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Ordinance 2000-007 FEB I ECEIVED ORDINANCE NO. 2000- 0 7 AN ORDINANCE AMENDING ORDINANCE N-UMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 06065 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WHITTENBERG ESTATES PUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (S.R. 84), IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 38+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-20, AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Blair A. Foley, P.E. of Coastal Engineering Inc., representing Transeastern Properties, Inc., petitioned the Board of County Commissioners to change the zom~la~fication of the herein described real property; COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 6, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 06065, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby mended accordingly. SECTION TWO: Ordinance Number 99-20, known as the Whittenberg Estates PUD adopted on March 9, 1999 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- ."' DWIGHT E.'BROCK, Clerk : :% . : ..'..,.... _.~ '...~ '. 2 -7 ; Z' :"' '",''"?.-'~ ;;-:'. : ~,l~provcQ TOrm m~ Legal Sufficiency PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~[5~?$1ay of~ 2000. ,ATTEST:,.,,,. BOARD OF COUNTY COMMISSIONERS COLLIER FLORIDA Marjor~ M. Student ' Assistant County Attorney g/admin/PUD-98-17(I)/SM/ts , CHAIRMAN This ordinance filed with the  ta[y of~t::'s Office dayof~Our~ , and acknowl~cl~ement o~[ that fitin~ ~ceixed fids -~ day of-~ ,, -2- WI-HTTENBERG ESTATES A PLANNED UNIT DEVELOPMENT REGULATIONS AND CONCEPTUAL MASTER PLAN GOVERNING DEVELOPMENT OF WHITTENBERG ESTATES A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: WHITTENBERG DEVELOPMENT CORPORATION PREPARED BY: COASTAL ENGINEERING CONSULTANTS, INC. 3106 S. HORSESHOE DRIVE NAPLES, FL 34104 CEC FILE NO. 98.114 October 22, 1999 DATE FILED: DATE REVISED: DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER: Exhibit "A" -'TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI EXHIBIT "A" PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL TRACTS D & E OPEN SPACE TRACTS B & C PRESERVE/CONSERVATION .TRACTS F, G, H & J DEVELOPMENT COMMITMENTS PUD MASTER PLAN STATEMENT OF COMPLIANCE The development of approximately 38.0 acres of property in Collier County, as a Planned Unit Development known as Whittenberg Estates, is in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential, recreational, and other development authorized herein will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan in effect at the time of approval by the Collier County Board of County Commissioners for the following reasons: Residential Project The subject property is within the Urban Residential land use designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Future improvements are planned to be in compliance with all current and applicable land development regulations as set forth in the Growth Management Plan and amendments thereto. The project development results in an efficient and economical extension of community facilities and services as required in Policies 3.I.H and L of the Future Land Use Element. o The project development incorporates a natural system for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The maximum density is 3.0 dwelling units per acre and is in compliance with the Future Land Use Element of the Growth Management Plan which allows a base density of four (4). The project includes extensive open space in the form of a native vegetation preserve to provide a high quality of life for its residents. 1.1 1.2 1.3 1.4 1.5 1.6 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property being developed under the project name of Whittenberg Estates. PROPERTY OWNERSHIP The subject property is currently under the ownership of Bernard Cohen, P.O. Box 600343, North Miami Beach, Florida 33610. LEGAL DESCRIPTION The east one-half of the east one-half of the southeast one quarter, Section 6, Township 50 South, Range 26 East, Collier County, Florida, subject to easements, restrictions, reservations and rights-of-way of record. GENERAL DESCRIPTION OF PROPERTY AREA The project site contains 38.0 acres and is located in lands lying within Section 6, Township 50 South, Range 26 East, Collier County, Florida. The property is bounded on the north by Saxon Manor, on the east by Glen Eagle Golf & Country Club, and on the west by the Whittenberg PUD. PROJECT DESCRIPTION Whittenberg Estates is a proposed residential community. The project will consist of a maximum of I 14 units, recreational pool area and gate home. The project entrance is off Whittenberg Drive from the adjacent PUD, and the internal road system is a two lane dead-end cul-de-sac. The maximum number of dwelling units for the project will be 114 units, resulting in a gross density of 3 units per acre. SHORT TITLE This Ordinance shall be known and cited as the Whittenberg Estates Planned Unit Development Ordinance. l-I 2.1 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances and the respective land uses of the tracts included in the project. 2.2 GENERAL Regulations for development of Whi~tenberg Estates 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 Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these PUD regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Bo Unless other~vise noted, the definitions of all terms shall be the same as the del'tuitions set forth in Collier C. ounty Land Development Code in effect at the time of local final development order or building permit application. The development permitted by the approval of this petition will be subject to review under the applicable provisions of the Land Development Code in effect at the time development permits are requested. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF, THE, PUD MAS ,TER pLAN The PUD Master Plan including layout of streets and uses of land for the various tracts is iljustrated graphically by the PUD Master Plan, Exhibit "A". 2.4 PERMITTED DENSITY No more than the maximum of 114 dwelling units shall be constructed in the total project area. The gross project area is 38.0 acres. The gross project density, therefore, will be a maximum of 3 units per acre. II-i 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to recording the Subdivision Plat, and/or approval of a Condominium Plat, final plans shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Land Development Code and the platting laws of the State of Florida. 2.6 MODEL HOMES AND SALES FACILITIES Model homes/dry model home centers, sales centers and administrative offices shall be permitted in conjunction with the promotion of the development after approval of the preliminary subdivision plat, consistent with the requirements of Section 2.6.33.4 and any other applicable sections of the Land Development Code. 2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.8 ASSOCIATION OF PROPERTY OWNERS FOR CO .MMON AREA MAINTENANCE The land areas and recreation amenities will be under common ownership of all subsequent purchasers of property within said development. The developer has provided the appropriate legal instruments for the establishment of a Master Property Owners' Association whose function includes provisions for the perpetual care and maintenance of those common facilities and open space. This document is known as the "Master Declaration of Covenants, Conditions and Restrictions for Whittenberg Estates", to be recorded in the Public Records of Collier County. il-2 3.1 3.2 3.3 SECTION III RESIDENTIAL TRACTS D & E PURPOSE The purpose of this Section is to idemify specific development standards for areas designated on the PUD Master Plan as residential tracts. MAXIMUM DWELLING UNITS Tracts designated for residential uses shall be developed in accordance with the standards set forth in the Collier County Land Development Code and the development regulations established in this Ordinance provided the total number of dwelling units for the entire Whittenberg Estates PUD does not exceed 114. USES PERMITTED The type of principal use that characterizes the initial development of any platted tract shall be carded throughout the development of that entire tract. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 2. 3. 4. Single Family Detached Multi-Family/Zero Lot Line Recreation Community Facilities (See B.2 below) Duplex B. Accessory Uses: Customary accessory uses and structures, including carports, garages, patios, pools, spas, decks, fences and other accessory uses that are typically associated with similar principal uses per the Land Development Code. Recreational community facilities that serve as an integral part of a residential tract and have been designated, reviewed and approved on a Site Development Plan or Preliminary Subdivision Plat for that development. Recreational facilities may include, but are not limited to a pool building and swimming pool. Small buildings, enclosures, or other structures constructed for purposes of maintenance, service or shelter. Small docks, piers, boardwalks or other such purposes of lake access. III-I facilities constructed for 3.4 DEVELOPMENT STANDARDS TYPE "!" SINGLE- TYPE "II" TYPE "m" PERMITTED USE STANDARDS FAMILY MULTI-FAMILY ZERO LOT LINE/ DETACHED DUPLEX Minimum Land Area Per Dwelling Unit 4500 SF I ACRE 3500 SF°) Min. Site or Lot Width 38 FT 50 leT 38 FT Min. Front Yard Setback, Principal 25 FT1!1 30 leT 25 FT Min. Front Yard Setback, Accessory 10 FT 10 FT 10 FT Min. Side Yard Setback, Principal 5 FT 15 leT 0 leT or a min. of 6 F'I Min. Side Yard Setback Accessory 5 FT 15 FT 0 FT or a min. of 6 FT Side Yard Setback, Walls / Fences 0 FT 0 let 0 let Min, Rear Yard Setback, Principal 20 leT 30 FT 20 FT Min, Rear Yard Setback, Accessory 10 FI' 10 FT 10 FT Max. Building Height 35 FT 40 FT 40 FT Min. Distance Between Principal Structures 1 0 FT 15 FT 12 FT Min. Floor Area/Dwelling Unit 1200 SF 1000 SF 1000 SF NOTE: ,,tH yards and set-backs shah be in relation to the individual parcel boundary except as otherwise provided. (o Each half of Duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area ofT,000 S.F. (2) Where the zero (0) feet yard option is utilized, the opposite side of the structure shall have a six (6) foot side yard. Zero (0) foot yards may be used on either side ora slxucture provided that the opposite six (6) foot side yard is provided. ¢3) Lots fronting a road fight-of-way on multiple, si_des shall be required only one fron.tyard setback_which shall .bp_ on the driveway side. RemaininR yards adjgcen.t t.o _a road right-Of-way sha_!! have a princioal/accessorv yard setba~.k .of 15 t~et. Front yard setbacks shall be measured as follows: (a) (c) (d) If the parcel is served by a public or private right-of-my, setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted private drive, setback is measured from the back of curb, valley gutter or edge of pavement. If the parcel is served by a platted private drive, setback is measured from the road easement or property line. The first dwelling unit constructed in a series of zero lot line developments shall establish the zero lot line side for that tract or series of zero lot line dwellings. 3.5 OFF-STREET PARKING AND LOAD. lNG REQUIREMENTS As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. No recreational or commercial vehicle parking is allowed within residential tracts. Parking within principal structures is permitted. (i.e., garages) III-2 4.1 4.2 4.3 PURPOSE SECTION IV OPEN SPACE TRACTS B & C The purpose of this section is to set forth the development plan and development standards for the areas designated as Tracts 13 & C on the PUD Master Plan, Exhibit "A". The primary function and purpose of these tracts are to provide lake, open space, and recreational facilities. If any vegetation is removed within these tracts, it shall be provided elsewhere within the PUD to maintain the required twenty-five percent (25%) retained native vegetation. 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 following; A. Principal Uses: 1. Lakes, pool building, pool, and tennis courts. 2. Open Spaces/Nature Preserves (Conservation Area). Small docks, boardwalks, or other such facilities constructed for purposes of lake or preserve access. Small buildings, enclosures or other structures constructed for the purpose of maintenance, storage, recreation or shelter with appropriate screening and landscaping. DEVELOPMENT REGULATIONS Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties fi~m direct glare or other interference. A site development plan meeting all of the Development Regulations shall be required in accordance with Section 3.3 of the Land Development Code. Minimum Off-Slxeet Parking and Loading.~ Aa required by Division 2.3 of the Land Development Code in effect at time of building permit application. Principal structures shall be set back a mirfimum of 20' from abutting residential tracts outside this Planned Unit Development. IV-I 5.1 SECTION V PRESERVE/CONSERVATION TRACTS F, G, H & J PURPOSE The purpose of this section is to set forth the development plan and development standards for the areas designated as Tracts F, G, H & J on the PUD Master Plan, Exhibit "A". The primary function and purpose of these tracts is to provide exclusive preserve/conservation A. No development is permitted on these tracts. V-I 6.1 6.2 6.3 6.4 6.5 SECTION VI DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of Whittenberg Estates. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable state and local laws, codes, and regulations applicable to this PUD in effect at the time of local final development order or building permit application. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer and all subsequent landowners are required to satisfy the requirements of all applicable County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site. This includes, but is not limited to, Subdivision Master Plans, Site Development Plans and any other application that will result in the issuance of final local development order or building permit. PUD MASTER PLAN A. Exhibit "A": The PUi) Master Plan reflects the proposed site improvements. Bo All necessary easements, dedications, or other instnmaents have been, or shall be, granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. SCHEDULE OF DEVELOPMENT The proposed start date is January of 1999 with completion targeted for January of 2002. The proposed development is to be built within a single phase with all infrastructure and recreational facilities to serve the entire PUD. The PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. DEVELOPMENT SUBSTITUTIONS FROM STANDARD SUBDIVISION REGULATIONS Substitute Section 3.2.8.4.16.5. of the Land Development Code such that minimum right-of-way easement widths for platted roads with valley gutter or curb and gutter regulations shall be 50 feet. VI-! Substitute Section 3.2.8.3.17.3. of the Land Development Code such that five (5) foot sidewalks shall be provided on one side of the street only. 6.6 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with, or following the construction of, the principal structure except as allowed in the Land Development Code and for the construction site office and related facilities such as Project Administrative Offices and Project Sales Offices. 6.7 SIGNS All signs shall be in accordance with Division 2.5 of the Collier County Land Development Code. 6.8 ENVIRONMENTAL Prior to final site development plan approval, the petitioner shall provide a narrative management plan indicating the manner in which the owner will protect the preserves (upland, wetland and littoral) communities pursuant to Section 3.9.5.3 of the Collier County Land Development Code. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmemal Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners' association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida statutes Section 704.06. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward fi.om the edge of wetland preserves in all places and averaging twenty-five (25) feet fi.om the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. VI-2 This plan shall include the methods and time schedule for removal of exotic vegctstiota within all conscrvation/prcscrvahon areas. Petitioner shall comply with guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (F(~FWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planing Environmental Staff for review and approval prior to final site plan/construction plan approval. 6.9 UTILITIES Water distribution, sewage collection and transmission systems shall be consUucted throughout the project by the developer at no cost to Collier County and thc State of Florida. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements, required by thc County, shall be conveyed to thc County for ownership, operation and maintenance pursuant to Collier County Ordinance No. 88-76, as amended and all State and Federal regulations and adopted policies in effect at the time of conveyance. All potable water and sanitary sewer facilities constructed on private property and not required by the County to be located within County utility easements shall bo owned, operated and maintained by the developer, his assigns or successors. Upon completion of the potable water and sanitary sewer facilities within the project, the facilities shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The abovo task~ shall be completed to the satisfaction of Engineering Review Services prior to placing the facilities, whether County owned or privately owned, into service. Upon completion of construction of the potable water and sanita~ sewer facih'ties and prior to the issuance of Certificates of Occupancy for structures within the project, the utility facilities shall be conveyed to the County, pursuant to Collier County Ordinance No. 88-76, as amended and all regulations in effect at the time conveyance is requested. All construction plans, technical specifications and proposed plats, if applicable,, for thc proposed potable water and sanitary sewer collection and transmission systeme~ whether County owned or privately owned shall be reviewed and approved by En~neering Review Services prior to commencement of construction. All customers connecting to the potable water distribution syste~___ shall bo customers of thc County and shall be billed by thc County in accordance with thc County's established rate. De Ali potable water and sanitary sewer facilities in publicly owned rights-of-way or within dedicated County utility casements within the project's limits edudl mako connection to the County's off-site potable water systems and sanitary sewer facilities including bul not limited to thc following: 6.10 1) Main sewage lift station and properly sized force main interconnecting with the County utility easements necessary. 2) Potable water distribution facilities fi.om the point of connection with the County's potable water facilities to a point of the project's property line. 3) Construction and ownership of the potable water and sanitary sewer facilities shall be in compliance with Collier County Ordinance No. 88-76, as amended, all Federal, State regulations which apply and practices in effect at the time construction approval is requested. 4) Detailed hydraulic design, reports covering potable water and sanitary sewage collection and transmission systems to serve the project shall be submitted with the construction documents. The repons shall list all design assumptions, demand rates and all other factors pertinent to the system under consideration. 5) Certifications of Occupancy for structures constructed within the project shall not be approved by Engineering Review Services until fire flow tests have been conducted on the project's potable water distribution system and the results are found to be acceptable and approved. TRANSPORTATION The developer shall provide arterial level street lighting at the project entrance; such improvements shall be a condition of obtaining the first Certificate of Occupancy. Bo Provisions for 25 feet of drainage easement and five (5) feet of bike/sidewalk easement shall be dedicated as outlined on PUD Sheet Exhibit "A" prior to issuance of the first Certificate of Occupancy. Upon request by appropriate County representatives, Developer shall provide the 25 feet of fight-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 Davis Boulevard (S.R. 84) frontage) along the north side of the existing right-of-way of Davis Boulevard and over the entire length of the property owned. 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 thirty (30) days of a request to do so by the County. Further, the Developer shall cooperate and follow all requirements contained in any commitment with Collier County. 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 Vl..4 6.11 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 mn with the land, upon approval of this PUD amendment petition, PUD-98-17(1 ). The developer, its assigns or successors, shall provide a fair share contribution toward the capital cost of furore bikeways adjoining the project. Access improvements are not subject to impact fee credits and shall be in place before any Certificates of Occupancy are issued. This requirement shall be waived for dry models. Project access and throat length shall be designed in accordance with Collier County Standards. Road impact fees shall be as set forth in Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. All ~affic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. A copy of the SFWMD Surface Water Permit shall be submitted prior to final construction plan approval. An Excavation Permit will be required for the proposed lake in accordance with Division 3.5 of the Collier County LDC and SFW2vID rules. Prior to issuance of the first Certificate of Occupancy, an 80-foot wide Drainage Easement along the entire Davis Blvd. Frontage, including an unencumbered 25- foot wide maintenance access travelway along the north side of the Drainage Easement shall be dedicated to Collier County. Jo In coordinntion with plans for the Lely Branch Cannl, the developer shall excavate a 55-foot top width canal within the 80-foot Drainage Easement with the bottom width, bottom elevation, and side slopes as specified by the County Stormwater Management Department. AR,C ,H~E. OLOGICAL Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. VI-5 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and Judicial Circuit, Collier County, Florida, foregoing is a true copy of: for the Twen~et~%~ ORDINANCE NO. 2000-07 Which was adopted by the Board of County Commissioners do hereby certify ~t ~he__.~ the 25th day of January, 2000, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of January, 2000. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners By: Arlene J. Baker, Deputy Clerk