Ordinance 89-019 ORDINANCE 89- 19
MI ORDINANCE AMENDING ORDINANCE 82-2 THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE OFFICIAL ZONING
ATLAS MAP NUMBER 49-25-5 BY CHANGING THE
ZONING CLASSIFICATION FROM "RSF-3"
RESIDENTIAL SINGLE-FAMILY TO "GC" GOLF
COURSE ON THE HEREIN DESCRIBED PROPERTY
LOCATED AT THE NORTHEAST QUADRANT OF THE
INTERSECTION OF BURNING TREE DRIVE
.-,i'.AND SOLANA ROAD; SECTION 15, TOWNSHIP 49
:. SOUTH, RANGE 25 EAST, CONTAINING 2.242
~'~_'i' ACRES, MORE OR LESS; AND BY PROVIDING FOR
'AN EFFECTIVE DATE.
WHEREAS, The Country Club of Naples, Inc., represented
Edward J. Thompkins, General Manager, petitioned the Board of
County Commissioners to change the Zoning Classification of the
below described real property;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMmISSIOnERS OF COLLIER COUNTY, FLORIDA:
The zoning classification of the herein after described
real property is changed from "RSF-3" Residential Single-Family
to "GC" Golf Course and the Official Zoning Atlas Map Number
49-25-5, as described in Ordinance 82-2 is hereby amended
accordingly:
See Attached Exhibit "A"
SECTION TWO - EFFECTIVE DATE:
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has been
filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier
of %'~h .
· *' :-~-s-~^.~-~.~ .~- ~ '
' *JAMES C. GILES, Clerk
County, Florida, this 28th day
, 1989.
BOARD OF COUNTY COMMISSIONERS
BY: //e6~,~ / .,-~
BURT L. SAUNDERS, CHAIRMAN
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
MA OZ'E M. STUOENT
AS.ISTANT COUNTY ATTORNEY
R-88-26C ORDINANCE
'l'his c~dlnanc~ filed with
Secmt~ry of ~'s C2fficeJ~_,~
'' . .:'. * OUI3TI IIIJT.
' OR BOOK PAGE
PROPERTY DESCRIPTION
Approximately 20.232 acres located in the Southeast 1/4 of ...
Section 15, Township 49 South, Range 25 East, more particularly
described as Parcel "A" and Parcel "B".
Parcel
-.' ...".:A// t. hat"par~ of Sect/un 15, Tognship 49. South, 'JRange' 25 East, '
· 'Collier .County,' Florida and being a part of Lot '35 of Naples
.... Impr~v,"~nt ~o."S Lit~l'e ~Farms a:cord~ng.'.to the plat thereof as
recorded in Plat Book 2'; Page 2~ CoIli~r t~uunty Public.'Recurds, ..
Collier County, Florida, and being more particularly described as
followsz
commencing at the Southeast corner of said Section 15; thence
South 89"-43'-00" West along said South line 643.75 feet; thence
North 1"-15'-00" East a distance of 15.01 feet to the Point of
Beginning; thence South 89"-43'-00" West a distance of 688.50
.'-feet to the F-asterly Right-of-Way line of 'Burnin~. Tree Drive as
per Plat of Record of Big Cypress Golf & County Club'~Estates a~
"recorded 'at Page 1.03, Plat Book .:],' of the'Public R~cords' of
· ..Collier County, Collier County, Florida; thence along the Easter-.
ly Right-of-Way of said Burning Tree Drive, North 3"-30'-30, East
a distance of 118.33 feet; thence Northeasterly 65.70 feet along
the arc of a curve concave %o the Southeast having a radius of.
460.97 feet and being subtended by a chord which bears North
7"-35'-28" East 65.64 feet, to tile lands described in O.R. Book
228, Page 789 thru 798, Collier County Public Records, Collier
County, Florida; thence along said lands South 58"-33'-12" East
a distance of 81.93 feet! thence North 89"-43'-00" East a dis-
tance of 605.75 feet; thence South 1"-15'-07" East a distance of
140.05 feet; to the Point of Beginning; containing 2.242 acres.
"EXHIBIT A"
035 , 125
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SAM[.,.,.q I'. I;11.[:.% ell
AGREEMENT
I, E.J. Thompkins, as authorized agent for The Country
Club of Naples for Petition R-88-26C, agree to the following
stipulations requested by the Collier County Planning
Commission in their public hearing on March 28, 1989.
Petitioner shall be subject to Ordinance 75-21
[or the tree/vegetation removal ordinance in
existence at the time of permitting], requiring
the acquisition of a tree removal permit prior to
any land clearing. A site clearing plan shall be
submitted to Environmental Resource Management
and the Community Development Division for their
review and subject to their approval prior to any
work on the site. This plan may be submitted in
phases to coincide with the development schedule.
The site clearing plan shall clearly depict how
the final site layout incorporates retained
native vegetation to the maximum extent possible
and how roads, buildings lakes, parking lots, and
other facilities have been oriented to
accommodate this goal.
Native species shall be utilized, as described
below, in the site landscaping plan. A
landscaping plan for all landscaping on the
development shall be submitted to the Planning
Services Section for their review and shall be
subject to their approval. The landscape design
shall incorporate a minimum of 60% native plants,
by number, including trees, shrubs, and ground
cover. At least 60% of the trees, 60% of the
shrubs, and 60% of the groundcover shall be
native species. At the direction of Planning
Services staff a higher percentage of trees or
shrubs can offset an equal percentage of
groundcover. For example, the use of 70% native
trees could allow the use of only 50% native
groundcover. This plan shall depict the
incorporation of native species and their mix
with other species, if any. The goal of site
landscaping shall be the re-creation of native
vegetation and habitat characteristics lost on
the site during construction or due to past
activities.
de
fe
Ail exotic plants, as defined in the County Code,
shall be removed during each phase of
construction from development areas, open space
areas, and preserve areas. Following site
development a maintenance program shall be
implemented to prevent reinvasion of the site by
such exotic species. This plan, which will
describe control techniques and inspection
intervals, shall be filed with and subject to
approval by Environmental Resource Management and
the Community Development Division.
If during the course of site clearing,
excavation, or other constructional activities,
an archaeological or historical site, artifact,
or other indicator is discovered, all development
at that location shall be immediately stopped and
Environmental Resource Management notified.
Development will be suspended for a sufficient
length of time to enable Environmental Resource
Management or a designated consultant to assess
the find and determine the proper course of
action in regard to its salvageability.
Environmental Resource Management will respond to
any such notification in a timely and efficient
manner so as to provide only a minimal
interruption to any constructional activities.
Detailed site grading and drainage plan of the
golf course shall be submitted to Project Review
Services for review prior to construction.
Detailed paving, grading, drainage and water
management plans for any accessory uses
(maintenance facilities, rest facilities, etc.)
shall be submitted for review and approval by
Project Review Services prior to issuance of any
building or construction plans.
~&§h~-e6-wa¥---w&&&--be--.se4--6e~---~eaaway--a.4
R&ve~-E~eRs&eR.
Easement sufficient to provide for the removal or
runoff as currentll, directed from the west in
accordance with the letter from Mr. Pickworth
dated 3/27/89.
2
h®
The parcel shall be platted in accordance with
the subdivision regulations as required.
eewe~--sys%emT--Ne-a~&ewa~eee-w&~&-be--ma4e-~e~-a
eep~e-eys%emT
Any request for a septic tank system shall be
submitted to the CCPHU for review and approval.
The request shall also be reviewed by DER for
apprgval of the disposal method for toxic and
hazardous waste.
Any ma&~%e~a~ee facility containin~ hazardous or
toxic waste shall be located on the east end of
the property to lessen the possibility of impact
on the wells·
Hazardous substances - Facilities that store,
use, handle, or produce hazardous substances
greater than or equal to 110 gallons or 1100 lbs.
per year shall require a County permit. This
permit will require:
1)
2)
3)
4)
5)
Additional construction standards
Ground water monitoring
Annual County inspections
Notification of any release
hazardous materials
Contingency plan
of
The use of on-site sewage disposal facilities
that store, use, produce, or handle hazardous
substances greater than or equal to 110 gallons
or 1100 lbs. per year shall be prohibited.
me
Underground or above ground petroleum storage
systems shall only be allowed with:
1)
2)
Impervious secondary containment
Continuous leak detection system.
Stormwater - New facilities that store, use,
produce, or handle hazardous substances shall be
designed in a manner that would prevent hazardous
materials from coming into contact with
stormwater, ground water, or the ground.
3
qe
Discharges of stormwater into sinkholes shall be
prohibited.
If the maintenance facility is built after the
adoption of the Groundwater Protection Ordinance,
the requirements of that Ordinance shall apply.
The development of any accessory structures shall
require a Site Development Plan (SDP) approval
subject to Section 10.5 of the Zoning Ordinance.
If the SDP is for a maintenance facility the
Environmental Science and Pollution Control
Department shall review the SDP for compliance
with the above listed stipulations and provide
recommendations and conditions as are necessary
for approval.
REPRESENTATIVE~FOR CCPC
OF
~,. ) ,',.'~ ' , ~
"1 ~ \MY COMMISSION
EXPIRES:
SWORN TO AND SUBSCRIBED^BEFORE ME THIS 4th
as to E. J. ThomPkins
April , 1989.
NOTARY Helen A. Sims
DAY
R-88-26C AGREEMENT SHEET
md
4
~ASBET.T., I-I.A~NS, DOYLE & PICK~OR~H, P.~A.
AT'/'ORbf~Y8 AT X.,AW
3174
i81~ 775-28Jl
March 27, 1989
Mr. George Archibald, P.E.
Collier County Public Works Administrator
Collier County Courthouse
Naples, Florida 33962
Dear Mr. Archibald:
This letter is to set forth our understanding as what each
of the parties will do with respect to the current drainage ditch
located along the southern boundary of the property which is the
subject of zoning petition R88-26C. For ease of reference, we
have attached a sketch of the subject property, which shows the
ditch. As can be seen, the ditch is located partially on
property owned by The Country Club of Naples. An examination of
the abstract reveals no easement ever having been granted to
Collier County for this drainage ditch. You have stated that you
believe the ditch has been there for more than 20 years, and also
that the County has maintained the ditch.
Our agreement as reflected in this letter will resolve our
mutual doubts as to the rights of the Country Club of Naples and
the County in this ditch, and will insure that the County will
continue to have the drainage facilities as described in this
letter while at the same time assuring the Country Club of Naples
that it has the full use of its property. In order to accomplish
this, the County and the Country Club of Naples will take the
following action:
1. In conjunction with site clearing and grading work in
advance of construction on the Country Club's property, the
Country Club will excavate and prepare at its expense an
excavation for the installation of drainage pipe. The ditch will
be constructed to grades set by the County. The ditch will
commence at the western end of the property, and will extend
eastward a distance of 344 feet. The excavation will be of a
width and depth as directed by the County, but will extend no
more than 8 feet on to the Country Club's property.
Mr. George Archibald, P.E.
~ji,"~'~March 27, 1989
'Page 2
2. The County will install drainage pipe in the ditch at
the County's expense. Installation will be done promptly so as
not to delay the Country Club's construction of improvements on
its property. The length of pipe will be 344 feet proceeding
easterly from the western end of the ditch. Upon completion of
installation of the drain pipe, the Country Club will backfill
the excavation.
3. The County will install a concrete box from the
existing culverts under Burning Tree Drive to the western end of
the drain pipe.
4. At the eastern end of the drainage pipe, the Country
Club will construct at its expense an open drainage ditch of a
width and depth and to grades as set by the County. The ditch
will be located partly in the right-of-way and partly on the
Country Club's property, but no more than 10 feet of the ditch
will be on the Country Club's property. However, it is the
intent that the ditch will be located as much as possible within
the right-of-way with only the necessary remainder (up to the 10
foot maximum) to be located on the Country Club's property.
5. The Country Club will tie the open ditch in with the
existing open ditch at the east end of the property, as shown on
the attached sketch.
6. For all portions of the above described drainage
system which are located on the Country Club's property, the
Country Club will give the County a perpetual drainage easement.
Very _truly your~T~D
Donald A. ickworth
enclosure
"DAP/hasl001
131
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"~i~. sTATE OF FLORIDA )
~...C0.UNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judictal Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 89-19
which was adopted by the Board of County Commissioners on the
28th day of March, 1989, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 5th
day of April, 1989.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
By: /s/~aureen Kenyon
Deputy Clerk