Ordinance 89-082 ORDItiANCE 89-_~
AN ORDINANCE A~ENDItlG ORDINANCE NO. 82-2, THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
BY AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBER 49-26-8 BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM PUD (CALI INDUSTRIES} AND C-4,
.., COMMERCIAL GENERAL TO "PUD" PLANNED UNIT
,.~g DEVELOPMENT KNOWN AS "I-75/ALLIGATOR ALLEY
.i~_ PUD" FOR PROPERTY LOCATED IN THE NORTHWEST
"~ g. QUADRANT OF THE INTERSECTION OF DAVIS
7~ BOULEVARD [SR 84) AND CR-951 CONTAINING FORTY
~.~= ACRES, MORE OR LESS, LOCATED IN SECTION 34,
~ TOWNSHIP 49 SOUTH, RANGE 26 EA~;T, COLLIER
' ~,~.COUNTY, FLORIDA~ AND BY PROVIDING AH EFFECTIVE
WHEREAS, Robert Duane of Hole, Montes and Associates, Inc.,
representing 1-75 and Alligator Alley Development Corporation,
Inc., petitioned the Board of County Co~missioners to change the
zoning classification of the herein described real property~
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
The Zoning Classification of the herein described real
property located in Section 34, Township 49 South, Range 26 East,
Collier County, Florida is changed from "PUD" and #C-4# 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 Atlae Map Number
49-26-8, as described in Ordinance No. 82-2, is hereby amended
accordingly.
Thie Ordinance shall become effective upon receipt of notice
ir.om.:, the Secretary of State that this
o'; Wi~ the;B0cretary of State.
:~.DATE. Nov~er l$, 1989
". ATTEST :' .-.
.~ =AMES C... GILES, Clerk
· /,,.~./' .':.....
/
Ordinance has been filed
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT r.. SAUNDERS~ Chairman'
Approved as to form and
legal sufficiency:
40.9 .~I~lCS :T.,0C.A=~ IN ~ECTION 34,
TOWNSHIP 49 BOUT~, ~X~t'GE 26 EAST
COLlieR C(5'UNTT,, FLORIDA
~ TZE~ ]gh ~4.$9
PREPARED BT~
HOLE, MONTES & ASSOCIATES, INC.
715 10TH STREET SOUTH
NAPT~ES, FLORIDA 33940
TABLE OF CONTENTS
SECTI~ONI. OF COMPLIANCE AND SHORT TITLE ............ 1
S~TION II
PROPElqXY 0WHERSItl"P AND LEGAL DESCRIPTION ........... 2-3
SECTION III
STATEHENT OF L~ENT, P~OJECT DESCItI~TION AND
D~TIED CONTROL .................................... 4-6
GENERAL DEVELOPHENT REGULATIONS .................... ?-12
..... -- - -. -- STANDARDS ............................ 13-14
~ ~ REQUI:REI'~NTS ...................... 22-23
LIST OF ~&HI~ITS
SECTION I
ST/tTEMENT OF COHPLIA~CE AND SHORT TITLE
"The purpose of tJ~ts section is to set forth ~he intent of the 1-75
ami Alligator Alley Development Corporation, Inc. on 40.8 acres of
~ located in a par~ o~ Section 34, Township 49 Sou~h, Range 26
East, Collier Count, Florida. The ~-~ of t/Lts project shall be
the 'I-75/A11igator Alley PUD'. The development of the PUD will
be .in compliance with t/xe Planning Goals and Objectives of Collier
Count~ as set forth in ~he Growth Management Plan for the following
r~asons s
The subject proper~ is located in an area identified as an
Activity Center in the Growth HanagemenU Plan for Collier
m
m
Ac=ivl~ Centers are the preferred locations for =he
concen=rat£on of commercial and mixed use development
activities which ~his project complements.
The subject ~ract is strategically located at the intersection
of Davis Blvd. (State Road 84), Coun~ Road 951, and 1-75,
wh/ch affords the site superior access for the placement of
commercial and mixed use land act£vities.
m
The project shall be in compliance with all applicable Count~
regulations including =he Growth Hanagemen= Plan.
The proJec~ will be served by a complete range of services and
utilities as approved by =he County.
The project is compatible with adjacent land uses through the
internal arrangement of structures, =he placement of land use
buffers, and =he proposed developmenu standards contained
m
The Planned Unit Development includes extensive open spaces
which are preserved from future development in order to
enhance their natural functions and to serv~ as a prelect
Bm
On ~m site, the project co.bines l~nd uses, including retail
and office umes, with extensive open spaces and buffer zones
to satisfy the guidelines addressed in =he Growth Management
Plan pertaining to land uses in Planned Unit Developments
within activity centers.
SECTION Ii
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
2. Z The subject p~opecty is descHl~ed as follows:
LEGAL DE-~CRIPTION
"I-7$1ALLICATOR ALLE"Y PUD"
Comme~ce at the ~outheasl: corner of ~'tlon 3~., Township q,9 ~outh, Rac~ge
21 East, G31ller County, RoHda; thence mn North 0Qo32'14" West ·long the
East line of the ~outheest quarter of the said ~ection 3~ for a distance of
SO.0O feet: thence run No~J~ 89a~6'14" West, parallel with the South line of
the ~outheast quarter of the said Section 3~ and ·long the Northerly
rlght-of-~vay Ilna of State Road S-8~ (previously known as Slate Road
for · distance of ~$$.35 feet to the POINT OF BEGINNING of the parcel of
land herein described: thence continue NOrth ~9~6'/''~'' West ' along the
Northerly right-of-way line of State Road S-Bq, for a distance of 863.63 feet;
thence run North 00026tT6· West for · distance of 2,071.g7 feet to a point of
Intersection with the Southerly right-of-way line of S::ate Road No. 93
(Interstate 75] as the same is shown on State of Florida Department of
Transportation Right-of-Way Map foe Florida State Road No. 93 [Interstate 75)
· ectJon 0317~-2q09, Sheet 6= thence run South 63°27'12" East along said
Right-of-Way line for a distance of 146.85 feet; thence run South 52020t28"
East a~ong said right-of-way line for a distance of $38.$3 feet: thence run
South q$o13'56" East along said right-of-way line for a distance of
feet; thenc~ run South 23o17'10" East along said right-of-~Va~ .line for a
distance of 332.11 feet= thence run South 0201;6'2S" East along said
right-of-way line for · distance of $30.S0 feet= thence run South 11015~19·
East [South 11012~3· East per D.O.T. Map) along said right-of-way line for
· distance of 69.56 feet. to · point located 275.00 feet North of, as measured.
at right angles to, the South line of the Southeast quarter of the said Section ..
3ao and · point on the North Ilne of that parcel of land described in O.R.
Book 699 at Page 1723 of the Public Records of Collier County, Florida=
thence run North 89ea6~la" West, parallel with the South llne of the Southeast
quarter of the ~aid Section 3a foi- a distance of 157.32 feet to a point located
300.00 feet We~teCly of, as measured at right angles to, the East line of the
southeast quarter of the said Section 3a, and · point on ~e Easterly line of
that parcel of land described in O.R. Rook 588 at Page 1805 of. the Public
Records of Collier County, FTorida: thence run North 00032~14" West, parallel
with the East fine of the Southeast quarter of the said Se~,~lon 3~ for a
dlstance of a0,02 feet to a point located 315.00 feet North of, as measured at
Hght angles to, the South line of the Southeast quarter of the said Section
3a; thence run North 8go~6'la" West parallel with the South line of the
Sm~helst C~lrter of the said Sac*Jan 3~ fi=r · distance of I33.31 feet to ·
point on = c~rcular curve conc3ve to the Scmtheast whose radlus paint bears
22;.e~ Mt: through · cenCrll a~gle o~ 37°35'33~ subCanded by & chord o~
1q~.~3 fa~C aC a beart~g of South ~8o~0~" We~Co for ~ distance of 1G7.~7 ~eac
to the end =~. said curve: ~ance run SOuth 00a32,1;· Ease ~o~ a distance of
102.$3. feet Co the. beginning of a tanganCla! c~rcu[ar curve' conc3ve to the
NortheaSt.: tt~qce run Southeastarfy along t~e ar~ ate said curve to the left
'having ·. radius of 25.00. feet th.rough a central angle of Igel~t00~. ~ubtended
I:r/'~ chord, of 35.12 feet at a bearing of South ~o09tt;* East toe a distance
of 31.1; feat to the end of saicl curve and the POINT' OF B£GINNING.
Containing ~0.SS Krey, more or le~s.
Subject to ease·ants, reservations or restrictions of record.
Bea~ings shown hereon refer to those' as shown on the State of Florida
of ..Transportation Right-of-Way Map of State Road No. 93
Interstate
$ &
,00, 97
Xt is ~he developer's intent to establish a m/xed-use Planned
Un/t Development. Tt iS =he purpose of this document to set
fo=~.h flexible quidelines for =he future development of ~he
project ~hat meet accepted planning principles and practices
and to implement the Grow~h Hanagement Plan.
3.2 ~ APPrOVaL
The location of land uses are shown on =he .PUD Conceptual
Haster Plan. Changes and variations in building location and
~he mix of land uses shall be pe:~it~:ed via Site Development
Plan approval in accordance with Section 10.5 of the Zoning
Ordinance. Changes and variations in building ~racts ma]~ be
pex~ltted during Site Development Plan approval if, at =he
d/scretion of the County Manager, or his designee, such
changes and variations are in confox~ance with =he substantive
and procedural requirements of =he Subdivision Regulations.
Two phases are proposed for development in the PUD. Phase
comprises 6 acres and is =he location for =he proposed
interim sewage f~-ea~ment plant which will be consf--x~ed prior
~o slta development unless a sewer line is ex~ended to
propert~ prior to ~his time. The balance of =he land proposed
for PUD is anticipated to be developed between 1990 and
~ar 2000.
CLEARING AND DRAINAGE
Clearing, grading, ear~mmrk, and site drainage work shall be
perfozmed in accordance with appl£cable Collier County Codes
and Ordinances and the standards and c~al~ments of ~Lts
3.4 ~ FOR UTILITIES
' Easements, where required, shall be provided for water
management areas, utilities and other purposes as may be
All necessary easements, dedications or other instruments
shall be. granted to insure =he continued operation and
~aintenance of all services and utilities. This shall be in
· ubs~an=ial compliance with applicable regulations in effect
at the time approvals are requested.
-. 037-',: 98
A fourteen acre Conservation Area (man-made wetlands area) has
been provided for in the PUD to be maintained as enhanced
w~tlands an~ to provide for water management after pre-
treatment. The goals for th/s area are to enhance these
wetlands to a ver~ high qualit~ diverse system, to provide for
additional open space, and to be maintained as a project
ame~LTy. The boundary of the Conservation Area maT be
expanded based on the recommendation of the Department of
Environmental Regulation and the Arm~ Corps of Engineers.
Resulting development yields within the Conservation Area may
be transferred to developable portions of the site in
accordance with existing development standards in effect at
the time approvals are requested.
The Conservation Area and maintenance easement will be
dedicated for conservation and declared c~on areas in the
deed restrictions. Restrictions for use in the Conservation
Area shall stipulate:
The Conservation Area is here~ declared c~on area, and
shall be the perpetual res.Donsibility of the association and
maT in no way be altered from its natural state. Activities
rohibited with/n the Conservation Area include, but are not
l~'Lted to the followingl construction or placing of buildings
on or above the qround~ dumping or placing soil or other
substances such as trash~ removal or destruction o~ trees,
shrubs, or other vegetation with the exception of exotic
plants as defined in the CountT Code~ excavation, dredging,
or removal of soil material~ diking or fencing~ and ant other
activl=£es detrimental to drainage, flood control, water
conservation, erosion control, or fish and w£1dlife habitat
conservation or preservation. Uses pe=mitted in the
Conserve=ion Area include boardwalks, picnic areas and other
uses compatible with the Conservation Area.
3.'~ '~a~amen~ o~ ~ni~led Con~ro~
3:~ LI r. he ln~en~ o£ Che deve~o~e~ Z-75 and X~£ga~o=
~ocac~ ~ Co~Xe= C~, Flo=~ which ~. ~ered ~ Dav~s
~~, ~-951 ~d 1-75. T~s s~aC~n~ Xs a
~p~sentat~on ~ ~ 1-75 ~d ~l~gator ~1~ D~elo~en=
~rat~on, Inc. ~= ~ ~]e~ 1~ ~e ~er ~f~ed
~e~p for ~ ~se of obta{-~ng P~
s~J~ p~pe~y. De. lo.eh= of t~s Plied
~lo~n= will occ~ ~ accordance with
PI~ U~= D~elo~en= Re~lations ~d ~y
~f appr~ed wl~ the ~zone Petition as setfo~h
SECTION IV
GENERAL DEVELOPHENT REGULATIONS
The ~mr~o. se of =his sec=£on £s =o delineate =he development
r~gula=ions =ha= accompany ~he Conceptual Has=er Plan depicted
~n Zxh~bl= A.
Where development standards are not specifically provided for
~n ~Lts document the ap~l£cable standards of ~he Coll£sr
Com~t~ Zoning 0rd/hence shall apply.
USESPE~KI~D
NO bu//~-g or structure, or par~ ~hereof, shall be erected,
~lter~d or used, or land used, in whole or par~, for o~her
~ ~he following~
A. Princfoal Resfden=ial Uses
Group Housing Dwallings
Prfncipal Commercial Uses
Antique shops; appl£ance s~ores; ar~ stud/os;
supply shops; automobile par~s stores.
Bakery shops; ba£t and =ackle shops; banks and
f£nanc£al £ns=£=u=ions; barber and beauty shops;
bath supply stores~ bicycle sales and' servicee~
blueprint shops; bookbinders; book stores; business
machine services.
e
Carpet and floor covering sales - wkichmayinclude.
storage and ins=alla=ion~ churches and o~her places
of worship; convenience mtores~ clothing wtores~
cock~a£1 lounges (in accordance wl~h the w:andards
of Section 8.11 of =he Zoning Ordinance); commercial
recreation uses - indoor; commercial schools;
confectionery and candy s=ores.
Del£catemsenm! department stores! drug mto=em~ dr~
cleaning shops; dry good stores; and.draperyshops.
Electrical supply stores~ equil=men= rentals
includ£ng lawn mowers and ~er saws, wb/ch may
include ~heir repair and sale.
®
10.
11.
Fish market - recall only~ florist, shops ~ fraternal
and social cl~s {~ acco~d~ce with the st~d~da
o~ Section 8.11 o~
h~es ~ f~lc~e sco~es.
Garden supply stores - outside display in side and
rear yards; gift shops~ glass and mlrro= sales -
including storage and installation; gou=~et shops.
aged~ hospl2als and hospices.
Ice cream stores.
Jew~lr~storeso
Laundries - self service only~ leather goods~
legit/:nate ~hea=res~ liquor stores; locksmiths.
12. KarkaCs - food; markets - meat; medical offices and
clinics; motels and hotels;motion ptc=ure=hea~res;
museums;music stores;minor automobile repair work.
13. New car dealerships - outside d£spla~ ~ez:~l. tted;
news stores; night clubs (in accordance wig the
standards of Section 8.11 of the Zoning Ordinance).
14. Office - general~ off£ce supply stores.
15. Pain= and wallpaper stores~ pet shops~ pet suppl~
shops; photographic equipment stores~ pottery
stores~ printing; publishlngandm~meograph services
shops; private clubs (in acccrdance wl~h ~he
standards of Section 8.11 of =he Zoning Ordinance);
professional offices. .
16.
17.
18.
Radio and television sales and services; research
and designlabs~ res=homes; restaurants -Including
drive-in or fast food restaurants (in accordance
with the standards of Sec=ion 8.11 of ~he Zon/ng
Ordinance).
Sewage treatment fac£11~y~ shoe repatr~ shoe stores~
shopping centers~ souvenir stores~ s~a=lonery
stores; supermarkets.
Tailor shops; taxide=m/s=s~ tile sales - ceramic
=ils; tobacco shops~ toy shop~; ~ropical fish
stores.
19. Upholstery shops·
8
20. Va~leL-y scozes~ vehicle rental - auc.omoblles oal~
vecerinaxian offices and clinics no outside
~ormels.
21. Watch and precision instrument repair shops.
Warehousing and wholesaling uses and-comparable
:23.
Any other commercial use or prcfessional service
wh/ch Is comparable in nature with the foregoing
uses and which the CounTy Manager, ethos designee,
determ/nes to be ¢ompatVhle with the foregoing uses.
Princioal Conse=vaC£onArea CMan-Made Wetlands Area~ Uses
1. Uses de=ermined Co be consistent ~ich the intent of
the Conservation Area (~n-made~3clands area) such
as boardwalks, nature trails and picnic areas.
Accessory uses and structures customar~ in
commercial, andresidentialareas, andforCransient
lodging facilities ~A~ludingz
a)
Up to four (4) model dwellinqun/cs served by
sewer andwater facilities in conjunction with
the promotion and sale of dwellings £orup to
a two ~earperiod following completion of the
un/ts, unless otherwise specifically approved
b~Che County.
b)
Recreations/ facilities such as a clubhouse,
swimming~ool, and tenn/s facilities.
c)
A storage area exclusively for guests or
residents of the residential development,
provided the area is screened in accordance
with Section 8.37 of the Collier County Zon/ng
0rd£nance.
d)
Polling places in accordance w~Ch Section
of the Zoning Ordinance.
Accesso~r uses and
commercial areas.
structures customary in
· . ~ max. JJ.m ~-~lopmenc l~censi~ pe~t~ ~ ~
1. Up Co ~nCy-a~ (26) ~li~g ~s per acre ~ be
~a~ad fo= ~cel uses ~ ~s p~.
2. ~l-~ly ~ll~g ~s ~ be de~lo~ up ~o
· ~n (16) ~ll~g ~s pe~ ac~e.
3. ~on-rastdenCtal s~e footage ~ be ~veloped up ~o ~he
~=s es=~lished ~ =he heigh= se~ack, ~d o~er
4.5 ~ D~P~ ~TIONS
~ p=el ~~les ~ess s~iflcall~ s~=ed
~ise.
Mlnhmum Setbacks and Buildin=
1. PUD ProJec= Boundaries - No pr~lpal s~c=~e
~ closer ~- fif~ (50) f~= ~o ~
2. F~n~ ~ se~ack - ~n~-fl~ (25) fee~
~ge of rich= of ~.
Sl~ y~d se~ack - ~n~hfive (25) fee=
4, 5, ~d 6, ~d fif=een (15) fee= f~ 1oCs 1, 2
~d 3, or ~y potion ~ereof.
4. A ze~ (0) se~ack is pe~==ed f~ =he ~ge of
5. No ~ pr~clpal i~c~es ~y ~ closer ~oge~r
~ ~ (20) fee= or one-~f ~ aw
~~g ~lgh=s, w~ch~r is
6. A ~n~ (20) fee= se~ack s~ll be pr~id~ ~ng
~e ~s=e~ ~d~ of ~e prope~ ~ w~ch no
paved ~adways or p~g ~ be loca=ed
on ~e P~ ~s=er PI~; h~ver, =he
.eas~n= for ~e Conse~a=ion ~ea (~-~de
~=1~ ~ea) may be loca=ed as close as =mn (10)
fee= fr~ =he wes=erly prope~y l~e.
10
Area
Kotel Un.f. tsz Three hundzed (300) squaze fee~: and
no~. to exceed ~£ve hundred ($0O) scrape feet.
o
All o-.he= commercial uses~ One thousand (1,000)
square feet.
One-bedroom multl-£am~ly units, Six hundred (600)
s~uar~ fee~.
o
Two or mor~-bedroom mul~l-£amil~ or group housing
units; Seven hundred f£f~y (750) square fee=.
Off-street Parkin= Recvirements
As required by ~he Coll£er County Zoning 0rd/hence in
effect a= =he =line permits are requeflted.
1. Thirty (30) fee= for residential development.
2. Fifty (50) feet for non-residential development.
MinimumLot Size
One (1) acre for multi-family and ten ~'~ouso. n~ (10,000)
e~uare feet for non-residential uses.
MlnimumLot Width
One hundredand f£ft~, (150) feet for restdent£al and one
hundred (100) feet for non-res£dentlal.
~andscane Buffer Reauirements
A ten (10) foot landscape buffer and ten (10) foot .
maintenance easement area shall be provided along ~he
w~st proper~y line up to =he edge of the Conservation
Area (man-made wetlands area) as shown on ~he P.U.D.
Master Plan in accordance w£th =he s~ndards of Sect£on
8.37 of the Zoning Ordinance. A ten (10) feet landscape
buffer shall be placed along =he wefltern edge of
ConsezvationArea within~his 20 foot,cea in accordance
with Secc£on 8.37 of the Zoning Ordinance.
11
Sewacre Trea~nent Plan= Reaulations
f£f~ (50) fees se=back shall be provided bet'ween
sewage ~--~ea~men~ plank s~-~-uc~ure and ~he sewage
The perimeter of ~he sewage ~rea~nen= plan=
s=ruc=ure sba/1 be landscaped in accordance wig
Sec~Lon 8.37 of ~he Collier County Zon/ng Ordinance.
Outside Storace and Dlsola~
Tho outside sCorag~ and d/splay of
prob~b£Ced for all non-res£den=lal
sp~c£f~ally provided for herein.
me~chaflc~Lse is
uses unless
12
..%
SECTION
ENVIRON~Tm~ STANDARDS
The purpose of th~s Section is to se= forth the stipulations
es~ablished by =he Environmental Advisory Council.
Petitioner shall be subject to Ord/~nce 75-21 (or =he
tree/vegetation removal ord/nance 'in existence at the
time of perm/tting), requiring the acquisition of a tree
removal permit prior to any land clearing. A site
clearing plan shall be submitted to the Environmental
Resources KanagemenC for their review and subject to
approval prior to any 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 =he final site layout incorporates retained native
vegetation co the m~imum extent possible and how roads,
buildings, lakes, parking lots, and other facilities have
been oriented to accommodate this goal.
Native species shall be utilized, as d(~scribed below, in
the site landscaping plan. A landscape plan for all
landscaping on the development shall b~ submitted to the
County Landscape Architect and to a County Environmental
Spec£alist for their review and shall be subject to their
approval. The landscape design shall incorporate a
rain/mum of 60% native plants, by n,~-her, including trees,
shrubs, and ground cover. At least 60% of the =zees, 60%
of the shrubs, and 60% of the ground cover shall be
native species. At the d~reccion of the County Landscape
Architect or County Environmental Specialist a higher
percentage of trees or shrubs can offset' an equal
percentage of ground cover. For example, the use of 70%
native trees could allow the use of only 50% native
ground cover. This plan shall depict the incorporation
of native species and their m/x with other species, if ·
any. The goal of site landscaping shall be the re-
creation of native vegetation and habitat characteristics
lost on the s~te during construction or due to past
activit£es.
Ce
All exotic plants, as defined in the Ccunty 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 haplemenCed Co prevent reinvas£on of the site by such
exotic species. This plan, which will descr/be control
techn/ques and inspection intervals, shall be filed with
13
,00K
and sub~ec= to approval b~ the Environmental Resources
HanagemenU and the Commun/=y Development Services
Dlv£sion.
If, during ~he course of site clear~ng, excavation, or
o~her constructional ac=ivit£es, an archaeological or
h/storical sate, ar~tfac~, or o~her ~nd/cator
discovered, all development at that location shall be
immediately stopped and the Environmental Resources
MAnagement no=t fled. Development will be suspended for
a sufficient length of t~me to enable ~he Environmen~al
Resources Management or a designs=ed consultant to assess
the find and determine
regard to its salvageablli~y. The Environmental
Resources Management will respond to any such
notification in a timely and efficient manner so as to
provide only a minimal interruption to an~ cons~-uc~ional
activities.
The annual monitoring and wetland m/tigation program
reports, required b~ Florida Department of Environmen~al
Regu/at£on and/or U.S. Arm~ Corps of Engineers, sba/1 be
subm/tted for review and approval to the environments/
s~aff wi~h/~l ~he Plann/ng Se=vices Sec=ion.
The petitioner shall relocate a sabal palm ~ck in =he
sou~h centered portion of ~e ~ion of ~e p~]~ if
~ ~s ~= prac=ic~l~ ~le ~o be ~co~ra=ed ~=o ~e
.r:
SECTION VI
TRANSPORTATION REQUIREMENTS
The jmrpose of this Section £s to set: fc~ch '..he ~raff£c
h~provement requirements which =he proJec= developer must:
undertmke as an int:egral par= of ~he project: development:.
Ae
The developer shall, sub~JecC t:o approval bF rlor£da
Department of Transportat:ion, provide left and right turn
lanes on Davis Boulevard aC each project entrance.
Should =he section of Davis Boulevard be four laned in
the future by either the Florida Department: of
Transport:ation or Collier Count:y, t:he
consideration/approval of a rut:ute median opening shall
be subject to Justifying aut:horit~ and final
approval/control by the Florida Deparl~,.ent: of
Tran~por=at:ion and/or Collier Count-f as applicable. The
Justifying Au~hority shall include buc no= be I/mit:ed b~
applicable ordinances, policies, and land-use plans.
The developer shall provide a fair share contribution
toward the capital cost of a traffic signal at: the main
project ent:rance when deemed warrant:ed by the County.
The signal will be owned, operat:ed and maintained by
Collier County.
Ce
De
The developer shall provide arterial level s~reet:
light:ing ac each project entrance.
Individual commerciai parcels along Davis Boulevard shall
have no direct: access co thac road. All access t:o =hess
parcels shall be b~ way of the internal road 'system.
These lmprove=ent:s are considered "site related' as
defined in Ordinance 85-$5 and shall ncr be appl£ed as
credits toward any impact: fees rec/u~red by t:hat: .
ordinance.
15
SECTION VII
UTILITIES REQUIREKENTS
The purpose of this Section is to set forth the utilities
re~o/rements which must be accommodated by the
~ivaloper.
A. Wa=pr and S~wer
1. Water distribution and sewage collection and
transmission systems will be const=aoted throughout
the project development by the developer pursuant
to all current requirements of Collier County and
the State of ?lorida. Water and sewer facilities
constructed within platted rights-of-way or within
utility easements required by the CounTy shall he
conveyed to the County for ownership, operation and
maintenance purposes pursuant to appropriate County
Ordinances and regulations in effect at the time
of conveyance. Ail water and sewer facilities
constructed on private property and not required by
the County to b~ 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 wi=bin the project, the facilities will
be =es=ed to ensure they mee= Collier County's
utility construction requirements in effect at the
time cons=ruction 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 and/or
sewer facilities and prior to the issuance of
Certificates of Occupancy for s~-ucturee within the .
project the utility facilities shall be conveyed to
the County, when required by the Utilities Division,
pursuant =o County Ordinances and regulations in
effect at =he time conveyance is requested.
2. 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.
16
Ail customers connecting to the water dis~ribution
and sewage collection facilities will be customers
of ~he County and will be billed by the County ixx
accordance wi~h the County's established rates.
Should the County no= be in a position to provide
water and/or sewer service to the project, the water
and/o= 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.
It is anticipated that the County Utilities 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
was=ewater a= the time development commences, the
Developer, at his expense, will ins=all and operate
interim water supply and on-site sewage treatment
and disposal facilities adequate to meet all
requirements of the appropriate regulatory agencies.
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 cons~ruction
documents for the proposed project, stating that~
The proposed water supply and on-site~rea=ment
facilities end/or on-site wnstewater treatment
and disposal facilities, if required, are to
be constructed as par= of the proposed project
and must be regarded as lnterim~ they shall be
constructed to State and Federal standards and
are to be owned, operated and maintained by,he
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 onl~
to those lands owned by the developer and
approved by the County. for development. The
utility facility(les) may not he expanded to
provide water and/or sewer service outside the
development boundary approved by the County
without the written consent of the County.
be
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
17
interim water and/or sewage treatment £acllity
and discontinue use of the water supply source,
if applicable, in a manner consistent with
S~aCe of Florida send.ds. ~1 ~rk related
wi~ ~his activity shall be perfo~ed a~ no
cos= ~o =he Co~.
Codec=ion =o =he Co~=y's o~f-si=e wa=er
~d/or se~r facilities will be made ~ =he
~ers, =heir assl~s or successors, a= no cos=
~o =he County wi=bin ~0 days after such
facilities become avail~le. The cos= of
co~ec=ion shall include, but no= be
=o, all engineering desl~ and prep~a=lon of
cons=ruction documents, peri=ting,
~fica=ion or refit=lng o~ se~ge
facilities. ~=erco~ec=lon wi~h Co~=y off-
site facilities wa=er ~d/or s~er lanes
necess~ =o ~ke ~e codec=ion(s),
A= =he =~e Cowry off-site wa=er ~d/or
~aclll=les ~a avall~le for =he
co~ec= wi=h, =he roll.lng wa=er ~d/or s~r
facilities shall be conveyed ~o =he Cowry
p~su~= =o appropriate Co~ Or~ces
~la=ions In effect a= =he =~e~
(1) ~i wa=er ~d/or s~r facilities
co~c=ed ~ ~licly ~ed rights.f-
way or wi~ u=~i=y eas~en=s
~ ~he Co~ wi~h~ ~e project
will be re~ed =o ~ co.et=ion with
=he Co~'s off-site ~=er ~d/or
facilities ~ or,
(2) ~1 wa=er and s~r facilities re~ed
=o co~ec= =he project =o ~he Co~'s
off-site wa=er and/or s~r facilities
when ~e on-site ~=er and/or se~r .
facilities ~e cons=~c=ed on private
prope~y ~d no= re.ired ~
=o Me located wi=bin utility eas~en=s,
~clud~g ~t not l~ted to
(a) ~ s~age l~ft station ~d fore
~ln ln=erco~ecting with the County
sMr facilities lnclu~g all
utility eas~en=s necess~.
(b) Wa=er dis=r~u=ion facilities fr~
=he point of co.et=ion
18
County's racer facilities to ~he
master water meter serving the
project, including
easements ~ecessar~.
all utility
The customers served on anin=arimbasisby~he
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 co serve the project
and such connection is made. Prior to
connection of=he project to the County's off-
site water and/or sewer facilities the
developer, his assigns or successors, shall
=urn ore= Co the County a complete lilt of the
customers served by the interim utilities
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.
Ail construction plans and technical
specifications related to connections to the
County's off-site water and/or sewer facilities
will be subm/ttedto the Utilities Division for
review and approval prior to commencement of
construction.
The developer, his assigns or successors, agree
to pay all system development charges at the
time that building pe=mits are required,
pursuant to appropriate County 0rdfnances and
Regulations in effect at the time of permit
request. This requirement shall be made known
to all prospective buyers of proper=les for
which building permits will be required prior .
to the star= of building construction.
The County will lease to the Developer for
· operation and maintenance the water
distribution and/or sewage collection and
transm/ssion 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
activation of the water supply ~rea=ment and
distribution facilities and/or the sewage
collect~on~ t~ansm~s~£on a~d
~ac£1£ties. ~ha. lease, l~ rec~J.~ed, shall
facilities or un~il such ~e ~ha~ bulk ra~e
wa~er ~d/or sewer se~lce a~e~en=s
negotiated with =he in=er~ utility
se~ing =he
/
Data re~ed ~der Co~=y Ordnance No. 80-112 shying
=he avail~ill~ of s~ge se~lce must be
app~ed ~ =he U=ilitie= Division prior =o approval of
the const~ction d~c~ents for the proJec=. A co~ of
the approved DER pe~its taus= be s~mitted for the sewage
col~ec=ion and tr~smission sys=~s ~d =he wastewater
~rea~en= facility =o be utilized, upon receip= thereof.
If ~ ~=er~ on-site water supply, =reagent and
~~ssion facility is utilized =o se~e ~e proposed
p~Jec=, l= ~s~ be properly sized ~o supply average
~ak day domes=lc d~nd, in addl:lon =o ~m ~low
a= a =ate approved ~ the appropriate F~e Con~l
Dis~ic= se~icing the proJ~= ~ea.
Co~ction ~ ~ers~p of the wa=er ~d s~r
facilities, ~clu~g ~ proposed ~ter~ s~age
~ea~n: and dis~sal facility, shall be ~ compll~ce
wl~ all Util i=le s Division s =~d~ds, policies,
offices, etc., ~ effec: a= =he =~e cons:~c:lon
appr~al Is re~ested.
~tall~ h~aulic desl~ re~s c~er~g ~he water
~s~ution ~d s~age collection ~d ~~ssion
s~:~ ~o se~e the proJec= ~s= be s~=ted wi~
codec=ion ~ents for the p~Jec=. T~ repo~s
s~ll lis: all desl~ ass~ptions, d~d rates ~d o=her
factors ~en= =o =he syst~ ~der considers=ion.
~e on-site water distr~ution syst~ ~o se~e the .
p~Jec= ~s= be co~ected =o the Dls:ric:'s 48 inch wa=er
~ on :he mas= side of :he proJec='s prope~y, e~end~
~d lnte~ally looped t~oughou: the proJec= and looped
to the Dis:ric='s 12 or 20 ~ch water ~ on the sou~
side of Davis ~ulev~d. D~ing desi~ of these
facilities, the foll~g feat~es shall be
1. Dead end ~s shall be el{m{nated whenever poss~le
~ loop~g =he ~=e~al pipeline ne~rk.
2. A s=~ for fu=~e sys=~ ln=erco~ec=lon wi=h
adJacen= prope~ies shall be pr~lded =o
2O
Ge
prope~y line of the project, at a location to be
mutually agreed upon by the County and the Developer
during the design phase of the project.
The utility cons=ruction documents for the pro]ect°s
sewerage system shall be prepared to contain the design
and cons=ruction of the on-site force main wb/ch will
ul~tmately connect ~he project to the future central
sewerage facilities of the District in the Davis
Boulevard rights-of-way. The force main must be ex=ended
from the main on-sAte pump station to the north rights-
of-way line of Davis Boulevard and capped. It must be
interconnected to the pump station with appropriately
located valves to permit for simple redirection of ~he
project's sewage when connection =o the County's central
sewer facilities becomes available.
Prior to approval of cons=ruction documents by ~he
Count-f, the Developer must pr.sen= verification, pursuant
~o Chapter 367 of the Florida Statutes, ~a= the Florida
Public Service Co-~ ssion has granted territorial rights
to Ch. Developer to provide sewer service =o the project
un=il the CounT can provide t~/s service through its
sewer facilities.
21
WATER H~HENT REQUIRemENTS
'
El~=io~ on ~e proJec= si=e r~ge from 9.6 ~o 11.6 fee=
~::~.; ~ .~ sea l~l. ~. sit. lies wit~ ~ ~.a whos.
, or~g~ ~=~ ~a~age fl~ was sou=h~s=erly. Road~ys,
~ c~s, ~d other develo~en= rear. es ~ the vic~ty have
~fied ~e ~=~al s~face ~1~ pa=he, ~g~en=s for
· :%:' ~ace ~sc~ge fr~ ~he p~e~ ln~o ~ ad~o~ng 1-75
.~.. ~ge way
Of-Way ac~isl=ion. The 1-75 ~a~age way flows 2o =he ~Xden
~=e ~. Soil =~es on =he site ~clude ~zell ~d Keri
F~e S~. The =opsoil has a depth of 2 to 4 fee= ~derla~
~ a ~ck strata. Rock ~ess ~d =hic~ess is v~i~le.
8.2 Pm~OSE
The purpose of this Section is to set forth the
stipulations established by the Water KanagementAdvtsory
Board, which shall be accommodated by the project
~eveloper.
Detailed paving, grading and site drainage plans
shall be submitted to County ProJect Review Ser~ices
for review. No construction permits shall be issued
unless and until approval of the proposed
construction in accordance with the subm/tted plans
is granted by County Project Review Services.
Construction of all wa=er management ~facilities
shall be subject to compliance with the appropriate
provisions of the Collier County Subdivision
Regulations.
A copy of SFWHD Perm/t or Early Work Permit is
required prior to construction plan approval.
Lots 5 & 6 require treatment for qualify of runoff
prior to discharge into wetland area. This is in
accordance with SFWHD rules. Prior to subm/ssion
of site development plan or construction plans for
development of the individual lot, petitioner shall
submit a water management plan for each
describing l.ow treatment for quality of runoff is
to be accomplished.
22
An Excavation Permit will be required for =he
proposed manmade wetland in accordance wi~h Collier
Coun~]~ Or4~nance No. 88-26 and SFWMD rules.
Due to ~he m/xed land use within ~he project, a
master association will be fozmed. The mas=er
association has ultimate =esponsibllit~ for
operation an d maintenance of =he drainage facilities
within =he
23
I, Robert Duane, Mole Montes & Assoicates, as owner or
agent for Petition R-89-21, agree to the following
.onl requested by the Collier County Planning
'C°mmllelon in their public hea=ing on November 2, 1989.
The project shall be platted in accordance with Collier
County Subdivision Regulations to define right-of-way,
tracts, and mitigation areas as shown on the Master
Paving, Grading and Drainage Plan.
Work within Collier County right-of-way shall meet the
requirements of Collier County right-of-way Ordinance
82-91.
At the time detailed construction plans are submitted,
provide a comprehensive signage plan for project.
PET~OR AGENT
"~ ' ~"EPRESENTATIVE FOR CCPC
::~: SWORN TO AND SUBSCRIBED BEFORE ME THIS ,
MYCOM~ISSION EXPIRES:
· .R-89-21 AGREEMENT SHEET
DAY
NOTARY
OF FLORIDA
COUNTY OF COLLIER
I, SAME$ C. GILZ$, Clerk of Courts in and for the
Twentieth Judicial Circuit, Coli~e= Coun=y, Florida, do
hereby certify that the foregoing Ks a true copy of:
Ordinance No. 89-82
which was adopted by the Board of County Commissioners on
the ~Sth day of November, 1989, during Regular Session.
WIT~ESS my hand and th~ official seal of the Board of
County Commissioners of Collier County. Florida, th~s let
day of December, 1989.
SAME$ C. GILE~
Clerk of Court~ and Clerk
Ex-officio to ~oard off
County Commissioners
Deputy C,:u[,k ".'"'""