o-~o ~zo.. o~.~ ,,,___~,.~ . DESCRIPTION OF LANDS SURVEYED South, Range 25 £ast Collier County, Florida more particularly ~escribed as foll~ws: ~ C~mmencing at a railroad spike marking the northeast corner of said '~ 8ecti,~n ~ run ~00'~06'3~"E ·long the ea~t line of said Section ~ a distance of 57.57 feet to a concrete m~nument marking the southerly right-of-way line of Bonita Beach Road; thence S89o22'44"W along said right-of-way line 219.23 feet to an iron pin; thence N89~'OI"W . 1240.~2 feet to the intersection Of ~aid so*ztherly right-of-way line ~nd the Mean Nigh ~tater Line of Little Hickory Bay and the Point of Beginning; thence alond said Mean High Water Line $~2o2~'2~'W 10.40 feet; thence S34°31]'28"H 26.~ feet! thence ~02o21'25"E 55.34 feet; thence s71ooi'25"W 54.24 feet; thence N87o48'OO"W 101.19 feet; thence $~6o10'29"W 22.71 feet; thence S53o31'40"W 10.72 feet; thence s32o41'13"W 30.96 feet; thence S24°44'03"H 32.~9 feet; thence s31o15'14"W 3~.44 feet; ~hence 555°05'54"W 30.35 feet; thence S87o07'20"W 24.24 feet; thence ~157o31'01"W 53.73 feet; thence NSlO2?'2~"W ~7.03 feet; ~hence N54o38'49"W 37.56 feet; thence N70o52'49"W 43.70 f~et; thence N~6°O2'40"W 25.47 feet; thence N48O21'2E"~ 92.21 feet; thence N~1o23'12"E 2~.97 feet; thence NI6o35'59"E 30.35 feet; thence N69o46'42#W ~.76 feet; thence s66o4~'00"~! 14.98 fe~t; thence N44o42'19'W 21.21 feet to the southerly right-of-way line of Bonita ~each ~oad; thence S39o41'41"~ along said right-of-way line ~8~73 feet to a concrete monument; the~ S89°IS'Ol"E 5 ~ 47 ~eet to the Point of ~eginning. '~i The ·boYs demcribes ~n area O~ approxim·~ely 75347 square fe~t · acres o~ land. Based on · Mean High Water elevation of 1,lO N.G.V,D. ~: loc·ted on February 13, 1989. BubJect t~ easements~ reetriction~ and reservations of record. Exhibit "A" AGREEMEN_T I, James A. Davis of coastal Engineering Consultants, Inc., as authorized agent for Petition R-90-30, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on February 7, 1991. 1. Water Mana,ement and Eng£neeri~g: ~ a. This project shall be r~quired to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Detailed pavin~, grading, site drainage and utility plans shall ~e submitted to Pro~ect Review Services for review. No construction permits shall he issued unless and until approval oE the proposed construction in accordance with the submitted plans im ~ranted hy Pro~ect Review Services. c. In accordance with the Rules of the South Florida Water Management District, ~SF~MD) Chapters ~0E~ and ~0E-~O, this project shall he designed for a storm event of ~-day duration and 2~-year return frequency. d. Design and construction of all improvements shall he subject to compliance with the appropriate provisions of the Collier County SuBdivision Regulations. e. Landscaping shall not be placed within the water management areas unless speciElcally approved by Pro, eot Review Services. f. The one way internal road must he properly signed and designed such that the confi~uration discourages a left turn movement from Bonita Beach Road into the i'.~ project's eastern one way access point. 9. This project shall Oe designed for water quality in ~' accordance with South Florida Water Management '~ . District rules. :- h. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 82-91. Exhibit "B" a. Connection to the existing water and sewer facilities within Bonita Beach Road right-of-way is required and must be fully iljustrated on the detailed construction plans and supporting engineering '.~. drawings as to location, siz~ and configuration. !!' b. This project shall be designed and constructed in L compliance with ordinance No. 88-76, as amended. c. Verification of sewage treatment capacity pursuant to Ordinance No. 80-112 to service this project is required and must accompany the final site plan. :~' a. Mangrove fringe shall be surveyed Drier to construction site plan approval and designated as a ? conservation easement with protective covenants i pursuant to Florida Statute 704.06. Con£ervation easement shall extend a minimum of ten (X0) feet ~' landward of top of bank. Additional plantings of _-J~ -' native vegetation is encouraged. .~ ~ b. Mangrove fringe shall be protected from im~':a~..ts '/ during the construction process. Petitioner sha~l ~.zubmit protection plan with conutruction site plan ~ubmittal. c.9~e location of any water management features shall avoid impacts to mangroves. d. Prior to the pre-construction meeting petitioner .?: shall obtain and submit documentation of all ,, necessary local, state and federal permits. e. All cabbage palms and associated protected epiphytes shall be retained or transplanted on site. Petitioner shall address this on site clearing plan. Appropriate tree removal permit fee shall be submitted to Project Review Service:s with submittal. f. No net loss of viable wetlands shall occur due to - -- shoreline hardening str~ctures .(~.g., rip-rap, . ": ~eawalls, etc.). g. Any future proposed boat docks shall be subject to Collier County Project Review Services environmental i'! review, and must be consistent with the Environmental Advisory Council manatee protection guidelines and -2- "" require approval by the Department of Natural ' Resources Institute of Marine Mammal Research, St. . Petersburg, Florida. h. ~e petitioners shall bm subject to all environmental ordinances in effect at the time of development order i';.. approvals. :" i. Approval shall not absolve the applicant from supplying necessary information as required for subsequent site plan approval (i.e. protected species i~~ .ur~eys, etc.). 4. ZransDortation: ~',',~. a. Subject to concurrence of ~he Lee County '~:" Transportation Department, the developer shall .. provide a westbound ].eft turn lan,~ on Bonita beach Road at the project entrance. Upon the four laning of Bonita Beach Road, there shall be no median opening at this location. b. The direction of travel on the one-way street should be revised to avoid a conflict at the access easement to Lot f6.' The pavement width of the one-way street should be limited to discourage two-way use. c. The developer shall provide arterial level street lighting at the project entrance. d. The developer shall provide 25 feet of additional right-of-way along the south side of Bonita Beach Road and shall receive impact fee credits to the extent provided in Ordinance 85-55, as amended. e. Access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. f. The road impact, fee shall be as set forth in Ordinance 85-55, as amended, and shall be paid at the time building permits are issued unless otherwise = =-- approved by the Board of County Commissioners. g. In consideration of pending implementation of Growth Management Regulations and the potential of adjacent roadways not conforming to appropriate service level standards due to the rate of increase of traffic volume~ versus scheduled/funded roadway capacity improvements, the applicant should bu advised that ~;- * future land development activities in the area may be subject to future land use control consistent with the above regulations. ~ h. The driveway from Lot No. 6 shall be permitted with \; thm 180 foot separation from the entrance to the ~ development. i. The driveway to Lot No. 6 shall be a right-in/ · ~i" right-out with no median opening when Bonita Beach Road is four laned. J. The driveway to Lot No. 6 shall be configured so as ~ to preclude the backing of automobiles onto Bonita ?. Beaoh Road. .... k. Lots Nos. 1 and 5 ~hall have no direct access to Bonita Beach Road. ~ 1. The proposed entrance/exit driveways prohibit left turns into and right turns out of the project. Both "i.. locations must be redesigned to allow for all turning ~.~/- ~' ~; movements r~. m. Prior to the issuance of the Certificate **of ? Occupancy, the developer shall provide 25 feet of right-of-way, via Statutory Warranty Deed, to Collier County, a political subdivision of the State of '. Florida, (along the full length of the property's Bonita Beach Road (C.R. 865) frontage) (along the south side of the existing right-of-way of Bonita Beach Road and over the entire length of the property). The obligation to convey the above real property interest shall include obtaining and providing, at the Developer's expense, an ALTA Form B (marketability) title insurance commitment within 'L thirty (30) days of a request to do so by Collier County. Further, the Developer shall coouerate and cause all requirements contained in any such co~mitment to be complied with expeditiously, including but not limited to the release or --- - ~ubordination of all liens or .interests which !i~ encumber or may reasonably interfere with the ~.~ County's use of the real property. The date of said title commitment shall not be more than one hundred twenty (120).,days prior to the date of the recording of the conveyance by the County. Within forty five (45) days of recording the conveyance document, Developer, at its sole expense, shall also cause a final title insurance policy to be issued in favor of Collier County, a political subdivision of the State of Florida, which is in conformance with the County's standard title insurance procedures and guidelines. Said title insurance policy shall be consistent with the previously submitted title insurance commitment. ~ This obligation shall bind the Developer, as well as " run with the land, upon approval of this R-90-30 by the Board of County Commissioners, Collier County. P~-TITI~NEB/ OR AGENT') SWORN TO AND SUBSCRIBED BEFORE ME THIS //- DAY ;'" oF - ~i'.~ ' NOTARY ~',- MY COMMI S SION EXPIRES: :~,~= ~ Wo~. ~. :~. REPRESENTATIVe-'FOR ~CPC ~"" SWORN TO AND SUBSCRIBED BEFORE ME THIS''//~ DAY MY COMMISSION EXPIRES: · ~,'~. .'R-90-30 AGREEMENT SHEET ~ md i ' STATE OF FLORIDA ) ~ COUNTY OF COLLTER ) f{~]t'~J";~'~' ~, JAMES C. GILES, ~lerk of Courts In and for the ~ Twentieth Judicial Circuit, Collier County, Florida, do hereby certify tha~ the foregoing ~s a true copy of: OrdAnance No. 91-20 ': ~ which was adopted by the Board of County Commissioners on ,.~.~, the 26th day of February, 1991, durtn~ Regular Session. -, WIT~IESS my hand and the official seal of the Board of . County Co~lsstoners of Collier County, Florida, th~s <day of March, 1991. ;' JAMES C. G~LES '/ , Clerk of Courts and Clerk Ex-officio to Board of ....~';'.]~ ~:. County~Comm~ssion,rs ,,.,.. . ~yon ~ · Deputy Clerk ,~__/ .. ....,~