Ordinance 2001-071ORDINANCE NO. 01- 71
AN ORDINANCE AMENDING ORDINANCE NUMBER 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 MAPS
NUMBERED 8616N AND 8616S; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS THE TERAFINA
PUD LOCATED APPROXIMATELY 1.5 MILES EAST OF 1-75, ONE
MILE NORTH OF IMMOKALEE ROAD (C.R. 846), IN SECTION 16,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 646.5+ ACRES; AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Robert L. Duane, AICP, of Hole Montes, Inc., representing Robert Vocisano and
Angelo Favretto, petitioned the Board of County Commissioners to change the zoning classification of
the herein described real property.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 16, Township
48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD"
Planned Unit Development in accordance with the Terafina PUD Document, attached hereto as Exhibit
"A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8616N and 8616S,
as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby
amended accordingly.
SECTION TWO:
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 2~,a~ day of
.-' ~,-.~ ~ d~
-' ,-;~. ." *Z" ,
7ffTEST:, ' '-
Approved as to Fern
and Legal Sufficiency
ivia~g~6~M, student
Assistant County Attonl~
~ ,2001.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: AME~C~~ --
J ~ TER, Ph. D., CHAIRMAN
This i3rdincmce flied with the
g/admin/PUD-2000-21/RB/im
TERAFINA
A
PLANNED UNIT DEVELOPMENT
PREPARED BY:
HOLE MONTES, INC.
950 ENCORE WAY
NAPLES, FLORIDA 34110
HM PROJECT 1995087
REVISED BY HOLE MONTES ON NOVEMBER 29, 2001
REVISED BY COLLIER COUNTY ON OCTOBER 23, 2001
REVISED AUGUST 9, 2001
REVISED JULY, 2001
REVlSED JUNE, 2001
REVISED FEBRUARY, 2001
DECEMBER, 2000
Date Reviewed by CCPC:
Date Approved by BCC:
Ordinance No.
Amendments & Repeals
EXHIBIT "A"
1
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION VII
SECTION VIII
TABLE OF CONTENTS
Page
Statement of Compliance .................................................................................... 3
Property Ownership, Legal Description, Short Title and
Statement of Unified Control .............................................................................. 4
Statement of Intent and Project Description .......................................... 5
General Development Regulations ..................................................... 6
Preserve Area Requirements .......................................................... 10
Permitted Uses and Dimensional Standards for Residential Development ..... 11
Permitted Uses and Dimensional Standards for Golf Course ..................... 14
Development Commitments ........................................................... 16
EXHIBITS
Exhibit A - PUD Master Plan
Exhibit B - Legal Description
2
SECTION I
STATEMENT OF COMPLIANCE
The development of 646.5 acres of property in Section 16, Township 48 South, Range 26 East
Collier County, Florida, as a Planned Unit Development to be known as the Terafina PUD, will be in
compliance with the goals, objectives, and policies of Collier County as set forth in the Growth
Management Plan. The residential component of the project will be consistent with the growth
policies, land development regulations and applicable comprehensive planning objectives of each of
the elements of the Groxvth Management Plan for the following reasons:
The property is located in the Urban Mixed Use District, Urban Residential Sub-district as
depicted on the Future Land Use Map. The proposed gross density of 1.3 dwelling units per
acre is consistent with the Future Land Use Element of the Collier County Management Plan,
which allows up to four (4) dwelling units per acre at this location or a maximum of 2,586
dwelling units. The total number of dwelling units proposed is eight hundred and fifty (850) on
+ 141 acres proposed for residential use.
The subject property's location in relation to the existing or proposed community facilities and
services supports the development's residential density as required in Objective 2 of the Future
Land Use Element.
3. The proposed development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
4. Improvements are planned to be in compliance with applicable land development regulations as
set forth in Objective 3 of the Future Land Use Element.
5. The proposed development will result in an efficient and economical extension of community
facilities and services as required in Policy 3.1. G of the Future Land Use Element.
o
The project is planned to incorporate natural systems for water management purposes in
accordance with their natural functions and capabilities as required by Objective 1.5 of the
Drainage Sub-Element of the Public Facilities Element.
o
All final development orders for this project are subject to the Collier County Concurrency
Management System. as implemented by the Adequate Public Facilities Ordinance in Division
3.15 of the Land Development Code and further required by policy 2.3 of the Future Land Use
Element.
SECTION II
PROPERTY OWNERSH~, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF
UNIFIED CONTROL
2.1 Property Ownership
Robert Vocisano and Angelo Favretto are co-trustees for the owners of the subject property.
2.2 Legal Description
Section 16, Township 48 South, Range 26 East, Collier County, Florida, and, more
particularly, described in Exhibit "B".
2.3 General Description of Property
The property is located approximately 1.5 miles east of 1-75, and one (1) mile north of
Immokalee Road.
2.4
Physical Description
The subject property is vacant at the time of the application for rezoning. This site currently
drains from the northeast to the southwest. Soil types on the site are (3) Malafar Fine Sand;
(7) Immokalee Fine Sand; (14) Pineda Fine Sand & Limestone Substratum; (21) Boca Fine
Sand; and (25) Boca, Rivieria, Limestone Substratum, and Copeland Fine Sands,
depressional (16) Oldmar Fine Sand (10) Oldsmar Fine Sand Limestone Substratum. The
property is located in Flood Zone X.
The zoning classification prior to the date of approval of this PUD was Agricultural (A).
Short Title
This Ordinance shall be known and cited as the "Terafina Planned Unit Development
Ordinance".
2.5
Statement of Unified Control
This statement represents that the current property owner has lands under unified control for
the purpose of obtaining PUD zoning on the subject property.
4
SECTION
STATEMENT OF INTENT AND PROJECT DESCRIPTION
3.1 Introduction
It is the intent of this Ordinance is to establish a Planned Unit Development meeting the
requirements as set forth in Section 2.2.20 of the Collier County Land Development Code
(LDC). The purpose of this document is to set forth guidelines for the future development of
the project that meet accepted planning principles and practices, and to implement the Collier
County Growth Management Plan.
3.2 Proiect Description
The project contains 646.5 acres and includes land area for residential and golf course
development including preservation areas comprising two hundred and seventy four acres.
Total open space proposed is approximately seventy percent. The maximum number of
dwelling units permitted is eight hundred fifty (850).
Access will be provided from an existing sixty-foot (60') wide easement that is located along
the western property line that provides access to the south to Immokalee Road and future
access for lands located to the north.
3.3 Land Use Plan and Proiect Phasing
Ao
The PUD Master Plan provides for areas of commercial and residential use, water
management areas, and retained vegetation areas and road rights-of-way as depicted
on Exhibit "A". The PUD Master Plan is designed to be flexible with regard to the
placement of buildings, tracts and related utilities and water management facilities.
More specific commitments will be made at the time of Site Development Plan and
permitting approval, based on compliance with all applicable requirements of this
Ordinance, the LDC and local, state and federal permitting requirements. All tracts
may be combined or developed separately subject to compliance with the applicable
dimensional requirements contained within this document.
The anticipated time of build-out of the project is approximately eight (8) years from
the time of issuance of the first building permit, or 2008. However, actual build-out
will depend on market conditions.
SECTION W
GENERAL DEVELOPMENT REGULATIONS
The purpose of this Section is to set forth the development regulations that may be applied generally
to the development of the Terafina Planned Unit Development and Master Plan.
4.1 General
4.2
4.3
The following are general provisions applicable to the PUD Master Plan:
Ao
Regulations for development of the Terafina PUD shall be in accordance with the
contents of this document, the PUD Planned Unit Development District and other
applicable sections and parts of the LDC and the Collier County Growth
Management Plan in effect at the time of issuance of any development order to which
said regulations relate which authorizes the construction of improvements. The
developer, his successor or assignee, agree to follow the PUD Master Plan and the
regulations of this PUD as adopted and any other conditions or modifications as may
be agreed to in the rezoning of the property. In addition, any successor in title or
assignee is subject to the commitments within this agreement.
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of building permit application.
All conditions imposed and all graphic material presented depicting restrictions for
the development of the Terafina PUD shall become part of the regulations that
govern the manner in which this site may be developed.
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, of the LDC at the earliest or next to occur of either final SDP approval,
final plat approval, or building permit issuance applicable to this development.
Eo
Unless specifically waived through any variance or waiver provisions of any other
applicable regulations, the provisions of those regulations not otherwise provided for
within this PUD remain in full force and effect.
Site Cleating and Drainage
Clearing, grading, earthwork, and site drainage work shall be performed in accordance with
the Collier County LDC and the standards and commitments of this document in effect at the
time of construction plan approval.
Easements for Utilities
Easements, where required, shall be provided for water management areas, utilities and other
purposes as may be required by Collier County. All necessary easements, dedications or
other instruments shall be granted to ensure the continued operation and maintenance of all
services and utilities. This will be in compliance with the applicable regulations in effect at
6
the time construction plans and plat approvals are requested. Easements dedicated to Collier
County shall be counted toward the County's open space and the retention of native
vegetation requirements.
4.4 Amendments to the Ordinance
The proposed PUD Master Plan is conceptual in nature and subject to change within the
context of the development standards contained in this Ordinance.
Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section
2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested.
4.5 Project Plan Approval Requirements
Exhibit "A", the PUD Master Plan, constitutes the required PUD development plan.
Subsequent to, or concurrent with PUD approval, a preliminary subdivision plat (if required)
shall be submitted for the entire area covered by the PUD Master Plan. All division of
property and the development of the land shall be in compliance with the subdivision
regulations set forth in Section 3.2 of the LDC.
Prior to the recording of the final subdivision plat, when required by the subdivision
regulations set forth in Section 3.2 of the LDC, final plans of the required improvements
shall receive the approval of all appropriate Collier County governmental agencies to ensure
compliance with the PUD Master Plan, the County subdivision regulations and the platting
laws of the State of Florida.
Prior to the issuance of a building permit or other development order, the provisions of
Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable.
Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all
tracts as shown on the PUD Master Plan.
4.6 Provision for Offsite Removal of Earthen Material
The excavation of earthen material and its stockpiling in preparation of water management
facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of
fill activities on buildable portions of the project site, there is a surplus of earthen material,
offsite disposal is also hereby permitted subject to the following conditions:
Excavation activities shall comply with the definition ora "development excavation"
pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed
ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic
yards.
A timetable to facilitate said removal shall be submitted to the Development Services
Director for approval. Said timetable shall include the length of time it will take to
complete said removal, hours of operation and haul routes.
C. All other provisions of Section 3.5 of the LDC are applicable.
4.7 Sunset and Monitoring Provisions
4.8
4.9
4.10
4.11
4.12
The Terafina PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved
PUD Master Plans and Section 2.7.3.6, Monitoring Requirements.
Polling Places
Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier County
Land Development Code.
Native Vegetation
The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and
Preservation of the LDC for the subject property. The preserve areas depicted on the PUD
Master Plan comprise a total of 274.5 acres or forty-two (42) percent of the total site area and
far exceed the minimum preservation area requirement of twenty-five (25) percent.
Open Space
In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space
will be allocated within each subsequent development area. Open space may be in the form
of landscaping, additional buffers, passive or active recreation areas and water management
facilities. The total aggregate of such open space areas shall meet or exceed the open space
requirements of Section 2.6.32 of the LDC.
Archaeological Resources
The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological
resources in the event such resources are contained on the property.
Common Area Maintenance
4.13
4.14
Common area maintenance, including the maintenance of common facilities, open spaces,
and water management facilities, shall be the responsibility of a homeowners' association to
be established by the developer.
Architectural and Site Design Standards
Development of commercial uses shall meet the requirements of Division 2.8 of the LDC.
Signage
All signage shall be in accordance with Section 2.5 of the Collier County Land Development
Code, as applicable.
4.15
Off Street Parking and Loading
All off street parking and loading facilities shall be in accordance with Division 2.3 of the
4.16
4.17
Collier County Land Development Code.
Landscaping
All landscaping shall be in accordance with the requirements of Division 2.4 of the Collier
County Land Development Code.
Work Force Housing
The owner of the subject property agrees to provide to Collier County at no cost up to 1,736
dwelling units which is the difference between the maximum number of dwelling units
permitted by the Collier County Growth Management Plan and the 850 dwelling units
authorized by the Terafina PUD for the purpose of assisting the County's work force housing
program. Those dwelling units shall be transferred to other locations under any terms and
conditions the County deems necessary to achieve the goals of the work force housing
program.
5.1
5.2
SECTION V
PRESERVE AREA REQUIREMENTS
PURPOSE
The purpose of this Section is to identify development standards for the Preserve Areas as
shown on Exhibit "A", PUD Master Plan.
PERMITTED USES
The PUD Master Plan provides for 274.35 acres for upland and wetland preserve areas or
forty two (42) per cent of the total site area. Minor adjustments may be made to the
boundaries of preserve areas based on wetland permitting considerations.
No building, structure or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following structures:
A. Permitted Principal Uses and Structures:
1. Passive recreation areas.
2. Biking, hiking, and nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
5. Supplemental landscape planting, screening and buffering within the
Preserve Areas, after the appropriate environmental review.
B. Any other use deemed comparable in nature by the Development Services
Director.
l0
SECTION VI
6.1
PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL
DEVELOPMENT
Purpose
The purpose of this Section is to identify permitted uses and development standards for areas
within the Terafina PUD designated for residential development on the PUD Master Plan,
Exhibit "A".
6.2
6.3
Maximum Dwelling Units
A maximum of eight hundred and fifty (850) dwelling units is permitted on areas designated
"R" on the PUD Master Plan. Dwelling units may be single or multifamily. Guesthouses
which are a permitted accessory use will be deducted from the total number of dwelling units
permitted.
General Description
The PUD Master Plan designates the following uses for the general use designations on said
Master Plan.
AREA
± ACRES ± PERCENTAGE
1. Residential 141.00 21.8
2. Lakes 56.08 8.7
3. Golf Course 126.76 19.6
4. Preserve Area 274.35 42.4
5. Club House Area 7.00 1.1
6. Maintenance Facility 1.80 .3
7. Right-of-way 39.50 6.1
646.49 100
The total open space area is seventy-one (71%) percent and comprises golf course, preserve,
lake and buffer areas.
The approximate acreage of the residential areas is depicted on the PUD Master Plan. Actual
acreage of all development tracts will be provided at the time of site development plan or
final subdivision plat approval in accordance with Article 3, Division 3.3, and Division 3.2,
respectively, of the Collier County Land Development Code. Residential areas are designed
to accommodate internal roadways, open spaces, recreational amenity areas, water
management facilities, and other similar uses typically found in residential areas.
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6.4 Permitted Uses and Structures
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.
5.
6.
Single family detached dwellings
Zero-lot line dwellings
Two-family and duplex dwellings
Single family attached and townhouse dwellings
Multi-family dwellings, including garden apartments
Any other housing type which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible with residential uses.
B. Accessory Uses and Structures
Accessory uses and structures customarily associated with principal
residential uses permitted in this District, including recreational facilities,
maintenance facilities, a clubhouse, and guesthouses on lots greater than one
(1) acre, not to exceed forty (40) percent of the size of the principle structure.
6.5 Development Standards
TABLE 1
DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS
PERMITTED USES SINGLE ZERO TWO SINGLE MULTI-
AND STANDARDS FAMILY LOT FAMILY FAMILY FAMILY
DETACHED LINE & ATTACHED DWELLING
DUPLEX AND
TOWNHOUSE
Minimum Lot Areas 6,000 S.F. 3,500 S.F. 3,500 3,000 S.F. per 1 AC
S.F.(x) d.u.
Minimum Lot Width (2) 50 35 45 30 100
Front Yard 20® 15 15 20 20
Side Yard (3) 6.0 0 or 12(3) 0 or 6 0 or 12(3) 0 or .5 BH
Rear Yard Principal 20 20 20 20 25
Rear Yard Accessory 10 10 10 10 10
Maximum Building 35 35 35 35 35
Height
Distance Between N/A N/A N/A 10 .5 BH
Structures
Floor Area Min. (SF) 1600 1400 1200 1200' 1200
All distances are in feet unles~ otherwise noted.
BH = Building Height
12
Notes
Each halfofa duplex unit requires a lot area allocation of thirty-five hundred (3,500)
square feet for a total minimum lot area of seven thousand (7,000) square feet.
Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots
located on curvilinear streets provided the minimum lot area is still maintained.
Where the zero (0) foot yard option is utilized, the opposite side of the structure shall
have a twelve (12) foot sideyard.
Single-family dwellings, which provide for two (2) parking spaces within an enclosed
garage and provide for guest parking other than private driveways may reduce front
yard requirements to five (5) feet for the garage and fifteen (15) feet for the
remaining structures. Side entry garage setbacks maybe reduced to twelve (12) feet.
Ao
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Guest suites in the clubhouse area shall be a minimum of six hundred (600) square feet in
area. See also Section VII.
Building height shall be the vertical distance from the first finished floor to the highest point
of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the
mean height level between eaves and ridge of gable, hip and gambrel roofs. Accessory
buildings shall be limited to twenty-five (25) feet above grade.
Development of individual tracts has not been finalized at the time ofrezoning with respect
to the particular type of residential dwellings. The location and mixture thereof, will be
based upon the following factors as are deemed appropriate by the Development Services
Director for the harmonious development of each tract with a minimum of interference
between different housing types based on the following criteria.
1. Physical separation of housing types into discrete areas.
2. Landscape or constructed barriers between different housing types meeting at a
minimum the standards of Division 2.4, Landscaping of the Collier County Land
Development Code.
3. Separation of housing types by common amenities.
13
7.1
7.2
SECTION VII
PERMITTED USES AND DIMENSIONAL STANDARDS FOR GOLF COURSE
Purpose
The purpose of this Section is to set forth regulations for the area designated as Golf Course
on the PUD Master Plan.
Permitted Uses and Structures
No building or structure, or part thereof, may be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
2.
3.
4.
Golf Course
Golf clubhouse and country club
Water management facilities
Guest suites
B. Permitted Accessory Uses and Structures
o
Pro-shop, practice driving range, and other customary accessory uses for golf
courses or other recreational facilities.
Small commercial establishments, including gift shops, golf equipment sales,
restaurants, cocktail lounges, and similar uses intended to exclusively serve
patrons of the golf and country club or other permitted recreational facilities.
Shuffleboard courts, swimming pools, and other types of facilities intended
for recreation.
Tennis and other racquet sports courts.
Maintenance shops and equipment storage.
Non-commercial plant nursery.
C. General Requirements
o
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.
Buildings shall be set back a minimum of rift3, ('50) feet fi.om abutting
residential districts and twenty-five (25) feet fi.om tract boundaries and the
setback areas shall be landscaped and maintained to act as a buffer zone.
Lighting facilities shall be arranged in a manner, which will protect roadways
and neighboring property from direct glare or other interference.
Maximum height shall be fifty-feet (50') above the finished grade of the lot.
14
The off-street parking will be as required by the Collier County Land
Development Code.
Landscaping shall be provided as required by the Collier County Land
Development Code.
The total number of guest suites will be govemed by the maximum number
of dwelling units permitted in the Terafina PUD as set forth in Paragraph 6.2
of this ordinance.
o
The minimum floor area of guest suites shall be six hundred (600) square feet
and they may be attached or detached from the clubhouse and are available
for only residents or their guests.
15
SECTION vm
DEVELOPMENT COMMITMENTS
8.1 Environmental Standards
The purpose of this Section is to set forth the environmental commitments of the project
developer.
Ao
Vegetative Preserve Areas depicted on the PUD Master Plan are permitted for open
space and passive recreational uses only. Vegetated preserve areas may be
reconfigured provided all other applicable requirements of this Ordinance are met.
All preservation areas shall be designated as Preservation Tracts or easements on all
construction plans and shall be recorded on the plat with protective covenants per or
similar to Section 704.06 of the Florida Statutes.
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 Section Staff.
Native vegetation preservation shall conform to the requirements of Subsection
3.9.5.5.3 of the Collier County LDC. For this site, a minimum of 274.35 acres of
native vegetation shall be retained on site.
An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the
site, with emphasis on the Preservation Area, shall be submitted to the Current
Planning Section Staff for review and approval prior to final site plan/construction
approval. A schedule for exotic removal within all Preservation Areas shall be
submitted with the above-mentioned plan.
The petitioner shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation
Commission (FFWCC) regarding potential impacts to protected wildlife species.
Where protected species are observed on site, a habitat management plan for these
protected species shall be submitted to Current Planning Section Staff for review and
approval prior to final site plan/construction approval.
Fo
The applicant shall be subject to all environmental ordinances in effect at the time of
development order approvals to which said regulations relate.
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Portions of the PUD designated as a preserve area along the eastern portion of the
property will be connected as a flow-way with lands to the south in the Olde Cypress
PUD District and lands to the east in the Marisol PUD District to improve water
management function in the general area and to lessen flooding.
16
8.2 Transportation Requirements
The purpose of this Section is to set forth the transportation commitments of the project
development.
The developer shall provide arterial level street lighting at the project entrance. Such
lighting shall be in place prior to the issuance of any certificate of occupancy.
The road impact fee shall be as set forth in the Collier County Consolidated Impact
Fee Ordinance No. 2001-13 and shall be paid at the time building permits are issued
or as provided for by the Adequate Public Facilities Ordinance.
Co
Internal access improvements shall not be subject to impact fee credits and shall be in
place before any certificates of occupancy are issued.
All traffic control devices used shall conform to the Manual on Uniform Traffic
Control Devices as required by Chapter 316.0745, Florida Statutes.
Roads internal to the project serving the residential uses shall be private and
dedicated to the Homeowners Association for perpetual maintenance.
Fo
The developer shall provide turn lanes at the project entrance prior to the issuance of
the first certificate of occupancy for the first structure in accordance with the Collier
County Public Right-of-Way Manual and Ordinance 82-91.
The developer shall make a fair share contribution towards the capital cost of traffic
signals at the project entrance when deemed wan'anted by the Transportation Services
Administrator, or designee, which is anticipated to be necessary for the efficient
distribution of traffic in the general area. These signals will be owned, operated and
maintained by Collier County.
Ho
An additional twenty (20') feet of right-of-way will be provided along the westem
edge of the Terafina Development to provide for a total of eighty (80') feet of right-
of-way along the extension of Logan Blvd. A sixty (60') foot right-of-way presently
exists. The developer of Terafina will construct the extension of Logan Blvd. to the
proposed project entrance for Terafina. The additional road right-of-way will be
dedicated to Collier County at the time of platting or within ninety (90) days upon
request from Collier County.
The developer may commence on site horizontal construction only within Terafina at
the time that the four laning oflmmokalee Road is complete up to C.R. 951.
Jo
The developer agrees to fund up to $500,000 in exchange for impact fee credits for
improvements to the intersection of Oaks Blvd and Immokalee Road at the time of
the issuance of the first certificate of occupancy for a residential structure.
8.3
Utility Requirements
The purpose of this Section is to set forth the utilities and engineering commitments of the
17
project
A.
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developer.
Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance No.
88-76, as amended, and other applicable County rules and regulations.
All customers connecting to the water distribution and sewage collection facilities to
be constructed will be customers of the County and will be billed by the County in
accordance with the County's established rates. Should the County not be in a
position to provide sewer service to the project, the sewer customers shall be
customers of the interim utility established to serve the project until the County's off-
site sewer facilities are available to serve the project.
Prior to approval of construction documents by the County, the developer must
present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public
Service Commission has granted territorial rights to the developer to provide sewer
service to the project until the County can provide these services through its sewer
facilities.
8.4
8.5
The utility construction documents for the project's sewerage system shall contain the
design and construction of an on-site force main, which will ultimately connect the
project to the future central sewerage facilities of Collier County. The force main
must be interconnected to the pump station with appropriately located valves to
permit for simple redirection of the project's sewage, when connection to the
County's central sewer facilities becomes available.
Engineering Requirements
mo
Detailed paving, grading, site drainage and utility plans shall be submitted to the
Development Services Department for review. No construction permits shall be
issued unless detailed paving, grading, site drainage and utility plans are submitted
and until approval of the proposed construction, in accordance with the submitted
plans, is granted by the Development Services Department.
A copy of the SFWMD Surface Water Management Permit must be received by the
Development Services staff prior to any construction drawing approvals.
Co
Subdivision of the site shall require platting in accordance with Section 3.2 of the
LDC to define the fight-of-way and tracts shown on the PUD Master Plan.
The developer and all subsequent owners of this project shall be required to satisfy
the requirements of all County Ordinances or Codes in effect prior to or concurrent
with any subsequent development order relating to this site, including but not limited
to preliminary subdivision plat, site development plan and any other applications that
will result in the issuance of a final development order.
Water Management Requirement.q
The purpose of this Section is to set forth the water management commitments of the project
18
developer.
Ao
Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County LDC, except that excavation for water
management features shall be allowed within twenty (20) feet from side, rear or
abutting property lines, with side, rear or abutting property lines fenced.
Landscaping may be placed within the water management area in accordance with the
criteria established within Section 2.4.7.3 of the LDC.
The wet season water table elevation shall be established at the time of South Florida
Water Management District (SFWMD) permitting, which is required for the subject
property.
A surface water management permit must be obtained from the SFWMD prior to
any subdivision or site plan approval.
Should the extension of Logan Blvd. be constructed by The Parklands, Terafina will
provide for the necessary area for storm water management within the boundaries of
Terafina to advance the construction of this roadway providing the necessary permits
are obtained by The Parklands.
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EXHIBIT B
LEGAL DESCRIPTION
ALL OF SECTION 16, TOWNSHIP 48 SOUTH, RANTE 26 EAST, COLLIER COUNTY,
FLORIDA, SUBJECT TO PHOSPHATE, MINERAL, METAL AND PETROLEUM
RESERVATIONS RESERVED TO THE STATE BOARD OF EDUCATION IN DEED
RECORDED IN DEED BOOK 37, PAGE 93, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND EXCEPTING THE WEST 60 FEET AND WEST 2,670 OF THE SOUTH 60
FEET AS A ROADWAY EASEMENT FOP. INGRESS AND EGRESS.
C:~Documents and Settings~bellows_r\Local Settings\Temporary Interact Filcs\OLK1C~EXHIBIT B - LEGAL DESCRIPTION.doc
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 2001-71
Which was adopted by the Board of County Commissioners
on the 27th day of November, 2001, durin9 Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd
day of December, 2001.
DWIGHT E. BROCK
Clerk of Sourt~
Ex-officio to Boa~
County Commis s ione
By: Ellie Hoffman,
Deputy Clerk