Ordinance 97-01".~--'__Zj- AN ORDINANCE A}TENDING ORDINANCE NUMBER 91-102
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COU1~Y,
FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS
MAP NUMBER 0632N~ BY CHANGING THE ZONING ~
CLASSIFICATION OF THE HEREIN DESCRIBED REAL.'
PROPERTY FROM "A" TO 'PUD' PLANNED UNIT ~
DEVELOPMENT KNOWN AS WHISTLER'S COVE PUD FOE
240 AFFORDABLE MOUSING UNITS ON 24 ACRES, ~ ,,'
INCLUDING A SWIMMING POOL, CLUBHOUSE, TOT LOT,
VO~.r.FYBALL AND/OR BASKETBALL COURT AND
COIN-OPERATED LAUNDROMAT FOR PROPERTY LOCATED
ON THE NORTH SIDE OF TAMIAMI TRAIL EAST AT THE
INTERSECTION WITH SOUTHWEST BOULEVARD IN
SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLr.IER COUNTY, FLORIDA, CONSISTING OF 24
ACRES, MORE OR LESS~ AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, William L. Hoover, AICP, of Hoover Planning
Shoppe, repre~enting G & G Development Corporation,
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:
The zoning classification of the herein described real
property located. in Section 32, Township 50 South, Range 26
East, Collier County, Florida, is changed from 'A" to "PUD"
Planned Unit Development in accordance with the Whtstler's
Cove PUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The Official Zoning Atlas
Map Number 0632N, as described in Ordinance Number 91-102,
the Collier County Land Development Code, is hereby amended
accordingly.
This Ordinance shall become effective upon filing with
the Department of State.
-1-
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this .~ day of
, 1997.
BOARD OF COUNTY COHMISSIONERS
COLLIER COUNTY, FLORIDA
/;':"" ~/ ...."':'k
"~." :-~1,.'*":.,, ~-°'~ " -
"'APPROVED AS TO FORM
MARIE M. STUDENT ~ ~, ~/~,~_
ASSISTANT COUNTY ATTORNEY
PUD-96-13 OEDINANCE/18003
-2-
NV!'IISTLER'S COVE
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
' ROCKWELL T. GUST, Jr., PRESIDENT
' G & G DEVELOPMENT CORPORATION
;
P.O. BOX 846
NAPLES, FL 34102
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING SHOPPE
2223 TRADE CENTER WAY
NAPLES, FL 34109
BRUCEANDERSON
YOUNG, VANASSENDERP&VARNADO~ P.~
80tLAURELOAKDRNE, SUITE300
NAPLES, FL 34108
MICHAEL J. LANDY, P.E.
BUTLER ENGINEERING, INC.
2223 TRADE CENTER WAY
NAPLES, FLORIDA 34109
DATE FILED August 7, 1996
DATE REVISED January 7. 1997
DATE REVIEWED BY CCPC ..December 19, 1996
DATE APPROVED BY BCC January 7. 1997
ORDINANCE NUMBER
TABLE OF CONTENTS
PAGE
TABLE OF CONTENTS i
LIST OF EXHIBITS ° ii
STATEMENT OF COMPLIANCE 1
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2
SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5
SECTION III RESIDENTIAL AREAS PLAN 8
SECTION IV DEVELOPMENT COMMITMENTS 12
UST OF EXHIBITS
EXHIBIT A PUD MASTER PLAN/WATER MANAGEMENT PLAN
EXHIBIT B VICINITY MAP
EXHIBIT C /~RCHITECTURAL DRAVV!I,IGS FOR 2-STORY ELEVATIONS
EXHIBIT D ,~RCHITECTURAL DRAVVINGS FOR 3-STORY ELEVATIONS
i
;
.!
STATEMENT OF COMPLIANCE
The development of approximately 24 acres of property in Collier County, as a Planned
Unit Development to be known as Whistlers Cove PUD will be in compliance with the
planning goals and objectives of Collier County as set forth in the Collier County
Growth Management Plan. The residential facilities of the Whistler's Cove PUD will be
consistent with the ,growth policies, land development regulations, and applicable
comprehensive plann. ing objectives for the following reasor~s:
1. The subject property is within the Urban Residential Mixed Use District Land Use
Designation as identified on the Future Land Use Map.
2. The subject idroperty's location in relation to existing or proposed community
facilities and services permits the development's residential density as described
in Objective 2 of the Future Land Use Element.
3. 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.
4. Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
5. The project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1.H and 3.1.L of the
Future Land Use Element.
6. The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of lhe Public Facilities Element.
7. The projected density of 10.0 dwelling units per acre is in compliance with the
, Future Land Use Element of the Growth Management Plan based on the
following relationships to required criteria:
Base Density +4 dwelling units/acre
Affordable Housing Density Bonus +8 dwelling units/acre
Traffic Congestion Boundary -1 dwellir~g units/acre
Maximum Permitted Density +11 dwelling units/acre
8. All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code.
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose I:}f this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed un~ler the project name of Whistler's Cove PUD.
1.2 LEGAL DESCRIPTION
The subject pr'.operty being 24.00 acres, and located in Section 32, Township 50
South, and Range 26 East, is described as:
All that part of Section 32, Township 50 South, Range 26 East, lying North and
East of the Tamiami Trail (U.S. Highway 41), Collier County, Florida, LESS AND
EXCEPT a parcel described as follows:
Beginning at the intersection of the North line of said Section 32 with the
Northeasterly dght-.of--way line of the Tamiami Trail (U.S. Highway 41 ), run North
89°57'3(7 East 188.80 feet along the said North line of Section 32; thence South
58°18'30· West 147.09 feet to the said right-of-way line; thence North 39°31'30·
West 100.00 feet along said right-of-way line to the point of beginning.
1.3 pROPERTY OWNERSHIP
The subject property is owned by:.
Diane M. McAlear and Kurt P. Puchhes
Co-Trustees of Puchhas Land Trust
4421 11th Avenue S.W.
Naples. Florida 33999
The subject property is under a contract to purchase by:
Rockwell T. Gust, Jr., President
G & G Development Corporation
P.O. Box 846
Naples, Flodda 34102
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the northern side of East Tamiami
Trail, at the intersection with Southwest Boulevard (unincorporated Collier
County), Florida.
B. The entire project site currently has Agricultural Zoning and is proposed
to be rezoned to PUD.
1.5 PHYSICAL DESCRIPTION
The project sit~ is located within the C-4 Canal Drainage Basin. Stormwater run-
off from the sire historically sheeffiows south to the existing FDOT drainage ditch
which runs pai'allel to U.S. 41 on the north side. Conveyance of this run-off is
aided by two (2) shallow man-made drainage ditches which bisect the site from
north to south. It appears that they were constructed to aid the drainage of the
Naples Manor subdivision to the north They are not maintained and have
become overgrown with exotic vegetation. Once entedng the FDOT right-of-
way, stormwater is routed east to a culvert just east of Lely Resort Boulevard,
then piped south of U.S. 41 to the Eagle Creek Golf Course Lakes System.
Ultimate discharge is to Rookery Bay via Henderson Creek.
It should be noted that run-off from the Naples Manor is routed around the
subject property by means of a poorly maintained drainage ditch in the rear
yards of the homesites directly adjacent to the project's north boundary.
Elevations within the project range from lows of 3.6 NGVD within the man-made
drainage ditches to 6.6 NGVD in the spoil pile created by their construction.
Natural grades range from 4.8 NGVD to 5.8 NGVD. The entire site is located
within Flood Zone 'AE' with a base flood elevation of 7.0 NGVD. As indicated
on the survey, a small portion of the site (southeast corner) is located within
base flood elevation 8.0 NGVD.
The water management system for the project proposes the consthaction of a
perimeter berm with crest elevation set at the 25 year-3 day flood stage. Water
quality pretreatment is proposed in the on-site lake system prior to discharge
into the wetland areas to be preserved. Utilization of the wetlands for
attenuation of the 25 year - 3 day storm event is included as part of the design.
Per Collier County Soil Legend, dated January, 1990, there are four (4) types of
soils found within the limits of the property:
Immokalee Fine Sand
Pineda Fine Sand, Limestone Substratum
Holopaw Fine Sand
Urban Land Immokalee Oldsmar, Limestone Substratum Complex
The site vegetation consists mainly of vat pine fiatwoods with some upland
palmetto islands. The site has been heavily invaded by exotics (i.e. Melaleuca).
Wetland vegetation (i.e. cypress) can be seen within the limits of the man-made
drainage ditch.
1.6 PROJECT DEkSCRIPTION
The Whistler's Cove PUD is a multi. family residential Affordable Housing
Density Bonus project with a maximum of 240 units. Recreational facilities will
be provided in conjunction with the dwelling units. Residential land uses,
recreational L/see, and signage are designed to be very harmonious with one
another in d natural setting by using common architecture, appropriate
screening/buff'edng, and native vegetation, whenever feasible.
1.7 SHORT TITLE
This Ordinance shall be known and cited as fie "Whistler's Cove Planned Unit
Development Ordinance".
4
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose ,of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the projed, as wall as other project
relationships.,
2.2 GENERBd.I= ;
A. Regulations for development of the Whistler's Cove PUD shall be in
accordance with the contents of this document, PUD- Planned Unit
Development District and other applicable sections and pans of the
Collier County Land Development Cede and Growth Management Plan in
effed at the time of issuance of any development order to which said
regulations relate which authorizes the construction of improvements,
such as but not limited to Final Subdivision Plat, Final Site Development
Plan, Excavation Permit and Preliminary Work Authorization. Where
these regulations fail to provide developmental standards then the
provisions of the most similar district in the Land Development Cede shall
apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effed at the time of building permit application.
C. All conditions imposed and graphic matedal presented depicting
restrictions for the development of Whistlers Cove shall become pad of
the regulations which govem the manner in which the PUD site may be
developed.
D. Unless specifically waived through any vadanca or waiver provisions from
any other applicable regulations, the provisions of those regulations not
othenNise provided for in this PUD remain in full forca and effect.
E. 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 Collier County Land Development Code at the earliest, or
next. to occur of either Final Site Development Plan approval, Final Plat
approval. or building permit issuance applicable to this development.
2.3 DESCRIPTION.OF PROJECT PLAN AND PROPOSED LAND USES
A. The general configuration of the land uses are iljustrated graphically by
Exhibit ~'A". PUD Master Plan.
B. Minor rhedffications to Exhibit 'W'. may be permitted at the time of Site
Development Plan approval, subjed to the provisions of Section 2.7.3.5 of
the Collier County Land Development Code or as otherwise permitted by
this PUD Document.
C. in addition to the various areas and specific items shown in Exhibit "A",
easements such as (utility, private, semi-public, etc.) shall be established
within or along the tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
A maximum of 240 dwelling units shall be constructed in the residential podion
of the project area. The gross project area is 24.00 acres. The gross project
density shall be a maximum of 10 units per acre.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Exhibit 'W', PUD Master Plan, constitutes the required PUD Development
Plan. Any division of the property and the development of the land shall
be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of
the Land Development Code, and the platting laws of the State of Florida.
B, The provisions of Division 3.3, Site Development Plans of the Land
Development Code. when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Division 3.3 prior to
the issuance of a building permit or other development order.
C. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and the methodology for
providing perpetual maintenance of common facilities.
2.6 MODEL UNITS/~ND SALES FACILITIES
A. In conjunction with the promotion of the development. residential units
may be designated as models. Such model units shall be governed by
Section 2.6.33.4 of the Collier County Land Development Code.
B. Temporary sales trailers and construction trailers can be placed on the
site after Site Development Plan approval and prior to the recording of
Subdivision Plats. subject to the other requirements of Section 2.6.33.4 of
the Land Development Code.
2.7 PROVISIQN i~QR OFF-SITE REMQVAI., OF EART.HEN MATERIAL
The excavatidn of earthen material and it8 stock piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site dispo881 i8 also hereby permitted subject to the following conditions.
A. Excavation 8ctivities 8hall comply with the definition of a 'Development
Excavation' pursuant to Section 3.5.5.1.3 of the Land Development Code,
whereby off-site removal 8hall be limited to 10% of the total volume
excavated but not to exceed 20,000 cubic yards.
B. All other provisions of Division 3.5 Excavation of the Land Development
Code shall apply.
C. Upon review and approval of a Commercial Excavation Permit as
described in Division 3.5 of the Land Development Code. commercial
excavation activities are allowed. This off-site removal shall meet any
conditions placed upon approval of the Commercial Excavation Permit.
2.8 AMENDMENTS TO PUD DOCUMENT OR PUD ..MASTER PLAN
Amendments may be made to the PUD as provided in Section 2.7.3.5 of the
Land Development Code.
7
SECTION III
RESIDENTIAL AREAS PLAN
3.1 PURPOSE
The purpose bf this Section is to identify specific development standards for the
Residential Areas as sl-~3wn on Exhibit "A", PUD Master Plan.
3.2 MAXIMUM DWELLIN(~ UNIT~
The maximun~ number of residential dwelling units within the PUD shall be 240
units. ;
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part. for other than the following:
A. p.ermitted Principal Uses and Structures:
Multi-family dwellings.
B. Permitted Accesson/Uses and StructUres:
1. Customan/accessory uses and structures including carports,
garages, and utility buildings.
2. Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, children's' playground areas, tot lots, boat
docks, walking paths, picnic areas. recreation buildings, and
basketbali/shuffle board courts.
3. Manager's residences and offices, rental facilities and model units.
4. Water management facilities, including within the Native Habitat
Preserve Area.
5. Essential services, including intedm and permanent utility and
maintenance facilities.
6. Gatehouse.
8
7. Recreational facilities, such as boardwalks. walking paths and
picnic areas, within the Natural Habitat Preserve Areas after the
appropriate environmental review.
8. Child-care facilities for on-site residents and their children.
9. Supplemental landscape planting within the Natural Habitat
Preserve Areas.
10. Any other accessory use deemed compatible by the Director of
Current Planning.
I
3.4 DEVELOPMENT STANDARDS
A. Minimum Yards:
1. Principal structures:
(a) Yards Along East Tamiami Trail Right-of-Way - Eighty (80)
feet for one- (1) and two- (2) story structures and two
hundred (200) feet for three- (3) story structures.'
(b) . Yards from the Eastern PUD Boundary - Forty (40) feet for
one (1) and two- (2) story structures and eighty (80) feet for
three- (3) story structures.
(c) Yards from the Northern PUD Boundary - One hundred sixty
(160) feet.
(d) Yards from back of curb or edge of vehicular pavement -
Fifteen (15) feet.
(e) Yards from the Natural Habitat Preserve Area - Twenty (20)
feet.
(f) Yards from the centrally-located lake - Twenty (20) feet.
2. AccessoW S~res:
(a) Carpods are permitted within parking areas.
~:~. I ..... II I IIII IIII III .......................
(b) Yards from the perimeter PUD Boundaries - Twenty-five (25)
feet.
(c) Yards from any principal structures - Ten (10) feet, except
for swimming ID<X~IS and screen enclosures which have
none.
B. ~Distar~,e, Between Principal Structures;
1. Between one (1) story and one (1) story structures -Ten (10) feet.
2. Between one (1) story and two (2) story structures - Fifteen (15)
feet.
3. Between one (1) story and three (3) story structures - Twenty (20)
feet.
4. Between two (2) story and two (2) story structures - Twenty (20)
feet.
5. Between two (2) story and three (3) story structures - Twenty-five
(25) feet.
6. Between three (3) story and three (3) story structures - Thirty (30)
feet.
C. Minimum Floor Area;
1. For one (1) bedroom units the minimum floor area shall be five
hundred f'~ty (550) square feet.
2. For two (2) bedroom units the minimum floor area shall be seven
hundred fifty (750) square feet.
3. For three (3) bedroom units the minimum floor area shall be nine
hundred (9(X)) square feet.
D. Maximum Heicaht:
For principal structures thirty. eight (38) feet or three (3) stodes, whichever
is the most restrictive.
10
E. Off-Street Padring and. Loading Requirements:
As required by Division 2.3 of the Land Development Code in effect at the
time of building permit application.
F. Open Space Requirements:
I
A minimum of sixty (60) percent open space, as described in Section
2.6.32 ~ the Land Development Code. Including in this open space shall
be area(s) set aside as Natural Habil:.at Preserve Area(s), as required in
Section 3.9.5.5.3 of the Land Development Code, which shall encompass
a minimum of twenty-five (25) percent of the viable naturally functioning
native v'.egetafion on-site.
G. Landscaping and Buffering Requirements;
As required within Division 2.4 of the Collier County Land Development
Code, except that required landscaping for PUD perimeter buffers located
within Natural Habitat Preserve Areas may be relocated within other
areas of the Natural Habitat Preserve Areas, with approval of the County
Landscape Architect at the time of Site Development Plan approval. If
landscape buffers are determined to be necessary adjacent to preserve
areas, they shall be separate from preserve areas.
H. Architectural Standards
All buildings, signage, landscaping and visible architectural infrastructure
shall be architecturally and aesthetically unified. Said unified
architectural theme shall include: a similar architectural design and use of
similar materials and light pastel colors throughout all of the buildings,
signs, and fences/walls to be erected on the entire subject parcel.
Landscaping and streetscape materials shall also be similar in design
throughout the subject site. Architectural design shall be similar to Exhibit
"C" and 'D'. An architectural plan shall be submitted concurrent with the
first application for Site Development Plan approval demonstrating
compliance with these standards.
I. Signs
Signs shall be permitted as allowed within Division 2.5 of the Collier
County Land Development Code. Signage shall also meet the
architectural standards further described in Section 3.4H. of this PUD
Document.
I1
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
I
The purpose of this Section is to set forth the commitments for the development
of this project.
4.2 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 Final
Plat, Final Site Development Plan approval or building permit application as the
case may be. Except where specifically noted or stated otherwise, the standards
and specifications of the official County 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. his successor or assignee shall 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,
the developer will agree to convey to any successor or assignee in title any
commitments within this agreement.
4.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan iljustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or
special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the provisions of Section 2.7.3.5
of the Collier County Land Development Code. amendments may be
made from time to time.
B. All necessary easements. dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
12
4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is projected to be completed in one (1)
phase.
A. The lar~downers shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code. If the
project does not meet this requirement at the end of the five (5) year
period, this project shall be advertised for a public hearing, the purpose of
which iS to fezone the parcel back to "A" Agricultural.
B. Monitoring Report: An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development
Code.
4.5 ENGINEERING
A. This project shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
B. Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code, Division 3.2.
C. Prior to Final Site Development Plan approval a Right-of-Way Permit will
be required by FDOT.
4.6 WATER MANAGEMENT
A. A copy of the South Florida Water Management District (SFWMD)
Surface Water Permit shall be submitted prior to Final Site Development
Plan Approval.
a
B. An Excavation Permit will be required for the proposed lake in accord nce
with Division 3.5 of the Collier County Land Development Code and
SFWMD rules.
C. At the time of construction, the existing ditch along the entire north
boundary shall be excavated and a minimum 15 foot maintenance
travelway atop the perimeter berm shall be constructed within a new
dedicated drainage easement. Such drainage easement shall be
13
dedicated prior to Final Site Development Plan approval. Dimensions for
the ditch cross-section, berm width, and easement width will be reviewed
at the time of development plan submittal pursuant to Collier County
Stormwater Management Department requirements.
D. At the time of development plan submittal, the proposed drainage culvert
within the FDOT right-of-way shall be sized pursuant to Collier County
StorrTwvater Management Department requirements.
E. A FDOT Drainage Connection Permit shall be obtained prior to the pre-
construction conference.
F. At the t~me of construction, the existing FDOT ditch along the entire U.S.
41 fror~tage, shall be excavated pursuant to a new Collier County
approved uniform cross-section.
4.7 UTILITIES
A. 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.
B. Water facilities Iooping and stubs:
The on-site water distribution system to serve the project must be
connecter-J to the District's water main on U.S. 41, consistent with the main
sizing requirements specified in the County's Water Master Plan and
extended throughout the project. During design of these facilities, the
following features shall be incorporated into the distribution system.
1. Dead-end mains shall be eliminated by Iooping the internal
pipeline networks.
2. Stubs for future system interconnection with adjacent properties
shall be provided to the property lines of the project, at locations to
be mutually agreed to by the County and the developer during the
design phase of the project.
C. Sewage system connection when interim sewage treatment plant utilized:
14
The utility construct/on documents for the project's sewerage system shall
be prepared to contain the design and construction of the on-site force
main which will ultimately connect the project to the future central
sewerage facilities of the District in the public rights-of-way. The force
main must be extended from the main on-site pump station to the force
main. It 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
availabl'e.
4.8 TRAFFIC
A The ap'plicant shall install arterial level street lighting at the project
entrance prior to the granting of any Certificates of Occupancy for the
project.
B. The applicant shall be responsible for a fair share contribution toward a
traffic signal system at the project entrance, should such signal system be
found to be warranted. Any such signal system shall be subject to
approval by both Collier County and FDOT.
C. The applicant shall be responsible for both a westbound right turn lane
and an eastbound left turn lane at the project entrance, that shall be
constructed during the construction of the project's access driveway onto
U.S. 41. In addition, compensating right-of-way shall be required to offset
the benefit of said turn lanes to the project. Such compensating property
shall be dedicated to Collier County prior to the granting of any
Certificates of Occupancy for the project. The location of the project's
access point may contribute to a future sight distance problem. Therefore,
both the County and FDOT reserve the right of median control, to include
right-in/right. out controls should a safety or operational problem be
created as a consequence of this access point.
D. The applicant shall be responsible for the installation of a sidewalk/bike
path along the entire project frontage, prior to the granting of any
Certificates of Occupancy for the project. In lieu of such construction, the
applicant may provide, prior to Final Site Development Plan approval, a
fair share cash contribution for same to be applied to the U.S. 41 six-lane
construction at such time as the six-lane project is built.
E. The applicant shall provide substantial competent evidence of a positive
drainage outfall for beth the project's storm water runoff and the existing
roadway storm water runoff, prior to the Final Site Development Plan
approval.
F. The project access shall be located and designed in accordance with the
Access Management Plan.
4.9 PLANNING '
e A. 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 a
historic or archaeological artifact is found, all development within the
minimu~n area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department
contacted.
4.10 ENVIRONMENTAL
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by the Current Planning Environmental Review Staff. Removal
of exotic vegetation shall not be counted towards mitigation for impacts to
Collier County jurisdictional wetlands. Any additional mitigation, that may
be recommended by the Environmental Advisory Board (EAB) and
approved by the Board of County Commissioners, above that proposed
with this petition shall be submitted with the Site Development
Plan/Construction Plan Package for review and approval.
B. All conservation areas shall be designated as conservation/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. Buffers shall be provided in accordance with Section
3.2.8.4.7.3 of the Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation/pres6rvation 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 Section 704.06 of the Florida Statutes.
C. Buffers shall be provided around wetlands, extending at least fifteen (15)
feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of wetlands.
VVhere natural buffers are not possible, structural buffers shall be
16
provided in accordance with the State of Florida Environmental
Resources Permit Rules and be subject to review and approval by the
Current Planning Environmental Review Staff.
D. 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 Review Staff for
review and approval prior to Final Site Development Plan/Construction
e Plan al:jproval.
E. Areas within the forty (40) foot wide Florida Power and Light easement
shall ncjt be considered as Natural Habitat Preserve Areas.
;
17
EXHIBIT B
LOCATION MAP
w~E 0 .5
S Mile
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. 97-1
Which was adoptedby the Board of County Commissioners on the 7th day
of January, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 9th day of January,
1997.
c~erk of courts and C~a~"_--"'
Ex-officio to Board o~
county c~issioners
:... ..i,~/
ByzBllie Hoffman
Deputy Clerk