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Ordinance 81-40RECF. IVED 3 3'/ WlLLIAN J. REA~'All CLERK O.~ COLLIER C~?~T¥. FLORIOA ORDINANCE AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR TIlE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY A~ENDING TI~E ZONING ATLAS MAP NUMERS 50-25-1 A/~D 50-25-6 BY CHANGING THE ZONING CLASSIFICATION FROM' RM-1, ~'t-iST, RM-2, RM'2ST, GC AND GC-ST TO PUD FOR PROPERTY LOCATED IN SECTIONS 11, 14 AND 23, TOt~NSUIP 50 SOUTft, RANGE 25 EAST FOR PROPERTY KNOT~ AS FIS]IERMAN'S COVE AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Whispering Pines~ Inc.,.has petitioned the Board.of County Commissioners of Collier County, Florida to change the Zoning Classification of the herein described real property; NOt~, THEREFORE B~ IT ORDAXNED by the Board of County Commissioners of Collier County, Florida~ SECTION ONEt The Zoning Classification of tho herein described real property located in Sections 11, 14 and 23, Township 50 South, Range 25 East in Collier Coun.ty, Florida is changed from RM-1, RM-1ST, RM-2, RM-2ST, GC and GC-ST to PUD-Planned Unit Deval- Dpment in accordance with the PUD. Document attached hereto as Exhibit "A" which is lncoporated herein and by reference made a. part hereof. The Official Zoning Atlas Map Numbers 50-25-1 and 50-25-6, as described in Ordinance 76-3), are hereby amended accordingly. RF..CEI¥£D ,! ~OlilER C¢,LI?-Ji T..FLORIDA , A PLANNED UNIT D~'-VELOPM~-NT Whisporlng Pines, Inc. · Suite I - 5600 Tamiami Trail. North · NapXes, Florida 33940 Coastal EngLnear/ng Consultants,' 3502, Radio Road P.O. Box 8308 Naples, Florida 33941 Pro~ect Nu~er e Oune, 1981 80.008 E~HIDXT "A" CONTAXNXNG 38 PAGES Section I - Property Ownership Description Section 2 - Project Development Section 3 - Tracts A & B: Medium Density Multi-Family Residential Development Section 4 - Tract Ct Golf Course Section 5 - Development Standards Exhibit "A"~ PUD Master Development Plan Exhibit "0": .Location Map Exhibit "C": Rezone Stipulations Exhibit "O": ~eight Limltatioh Agreement PROPERTY O~ERSI{IP AND DESCRIPTION 1.1 Purpose The purpose of this Section is to delineate th~ location and ownership of the subject property and to describe the existing con~itioni of the property proposed to bo developed under the project name of Fisherman's Cove. 1.2 Legal Descriptio_.n A tract of land lying in Sections 11, 14 and 23, Township 50 South; Range 25 East; Collier County, Florida, being ~ore particularly described as follows: Co~mencing at the North. qua=tlr corner of Section 14; Township 50 South; Range 25 East~ Collier County, Florida, run S 89'25'40" W along the North line of said Section 14 a distance of 300.00 feet to the True Point of Beginning; thence N 00013'07" W 521.19 feet; thence S 89e34'18" W 314.39 feet; thence S 68004016" W 89?.82 feetr thence S 42e06'21" W 265.25 feet~ thence S 42e04~52" W 421.60 feet to · Point of Curvature; thence 68.47 feet &l~ng tho &re of & curve, concave to the Southealt, having a radius of 50.00 feet and a chord having a length of 63.24 feet and bearing S 02050t59" W to a Point of Reverie Cu~vaturej thence 379.35 feet along the arc of · curve, concave 013 I0 to the Northwest, having a radius of 200.00 feet and a chord having a length o£ 324.94 fcet and bearing S 17e57'27" W to a Point of Tangency= thence S 72e17'43" H 209.97 feet to a Point o£ Curvature/ thence 314.16 feet along the are of a curve, concave to the Northeast having a radl~e of 200.00 feet and a chord having a length of 282.79 feet and bearing N 62e42'17" W to a Point of Revoz~e Curvature= thence 80.27 feet along the ar9 of a curve, concave to the Southwest, having a radius of 50.00 fe~t, and a chord having a length of 71.92 feet and bearing N 63e41~51" W to a Point of Tangency/ thence S 70e18~35" W 116.55 feet to the W~st line of Section 14, being, also, the Eastern limits of the City of Naplea~ thence S 00e09"12" E along said section line a distance of 2034.48 feet to the West quarter corner of Section 14~ thence S 00e12~53" E 2684.71 feet to the Southwest corner of Section 14= thence S 00~14~20" E 1349.11 feet to the Southwest corner of the Northwest quarter of Northwest quarter of Section 23= thence N 89"20~23" E along the South line o£ said Northwest quarter of the Northwest quarter a distance of 1280.83 feet to the Westerly right-of-way line of County Road 858/ thence N 00e37~34" W along said'right-of-way line a distance of 1351.33 feet to the North line of said North- west quarter of the Northwest quarter= thence N 89~14~19" E 19.60 feet to the Westerly right-of-way line of Fern Street= thence N 00~13~25" W along said right-of-way line a distance of 1332.51 feat/ thence N 89e1~16" E 1352.29 feet/ thence N $~'42'0~" E 1295.42 feat.to the Westerly right-of-way line of Killy Road~ the,ca N 00e17'46" W along laid right-of-wa~ line a distance of 333.52 feet! thence S 89'42~44" W 1294.96 feet to the North-South qua=tar section line of Section 14~ thence N 00'13e07." W along laid quarter leCtiOn line a distance of 2329.90 feet! thence S 89e35e14" W 330.45 feet! thence N 00'13t07" W 462.39 feet~ thence N 89e35~11# E 30.47 feet! thence N 00e13t07" W 868.04 feet to the True Point of Beginning. Said tract containing 320.60 acrea. 1.3 .... Property Ownership The subject property is currently under the ownership of Whispering Pines, Inc., Naples, Florida. 1.4 A) Gen~ral Description of P~ope~ty Area The pro~e~t site contains 320.60 acres and located on lands lying within Sections 14 and 23, Township 50 South, Range 25 East. The property la b0unde~ on the north by Haldeman Creek~ on the ~ast by ~elly Road and various East/Welt aide streets and Thomasson Drtve~ on the south by Bayview Park and residential landl~ and on the west by lands within the City el Naples. ~he eu~cent zoning classi£Lcation o~ the property il Gol£ Course, Golf Course-S?, 2, and RM1-ST. Tho property is within the Collier' County Water-Sewer District and Collier County Water Management District Number 6. 1.S P~ysical Description The project is located within Collier County Water Management District Number 6. The site property receives runoff from the east only. Maldeman Creek to the no=th, an existing manmade canal to the south and Naples Bay to the west effectively isolate the property from surrounding areas. Topographic date shows the existing ground to fall from east to west scroll"the site property. Elevations within the project uplands range from +6.0 to +2.0 feetfeet above mean sea level. The ground grades from the higher elevations on the east to the lower ones along the Naples Bay and Haldeman Creek areas. Water management for the proposed project will be the lake retention type. A series of 16 interconnected lakes, scrubber swales and spreader waterways will store and discharge runoff from the lite. Every attempt will be made to design and permit a water management system which will allow re-establishment of the natural hydroperiod through the drainage system. The agronomic IOil leriel foun~ within the project boundar~el include Immokalee fine land (approximately 25 percent)! Arzell fine sand, Broward find sand (shallow phase), St. Lucia fine sand and ~lanton fine sand (approximately 29 percent)'~ Mangrove swamp (approximately 21 percent}~ Pompano fine sand (approximately 13 percent)~ the remainder is spoil areas, cypress swamp and tidal marsh. Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture in March, 1954. Section 2 PR03ECT DEVELOPMENT 2.1 Purpose The purpose of this Section ts to delineate and generally describe the project plan of development, the respective land uses of the tracts included tn the project,as well aa the project criteria for Fisherman's ~ove. 2.2 A) General Regulations for development* of Fisherman's Cove shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the "Collier County Zoning Ordinance'. a) Unless other~else noted, the definitions of all terms shall be the same as the definitions set forth in 'Collier County Zoning Ordinance'. 2.3 A) Project Plan and Land Use Tracts The pro~ect plot plan, including layout and land use of the various tracts, Is iljustrated graphically by Exhibit "A", PUD Master Development Plan. There shall be three (3) land use tracts, 15 °t plus necessary ~reet rights-of-v~y, the general configuration o£ which is also iljustrated by Exhibit "A#. 1) 2) ?tact A & B: Medium density multi-family residential (~) 98.48 acres ?tact C: Golf Course (~) 212.12 (~) 320.60 acres ~) Areas iljustrated as Lakes by Exhibit."A" shall be constructed lakes. Such lakes shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". C) In addition to'the various areas and specific items shown in Exhibit "A", such easements (utility, private, semi-public, etc.} shall be established within or a~on9 the various tracts as may be necessary or deemed desirable for the service function or convenience of the project's Inhabitants. 2.4 Maximum Project D~nsitZ No more than ?49 multllfamily resid~nttal dwelling units shall be constructed in the total pro~ect area. These units ,{ may be located as desired within the boundaries of Tracts A and B. The gross project area is 320.$0 acres· The gross project density, therefore, will be a maximum of 2.34 units per acre· 2.5, Pro~ect Plan Approval Requirements Prior to the recording of the Record Plat, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to insure compliance with the Plan of Development, the County Subdivision Regulations and the platting laws of the State of Florida. Exhibit 'A" - PUD Master Development Plan, constitutes the required PUD Development Plan and the Subdivision Maater Plan. Subsequent to its approval~ the Final Bite Plans and Final Subdivision Plat shall be submitted for approval. 10 Section 3 Tracts A and 9; Medium Densit~ Multi-Famil~ Residential Development 3.1 Purpose The.purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit'"A" as Tracts A and B, Medium Density Multi-Family Residential. 3.2 A} Site Plan ~equirements for Tracts In the event an entire multi-family tract is sold by any owner to a second party for subsequent development by that second party, a master (or site) plan for the entire tract must be submitted by the second party and be 9pproved by tho appropriate Collier County agencies prior to the issuance of building permits. Such master (or site} plan ihall show the proposed lo- cation of all accesl roads, off-street parking areas, recreation facllitiel, landscape plan, other acceslory usel and multi-family residential str~ctures and the distribution of dwelling units among the proposed structures. In the event a multi-family tract le sold By any owner in fractional parts to other parties for subsequent 11 .[ development, the following procedure shall be adhered to~ The O~ner who proposes to fractionalize any tract, shall submit a master plan of property and dwelling unit distribution covering the entire affected multi-family t~act for review and approval by the appropriate Collfer County agencies. Such approval shall be obtained prior to the sale of any fractional part of the affected tract. The master plan of property. and dwelling unit distribution shall include access road size, location, ownership and main- tenance, ~nd the distribution of land and dwelling units. Such distribution of land vs. dwelling units shall be as nearly proportionate as possible. The developer of a fractional part of a development tract must lubmit at the time of application for a building permit, & getalled alia plan for fractional part. Such lite plan shall Ihow the proposed location of all access roads, cfr-street parking areas, recreation facilities, landscape plan, other a~cessory uses and multi-family res- ~dent~.al structures and the d~atr~but~on of dwelling units among the proposed structures. Max[mumDwellln~ Unit~ ~ maximum number of 749 d~ellinq units may be c~nstructed on ?facts A and B. These units may be located or cjustered as des[red over the development Tracts A and B to enable maximum open space and preservation of natural vegetation° 3.4 Uses Permitted No bu[ld£ng or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A) Principal Uses~ I) I~ultl-Famlly Residences. 2) Lakes and water management facilities. 3) Pro~ect ~anagement office and facilities. 4) ManageF*s residence, B) Accessory Uses: 1) Accessory uses and structures, including garages. :' :' 2) Recreational uses and facilities such as boat ramps and small docks, awimming pools, children's plaground areas, driving rangss and practica greens, arc. Such uses shall be visually and fUnctionally compatible with the adjacent residences which have the use of such facilities. 3) Signs as permitted at time of permit application. 4) Model dwelling units shall be permitted in con- Junction with the promotion of the development. Such model units shall bc converted to residences at the end of a two year period unless otherwise specifically approved by the County. 5) Maintenance and utility buildings and facilities. Boat ramps or small docks to allow lake recreation. Re~ulatione 3.5.1 ,Ceneralt All criteria listed belo~ shall be under- 14 3.5.2. a~oo~ to be in relation to the respective tract boundar~ lines or between.buildings. ' Minimum Yards~ The multi-family, "Tracts" included in the project design are not Intended to facilitate traditional criteria for front, side and rear yard setbacks· On the other hand, the following criteria ara herein included so as to preserve the integrity of the pro~ectz A) Setbacks from Coif Course Tract Lines - None. , Setbacks from non-golf course Tract Lines 30 foot or o:,e-half (1/2) the building height whichever is greater. c) Distance between principal structures - 20 feet or one (1/2) the sum of the heights of the adjacent structures whl~heYer is greater. In instances where there shall be structures on opposite sides of the same envelope (or multi-family tract}, and these structurol are separated by a through acceasway~ each atr~cture will be set back from the center of 15 D) '6 the aceessway a minimum 0£ 20 £eat pl~s one- hal£ (1/2) the height o£ the structure, Setbacks from edge of street pavement 30 feet or 1/2 the building height whichever is 3.S.3. Minimum Floor Area~ Each residential unit shall have a minimum floor area of 800 square feet. 3.5.4. ~axtmum..}le.i~ht.: Three (3) floors of living area, with one floor of parking below. See attached September 16, 1980, Agreement, Exhibit D". 3.6 Off-Street Parking Requiremenks~ 3.6.1. Locat/on~ Parking spaces required for buildings within an envelope or tract shall be located within said tract and shall be 'located under the building and outside the building on the same side of the access drive as the building being served. 16 ,! 3.6.2. R~quirements~ One and one half (1 1/2) paved parking npaaaa par res- idential unit pXus Ohm haXf (1/2} parking. {,7 ~ection 4, Tract C 4.1 Purpose The Purpose of this Section ts to set forth the development Plan and. regulations for the areas designated as Tract C, golf course on the PUD Master Development Plan, Exhibit 4.:2 A) Development Plan The primary function and purpose of this Tract will be to provide golf course, club house and recreational facilities. Further, these areas shall provide for the flood relief and drainage of the total project. Except in areas to be used for water impoundment and principal accessory use areas,' all natural trees and other vegetation as practicable shall be protected and preserved. All landscaping and earthwork to be per- formed in the Golf Course shall be of high quality and In keeping with tho primary qoals set for this develop- mont and in accord with the Landscape Plan. 4,3 Uses Permitted No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or In part, for other than the followings 18 A) Principa~ Vses~ .2) Open spaces and outdoor recreation facilities. Lakes and other functional facilities or uses to serve for the flood relief and drainage.of project improved areas. Pedestrian and bicycle paths or other similar facilities constructed. Small buildings0 enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening · and landscaping. Shuffleboard courts~ tennis courts, swimming pools, and other types of facilities Intended for outdoor recreation. ?) On-site eewage treatnmnt plant/facilities Section 4.8 o£ this PUD Document). (see dj Accessory Usest' Clubhouse~ pro-shop, practice driving range and other customary sccesso~y uses of golf courses, or other recreational facilities, Small commercial establishments~ including gift shops, golf eguipment sales~ restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course or other permitted recreational facilities, subject to the provisions of the zoning of Ordinance at the time of building permit application. 3) Boat ramps, docks and related facilities. 4.4 Plan Approval. Requirements Plans for the golf coulee and all other usel shsll be submitted to the Division of Community Development who will review these plans and approve their construction. All construction shall be in accordance with the approved plans and specifications. The perimeter boundaries of such plans shall meet all State and County requirements. 4.5 General Requirements . Overall site design shall be ha~monious in ttms of l) 2O land~caplng~ enclosure of structures~ location of access streetR end parking areas and location and treatment o£ ',i~iiii buffer areas. Buildings shall be set back a minimum of fifty (50) feet from abutting residential structures and the set- back area shall be appropriately landscaped and main- rained to act as a buffer zone. 3) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 4) A site plan shall be provided showing pertinent structure locations. 4.6 Maximum Height Forty (40) feet above finished grade or from the minimum base flood elevation required, by the Flood Elevation Ordinance whichever Is greater. 4.7 Minimum Off-Street Parkinq~ As required by Zoning Ordinance at time of permit application. 4., Special Uses portion o£ Tract 'C' ~ay be used as the temporary location cz '~.~. a sewage treatment plant and oxidation/evaporation pond until a ~unlclpal treatment and collection sMstem is available to serve the pro, oct. At such time as the treatment plant is di"~°n'tinue~ all of T~act "C" shall bo utilized for gol£ course development as provided for by this Section. ~e~tton 5 5.1 Pur~os~ The purpose of this Section is to set forth the standards for the development of the project. 5.2 Ceneral All facilities shall be constructed in strict accordance with the Final Development Plan and all applicable State and local laws, codes, and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the current official County Subdivision Regulationl shall apply to this project. . ::: . .%.3 A) PUD Master.. Deve!opme,t Plan Exhibit "A", PUD Master Development Plan, iljustrates the proposed development. Except for such definitive facilities and demarcations as'street locations~ Tract bounda=les~ etc., the design criteria and system design iljustrated on Exhibit "A" and stated herein shall be understood as flexible so that the final design may best satisfy the prolect~ the neighborhood and the general environment. 23 '1 ' C) All necessar~ easements, dedicatAo~a, or other strumenta shall be granted to insure the continued operation and maintenance of all service utllitie~ · and all areas in the project. 5.4 Project Development and Recreational Facilities The 'proposed development is iljustrated by Exhibit "A". The proposed construction shall comply with the standards set fort~ and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of cul-de-sacs at street ends, screens, signs, landscaping, erosion control and other similar-in-function facilities shall be taken into account for the abov° set forth objective. $.$ ClearJn~f Grading! .Earthworkf and.Site Drainage All clearing, grading, earthwork and lite drainage work shall be performed in accordance with all applicable State and local codes. The preserve area in the western portion of the project wall be protected during construction with flagging and posting. The haul roads will be ldentl£1ed, and the contractor will adhere to these roads, which wall be stabilized if land traps occur. 24 5.6 Street Construction All streets will remain private with contr811ed access provided by a manned gatehouse. All street design and construction shall . ~eet the Collier County standards that are in effect at the time of approval. S.? Ea~ements..,,foF, Underground Utilities Easements for underground utilities such as power, telephone, TV cable, wastewater collection and transport, water distri- bution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing of the easements for installation of underground utilities shall be selective so as to protect the maximum number of trees and natural vegetation. 5.8 Wsstewater Collection~ T~ansport and Disposal, All project areas shall be served by a central wastewater collection system. Until such time that the site is served by Collier County Waste-Sewer District, a temporary on-site system, of approved location, shall serve to provide waste- water treatment and disposal for the project. 5.9 Water Supply A central water supply system shall be made available to all areas of the pro~ect. The water supply source for the prelect shall be the existing public system or other area-wide systems 013' 32 ~ado available to the pro~ect site via Collier County Water- Sewer District. .. Individual wells shall not be permitted for potable water supplies for residential areas, except that on-site central water treatment facility may bo approved by the Board of County Co~i~sioners. Fire hydrants shall be installed in accordance with local fire codes as required. 5.10 Solid Waste Disposal Arrangements and agreements shall be made with the approved solid waste disposal service to provide for solid waste collection., service to all areas of the project, 5.11 Other Utilities Telephone, power, and TV cable service shall be made available 'to all residential areas· All such uk~ty lines shall be installed underground. 5.12 ?raffic The developer aqrees to pay the costs of a traffic signal system at the intersection of Xelly Road and the entrance to Cove at the time such signal system is constructed. At the o~ beginning o~ land development, additional pavemen~ will be constructed mlong Xelly Road at the entrance to Fllha~n'l to provide left turn storage and right turn decleration lanes for traf£1o entering Fishermans Cove. Costs associated with this paragraph shall be Included In the ~nded improvement~ when the Pla~ ts re,or,ed. '.-)~ 5.13 Roadways Entrance road west from Kelly Road to intersection with first Internal street shall be four 1shed. 5.14 Development. Limitations The development line shall adhere to the upland/wetland boundary line as.iljustrated on Exhibit 'A'. Selective filling, mod!fl- cation of the line~s location, and cart path and pedestrian bridge construction may ultimately be performed wator~ard of the designated line but only after appropriate documentation and Justification; Revisions shall be subject to the approval of the FAC, WNAB, Board of County Commissioners and other appropriate State and Federal agencies. Trimming and/or grooming of wetland vegetation will be allowed sub,eot to State guidelines. ' Signs All signs shall be In accordance with the appropriate Collier County Ordinances. 5.16 Landscaping for Oil-Street Parking Areas All landscaping for off-street parking areas shall be In accordance with the appropriate Collier County Ordinances. 5.17 Parkin~r Stora~er.Or use of Major' ~ecreational.,~ulpmeot:::i: Major recreational equipment ts herab7 defined as including boats and boat trailers, hors, trailers, travel trailers, pickup campers or coaches (designed to be mounted on motorized motorized dwellings or motor homes, tent trallers~ popout campers, houseboats, and the ltke~ and cases or boxes used for transporting recreational equipment, ~hether occupied by such equipment or not. No ma~or recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored within the Pro~ect or In any locatio'n not approved for such use. .~a~or recreational equipment may be parked or stored only in a completely screened area and cannot be seen from the exterior o~ the lot or the adiacen~ multi-~amlly structures~ provided, however, that such equipment may be parked an2where on residential premises for a period not to exceed twenty-four (24) hours during loading and unloading. 5.18 Parkin~ of Commercial Vehicles in Resi~ential Areas It shall be unlawful to park a commercial vehicle ~lthin the residential zoned districts unl'esa one of the fo!lo~lng conditions existt · he vehicle is engaged in a construction service operation on the site ~here At is parked. The vehicle must be removed as soon as the construction or service ectlvlty has been completed. 2) Automobiles, vans, pick-up trucks having a rated load capacity of less than one ton shall be exsmRted from this Section. 5.29 A) General Landscape Development Concept Ob~ecttvet ?o provide an aesthetically pleasing environment for future residents of this development and the community as a whole, with minimum disruption of existing vegetation patterns byt 1) Establishment of guidelines for maximum utilization of existing natural features. 2) M&:ntain preserve area in a natural unaltered condition. ~) Native Ve~etative Buffer Area~t runction~ Provide visual and noise buffer between building litel, roadways and adjoining propertiel. Treatment= Vegetation to remain in an unmolested stats. Ail vehicles and construction equipment to be .:' prohibited from this ~rea during and following con- etruction wlt~, the exception of maintenance C) S~ec~£1o maintenance program will bo established to maintain a healthy natural state. Preservation Areas, Functiont All areas waterward of the upland/wetland boundary are considered valuable and unique to the environment of this development. Treatmentl Vegetation to remain in an unmolested state, except for development of pedestrian/cycle paths and other selected fill or restoration projects which may bo approved by appropriate county, state and federal agencies. Vehicles and construction equipment to be prohibited with the exception of original construct£on and maintenance equipment. Selective trimming and grooming is allowed subject to State guidelines. Building Sitesl Function~ Location for structures. E) Treat~ontl Retain maximum a~ount of vegetation with the exception of small areas for stockpiling fill. Lake Areast Function, ProvidQ water storage, recreation and aesthetically pleasing quality for the communit~. 3O 013 37 ?reatment~ On completion of conatruct£on; lake banks will be revegotated with durable grasses to control erosion. F) General Polictes~ runction~ Provide an aesthetically pleasing as well as functional environment in general, ~reatmentt ~hree classifications fall into th~s category. 2) 6elect clearing areas~ As a general policy and as much as practicable selective clearing and protection of valuable vegetation shall be applied. Disturbed areas~ Upon completion of construction, all disturbed soils located within the Gol£ Course shall be revege~ated w~th durable grasses to eliminate water and wind erosion.' Obnoxious exotico shall be destroyed in accordance with the applicable County Ordinances. 5.20 Previous Commitments All previous development conditions agreed'to during tho're- zoning of Fishermans Cove to Gol£ Course are attached as lxhibit "C", dated 3uno S, 1980. All are made a part of this document and have been or will be complied with during develop- m~nt of thii pro~ect. 5.21 Ceneral Utilities Commitment Pertaining to water supply and wastewater handling the following will apply~ All systems shall be coordinated and approved by the utilities division prior to their installation. All applicable County ordinances relative to the dedications, lease back of the utility facilities shall be complied with. c~ All applicable County ordinances relative to water and sewer system development charges she1! bo compiled with. All utilities shall be provided to comply with all applicable regulations. 32 11. ." vl%h ~lt'j.t. Ln~ernml Itroet. l~rwlo~er, ~vll~inOt. b~ ra~tricted ~o ~ hibltal,la Cton~. e~ro'/od by ti~ ~at~ ~rior t~ otat~ Gl pn7 co,~r~,ctton. any cor:~ L.,:uct FL'/or to ' ~t ~IZ$ ACR~E~£NT entered into this IGth day o£ September, 1980 betveen the ~OARO OF COUNTY CO~ZSSZONERS OF COLLIER COUrlTY, FLORID& and ~ilSPERI~ PZ~ES, l~C,, a Florida corporation by and through ire ~derai~ned President. LLOYD ~I1E~I~N, ~isperln~ FLnes~ Inc. by and thtou~ LLOYD S~E;iIAN, Petitioner and A~en: In~.~ a~rees to the follo~ini sCipulationa and Conditions as a tend:Cleo o~ the rezonin8 oE the property In the a~oresatg numbered petition, 1. ~o buildings in ~-1/4, SW-1/4, Sec:ion 14, To.ship 5~ South, RaiSe R5 East, Collier County, Florida, as indicated in the a~oreaaid rezonln& petition, will be ~re than three habi~gble floors in height plus one (1) perkins level, said structures not to exceed ~0' above the finished ~rade, ~ls restriction on th~ buildln~ height in tho a~oreaatd areas is a voluntary n~reemenc, ~:ually satto~nctory to both Collier ~unty and ~tsperin~ Pines, Inc., and ~hts Agreement was not forced upon the Petitioner, ~topering Pines, Inc. nor w~ pressure exerted upon I~tspertn~ Pines, Inc. to enter into :his Agreement. Addtcionally and ~urthe~ore l~isperin~ Pines, Inc, lndlcatel lC has no objection to an~ action of ~llier County to rezone the a~oresaid described property currently zoned ~-2 to a classificatio~ kno~ as ~-1 or a similar classification in tho future, ,! ' SECTION TWO] '" This Ordinance shall become effective upon receipt of notice that ~t has been filed with the Secretary of State. DATE] August 25, 1981 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATT~ST..~ ...... . ~, . . '...' ,e/:'..~,~, This ordinancet~tled with the Secretary o¢ )~)I~IbIAM'j~, Rr~,~h1~, CLERX State's Office the 31st day of August. 198! · ~l~ ,'/~:'~' , and acknowledgement of that filing received ~~ ~__~/ this 3rd day of September,lgS1. ,,._'. .... '........,~- ue'puty Clerx . STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM ~. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original Ordinance No. 81-40 which was adopted by the Board of County Commissioners during Regular Sess:[on August 25, 1981. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of August, 1981. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-officio to Board of County Commissioners V1rg~f£a Magrt, I~Oty