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Ordinance 97-34 ORDINANCE NO. 97- 34 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 MAP NUMBER 8630S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE TO "BUD" PLANNED UNIT DEVELOPMENT KNOWN AS ZURICH LAKE VILLAS FOR 221 CONDOMINIUMS AT A DENSITY OF 5 UNITS/PER ACRE FOR PROPERTY LOCATED APPROXIMATELY THREE-QUARTERS MILE SOUTH OF IMMO~LEE ROAD (C.R. 846), ADJACENT TO AND ON THE EAST SIDE OF THE EASTERN BOUNDARY OF THE 1-75 RIGHT-OF-WAY, IN SECTION 30, TOWNSHIP 48 SOUTH, ~]GE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 44.36 ACRES, MO~E OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning Shoppe, representing Smiths, Sykes/Bloom, Rynders/Hoover, petitioned the Board of County Commissio: ~rs 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: SECTION ONE: The zoning classification of the herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Agriculture to "PUD" Planned Unit Development in accordance with the Zurich Lake Villas PUD Document, attached hereto as Exhibi~ "A" and ~ incorporated by reference herein. The Official Zoning A~as Map Number 8630S, as described in Ordinance Number 91-102, ~be Collier County Land Development Code, is 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 <F~'~ day of ~.<?~7' ' 1997. ...... ~'.'. .....'., BOARD OF COUNTY COMMISSIONERS · , COLLIER COUNTY, FLORIDA ~ G ......... TIMOTHY L/Ht~Cj~,~IRMA~ .',,.". '.' "', ............. "' i' APPROVED AS ~O FORM AND LEGAL SUFFICIENCY ~ Secreta~ · ~~~ and o~knowle~e~nt of filing received ~hls/~ day o~~~ ~SS~S~N~ COUN~ ~O~N~Y " ' PUD-91-50~DINANCZ/ ZURICH LAKE VILLAS PUD A PLANNED UNET DEVELOPMENT PREPARED FOR: JAMES M. & ALLIE REBECCA SMITH 3320 GOLDEN GATE BLVD. WEST NAPLES, FLORIDA 34117 KENNETH M. BLOOM, CO-TRUSTEE RUBINSTEIN, ;<ORNIK, BLOOM & MINSKER 801 BRICKELL, SUITE 1100 MIAMI, FLORIDA 33131 WAYNE H. SYKES, C.P.A., CO-TRUSTEE PUTNAM, SYKES & COMPANY, L.L.P. P.O. BOX 18526 GREENSEIORO, NORTH CAROLINA 27419 WILLIAM L. HOOVER & DAVID W. RYNDERS 398 ASHBURY WAY NAPLES, FLORIDA 34110 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING SHOPPE 5051 CASTELLO DRIVE, SUITE 220 NAPLES, FL 34103 DATE FILED April 3, 1997 DATE REVISED Au.qust ~, 1997 DATE REVIEWED BY CCPC . J.uly 17, 1997 DATE APPROVED BY BCC . August 5. t997 ORDINANCE NUMBER 97-34 TABLE OF CONTENTS PAGE TABLE OF CONTENTS i LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 6 SECTION III RESIDENTIAL AREAS PLAN 9 SECTION IV DEVELOPMENT COMMITMENTS 15 LIST OF EXHIBITS EXHIBIT 'A" PUD MASTER PLAN EXHIBIT "B" PUD WATER MANAGEMENT PLAN EXHIBIT "C' DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING EXHIBIT 'D' DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING EXHIBIT 'E" DEPICTION OF PROJECT ENTRY SIGN EXHIBIT 'F' DEPICTION OF PROJECT ENTRY SIGN STATEMENT OF COMPLIANCE The development of approximately 44.36+_ acres of property in Collier County, as a Planned Unit Development to be known as Zurich Lake Villas 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 Zurich Lake Villas PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Urban Residential Mixed Use Distdct Land Use Designation as identified on the Future Land Use Map, 2. The subject propedy'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 '.and Use Element. 3. The project is located within the Residential Density Band around the Interstate 75 - ImmokaZee Road (C.R. 846) Activity Center, as described within the Density Rating System of the Future Land Use Element. 4. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element, 5. 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. 6. 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. 7. 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 the Public Facilities Element. 8. The projected density of 5.00 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 Activity Center Density Band +3 dwellinq u.nits/,~cre Maximum Permitted Density 7 dwelling units/acre 9. 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 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the properly proposed to be developed under the project name of Zurich Lake Villas PUD. 1.2 LEGAL DESCRIPTION The subject property being 44.36+ acres, and located in Section 30, Township 48 South. and Range 26 East, is described as: That podion of the E 1/2 of the SW 1/4 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, lying East of Parcel 129 (I-75 dght.-of-way) as described in O.R. Book 986, Pages 1271 - 1273, of the Public Records of Collier County, Florida. (Parcel 1) The W 1/2 of the W 1/2 of the SE 114 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County. Flodda. (Parcel 2) The E 1/2 of the W 1/2 of the SE 1/4 of the SE 114 of Section 30, Township 48 South. Range 26 East, Collier County. Flodda. (Parcel 3) The E 1/2 of the SE 114 of the SE 114 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (Parcel 4) 1.3 PROPERTY OWNERSHIP The subject property is owned by: (Parcel 1) James M & Allie Rebecca Smith 3320 Golden Gate Boulevard West Naples, Flodda 34117 (Parcel 2) William L. Hoover & David W. Rynders 396 Ashbury Way Naples, Florida 34110 (Parcels 3 and 4) Kenneth M. Bloom, Co-Trustee Rubinstein, Kornik, Bloom & Minsker 800 Bdckell Avenue, Suite 1100 Miami, Florida 33131 (Parcels 3 and 4) Wayne H. Sykes, C.P.A., Co-Trustee Putnam, Sykes & Company. L.L.P. P.O. Box 18526 Greensboro, North Carolina 27419 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located 3/4 mile south of Immokalee Road, adjacent to and east of the Interstate 75 right-of-way (unincorporated Collier County), F}orida. B. The entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the 1-75 Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the existing canal along the eastern property line. Natural ground elevation is approximately 12.3 to 14.3 NGVD The entire site is located within FEMA Flood Zone 'X' with no base flood elevation spedfled. The water management system for the project proposes the construction 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 to the existing canal. located along the eastern PUD boundary. Utilization of the wetlands for attenuation of the design storm improvements is included as pad of the design. Flooding of the wetland preserve areas will ensure an improved hydropedod. Per Collier County Soil Legend, dated January 1990, them am 3 types of soil found within the limits of lhe property: #11 - Hallandale Fine Sand #14 - Pineda Fine Sand, Limestone Substratum #21 - Boca Fine Sand The site vegetation consists mainly of Pine flatwoods and Cypress/Cabbage Palm wetlands. The site has been moderately invaded by exotics (i.e. Melaleucs and Brazilian Pepper). 1.6 PROJECT DESCRIPTION The Zudch Lake Villas PUD is a project composed of a maximum of 222 residential units. These residential units are projected to be developed as: villas, coach homes, or cardage homes. Recreational facilities will be provided in conjunclion with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Zudch Lake Villas Planned Unit Development Ordinance". 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 project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Zudch Lake Villas PUD shall be in accordance with the contents of this document, PUD- Planned Unit Development Distri~ ~nd other applicable sections and parts of the Collier County Land Development Code and 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, 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 Code 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 effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Zurich Lake Villas PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force 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 DENSITY OR INTENSITY OF LAND USES A maximum of 222 dwelling units shall be constructed in the residential areas of the project, The gross project area is 44.36+ acres. The gross project density shall be a maximum of 5.00 units per acre. 2.4 RELATED PRO~JECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are iljustrated graphically on Exhibit "A", PUD Master Plan, which 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 rand 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. 2.5 MODEL UNITS AND 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 pdor to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. 2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen matedal and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. A. Excavation activities shall comply with the definition of a "Development Excavation' pursuant to Section 3.5.5.1.3 of the Land Development Code, 7 whereby off-site removal shall 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 Cede shall apply. SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 222 units. , 3.3 PERMITTED USES No building, structure or pad thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Two-family dwellings (includes duplexes). 2. Multi-family dwellings (includes villas, coach homes, cardage homes, townhouses and garden apartments). 3. Single-family dwellings. B. Permitted Acc,,e,%~Ory Use~ and Structures: 1. Customary 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 basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities, including within the Natural Habitat Preserve Area. 7. Recreational facilities, such as boardwalks, walking paths and picnic areas, within the Natural Habitat Preserve Areas, after the i appropriate environmental review. 8. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, after the appropriate environmental review. 9. Any other accessory use deemed compatible by the Development Services Director. 3.4 DEVELOPMENT STANDARD~ A. Table I sets forth the development standards for land uses within the Zurich Lake Villas. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, setback is measured from the road easement or property line. (a) Carports are permitted within parking areas. (b) Garages are permitted at the edge of vehicular pavement. io TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE-FAMILY TWO-FAMILY MULTI-FAMILY Minimum Lot Area 10,000 Sq. Ft, 5,000 Sq. Ft. 4,000 Sq. Ft. 1~ (per unit) Minimum Lot Width 80' Interior Lots* 50' Intedor Lots* 100' 95' Comer Lots 60' Corner Lots Front Yard Setback ' 25' 20' 20' Tract Boundary Side Yard Setback ,7.5' 0' & 10' or both 5' 20' Tract Boundary Rear Yard Setback: Principal Structure 20' 20' 20' Tract Boundary Accessory Structure 10' 10' 10' Tract Boundary PUD Boundary Set- (See below)"* (See below)** (See below)** back Lake Setback 20' 20' 20' Natural Habitat Pre- serve Area Setback 25' 25' 25' Distance Between 15' 10' Greater of 20' or 1/2 Principal Structures sum of the heights Maximum Height: Principal Building 35' and 2 stories 35' and 2 stodes 35' and 2 stories Accessory Building 20'/Clubhouse 25' 20'/Clubhouse 25' 20'/Clubhouse 25' Minimum Floor Area 1600 Sq. Ft. 1250 Sq. Ft. 1 bedroom = 900 Sq. Ft./2 Bedroom = 1250 Sq. Ft./3 Bed- room = 1400 Sq. Ft. Minimum carport or 2 car garage 1 car garage 1 car carport space garage per unit or 1 car garage *May be reduced on cul-de-sac lots. **South PUD Boundary (Parcels 2 - 4) = 40' West PUD Boundary (Parcels 1 o 2) = 40' North PUD Boundary (Parcels 1 - 2) = 25' North PUD Boundary (Parcels 3 - 4) = 40' East PUD Boundary (Parcel 4) = 150' 11 B. Off-Street Parkinq and Loading Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. C. Open Space/Natural Habitat Preserve Area Requirements: 1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code. shall be provided I on-site. 2. A minimum of twenty-five (25) percent of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contimorous area possible, shall be retained on-site, as described in Section 3.9.5.5.3 of the Land Development Code. 3. Each site development ptan submitted to Collier County shall demonstrate that development of the PUD is in compliance with the sixty (60) per cent open space and twenty-five (25) percent natural habitat preserve area minimum requirements. D. LandsCaping ancl. Buffedng Req.uir~ments: 1. A berm, barre/rock, barre/wall, or ben'n/fence combination, shall be provided by the developer adjacent to the Interstate 75 Right-of- Way, no later than the time that parcels I and 2 are developed. Such berm, berm/rock, berm/wall, or berm/fence combination shall have a height between three and one-half (3.5) and seven (7) feet above the elevation of the nearest northbound travel lane of Interstate 75. Such buffer may have occasional openings to provide glimpses of the project from Interstate 75. In order to maximize secudty and minimize impacts on existing trees, fences or walls may compose up to eight (8) feet in height of any barre/wall or herre/fence combination. 2. In order to minimize impacts on existing trees, the required ten (10) foot wide level planting area in front of the ben'n, as described in Section 2.4.4.1.8.1 of the Land Development Code, can be reduced to five (5) feet in width or become part of a front slope at 3:1 where such berm or berm combination is five (5) feet or less in height and such berm is adjacent to wetland preserve areas or natural habitat preserve areas. 3. If landscape buffers are determined to be necessary adjacent to preserve areas, they shall be separate from preserve areas. 4. Where two separate multi-family projects within the PUD abut each other, buffering and screening between them shall not be necessary, due to the unified architectural theme throughout the entire PUD, as described within Section 3.4E. of this PUD Document. Where a single-family project within the PUD abuts a multi-family project within the PUD, a single ten (10) foot buffer shall be provided between them, with trees provided at twenty-five (25) feet on center and a single five (5) foot high hedge row also provided within such buffer. Such trees and shrubs shall meet the standards for plantings, as described within Section 2.4.4 Plant material standards and installation standards, of the Land Development Code. 5. A minimum of thirty-three (33) percent more trees than normally required for multi-family developments, as described in Section 2.4.6.2 of the Land Development Code, shall be provided within pervious areas (landscaped areas exclusive of buffers and parking lot landscaping). E. Architectu. ral Standards 1. All buildings, lighting, 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 colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. Exclusive of single-family detached homes, all buildings shall be primarily finished in light subdued colors with stucco except for decorative trim. Within multi- family portions of the project all roofs, except for carports, shall be peaked and finished in tile or metal. Within any single-family portions of the project, all roofs shall be peaked and finished in tile, metal, or architecturally-designed shingles (such as Timberline). 2. All pole lighting, internal to the project, shall be: architectural- designed, limited to a height of thirty (30) feet, and similar architecturally to one of the lighting fixtures shown on Exhibits 'C" or 13 F. Si_a_ns Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code, except as described in the following instances. 1. Up to two (2) ground or wall signs shall be permitted at the main entrance to the PUD and located within the interior of the PUD. Such sign(s) shall contain only the name of the entire 44.36+-acre PUD project, names of individual communities within the PUD project, and insignia or mottos of the development. Such ground or wall sign(s) shall be similar architecturally to one of the signs shown in Exhibits 'E' or "F" and architecturally compatible with the unified architectural theme of the entire PUD (as described in Section 3.4E. of this PUD Document). Said ground or wall sign(s) shall not exceed a combined area of sixty-four (64) square feet, and shall not exceed the height or length of the wall upon which it is located. 2. A ground sign shall be permitted along the western PUD boundary. Such sign shall contain only the name of the entire 44.36+-acre PUD project and shall be architecturally compatible with the unified architectural theme of the PUD (as described in Section 3.4E. of this PUD Document). Exclusive of landscaping, such ground sign shall not exceed an area of twenty-four (24) square feet. 14 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 4.2 GENERAL, All fadlities 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 ti'.!,s 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 otheN/ise. the standards and specifications of the offidal 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, any successor in title or assignee is subject to the 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 !and use boundaries or spedal 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. 15 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) or two (2) phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Cede. B. Monitodn.q Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Cede. 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 Cede. Division 3.2. Subdivisions. 4.6 WATER MANAGEMENT A. A copy of the South Flodda Water Management Distdct (SFWMD) Surface Water Permit application shall be sent to Collier County Development Services with the SDP submittal. B. A copy of the SFWMD Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. C. An Excavation Permit will be required for the proposed lake in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD rules. D. Lake setbacks from the perimeter of the PUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. 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 16 County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. B. Except on an interim basis, for structures such as sales trailers and models, the project shall be required to hook-up to and utilize public water and sewer facilities. 4.8 TRAFFIC A. The developer shall be responsible for extending 18th Avenue NW to the project site, including a bridge across the canal that is located just east of the site, prior to the issuance of any Certificates of Occupancy for the project., The developer shall also be responsible for a left-turn lane and a right-turn lane along Oakes Boulevard for traffic turning west onto 18th Avenue NW. B. All turn lane improvements committed to by the petitioner shall be in place prior to the issuance of any Certificates of Occupancy for the project. In addition, if, in the sole opinion of the County, the petitioners construction traffic is shown to cause a safety or operational problem at the intersection of 18th Avenue NW and Oakes Boulevard, the County may require said turn lanes to be installed in advance of the petitioner's scheduled construction for the project. C. The applicant shall be responsible for the installation of arterial level street lighting at the project entrance. Such lighting shall be constructed so as to shield adjacent residential uses from glare and direct light spill. In addition, street lighting levels at the intersection of 18th Avenue NW and Oakes Boulevard shall be augmented by the petitioner so as to be consistent with artedal standards. Such lighting improvements shall be in place prior to the issuance of any Certificates of Occupancy for the project. D. The project may be required to proceed in phases beyond 1999 if the Level of Services (LOS) of any roadway within the Radius of Development Impact (RDI) falls below the minimum standard set forth in the Growth Management Plan. The petitioner may, however, provide additional capacity, such as additional turn lanes at intersections or traffic signals, if warranted, in advance of when the County would otherwise have programmed any such improvement. 4.9 .PLANNING 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 17 historic or archaeological artifact is found. all development w~thin the minimum 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. B. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Whc,'e protected species are observed on-site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. C. 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/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. D. Buffers shall be provided around wellands, 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. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Flodda Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservatioNpreservation areas, shall be submitted to Current Planning Environmental Review Staff for 18 review and approval prior to Final Site Development Plan/Construction Plan approval. 19 EXHIBIT DEPICTION OF ARCHITECTURALI.Y DESIGNED POLE LIGHTING EXHIBIT DEPICTION OF PROJECT ENTRY SIGN EXIilBIT "F" DEPICTION OF PROJECT ENTRY SIGN 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. 97-34 Which was adopted by the Board of County Commissioners on the 5th day of August, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 8th day of August, 1997. DWIGHT E. BROCK .' · ~. ' ..... , · Clerk of courts EX-offiCiO to Board'. o'f' County commissiode-~'W Deputy Clerk '.., ..' " .... ·, .', .'