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Ordinance 91-088 ORDINANCE 91- 8--8 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0632N; BY CHANGING THE ZONING CI~SSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD", PLANNED UNIT DEVELOPMENT, KNOWN AS VINCENTIAN RESIDENCE PUD, FOR A MIXED USE COMPLEX (MIXED USES INCLUDING RESIDENTIAL, INSTITUTIONAL CARE, AND COMM/JNITY FACILITY), FOR PROPERTY LOCATED ON THE SOUTH SIDE OF US-41 EAST AND ON THE EAST SIDE OF SOUTHWEST BOULEVARD, LYING IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30.7 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the residential portion of the Vincentian Residence Planned Unit Development (PUD), which permits 80 dwelling units at a density of 8 units per acre, has been found to be inconsistent with the Density Rating System contained in the Future Land Use Element of the Growth Management Plan; WHEREAS, the Collier County Growth Planning Department petitioned the Board of County Commissioners to change the zoning classification of the herein described real property to be consistent with the Future Land Use Element of the Growth Management Plan; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; The Zoning Classification of the herein described real prope~.~y located in Section 32, Township 50 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 Map Number 0$32N, as described in Ordinance Number 82-2, is hereby amended accordingly. (i4fi 135 - Ordinance Number 85-27, known as the Vincentian Residence PUD, adopted on June 18, 1985 by the Board of County Commissionecs of Collier County, Florida, is hereby repealed in its entirety. · This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with =he Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 1~ day of '' .A~TE~T: . · '.. ¢~' BOARD OF COUNTY COM~4ISSIONERS "~''., ~J.IU%~S 'C.~, 'G,~.~ Clark COLLIER COUNTY, FLORIDA ?' S' ' "~,Appro~et~'as to 'f0~m and Mar-Jor~de M0 Studeht Assistant County Attorney 1%i, ordlnor~e flied with the Secretory o~ St~e°s O~.~fice, r~ "~,Yii - end ocknow~edg~'me_nt~pJ, thor ~'%':~ VINCENTIAN RESIDENCE ORD 2 VINCENTIAN RESIDENCE PLANNED UNIT DEVELOPMENT PROJECT DESIGN CONSULTANTS ARCHITECT: MARIO LA~ENDOLA, A.I.A. 2335 TAMIAMI TRAIL N. NAPLES, FLORIDA 33940 TEL. (813) 262-478~ ENGINEER: BRUNS AND BRUNS, INC. 529 THIRD STREET SOUTH NAPLES, FLORIDA 33940 TEL. (813) 261-5965 PLANNING CONSULTANT: DR. NENO J. SPAGNA, PRESIDENT FLORIDA URBAN INSTI~3TE, INC. 3850 27TH AVE. S.W. NAPLES, FLORIDA 33999 TEL. (813) 455-2168 PREPARED POR EDWARD A. MCCARTHY, ARCHBISHOP OF THE DIOCESE OF MIAMI MIAMI, FLORIDA REVISED FOR JOHN J. NEVINS, BISHOP OF THE DIOCESE OF VENICE VENICE ~ FLORIDA APRIL, 1984 REVISED SEPTEMBER, 1984 SECOND REVISION MAY, 1985 REVISED SEPTEMBER 16, 1991 BY THE COLLIER COUNTY GROWTH PLANNING DEPARTMENT TABLE OF CONTENTS ?,i ~ '. PAGE .~,~',~,~,~"' TABLE OF CONTENTS ................... SECTION I PROPERTY OWNERSHIP AND DESCRIPTION ..... 1. 1.1 PURPOSE. . --.. .............. 1. ~.2 LEGAl, DEScR~r~'O~ ~.:~~ROPERTYO~.RSH~P. .. ......... 1.5 PHYSICAL DESCRIPTION ............ 1 SECTION II PROJECT DEVELOPMENT ............ 4. 2 . 1 Fu'RPOSE .................. 4 · 2.2 GENERAL ............... .____ 4. SECTION IV LAND USE REGULATIONS ........... 8 8 4.3 PERMITTED ACCESSORY USES AMD STRUCTURES . · 8 4.4 DEVELOPMENT STANDARDS ............ 8 SECTION V STATEMENT OF COKPLIANCE .......... 10 SECTION VI DEVELOPMENT COMMITMENTS ......... 11 LIST OF FIGURES FIGURE 1. BOUNDARY SURVEY .............. 3 FIGURE 2. SITE PLAN ................. 5 FIGURE 3. PRELIMINARY STORM DRAINAGE . . ' ...... 7 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1. PURPOSE The purpose-of this section is to identify the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of VINCENTIAN RESIDENCE. 1.2 ~.GAL DESCRIPTIO~ Commencing at the concrete monument marking the East 1/4 corner of Section 32, Township 50 South, Range 26 East, Collier County, Florida, this monument being 'the Point of Beginning~ thence North 02'47~30" East along the Easterly boundary of said Section 32 a distance of 885.11 feet to the Southerly right-of-way line of U.S. 41 (Tamiami Trail), said right-of-way line being a curve~ thence along said right-of-way line an arc distance of 819.59 feet, said curve concave to the Northeast, having a c~ntral angle of 14'35~08", radius 3219.55 feet, chord distance 817.38 feet and chord bearing of North 46'21~34" West to the point of tangency~ thence continue along said right-of-way line North 39'04~00" West 73.64 feet to the Easterly right-of-way line of Southwest Boulevard which is the Easterly boundary of Trail Acres subdivision as recorded in Plat Book 3, Page 50 of the Public Records of Collier County, Florida~ thence along said right-of-~ay line and said boundary South 50'56'00" West 1007.99 Feet to the Northeasterly boundary of Trail Acres Unit 3 as recorded in Plat Book 3, Page 94 of the Public Records of Collier County, Florida~ thence Southeasterly along said Northeasterly boundary of said Plat South 39'05~25" East 1081.97 feet~ thence Easterly along the North boundary of said Plat South 87'30t12" East 695.91 feet to the Point of Beginning. Said parcel containing 30.7 acres more or .less. See Figure 1. 1.3..~/~OPERTY OWNERSHIP "~'"'Thu'pr°perty encompassing this PUD is under the ownership of John J. Nevins, P.G. Box 2006, Venice, Florida. 1.4 GE~,L DESCRIPTION OF PROPERTY A. The property consists of 30.7 acres of land, more or less, generally located on the south side of U.S. 41 between Southwest Boulevard and the Hitching Post Kobile Home Park. Ingress and egress will be from Southwest Boulevard and U.S. 41. The land is Dresently vacant and covered by native vegetation. B.The current zoning of the subject property is PUD, Planned Unit Development. C. The Growth Management Plan designates the subject property as within the Urban Coastal Fringe Area. 1.5. PHYSICAL DESCRIPTION A. The elevation of the project site varies from 4.5 to 5.7 feet with an average elevation of approximately 5.1 feet, se~ Figure 1. II B. The project site is located within Zone 8A as identified on the Federal Insurance Rate Map. Zone 8A is defined as "Areas of 100-year flood; base flood elevations and flood hazard factors not determined." Like all properties in Collier County, it is eligible for insurance under the National Flood Insurance Program. C. A description of the soil types found in the project area - Leighty classifies the project soils as Arzell Fine Sands (ASS). This soil group is characterized as deep beds of fine loose sand with almost no organic matter~ slightly acid or neutral. The depth of rock varies from 48 inches to 80 inches. Relief is nearly level or slightly depressional. Surface runoff is very slow or ponded. Internal drainage is rapid when freed of high water table. Seasonable high water table varies from one to two feet with a duration time depending on rainfall periods, amount of rainfall and the wet-dry seasons cycle. There are no limitations to the degree and kind of low building structures. SECTION II PR~ECT DEVELOPHENT 2.1. PURPOSE The purpose of this section is to delineate and generally describe the project plan of development, the respective land uses of the Parcels included in the project, as well ss the project criteria for VINCENTIAN RESIDENCE. A. Regulations for development of VINCENTIAN RESIDENCE shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the "Collier County Zoning Ordinance." B. Unless other%lisa noted, the definitions of all terms shall be the same as the definitions set forth in the "Collier County Zoning Ordinance." 2.3 SITE PLAN AND LAND USE TRA~TS A. The site plan, including layout of streets and land use of various parcels, is iljustrated graphically by Figure 2. There shall be three (3) land use parcels, plus necessary street rights-of-way, sewage treatment plant, lake and appropriate landscaping, the configuration of which is also iljustrated as followe~ (1) Parcel A: Maximum of 30 residential units for the elderly (density of 3 units per gross acre). Depending on future needs, the petitioner is requesting flexibility to locate some of these units on Parcel B and C if necessary. If Parcel B and/or Parcel C are used for housing, additional units shall be calculated using the density of 3 units per acre for the additional land allocated for this.use. . (~ 10.0 acres) (2) Parcel B: Parcel B is intended for future development for a school, church, rectory and related uses. (~ 10.0 acres) (3) Parcel C: Parcel C is intended for future development of institutional care facilities such as, but not limited to children's home, residence for unwed mothers, family enrichment center, special educational center, etc. (~ 10.0 acres) TOTAL ACREAGE (~ 30.7 acres) U.S. 4t IOUTH ~Tmmlmml Ti'mil) o.~ -~-\ .~ · _. ......... ....... . .~ ~ ~ "~' ~"'l":""'~"~. ~,,'",l,I,,,',',,~s",,,,,',,,,,,,,~..~- ~'~,..; ..... ,.,,,,,,,, ~' ....... ' ~ Illl,l,ll,lh ~~' . ,~. '~"~' ~_.~ .r_//. -.~.. I ~ ~ ~-- ~ ill '. ~'.. ~s · // . ' $ ~ ;, Y ffl >-".":· '-. ~*' '..7 ~ ~ ~ ". ~1 '-' ?' 'k"' '/ ' ; . . ~,.~-' I~1~1~'1 I1~ lithee IIItll, VIHCENTIA~ RESIDENCE 'SITE PLAN le.le ~ "' MIrlo LiMendoli, A.I.A., ARCHITECT Exac~ da=a ~o be aubmit~ed upon SECTION III WATER ~AGEMENT 3.1 It is estimated that the final developed site will consist of nine acres of impervious area, four a=res of lake, two acres for sewage treatment facility, and 15 acres of open area. Originally this land was drained by sheet flow to the south. Due to development on west, south and east the water restricted from its natural flow. It appears that the best way to handle the storm water is to route it to the lake and then provide an overflow out to the east boundary which is a Section line. When the detailed drainage design il3 completed the water can be routed to the north or south, whichever is best. See Figure 3. 3.2 The petitioner agrees to the following wmter management stipulations: A. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. B. Revisions shall be made to the size of the retention lake and design of the outlet control structure to limit off-site discharge to 0.33 cfs/acre. C. Unless a legal outfall can be established through adjacent farm property to the south, off-site discharge shall be restricted only to the US-41 road swale. D. A~ Excavation Permit will be required for the proposed lake in accordance with Collier County Ordinance 88-26, as amended. E. Detailed site drainage plans shall be submitted to the County Engineer for review. No Construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. U.S- 41 soUTH (Tamllml Trill1 {~ontro1 o .~ ~ruc~ure PARCEL C I.. .~1~1 · ,;:':; ~ / · .,.., ,.,,,., ..-,.,-,... ~'[~:* / VINCENTIA~ RESIDENCE SITE PLAN Marlo LaMendola. A.I.A.. ARCHITECT PR' EL~IMINARY gTOR~ DR~lgA~E SECTION IV I~D USE REGULATIONS 4.1. Intended Uses: It im the intent of this document to develop the subject property in accordance with the site plan indicated as Figure 2. 4.2. Re,alfred PrinciDal Uses and StrUctures: 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 following: A. Multi-family housing for the elderly. B. School and religious residence, church and rectory, nursing faci~ity, sewage treatment plant and facilities, and instructional care facilities. 4.3. Permitted Accessory..U~es and Structures: A. Any accessory uses or structures customarily associated with the permitted principal uses and structures. 4.4. Development Standard:~: A. Minimum yard requirements: US-41- 25 feet in which the natural vegetation shall be preserved to the maximum extent possible (as stipulated by the Environmental Advisory Council). Southwest Boulevard - 25 feet in which no parking shall be allowed and the natural vegetation should be preserved to the maximum extent possible. Interior parcel lines - 30 feet in which no parking shall be allowed. The 30 foot setback with no parking should provide an adequate buffer. The natural vegetation (excluding exotics) within these areas should be preserved. Waterfront - 25 feet from the normal water line of artificially created bodies of water, excluding observation decks, piers, bridges and walkways. All property lines - 30 feet in which no parking shall be allowed. B. Maximum height - Three (3) stories exclusive of under ground parking, antennas, air conditioning towers and any other appurtenances which are usually required to be placed above the roof level and not intended for human occupancy. C. Minimum floor area of principal structure - One thousand (1000) square feet on the ground floor for each non-residential building and six hundred (600) square feet for each apartment unit. D. Maximum density - three (3) units per acre for the parcel on which the housing is located. E. Di,stanc~ between principal structures: Fifteen (15) re,et. F. Signs - As permitted or re¢~ired by the Collier County Sign Ordinance in effect at th~ time a permit is requested. G. Minimum off-street parking and off-street loading - as permitted or required by the Zoning Ordinance in effect at the time a permit is requested. H. Minimum landscaping requirements - as permitted or required by the Zoning Ordinance in effect at the time a permit im requested. I. Site Development Plan approval in accordance with the Zoning Ordinance shall be received prior to any development. SECTION V STATEMENT OF COMPLIANCE 5.1 The petitioner states that if he proceeds with the development, he will: A. Provide agreements, contracts, dead restrictions, or sureties acceptable to the County for completion of the undertaking in accord with the adopted Master Plan as well as for continuing operation and maintenance of such areas, functions and facilities that are not to be provided, operated or maintained at general public expense; and, B. Bind his successors in title to any commitments made under "A." preceding. 5.2 The Vincentian Residence Planned Unit Development is consistent with the Collier County Growth Management Plan for the following reasons: A. The project site is designated Urban Coastal Fringe, and is within the Traffic Congestion Area, as denignated on the Future Land Use Map and in the Future Land Use Element. Interconnection with adjacent properties is not appropriate. The permitted uses in this PUD are permitted in the Urban Coastal Fringe and the density of 3 units per acre conforms to the Density Rating System contained in the Future Land Use Element. B. The project will be served by central water and sewer facilities. C. Thc project is compatible with surrounding land uses. .. D. The project will comply with all applicable County, State and Federal laws regulating development of the property. E. The project will be limited to one access point onto US-41. SECTION VI DEVEI~PMENT COMMITMENTS 6.1 Environmental Advisory Council - The EAC met on Februaz7 6, 1985 and recommended approval of Petition :.. R-84-11C (the original rezone petition to PUD) subject to the following conditions which are acceptable to the petitioner= A. A site clearing plan shall be submitted to the Project Review Services Environmental Staff for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Project Review Services Environmental Staff for their review and approval. Thie plan will depict the incorporation of native species and *:heir mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activiti~s. C. Ali exotic plante, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control tec:hniques and inspection intervals, shall be filed with and approved by the Project Review Services Environmental Staff. D. If during the course of site clearing, excavation, or other constructional activities, an archaeological or histories1 ~lte, artifaot, or other indicator is discovered, all development at that location shall be ' im3nediately stopped and the Project Review Services Environmental Staff notified. Development will be suspended for a sufficient length of time to enable the Project Review Services Environmental Staff or a designated consultant to access the find and determine the proper course of action in regard to its salvageability. The Project Review Services Environmental Staff will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. E. Maintain to the maximum extent possible the natural vegetation in the 25 foot buffer along US-41. 6.2 Water Management Advisory Board - The WMAB met on April 10, 1985 and recommended approval of Petition R-84-11C (tho origins! rezone petition to PUD) subJsct to the following conditions which are acceptable to the petitioner: A. Detailed site drainage plans shall be submitted to the County Engineer for his review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted Dl&ntt is qrant.d by the County ~nginoer. B. Revisions shall be made to the size of the retention lake and dssigl~ of the outlet control structure to limit off-site discharge to 0.33 cfs/acre. C. Unless a legal outfall cmn be established through adjacent farm property to the south off-site discharge shall be restricted only to the US-41 road swale. D. An Excavation Permit will be required for the proposed lake in accordance with Collier County Ordinance 88-26, as amended. 6.3 Traffic Engineer - A. Subject to FDOT approval, the petitioner shall provide the following~ (1) No median shall be permitted for a westbound left turn off of US-41. (2) An eastbound right turn deceleration lane on US-41 at Southwest Boulevard. (3) Arterial level street lighting at the project entrance. (4) Sidewalk and/or bike path improvements along proper~y frontage as required by County. (5) Westbound left turn lane on US-41 at Southwest Blvd. B. The development shall have positive drainage outfall for excessive runoff as required by the County. C. The developer shall improve Southwest Boulevard along their property to minor collector standards as set forth in th~3 Subdivision Regulations. 6.4 County Utilities Services Division - A. This PUD is subject to the conditions outlined by Mr. John F. MadaJewski in his memorandum to Missy Ober dated May 14, 1985, attached. VINPUD7.2291 " 12 , MEMORAHDUM DATE: ~oy !A. :' Eng~neering ~.: , Re: Petition ~-84-IIC, Vincentian PUD (Supercade~ stipulations contained in memo dated April 25~ 1984) We have reviewed the above re~erenced Petition and have no objection to the rezone as requested. However! ve require the following revised stipulations as a condi~ion Co our recommendation for approval: A) Water & Sever 1) Water distribu~ion and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements o~ Collier County and the State of Florida. ~ecer and saver facilities constructed within : platted rishts-of-vay or within utility easements required by the County shall be conveyed to the County for o~nership, operation and maintenance purposes. A~l water and sever /still:les constructed on private property and not required by the County ~o be located u~ilit7 easements sh~ll be o~ned~ opera,ed and maintained by the Developar~ his assitns or successors. Upon completion of construction of the v&Cer and sever facilities within ~he project, the facilities be tes~ed to insure they meet Collier County*? minimum requirements at which time they vill be conveyed or transferred to the County, when - required by the Utilities Division, pursuan~ ~o appropriate County Ordinances and Relulat£ons in effect at the time conveyance or transfer is requested, prior to beini placed into service. 2) All construction plans and technical specifications and proposed plats, ii applicable, for the proposed racer distribution and aavase collection and ~ransmission facilities must be reviewed and approved by the Otili~ies Division prior to commencement of con~truction. 3) Ail customers con~ectin$ to the water die~ribution and sevaEe collectio~ facilities will be customers of the County and will be hilled by the County in accordance with the Countyes es:ablished rates. Should the County not be in a position ~o provide water and/or sever service to the project, the va~er and/or sever customers shall be customers of the interim ~tili~7 established to serve the project until the County*s off-site water and/or a~ver facilities are available to serve the project. 4) It is anticipated ChaC the County Utilities Division will ultimately supply po~able water to meet ~he consumptive demand and/or receive and treat the aerate senerated by this project. Should the County system not be in a position to supply potable water ~o the project and/or reclive the proJeccea vsstevater at the time development commences, the Developer, at his expen~e, will install and operate interim water supply and on-site treatment facilities and/or interim on-sire 8evaEe treatment and disposal facilities adequate to meet all requirements of the ,ppropria,e regula,ory a,enciesI ~4~A': ~ To= Ann HcKim, Planning Dept. ~-~. Page 2 ~_ '!4 ~ ~ 5) An Agreement shall be entered into between the County and the Developer, bindinS on the Developer, his assigns or successors, legally acceptable to the County~ prior to the approval of construction documents for the proposed project, stating that= a) The proposed water supply and on-site treatment facilities and/or be constructed as pert of the proposed project and must be regarded as ~ntsrim; they sha~ be constructed to Sta£e and ~edera~ standards and are to be owned, operated and m~intained by the O~mer. his ass~Ens successors until such ~lme as ~he County's off-site wa~er and/or o~f-s~e sewer f~c~l~es are available ~o se~ce ~he pro~ec~, b) Upon connection ~o the County's off-site wa~er fac~ies, and/or' sever facilities, the Developer, h~s assigns or successors shal~ abandon, dilutes and re~ve fzo~ the s~ce the ~nter~m water and/or savage t~ea~enC facility and d~scont~nue uae of the water supply source, applicable, ~n a ~nner consistent w~ch State o~ Florida standards. AI~ ~rk related ~th chis activity shall be perfumed aC no cost Co the County. c) Connection to the Countyte off-site water and/or s~wer v~ll be ~de by the o~era, chair assl~na or successors at no cost to the County v~thin 90 days altar such fac~l~ties b~come ~va~able. The cost of connection sha~l ~nclude, but not be ~im~ted to, all ens~neering des~ and preparation of consC~cC~on documents, pe~tt~ng, tins or re~tc~n~ of seva~e pumping fac~l~Cies, ~nCerconnecc~on County ogf-s~te ~ac~c~es, water and/or sever ~nes necessary the connection(s)) eec. d) At the C~me County off-site water and/or sever faci~C~es are · available ~or the pro~cc Co connect v~ch, the following water and/or set,er facilities shall be conveyed to the County pvrsu~nt to appropriate County Ordinances and Regu~ations in effect ac the 1) A~I water and/or sewer facil~c~es constructed ~n publicly o~ed ri~hCs-og-vay or v~thin utility easements required by the County v~ch~n th~ pro~ect ~mlts and those additional faci~es required ~o make connection v~th the County's o~-s~ta wata~ and/or sewer fac~l~t~as~ or, R) AI~ water and sa~er faci~ltias required to connect the pro~ect to the CountT~s o~f-sl~a ~acer and/or sewer ~ac~tias when the on-si~e water and/or sawer facil~t~es ara constructed on private propers7 and not required by the County ~o be ~oca~ed w~th~n u~i~y easements~ ~nclud~n~ bu~ no~ l~m~ted To: Ann ~c~lm~ Plannin~ Department Hay 14~ 1985 j/~' - . a) l~in sewase lt~ station and force main incer- connectins with the County sewer facili~ies including a~ utility easenent8 necessary; b) Water distribution facilities from the polak of connection with the Countyts t~acer facili~ies ~o the master water me,er se~nS the project, ~nc~ud~n~ a~ u~y easements necessary. ~) ~e customers se~ed on an ~nCer~.m bas~s by ~he uC~Cy system consc~c~ed by ~he Developer shal~ beconte customers of ~he County ~e when County off-site va~er and/or newer fac~l~cies are available sa~e ~he pro~nc~ and such connection ~s ~de. Prior co connection ~he pro, acC ~o ~hn County's off-site wa~er and/or sewer feci~les Deve~oper~ h~s assi~ns~ o= successors sha~ ~u~ over ~o ~he County complete ~s~ o~ the customers sa~ed by ~he ~n~er~m uC~li~es system and sha~ no~ compare w~ch ~bs County for the service of Chose cusKomers. ~e Developer sha~ a~so provide the County w~Ch a de~a~ed ~nven~ory of ~he fac~es se~ed w~h~n ~he pro, eec and ~he entity which w~l~ responsible for ~he wa~er and/or sewer se~ice b~nS ~or ~he pro~ecc. f) A~ construction plans and ~echn~ca~ spec~fica~ons re~a~ed ~o connections ~o ~he County's off-site wa~er and/or sewer fac~l~es be submitted ~o the UCi~c~es D~v~sion ~or review and approva~ prior ~o co~encemenC of cons~rucC~on. g) ~e Developer, h~s ass~Sns or successors a~ree Ko pay ~ system deve~opmen~ char~es a~ ~he ~me ~hac Bu~d~nS Per,cs are requ~red~ pursuant Co appropriate County Ordinances and Regulations ~n e~ec~ ~he ~a of Pe~ request. Th~s require~en~ sha~ be made kno~ prospective buyers .of proper~ies for which bu~ld~ng pe~i~s wi~ be 'reqt~red prior ~o the scar~ of build,nS construction. h) The County ac ~cs opc~on may ~ease ~or oper~ion and ~in~enance wa~er d~sCr~bu~ion and/or sewage co~lec~ion and ~ransn~ssion system ~o ~he pro~ec~ Developer or h~s assisns for ~he sum o~ $10.00 per yesr. Te~s of ~he ~ease sha~ be datelined upon completion of ~be proposed cons~c~on and prior ~o ac~va~ion og ~he wa~er supp~y~ crea~men~ and dis~r~bu~ion fac~es and/or the se~a~e collection, ~ransmission and ~rea~men~ ~ac~l~ies. The Lease, ~f required, sha~ remain in effec~ unci~ the County can provide water and/or sewer service chrouKh ~s off-site ~ac~es or un~t~ such ~lme ~]taK bu~k ra~e wa~er and/or sewe~ service a~reemen~s are nesoc~ed wi~h the ~ncerim u~l~y system serviaS the pro~e~:c. ~) Da~a required under County Ordinance No. 80-11~ showin~ ~he aval~- ab~Cy of sewase se~ce~ mus~ be subm~ed and approved by UCil~es D~v~s~on prior ~o approval of the construction documents for ~he pro~e~. Submit a copy of ~be approved DER pe~s for ~he co~ec~ion and Crans~ssion systems and the was~ewa~er treatment ffi fl4fl ., 15:1 > To; Anm ]~cKim. Planning Department ~,. Page 4 '"" C) If am interim on-sics water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply averase and peak day domestic demand, in addition Co fire flow de.and at a rata approved by the appropriate Fire Control District servicing the project area. D) The PUD document shall be revised to make reference to this memo- randum, by date, and specify the Petitioner's acceptancs of the stipulations contained herein. A revised copy of ~he PUD document must be submitted to the Utilities Division for review and approval prior to scheduling the Petition for consideration by the Board of County Commisalonerl. STATE OF FLORIDA ) COUNTY OF COLLIER ) I. JAMES C. GILES. Clerk of Courts An and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoinU is a true copy of: Ordinance No. 91-88 which was adopted by th~ Board of County Commissioners on · the 16th day of September, 1991, during Special Session. ~?{ ' WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th ,":i; day of September, 1991. Clerk of Courts and Clerk~~'.' ,', Ex-officio to Board of County Commtssloner~ /., , .. : .. - ,, By: /s/Mauresn K~n~on ', "' " Deputy Clerk ..'