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Ordinance 93-09~.= :.c ORDINANCE NO. 93 - 9 AN ORDINANCE AMENDING ORDINANCE NUMBER ,' . 91-102 THE COLLIER COUNTY LAND ~ '';~ ~'~ : D~E~PMENT CODE ~ICH INCLUDES THE ='l~ ~.. , ~'~ CO~REHENSIVE ZONING REGU~TIONS FOR THE ,~ ~INCO~O~TED ~ OF COZIER CO~TY~- ~,,,... ~ ,. F~RIDA BY ~ENDING THE OFFICIAL ZONING "' AT~S ~P ~BER 9502N~ BY C~GING THE %~,.n~. ~.~ ZONING C~SSIFICATION OF THE ~EREIN -. DES~IBED R~L PROPERTY FROM A ~D CF WITH PROVISIONAL USE "k" FOR A TENNIS FACILITY (NOW ~0~ AS CONDITIONAL USE) . TO "PUD" P~NED ~IT D~E~PM~T KNO~ AS ~ FONT~A PUD FOR A C~E ~IT CONSISTING OF A ~XI~ OF 120 GROUP HOUSING ~ITS, FOR PROPERTY ~CATED ~PROXI~TELY 600 FE~ WEST OF AI~ORT-P~LING ROAD (C.R. 31) ~D ~PROXI~TELY ~0 (2) MILES SO~H OF I~O~LEE ROAD (C.R. 846) IN SE~ION 2, TO~SHIP 49 SO~H. ~GE 25 ~ST, COLLIER CO~TY, F~RIDA, CONSISTING OF 9.99! ACRES~ ~D BY PROVIDING ~ EFFE~IVE DATE. ... ~S, Thomas E. Killen of Thomas E. Klllen~chttect, .. representing Life Care Management of SW Florida. L.C., on behalf of Vanderbllt Beach Road Tmst', petittoned the Board of County Co~1sstoners to change the zoning classificatlon ,'.-: of the herein described real property; NOW, TH~EFORE BE IT O~AINED by the Board of County Co~issloners of Colller County, Florlda: ~e Zoning Classifications of the herein described real property located in Section 2, To~shlp 49 South, Range 25 East, Collier County, Florida, are changed from A and CF with Provisional Use "k" for a tennis facility (now kno~ as Conditional Use) to "PUD" Planned Unit Development in accordance with the ~ Fontana PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 9502N, as described In Ordinance Number 91-102, the Collier County Land Development Code, ~ hereby amended accordingly. -~- This Ordinance shall become effective upon receipt of notice from'the. S~c. ratar~i~f State' that this Ordinance has been flled:.i~!.t.h: the secretary of state, PASSE~'.AND<DULY ADOPTED by the Board of County Commission~s.0f.l.C011..ieFiCounty, Florida, this 16th day o.f February ~=.i ?':' "'e:':" 7l.~'.~'i' .... !ZBOKRD OF COUNTY CO~ISSIONERS . ~ ~, ATTEST U f'j.~,,: / Y This oralnonce fi~-,t wlth ~:.~ .::, · ':'.~,', LA FONTANA PUD ' A PLANNIlE) UNIT DKVBLOPMIENT ""' REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING LA FONTANA PUD A PLANNED tINIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) PREPARED FOR: .;, LIFE CARE MANAGENENT OF SOUTHWEST FLORIDA, L.C. · '!. :- NAPLES, FLORIDA '[~' PREPARED BY: ! ~-: ~" THOMAS E. KILLEN', ARCHITECT P.O.BOX 1444 ,;T NAPLES, FLORIDA 33939 ,.~'. (813) 643-2727 EXHIBIT ;: DATE FILED: 08/07/92 ;' DATE REVISED:: 02/16/93 .' DATE REVIEWED.BY CCPC: 01/21/93: ::. DATE APPROVED BY BCC: 02/16/93 : ORDINANCE NUX~ER: 93-9 , 358 : ~,. SUBJECT_ PAGE NUMB~ t. I~RODU~O~ 8TA~ 1 SE~ION I PROP~ ~HIP ~ DES~IPTION SE~ION II PR~E~ D~LO~ ~QUI~S 5 SE~ION III ~SID~IAL ~S P~ 9 ""] P~ ~ST~ P~ A~A~ .~,:,, .... ,. r~ ~o~, 059 ~,~.~ 359 '.' ..~ INTRODUCTORY STATEMENT J The purpose of this statement is to express the intent of the owner, Life Care Management of Southwest Florida, to commence development of a residential Planned Unit Development (PUD). It is the intent of Life Care Management of Southwest Florida, L.C., to develop an architecturally unified residential establishment on the project site that is on the concept of arrangement and unified control that is aesthetically pleasing and functionally efficient. It will allow an efficient pattern of internal circulation to be established with limited points of vehicular ingress and egress. These functional and aesthetic advantages, which cannot be provided in the conventional residential development configurations, have been maximized and shall be sustained in the approval of this Planned Unit Development. The Planned Unit Development shall be illmired to specific residential uses which are compatible and !inter-related to the business operation of a condominium residential development. It the intent of Life Care Management of Southwest Florida, L.C., ~o continue development in accordance with the regulations of this .'.. Planned Unit Development. It is the purpose of this document to set '. forth the complete plan, regulations, and conditions of development along with other information required in accordance with the PUD . .. Ordinance. : . ~'~ ,oo 059 3'60 '- :. · .!. I STATEMENT OF COM~LIANCE'~-. The development of approximately 9.994 acres of property in Collier County, as a Planned Unit Development to be known as La Fontana will be in compliance with the planning goals, objectives and · policies of Collier County as set forth in the Growth Management Plan. This compliance includes= 1. The subject tract is located on the west side of Airport- Pulling Road and the south side of the proposed extension of Vanderbilt Beach Road. This location is well suited to provide access for higher density residential in-fill activities. 2. The project is planned to be in compliance with applicable County regulations, including the Growth Management Plan. 3. The project will be fully provided with utilities and services as approved by the Collier County Water and Sewer District. 4.. This project is compatible with adjacent land uses.' ..... Compatibility is supported by the arrangement of structures, the placemeBt of land use buffers, and the development '.'.. standards contained herein. ~.~ 5. The Planned Unit Development includes .open spaces and naturalized open features which serve as project amenitias. 6. All final local development orders for this project subject to the Adequate Public Facilities Ordinance. · .. 7. The subject property is located within ]the Urban Residential Area as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) and on the Future Land Use Map. The FLUE permits Residential Care Facilities to be developed '- up to a maximum of 26 units per gross acre. A Care Unie is a tlrpe of Residential Care Facility. If the project is developed .' with a Care Unit, the density proposed for the subject property is 12 units per gross acre. Since the project is proposed for a Care Unit with a maximum of 120 group housing units, this project is consistent with'the FLUE. PROPERTY OWNERSHIP AND DESCRIPTION J 1 · 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 property proposed to be developed under the project name of La Fontana PUD. 1.2 LEGAL DESCRIPTION COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA; THENCE SOUTH 89 DEGREES 59' 23" EAST 1347.42 FEET ALONG THE NORTH LINE OF SAID SECTION 2 TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH LINE NORTH 89 DEGREES 59' 23" EAST 633.96 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 2; THENCE SOUTH 02 DEGREES 02' 38" EAST 764.9 FEET TO THE_ NORTH LINE OF AN INGRESS/EGRESS AND UTILITY EASEMENT (TENNIS COURT LANE) AS RECORDED IN OFFICIAL RECORD BOOK 701, PAGES 1778-1780 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 57' 36" WEST 512.75 H FEET; T ENCE NORTH 01 DEGREES 52" 31" WEST 405.58 FEET; THENCE.~.~=. NORTH 89 DEGREES 57' 36" WEST 123.5 FEET; THENCE NORTH 01 DEGREES 52' 31" WEST 358.91 FEET TO THE~POINT OF BEGINNING..i~ SAID PARCEL CONTAINING 9.994 ACRES MORE~OR LESS. NOTE: BEARINGS BASED ON NORTH 1/2 OF NORTH 1/2 OF SECTION 2 BEING NORTH 89 DEGREES NOTE: LEGAL DESCRIPTION AS CERTIFIED BY.iBRUNS AND BRUNS INC. ENGINEERING, SURVEYING, AND LAND PLANNING, NAPLES, FLORIDA. (#1540-2-S9) 1.3 PROPERTY OWNERSHIP The subject property is currently under the legal ownership and unified control of Vanderbllt Beach Road Trust of Florida~. and under contract for purchase by Life Care Management of. Southwest Florida, L.C. ' 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. Approximately 5.5 acres of the east portion of the site is currently in old field succession and undeveloped. The western 4.5 acres has been significantly impacted through previous construction. A large metal frame structure still remains on the site~ OnlV 1.54 acres remain in what could be regarded as natural habitat. B. The zoning classification of the subject property is and "CF". The westerly .portion being "CF" and the easterly portion "A". 1.5 PHYSICAL DESCRIPTION The project site is located within .the South Florida Water Management District. ", The drainage of the unimproved site flows to the east via ...~. existing farm ditches. c Elevations within the project site range from 11.4 to 9.7 feet .~ (NGVD). Soil types include approximately 85% Arze11 and Lakewood fine sands. Soil types were derived from the Soil -'~ Survey of Collier County, Florida, issued by the Department of Agriculture (Soil Conservation Service). All of the site is in Flood Zone X according to FIPa4 Hap u' 120067-0385 d, panel 385 of 1135 dated June 3, 1986. ~] : ~! '~::~ 1 · 6 PROJNCT DESCRIPTION · This project includes a highquality development, appropriate landscaping, parking, and common areas on approximately 9,994 acres. The project shall have a maximum of 12 group housing units per acre for a Care Unit. 1.7 SRORT TITLE This Ordinance shall be known and cited as the La Forttara Planned Unit Development Ordinance. SECTION I~ PROJECT DEVELOPMENT REQUIREMENTS ~ 2 · 1 PURPOS~ 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 9ENERA~ A. Regulations, requirements, and references for development · ' of La Fontana shall be in accordance with the contents of i,. : this document. Where these regulations fail to provide developmental standards, then the provisions of the most · similar district in the Collier County Land Development Code (LDC) 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. C.' All conditions imposed and'all graphic material presented .~: depicting restrictions for the development of La Fontana shall become part of the regulations which govern the ..'. · ~'. manner in which the PUD site may be developed. '!?,!,". D. Unless provisions within this PUD are specifically .-. waived, those applicable regulations not otherwise CT' provided for ~n this PUD remain in full force and effect.. ',~.,"~z~ E. Development permitted by the approval of this petition 1'..~ will be subject to a review under,the provisions of the '..~,. Adequate Public Facilities Ordina~ce No. 90-24. F. This project shall require the submittal. review. and subsequent approval of a Site Development Plan prior to the issuance of a Final Local Development Order. 2.3 DESCRIPTION OF THE PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is iljustrated graphica11~ by Attachment "1", PUD Master Development Plan. ,oo 059 : S ~,,. ;7L TABLE I ~'~' TYPE. UNITS ACREAGE CARE UNIT 120 9.994 A minimum of 60 percent open space shall be provided for within the approximately 9.994 acre PUD. Table I is a schedule of the intended land uses, with the approximate acreage of the total project indicated. The ~ arrangement of these land areas are shown on the PUD Master Development Plan (Attachment "1"). The PUDMaster Development Plan is an iljustrative preliminar~ development plan. Design criteria and layout is iljustrative on the PUD Master Development Plan and other exhibits supporting this project? It shall be understood that these exhibits are to. remain flexible so the final design may satisfy development objectives and be consistent with the project development, as set forth in this document. Minor changes and variations in design and _ acreage shall be permitted at Preliminary Subdivision Plat or Site Development Plan (SDP) approval to " accommodate topography, vegetation, and other site conditions. .... ~,~.~. Minor changes to the PUD Master Plan shall be subject to the '~" provisions of Section 2.7.3.5, Division2.7, Article 2 of the ~.~' Collier County Land Development Code. The final size of the open space lands will depend on the actual requirements for drive patterns, parking and building layout. B. In addition to the various areas and specific items shown on Attachment "1", utility and other easements shall be established as may be necessary. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 120 care facility units with amenities, including pool and clubhouse with administration offices, dining room and kitchen, may be constructed in the'total project area. The gross project area iS approximately 9.994 acreS. Therefore, the gross project density will be a maximum of 12 group housing units per acre for a Care Unit. % 659 -! A. Prior to the recording of a Plat, for all or pa~t of ~he PUD, final plans of all retired improvements shall receive approval of the appropriate Collier Count~ governmental agency to insure compliance with the P~ Master ~lan and the Collier County Land Development Code. B. ArtacCent "1", P~ Master Plan, constitutes the retired p~ Development Plan. Subse~ent to or concurrent with p~ approval, a Preliminar~ Subdivision Plat, if applicable, shall be submitted for any area, to be s~divided. ~y division of property ~nd development of the l~d shall be in compliance with the Collier Co~ty "T Land Development Code and the Platting laws of the State of Florida. · C. The provisions of Division 3.3,'of the Collier Co~ty b L~d Development Code, when appliCa le, shall apply to the development of all platted tracts, or parcels of l~d i~.~ as provided ~n said Division 3.3. D. The de~lopment of an~ tract of] land or residentihl development contemplating fee simple o~ership of land shall be required to submit and receive approval of a ,~ '. Preliminary Subdivision Plat in conformance with "~ re~irements of Division 3.2, of the Collier County Land' ~.~ E. Appropriate instments will be pjovided at the time of ]~ infrastmctural lmprov~ents regarding any dedications ~d method for providing perpetual maintenance of co~on.':]~ facilities. F. The developer or s~se~ent o~er ipf any platted parcel or platted tract shall, prior to application for a building permit, submit a Site Development Plan (SDP) or Preliminary Subdivision Plat for that tract or parcel to'. '. the Site Development Review Department for approval for applicable development subject to the provisions of Division 3.3 of the Collier County Land Development Code. G. Model units and sales facilities shall be subject t8 Section 2.6.33, (Temporary Use Permits) of the Collier. County Land Development Code. 2.6 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 Collier County Land Development Code. 2.7 ASSOCIATION OF PROPERTT OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects' to create land area and/or recreation amenities whose ownership end maintenance respon- sibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall in- clude provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of Subsection 2.2.20.3.8 of the Collier County Land Development Code. 2.8 POLICING PLACES %" As provided f~r in Subsection 2.6.30 of the Collier County Land Development Code. ~.. RESIDENTIAL AREAS PLAN 3 · 1 PURPOSE The purpose of this section is to identify specific development standards for the Residential Areas designated on Attachment "1". 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units allowed within the PUD shall be a total of 120 care facility unite. 3.3 USES PERMITTED No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part for other than the onowing: A. Principal Uses: . ' 1. Ca[e Units, specifically limited to the following uses: Adult Congregate Living Facilities (ACLFs); disabled persons (as defined in Section 393.063 (11), Florida Statutes, as amended, and physically disabled or handicapped persons (as defined in Section 760.22(7)(a), FloTida Statutes, as amended); and rehabilitation facilities (providing services such as daily therapy services, including Range and Motion Robotics Rehabilitation Recovery systems, Water Massage Therapy, Stress and Fitness Training, Dietary Conditioning and Consulting].' Furthermore, in order to maintain the residential character of this facility, all persons receiving treatment shall be "in-patient" residents of the Care Unit (therefore, no "out-patient" treatm6nt of persons shall be permitted). B. Accessory Uses: 1. Accessory uses and structures customaril~ associated with the uses permitted in the RMF-12 District, Section 2.2.6 of the Collier County Lan~ Development Code. 2. Recreational facilities that serve ~s an integral part of a residential development and have been designated, reviewed and approved on ' a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, clubhouse, tennis facilities, and' swimming pools. 3.4 DII~ENSIONAL STANDARDS The following dimensional standards shall apply to all permitted principal and accessory uses in the La Fontana PUD. A. Minimum Lot Area: · One ( 1 ) acre. B. Minimum Lot Width: One-hundred and fifty feet (150'). C. Minimum Yard Requirements: · Thirty feet (30') with one foot (1') '=' "' ' = of additional setback for each one ~,:.:,.: foot (1') of height over thirty-five ~ feet ( 35 ' ). .'T '.' '? Fifty feet (50'). E. Haximum Density= Twelve (12) group housing units per acre Y. Distance Between Structures: ..~ '1. Principal Uses - The distance L'~'~ between any two (2) principal '- structures on the same pardel .~..~.~ shall be fifteen feet (15~ or a .... distance equal to one-half (1/2) the sum of their heights, whichever is greater. · '- 2. Accessory Uses - As required in ,. Section 2.6.2 of the LDC. G. Minimum Floor Area of Principal Structures: Five- hundred (500) square feet. 10 H, Off-Street Parking and Off-Street Loading Requirements: As required in Division 2.3 of ~he LDC, I, Landscaping: As required in Division 2,4 of the LDC, Signs: As required in Division 2.5 of the LDC, K, Special Location Requirements for Care Units: As required in Section 2.6,26 of !.. _..f '.-'.. . ll SECTION IV ? DEVELOPHENT COI~NITNENTS .' ? 4 · 1 PURPOSE The 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 when building permits are applied .for. Except where specifically noted or stated otherwise, the standards and specifications of the official Collier County Land Development Code shall appl~ to this project. 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 Naster Plan and the regulations of the PUD, as adopted, and 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. 4.2 PUD B/~TER PLAN A. Attachment '1', PUD Master Plan iljustrates the proposed ,..~ development and is conceptual in nature. Proposed 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 as may be shown at the time -.:. of Final Platting or Site Development Plan application. B. All necessar~ 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. C. The development may be developed in phases. Landscape buffers and other improvements shall be made during each phase of development. 4.3 SUBDIVISION REGULATIOn5 This project shall comply with Division 3.2 of the Collier County Land Development Code. 4.4 TRANSPORTATION A. The proJect's main entrance shall be on Vanderbilt Beach Road, about 600 feet west of Airport-Pulling Road, subject to the approval of Collier County Transportation Services. There are future plans for a median access to the property to be built, but Collier County Transportation Services reserves the right of median access control to include possible future conditions of median closure. B. The developer shall donate to Collier County up to 20 feet for road right-of-way for future improvements to Vanderbilt Beach Road. The required land donation shall be dedicated to Collier County at the earliest or next to occur of either Final SDP approval, Final Plat approval, or building permit issuance applicable to this development or within 120 days of the advertising for bid of a construction contract for the construction of the Vanderbilt Beach Road Extension. Right-of-way donations shall be credited toward impact fees as provid.e~ in Ordinance 92-22, or as may be amended. The value of such impact fee credits shall be determined on a square foot basis at the developer'$ purchase price as confirmed by a review of the deed(s). Xn all cases of area calculations for density, open area requirements, etc., the gross area prior to road right-of-way donation shall be used. C. The developer shall provide a fair share contribution'~. toward the capital cost of traffic signals at any project entrance when deemed warranted by Collier County Transport&tion Services. D. The developer shall provide arterial level street lighting at all project entrances. E. The developer shall provide appropriate turn lanes at all project entrances and shall be responsible for any costs' associated with integrating and coordinating such development with the extension of Vanderbilt Beach Road. Where such turn lanes are constructed within the existing or proposed County right-of-way, additional compensating right-of-way shall be provided by the developer. F. Road impact fees shall be in accordance with the schedule contained in Ordinance 92-22, or as may he amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. 13 smss m ~ G. The following site related improvemeH~'~ shall include all turn lanes, compensating right-of-way, street lighting, and signalization, if deemed warranted by Collier County. Such improvements shall be in place prior to the issuance of any Certificates of Occupancy. Furthermore, such site related improvements shall not be eligible for impact fee credits. H. All traffic control devices shall conform with the Manual of Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. The developer shall be responsible for a fair. share contribution toward the construction of bicycle paths/ pedestrian walkways long Vanderbilt Beach Road, if deemed appropriate, during the design stage of the Vanderbilt Beach Road Extension. J. Access/egress to interior lots shall be internal to the development. K. The minimum throat length at the main site access point .~'i on Vand~rbilt Beach Road shall be 100 feet. L. Utilization of the right-of-ways for landscaping, '."C decorative entrance ways, signs, etc., shall be subject to the review and approval of Project Plan Review and Transportation Services. If the developer proposes access to'Vanderbilt BeaCh Road...~u prior to the time that the County builds the Vanderbilt ,, Beach Road Extension, the developer shall build that. required portion of the road, at his own expense, prior to obtaining any Certificates of Occupancy or preliminary...' acceptance of this project. 4.5 WATER MANAGEMENT/ENGINEERING A. It is the intent of Life Care Management of Southwest Florida, L.C., to utilize a water management system designed and constructed within the proJect's site. The water management system shall be in accordance with South Florida Water Management District Criteria and Collier County Regulations. 059 373 B. This project shall be required to meet all County ordinances in effect at the time'~f~nal construction documents are submitted for development approval. C. Access into each tract as shown on the PUDMaste~ Plan is informational only. Location and number is subject to Preliminary Subdivision Plat (PSP) or Site Development Plan (SDP) approval. D. A Preliminary Subdivision Plat, if required, shall be submitted which complies with all the design standards of Division 3.2 of the Collier County Land Development Code (LDC) unless, in accordance with the LDC, specific substitutions to the design standards are requested and supported by sound engineering reasoning during its approval process. Approval of this fezone does not constitute an approval to any subdivision design standards contained within the petition or supporting drawings or exhibits. E. The north-south portion of Tennis Court Lane shall be constructed to County Standards prior to obtaining any Certificates of Occupancy or preliminary acceptance of this prpJect. The developer shall be responsible for the design, permitting, and construction of this road. 4.6 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve this project are to be designed, constructed,,..:;; conveyed, owned, and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable Collier County Water and Sewer District rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. ~";.: C. The on-site water distribution system to serve the project shall be connected to the District's 16 inch water main on the north side of the P.U.D. and/or any proposed stub in the median. This stub shall be completed by the Vanderbilt Beach Road water main extension, consistent with the main sizing requirements specified in the County's Water Master Plan. The coordination for the location and sizing of the main extension shall be processed through the County Utility Division. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Stubs for future. system interconnection with adjacent properties shall be provided to the west and the south 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. D. The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the . proJect's boundary to provide adequate capacity to "- .:r transport the additional waste water generated without :,~.. adverse impact to the existing transmission facilities. E. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, '~. co~istent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. F. Dead-end mains shall be eliminated by loopin~ the internal pipeline n~twork. G. The utility construction documents for the proJect's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted in accordance with Collier County .. requirements. The developer's engineer shall meet with. the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's master plan. 16 4.7 ENVIRONMENTAL' ----- l.~r A. This project shall be subject to all environmental '. ordinances and land development codes in effect at the ..' time of final development order approval, unless otherwise exempted in this PUD. B. The developer shall retain a minimum of 25% of 1.54 acres or 16,823 square feet of existing native habitat on the site. The retained natural canopy, under-story and ground cover shall be maintained in perpetuity. The retained area shall be delineated on the PSP (if applicable) or the Preliminary SDP. C.Protected species surveys shall be required prior to PSP (if applicable) or the Preliminary SDP. D. The developer shall make a good faith effort to retain native vegetation within parking areas. Retained vegetation within parking areas may be credited toward the required landscaping, but not toward the required 25% retained native vegetation requirement. 4.8 ACCESSORY STRUCTURES .Accessory structures shai1 be constructed simultaneously with or following the construction of the principal structure except for a construction site office. 4.9 MAINTENANCE OF COr~MON AREAS The developer shall establish an organization for the' ownership and maintenance of any common open space and/or common facilities, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by sale or otherwise, except to an organization conceived and established] to own and maintain the common open space or common facilities. 4.10 SCHEDULE OF DEVELOPMENT/I~ONITORINGREPORTANDSUNSET PROVISION A. This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Collier County Land Development Code (LDC). ,oo I]59 , :376 ' B. By the time building permits are issued -for 60 residential units, the developer agrees to have constructed one tennis court on the subject property. A total of two (2) tennis courts and a clubhouse with a poo! and facilities, will be provided prior to completion of the'last 10 residential units. C. Any additional recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the Homeownerts Association. The Homeownerts Association By-Laws shall include a provision that the creation of a Capital Improvement Fund is mandatory, and ever3[ property owner in the development shall become a member of the Homeowner's Association. The Capital Improvement Fund shall provide a tabulation and location of useable open space and the mechanism for continued separation and maintenance by a private entity. D. Monitoring Report: An annual monitoring report shall be submitt~d pursuant to Section 2.7.3.6 of the Collier . County Land Development Code (LDC). BONITA SPRINGS .; LA FONTANA PUD :! IMNOK~ ROAD ' ~ ~c~ ~0 0 SCALE "' GATE .:.'~-,, '"'~ LEGEND: ,~.o. ELEMENTARY SCHOOL (3 MILES]j 0.~ ~ HIGH ;SCHOOL (2 MILES) "; ~ FIRE ~TATION (4 MILES) ~ COMMUNITY PARK (3 MILES)" ,: . :'~:~ ~ MIDDLE SCHOOL (3 V,~LES) ............... ~ SHERIFF $LIB$TATION {6 MIL:S.' N ' i1~.~?'11,~'. =NN i[- . ATTACH "'" :' MENT ,~ -. 059,~380 STATE OF FLORIDA } COUN~ OF COLLIZR ~ I, DWIGHT E. BROCK, Clerk of Courta tn and for the hereby certify that th~ foregoing ts a t~ue co~y of~ which was adopted by the Board of Cowry Commissioners on ~..~ ~ ". the 16th day of February, 1993, during Re~lar Session. WITNESS my hand a~d the official aeal of the' Board of .'., ~... day of February, 1993. t .,,.:.[[. . .,. .',. 1',~ .' .. . . .... ..... ,,.%.,~.. ~'.,. Clerk of Courta and cle:~e.. ......... j'q~ '., Ex-officio to Board of~ ." . . "..'~ County Commissioners · ~; · . . .,'. $ ..%. ..~. .. .~ ~y~s/~aureen Kenyon',%.*~ .~ .'. ' ' ' ' · ,oo, 059 3'81