Ordinance 90-006 ORDINAHCE 90-6
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 50-26-2 BY
C}LkNGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A-2
TO "PUD" PLANNED UNIT DEVELOPMENT FOR
RESIDENTIAL, CjustER HOUSING, ADULT
CONGREGATE LIVING FACILITIES, AND
CONDOMINIUMS, RETAIL ON THREE (3) OUT
PARCELS, AND EITHER A MOTEL OR 150,000
FEET OF OFFICE SPACE ON THE CENTE~.,:..
SQUARE
TRACT, TO BE KNOWN AS NEAPOLITAN PARK '~..
FOR PROPERTY LOCATED ON THE NORTH SIDE OF?'
DAVIS BOULEVARD (SR-84) APPROXIMA.TELY 650'.
FEET EAST OF SANTA BARBARA BOULEVARD
CONSISTING OF 20+ ACRES, LOCATED IN
SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert Duane of Hole, Montes and Associates,
representing William M. Pogue, of Davis Boulevard Partners,
petitioned the Board of County Commissioners to change the
~. zoning classification of the.herein described rea~' o.
property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
.,, The Zoning Classification of the herein described real
~57 property located in Section 4 Township 50 South, Range
~." East, Collier County, Florida is changed from "A-2" 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 50-26-2, as descri~;i~
ordinance Number 82-2, is hereby amended accordingl~:=%
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.
DATE: January 23, 1990 BOARD OF COUNTY COMMISSIONERS
'..%~. :, ,] ,j .-.. COLLIER COUNTY, FLORIDA
~ ..' .ATTEST:~' BY: L
;.i: ..~,. :: JAMES C. Gi'~.ES,...~ CLERK MAk-A.' HASSE, JR., CHAI~RMAN
':,, Z.. './:,.,-,- ' ~/ '
~i~ ',~P~R. gV, ED' AS TO FORM AND LEGAL SUEFIC~ENCY
" 3.~'~.,,,~_.,.,.... -~'}~ ,,/zc,:~,:~ .. ' ...
MARJORIE M. STUDENT
'i,' ASSISTANT COUNTY ATTORNEY -: '-
R-89-17 PUD ORDINANCE Th~ ~l~on~e {lie4 wl~ ~
NEAPOLITAN PARK . ,.
PLANNED UNIT DEVELOPMENT
~MA FILS NO. 88.128
Prepared ~By:
Hole, Montes & Associates, Inc.
715 Tenth Street South
Naples, Florida 33940
(813) 262-4617
JANUARY 1990
{.
TABLE OF CQ~TENT$
PAGE
I. STATEMENT OF COMPLIANCE ................. 1
II. PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND
SHORT TITLE AND UNIFIED CONTROL ................. 2
III. STATEMENT OF INTENT AND PROJECT DESCRIPTION ..... 3
IV. GENERAL DEVELOPMENT REGULATIONS ................. 4-10
V. TRANSPORTATION REQUIREMENTS ..................... 11
VI ENVIRONMENTAL STANDARDS .......................... 12-13
VII. ENGINEERING AND UTILITIES REQUIREMENTS .......... 14-19
VIII. WATER I'[~IAG~NT REQUIRemENTS ................... 20-21
LIST OF EXHIBITS
A. CONCEPTUAL MASTER PLAN
SECTION I
STATEMENT OF COMPLIANCE
The purpose of this section is to set forth how the proposed
development complies with all applicable requirements of the
Collier County development regulations and the intent of the Davis
Boulevard partners on 20 acres of property located in Section 4,
of Township 50 South, Range 26 East. The name of.this PUD is to
be Neapolitan Park. The development of this .Planned Unit
Development will be in compliance with the planning goals and
objectives of Collier County as set forth in the Growth Management
.Plan. This compliance includes:
1. The subject property is located in an area identified as an
Activity Center in the Growth Management Plan for 'Collier
County.
2. Activity Centers are the preferred locations for the
concentration of commercial and mixed use development.
activities. The proposed development includes a mix
retail, office, and residential uses, to satisfy this
.criteria.
3. The project development is planned to incorporate natural
systems, existing and manmade, for water management in
accordance with their natural functions and capabilities.
4. Provisions are included in the project to minimize the number
ingress and egress points onto Davis Boulevard by providing
for provisions for shared access with adjoining properties.
5. The project shall be in compliance with all applicable County
regulations including the Growth Management Plan.
6. The project will be served by a complete range of services and
utilities as approved by the County.
7. The project is compatible with adjacent land uses through the
internal arrangement of structures, the placement of land
buffers, and the proposed development standards contained
herein.
8. The Planned Unit Development includes extensive open spaces
which are preserved from future development in order to
enhance their natural functions and to serve as a project
amenity.
SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIPTION
SHORT TITLE & UNIFIED CONTROL
2.1 The subject property is currently owned by: .'.
Davis Boulevard Partners ". ".
2.2 The subject property is described as follows:
The East 1/2 of the Southwest 1/4 of the Southwest 1/4 of
Section 4, Township 50 South, Range 26 East; less the South
75 feet thereof reserved for road right-of-way (Davis
Boulevard), Collier County, Florida.
2.3 This Ordinance shall be known and cited a~ the "Neapolitan
Park Planned Unit Development Ordinance."
STATEMENT OF UNIFIED CONTROL
It is the intent of Davis Boulevard Partners to establish a Planned
Unit Development on 20 acres in Section 4, Township 50 South, Range
26 East, Collier County, Florida.
The subject property is under unified ownership for the purpose°of
obtaining PUD zoning.
Development of this Planned Unit will occur in accordance with the
submitted PUD regulations and any conditions approved with the
rezone petition as described and- agreed to within this PUD
document.
!
SECTION III
STATEMENT OF INTENT AND PROJECT DESCRIPTION
3.1 INTRODUCTION
It is the developer's intent to establish a mixed use Planned
Unit Development. It is 'the purpose of this' dOcument to set
forth flexible guidelines for the future development of the
project that meet accepted planning principles and practices
and to implement the Growth Management Plan.
i) Exhibit "A" PUD Master Plan, constitutes the required PUD
Development Plan. Subsequent or concurrent with PUD
approval a Subdivision Master Plan shall be submitted for
the entire area included in the PUD Master Plan. All
divisions of property and the development of the land
shall be in compliance with the Subdivision Regulations.
ii) The provisions of Section 10.5 of the Zoning Ordinance
shall apply to the development of all platted tracts, or
parcels of land as provided in said Section 10.5 prior
to the issuance of a building permit or othe~ development
order.
3.3 SITE CLEARING AND DRAINAGE
Clearing, grading, earthwork, and site drainage work shall be
performed in accordance with applicable Collier County Codes
and Ordinances and the standards and commitments of this
document.
3.4 EASEMENTS FOR UTILITIES
Easements, where required, shall be provided for water
management areas, utilities and other purposes as may be
needed.
All necessary easements,'.dedications or other instruments
shall be granted to insure the continued operation and
maintenance of all services and utilities. This will be in
substantial compliance with applicable regulations in effect
at the time approvals are requested.
I
SECTION IV
GENERAL DEVELOPMENT REGULATIONS
The purpose of this Section is to delineate and generally
describe the project plan of development, the respective land
uses included in the project, as well as the ~roJect's
development criteria.
4.2 GENERAL '
Regulations for development shall be i~ accordance with the
standards set forth in this document. Where specific
development standards are not set forth, applicable
development standards of the Collier County Zoning ordinance
shall apply that are in effect at the time of application for
the relevant permits.
4.3 LAND USE INTENSITIES
Tracts one (1), and two (2), and three (3) that front onto
Davis Blvd. are permitted the full range of commercial uses
identified in Section 4.4. Tract four (4) is permitted office
.or motel use only, and tract five (5) residential land uses.
The following table sets forth the maximum yields permitted
on each tract. .
Approx. '
Tract Use Acreage Intensity
One Commercial 1.20 .25 Bld Coverage
Two Commercial 1.20 .25 Bld Coverage
Three Commercial 1.10 .25 Bld Coverage
Four office/Motel* 6.2 150,000 s.f.
Five M.F. Res.** 6.9 81 units***
* Motel uses may be develope~ at a density of 26 units per
acre. Densities not utilized on Tract five (5) may be
transferred to Tract four (4) for the construction of
additional motel units.
**' ACLF units may also be developed at a density up to 26
units per acre in accordance with the standards of this
ordinance. -.
***Multi-family units (MF) may be developed up to 16 units
per acre.
4 _
427
4.4 P~RMITTED USES AND STRUCTURES
A. PRINCIPAL RESIDENTIAL USES:
1. Permitted Principle Uses:
a. Multi-family Dwellings
b. Adult Congregate Living Facilities (ACLF)
c. Group and cjuster housing. .-
2. Residential Accessory Uses:
Accessory uses any structures customary in
residential areas or for transien~ lodging
facilities. ~
B. RESIDENTIAL DEVELOPME, NT STANDARDS
a. Maximum Density - Sixteen (16) dwelling units
per acre
b.Minimum Lot W~h - One Hundred Fifty (150)
feet
c. Setbacks an~'Yard Re~lirements: --
1. From Tract Boundary - Minimum 15 feet-_
2. From Vehicular Use Area - Minimum 10 feet
3. From Designated Wetland and/or Water Body
- Minimum 20 feet
4. From Vehicular Driveway and/or Street -
Minimum 20 feet
d. Maximum Height of Structures - Forty (40) feet.
e. Distance Between Structures - Between any two
(2) principal structures on the same parcel
there shall be provided a distance equal to
one-half (1/2) the sum of their heights.
f. Minimum FlOor Area - Six Hundred (600) square
feet for one (1) bedroom units and seven
hundred fifty (750) for two (2) bedroom units,
and nine hundred (900) square feet for three
(3) bedroom units.
g. Minimum Lot Size - 1 acre.
h. Minimum Off Street Parkin~ - Per the
./ · ~ requirements of the Collier County Zoning
~ Ordinance.
il 2. Adult Con,re,ate Livin~ Facilities
The following development standards shall apply to
the assisted care living facilities - ACLF:
a. Maximum Number of ACLF Units De~. Acre - Twenty
ii six (26) units per acre.. ..
~. b. Maximum ACLF Unit Area - Four hundred (400)
square feet for efficiencies, five hundred
(500) for one bedrooms and six hundred and
'".. fifty (650) for two bedrooms.
c. Recufred Park~Dq SPaces - One space per three
ACLF beds plus one space per two employees.
d. Accessory uses to support housing· for the
'~' elderly such as centralized eating areas,
~' recreational facilities, sundry retail uses and
~, other similar kinds of uses.
e. All other development standards shall be in
accordance with development standards of this
document. Adult Congregate Living Facility
shall be defined as set forth in Chapter
400.402, Florida Statutes.
Spatial relationships for structures resulting
from this permitted use shall be determined at
the time of Site Plan Approval application
submission pursuant to Secticn 10.5 of the
Zoning Ordinance:'
C. COMMERCIAL USES[
,. · 1. Uses and Struc~ure~ 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:
2. Permitted Principal Uses and Structures:
~ a. Antique shops; appliance stores; art studios;
~i art supply shops; automobile parts stores;
automobile service stations, with repairs as
¥ .. an accessory use (in accordance ~ith the
i standards of Section 9.8 of the Zoning
Ordinance);
b. Bakery shops; bait and tackle shops; banks and
i' financial institutions; barber and beauty
shops; bath supply stores; bicycle sales and
services; blueprint shops; bookbinders; book
stores; business machine services.
c. Car washes; carpet and floor covering sales -
which may include storage and installation;
churches and other places of worship (in
accordance with the standards of section 8.11
· of the Zoning Ordinance); clothing stores;
~ cocktail lounges (in accordance with the
~- standards of Section 8.11 of the Zoning
~" Ordinance); commercial recreation uses -
~" indoor; commercial scho61s; confectionery and
' candy stores.
d. Delicatessens; department stores; drug stores;
dry cleaning shops; dry good stores; and
~' drapery shops.
e. Electrical supply stores; equipment rentals,
including lawn mowers and power saws,
f. Fish market - retail only; florist shops;
i: fraternal and social clubs (in accordance with
the standards of Section 8.11 of the Zoning
' Ordinance); funeral homes; furniture stores;
'~" furrier shops. .
,, g. Garden suppi~ stores - outside display in side
and rear yards; gift shops; glass and mirror
sales - including storage and installati~un;
gourmet shops.
~' h. Hardware stores; hat cleaning and blocking;
r health food stores~ homes for the aged;
~i hospitals and hospices.
~. i. Ice cream stores.
j. Jewelry stores.
k. Laundries - self service only; leather goods;
legitimate theatres; liquor storee~ locksmiths.
1. Markets - food; markets - meat, medical offices
and clinics; millinery shops; motels and
hotels; motion picture theatres; museums; music
stores.
7
!'~ ~ m. New car dealerships - outside display
~" permitted; news stores; night clubs (in
r accordance with the standards of Section 8.11
of the Zoning Ordinance).
n. office - general; office supply stores.
o. Paint and wallpaper stores; pet shops; pet
supply shops; photographic equipment stores;
pottery stores; printing; publishing and
mimeograph services shops; private clubs (in
accordance with the standards of section 8.11);
professional officss.
p. Radio and television sales and services; radio
~. station (offices and studios), and auxiliary
transmitters and receiving equipment, but not
principal transmission tower; rest homes;
restaurants - including drive-in or fast food
restaurants; (in accordance with the standards
of Section 8.11 of the Zoning Ordinance).
q. Shoe repair; shoe stores; shopping centers;
souvenir stores; stationery stores;
" supermarkets and sanatoriums.
:~ r. Tailor shops; taxidermists; tile sales -
i' ceramic tile; tobacco shops; toy shops;
tropical fish stores.
s. Upholstery shops.
i t. Variety stores; vehicle rental - automobiles
only; veterinarian offices and clinics - no
~' outside kennels.
~ u. Watch and precision instrument repair shops.
v. Any other commercial use or professional
service which is comparable in nature with the
~. foregoing uses and which the County Manager or
his designee determines to be comparable to and
compatible with the foregoing uses.
3. A~gssorv Uses
~'! a. Accessory uses and structures customary in
commercial, and residential areas including
recreational facilities sewage treatment plant
facilities and other essential services.
D. COMMERCIAL DEVELOPMENT STANDARDS
1.Minimum Lot Area - Twenty thousand (20,000) square
feet.
2. Minimum Yard Re~utrements £×terna] Pro~ect
Boundaries .
a. Front Yard - Fifty (50). feet as measured from
Davis Boulevard right-of-way and' twenty (20)
feet from any interior, right-of-way.
b. Side Yard - None, or a minimum of five (5) feet
with unobstructed passage from front to rear
yard.
c. Rear Yard - Twenty-five (25) feet.
3. Interior Access Drive - A minimum fifteen (15) feet
building setback shall be provided from the interior
access drive.
4. Minimum Floor Area of Structure - One thousand
(1,000) square feet per building on the ground
floor. ·
5. Height - The maximum height of any commercial
structure on lot (4) will be sixty (60) feet, ~nd
thirty-five (35) feet for lots one (1), two (2) and
three (3).
6. Minimum Lot Width - One hundred fifty (150) feet.
4.5 SIGNAGE
A. The developer intends to create a uniformly designed ..
special signage and.identification system including but
not limited to subdivision and entrance signs for the
project to compliment the intended development themes and
architectural styles. Such signs are intended to be
located and permitted at all project entrance points as
well as at other stra~egically identified areas and will
be enforced through restrictive covenants and/or
architectural controls. Ail signage shall be in
compliance with the Sign Ordinance for Collier County.
Utilization of the right-of-ways for landscaping
· decorative entrance ways, and signage shall be reviewed
and approved by the County_Engineer and County Manager
and his designee consistent With acceptable engineering
practices to insure pedestrian and vehicular safety.
9
A. A minimum ten (10) foot landscape buffer will be
:', maintained along the east, west, and north property lines
in accordance with the standards, of Section 8.37 of the
~" Zoning Ordinance.
B. Along the eastern and western boundaries of lots four (4)
and five (5) a twenty-five setback shall.be provided in
which no structures or parking will .be permitted.
Existing vegetation will be left in place o~tstde the ten
foot landscape buffer within this area. to provide
additional screening to adjoining properties,
C. A minimum ten foot (10) buffer will be maintained at the
perimeter of the proposed sewage treatment plant site
should it be required.
4.7 EXCEPTIONS TO SUBDIVISION REGULATIONS
a. Article X, Section 19: Street name signs shall be
approved by the County Engineer but need not meet the
U.S.D.O.T.F.M.W.A. Manual of Uniform Traffic Control
!. Devices. Street pavement painting, street striping, and
reflective edging requirements may be waived.
b. Article XI, Section 10: The requirement to install
monuments in a typical, water valve cover sha~l be waived.
Monuments shall be installed in accord with Stat~
standards and shall be approved by the County Engineer.
c. Article XI, Section 21: The requirements for blank
utility casings shall be waived if all utilities are
installed prior to construction of the street base and
pavement.
d. Article XI, Section 17 J: The requirement that curved
streets have a minimum tangent of 100 feet at
intersections shall be determined at the time of
submittal of construction plans.
e. Article XI, Section 17 K:' The requirement that tangents
.. between street curves shall be 100 feet may be required,
. may be modified at the time of submittal of construction
plans.
:!.~ f. Article XI, Section 17F: Sixty (60) feet of right-of-
:'.' way shall be dedicated instead of the eight-four [84)
.z feet required.
adjacent parcels, where applicable.
/
SECTION V
TRANSPORTATION REQUIREMENTS
5.1 The developer shall:
a. Subject to Florida Department of Transportation approval,
the developer shall provide appropriate .left and right
turn lanes on Davis Boulevard at the project entrance,
and shall provide a fair share co~tributiqn toward the
capital cost of a traffic signal when deemed warranted
by the County. The signal will be owned, operated and
maintained by Collier County.
b. The developer shall provide arterial level street
lighting at the project entrance.
c.The three out parcels shall have internal access only.
They shall have no direct access to Davis Boulevard.
d. The developer shall provide sixty (60) feet of additional
right-of-way along the north side of Davis Boulevard for
water management/transportation purposes.
e.Building setbacks from the Davis Boulevard. Right-of-Way
shall be a minimum of,~tfty (50) feet.
f. All traffic control devices used, excluding street name
signs, shall conform with the Manual on Uniform Traffic
Co~trO~ Devices as required by Chapter 316.0747, Florida
Statues.
g. These 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. The improvements shall be in place before any
certificates of occupancy are issued.
h. Payment of Impact Fees shall be made at the time of
building permit issuance and the amount of the fee shall
· be in accordance with the effective fee schedule per
ordinance.
i. The subdivision master plan shall be revised to provide
a stub street along the north and west boundary of the
plan in the location depicted by the westerly directed
arrow.
SECTION VI
ENVIRONMENTAL STANDARDS
6.1 PURPOSE
The purpose of this Section is to set forth the stipulations
established by the Environmental Advisory Council.
A. A preservation area comprising ab6ut two ac~es is located
in the north eastern portion of the project. This area
is intended to provide protection for a cypress stand.
Only uses determined to be consistent with the goal of
preserving this area shall be permitted.
B. Petitioner shall be subject to Ordinance No. 75-21 as
amended by Ordinance 89-58 (preservation of native
habitat).
C. Petitioner shall be subject to Ordinance No. 82-2 as
amended by Ordinance 89-57 (use of native species in
landscaping).
D. Petitioner shall be subject to Ordinance No. 82-37 as
amended by Ordinance 89-53 (removal of exot.ic species).
o
E. Petitioner shall be subject to the Collier County
Comprehensive Plan Policy 12.1.3 (discovery of an '
archaeological or historical site, artifact or o~er
indicator of preservation).
F. Petitioner shall obtain and submit docuIaentation of all
necessary local, state and federal permits.
G. In the event active protected species foraging habitat,
nests or burrows are encountered during development
activities, the Collier County Planning Services
Environmental Review staff shall be notified immediately
and project designs may be adjusted, if warranted.
(Collier County Comprehensive Plan policy 6.3.4).
H. Protected plant species (butterfly orchid and wild pine)
and those sighted during development activities shall be
protected from injury or relocated on site, preferably
to preserve or landscape areas. The existing locations
as well as the transplanting locations, if warranted,
shall be identified on the site plan.
~. The conservation area shall be delineated by a signed and
sealed professional survey ~n the site plan.
J. A natural vegetation buffer shall be required around
protected wetlands at least ten (10) feet wide.
:' K. Control structure elevations in protected, created or
restored wetlands shall be established to maintain or
improve adequate hydroperiods. The control structure
elevation shall be designed to meet the requirements of
i South Florida Water Management District and collier
County Engineering and Water Management D~partment%
L. Quantitative criteria for mitigatkon shall be based on
the results of final field determinations made by the
south Florida Water Management District and Collier
County Environmental staff at the time of site
development plan approval. Compensation proposals shall
provide reasonable assurance that resource impacts will
be offset.
i. Mitigation plans proposed in wetlands to be
~.. preserved, restored, enhanced shall include a
description of area (location and size), vegetation
iI proposed to be planted, source of vegetation
~ (transplantation from impacted areas preferred),
~. hydrologic regime, exotic vegetation removal,
i monitoring and maintenance plan. ..
!~ ii. Mitigation proposed in upland areas shall emphasize
establishment of habitat value. Vegetation retained
~ and supplemented shall focus on wildlife value-and
establishmen~ of native vegetative "communities".
iii. Lake mitigation in the lake designated on conceptual
site plan shall include littoral zone plantings of
native, aquatic vegetation.
M. Petition shall be subject to all Collier County
Ordinances in effect at commencement of construction.
SECTION VII
ENGINEERING AND UTILITIES REQUIREMENTS
The purpose of this Section is to set forth the utilities
requirements which must be accommodated by the project
developer. ' . -
I. Water and Sewer
A. Water distribution and sewage collection and
transmission systems will be constructed throughout
the project development by the developer pursuant
to all current requirements of Collier County and
the State of Florida. Water and sewer facilities
constructed within platted rights-of-way or within
utility easements required by the County shall be
conveyed to the County for ownership, operation and
maintenance purposes pursuant to appropriate County
Ordinances and regulations in effect at the time
of conveyance. All water and sewer facilities
constructed on private property and not required by
the County to be located within utility easements
shall be owned,, operated and maintained by the
developer, his Assigns or successors. Upon
completion of construction of the water and sewer
facilities within the project, the facilities w~l
be tested to ensure they meet Collier County's
utili.ty construction requirements in effect at the
time construction plans are approved. The above
tasks must be completed to the satisfaction of the
Utilities Division prior to placing any utility
facilities, either County owned or privately owned,
into service. Upon completion of the water an:l/or
sewer facilities and prior to the issuance of
Certificates of Occupancy for structures within the
project the utility facilities shall be conveyed to
the County, when required by the Utilities Division,
pursuant to County Ordinances and regulations in
effect at the time conveyance is requested.
B. All construction plans and technical specifications
and proposed plats, if applicable, for the proposed
water distribution and sewage collection and
transmission facilities must be reviewed and
'~ approved by the Utilities Division prior to
~! commencement of construction.
.~.!~ C. Ail customers connecting to the water distribution
and sewage collection facilities will be customers
< of the County and will be billed by the County in
accordance with the County's established rates.
Should the County not be in a position to provide
" water and/or sewer sezwice to the project, the water
and/or sewer customers shall be customers of the
interim utility established to serve the project
until the County's off-site water and/or sewer
facilities are available to serve the project.
D. It is anticipated that the County Utili%ies Division
will ultimately supply potable water to meet the
consumptive demand and/or receive and treat the
sewage generated by this project. Should the County
system not be in a position to supply potable water
to the project and/or receive the project's
wastewater at the time development commences, the
Developer, at his expense, will install and operate
interim water supply and on-site sewage treatment
~ and disposal facilities adequate to meet all
~ requirements of the appropriate regulatory agencies.
E. An agreement shall be entered into between the
County and the developer, binding on the developer,
his assigns or successors, legally acceptable to the
county, prior to the approval of ~onstruction _.
documents for the proposed project, stating that:
t 1. The proposed water supply and on-site treatment
facilities and/or on-site wastewater treatment
and disposal facilities, if required, are to
be constructed as part of the proposed project
and must be regarded as interim~ they shall be
constructed to S%ate and Federal standard~ and
are to be owned, operated and maintained by the
developer, his assigns or successors, until
such time as the County's off-site water
facilities and/or off-site sewer facilities are
available to service the project. The interim
treatment facilities shall supply services only
to those lands owned by the developer and
approved by.the County for development. The
utility facility(les) may not be expanded to
provide water and/or sewer service outside the
development boundary approved by the County
without the written consent of the County.
2. Upon connection to the County's off-site water
facilities, and/or sewer facilities, the
developer, his assigns or successors shall
abandon, dismantle and remove from the site the
15
interim water and/or sewage treatment facility
and discontinue use of the water sup91y source,
if applicable, in a manner consistent with
State of Florida standards. All work related
with this activity shall be performed at no
cost to the County.
3. Connection to the County's off-site water
and/or sewer facilities will bm made by the
~.. owners, their assigns or successors, at no cost
~ ' to the County within 90 days after such
~' facilities become available. '. The cost
connection shall include, but 'not be limited
to, all engineering design and preparation of
construction documents, permitting,
modification or refitting of sewage pumping
~I~. facilities, interconnection with County off-
site facilities water and/or sewer lines
necessary to make the connection(s), etc.
i'~ 4. At the time County off-site water and/or sewer
facilities are available for the project to
connect with, the following water and/or sewer
facilities shall be conveyed to the County
!~, pursuant to appropriate County Ordinances and
Regulations in effect at the time:
(a) All water and/or sewer facilities
constructed in publicly owned rights-of-
way or within utility easements required
by the County within the project limits
will be required to make connection w~th
the County's off-site water and/or se~er
facilities; or,
(b) All water and sewer facilities required
~, to connect the project to the County's
off-site wa~er and/or sewer facilities
when the on-site water and/or ~wer
facilities are constructed on private
property and not required by the County
to be located within utility easements,
including but not limited to the
i, following:
. (1) Main sewage lift ~tation and force
main interconnecting with the County
· sewer facilities including all
~... utility easements, necessary.
(2)Water distribution facilities from
the point of connection with the
County's water facilities to the
master water meter serving the
project, including all utility
easements necessary.
5. The customers served on an interim basis by the
;'~ utility system constructed by the developer
shall become customers of the County at the
? time when County off-site water and/or sewer
facilities are available to serve the project
and such connection is made. Prior to
connection of the project to the County's off-
site water and/or sewer facilities the
developer, his assigns or successors, shall
turn over to the County a complete list of the
customers served by the interim utilities
i~ system and shall not compete with the. County
· for the service of those customers. The
developer shall also provide the County with
a detailed inventory of the facilities served
within the project and the entity which will
be responsible for the water and/or sewer
service billing for the project.
6. All construction plans and technical
specifications related to connections to the
i: County's off-site water and/or sewer facilities
will be submitted to the Utilities Division for
~ review and approval prior to commencement of
construction.
'~ 7. The developer, his assigns or successors, agree
~' to pay all system development charges at the
/ time that building permits are required,
pursuant to appropriate County Ordinances and
Regulations in effect at the time of permit
request. This requirement shall be made known
to all prospective buyers of properties for
~ which building permits will be required prior
{ to the start of building construction.
8. The County will lease to the Developer for
operation and maintenance the water
distribution and/or sewage collection and
transmission system for the sum of $10.00 per
year, when such system is not connected to the
off-site water and/or sewer facilities owned
and operated by the County. Terms of the lease
shall be determined upon completion of the
proposed utility construction and prior to
i activation of the_water supply treatment and
17
distribution facilities and/or the sewage
collection, transmission and treatment
:~ facilities. The lease, if required, shall
~ remain in effect until the County can provide
:~ water and/or sewer service through its off-site
facilities or until such time that bulk rate
i;~ water and/or sewer service agreements are
negotiated with the interim utility system
~? serving the project.
~'~ F. Data required under County' Ordinance No. 802112
~ showing the availability of sewage service must be
~.. submitted and approved by the Utilities Division
prior to approval of the construction documents for
the project. A copy of the approved DER permits
must be submitted for the sewage collection and
transmission systems and the wastewater treatment
i~ facility to be utilized, upon receipt thereof.
'~ G. If an interim on-site water supply, treatment and
transmission facility is utilized to serve the
proposed project, it must be properly sized to
supply average and peak day domestic demand, in
addition to fire flow demand at a rate approved by
the appropriate Fire Control District servicing the
project area. .
o
H. Construction and ownership of the water and sewer
facilities, including any proposed interim sewage
treatment and disposal facility, shall be '-in
~.. compliance with all Utilities Division standards,
policies, ordinances, etc., in effect at the time
construction approval is requested.
!! I. Detailed hydraulic design reports covering the water
distribution and sewage collection and transmission
systems to serve the project must be submitted with
the construction documents for the project. The
reports shall list all design assumptions, demand
rates and other factors pertinent to the system
under consideration.
J. Prior to approval of construction documents
by
the
County, the Developer must present verification,
pursuant to Chapter 367 of the Florida Statutes,
that the Florida Public Service Commission has
granted territorial rights to the Developer to
provide sewer service to the project until the
county can provide this service through its sewer
facilities.
A. Ail out parcels shall have internal access points
only. Access points shall be located in accordance
? with Ordinance 76-6, as amended, or Ordinance 82-
91.
B. The roadway layout shall meet a design speed of 30
m.p.h. Appropriate signage shall accompany the
:~.': detailed construction plans.
C. Cul-de-sac turn-arounds wi~h a minimum pavement
.: radius of 40' at all dead-end parking areas longer
than 300' shall be provided on detailed construction
plans.
D. A minimum building setback of twenty (20) feet from '
the lake is required.
E. Detailed paving, grading, site drainage and utility
plans shall be submitted to Project Review Services
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 Project Review Services.
F. Design and construction of all improvements shall
be subject to compliance with the appropriate '.
provisions of the Collier County Subdivision
~' Regulations, except those listed in Section 4.7
herein. -
~. G. Work within Collier County right-of-way shall meet
the requirements of Collier County right-of-way ~
Ordinance 82-91.
H. The project shall be platted in accordance with
Collier County Subdivision Regulations to define the
right-of-way, tracts, and easements as shown on the
conceptual P.U.D. Master Plan.
I. A copy of the FDOT permit shall be provided prior
to construction plan approval.
SECTION VIII
WATER MANAGEMENT REQUIREMENTS
~"~ 8.1 PURPOSE
A. The purpose of this section is to s~ forth the
~ stipulations established by the Water Management Advisory
Board, which shall be accommodated by the project
developer.
'!~ 1. Detailed paving, grading and site drainage plans
shall be submitted to County Project Review Services
for review. No construction permits shall be issued
unless and until approval of the proposed
construction in accordance with the submitted plans
5, is granted by County Project Review Services.
!~i~i 2. Construction of all water management facilities
shall be subject to compliance with the appropriate
~ provisions of the Collier County Subdivision
~' Regulations.
· 3. An Excavation Permit will be required for the
proposed retention area in accordance with Coll&er
~:, County Ordinance No. 88-26 and SFWMD rules.
!' 4. Due to the mixed land use within the project,
a
master association will be formed. The master
association has ultimate responsibility for
operation and maintenance of the drainage facilities
within the project.
5. A copy of SFWMD Permit or Early Work Permit is
!~.'. required prior to construction plan approval.
" 6. A 20' maintenance easement shall be provided around
the entire perimeter of the lake and a 20' access
~ ' easement shall be provided.
,,',, · 7. The lake and wetland locations do not meet the
minimum 200' separation criteria of the South
Florida Water Management District rules. Provide
i appropriate calculations, consistent ~ith South
Florida Water Management District rules to allow the
i! reduction in this dimension. If, as a result of
changes caused by the South Florida Water Management
District Permit requirements, the site plan changes
~ substantially, this project shall be required to go
back to the Water Management Advisory Board and
possibly the Collier County Planning'Commission and
Board of County Commissibners if. determined
necessary.
JJ · V !'
|[ fAIlOffL
STATE OF FLORIDA } ;-
COUNT? O? CCLLi-"R
I, JAY..ES C. GILES, Clerk of Courts '~n and
Twentieth Judicial Circuit, Collier County. F'iorlda, d'o
hereby certify that the foregoing is a true copy of:
· Ordinance No. 90-6
which was adopted by the Board of County Commissioners on
the 23rd day cf January, ~990, during Regular Session.
· WIT:lESS my ::and and the official seal of the Board of
· County Ccmmlssloners of Collier CQunty, Florida, this
day of February, 1990.
JAMES C. GILES ..- "
Clerk of Courts and Clerk.,,'.~