Ordinance 2011-09
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ORDINANCE NO. II - 09
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WHEREAS, on October 24, 2006, the Board of County Commissioners app~ dIllinance
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 06-49, THE NAPLES DAIIifc. ""
NEWS BUSINESS PARK PLANNED UNIT DEVELOPME~~ =-
(BPPUD), BY AMENDING SECTION 2.9 OF 06-49 TO ALLOW',
A CHANGE IN THE PLANT MATERIALS IN TIJE:
LANDSCAPE BUFFER; AND PROVIDING AN EFFECTI~~
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No. 06-49 which established the Naples Daily News Business Park Planned Unit Development
(BPPUD); and
WHEREAS, Bruce Anderson, Esquire of Roetzel and Andress, LPA, representing Scripps
Media, Inc. d/b/a Naples daily News, petitioned the Board of County Commissioners of Collier
County, Florida to amend Ordinance 06-49, the Naples Daily News Business Park Planned Unit
Development
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AMENDMENTS TO SECTION 2.9 OF ORDINANCE 06-49.
2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, benns, fences and walls are generally permitted as a principal use throughout the
Naples Daily News BPPUD. The following standards shall apply:
D The developer will supplement the existing ficus hedge which presently serves as a buffer
between the pfopesea BPPUD and tile- The Estates at Bay Colony DevelepmeHt Veith Ell
live oak trees 12 feet high with a miHimllm Sjlfeaa of Ii fuet at the time ef jllaHtiHg.
.'\dditioHall)' tllese oak trees will Be slIjljllemeHtea witll fiells trees, to tile e),teAt the
CellHt)' will allow the lIse of fiells trees, to ereate aH opafjlle BlIffer. The ae...elsper
agrees to work with the Ba)' CeleA)' Prejlelt)' O.....llers' Golf Club Neighborhood
Association te gaiH COlolRt)' apjlFeval fer tile lIse ef tile tiells trees, Inc. and the Bay
Colony Golf Club. Inc, ("Bay Colony") with eighty (80) Clusia Rosea trees with a size
of at least twenty-five (25) gallon containers to be planted as designated by Bay Colony,
Words stfllel. thraH!;h are deleted; words underlined are added
Naples Daily News \ PL2010-854 Page lof2
The supplementary eak and tiellsClusia Rosea trees will be located in the buffer area at field
selected locations between the Creekside PUD on the east and the point on the west where the buffer
turns south, This distance is approximately eleven hundred (1, I 00) feet.
In the event that the ficus hedge !sand/or Clusia Rosea trees are damaged by a windstorm to the
extent of a reduction in the opaque value of 50% or more, the developer agrees to replaeerestore
by replacement or resetting, whichever is appropriate, any of the EO live oal( trees Clusia
Rosea {installed abe'ie ana iHstall} or reset the ficus trees as Heeessary(existing) within the
eleven hundred (1.100) foot area. with the intent to restore the buffer as close to its pre-
storm condition as reasonably possible considering the availability of tree materials at the time of
the restoration. The replacement or resetting of the trees will be for a total of one hundred
sixtv (160) trees, Whether the restoration will be with Clusia Rosea or ficus trees or
both will be at the discretion of Bay Colonv. Developer shall be relieved of anv further
obligation or responsibilitv to restore the buffer after the initial replacement or resetting
has occurred. After the initial replacement or resetting of the one hundred sixty (160)
trees has occurred. Bav Colony mav. in its sole discretion. replace or reset anv of said
trees,
SECTION TWO: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
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Commissioners of Collier County, Florida, this lL day of --=6pn ,201 L
A TTEST: E.J.~-
DWIGHT E.~O(;K.,tU:RK
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BA~te.t i~~~~: Clerk
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Approved as to form" . .
and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
"~~lL W. (f ,~
FRED W. COYLE ' Chai~
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Steven T. Williams ~p
Assistant County Attorney \ 1 ~ \ \ \
This ordinance filed with the
SetSe,tpry of Stote's Office the
~ay of _#~, ~JJ
end acknowlec]ement ~hot
filin received this ~ d,~y
of Z,QII
CP\ I O-CPS-O I 058\1 0
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Naples Daily News \ PL20 I 0-854 Page 2 of 2
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 and correct
copy of:
ORDINANCE 2011-09
which was adopted by the Board of County Commissioners
on the 12th day of April, 2011, during Regular Session,
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of April, 2011,
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board7f
County commissi2pers';.
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~ Teresa Po]?a)3ki, -. '-~"
Deputy cle?ki~;;;j:~~'