Ordinance 99-61 ORDINANCE 99-__~
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NUMBER
81-91, AS AMENDED ESTABLISHING "SUMMERWOOD PLANNED U]NIT
DEVELOPMENT" BY AMENDING THE SCRIVENER'S ERROR ~fN
SECTION THREE: DEVELOPMENT COMMITMENTS, PARAGRAGH 3.7,
RECREATION, OPEN SPACE, BUFFER AREAS & LANDSCAPING,
SUBSECTION B; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES; PROVIDING FOR EFFECTIVE DATE
WHEREAS, the Board of County Commissioners approved Ordinance Number 81-91,
which established the Summerwood Planned Unit Development (PUD); ~d
WHEREAS, the Board of County Commissioners approved Ordinance Number 89-83
amending certain sections of Ordinance Number 81-91 including that which addresses the removal
of exotics within the recreation, open space, and buffer areas; and
WHEREAS, the property owners of Coconut Creek Estates and Developers of
Summerwood PUD agreed to certain concession relating to the development of the project including
maintaining the buffer of exotics located between the two developments; and
WHEREAS, a review of the Board of County Commissioner meeting minutes of the
original PUD adoption hearing revealed that it was the Commissioner's intent to allow an exception
to the exotics removal requirement for buffering purposes; and
WHEREAS, the adopted ordinance did not contain the intended exception to the exotics
removal requirement; and
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida:
SECTION ONE:
Ordinance Number 89-83, Section Three, Development Commitments, Paragraph 3.7,
Recreation, Open Space, Buffer Areas & Landscaping, Subparagraph B shall be amended as follows:
3.7 RECREATION, OPEN SPACE, BUFFER AREAS & LANDSCAPING
A. The project sponsor agrees to provide a minimum of
0.33 acres within the boundary of Summerwood for a neighborhood
park. Additional acreage for recreational facility development may
be needed by the future residents of this project. The land occupied
by the sanitary treatment plant shall be used for private recreational
facility development at the time of and upon connection of the central
collection system to a County or Municipal owned regional system.
B. A natural vegetation buffer area along the west
property line shall be provided as shown on the revised master
development plan. No trees or other ',kan exotics shall be removed
from the buffer area.
C. A ten (10) gallon size wax myrtle hedge shal~:~e
planted along the buffer area on the west property line accord[figl]o
the revised master development plan and the hedge shall be al~wed
to grow to full height.
D. Three (3) gallon size ficus plants shall be plante~th
the irrigation in the four areas as shown on the revised mast_~_~lan'.?
with natural opening in the buffer area as shown on the
master development plan.
SECTION TWO: CONFLICT AND SEVERABILITY
Words s~.:'zk t,hrougk are deleted; words underlined are added.
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In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article" or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
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/9t~; day o~ ,1999.
' ' Depu~Clerk
Attes as Chal an's
Approved as to fo~ and legal sufficiency:
Assistant Coun~ A~omey
BOARD OF COUNTY COMMISSIONERS
OF C~
_\ecretary of~tote's Office the
~[1::. day of ~~-',
and acknowledgement of that
fili~ received this ~day
of _~, ~
Words s~.:zk t?zzug~ are deleted; words underlined are added.
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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. 99-61
Which was adopted by the Board of County Commissioners on the
14th day of September, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 16th day of September,
1999.
DWIGHT E. BROCK
Clerk of Courts and
Ex o~c~o to Board
County Commissioners~
Deputy Clerk