Loading...
Ordinance 91-099 AN ORDINANCE AMENDING ORDINANCE NUMBER FOR ~E ~INCORPO~TED AREA OF COLLIER CO~TY, F~RIDA BY ~ENDING THE OFFICIAL ZONING AT~S ~PS N~BERED 9502N AND 9502S; BY C~GING THE ZONING C~SSIFICATION OF THE HEREIN DESCRIBED R~L PROP~TY FROM "PUD" TO "PUD" P~NNED UNIT D~E~PMENT KNOWN AS EME~LD ~KES PUD FOR A ~XIM~ OF 525 RESIDENTIAL DW~ING ~ITS, FOR PROPERTY LOCATED APPROXI~TELY 1/4 MILE WEST OF AI~ORT-P~LING ROAD (C.R. 31), APPROXI~T~Y 1.5 MILES NORTH OF PINE RIDGE ROAD (C.R. 896), IN SE~ION 2, TO. SHIP 49 SO.H, ~NGE 25 EAST, COLLIER CO~TY, F~RIDA, CONTAINING 148.27 ACRES, MORE OR LESS; AND BY PROVIDING AN EFFE~IVE DATE. ~~S, Kathleen C. Passidomo of Hatter, Secrest & ~m~, representing ~vitt Homes At ~erald ~kes, Inc., petitioned the Board of County Co~issioners to change the zoning classification of the herein described real property; NOW TH~EFORE BE IT ORDAINED BY THE BO~D OF CO~TY CO~ISSION~S OF COLLI~ CO~TY, F~RIDA; SE~ION ONE: The Zoning Classification of the herein described real property located in Section 2, To.ship 49 South, Range 25 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 ~erein and by reference made part hereof. The Official' Zoning Atlas Maps Numbered 9502N and 9502S, as described in Ordinance Number 82-2, are hereby amended accordingly. SE~IQN ~0: Ordinance Number 91-92, known as the ~erald Lakes PUD, adopted on September 24, ~991, by the Board of County Commissioners of Collier County is hereby repealed in its entirety. SECTION THRE£~ This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED ~D DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 22nd day of 0crx~r~ , 1991. 'AT~ES'~'%'9:7 ', BOARD OF COUNTY COMMISSIONERS JXMES C. G~F~, Clerk COLLIER COUNTY, FLORIDA : ' "  , BY: ... ~, PATRICIA a~ GOODNIGHTO CHAIRMAN . 'A'p .R~byed'as'-¥o form and ' legal ~ ~ufftciency Mar~o~Xe M. StUdeh~ Assistant County Attorney ,. ' PUD-86-17 (2) ORDINANCE ~2~F~ o{06/16~_, ~ r~b/6166 ond ocknowledgement of that · fllir~2 received th~dcly r? EMERALD I~RK E $ A PLANNED UNIT DEVELOPMENT 148~ acres located in Section 2, Township 49 South, Range 25 East, Collier County, Florida PREPARED BY: HARTER, SECREST & EMERY 800 LAUREL OAK DRIVE, SUITE 400 NAPLES, FLORIDA 33963 DATE APPROVED BY BCC~ October 22, 1991 ORDINANCE NO= 91-99 Exhibit TABLE OF CONTENTS ..~ PAGE ~" SECTION I STATEMENT OF COMPLIANCE - ~i' SECTION I I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION .............. 2-1 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION ........... 3-1 SECTION IV RESIDENTIAL LAND USE REGULATIONS ...................... 4-1 SECTION V GENERAL DEVELOPMENT COMMITMENTS ....................... 5-1 SECTION VI DEFINITIONS AND ABBREVIATIONS ......................... 6-1 78' SECTION I STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Levitt Homes at Emerald Lakes, Inc., a Florida corporation, 7777 Glades Road, Suite 410, Boca Raton, Florida 33434, and The Villages at Emerald Lakes, Inc., a Florida corporation, 7777 Glades Road, Suite 410, Boca Raton, Florida 33434, hereinafter referred to as applicant or sponsor, to develop 148.27 acres of land located in part of Section 2, Township 49 South, Range 25 East, Collier County, Florida. The name of this proposed development shall hence forth be known as EMERALD LAKES. The development of EMERALD LAKES as a Planned Unit Development 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 development with associated recreational facilities will be consistent with the growth policies and land development regulations of the Future Land Use Element of the Collier County Growth Management Plan and other applicable documents for the following reasons: 1) This PUD has been deemed 'improved' as defined in the Collier County Zoning Reevaluation Ordinance (Ordinance No. 90-23). Therefore, pursuant to Policy 5.1 of the Future Land Use Element of the Collier County Growth Management Plan, this PUD is consistent with the Future Land Use Element. 2) The development shall be compatible with and complimentary to the surrounding land uses. 3) All improvements shall be in compliance with applicable regulations. 4) The cjustering of residential units provides for more common open space and flexibility in design and shall improve the laving environment of the development. 5) The number of egress and ingress points shall be limited so as to minimize the impact upon the traffic flow along Orange Blossom and Airport Roads. · 6) The project will be served by a complete range of services and utilities. (]'4'8:,:... 79 SECTION II PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 2.1 PROPERTY OWNERSHIP The subject property is currently owned by Levitt Homes at Emerald Lakes, Inc., a Florida corporation, 7777 Glades Road, Suite 410, Boca Raton, Florida 33434, and The Villages at Emerald Lakes, Inc., a Florida corporation, 7777 Glades Road, Suite 410, Boca Raton, Florida 33434. 2.2 LEGAL DESCRIPTION The subject property is described as follows: Description of part of Section 2, Township 49 South, Range 25 East, Collier County, Florida (Emerald Lakes PUD) (O.R. 937, page 753) The West half (W %) of the Southeast quarter (SE %) of the Northwest quarter (NW %) of the Northeast quarter (NE %) of Section 2, Township 49 South, Range 25 East, Collier County, Florida; subject to a thirty foot (30') easement along the North line thereof for road right-of-way purposes. AND (O.R. 875, page 1949) The East half (E ½) of the Southwest quarter (SW %) of the Northeast quarter (NE %) of the Mortheast Quarter (NE %) of Section 2, Township 49 South, Range 25 East, Collier County, Florida; plus Douglas H. Irwin's (Individually and as Trustee) interest and title in that certain easement described in that 'instrument recorded in O.R. Book 701, pages 1778 and 1779, Public Records of Collier County, Florida. (O.R. 850, page I0) The West half (W ½) of the Southwest quarter (SW %) of the Northeast quarter (NE %) of the Northeast quar~ter (NE %) of Section 2, Township 49 South, Range 25 East, Collier County,' Florida; subject to a 30 foot easement along the North line thereof for road right-of-way purposes. AND (O.R. 900, page 1439) That part of the East half of Section 2, Township 49 South, Range 25 East, Collier County, Florida, described as follows: Commencing at the northeast corner of Section 2, Township 49 South, Range 25 East, Collier County, Florida.; thence along East line of said Section 2, South 2°-13'-05' East 1589.69 feet; thence North 89°-59'-01' West 100.08 feet to the West right of way line of State Road 31 (Pulling Road); thence continue North 89°-59'-.01' West 500.38 feet; thence South 2"-13'-5" East 889.26 feet to the POINT OF BEGINNING of the parcel herein described; thence South 2°-13 '-05' East 500.38 feet; thence North 89~-59'-34' West 1132.56 feet; thence. North 2°-13'-05' West 500.38 feet; thence South 89°-59'-34' East 1132.56 feet to the POINT OF BEGINNING; containing 13.0 acres more or less, being subject to easements and restrictions of record, including those .,..~o~,~,~.c ~] O~r~..r 80 in that certain Warranty Deed to Trustee executed on April 26, 1977, by the Grantors herein to FIRST NATIONAL BANK & TRUST CO. OF NAPLES, as Trustee under the provisions of a trust agreement dated April 22, 1977, known as Trust ~5068, conveying a part of the East % of Section 2, Township 49 South, Range 25 East, Collier County, Florida. AND (O.R. 900, page 1441) All that part of the East ½ of Section 2, Township 49 South, Range 25 East, Collier County, Florida, being more particularly described as follows~ Commencing at the Northeast corner of Section 2, Tow~nship 49 South, Range 25 East, Collier County, Florida; thence along the East line of said Section 2, South 2° 13' 05" East 1589.69 feet; thence North 89° 59' 01' West 100.08 feet to the West right of way line of State Road 31 (Pulling Road); thence North 89° 59' 01' West 500.38 feet to the Point of Beginning of the parcel herein described; thence South 2° 13' 05' East 889.26 feet; thence North 89" 59' 34' West 1132.56 feet; thence South 2" 13' 05" East 500.38 feet; thence South 89" 59' 34' East 1132.56 feet; thence South 2" 13' 05' East 600.77 feet; thence South 89" 51' 40' West's719.61 feet; thence South 2" 13' 05' East 330.00 feet; thence North 89" 51' 40' East 1219.94 feet to the West right of way line of State Road 31; thence along the west right of way line of State Road 31, South 2" 13' 05' East 60;04 feet; thence South 89" 51' 40' West 2587.08 feet; thence North 1° 33' 49' West 2385.19 feet; thence South 89° 59' 01' East 2059.71 feet to the Point of Beginning of the parcel herein described, Collier County, Florida. AND (O.R. 1064, page 329) North ½ of the West ½ of the West ½ of the Northwest % of the Northeast % of Section 2, Township 49 South, Range 25 East, less the South 30' for road, Collier County, Florida, as per the survey dated November 13, 1980, signed and sealed by Joseph R. Cozatt, Jr., Registered Surveyor. AND (O.R. 923, page 451) South ½ of the West ½ of the West ½ of the Northwest % of the Northeast %, Section 2, Township 49 South, Range 25 East, less the North 30' for road, Collier County, Florida. AND (O.R. 802, page 1071) The East ½ of the Southwest % of the Northwest % of the Northeast % of Section 2, Township 49 South, Range 25 East, Collier County, Florida, subject to a right-of-way easement over the northerly 30 feet thereof. AND (O.R. 783, page 1201) The East half (E ½) of the Southeast quarter (SE ¼) of the Northwest quarter (NW %) of the Northeast quarter (NE %) of Section 2, Township 49 South, Range 25 East, Collier County, Florida; plus Grantor's title and interest in that certain easement described in that instrument recorded in O.R. Book 701, Pages 1778 and 1779, Public Records of Collier County, Florida. SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 INTRODUCTION It is the sponsor's intention to create a single and multi-family residential project with recreational and other support facilities. The units shall be centered around existing and proposed lakes, recreational facilities, and common open spaces. The recreational facilities may consist of swimming pools, tennis courts, a Jogging trail, boat docks, and any other additional facilities as may be deemed desirable. 3.2 COMPLIANCE WITH APPLICABLE ORDINA}~CES The project is intended to be in compliance with the applicable Collier County Zoning and Subdivision regulations as well as other Collier County development codes in effect at the time permits and/or plats are requested. 3.3 DEVELOPMENT AND FRACTIONALIZATION OF TRACTS a. When the developer sells an entire tract or a building parcel (fraction of a tract) to a subsequent owner, or proposes development of such property himself, the developer shall provide to the Zoning Director for approval, prior to the development of the tract by the developer or prior to the sale to a subsequent owner of such property, a boundary drawing showing the tract and the building parcel therein (when applicable) and the square footage assigned to the property. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. b. In the event any tract or building parcel is sold by any subsequent owner, as identified in Section 2.04(a), in fractional parts to other parties for development, the subsequent owner shall provide to the Zoning Director for approval, prior to development of the tract by the developer or prior to the sale to a subsequent owner of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the square footage assigned to each of the fractional parts. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. c. The developer of any tract must submit a Conceptual Site Plan for the entire tract in accordance with Section of this document prior to Final Site Development Plan submittal for any portion of that tract. The developer may choose not to submit a Conceptual Site Plan for the entire tract if a Final Site Plan is submitted and approved for the entire tract. d. The developer of any tract or building parcel must submit prior to or at the same time of app]ication for a building permit a detailed site development plan for his tract or parcel in conformance with the Zoning Ordinance requirements for site development plan approval. This plan sh~ll be in compliance with any approved Conceptual Site Plan as well as all criteria within this document. e. In evaluating the fractionalization plans the Zoning Director'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 amount of building square footage and the reasonable accessibility of the fractional parts to public or private roadways, common areas or other means of ingress and egress. f. If approval o£ denial is not issued within ten (10) working days, the submission shall be considered automatically approved. 3.4 LAND USES The arrangement of land use types is shown on the P.U.D. Master Plan. Minor changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation, and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to the Zoning Director for approval or denial, as described in Section 3.3 of this document. The final size of the open space lands will depend on the actual requirement for water management, roadway pattern, and dwelling unit size and configuration. The final size of the parks and recreation areas may vary, but shall be no less than 3.0 acres. 3.5 PROJECT DENSITY The total acreage of Emerald Lakes PUD is approximately 148.27 acres. The maximum number of dwelling units to be built on the total acreage is 525. The number of dwelling units per gross acre is approximately 3.5. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 3.6 RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with applicable Collier County Development Codes, and the standards and commitments of this 'document. 3.7 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in compliance with the Collier County Subdivision Regulations. All necessary easements, dedications, or other' instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 3.8 LAKE SITING As depicted on the P.U.D. Master Plan, existing and proposed lakes have been sited adjacent to planned roadways. The goals of this are to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Collier County Ordinance No. 88-26 may be reduced with the approval of the County Engineer. 3.9' EXCEPTIONS TO THE SUBDIVISION REGULATIONS The following requirements of the. Subdivision Regulations shall be waived subject to. review by the County Engineer prior to construction plan preparation and submittal. 1. Article XI, Section 1: Access - approved. 2. Article XI, Section 10: 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. 3. Article XI, Section 17G: Street Pavement Widths - 10 feet width approved for local streets only and subject to the approval of the County Engineer prior to construction plan preparation. 4. Article XI, Section 17H: Dead End Streets - approved subject to 2,000 feet maximum and the County Engineer's approval at time of construction plan approval. 5. A~rticle XI, Section 17I: Curb Radii (Reduce requirements from forty (40') foot radius to thirty (30') foot radius at local to local road intersections. 6. Article XI, Section 17J~ Intersections requiring curved streets to have a minimum tangent of 100 feet at intersections. 7. Article XI, Section 215 Utility Casings - approved if all underground utilities are installed prior to street construction. 8. Appendix 'D', Local Road Typical Sections - approved only as amended above for local street lane width. 3.10 P.U.D. CONCEPTUAL SITE PLA~{ APPROVAL When P.U.D. conceptual site. plan approval is desired or required by this document, the following procedure shall be followedl a. A written request for conceptual site plan approval shall be submitted to the Director for approval. The request shall include materials necessary to demonstrate that the approval of the conceptual 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: 1) Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off-street parking. and off-street loading areas; yards and other open spaces. 2) Plans showing proposed locations for utilities hookup. 3) Plans for screening and buffering. b. In the case of cjustered buildings required property development regulations may be waived or reduced provided a site plan is approved under this section. c. A fee consistent with the current fee schedule for County Site Development Plan approval shall accompany the application, unless a specific fee for Conceptual Site Plan review is adopted. d. If approval or denial is not issued within twenty (20) working days, the submission shall be considered automatically approved. 3.11 SITE DEVELOPMENT PLAN APPROVAL Site Development Plan approval, when desired or required by this document, shall follow the procedure as outlined in the Zoning Ordinance. SECTION IV RESIDENTIi%L LAND USE REGULATIONS 4.1 PURPOSE The purpose of this section is to set forth the regulations for the residential areas shown on the P.U.D. Master Plan. 4.2 GENERAL DESCRIPTION Residential areas designated on the Master Plan are designed to accommodate a full range of residential dwelling types, recreational facilities, essential services, customary accessory uses, and compatible land uses. 4.3 PErmITTED USES A}iD 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 followings a. Permitted Principal Uses and Structures: l) Single family and multi-family dwellings, patio homes, cjuster and zero lot line homes, townhouses, garden apartments. 2) Water management facilities and lakes. ~ 3) On-site wastewater treatment facilities. (A 50 feet setback from the tract boundaries shall be required. Upon development of any land adjacent to this tract, a landscaped buffer shall be required along the tract boundary adjacent to the development). 4) Manager's residence. 5) Model units shall be permitted in conjunction with the promotion of the development. The model units shall be converted to residences at the end of a two year period unless otherwise specifically approved by the Zoning Director. b. Permitted Accessory Uses and Structures: 1) Customary accessory uses and structures. 2) Signs. 3) Recreational Facilities. 4) Commercial excavation, including offsite removal of fill, shall be permitted in conjunction with lake siting subject to all requirements and regulations of the Collier County Code of Ordinances. 4.4 DEVELOPMENT STANDARDS The following table sets forth the development standards for permitted uses within the Emerald Lakes PUD. For category 1 and 2 uses, all requirements are in relation to individual lot boundaries. For the remaining categories (3-5) requirements are in relation to fractionalization parcel boundaries in accordance with Section 3.3 of this document. Standards for landscaping, signs, and buffering for SF sites adjacent to the Animal Control Facility and other land uses not specified herein are to be in accordance with Collier County Zoning Regulations in effect at the time permits are requested. Unless otherwise indicated, setback, height and floor area standards apply to principal structures. EMERALD LAKES PUD DEVELOPMENT STANDARDS TWO-UNIT AND SINGLE FAMILY MULTI-FAMILY SINGLE SINGLE FAMILY VILLA & PERMITTED USES FAMILY ZERO CjustER GARDEN STANDARDS DETACHED LOT LINE HOMES TOWNHOUSE APARTMENT CATEGORY 1 2 3 4 5 MINIMUM SITE 8000 5500 3000 1 1 AREA SF SF SF AC AC SIT~ WIDTH 75 50 50 150 150 MIN. AVG. (EXCEPT CUL-DE-SACS} SITE DEPTH 110 110 60 150 200 MIN. AVG. FRONT YARD 30 25 20 30 30 or BH SETBACK SIDE YARD 10 0 or 10 0 or 10 15 20 SETBACK LAKE BANK 20 20 0 20 20 SETBACK REAR YARD 25 25 15 30 BH ,SETBACK REAR YARD 10 10 10 10 10 SETBACK ACSRY. ,MAX. BUILDING 30 30 30 3 stories - Tracts HEIGHT (FT.) B, C, D and E 2 stories - Tracts F, G and H DIST. BETWEEN 20 0 or 10 0 or 10 .5 .5 PRINCIPAL STR. SBH SBH FLOOR AREA 1000 7~0 750 900 750 MINIMUM (S.F.) OFFSTREET 2 2 2 1.5' 1.5' PARKING SPACES DENSITY U/A N/A N/A 8 12 16 * A minimum of 1.5 paved parking spaces per unit shall be provided for Unit 3 and Unit 4 of the Emerald Lakes PUD. However, a minimum of 536 parking spaces shall be provided for Unit 5 of the Emerald Lakes PUD. Subject to the 'Unit 5 Additional Parking Plan' (known as Wilson, Miller, Barton and Peek, Inc. File #D-971, Sheet 12 of 13), a minimum of 430 the required number of parking spaces shall be paved while 106 of the required number of parking spaces may be grass parking. SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this section is to set forth the standards for development of the project. 5.2 TRAFFIC IMPROVEMENTS a. Intersection improvements at project entrances shall be provided by the developer. b. A sidewalk/bike path shall be located along one (1) side of the main internal road system. c. The developer shall make a fair share contribution toward the capital cost of a traffic signal at the intersection of Airport Road and Orange Blossom Drive when deemed warranted by the County Engineer. The signal shall be owned, operated and maintained by Collier County. d. Any water management system utilizing the Airport Road storm sewer system shall be subject to control by the County Transportation Department so as to assure no excess discharge into the Airport Road canal when any part of the canal and/or canal crossings reach 75 percent of capacity as determined by the County Engineer. e. Entrance way street lighting shall be provided by the developer. Its operation and maintenance costs shall be paid from the lighting district of the PUD. f. The developer shall redesign the intersection of Airport Road and Orange Blossom Drive so as to properly align the east and west legs of the intersection, and shall construct the west leg between the intersection and =he project entrance. g. The above improvements are considered "site-related" as defined in Ordinance 85-55, and shall not be applied as credits toward any impact fees required by that Ordinance. h. In accordance with Ordinance 85-55, requiring development to contribute its proportionate share of funds to accommodate the impact of proposed development and area roads; Levitt Homes at Emerald Lakes, Inc., and The Villages at Emerald Lakes, Inc., or their successors or assigns, agrees to pay road impact fees in accordance with the adopted fee schedule, at such time as building permits are requested. i. Contributions made by the developer for improvements to Goodlette-Frank Road Extension and Orange Blossom Road (Carica Road Extension) from Goodlette-Frank Road to the project entrance shall be considered non-site related and such contribution shall be credited against local road impact fees. 5.3 SOLID WASTE DISPOSAL .. Arrangements and agreements shall be with the approved solid waste disposal service to provide for solid waste collection service to ~11 areas of the project. 5.4 PUD MASTER DEVELOPMENT PLAN a. The PUD Master Plan (Wilson, Miller, Barton, Soll & Peek, Inc., Drawing File No. RZ-143, sheet i of 3), is an iljustrative preliminary development plan. b. The design criteria and layout iljustrated on the Master Plan shall be understood as flexible so that, the final design may satisfy the project and comply with all applicable requirements. Acreages shown on the P.U.D. Master Plan are approximate and subject to minor changes to accommodate final engineering plan. c. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. d. Minor design changes shall be permitted subject to County staff administrative approval. e. Areas iljustrated as 'lakes' are either existing or approved lakes, and upon approval, parts thereof may be green areas in which as much natural foliage as practicable shall be retained. Such .areas, lakes and/or natural green areas, shall be of general area and configuration as shown on the Master Plan. ~ 5.5 UTILITIES a. A central water supply system shall be made available to the project. The water supply source for the project shall be the Collier County system. b. The project shall be served by a central wastewater collection system. A County approved, on-site or off-site wastewater treatment and disposal facilities shall be provided and/or made available. c. The utilities stipulations contained in the memorandum dated July 8, 1986, are attached hereto and included herein by reference. d. Any establishment requiring a CCPHU permit must submit plans for review and approval. e. Proof of adequate fire flow provision shall be submitted at time of construction plan approval. f. If grass parking is utilized, and is placed within County utility easements, the Developer, his assigns or successors (including ~he homeowners' association(s)), shall enter into an Agreeme~.t with the Collier County Water-Sewer District to hold thc District harmless for any and all damages occurring to any real or personal property as a result of water leakage, breaks, or other damage to the pipes, or for maintenance, repair, or other activities normally associated with the use of said easements. 5.6 WATER MANAGEMENT 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. Excavation Permits will be required for the lakes in accordance with Collier County Ordinance No. 88-26. c. There shall be a two (2) year Sunset clause on lake excavations from the date of approval of this petition. 5.7 ENVIRONMENTAL CONSIDERATIONS a. A site clearing plan shall be submitted to the Natural Resources Management 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 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 Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other specifies, if any. The goal of site landscaping shall be the recreation of native vegetation and habitat characteristics 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 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 techniques and inspection intervals, shall.be filed with and approved by the Natural Resources Management Department and the Community Development Division. d. If during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources 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 Management Department will respond to any such notification in. a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 5.8 ENGINEERING a. Sidewalks sllall be provided on one side of the streets shown on the Master Plan, except that sidewalks shall be'provided on both sides on that section of the loop road between the southeasterly and southwegterly cul-de-sacs. b. The Master Plan shows a divided road for Orange Blossom Drive. At present, this road is a two lane undivided 'road. The developer shall be responsible for constructing any necessary improvements to Orange Blossom DrLve. 5.9 POLLING PLACES Pursuant to Section 9.11 of the Collier County Zoning Ordinance, as amended, or its successor provisions in the unified Land Development Code, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations or tenants' associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 5.10 PUD MONITORING An'annual monitoring report shall be submitted pursuant to Subsection 7.27k. of the Collier County Zoning Ordinance, as amended, or its successor provisions in the Unified Land Development Cods. SECTION VI DEFINITIONS AND ABBREVIATIONS Unless otherwise defined herein, all words and abbreviations shall have their commonly accepted meanings, or as specifically defined in the Collier County Zoning Regulations. l) B__H (Building Height): As defined in the Collier County Zoning Regulations. 2) CZR: Per Collier County Zoning Regulations in effect at the time building permits are sought. 3) DENSI~f: The number of units permitted per gross acre of land (not including portions of lakes as shown on the Master Plan) contained within an assigned fractionalization parcel as described in Section 3.3 of this PUD document. 4) IMPERVIOUS AREA: The area of and surfaces which do not allow the penetration of water, described as a percent of total site area. 5) SITE AREA: The area within a specified parcel of land. For 'R' category 1, 2 and 3 uses, the site is that parcel assigned to a single dwelling unit. For all other categories, the site is that parcel identified in the fractionalization plan as described in Section 3.3 of this P.U.D. document. 6) SITE DEPTH AVERAGEs Determined by dividing the site area by the site width. 7) SITE WID~H4~ The average distance between straight lines connecting front and rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line). 8) SBH. (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. ' "' Memorandum '-' ~' July 8, 1986 ~,?-'Ann HcKIa, Planning Department R_MThomas A. Donegan __ ~a: ~ecicion ~o. ~-86-17C - ~rid~ec L a~e P~D "' Ve have reviewed chi above referenced Petit!on and have no oblecclon co '- " the rezone as'requested, ~owever, vi require the follovin~ scipulaclon$ as a co~dic~on to our reco=~endacion for approval: A) Voter & $~ver I) Varec distribution and sevase collection and transmission systems will be constructed chrouihouc the project development by chi develop~r pursuant co all ~urrenc reluire=en~s ol Collier County and the · Scare of Florida. Vicar and liver faciliciis constructed within platted rilhts-af-vay or within utility ease~encs required by the County shall be conveyed co the County for ownership, operation and maintenance purposes. pursuant co appropriate. Counc~ Ordinances and r,lul~clons in effect at the ci~e o~, conveyance. ).ii voter and saver ficiltci~s consc~cce~ on privact pro~ercy and hoc required by the County co be located vlthln "2;(% utilit~ easeaents shall be owned, operated and maintained by the ~ Developer, his assiins or successors. Upon co=pltcion of construction ~hl water and saver facilities within the project, the facilities vel1 be tested co insure they meat Collier County's ucillty conscrucclon require~ents in ellact ac chi c/me construction plans are approved. The above casks must be coaplecsd co the sacisfac:ion of the Division prior Co placin~ any utility facilities, County owned or privately ovnad, into service. Upon co~placion of the varec and/or sever facil~cias and prior co the issuance of Certificates ol Occupancy for structures within chi pro~ect the utility facilities shall be con- ve~ed co the County, when requirsd by the O~ilicies Division, pursuant to County Ordinances and Relula~ions in eff~cc at the tire conyeyance is requested. The water facilities shall be {urntd.over to the City of Naples. 2) All construction pla~s and technical specifications and proposed place, if applicable, f~,r chi proposed water distribution and seva~e collection and cransmiss:.on facilities m~st be reviewed and approved by the Utilities Division prlor Co commencement of construction. 3)' A/1 cuscouers connecting Co ~he sevale collection facilities will be customers o~ the County and vel1 he billed by the County in accordance with chi County's established rates. Should the County not be in position ~o provide se~er lerVice to the project, cbs sever cuscouers shall be customers ot the intlrim utility established Co serve project un~il the County's off-sics seve~ facilities ara available co .[ . serve the project. Voter supply and billies shall he provided by the ClCy of Naples, intlrimly. To: Ann HcKlm, Planning Deparcmenc July 8, 1986 &) lc is anticipated' chac the County Utilities Division will ulci:z:~17 receive and crest the sewage Ceneraced by chis project. Should the Councy system hoc be in a position receive the proJecc's wascovacer ac the cite develop=eno cocmen¢ls, chi Developer, ac his expense, vii1 inscall and operate interim on-site sevage'creacnenc and disposal ~acilicies adequace Co nsec all requirements of the approprlace relulacory aiencies, 5) '~a /~reemenC shall be :entered into betvsen the County and cbs Deyeloper, binding ~n cbs Developer, his assitns or successors, legally acceptable co cbs County, prior to chi approval of construction doter=enos ~o~ the proposed prolecc, scacin[ a) The proposed on-sics~a~ce~a~er treatment and disposal ~aciliCles, i[ required, irt to bi construcced as parc of cbs proposed prolecc and =usc be ~ela~ded as incsri:; ~hey shall be consol-noted co Scace and Federal standards ~d ars co be o~mtd, operated end maintained by chi Developer, his sssii~or successors unCil such ciae as ohs County's off-siCl 'sewer facilicimsl~ra available to me~ce ohm project. ~e incer~ crmac:enc facilities shall supply se~ic~s only co chose lands o~ed by the Developer and approve~.by..cha, County for development. . ~e .uti!icy .. facility ~y hoc ba.e~a~ded ~o provide sever se~ice outside ~ha developmen~ bounda~ approved by ~he County vl~hou~ ~he ~i~en consen~ dl Cbe County. ,~ .... 'b) Upon ~o~ec~ioa ~o ~be ~uacy's off-si~ se~er {acili~i~s, Developer, bis assigns or successors shall abandon, dismancle and re=ore ~h chis activity shall be perlo~ed ac no cos~ co ~he County. c) Connection ~o the County's gib-siva se~er fzcili~les ~i.ll be made by cha o~ers, ~heir ASSit~S Or S~ccessors aC no Cost ~o ~ha County ~i~hin 90 days after such {acilLcias become available. The cost ol connection shall include, -bu~ aa~ be limited ~o, all enginae~in~ desitn and preparation o{ construction documents, ~e~i~int, modificz~ion or reEi~ing o{ existing se..~age pumping ~acllicies o~ cons~c~ian of mas~er savage pumping {acill~ies, in~erconnec~ion ~h County qff-si:e facilities, se~e~ lines ~ec~ssa~ co ~kg ~he connec~ion(s), g) A~ ~he ~e County o~f-si~a~se~er facilities are available for proJec~ co'connec~ ~h, ~he. Eollo~ng se~e~ facilities shall be conveyed ~o ~he County pursuan~ ~o appropria~a County O~dinanc~s and To: Ann HcKia, Planning Department '~ July 8, 1986 ri~h:s-o~-vay o~ vithin utilit7 ease=ones required by the " County vithin the project liuits required to &eke connect!on vith the County's off-site sever facilities; or, 2) All sever facilities required to connect the project to the '. CouncT's off-site sever facilities when the on-site sewer facilities are construc:ed on private property and no: required · by the County to be located ~ri:hln utility easements, ~nclud!ng buc not 1L~ited to the folloving: a) Hain sevage lift station and force main inter- connecting vich .the County sever facilities ~cludint all utility ~as,~ancs necassl~. e) ~a cuscouars sa~ad on an incer~ basis b7 chi uc~ity syste= cons~cced by the Developer shall bacz=e customers of the County ac cbs t~a whmm County off-site sever facilities ara available to se~e the project and such connection is made. Prior =o connection o~ ~he proJac= to the Cou~7's of~-sita sever facilitlas the Develope:, his assi~s, or successors shall tu~ over co the County a completa lisc of the cusco=ers se~ed by the inceri= utilities system and shall hOC c~eca ~ch County ~o: the se~ice of those customers. ~a Developer s~ll also ~rovide the County with a detailed iavenco~ ol the facilities sa~ed ' ~ichln the proJacc and the entity which yell be responsible for the sever semite billing for the project. f) ~1 const~ction plans and technical specifications related to connections to the County's sever facilities ~11 be submitted ~o the Ut~lcies Division lot review and approval prior to 'co~encemanc of const~ction. ~) ~e Developer, his assignS-or successo~ agree co pay all syscen development charges ac the t~a thac ~uilding Pa~ies a:a :equi:ed, pur. suanc co appropria.ce County Ordinances and Regula:ions in eflecc ac the time o~ Pa~ic request. ~is requireoenc shall be made ~o~ ~o all prospective buyers o~ properties for which building pe~ics vLll be required prior co the sci:':c of building ~onsc~c:ion... h) ~e County yell lease to the Developer ~or operation and the sewage collection and crans~ssion system for the s~ of $I0.00 per year, vhem such system is hoc cognecced to the of~-sica sever facilities o~ed and operated by the. Count7. Te~s o~ the lease shall be de=e~ined upon completion ol the proposed utility const~ccion and prior. ~o To~ Ann McKim, Plannint Department ~:! activation of the . sewage collection, trane:lesion and ~ : facilities. The Lease, if required, shall remain in effect until the County can provide sewer set-vice through its off-sire facilities or until such time chat sewer service agreements are negotiated with the inter!= · utility system serving the project. ._ B) Data required under County Ordinance No. 80-t12 showing the avail- ability of sewage service, must be submitted and approved by chi Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the was:evener treatment 'to be utilized, upon receipt thereof· C) Construction and ownership of the water and sewer facilities, ~ncludin$ any proposed interim voter and/or sewage treat=eec facilities, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, Practices, soc. in effect at the time construction approval ~' ~ is requested. . .~.~ D) Detaile~:hydraulic design lo,ores:covering the ~acer distribution and sewage collection and transmission systems to serve the pro, eot must be submitted with the construction dote=ones for the pro, eec. The reports shall list all design assumptions, demand rates and ot~er factors pprtinenc to the system under consideration. E) The water distribution systea extension to se:~e the prolite fro= exiscinl (in:er~m) ¢it7 o~ Naples ~ater facilities located within the Airport Road rights-of-way shall be connected to the pro~.ectts southern property line via a water main extension on Orange Blossom Drive, extended throughout chi project and looped back to the Airport Road water uin via & water' nain extension on Tennis Court Lane adJacen: the pro]ac:'s northerly propertZ line. 9acer nai~ shall be extended to : ~he property l~ne at ~he Goodlette-Frank R~ad £~tenston. All work related to off-site water main.extensions shall be 'perfor:ed at no cost to the County or the City of ~aples. " F) The P~D document, Section ~.5 Utilities shall be revised to make reference to this memorandum, by date%, and spicily the · acceptance of the stipulations contained'herein. A revised copy o~ =he PUD document and dralc O:dinar~e lot the rezontng approval must be subaitted to the Utilities Division £or review and approval prior Petition being presented for consideration by the Board of Coun:y Co~aissioners. 06 COI..I. IER COUNTY C;OVI~I::tNI~ ENT COMPLEX October 14, 1986 Co~ie~ Cou=c7 ?ro]ec~ ~o. Dear Hr. Kuck: In r, lponse ~',~our letter o~ October 1,. 1986. a meeting vas held on October 10, 198& wber(L~ we discussed several desL~m alternatives, iub~ecc as above. In accand~nca v~re: ~'~: , Robert Juncunan, P.E. and desires p(rcaLnin$ co cha raaLlgn~enc of the easc and vasc La~s o~ the existing Oransn ~lossom Drive ~n~er~eccLon ac C.R. I. .Inasmuch a~ ch~ developer of B~idgac Lake vi. il be undertaking a [our lane ~ivided roa~vay i~provemenc.vichin che foreseeable: fUcure. Collier Couucy vil~ de,ere cu~ la~e a~d widening improvcmenc~ alon~ vest Or&uge Blosso~ Drive as originally proposed and sho~ on plea ~heec Ro. 12 of 78, ProJecc No. 20088. ~us, the County vill li=lc irs road consc~ccion pro~reJl co providing adequace radEi conneccions from che new pavement onto the ex~sci~g cwo lane ro~dvay as vel[ as the con3c~cc~on of a southbound co vescbo'md right-cum lane along C.R. 31. 2. A ninety :~e~ree "crol~-ln~ersec~lon" is desired in lieu cencerlin~' ali~nmenc as proposed duo,ns our mcecin~. Consequaucly, the d~veloper vil~ probably need co contain proposed ~our-lan[n~ improve=enos vichin the presenc 60 fo. veec Orange Blossom Drive right-of-way plus ~dd~cicnal right-of-way ~hich may be obcait~cd fro~ Collier County ac ~(veloper'~ colo. Based on cur inEc~al a~lumpcion chac the developer'l roAdvay needl veil relume In a ney rlGhc-o[~ay of 90 feec (:), thc fucurc easterly lzg o~ Orange Bloilom Drive will allo bi postcloncd Hr. T. E. Kuck. P.E. October l&, 1986 ~gh~-o~y o~ cha a~na ~pp~ox~a ~h. The reco~c~c~o~ o~ 3.. Xm vier of ~he above, va loo~ dotard ~o cha developer aub~ing dated July 8, 1986, l~ ia r~qu~s~d chac p~l~ina~ d~si~.dr~n~s s'pacllild under Couu:7 P~o~,ec~ ED. 20088. 4.. ~oll~int tinal acceptance' ol':the incaraectiou design, conat~c~lou viii be pe~cted :o cbs Bridget ~ke development and lucure develop:e~c~ the east side in accordance rich chac plan. The east la8 of Orange Blossom Drive rill teuin I private drive, and future develop=enos rill · . be required to address right-of-ray needs alon$ ~ith co~st~ction and o~hlt req~emen~l a~ thl~ l~ you should require additional in~o~ation or clart~!caclou, please hesitate to call upon me or our Stall ~nglneer, Ladd Ve~7 tSuly yours, :~:~. '., Public Wor~ Ad~niscrator ;~$~, cc: Hr. Ton Peek, ~.~. ' :~'~'",, Hr. Ear~ ~uber~ Engineering. Director '- t.: ~ ~ .' .,: ffi 98' October 22, 1991. Adopted by thc .qCC. TRACT 'C" ~ TRACT 'A' I~S4X)n'~4. AJItA $1J L. ~.a~ ~.A i4.4 &4 ~A r~e A~.A ~ ,,~ 2.014 LAKE COUNTY OF C0~.LIER ) : I, JAMES C. GILES, 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. 91-99 which was adopted by the Board of County Commissioners on ~i[i:I'' ~ the 22nd day of October, 1991, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd. ~.~ .' f:' :day of October, 199~. .. i" \a~'~'~4- '~'' " ; : JAMES C GILES o:: .. . . [' Clerk of Courts and Cl~.'.~ ~ : Ex-off/cio to Board of-:' '~ County Commissioners ,- :'j . ..-~ By: /s/Maureen k~enyon ] .~ ~'\ Deputy Clerk