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Ordinance 96-79 ORDINANCE 96-79 /,-1!. ' . . <, ~ . AN ORDINANCE AMENDING ORDINANCE NUMBER · .- .-' 91-102, THE COLLIER COUNTY LAND .. ~'i~ ~..:.~ DEVELOPMENT CODE, WHICH INCLUDES THE · ~'~,%~ COMPREHENSIVE ZONING REGULATIONS FOR THE ' . INcoRPo TE COLLI CO T , _'. ' ~ Q FLORIDA, BY AMENDING THE OFFICIAL ZONING .-' ATLAS MAPS NUMBERED 1603S,1603N, 1604S and 1604N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS EAGLE CREEK, FOR PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF TAMIAMI TRAIL SOUTH (U.S. 41) AND ISLE OF CAPRI ROAD (S.R. 951) BEHIND THE EAGLE CREEK SHOPPING CENTER, IN SECTIONS 3 AND 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTIN~ OF 298 ACRES; PROVIDIN~ FOR THE .REPEAL OF ORDINANCE NUMBER 91-113, AS AMENDED, THE FORMER EAGLE CREEK PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robin Blandy Carver, AICP, of Wilson, Miller, Barton & Peek, Inc., representing Eagle Creek Properties, Inc., 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 Sections 3 and 4, 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 1603S, 1603N, 1604S and 1604N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. Ordinance Number 91-113, as amended, known as the Eagle Creek PUD, adopted ~:n December 17, 1991 by the Board of County Commissioners of Collier is hereby repealed in its entirety. -1- This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of ~ol~ier ~o~nty, ~orida, thi,// day of AT~EST.~ .... ... ~ ,'- BOARD OF COUNTY CODO~ISSIONE'RS ~wzc~ ~-. e~oc~; c{~4x co,.,.zm~ co~, ..... >...,.,. ;..., .-.., Z .. , ...:, ;' , ',: ~...' . · ..: / i~PPRDVED A-q"TO rOR~ AND ""',,, ....... " " Th;s , B,t._~. ~.~ PUD-8~-8 (5) O~DIHJLt~cB/18(0~ -2- EAGLE CREEK COUNTRY CLUB A ! PLANNED bN1T DEVELOPMENT Prepared for: EAGLE CREEK PROPERTIES, INC. PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane at Airpon Road Naples, Florida 24105 November, 1996 Revisions: Section 1.01 Section 1.02. Item 't Section 2.06 Section 2.07 Section 3.02 Section 3.07. Items C. 3. and P. DATE ISSUED: DATE APPROVED BY CCPC: Nov. 21. 1996 DATE APPROVED BY BCC: 12/10/96 ORDINANCE NUMBER: 96-79 EXHIBIT 'A' SECTION I , GENIEPAL DEVELOPMENT INFORMATION 1.01 INTRODUCTION AND PURPOSE II is the intent of Eagle Creek Properties, Inc.; here~na~er cafied "applicant" or "developer"; to establish and develop a Planned Unit Development (PUD) on approximately 298± acres o~'property located in Collier County, It is the purpose of' this document to provide the required standards and to set forth g~idclines for the future development of the s~bject property. 1.02 STATEMENT OF COM'PLI,,~CE The development o[' apprcrximately 298:!: acres ofproper~ in Sections 3 and 4, Township 51 South, Pange 26 East, Collier County, Florida, as a Planned Unit Development, will be in compliance with the planning goals and objectives o~' Co~ier County as set Forth in the Comprehensive Plan. The residential development and associated recreational ~'acilities ol Eagle Creek will be consistent with the growth policies, land development regulations and applicable Comprehensive Plan Documents For :he following reasons: I. The Eagle Creek development is compatible and complimentary to the surrounding land uses. 2. improvements are planned to be in compliance with applicable regulations. 3. The Eagle Creek development will result in an efl~clent and economical extension of community facilities and services. 4. Poli~ 5. I ot' the Collier County Growth Management Plan states that changes to Planned Unit Developments wkich have been decern'dned to be "improved", provided those changes do not represent an increase in the density or intensity use, shall aJso be deemed consistent. Section 5.9 states that properties which do not conform to the Future Land Use Element but are improved shall be deemed consistent with the Future Land Use Element. The Eagle Creek PUD, with a proposed maximum gross project density of i .58 units per acre does not exceed the maximum allowable density of 3 units per acre, permitted by the Future Land Use Element SECTION II , PRO~ECT DEVELOPMENT STANDARDS 2.01 PURPOSE The purpose or this Section is to generally describe the plan of' the development and delineate the general conditions that will apply to the project. 2.02 (~ENERAI. PLAN OF DEVELOPMENT Eagle Crock is a planned residential community, wt~ch includes a mixture of rcsidentiaJ uses, a 8olr course, tennis center, and preservation areas. 2.03 CO}vfPLIANCE WITH APPLICABLE ORDINA~NCE~ Eagle Creek is intended to bc in ;ubstantlal compliance whh the applicable Collier County general zoning and subdivision regulations as well as other Collier County development codes in cfrcct at Ihc lime permits and/or plats arc requested. 2.04 FRACTIONALIZATION OF TRACTS a.) When the developer lells an cntlre Tract or · building parcel (rraclion ora Tract) to a subsequent owner, or proposes development or ;uch propmy Mmself, the developer shall provide to the Administrator for approval prior to the ~a]e or development or such property, a boundary drawing showing the tract and the building parcel therein (when applicable) and in the case ora residential area, the number oralwelling units or each residential type assigned to the property. b.) In the event any ResidcntiaJ Tracl or building parcel is ~old by any ;ubsequent owner, as identified in Section 2.04(a), in fractional pails to other panics for development, the subsequent owner shall provide to the Administrator, for approval prior to the sale or development of a fractional part, · boundary drawing showing h~s originally purchased tract or building parcel and the r~'actional par~ thcrc~n and the number of dwelling units assigned to each of the fractional parts. The drawings shall also show the location and siz~ or access to those fractional parts that do not abut a public street. c.) The developer of any Tract or building parcel must submit at the time of application for a builcling pom~t, a detailed plot plan rot his tract or parcel. Such plot pla~ shall show the proposed location or all bui|ding.t, ~,,cess roads, offstreet parking and off.street Io~.ding areas, refi~se and service areas, required yards and other open spaces, Iocation~ rot utiliti~ hook-up, scrc~,-n~ng and buff~'ing, signs, lighting, landscape pla~, other accestory uses and structur~ taxi in residenth/areas, the dlstn'bution oralwelling units among the proposed structures, as may be appropriate. d.) In evaluatiHg the fractionaliz~tion plans the Administrator's decision for approval or denial shall be based on compliance with the criteria and the development intent as set forth in this document, conformance with allowable numbers of residential units and the reasonable acccss~ility of the fractional parts to p~blic or private roadways, common areas, or other means oringress and egress. e.) If appr.'~vaJ or denial is not issued within ten (I0) working days, the submission shall be considered automatically approved. 2.05 ~ When site plan approval is desired or require~ by this document, the following procedure shall be followed: A written request for site plan approval shall be submitted to the Director for approval or denial. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document. Such material may include, but is not limited to the following, where applicable: A) Site plans at an appropriate sca/e showing proposed placement of structure~ on the property; provisions for ingress and egress, offstreet parking and offstreet loading areas, yards and other open spaces. B) Plans showing proposed locations for utility hookups. C) Plans for screening and buffering. D) Plans for proposed signs and lighting, E) in the case of cjustered buildings and/or zero lot line homes with common architectural theme, required property developm~t standards may be waived or reduced provided a site plan is approved under this section. 2.06 LAND USE DISTRIBUTION AND DENSITY Eagle Creek consists of residential development tracts, a golf course, cypress and mangrove prc~rvc tracts, and a tennis center. The maximum number of dwelling units to be built on the !otai acreage is 470. The number of dwelling units per grog acre is approximately 1,58. The density on individual pucels of land throughout the project may vary according to the type of housing placed on each parcel of land. The following 'table is a schedule of the intended land use types, with approximate acreages indicated. The arrangement of these la~d use types is shown on the PUD Master Plan. Minor changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation amd other site conditions. APPROXIMATE LAND USE DISTI~BUTION LAND USE APPROXIMATE DES I GNATION ACREAGE RESIDENTIAL Tract A 3.5 Tract B I 3 Tract B2 2.0 Tract B3 2.0 Tract B4 6.0 Tract B5 4.0 Tract C i $.0 Tract D 21.0 Tract E I 1.0 Tract F Tract G! 3.5 Tract G2 3.0 Tract M 13,.0 Total Residential 98.5 GOLF COURSE Tract Golf Course East 70.5 Tract Golf Course Wcst 66.0 Tract H 7.0 Trz~l CH Total Golf Course 149.0 CYPRESS PRESERVE 11.0 MANGROVE PRESERVE 1.0 TENNIS CENTER, Tract I 4.5 TRACT R 7.5 DRAINAGE EASEMENT North Tract 2.5 South Tract 17.5 East Tract 6, ~ Total Drainage Eagement 26.5 TOTAL EAGLE CREEK ACREAGE 298:1: Acres * Acreal~es have been rounded to the neares~ .5 acre. 2.07 pERMITTED VARIATIONS OF pWELLING UNITS Permitted residential unit types may be mixed within Residential Tracts provided that total number of dwelling units shall not exceed 470. 2.08 RESERVATION OF NATURAL VEGETAT.,.ON AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the approved PUD Master Plan and applicable Collier County Development Codes. 2.09 EASEMENT FOR UTILITIES Easements shall be provided for water management ate. a, utilities and other purposes as may be needed. Said easements and improvements shall be done in compliance with the Collier County Subdivision Regulations, or its successor provision. All necessary easetnents, dedications, or other instruments shall be granted to insure the continued operation and compliance with applicable regulations in effect at the time approvals are requested. 2.10 TEMPORARY STRUCTURES During project construction lemporary structure~ ~te permitted within all tracts of Eagle Crock. Said structures may be utilized as temporary ~lministrative offices, temporary sales offices, temporary pro shop, temporary constructior~ offices and other similar uses. 2. I I EXCEPTIONS TO THE COLLIER COUNTY SUBDMSION REGULATION, OR ITS ~;UCCESSOR PROVISION The following requircrnent shall be waived: Article X, Section 16: Sidewalk} (Waive requirement for sidewalks on both aides of all collection streets, on one side of each marginal acces! street and local street). Walkway and/or bicycle path locations will be indicated on the project construction plans when those are submitted to the County for approval. Article X, Sectlon 19: Stree~ Name Markers and Tra~c Control Devices. Street name sips shall be a'pproved by the County Engineer but not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Tra~c Control Devices. Street pavement painting, striping, and reflective edging requirements shall be waived. Article XI, Section I0: Monuments where such monuments occur within street pavement areas, they shall be installed in a typical water valve cover, as prescribed in the current County standards. Article XI, Section 17F & G: Street fight-of-way and Pavement widthS. For stree~ right- of-way and pavement cross-section see Construction Drawings, WMBS&P No. D264. Article XI, Section 17H: Dead End Streets. Such streets shall not exceed one thousand (1,000) feet in length. Article XI, Section 17I: Curb Radii. (Waive requirement for forty (40') foot radius to thirty (30) feet at local to local road intersections only). Article XI, Section 17I: Intersections requirir:g curved streets to have a minimum tangent of one hundred (I00) feet at intersections. Article XI, Section 17K: g~r~erse Curves. Tangems between curves on all streets shall be at least one hundred (100) feet in length. Atlicle XI, Section 21: U.&i]jXLCaljag~ Appendix "D", Local Road Tv~_ical Sections. 2-5 SECTION Ill RESIDENTIAL DEVELOPMENT 3.0! pURPOSE The purpose of this Section is to set forth the regulation for the area designated on the PUD Master Plan, as Residential. (Tracts A, B! , B2, 134, BS, C, D, E, F, G] , G2, and 3.02 MAXIMUM DWELLING UNITS A maximum of 4?0 dwelling units may be constructed in all of the Residential parcels. 3.03 PERMITTED USES AND STRUCTURES No building or structure, or part thcreo~ shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures in Tracts A. B1. B2. B3. B4. BI5. C. D. E- F. G I. 02 and M: I. Zero lot line homes, detached and atlached. 2. Villa, cjuster homes and townhouses. 3. Low rig multi-family dwellings and garden apartments. B. Permitted Accessory_ Uses and Structures in all Residential Tracts: I. Customary accessory uses and structures, including but not limited to private garages and private sv~mming pools. 2. Signs ts pm'nitted by the Collier County Zoning Ordinance, or its successor prov/sion in effect at the time permits are requested. 3. Model homes shall be p~rmitted in conjunction with the promotion of the development. Such model homes shall be permitted for a period of two (2) years from the initial use as a model. The Administrator may authorize the extension of such us~ upon written request and justification. ~ following Sections 3.05, 3.06 and 3.07 ~et forth the development startduds for permitted uses,within Eagle Creek Country Club. Standards for landscaping, signs. parking and other land uses not specified herein see to be in accordance with Collier County Zoning'Regulations in effect at the time permits see requested. Unless otherwise indicated, setback, height, and floor area stanctseds apply to princlp./structures. 3.05 T D 0 A.~ Six thousand (6,000) squsee feet B.~]~ Filly-five (55) feet as measured nt the front yard setback line. One thousand (i,000) square feet D.~ Front yard - 20 feet as measured from the back of curb or edge of pavement. Side yard - 0 feet or I0 feet Rear yard - 0 feet or 20 feet for principal structure, 0 feet for accessory structures except that accessory structures in Tracts 'F' and 'K' ~long the PUD boundary shall comply with the requirements ~s listed in the Zoning Ordinance. Residential structures may be constructed over water management/lake seeas. E. Maximu'li.1;~ Two living stories 3 .(2)6 VILLA. CLU~TER HOME AND TOWNHOME DEVELOPMENT A. Minimum Buildin~ Parcel The minimum building parcel ahall be three thousand (3,000) square feet multiplied by the numb~ ofunit$ on the parcel. B. ~ Nine hundred (900) square feet. C. Minimum Distances I. The minimum distance of any dwelling unit from any fractionalization parcel boundaxy line, right-of-way line, back of curb or edge of pavement ahall be twenty (20) feet. Residential structures may be constructed over water management/lake arm. 2. The minimum distance between principal structures shall be either 0 feet or 10 feet. 3. There are no minimum distances for accessory structures, except that accenofy structures in Tract$ 'F' and 'M' along the PUD boundary ahali comply with the requirements t, listed in the Zoning Ordinance. D. Maximum Building Height Two living stories 3.07 LOW RISE AND GARDEN APARTMENT DEVELOPMENT A. Minimum Building Parcel The minimum building parcel ahall be one acre. B. Minimum Floor Area Seven hundred twenty five (725) square feet. C, Minimum Distances I. Them~inlmum distance of any low ri~e or garden epartment build~n8 ~'om am/ fractionalization parcel boundan/line, right-otr-way line, back ot' curb or edge orpkvement shall be fifteen (15) feet. Residential structures may be built over water ma~agement/lake arm. 2. The'minimum distance between principal structures shaJl be one haJr(I/2) the sum'of their heights, except in Tract 'M-2', where it shaJl be thirty reet (30') 3. There are no minimum distance~ for accessory structures, except that accessory structures in Tract 'M-2', as shown on Er~'bit B, along the PUD boundary shah be ten feet (10'), and Tracts 'F' snd 'M-!' along the PU'D boundary shall comply with the requirements as listed in the Zoning Ordinance, or its successor provision. D. Maximum guildin_e H~t 'rnree living stories. Four living stories in Tract 'M-2', as ~',~own on Exhibit B. SECTION IV GOLF COLr~SE 4.01 PURPOSE The purpose of this Seaion is to set forth the regulations for the ~rea designated on the PUD Master Plan, as Golf Course, to include Tracts "GC East", "GC West", "CH" and 4.02 D ' No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, rot other than the forloving: 1) Golf Course 2) Clubhouses, pro-shop, practice driving range and other c~stomaty accessory uses ofgolrcourses. 3) Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons or the golf course, subject to the provisions of the applicable supplementary regulations of the Zoning Ordinance, or its successor provision. 4) Signs as permitted by lhe Collier County Zoning Ordinance, or its successor provision in effect at the time permits a~e requested. S) A maximum of two (2) residential units in conjunction with the operation of the golf course as determined to be compatible with the adjacent uses as determined by the Admini~rator. 6) Golf Course ma;ntenance. 7) Essential services, including on-site wa:er and wa.,newater treatment facilities. 8) Water Management/Lakes. 0, B. Pertained U~e$ in Tracl H. !) Golf Course driving range 2) A~'residenfial use permitted under Section II! of this document. 3) Signs u permitted by the Collier County Zoning Ordinance, or its successor provision in effect at the time pertnits a~e requested. # i~M-W4UmOJS'Zl.M SECTION V TENNIS CENTER 5.01 The purpose or this Section is to set forth the regulations for the areas designated on the PUD Master Plan, as Tennis Center. 5.02 PERMITTED LSSES AND STRUCTURE~; No building or structure, or part thereat, shah be erected, altered or used, or land or water used, in whole or in part, for other than the following: l) Tennis Clubhouse, pro shop, tennis center accessory buildings and other customary uses associated with recreation centers. 2) Small commercial establishments, indudln8 gil~ shops, termja equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the Tennis Center, subject to the provisions of the applicable supplementary regulations oFthe Zoning Ordinance, or it su,';cessor provision. 3) Shuffleboard courts, tennis courts, r, vimming pools, beaches, and other types of' facilities intended for recreation. 4) Signs as permitted by the Collier County Zoning Ordinance, or ks successor provision in effect at the time permits are requested. 5) Water Management/Lakes. 5.03 PROPERTY DEVELOPMENT CRITERIA A. Overall site design shall be harmonious in terms of landscaping. enclosure of structures, location of access ~reets and parking areas and location and treatment of B. Tennis Courts sh,t[l be setback · minimum or flve (5) feet ~'om abutting R~sidentia] Tracts. Tennis Center principa] building shah be ~ back · minimum orthirty (30) feet 6'om abutting Residential Tracts. Tennis Center accessory buildings shall be set back a minimum often (I0) feet from sbt,'tting Residcntlal Tracts. The tctmis center building setbacks sh~]! be measured ~'om the building, s, exclusive or any root evenhang or decking, to the tract boundary. Tennis Center structures may be constructed ove~ watcr managcrncn~ake areas. C. Buildings shaJl h~ve a maximum hcight orthree stories. D. The minimum building separation shaJl be one-h~r the sum of the hcights or ndjoining buildings, but not less than twenty (20) feet. E. Lighting shall be an'angcd in a manner which will protect roadways and neighboring properties from direcl glaze or other interference. SECTION VI , PRESERVE AREAS 6,01 PURPOSE ' The purpose of this Section is to set forth the regulations for the area designated on the PUD Master Plan, as Cypress Preserve and Mangrove Preserve. 6.02 PEP,.M1TTED USES AND STP, UCTIJRES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the fo~awing: 1. Nature trails, boardwalks, shelters, etc. 2. Nature preserves and wildlife sanctuaries. 3. Water Management Facilities. 4. Any other activity which is comparable in nature with the foregoing uses and which the Administrator determlne~ to be compat~le in the District. SECTION VII DRAINAGE EASEMENT 7,01 PUP, POSE The purpose of this Section is to set forth the regulations for the area designated as Drainage ~cnt. 7.02 PERMITTED r. JSES AND STRUCTURES No build{ng or s~ructurc, or part thereof, shall be erected, aJtered or used, or {and or water used. in whole or in pan. for othe~ !han the following: I. Water Managemen~lak, 2. Canals 3. Water Management Structures 4. Brjd~es Structures to faciliurc access ~o RcsidenGai Tr~s. SECTfON VIII GENERAL DEVELOPMENT COMMITMENTS 8.01 PUP~OSE The purpose ofthls Section is to set forth the standards for the development of Eagle Creek. 8.02 The Development sha/l comply with applicable code~ and regulations. 8.03 A. The PUD Master Plan (WHSOn, Miller, Barton, Soil & Peek, Drawing File No. RZ- i 17a) is an iljustrative preiiminat~' development plan. B. The design criteria and layout iljustrated in the PUD Master Plan shall be understood as flexible so that the final design may beat utisf~ the project and comply with all applicable requirements. C. Minor design changes, shall be permitted ~ub, iect to County ~taff administrative approval. 8.04 A. A site clearing plan be submitted to the Natural Resources Manag~nent DeparTment and the Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases Io 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 shalI be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources ~fanagement Department and the Comznunity Development Division for their review and approval. This plan wii| depict the incorporation o{' native species and their mix with other species, if any. The goal or' site landscaping shall be the re- creation o{' native vegetation and habitat charactedstlcs lost on the site during construction or due to past activities. C. All exotic plants, as defined in the County Code, shall be removed during each phase of' construction from development areas, open space ateas, and preserve areas. Following site development a maintenance program shah be implemented to prevent reinvasion of the site by such exotic species. This plan, which wit| describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Development Division. D. if durine{ the course ol" site clearing. excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shah be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a su~cient length of time to enable the Natural P. esources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Managen~ent Department will respond to any such notil~cation in a timely and clericlent manner so as to provide only a minimal interruption to any constructional activities. 8,05 ~ a. A central water rapply system shall be made ~lable to the project. The water supply source for the projec~ shall be lbe Comer County system. b. The proJec~ shall be served by a centsal w~ewatet collection system. A County approved, on-site or otTosile wzmewaler treatmeal and disposal facilities sh~ be approved and/or made available. c. All systems shall be coordinated and approved by the Utilities Division prior to their installation. d. Applicable County Ordinances relative to water and sewer system development charges shall be complied with. e. Utilities shall be provided to comply with applicable Ordinances in effect at the time permits requested. f. Construction p!~.ns and specifications shall be submitted to the County Utility office prior to the slart o[' any utility construction. g. Appropriat~ utility easements shah be crer. ted and/of dedicated as may be required by applicable regulations. h. Telephone, power and T.V. cable service shall be made available to all residential units. All such utility lines shall be installed underground. i. The Utilities Division stipulation per their memo dated July 9, 1985 ate incorporated herein by reference, 8.06 TRANSPORTATION IMPROVEMENT 1. Subject to F.D.O.T. approval, the developer or his succes,'~of in title shall provide the following at his own expense: A traffic signal on S.R. 95 ! when deemed warranted by the County Engineer. After installation, the signal sh~ be owned, operated, and maintained by Collier County. 2. The developer shall dedicate a thirty (30) foot wide fight-or-way easement, if such easement does not already exist, measured from the centerlines ot' the portions ot' B~doot Williams Road and Tower Road which abut Eagle Creek. ,~,,,-,- w4~ r,m,~ 'r~ 8-3 3. AJ] traffic control devices used, excluding street name sip, shall conform with the Manual on U~'orm Tra~c Control Devices. 4. It', st the time of 4-lanin8 of S.tL 951, additional right-of-way is required from the Eagle Creei~ property, tbe sunoust of right-of-way to be dedicated for tbe four-laniNg of S.R, 951 sha/I be determined u follows: If an tubas section is to be constructed (curb and gutter with storm drainage/ystern), the Petitioner will dedicate 40 feet of fight-of-way; if a rural section is to be consU'ucted (swales and drajnage ditches), the Petitioner will dedicate 40 feet of rift.of. way and shall make available for purchase at fair market ~,alue an additional 45 feet of'right-of-way. 8.07 FTFe, E STATTON CONSIDERATIONS The Developer, in conjunction with the Deltona Corporation and the Owner of the Riverbend development to the south of Eagle Creek, agrees to provide a fire station building erected Io the specifications otr the Fast Naples Fire Department. The contriSution of Eagle Creek Properties, the Deltona Corporation and the owner of said P, iverbend development is described by written agreement. The fire station building shall be construeted prior to the issuance of'any residential living unit Certificate of Occupancy or any commercial Certificate of Occupancy within Eagle Creek except that Certificates ot'Occupancy t:ay be issued for Eagle Creek's maintenance bt~ilding and for Eagle Creek's model home units prior to the construction or' the fire station. Building permits i~or Eagle Creek may be issued prior to the construction o1' the fire station building. $.05 WATER MANAGE~ An updated w~ler n~tnallement m~Jylis of the entire cft~nlge lyllern gn4ng the proposed Trad 'M' shall be mbmittcd to the Water Management Director for rcview and N~pronJ. No Constructi6n permits shall be issued unless and until ~pptoval of the proposed conslrucdon, in sccordanc~ with ll~ submltted plan, is granted by 8.09 ELECTIONS POLLING PLACE Eagle Creek ~ provide · poring place within t!~ Eagle Creet PUD. pdmm~ Eagle Creek residents, if determined to be needed by the Supervisor of'~ $. I 0 MQN]TORING REPORT An amnual monitoring report shall be submittal pureant to County Zoning Ordintnce 82-2, or its successor. STATE OF FLORIDA) ! COUNTY OF COLLIER), I, EMIGHT E. BROCK, Clerk oZ Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a tru& copy of: ORDINANCE NO. 96-79 Which was adopted by the Board of County Commissioners on the 10th day of DecemBer, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of December, 1996. DWIGHT Z. BROCK /' :".'~ ':~ ,'. Clerk of Courts an~.C.ferk .' - F.x-officio to Boar~_ ~f -. County Co~issione~s: -. =.." Deputy Clerk '.., ........ . ........ :