Ordinance 98-033 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 1603N AND 1603S BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS FALLING
WATERS BEACH RESORT LTD., FOR PROPERTY
LOCATED EAST OF C.R. 951 AND ON THE NORTH
SIDE OF U.S. 41, IN SECTION 3, TOWNSHIP 51
SOUTH, Pj~NGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 76.39 ACRES, MORE OR
LESS; PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 92-76, AS AMENDED, THE FORMER
WOODFIELD LAKES PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Douglas A. Wood of Siesky, Pilon & Wood, representing
Falling Waters Beach Resort, Limited, 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
OOLLIER COUNTY, FLORIDA; ,
SECTION ONE:
The Zoning Classification of the herein described real property
located in Section 3, Township 51 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 Maps numbered 1603N and 1603S, as described in Ordinance
Number 91-102, the Collier County Land Development Code, are hereby
amended accordingly.
SECTION TWO:
~! Ordinance Number 92-76, as amended, known as the Woodfield Lakes
3D, adopted on October 19, 1992 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Collier County, is hereby repealed in its entirety.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.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this ~ day of ~ , 1998.
/' o-'.
'~TEST.:""']]' ..... "-", BOARD OF COUNTY COMMISSIONERS
IG~.-~.u '.BROCK~'%Clerk COLLIER COUNTY, FLORIDA
· .i ~ -. ' :" ~-~ BY:~
LegAt.,,Sd'f~icie. Dc9
' " o~ ac~ncw~ec}gemcnt,Of tha~
fHin received this y
Assistant County Attorney of
f/PUD-87-40 (3)
FALLING WATERS BEACH RESORT
A
PLANNED UNIT DEVELOPMENT
BY
FALLING WATERS BEACH RESORT, LTD.
NAPLES, FLORIDA
PREPARED BY:
Q. GRADY MINOR AND ASSOCIATES, P.A.
CIVIL ENGINEERS
10911 BONITA BEACH ROAD, SE
BONITA SPRINGS, FLORIDA 33923
REVISIONS PREPARED BY:
SIESKY, PILON & WOOD
ATTORNEYS AT LAW
1000 N. TAMIAMI TRAIL
SUITE 201
NAPLES, FLORIDA 34102
REVISED MARCH 4, 1998 BY THE
COLLIER COUNTY LONG RANGE PLANNING DEPARTMENT
EXHIBIT "A"
INDEX
SECTION I - PROPERTY OWNERSHIP. DESCRIPTION AND
STATEMENT OF COMPLIANCE 1-I
SECTION II - PROJECT DEVELOPMENT 2-1
SECTION III- COMMUNITY COMMERCIAL 3-1
SECTION IV - MULTI-FAMILY RESIDENTIAL 4-I
SECTION V - DEVELOPMENT STANDAKDS 5-1
LIST OF EXHIBITS
EXHIBIT "A" - PUD MASTER CONCEPT PLAN
SECTION I
PROPERTY OWNERSHIP, DESCRIPTION AND STATEMENT OF COMPLIANCE
I, 1 PURPOSE
The purpose of th~s seclion is to provide a legal description of the parcel, state the ownership and
prov{de a description of the existing conditions of the parcel.
O 1.2 LEGAL DESCRIPTION
A. PHASE I: COMM~ERCIAL
The parcel of land is more particularly described as follows:
A tract of land lying in Section 3, Township 51 South, Range 26 East, Collier County, Florida, being
more particularly described as follows:
Commencing at the East I/4 comer of Section 3, TownsMp 51 South, Range 26 East, run S
00°41 '3 1N W 629.67 feet; thence run N 53°20'16'' W on a line 400 feet north ofand parallel with the
North Right-of-Way line of Florida State Road 90 (US 41 ), a distance of 4350.31 Feet to the East
Right-of-Way line of State Road S-951 and the POINT OF BEGINNING of the herein described
parcel of land;
Thence N 35°40'08N E 920.00 feet along sa~d Right-of-Way line;
Thence S 54°20'16"E 239.00 feet',
Thence S 35°40'08~ W 920.00 feet;
Thence N 54O20'16" W 239,00 Feet to the POINT OF BEGINNING,
CONTAINING 5.05 ACRES MORE OR LESS.
Subject to easements, restrictions and dedications of record.
B. PHASE II: RESIDENTIAL
A tract of land lyqng in Section 3, Township 51 South, Range 26 East, CoIl~er County, Florida, being
more particularly described as follows:
Beginning at the East 'A comer of Section 3, Township 51 South, Range 26 East, run'S 00°41'31 ~
W 629.67 feet; thence run N 54°20'16, W on a line 400 feet North and parallel with the North Right-
of- Way line of Florida State Road 90 (US 41), a distance of4111.31 Feet; thence N 35°40'08~ E
920.00 feet; thence run S 54O20'16~ E 3468,61 Feet to a point on the East section line orsaid Section
3; thence S 00046'03, W ,~92.58 feet along said East section line to the POINT OF BEGINNING,
except that portion lying South and East of Street Road S-951 canal. Containing 69.32 acres more
or less.
Subject to easements, restrictions and dedications oFrecord.
C. PHASE III: RECREATION PARCEL
A parcel ~n Section 3, Township 51 South, Range 26 East, Collier County, Florida.
From the East Quarter comer of Section 3 run v~th Section line South 0° 41' 31N West, a distance
· of 612.57 feet; thence North 89 ° 18' 29~ West, a distance of 722.35 feet to the intersection ofthe
West right-of-way line of a County Drainage Canal with the North right-of-way line of State Road
90 (Tamiami Tra{I); thence with said Trail right-of-way line North 54 ° 20'1 6~ West, a distance of
1327,51 feet to the tru~ POINT OF BEGINNING; thence continue with the Trail right-of-way I~ne
North 54 ° 20' 16M West, a distance of 220.00 feet; thence Norlh 35 ° 39' 44~ East, a distance of
400.00 Feet; thence South 54 ° 20' 16~ East a distance of 220.00 feet; thence South 35 ° 30' 44N
West, a distance of 400.00 feet to the POINT OF BEGINNING. Contairfing 2.02 acres more or less.,
1.3 OWNERSHIP
The subject property is owned by Falling Waters Beach Resort, Ltd.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
The subject property is located on the east side of the (C.R.. 951) approximately 400 feet noah of
Tamlami Trail East (U.S. 41). The site is further described as being bounded on the West by C.R..
951; on the East by Henderson Creek; on the South by numerous small parcels fronting U.S. 41
which are about 400 feet deep; and on the North by a parcel controlled by Deltona Corporation. The
project site contains approximately 76.87 acres of land presently zoned PUD, Planned Unit
Sewer Area and
lies within the Collier County Water -
subject property
Development District. The
the Collier County Water Management District No. 6.
1.5 PHYSICAL DESCRIPTION
The subject site is relatively fiat with the exception of a swale along CR-951. Elevations range from
5.2 to 8.6 with the average grade being elevation 5.5. Tcpographic data indicates that the land
probably drained southerly before construction of U.S. ,~l, but that sheetflow pattern is presently
obstructed The property adjacent to the north boundary appears to drain into an abandoned quarry
presently being used to store untreated drinking water for the Marco Island public water system and
into Henderson Creek.
Three soil types are present on the subject. property, as depicted by the soil survey for Collier
County, Florida. These are l) Broward fine sand, shallow phase 2) Ochopee fine sand marl, shallow
phase and 3) cypress Swamp.
A natural plant community of slash pine fiatwood with palmetto occur on this site along with invading
exotic hardwood species. The majority of the site is Pine fiatwood and Cabbage Palm. In the areas
of the site where scattered pines exist, the understory is composed of Saw Palmetto along with Wax
Myrtle, Saltbush and Brazilian Pepper. Where Cabbage Palms are the dominant canopy, the
understory is wild grape and Brazilian Pepper. Species of oaks are intermixed throughout the site.
There is a small special treatment area in the northeast portion of the site', which will be preserved
during development.
1.6 STATEMENT OF COMPLIANCE:
The Failing Waters Beach Resort Planned Unit Development is consistent with the Collier County
Growth Management Plan for the following reasons:
A. The project site is designated Urban Residential and Mixed Use Activity Center on the Future
Land Use Map and in the Future Land Use Element. The permitted uses in the commercial
portion of the PUD are permitted in the Mixed Use Activity Center designation. The
permitted uses in the residential portion of the PUD are permitted in the Urban Residential
and Mixed Use Activity Center designations. Properties designated Urban Residential are
permitted ~ base density of up to 4 units per acre. The property lies within the Traffic
Congestion Area resulting in the subtraction of one unit per acre (From 4 units/acre to 3
units/acre). Properties designated Mixed Use Activity Center are permitted a density of up
to 16 units per acre which can be spread over the entire project. The full density of 16 units
per acre is deemed appropriate and is awarded to this site. 15 acres of the residential portion
ofthls PUD are within the Mixed Use Activity Center land use designation resulting in 240
units (l 5 acres X 16 units/acre). 54.3 acres ofthe residential portion ofth~s PUD are wlth~n
the Urban Residential land use designation resulting in 216 units (54.3 acres X 4 units/acre).
The total number of units permitted by the Density Rating System for this site is 456 for a
density of 6.6 units/acre as no other provisions of the Density Rating System to add or
subtract density are applicable. Therefore, the density of 6.5 units/acre (451 units) permitted
by this PUD conforms to the Density Rating System contained in the Future Land Use
Element.
1.2
B. The project is compatible with surrounding land uses as required by Policy 5.4 ofthe Future
: Land Use Element.
i.3
SECTION Ii
PROIECT DEVELOPMENT
2.1 PURPOSE
The purpose of this section is to describe the general plan of development 0f the project, including
land uses, density and phasing.
2.2 GENERAL
Regulations for d~elopment ofFalling Waters Beach Resort shall be in accordance with the contents
oftMs document, PUD Planned Unit Development District and other applicable sections and parts
of the "Collier County Land Development Code." Unless otherwise noted, the definitions of all terms
shall be the same as the definitions set forth in the Land Development Code.
2.3 PROJECT PLAN
The project conceptual plan is shown on the accompanying Exhibit "A", "Master Concept Plan". The
drawings show the land use tract which also includes the road right-of-way. In addition to the various
areas and specific items shown on Exhibit "A", utility, private, semi-public, etc., easements shall be
established within the project as necessary for the service, function or convenience oFthe owners and
tenants.
2.4 PHASFNG
Lake excavation will begin upon receipt of the required Excavation Permit. Excavated material may
be permitted to be hauled off-site in accordance with Division 3.5 of the Land Development Code.
Falling Waters Beach Resort Phase I (Commercial) will be developed as the lake excavation nears
completion.
Falling Waters Beach Resort Phase II (Residential) will be developed in approximately four (4)
phases. Estimates of the construction periods and number of dwelling units In each phase are included
in Table I.
The sequence, number of units in each phase and type of units in each phase may change during the
course of the project as dictated by market conditions, or as demand for certain types of housing
becomes evident.
TABLE I
ESTIMATED DEVELOPMENT PHASING SCHEDULE
Phase
Completion No. of Units Start
I ! 12 1994
2 ! 12 1996
3 112 1998
4 115 2000
The 21.5+ acre lakes will be excavated in accordance with Division 3.5 of the Land Development
Code The excavated lake depth will bc (-)6.5 feet NGVD. Excavation material may be permitted to
bc hauled off-site in accordance with Division 3.5 of the Land Development Code.
2.1
2.5 SITE DEVELOPMENT PLAN APPROVAL PROCESS
The procedures outlined in Division 3.3 ofthe Land Development Code shall be Followed for Site
Development Plan approval.
A. In the case of residential structures with a common architectural theme, required property
development regulations may be reduced provided a site plan is approved by the Collier
County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6
of the Collier County Land Development Code.
~.,: ..
?.
SECTION 11I
COMMUNITY COMMERCIAL
3.1 PURPOSE
The purpose of this Section is to indicate the development plan and regulations for the area
designated on Exhibit 'A' as Community Commercial.
3.2 MAXIMU~t SQUARE FOOTAGE
A maximum of 49,000 square feet of floor space may be constructed.
3.3 USES PERMITTED
A Per Article 2 of the Land Development Code - All permitted (principal) uses and structures
as allowed by C-l, Commercial Professional District and also the following:
1. Automobile service stations - Fuel dispensing only (subject to all provisions of Section
2.6.28 of the Land Development Code and Section 3.4.I-t of this PUD Document
regarding the Marco Island water supply).
2. Food markets.
3, Fast food restaurants.
4. Restaurants.
5. Any other commercial use which is comparable in nature with the foregoing listed
uses and which the Development Services Director determines to be compatible.
B. Accessory Uses:
I. Accessory uses and structures customarily associated with the uses permitted in
C-I District For the C-I uses.
2. Accessory uses and structures customarily associated with the uses permitted in the
C-3 District for the C-3 type uses listed in "Am above.
3. Signs as permitted in Division 2,5 of the Land Development Code.
3.4 REGULATIONS
A. GENERAL
All yards, set-backs, etc. shall be in accordance with the following:
B. MINIMUM LOT AREA
1.0 acre
C. MINIMUM LOT WIDTH
200 feet.
D. MINIMUM YARDS
1. Abutting C. R. 951 - 50 feet
2. Street yard - 25 feet
3. Side or rear yard (other than C. R. 951 or street) - 15 feet.
E. MINIMUM FLOOR AREA
I. Ground floor - Minimum 700 square feet.
F. OFF-STREET PARKING REQUIREMENTS
O As required by Collier County Regulations (Division 2.3 ofthe Land Development Code) in
effect at the time Site Development Plan approval is sought.
G. MAX1MUM HEIGHT
Fifty (50) Feet above the first finished floor ofthe building.
3.1
H. No automobile service stations, convenience stores with gas pumps or other minor auto
service uses, e.g., oil change business, shall be permitted unless and until the rock quarry pit
to the North which provides water to Marco Island is discontinued as a source of public
potable water supply. No PUD amendment is required to enact these uses once said use has
been discontinued.
I. Automobile service stations, convenience stores with gas pumps or other minor service
uses shall bc located on the southern half of the commercial parcel.
3.2
SECT1ON IV
MULTI-FAMILY RESIDENTIAL
4.1 PURPOSE
The purpose of this Section is to set Forth the regulations for the development of the phases within
Falling Waters Beach Resort Phase II as designated on Exhibit "A'.
4.2 PERMITTED USES
There will be a maximum of 451 dwelling units and one office on the site.
No building or struct~are or pan thereof shall be erected, altered or used, or land or water used, in
whole or in pan, other than the following:
A. PRINCIPAL USES
1) Multiple family dwellings, villas, cjuster housing and one office.
2) Recreational areas - tennis courts swimming poo[, clubhouse, etc.
3) Commonly owned open tracts (jogging tract, lake, cypress preserve).
4) Water management facilities (owned by owner's association).
5) Mandatory recreational membership area.
6) Commercial excavation.
B. ACCESSORY USES
1) Customary accessory uses and structures.
2) Signs as permitted by Division 2.5 of the Land Development Code.
3) Models shall be permitted in conjunction with the promotion of the development, so
long as the developer has units for sale.
4) Walls and fences conslrueted of materials and finished architecturally compatible with
the principal structures to which they are accessory, shall be permitted subject to the
provisions of Section 2.6.11 of the Land Development Code and this document.
4.3 MINIMUM LOT SIZE AND DENSITY
Since the property will not be subdivided, there will be no minimum lot width, depth or area except
as established by setback requirements set forth below.
4.4 BUILDING SETBACK REQUIREMENTS
The dimensions for minimum building setback shall be as follows:
1) From all paved streets - 35 f~. from pavement edge.
2) From all property lines - 35 ft.
3) From the Henderson Creek maintenance easement - 25 ft.
4) Between structures - 20 Pt. or ~A the combined heights, whichever is greater.
4.5 MAXIMUM HE1GHT OF STRUCTURES
The maximum height of all dwelling structures shall be 35 feet as measured from the finished floor
of the first dwelling level as determined from the Flood Insurance Rate Maps.
4.1
4.6 MINIMUM FLOOR AREA
The minimum habitable floor area of each dwelling unit shall be 1000 square feet.
4.7 OFF STREET PARKING
Off-street parking shall be provided as required by the Division 2.3 of the Land Development Code
in effect at the time of application for Site Development Plan Approval.
4.8 PROJECT LIGHTING
Project lighting shall consist of appropriate street and pedestrian oriented site illumination.
4.9 COMMON AREA
No structure shall be erected, altered, or used, or land or water uses, in whole or in part, for other
than the following:
A. Principal Uses 1) Jogging tracts and walking paths.
2) Picnic areas.
3) Tennis courts, swimming pool and similar recreational and sporting activities.
4) Storage of equipment for maintenance of common areas.
5) Uses associated with maintenance of utility services as approved by the Development
Services Director.
6) Water management areas and facilities.
7) Preservation area.
8) Mandatory recreational membership area.
4.10 COMMON AREA OWNERSHIP AND MAINTENANCE
Common areas will, upon completion of the project, or sooner as agreed to by all parties concerned,
come under the ownership of a property owners' association or some such similar organization of
residents. This organization will be responsible for the maintenance of <~ommon areas under the
conditions set forth in Subsection 2.2.20.3 of the Land Development Code. The common areas shall
not include or be interpreted to include the recreational facilities. ,
4.11 RECREATIONAL FACILITIES
Same as Section 4.9 above.
SECTION V
DEVELOPMENT STANDARDS
5.1 PURPOSE
The purpose ofthis Section is to set forth the standards for the development of this project.
5.2 GENERAL
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 Code shall apply
to this project.
5.3 PUD MASTER DEVELOPMENT PLAN
A. Exhibits "A" and "B", Master Concept Plan, iljustrate the proposed development.
B. 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 project, the neighborhood
and the general local environment. Minor site design alterations may be permitted subject to
approval by the Development Services Director in accordance with Subsection 2.7.3.5 of the
Land Development Code.
C. All necessary easements. dedications, or other instruments shall be granted to insure the
continued operation and maintenance ofall service utilities and all areas in the project.
D. The roadways shown are to remain private.
E. The surface water management system will be owned and mainlained by a property owners'
association The water management system will utilize a man-made lake for detention of storm
flows. Discharge will be to Henderson Creek. The swale along the CR-951 right-of-way will
remain and a culvert will be installed at the entrance road. The culvert will be of sufficient size
to maintain existing flow.
5.4 PROJECT DEVELOPMENT
The proposed construction shall comply with the standards set forth 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 signs, landscaping, erosion control and other similar-in-function
facilities shall be taken to accomplish the above set forth objectives.
5.5 ENVIRONMENTAL AND DRAINAGE CONSIDERATIONS
A. Petitioner shall be subject to Division 3.9 of the Land Development Code requiring the
acquisition of a vegetation removal permit prior to any land clearing. A site clearing plan shall
be submitted to the Planning Services Department for their review and approval prior to any
substantial work on the site. This plan may be submitted in phases to coincide with the
development schedule. The site clearing plan shall clearly depict how the final site layout
incorporates retained native vegetation to the maximum extent possible and how roads,
buildings, lakes, parking lots, and other facilities have been oriented to accommodate this
goal.
B. Native species shall be utilized, where available, to the maximum extent possible in the site
landscaping design. A landscaping plan will be submitted to the Planning Services
Department for their review and approval. This plan will depict the incorporation of native
species and their mix with other species, if any. The goal of site landscaping shall be the
5.1
recreation of native vegetation and habitat characteristics lost on the site during construction
or due to past activities.
C. All exotic plants, as defined in Division 3.9 ofthe Land Development Code. shall be removed
during each phase of'construction from development areas, open space areas, and preserve
areas. Following site development a maintenance program shall be implemented to prevent
reinvasion of the site by such exotic species. This plan. which will describe control techniques
and inspection intervals shall be filed with and subject to approval by the Planning Services
Department.
D. If during the course of site clearing, excavation, or other construct ional activities. an
O archaeological or historical site, attiCact, or other indicator is discovered, all development at
the location shall be immediately stopped and the Planning Services Department Staff
notified. Development will be suspended for a sufficient length of time to enable the Planning
Services Department or a designated consultant to assess the find and determine the proper
course of action in regard to its salvageability. The Planning Services Department will
respond to any such notification in a timely and efficient manner so as to provide only a
minimal interruption to any constructional activitie.s.
E. The boundaries of the "ST" preserve area shall be flagged by the petitioner, and subject to the
review and approval of Planning Services Department. The area shall be fenced off prior to
development activity. Only conservation-oriented uses, approved by the Planning Services
Department, will be allowed in this preserve area..
F. The petitioner shall consult the U.S. Army Corps of Engineers and the Florida State
Department of Environmental Protection (DEP) concerning the possibility of their wetlands
jurisdiction over some areas on site.
G. In the Site Development Plan process, the petitioner shall make every effort to incorporate
mature oak trees in their existing locations into the project landscaping. This may require the
relocation of buildings, parking areas, or other impervious surfaces to allow for the
preservation o['the trees. Oaks which cannot be accommodated as such, may be transplanted
by knowledgeable personnel to other areas on site.
H. Littoral zones ofthe lakes shall maintain a slope of6:I to a depth oF4 feet. All littoral zones
shall be revegetated with native aquatic species, and the encroachment of'exotic.. vegetation
in these areas shall be controlled
I. Detailed site drainage plans shall be submitted to the Planning Services Department for
review. No construction permits shall be issued unless and until approval of the proposed
construction in accordance with the submitted plans is granted by the Planning Services
Department.
J. The stormwater generated by this project shall be directed toward the south/southwest section
of the project site.
K. There shall be no on-site disposal ofsewage effluent.
L. A 20 ~. wide strip of land along the entire Henderson Creek frontage shall be reserved for use
as a future easement for canal widening and maintenance purposes.
M. This petition indicates that a portion of the development will be zoned commercial. In the
interest of protecting the Marco Island public water supply from possible eontaminants
generated by the development, the Collier County Pollution Control Department shall have
the opportunity to review future projects (Site Development Plans and Plats) associated with
the commercial parcel.
If the Collier County Pollution Control Department or other County departments request or
require the monitoring of the wells near the rock quarry pit to the north, the petitioner shall
5.2
I.'
[ , provide such monitoring of the wells and submit the resulting data to the appropriate County
departments.
5.6 F_.ASEMEENTS FOR UNDERGROUND UTILITIES
ff. asements for underground utilities such as power. telephone. TV cable. wastewater collection and
transport. water distribution lines and other similar utilities necessary for the service of the project
shall be located ~s required and grated for those purposes. Cleari,g ofthe easements for installation
of underground utilities shall be selective so as to protect the maximum number of trees and natural
vegetation.
5.'7 WATER AND SEWER
I) Water distribution. sewage collection and transmission facilities to serve the project
are to be designed, constructed. conveyed, owned and maintained in accordance with
Collier County Ordinance No. 8g-76, as amended, and other applicable County rules
and regulations.
2) 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 ihe County's established rates.
3) The on-site water distribution system to serve the project must be connected to the
District's 20 inch water main on the north side of S.R. 951 consistent with the main
sizing requirements specified in the County's Water Master Plan and extended
throughout the project. During design of these facilities dead-end mains shall be
eliminated by loopinS the internal pipeline network.
4) The utility construction documents for the project's sewerage system shall be prepared
so that all sewage flowing to the County's master pump s~ation is transmitted by one
(1) main on- site pump station. The Developer's Engineer shall meet with the County
staff prior to commencing preparation of'construction drawings~ so that all aspects of
O the sewerage system design can be coordinated with the Cottnty's Sewer Master Plan.
5) The existing off-site water facilities of the District must be evaluated for hydraulic
capacity to serve this project and reinforced as required. if necessary, cor~sistent with
the County's Water Master Plan to insure that the Districfs water system can
hydraulically provide a sufficient quantity of water to meet the anticipated demands
of the project and the District's existing committed capacity.
6) The existing off-site sewage transmission facilities of the District must be evaluated
for hydraulic capacity to serve this project and improved as required outside the
projcct's boundary to provide adequate capacity to transport the additional
wastewater generated without adverse impact to the existing transmission facilities.
5.g SOLID WASTF_. DISPOSAL
Arrangements and agreements shall be made with the County's approvcd solid waste disposal service
to provide for solid waste collection service to the Falling Waters Beach Resort project area.
5.9 OTHER UTILITIES
Telephone. power, and TV cable service shall be made available. All such utility lines shall be installed
underground.
.
5.10 RIGHT-OF-WAY DEDICATION
See Section 5.17
5.11 ARCHITI::_.CTURAL REVII::-WS
All buildings constructed within Falling Waters Beach Resort must comply with the architectural
rcvlew standards which shall bc specified by the recorded covenants and deed restrictions that go with
the properties.
5.12 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with or following the construction of the
principal structure and shall conform with the setbacks and building separations as delineated by
Section 2.6.2 of the Land Development Code.
5.13 SIGNS
All signs shall be in accordance with Division 2.5 of the Land Development Code.
5.14 LANDSCAPING AND BUFFERING
All required landscaping and buffering shall be in accordance with Division 2.4 of the Land
Development Code.
5.15 WATER MANAGEMENT
Detailed site drainage plans for each individual parcel shall be submitted to the Planning Services
Department for review at the time ofdevelopment. No construction permits shall be issued unless and
until approval of the proposed construction in accordance with the submitted plans is granted by the
Plannin8 Services Department.
5.16 TRAFFIC IMPROVEMENTS
Subject to Collier County Department of Transportation approval, the developer, his assigns or
successors. shall provide the following:
1) There shall be only one access to C.R. 951. It shall serve all ofth,e commercial parcels and
the residential portion of the project. The access shall be subject to permitting in accordance
with Ordinance 82-91. The access point shall align with the access point in Le]y Resort PUD
across CR-951 to the west.
2) The developer shall provide left and right turn lanes on C.R. 951 at the project entrance. If
at all feasible, this construction shall be coordinated with the four-Inning of that roadway. The
entrance road intersection with C.R. 951 shall include arterial level street lighting.
3) The developer shall provide a fair share contribution toward the capital cost of a traffic signal
at the project entrance when deemed warranted by the County Engineer. The signal will be
owned, operated and maintained by Collier County.
4 ) The developer shall provide up to 50 feet ofright-of-way along the east side or C.R. 951 for
turn lanes, bikeways, and drainage purposes. The exact amount will be determined when the
right-of-way permit is applied for and shall be consistent with the County's Comprehensive
Plan and Growth Management Studies which establish the long term transportation needs
along C. R. 951.
5) These improvements are considered "site related" as defined in Collier County Ordinance No.
92-22, as amended, and shall not be applied as credits toward any impact fees required by that
ordinance. Road Impact Fees shall be in accordance with the fee schedule set forth in Collier
County Ordinance No. 92-22, as amended; the residential units shall be based on the fee for
Multi-family Development and the commercial units shall be based on the fee for General
Commercial Development.
5.4
5.17 ACCESS TO U.S. 41
Access shall be provided to U.S. 41 East generally in the area shown on the PUD Master Concept
OPlsn, Exhibit "A", with the following conditions:
1) Left and fight turn lanes shall be provided at the entrance if and when required by FDOT.
The entxance road intersection with U.S. 41 shall include medal level street lighting at the
time it is constructed
2) The developer shall provide a fair share contribution toward the capital cost of a traffic
signal at the emergency entrance when deemed warranted by the County Engineer. The
signal will bc owned, operated and maintained by Collier County.
3) These improvements arc considered "site related" as defined in Collier County Ordinance
No. 92-22, as mended, and shall not bc applied as credits toward any impact fees required
by that ordinance. Road Impact Fees shall be in accordance with the fcc schedule set forth
in Collier County Ordinance No. 92-22, as mended; the residential units shall be based on
the fee for Multi-family Development and the commercial units shall bc based on the fee for
General Commercial Development.
5.18 POLLING PLACES
Polling places shall bc permitted as provided for in Section 2.6.30 of the Land Development Code.
O 5' 19 ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY
All commitments in the PUD Document shall be met by the developer prior to issuance of the final
Certificate of Occupancy.
5.20 PLATTING
Platting, if rcquizcd, shall be in accordance with Division 3.2 of the Land Development Code.
Platting shall bc required if units arc to bc sold fee simple or if the project is developed as an
integrated Phased SDP, in accordance with Section 3.2.4.4 of the Land Development Code.
5.21 BUFFERING
A landscape buffer in accordance with Section 2.4.7, Alternative B, of the Land Development Code,
shall be provided around the entire perimeter of the site except a more stringent buffer shall bc
provided if required by Section 2.4.7.
ACCESS TO U.S. 4 I,'RFN/rnd "
LAND USE SUMklARY
COMMERCIAL (TRACT A) 3.99 AC
RESIDENTIAL (TRACT B,) 71.29 AC US 41- TAI~IA.M, TRAIL
RECREATIONAL (TRACT C,) 2.02 AC
TOTAL AREA 77.30 AC [~:~F--~ ~
STATE OF FLORIDA}
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 98-33
Which was adopted by the Board of County Commissioners on the 28th day
of April, 1998, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 1st day of May, 1998.
DWIGHT E. BROCK
Clerk of Courts and' Clerk
Ex-officio to Board of
County Commission rs.
..
Deputy Clerk