Ordinance 89-084ORDINANCE 89- ~4
AN ORDINANCE A3~ENDING ORDINANCE NO. 88-50, WHICH
ESTABLISHED THE "GADALETA PLANNED UNIT DEVELOPMENT"
BY AMENDING REVISION DATE ON COVER PAGE; BY
AMENDING TABLE OF CONTENTS BY ADDING REFERENCES TO
PARAGRAPH 3.4.1, TEMPORARY USE FOR A GOLF DRIVING
RANGE, TO SECTION 3, LA~;D USE REGULATIONS INDEX; BY
ADDING A PREFACE PAGE; BY AMENDING SECTION 1,
._ PARAGRAPH 1o 2, LEGAL DESCRIPTION BY DELETING THE
q'-'.CURRENT LEGAL DESCRIPTION AND ADDING AN UPDATED
:!.'ONE; BY AMENDING SECTION 3, LAND USE REGULATIONS,
.>~Y ADDING PARAGRAPH (3.4.1), TEMPORARY USE FOR A
~3;_~OLF DRIVING RANGE; BY AMENDING PARAGRAPH 3.5,
~<~-!DEVELOPMENT STANDARDS BY ADDING LANGUAGE MAKING IT
~C'~NOT APPLICABLE TO PARAGRAPH (3.4.1); FOR PROPERTY
· '~iLOCATED ON THE WEST SIDE OF US-41, OLD NORTH
~TAMIAMI TRAIL AND SOUTH OF THE LEE/COLLIER COUNTY
LINE IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on May 24, 1988, the Board of County
Commissioners approved Ordinance Number 88-50, which
established the Gadaleta Planned Unit Development; and
WHEREAS, Neno J. Spagna, representing Domenico and
Angela Gadaleta, petitioned the Board of County Commissioners
of Collier County, Florida, to amend Ordinance Number 88-50
and;
NOW, THEREFORE BE IT ORDAINED by the Board {.~ County ~.
Commissioners of Collier County, Florida: ~
Ordlnanc~ Number 88-50, Title Page, is hereby amended
adding a revision date, as follows: o_.. "
Egv. October 13. 1989.
Ordinance Number 88-50, Table of Contents, Section 3,
Land Use Regulations, is hereby amended to add a reference to
Paragraph 3.4.1, Temporary Use for a Golf Driving Range and
to add language indicating that Paragraph 3.5, Development
Standards, is not applicable to Paragraph 3.4.1 as follows:
SECTION 3 LAND USE REGULATIONS FOR SUBJECT PROPERTY .... -6-
3.1 PURPOSE ............................................. -6-
3.2 PERMITTED PRINCIPAL USES AND STRUCTURES ............ -6-
3.3 PERMITTED ACCESSORY USES AND STRUCTURES ............ -6-
3.4 PROHIBITED USES AND STRUCTURES ..................... -7-
{3.4.1) TEMPORARY USE FOR ~ GOLF DRIVING RANG~ ......... -7-
3.5 DEVELOPMENT STANDARDS (NOT APPLIC~BL~TO
SECTION (3.4.1) .................................... -7-
Words-s~ue~-thr~ugh are deleted; words underlined are added.
,oo, 037 , .144
Ordinance Number 88-50, Preface Page, explaining the
request is hereby added, as follows:
PREFACE
EXPLANATION OF PETITION REOUEST.
THIS PUD DOCUMENT REPRESENTS THE PUD DOCUMENT FOR
pETITION R-87-31C WHICH WAS ADOPTED BY THE BOARD OF COUNTY
~QMMISSIONERS AS ORDINANCE N~BER 8~-~0 ON MAY 24, ~988.
~T..!S..AM~NDrD BY ADDING PARAGRAPH [~,4.1), TEMPORARy US~
FOR A GOLF DRIVING .~ANGE,
UPQN TERMINATION OF THE GOLF DRIVING RANGE USE.
PARAGRAPH {3.4.1}, TEMPORARY USE FOR A GOLF DRIVING....RANGE,
WILL AUTOMATICALLY TE~4INATE AND THE PETITIONER AGREES TO
D~VELOP THE SUBJECT PROPERTy IN ACCORDANCE WITH THE
CONDITIONS AND RESTRICTIONS SET FORTH IN THIS PUD DOCUMENT~_
AN UP-DATED LEGAL DESCRIPTION IS U$~Q IN THIS DOCUMENT
TO REFLECT A RECEt~T SURVEY OF THE SUBJECT PROPERTY MADE BY
MR. HORACE A. WILKINSON. P.L.S. FLORIDA CERTIFICATE ~1677
DATED MARCH 22. 1989
~ECTION FOUR:
Ordinance Number 88-50, Section 1, Paragraph 1.2, Legal
Description, is hereby amended, by deleting the current legal
description and replacing it with an updated legal
description as follows:
1.2 LEGAL DESCRIPTION
A? SEeT~eN-~ST-TSWNSH~P-48-Se~THz-RAJ46E-~5-EAS~?
PAReEB-Av-~8=5-AeRES-Ta-BE-RE08NEB-FReM-RMF-6-Te
NE-}~4-eF-SEST~eN-~8?-TOWNSH~P-48Si-RANSE-~LE?-ABB
B¥~NS-WEST-eF-~AM~AM~-TRA~B?-ANB?-PAReEB-B=--~6=~8
AeRES-Te-BE-RE~eNEB-FReM-A-~-Ta-P~B~=--N-~eSZ-eF-S
TaW~SH~P-48S?-RANSE-BSE?-ABB-~N-eeBB~R-eeWN~¥?
FBeR~BA?-A-EeMB~N~B-AREA-SF-~8-AeRSS~
A. LEGAL DESCRIPTION F~R SURVEY DATED 3/22/89
THE NORTH 530.~9' OF THE NORTH 1/2 OF THE NORTHEAST
1/4 OF S~CTION 10. TOWNSHIP 48 SOUTH. RANGE 25
EAST. COLLIER COUNTY. FLORIDA. LYING WESTERLy OF
OLD U.S. 41, (A TOTAL OF 19.3 ACRES M/L; 18.0 ACRES
~/L WITHOUT F.P? & L. EASEMENT).
~ECTION FIVe;
Ordinance Number 88-50, Section 3, Land Use Regulations
For Subject Property, is hereby amended by adding Paragraph
3.4.1, Temporary Use for a Golf Driving Range, as follows:
¢3.4.1) TEMPORARY US~ FOR A GOLF DRIVING RANGE
A. ~ GOLF DRIVING BANG~, SNACK SHOP AND GOLF.~QUIPMENT
SALES AREA SHALL DE PERMITTED ~$ A TEMPORARY USE
FOR A MINIM~4 OF SEVEN YEARS OR ~{TIL THE COUNTY
UTILITIES SYSTEM IS ABLE TO PROVIDE POTABLE WATER
TO THE PROPERTY, IF SUCH OCCURS ~T A LATER DATE,
SUBJECT TO THE FOLLOWING D~VELOPMENT STANDARDS:
Words-m~ruck-%hr~ugh are deleted; words underlined are added.
--2--
.....145
THE PETITIONER SHALL PROVIDE A FIFTY ~50) FOOT.
BUFFER OF THE NATIVE VEGETATION ALONG THE
UORTH AND SOUTH PROPERTY LIU~S,
~HE IMPROVEME[~TS SHALL CONSIST OF A 40' X 60'
(MORE OR LESS) OFFICE/MAINTENANCE BUILDING, A
PUTTING G. REEN, a PRACTICE GREEN/SAND TRAP,
SEVENTY (.70) PAVEQ OFF-STREET pAR~II;G SPACES,
A 25' × 40' PAVED LOADING/UNLOADIN~ AREA.
DRIVING GOLF RAN$~ RELATED FACILITIES. ALO~G
.WIT}{ A T~..HPORARY ROAQ ~DQ APPROVED WELL AN~
~]J~Ig__OCfL~EH TO SERVE THE FACILITY.
THE PRESERVE AREAS SHO~.~ ON THE SITE PLAN WILL
DE RETAI~;ED I~ THEIF EXISTING CONDITION.
ALL XERIC OAK, (QUERCUS SP.) EXCEEDING A 4"
DIAMETER BREAST H$IGH~.AND..WA~ MYRTLE CMYRICA
CERIFERA) WILL BE RETAINED IN PLACE. OR. IF
TIIEI~ REMOVAL IS REOUIRED FOR THE DEVELOPMENT
OF THE GOL~ DRIVING RANGE, THEY WILL B~ MOVED
To ANOTHER LOCATION ON THE SITE. "HEALED IN"
AND PRESERVED UNTIL SUCH TIM~ AS ~HE¥ .CAN BE
PERMANENTLY RE-PLAHTED AS PART OF THE REQ~
iaM{DGCAPING OF THE PROPERTY AS APPROVED IN
PETITION, R-87-31C.
THE REMOVAL OF SLASH PINE (PINUS ELLIOTTI) AND
SAW PALMETTO (SERENOA REPENS} WILL BE ~EPT To
AN ADSOLUTE MINIMUM WHICH SHALL BE SUfFICIeNT
TO ALLOW GOLF BALL IN-FLIGHT VISIBILITY FOR
THE CUSTOMERS USING THE DRIVING RANGE.
SECTION SIX:
Ordinance Number 88-50, Section 3, Land Development
Regulations, is hereby by amended by adding language
requiring that Paragraph 3.5, Development Standards, not be
made applicable to Paragraph 3.4.1, as follows:
3.5 DEVELOPMENT STANDARDS CNOT APPLICABLE TO SECTION
SECTION SEVEN:
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: November 28. 1989 BOARD OF COUNTY COM~4ISSIONERS
· .-. . .~ COLLIER COUNTY, FLORIDA
' !ATTEST: : :''~
r, . r: BY:
~ :JAMES C. GILES, CLERK BURT L. SAUNDERS, CHAIRMAN
........
· - fi;in cel¥ d<3y
PDA-89-6 ORDINANCE
Words-s~msR-%hre~gh are deleted; words ~ are added.
PETITIOn! TO AME}rD THE GADALETA PUD
(R-87-31C) TO PERMIT THE TEMPORARY
USE OF A GOLF DRIVI~:G RA::GE
PREPARED FOR
DOMEMICO GADALETA
A!;D
ANGELA GADALETA
PLANNI~G CONSULTA~;T
DR. ~;E~;O J. SPAG~;A, AICP, PRES.
FLORIDA URBAN I~rST., I~C.
3850 27 AVE}rUE S.W.
~;APLES. FLORIDA 33964
DATE ISSUED
DATE APPROVED BY CCPC
DATE APPROVED BY BCC
ORDI~rANCE ~;UMBER
APRIL, 1989
£EV. OCTOBER 13, 1939
TABLE OF CONTE,~;TS
SUBJECT PAGE
NUMBER
TABLE OF CONTENTS .......................................... -i-
PREFACE .................................................. -iii-
SECTION 1 .................................................. -1~
1.1 PURPOSE ............................................... -1-
1.2 LEGAL DESCRIPTION ..................................... -1-
1,3 PROPERTY OWNERSHIP .................................... -1-
1.4 GE};ERAL DESCRIPTION OF PROPERTY ....................... -1-
1.5 CURRENT ZONI~;G ........................................ -1-
1.6 COMPREHENSIVE PLAN .................................... -1-
1.7 ENVIRO~MENTAL IMPACT STATEMENT AS REQUIRED BY
ORDINANCE 77-66 ....................................... -1-
SECTION 2. (PROJECT DEVELOP~ENT) ........................... -2-
2.1 PURPOSE .............................................. -2-
2 2 GE~IERAL .............................................. -2-
2 3 MASTER PLAN AND LAND USE ............................. -2-
2 4 PHASES OF DEVELOPMENT ................................ -2-
2 5 DEVELOPMENT AND FRACTIONALIZATION OF TRACTS .......... -2-
2 6 PUD CO}~CEPTUAL PLAN APPROVAL PROCESS ................. -3-
2 7 SITE DEVELOPMENT PLAN APPROVAL PROCESS ............... -4-
2.8 MAINTENANCE OF COMMO~I AREAS .......................... -4-
2.9 POLLING PLACES ....................................... -4-
2.10 FIRE HYDRANTS ....................................... -5-
2.11 ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY .......... -5-
2.12 MAXIMUM NUMBER OF TRANSIENT LODGING UNITS ........... -5-
SECTION 3 LAND USE REGULATIONS FOR SUBJECT PROPERTY ...... -6-
3.1 PURPOSE .............................................. -6-
3.2 PERMITTED PRINCIPAL USES AND STRUCTURES .............. -6-
3.3 PERMITTED ACCESSORY USES AND STRUCTURES .............. -6-
3.4 PROHIBITED USES AND STRUCTURES ....................... -7-
[3.4.1] TEMPORARY USE FOR A GOLF DRIVI~IG RANGE ........... -7-
3.5 DEVELOPMENT STA~IDARDS ,INOT APPLICABLE TO
SECTIOn; [3.4.1]) ..................................... -7-
SECTION 4 GE~IERAL DEVELOPMENT REQUIREMENTS ............... -10-
4.1 PURPOSE .............................................. -1~-
4.2 PUD MASTER PLAN ...................................... -10-
4.3 WATER MANAGEMENT ..................................... -10-
4.4 PRIVATE ROADS ........................................ -10-
-i-
,oo 037 , ,:148'
4.6 ELECTRICITY, TELEPHONE, CABLEVISIOr; .................. -10-
SECTIOn! 5 DEVELOPME~;T COMMITME~fT$ ....................... -11-
" 5.1 PETITIO}IER'S DECLARATION ............................ -11-
5.2 E~;VIRO?~ME~;TAL PROTECTIOn! ............................ -11-
5.3 WATER MAr~AGEMENT CONSIDERATIONS ..................... -13-
5.4 TRAFFIC ............................................. -13-
5.5 COUNTY UTILITIES .................................... -14-
5.6 FIRE DISTRICT REVIEW ................................ -14-
5.7 E~;GINEERING ......................................... -14-
-ii-
1.1 PURPOSE
SECTION 1
THE PURPOSE CF THIS SECTION IS TO SET FORTH THE LOCATIO[! AMD
OWNERSHIP OF THE PROPERTY, AND TO DESCRIBE THE EXISTING
CONDITIONS OF THE PROPERTY PROPOSED TO mE DEVELOPED.
1.2 LEGAL DESCRIPTION
SE~?~SM .... ~9 ..... ?OW~SH~P .... 485 ...... RANSE .... ~LE--
PAR6EB-Av-4~Sv5-A~RES-?O-BE-REBONEB-FROM-RMF-6-?O-PWB~-W-~BO5-F~
4857-RAMGE-~LET-ABh-BY~N6-WEST-OF-TAM~AMI-TRA~BT-AM~v-PAR~EB-Bv
~6vTfi-A6RES-~O-BE-REEONEB-FROH-A-~-~O-p~B~-M-~OOZ-OF-S-~-OF-M
~F~-OF-N-~/~-SF-ME-~4-OF-SE6~IOH-~07-~eWNSHiP-4897-RANSE-~LEv-Ahh
~H-~OhbIER-~eFN~Yv-FheR!~Av-A-~eMB~HEB-AREA-SF-tFvRS-A~RESv
LEGAL DESCRIPTION PER SURVEY DATED 3/22/89
THE NORTH 530.19' OF THE NORTH 1/2 OF THE ~;ORTHEAST 1/4 OF
SECTION 10, TOWn,SHIP 48 SOUTH., RANGE 25 EAST, COLLIEg. COUNTY,
FLORIDA, LYI~;G WESTERLY OF OLD U.S. 41,IA TOTAL OF 19.3 ACRES
M/L; 18.~ ACRES M/L....WITHOUT F. P. & L. EASEMENT;.
1.3 PROPERTY OWNERSHIP
THE SUBJECT PROPERTY IS OWNED BY DOMENICO AND ANGELA GADALETA
572 107th AVENUE N., NAPLES, FLORIDA 33963
1.4 GE~fEPAL DESCRIPTION OF PROPERTY
?
ko
THE PROPERTY CO~ISISTS OF APPROXIMATELY 17.28 ACRES OF LARD
LOCATED ON THE WEST SIDE OF OLD US 41, JUST SOUTH OF THE LEE
COUNTY LINE.
THE SUBJECT PROPERTY IS CURRENTLY UNDEVELOPED AMD IS
GE~;ERALLY COVERED WITH SLASH PINE.
1.5 CURRENT ZONIt;G
TII~ CURRE~T ZONING IS RHF-6 FOR PARCEL A AND A-2 AGRICULTURAL
FOP. PARCEL B.
!.6 COMPREHENSIVE PLAN
THE COMPREHENSIVE PLAN DESIGNATES THE SUBJECT PROPERTY AS
BEING WITHIN THE "URBAN AREA" OF COLLIER COUNTY.
1.7 ENVIROI;HENTAL IMPACT STATEMENT AS REQUIRED BY ORDINANCE 77-66
EIS FOR PARCEL A SUBMITTED AS PART OF REQUIRED DATA FOR
PETITION R-86-26C. PARCEL B CO}~TAIMS LESS THAN TEN (10)
ACRES AND THEREFORE PETITIOUER KEQUESTS EIS WAIVER AS
PERMITTED IN ORDINANCE 77-66.
-1-
!
2.1
SECTIOM 2
PROJECT DEVELOPMErIT
PURPOSE
A. THE PURPOSE OF THIS SECTIOfI IS TO DELINEATE AND GENERALLY
DESCP, IBE THE PROJECT PLAN OF DEVELOPMENT° THE RESPECTIVE USES
OF THE PARCELS INCLUDED I~ THE PROJECT, AS WELL AS THE
PROJECT CRITERIA FOR FUTURE DEVELOPME~.rT.
2.2 C. EI:EF. AL
A. REGULATIONS FOR DEVELOPMEMT OF THIS PROJECT SHALL BE IM
ACCORDANCE WITH THE CONTENTS OF THIS DOCUMENT, PUD-PLAMNED
U:rIT DEVELOPMEUT DISTRICT AND; OTHER APPLICABLE SECTIO~rS A~rD
PARTS OF THE COLLIER COUNTY ZONING ORDINANCE.
B. UNLESS OTHERWISE rIOTED, THE DEFINITIOMS OF ALL TERMS SHALL BE
THE SAME AS THE DEFINITIONS SET FOP. TH IN THE COLLIER COUMTY
ZO:IING ORDI~;ANCE.
MASTER PLAN A~;D LAND USE
A. THE SITE PLA~; CONSISTS OF ONE PARCEL A CONTAIMING 1(~.5 ACRES
OF LA,ID A~;D PARCEL B COf;TAINING 6.7S ACRES OF LAND FOP. A
TOTAL OF 17.28 ACRES OF LAND.
IT IS THE INTENT OF THE PETITIOMER TO DEVELOP THIS LAND INTO
CO:~DOHIIIIUM$ ALONG WIT}{ THEIR ACCESSORY USES, THE RELATED
STREETS, OFF-STREET PARKING, OFF-STREET LOADIr~G/UMLOADI:.;f-.
WATER RETE~;TIO~I AREAS, AND RECREATIO~AL AMD OPEr! SPACE
FACILITIES.
2.4 eHf, SES OF DEVELOPME~;T
A. THE PETITIONER INTEMDS TO BEGIN CONSTRUCTIO~r OF THE PROJECT
AS EARLY AS POSSIBLE UPON APPROVAL OF THE PETITION BY THE
COU~;TY A~D CONTINUE WOKKIMG UNTIL ALL OF THE SITE
IMPROVEMENTS ALONG WITH ALL REQUIRED BUILDINGS ARE COMPLETED
Ii; ACCORDANCE WITH THE COf;DITIONS OF THE APPROVED PUD
DOCUMENT.
ESTIMATED COr~PLETION TIME WAS DECEMBER 1~92.
2.5 DEVELOPMENT AND FRACTIOMALIZATION OF TRACTS
A. WHEfI THE DEVELOPER SELLS AN EMTIRE TRACT OR A BUILDIfrG PARCEL
(FRACTION OF A TRACT) TO A SUBSEQUENT OW~:EP,, OR PROPOSES
DEVELOPMENT OF SUCH PROPERTY HIMSELF, THE DEVELOPER SHALL
PROVIDE TO THE ADHIrIISTP. ATOR FOP. APPP. OVAL, PP~IOR TO THE
DEVELO.~HEMT CF THE TRACT BY THE DEVELOFEP. OP. PRIOR TO
THE SALE TO A SUBSEQUE~;T OWNER OF SUCH PROPEF. TY, A BOU:~DAP. Y
-2-
DRAWING SHOWING THE T?,ACT AND THE BUILDING PARCEL THEREIn!
(WHE~! APPLICABLE) AND THE SQUAP, E FOOTAGE ASSIGn;ED TO THE
PROPERTY. THE DRAWI~G SHALL ALSO SHOW THE LOCATIO,~! AT:D SIZE
OF ACCESS TO THOSE FRACTIO?~AL PAP, TS THAT DO NOT ABUT A PUBLIC
STREET. All UPDATED MASTER PLAT; SI:CWII~G THE F~,ACTIONAL PAP. CEL
ALSO SHALL BE SUBMITTED.
I.~! THE EVENT AHY TRACT CP, BUILDING PAP, CEL IS SOLD BY ANY
SUBSEQUE;'IT OW~EP,, AS IDENTIFIED IT; SECTION 2.5.A, IN
FRACTIO!;AL PARTS TO OTHER PAP, TIES FOP, DEVELOPMENT, THE
SUBSEQUE!IT OW:IE.% SHALL PROVIDE TO THE ZO~IING DI.%ECTOR, FOP,
APPROVAL. PRIO.% TO DEVELOPMENT OF THE TRACT BY THE DEVELOPEP,
OR PRIOR TO THE SALE TO A SUBSEQUE:'~T OW:;EP. OF A FRACTIOI~AL
PART, A BOU:;DARY DRAWI~;G SHOWING HIS OP. IGIMALLY PURCHASED
TRACT OR BUILDI.~;G PARCEL A;;D TP-'E FRACTIOn!AL FAP. T THEEEI:! A~:D
THE SQUARE FOOTAGE ASSIGNED TO EACH O? THE FRACTIOHAL PARTS.
THE DF. AWI!,;G SHALL ALSO SHOW THE LOCATIOn; A:;D SIZE OF ACCESS
TO THOSE FRACTIONAL PARTS THAT DO ~!OT ABUT A PUBLIC STREET.
A~ UPDATED MASTER PLA~ SHO;;I:;G THE FP. ACTIO!;AL PARCEL AL~O
SHALL BE SUBMITTED.
THE DEVELOPER OF ANY TRACT MUST SUBMIT A CONCEPTUAL SITE PLA~!
FOP, THE ENTIRE TRACT IN ACCORDAT;CE WITH SECTION 2.5 OF THIS
DOCUME~T PRIOR TO FINAL SITE PLA!; SUB~4ITTAL FOR ANY PORTIO!!
DOCUMENT PRIOP, TO FI~!AL SITE PLA~! SUBMITTAL FOP, A~IY PORTION
OF THAT TP. ACT. THE DEVELOPER MAY CHOOSE NOT TO SUBMIT A
CONCEFTUAL SITE PLA~! FOR THE E!;TIRE TRACT IF A FINAL SITE
PLA~! IS SUBMITTED ArID APPROVED FOP, THE E~TiRE TEACT.
THE DEVELOPER OF A~;Y TRACT OR BUILDII'!G PARCEL MUST SUBMIT,
PRIOR TO OR AT THE SAME TIME OF APPLICATIO!; FOP. A BUILDING
PERMIT, A DETAILED SITE DEVELOPMEI':T PLAM FOP, HIS TRACT 9R
PARCEL I:! CO:;FORMA:;CE WIT}{ THE ZO[;ING ORDINANCE REQUIRE!:ET!TS
POP, SITE DEVELOPME};T PLAT! APPROVAL. THIS FLA:'! SHALL BE I::
COHPLIANCE WITH A~!Y APPROVED CONCEPTUAL SITE PLAT; AS WELL AS
ALL CRITERIA WITHIH THIS DOCUMENT.
I~l EVALUATIIiG THE FRACTIONALIZATIO!: PLAT;S, THE ZONI[IG
DIRECTOR'S DECISIOT~ FOP, APPROVAL OP, DECRIAL SHALL BE BASED O:!
COMPLIANCE WITH THE CRITERIA A~ID THE DEVELOPHENT INTENT AS
SET FQET}{ III THIS DOCUME!IT. CO~IFOk~!ANCE WIT]{ ALLOWABLE AMOU,~;T
OF BUILDI~G SQUARE FOOTAGE A!~D THE P, EASO~!ABLE ACCESSIBILITY
OF THE FRACTIOn;AL PARTS TO PUBLIC 0.% PRIVATE ROADWAYS, COHMO.~
AP. EAS, OR OTHER MEA!;S OF II;GRESS AND EGP, ESS.
IF APPROVAL IS NOT ISSUED WITHIN TWENTY (20) WOKKI~;G DAYS,
THE SUBMISSIO.~ SHALL BE CO~$IDE?,ED AUTOMATICALLY ~F .... ~:_.
2.6 PUD CO~ICEPTUAL SITE PLAN APPROVAL P.%OCESS
~HE~: PUD CO~;CEPTUAL SITE PLAT{ APPROVAL IS DESIRED OR REQUIRED BY
THIS DOCUME:'~T, THE FOLLOWING PROCEDURE SHALL BE FOLLOWED:
-3-
,oo, 03% . .152
A. A WRITTE}{ REQUEST FOR CONCEPTUAL SITE PLA}! APPROVAL SHALL BE
SUBMITTED TO THE DIRECTOR FOR APPROVAL. THIS REQUEST SHALL
IIiCLUDE MATERIALS NECESSARY TO DEMOI{STRATE THAT THE APPRQVAL
OF THE CO:;CEPTUAL SITE PLA:{ WILL BE !M HARHOHY WiTH THE
GE{IERAL INTENT AND PURPOSE OF THIS DOCUME~iT. SUCH MATERIAL
MAY IrlCLUDE, BUT IS NOT LIMITED TO THE FOLLOWII{G. WHERE
APPLICABLE:
1) SITE PLANS AT AN APPROPRIATE SCALE SHOWI~'{G PROPOSED
PLACEMENT OF STRUCTURES O:{ THE PROPEP. TY; PROVISIOr~S FOR
I~IGRESS A.~;D EGRESS, OFF-STREET LC'AD!~IG AREAS; YAF. DS AI. ID
OTHER OPE!'! SPACE.
2) PLA.~rS SHOWING PROPOSED LOCATIOM FOR UTILITIES HOOKUP.
3) PLA~S FOR SCREErtING AND BUFFERI:{G
B. I.~i THE CASE OF CjustERED BUILDII{GS REQUIRED PROPERTY
DEVELOPME~:T REGULATIONS MAY BE WAIVED OR REDUCED PROVIDED A
fITE PLAN IS APPROVED U~'fDER THIS SECTIO:{.
C. A FEE COrlSISTErIT WITH THE CURREET FEE SCHEDULE FOR COU~ITY
SITE DEVELOP{(ErlT PLA~f APPROVAL SHALL ACCOHPAMY THE
APPLICATION, UNLESS A SPECIFIC F[ 2 FOP. CO:{CE?TUAL SITE PLA~:
REVIEW IS ADOPTED.
D. IF APPROVAL OR DENIAL I$ riOT ISSUED WITHIn! TWEriTY
WOP. KI~{G DAYS, THE SUBMISSION SHALL BE CO~{SIDERED
AUTOHATICALLY APPROVED.
2.7 SiTE DEVELOPMENT PLAN APPROVAL PROCESS
A. SITE DEVELOPME~IT PLAN APPROVAL, WHEN DESIRED OR REQUESTED BY
THIS DOCUMENT, SHALL FOLLOW THE PROCEDUP. E AS OUTLIHED Ill THE
ZO~{Ir{G ORDINAl;CE.
2.B MAII:TENANCE OF COMMON AREAS
A. PRIVATE STREETS, RECREATION AREAS, COHMON OPEN SPACES, 07. A!IY
OTHER SUCH AMENITIES, UPON COMPLETION OF THE PROJECT, OP,
SOOIIEF. AS AGREED TO BY ALL PARTIES CO}ICERr;ED, COME UIIDER THE
OWNERSHIP OF A PROPERTY OWr{ERS ASSOCIATIOri OR SOME SUCH
SIMILAR ORGAIIIZATIO}I OF RESIDENTS. THIS ORGANIZATIOI{ W!I,L
RESPOI:SIBLE FOR THE MAIllTEHAI{CE OF COMi~.O.~{ AREAS UMDER
COIIDITiONS SET FORTtI II{ THE APPROVED PUD DOCUME~IT.
2.9 PILLZI;G PLACES
A. POLLi]~IG PLACES SHALL BE PEP. MITTED AS DEEMED APFROPRIATE DY
RECOH.~IENDATIOI'{ FROM THE SUPERVISOR OF ELECTIO~{S TO THE BOkP. D
OF COU~iTY COMMISSIONERS IN ACCORDANCE WITH SECTION 9.11
THE ZONING ORDINANCE 82-2.
-4-
FIRE HYD ?.A.~T S
FIP, E HYDRANTS SHALL BE REQUIRED PER THE STA:IDARDS OF THE
SUBDIVISION OP.D IMA~-~CE .
2.11 I.~SU;~MCE OF FI.~IAL CERTIFICATE OF OCCUPA:rCY
PRIOR TO THE ISSUANCE OF A FINAL CEP, TIFICATE OF OCCUPA~:CY.
ALL COIIMITMENTS IN THE PUD DOCUMEMT SHALL BE MET BY THE
DEVELOPER UNLESS SO!~E OTHE?, AK?.A!IGEMEr.~T IS I-'.UTUALLY AG?,EED
UP~..~ ~Y THE DEVELOPEP. AND THE ZO~I~G DIP, ECTO?..
2.12 M:..~[!::UM ~;UMBEP, OF DWELLI};G UNITS
THF. EE SHALL BE A MAXIMUM OF BB DWELLIHG U:;ITS. TEr; (!0)
PEF, CE~'-~T OF THE 61 DWELLING UNITS SIX (6} APPP, OVED FOP. PAP. CEL
A AS SHOWN O!I THE CONCEPTUAL MASTEP. PLA:I, SHALL BE DEVELOPED
TO MEET THE REQUIREMENTS OF THE AFFO?,DABLE HOUSING SECTIO.~: ~.'F
T.~iE CO:IFREHE!.ISIVE PLA.~I AS WAS AGEED TO AS A ?,ESUI,T QF THE
APPROVAL CF KEZOXI~;G PETITION R-84-26C.
THESE SIX (6) DWELLII~G U~ITS MAY BE LOCATED AMYWHERE ~ITHI~[
THE SUBJECT PROJECT JUST AS THE 61 APPROVED DWELLI~]G UNITS
FO~ PARCEL "A" MAY BE LOCATED AIIYWHE~E WITHI:! THE SUBJECT
F~TPE~TY.
-5-
PURFOSE
SECTION 3
LAND USE REGULATIO~';S FOR THE SUBJECT PROPERTY
IT IS THE PURPOSE OF THIS SECTIO:; TO OUTLINE THE LAND USE
REGULATIONS OF THE PROJECT SO THAT THE DEVELOPME:[T WILL
PROCEED IN A MANNEP, WHICH IS CO~fSISTE:~T WITII THE PUD DOCU:.IE.~:T
AHD ACCORDING TO THE GENERAL GOAL AND OBJECTIVES OF THE
CC::NTY'S COMPREHENSIVE PLA~.
PEP.:1~'TTED PRINCIPAL USES AND STRUCTURES
A. NO BUILDI~[G OR STRUCTURE, OR PART T}IE.%5OF S?[ALL BE ERECTED,
ALTEF, ED OR USED, OF, LAND USED, if{ WHOLE OF, !}: FAF. T, FOP. OTHE?.
THA:; T:IE FCLLOWIUG:
1) HULTI-FAMILY RESIDENCES.
2) GROUP HOUSING, PATIO HOUSING AND CjustER }!OUSIIIG.
{DEVELOPMENT FLAIl AFPROVAb REQUIRED - SEE SECTI9:,; 19.5
CF ZONING ORDIHANCE).
TOWN HOUSES (DEVELOPMENT PLA}[ APPF. OVAL REQUIRED - SEE
SECTION 10.5 OF ZOfIING ORDINANCE).
4) TEN (10) PEF, CENT OF THE DWELLI::G U:IITS CO~;STRUCTED
WITHIN PARCEL "A" AS SHOWN OH THE COtlCEPTUAL NASTEE FLA:[
SHALL BE DEVELOPED TO MEET THE F. EQUIRE:':EHT$, OF THE
AFFORDABLE HOUSING SECTIO:! OF THE COMPREHENSIVE PLAH AS
WAS AGEED TO AS A P, ESULT OF THE APPROVAL OF PETITIO:!
R-84-25C.
5) HODEL HOME UNITS SHALL BE PERHITTED IN CONJU~CTIO:: WITH
THE PROMOTION OF THE DEVELOPME}:T. SUCH MODEL HO.~IE U:'IITS
SHALL BE CONVERTED TO RESIDENCES UFO:[ THE COHPLETIO:' OF
THE PROJECT Ur]LESS OTHERWISE SPECI~'ICALLY APPROVED ~Y
THE COU!~TY.
THE ~[U.".BER OF MODEL HOMES SHALL BE L!?.ITED TO A MAXI~UH
CF FOUR {4} UNITS.
P:{RM/TTED ACCESSORY USES AND STRUCTURES
A. ACCESSORY USES A};D STRUCTURES CUSTOHARILY ASSOCIATED WITH
USES PERHITTED IN TI[IS DISTF, ICT.
~, ~'.ZC~',EATIO~;AL FACILITIES DIRECTLY RELATED TO THE PEF.!4ITTED
FF, IHC I PAL USES.
C. MAINTENAHCE ~UILDINGS, STORAGE BUILDI::GS AMD STORAGE AREAS
~HICH ARE USED IN CONJUNCTION WITH THE DEVELOPMENT.
-6-
B.4
[3.4.11
A.
3.5
PROHIBITED USES AND STRUCTURES
A. A[Ff USES OR STRUCTURES NOT SPECIFICALLY , PROVISIONALLY, OP.
BY REASONABLE IMPLICATION PERMITTED HEREIH
TEMPORARY USE FOR A GOLF DRIVING RANGE
A GOLF DRIVING RANGE~ SNACK SHOP AHD GOLF EQUIPHENT SALES
AF. EA SHALL BE PERMITTED AS A TEI~.PORAP. Y USE FOR A MAX~.MUM OF
SF~VE.I; YEARS OR UNTIL THE COUNTY UTILITIES SYSTEH IS ABLE TO
PROVIDE POTABLE WATER TO THE PROPERTY, IF SUCH CC(~UF.S A7 A
L.~'~_T_.F.~ DAT__.E, SU[h)___F. CT TO TIlE FOLLO'JIHG DEVELOP!IR!ST STAHDAEDS:
1)
THE PETITIONER SHALL PROVIDE A FIFTY (50) FOOT BUFFER OF
THE NATIVE VEGETATION ALONG THE NORTH AND SOUTH PROPERTY
2~
LIHES .
THE IMPROVEHENTS SHALL COHSIST OF A 40' X 60' (MORE OP.
LESS; O. FF][CE/HAINTENANCE .BUI~DI.NG, A PUTTING GP.E~N, A
]~RACTICE GREE.H/SA!!D TRAP, SEVEHTY {70) PAVED OFF-STREET
PARKING SPACES, A 25' X 40'PAVED. LOADIHG/UHbOADING AREA,
DRIVING GOLF RAHGE RELATED FACILITIES,. Ab0NG WITH A
TEMPORARY ROAD AHD APPROVED WELL AHD SEPTIC SYSTEM TO
SERVE TH~. FA. CI.L!Ty~
THE PRESERVE AREAS SHOWN ON THE SITE PLAN WILL BE
RETAINED IN THEIR EXISTIHG COHDITION.
ALL XERIC OAK, [QUERCUS SP.} EXCEEDING A 4" DIAMETER
BREAST HEIGHT AND WAX MYRTLE (MYP. ICA CE.R_I.FER$~ WI~~ BE
RETAIHED IH PLACE, OR,. IF .TH..E.'.IR REHOVAL IS REQUIRED FOR
THE DEVELOP~.EHT OF THE GOLF DRIVIHG RANGER T!i~Y WILL BE
HOVED TO ANOTHER LOCATIOH ON.THE S~TE, "H~ALED IH" AND
PRESERVED UHTIL SUCH TIME AS THEY CAH BE PERMANENTLY
5)
RE-PLANTED AS PART OF THE REQUIRED LAHDECAPING OF THE
PROPERTY AS APPROVED IH PETITIOU R-~7-31C.
~PALMETTO ISERENOA REP~.NS~ WI.L!, BE KEPT TO AN ABSOLUTE
MINIMUM W]{IC!/~ SUFFICIENT TO ALLOW GOI,F BALL IH-FLIGHT
V-I~i-~'~'-~I~' '~6~. THE CUSTOMERS USfNO THE DRIVIIIG RANGE.
DEVELOPMENT STANDARDS _~NOT' APPLICABLE TO SECTION [3.4~....!]) ,
A. MINIMUM LOT AREA: 43,560 SQUARE FEET (OHE ACRE).
Bo
MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES: 750 SQUARE FEET
FOR EACH APARTMEHT UHIT.
Co
MINIMUM YARD REQUIREMEHTS FOR PRINCIPAL STRUCTURES AND
ACCESSORY STRUCTURES AS MEASURED FROM ItlTERNAL STREET AND LOT
LINES:
-7-
1)
FP, Or[T YARD: THIRTY FIVE (35) FEET PLUS OHE (1) FOOT FOR
EACH TWO {2) FEET OF BUILDING HEIGHT OVER THIP. TY {~-0) FEE~.
2)
SIDE YARD: FIFTEE~I (15) FEET PLUS O:!E (1) FOOT FOR EACH
TWO (2) FEET OF BUILDII!G HEIGHT OVER THIRTY (30) FEET.
3)
REAR YARD: THIRTY FEET PLUS OHE (1) FOOT FOR EACH TWO {2}
FEET OF BUILDING HEIGHT OVER THI?.TY 130~ FEET.
SETBACK F?.OM WATER AREAS: 20 FOOT SETBACK FRCH ALL WATER
AREAS, AS [~.EASUF, ED AT THE AVEF. AGE A~]::UAL HEIGHT OF THE AP, EA
OF WATER, FOR ALL P?.I~;CIPAL STP, UCTURES E::CLUDIHG WALKWAYS,
PICHIC AREAS A::D SHELTEF. S, A::D C'THEF. F. ECREATIO:! FACILITIES
WHICH ARE CUSTOMARILY ASSOCIATED WITI! THE PERMITTED USES
DiSTA:[CE BETWEEN STRUCTUF, ES: IF THE?,E IS A SEPA?,ATIO~
BETWEEn; AMY TWO (2) PRIHCIPAL STRUCTURES O:! THE SAME PARCEL,
SAID SE~ARATIO,~ SHALL BE A MIHIMUM OF THIRTY (30) FEET FOF, A
THREE STORY STRUCTURE AMD TWE:fTY (29,~ FEET FOR A TWO
STORY STF. UCTURE.
MAXIMUM HEIGHT OF STRUCTURES: THREE (3) STORIES EXCLUSIVE OF
U~DEP. GROUND PARKING, A~TEMI~AS, AIR COMDITIO:IIMG TOWER~
A[;Y OTHER APPURTEHAMCES WHICH ARE USUALLY REQUIRED TO BE
PLACED ABOVE THE ROOF LEVEL AMD NOT IHTENDED FOR HUHA,~!
OCCUFAUCY.
.~I.~I .... ~ OFF-STREET PARKIHG A:[D OFF-C'~--rT LOADI!:G
:.-Q., .... M,r ~o: AS REQUIRED BY THE COUNTY ZONING CP, DIr!A!~CE AT
THE T!:~E OF APPLICATIOr; FOP, CO~;STRUCTIOM PEP2~.ITS.
OFF-STREET LOADiNG/UNLOADING AS REQUIRED fY THE COUNTY ZO.MIr]G
O?.DIUAHCE AT THE TI!~.E OF APPLICAT!CH FOP, CC:;STP. UCTIO!:
PEF. I'IIT S.
SIGHS AS REQUIP, ED BY THE COLLIER COU!;TY ZOr:I:rG O.,-IH,,.I~E AT
THE TIME OF APPLICATIOH FOR CO::STP. UCTIC?! FEF.::iT~
LI~H,,HG:
LIGHTI~G FACILITIES SHALL BE ARRANGED I:; A M,A.~H~ER W.{~ ....
%!ILL PROTECT F, OADWAYS AHD ADJACENT PF, OPEP, TIES FF. OM
DIRECT GLARE AMD OTHER I~;TERFERENCES
MI~;I:XUM LA:;DSCAPIHG REQUIREMENTS:
~) AS REQUIRED BY THE COUHTY ZO!~IHG OP.D_:I,~.I~.: AT ..... TI:']E
OF APPLICATIO.~; FO?. CO:~STP. UCTIOM PERMITS
2)
THE SEWAGE TREATME::T PLATT SHALL BE _UF.,F...D II;
ACCOkDAMCE WITH SECTIO:! Z.37 OF THE ZO:!ING ORD~.]A.!.E
S2-2.
FENCE P. EQUIP, EMENTS:
1)
AS P,EQUIP, F.D BY THE COUNTY ."-ONING ORDINANCE AT THE Ti:.:E
OF APPLICATIO.~! FOP, CONSTP, UCTIC..N PEP`MITS.
PEP. IMETER BUFFEP, ING SHALL BE AS REQUIP,F.D III SECT!O:!
7.27.'.11) {b) OF THE ZO:IING OP, DII:A:ICE 82-2. SUCH STA:IDAP,~E
SHOULD BE AT LEAST 50% OF THE REQUIRE?.EI!TS OF SECTICN 8.37 OF
THE ZO~III-IG OP, DINANCE.
158'
SECTION 4.
GEIIERAL DEVELOFt~.E~;T REQUIP, EME!;TS
4.1 PUP, POSE
A.' THE PURPOSE OF THIS SECTION IS TO SET FORTH THE GErlEP, AL
DEVELOPMErlT REQUIREMENTS AND COrlD!TIOI'IS FOP. DEVELOPME!IT OF
THE PROJECT.
4.2 PUD :'.ASTER PLAN
A. THE PUD MASTER PLA}~ HEREIN IS I:~TE!{DED AS AN ILjustRATIVE
PRELIMINAP, Y DEVELOPME}~T PLAr~. THE DESIGM CRITERIA AND LAYOUT
ILjust.~ATED O~; THE MASTER PLAN SHALL BE U!{DERSTOOD TO BE
FLEXIBLE, SO THAT, THE FI!tAL DESIGn! MAY SATISFY PROJECT
CRITE?,IA AMD CO~-IPLY WIT}{ ALL APPLICABLE REQ',;IREHE~tTS OF THIS
OP, DI~IAr;CE .
B. ALL ~;ECESSARY EASEMEr~TS, DEDICATIO~tS, OP, OTHER I:;STRUt-{E~:TS
SHALL BE GRANTED TO INSURE THE CONTI};UED OPERATION A};D
MAir;TE!;ANCE OF ALL PUBLIC SERVICE UTiLiTIES.
C. MIHOR DESIGN CHANGES SHALL BE PERMITTED SUBJECT TO THE
APPROVAL OF THE ZO:~I!;G DiP, ECTOR.
4. ~- WATE.% MA}~AGEMENT
A. THE WATEP, MAMAGEME;;T SYSTEM SHALL CO:'IPLY WiTH THE A?'PLICABLE
F, EQUIREME~;TS OF COLLIE~ COUNTY
B. DETAILED SITE DRAIr;AGE PLAteS SHALL BE SUBMITTED TO THE COU~;TY
E~tGIMEER FOR REVIEW AND APP,.OVAL PP, IOP, TO THE START OF
CO~ZSTF. UCTION .
C. THE PETITIO:~ER AGREES TO COMPLY WITH THE CO~;DITIONS OF THIS
APPROVAL.
4.4 PP. IVATE ROADS
A. THE IL'TEKt;AL ROAD SYSTE~4 SHALL BE PRIVATELY OW:tED AND
MAINTAINED BY THE PROPERTY OW~ER OP, ASSIGMS.
4.5 SOLID WASTE DISPOSAL
A. ARRArtGE{~ENTS AND AGREEMENTS SHALL BE MADE WITH THE APPROVED
SOLID WASTE DISPOSAL COLLECTO?, FOP, THE COLLECTIO:'! AND
DISPOSAL OF SOLID WASTE A!{D TRASH.
· ~.6 ELECTRICITY, TELEPHO!~E, CABLEVISIO~
A. ARKANGEHE:;TS/AGREEHE!.~TS SHALL BE MADE WITH THE APPROVED
CO~;TRACTOF, S FOP, SERVICES CT; Ar! "AS r~EEDED" BASIS.
159
5.1
SECTION 5
DEVELOPMENT COMMITMEr:TS
THE PETITIONER STATES THAT IF HE/SHE P?.OCEEDS WITH THE PROPOSED
~EVELOPMENT, HE/SHE WILL:
A. DO SO IN ACCORD WITH:
2)
THE COMPREHENSIVE PLAN OF COLLIER COUNTY IN EFFECT AT
THE TIME OF APPLICATION FOR COMSTRUCTIOM PERMITS.
REGULATIONS EXISTI[IG WHEN THE AME..';DMENT RECO}IING THE
LAND TO PUD IS ADOPTED, OR AS MAY HAVE BEE:I AME.~iDED;
A~D,
SUCH OTHER CONDITIONS OR MODIFICATIOrIS AS MAY BE
ATTACHED TO THE REZONING OF THE LAND TO PUD
CLASSIFICATION,
PROVIDE AGREEMENTS, CONTRACTS, DEED RESTRICTIONS, OP. SURETIES
ACCEPTABLE TO THE COUNTY FOR COMPLETION OF THE UNDERTAKING I:l
ACCORD WITH THE ADOPTED MASTER PLAN AS WELL AS FOP, CO~;TI~IUII;G
OPEP. ATIONS AMD MAINTENANCE OF SUCH AREAS, FUNCTIO[;$ AND
FACILITIES THAT ARE ~OT TO BE PROVIDED, OPEP. ATED OP.
~:AINTAINED AT GEI:ERAL PUBLIC EXPE:!SE: AND,
BIND HIS/HER SUCCESSORS IM TITLE TO A];Y CO.,M.TL,.[TS MADE
UNDER 5.1.A. AMD 5.1.B. ABOVE.
5.2 £.,VI..O~ .... NTAL PROTECTION
STANDARD EAC STIPULATIONS
(ADOPTED BY FAC 4/1/87)
PETITIONER SHALL BE SUBJECT TO ORDINAr~CE 75-21 (OP. THE
TREE/VEGETATIO.~! REMOVAL ORDIMA,~ICE IN EXISTENCE AT THE TIME OF
PERMITTING) , REQUIRI~G THE ACQUISITIO:! OF A T?.EE REMOVAL
PERMIT PRIOR TO A}IY LAND CLEARING. A SITE CLEARI[;G PLA[!
SHALL BE SUBMITTED TO THE NATURAL RESOURCES MA.~AGE:~E~IT
DEPARTMEIIT FOR THEIR REVIEW AND SUBJECT TO APPP. OVAL FP. IOR TO
Ar~Y WO?.K ON THE SITE . THIS PLAN MAY BE SUBMITTED I~! PHASES
TO COI.HCIDE WITH THE DEVELOPMENT SCHEDULE. THE SITE CLEARI~!G
PLA.~! SHALL CLEARLY DEPICT HOW THE FI:.IAL LAYOUT I.~ICORPO?.ATES
F. ETAI~!ED ~;ATIVE VEGETATION TO THE MAXIMUM POSSIBLE AND HOW
P. OADS, BUILDINGS, LAKES, PAP. KI:.!G LOTS, AMD OTHER FACILITIES
HAVE BEEN OP. IENTED TO ACCOMMODATE THIS GOAL.
:!ATIVE SPECIES SHALL BE UTILIZED, WHEP. E AVAILA-ULE, TO THE
MAXIMUM EXTE}IT POSSIBLE IN THE SITE LA:.;DSCAPI!:G DESION. A
LA~tDSCAPING PLAJ4 WILL BE SUBMITTED TO THE COMMU~:iTY
DEVELOPMENT DIVISION AND THE NATURAL P. ESOUP, CES MANAGEMENT
~EPAP. TME}~T FOP. THEIF. REVIEW AND TIIEIP. APPP. OVAL. THIS PLA~!
-11-
037,,,,,:
WILL DEPICT THE INCORPOP, ATIO,~f OF ~ATIVE SPECIES A~;D THEIR ~.IX
WITH OTHER SPECIES, IF A~;Y. THE G~ L OF SITE LANDSCAPI]-.',~
SHALL BE THE RE-CREATIO:! OF ~ATIVE 'GETATIO~ A~;D HABITAT
CHARACTERISTICS LOST ON THE SITE DUF, I:';G CC:~STRUCTIO:! CR DUE
TO PAST ACTIVITIES.
ALL EXOTIC PLA};TS, AS DEFI~]ED IN THE COU~;TY CODE, SHALL 3E
REMOVED DURING EACH PHASE OF CO:~STP, UCTIC!~ FP.O.~. DEVELOFME:~T
AP, EAS, OPEN SPACE AREAS, AMD PP. ESER. VE AREAS. FOLLOWI~G SITE
DEVELOPMENT A MAINTE~;A~;CE PROGRAM SHALL BE IMPLEMEMTED TO
PY. EVE.~:T P.E-INVASIOI; OF THE SITE BY SUCH E:-[OTIC SPECIES. THIS
PLAN, WHICH WILL DESCRIBE CONTROL TECH.~!IQUES AND I.~ISPECT!O~!
i::TE?.VALS SHALL BE FILED WITH A~ID SUDJECT TO APPF, OVAL BY THE
I:ATUF. AL RESOURCES MANAGEME~;T DEPAP, TME::T AND THE CO.~IXU!:ITY
DEVELOPME::T DIVISIOI;.
IF DURI!~G THE COURSE OF SITE CLEARI}~G, EXCAVATIOI~, O?, OTHEP.
CO~STF. UCTIO~! ACTIVITIES, A~[Y ARCHAEOLOGICAL OR HISTCP. ICAL
SITE, ARTIFACT, OR OTHER I,~DICATOR IS DISCOVEP. ED, ALL
DEVELOPME~,~T AT THAT LOCATIOn! SHALL BE IMMEDIATELY STOPPED A~;D
THE ~;ATURAL RESOURCES MANAGE~.E:;T DEPARTMENT ~;OTIFIED.
DEVELOPMENT WILL BE SUSPE[~DED FOP, A SUFFICIEMT LENGTH OF TIME
TO E:~ABLE THE NATURAL RESOURCES MA~;AGEME~;T DEPART[:EHT OR A
DESIG~:ATED A CONSULTANT TO ASSESS THE FI~D AND DETERMI~;E THE
2F. OPEK COURSE OF ACTIO[! IN REGARD TO ITS SALVAGEABILITY. THE
~ATURAL RESOURCES MANAGEMENT DEPARTME.~IT SHALL RESPOND TO A}[Y
SUCH MOTIFICATION I~: A TI~ELY AMD EFFiCIEMT MA.~H[ER SO AS TO
PROVIDE A MINIMAL INTERP. UPTIOM TO A~!Y CONSTRUCTICN
ACTIVITIES.
THE CE;~TRAL XERIC SCRUB COMMU:;ITY SHALL BE MAINTAI;.IED AS A
CONSERVATION AREA, AND THUS I?:CORPOP, ATED I:~TO THE LA:IDSCAPE
CO.~.PO~E?;T OF THE SITE. THE DELINEATIO}! OF THE SCRUB OAK
HABITAT BY THE PETITIO:IER SHALL BE SUBJECT TO THE REVIEW A;.~D
APPROVAL OF NY, MD. THE SCRU-, AREA SHALL BE FE.~;CED OFF DUP.!.qG
DEVELOPMENT TO MINI~,IZE THE IMPACT OF ~:EARBY COHSTRUCTION.
PROPCSED RETE~;TION LAKE ~.2, PRESE!;TLY LOCATED IN THE XERIC
SCP. UB HABITAT, SHALL BE MOVED TO THE %?EST OF ITS CURRE:.'T
LOCATIOM. A~! ALTERNATIVE TO LAKE RELOCATIOn! WOULD BE TO
CHA.~;GE THE SHAPE OF THE LAKE, SO THAT IT LIES OUTSIDE THE
SCRUB AREA. A SUITABLE BUFFER AREA BETWE:{:! THE LAKE AMD THE
CO:;SERVATION AREA WOULD THEREFORE BE NECESSARY. THE
RETEHTIO.~! LAKES HAVE BEE~; LOCATED IN SEQUZHCE OM THE SITE TO
ALLOW FOR PP, OPER DRAINAGE FROM EAST TO NEST, WHICH IS
FACILITATED BY THE SITE TOPOGRAPHY. RELOCATIO.~ OF RETENTIOM
LAKE ~2 A SMALL DISTAMCE TO THE WEST WOULD :;OT SIG}~IFICANTLY
AFFECT THE DF, AI}IAGE SCHEME PROPOSED.
THE ACCESS ROAD THROUGH THE SCRUB COXXUMITY SHALL TRAVERSE
THE CO~SERVATIO~f AREA AT A POI?:T WHICH WILL NOT SIGNIFICAMTLY
IMPACT THE HABITAT. THE LOCATION OF THE ROAD THROUGH THE
CC?~SERVATIO~* AREA WILL 5E SUBJECT TO NR£~D REVIEW A);D
APPROVAL.
THE FLOP, IDA DEPARTMENT OF E.~VIRONMENTAL REGULATION A~;D THE
U.S. CORPS OF ENGINEERS SHALL BE COMSULTED BY THE PETITIe!:E?.
PRIOR TO SITE DEVELOPMENT ¢O:;CE?.:~I~IG THE POSSIBLE
DESIGNATION OF JURISDICTIO.~;AL WETLA!.!DS O,~f THE PROPERTY.
BOUNDAP`IE$ AROUND THE WILLOW HEAD WETLAND SHALL BE LOCATED,
A.~D SUBJECT TO NRMD REVIEW. DEVELOP.~.E:;T SHALL r~OT BE
PE?,MITTED WITHIN THE WETLA~;DS AP, EA. ADEQUATE BUFFER AREAS
SHALL BE SITUATED IN THE FRINGE WETLA~ID ZO.~!ES TO ALLOW FOP,
PP`CTECTIC:~ OF THE WETLAr:DS SYSTE.~..
A 10:1 LITTORAL SLOPE SHALL BE REQUIP,ED Or; THE LAKE SHORES
AMUTT![~G WETLAr!D A::D PRESERVE A~EAS. THE PETITIO~JEP, SHALL
ME-VEGETATE LITTORAL ZOMES WITH APPROPRIATE NATIVE SPECIES.
[~RMD P,ECOMMENDS 10:1 LITTORAL SLOPES FOP` THE RETEMTIOM LAKE
SHORES WHENEVEP, POSSIBLE.
THE FERN PRESERVE AREA SHALL BE CLEARLY MARKED AI-ID ..,~,~D QFF
PRIOR TO DEVELOPME~!T ACTIVITY, TO MIEIMIZE PCTENTIAL IMPACT
O:! THE PEP,}! COMMUr~ITY.
Lo
A~;Y GO?HEP, TORTOISES Four~D O~! THE FP,OPEMTY SHALL BE TREATED
ACCORDANCE WITH FLORIDA GAME Arid FRESH WATE~ FISH
COMMISSIOn! REGULATIONS.
5.3 WATEF. MAr~AGEMENT CONSIDEF, ATIO~;$
DETAILED SITE DRAINAGE PLANS, WHIC."! SHALL I~COF, PCP`ATE A
SINGLE WATER MANAGEMEMT SYSTEM FOP, THIS PROPEP, TY AS WELL AS
THAT PREVIOUSLY RET-ONED U~DER PETITIO:: R-84-27C, SHALL BE
SUBMITTED TO THE COUNTY ENGIIIEEP. FOP, REVIEW. NO CONSTRUCTIO~
PEP. MITS SHALL BE ISSUED U.~ILES$ A!ID U.~ITIL APPROVAL OF THE
PROPOSED CONSTRUCTIO.~ IN ACCORDANCE %~'ITH THE SUB!~.ITTED PLA~:S
IS GP, A!~TED BY T:IE COU~;TY Er~GI:~EE~.
A.~ EXCAVATION PERMIT WILL BE REQUIRED FOR THE PROPOSED LAKES
IN ACCOP`DANCE WITH COLLIER CO'SNTY OP`Di.~IANCE ~O. 80-26, AS
MAY BE AMEMDED IM THE FUTURE.
5.4 TRAFFIC
ao
THE DEVELOPER SHALL PROVIDE LEFT AMD RIGHT TURN LAMES O5!
8S7 AT THE PROJECT ENTKAMCE.
THE DEVELOPER SHALL PROVIDE ARTERIAL LEVEL STMEiT LIGHTI!:G AT
THE PROJECT El;TRANCE.
Co
THESE IMPROVEMENTS ARE CONSIDE?,ED "SITE RELATED" AS DEFIMED
I:.~ OP`DI!~A.~;CE 85-55 AND SHALL NOT BE APPLIED AS CREDITS TOWA?.9
AU'{ I:~.PACT FEES ~EQUIRED ~Y THAT O.,D_. ANC...
5.5 COUNTY UTILITIES
A.SUBJECT TO STIPULATIONS OD JOHN F. MADAJEWSKI ~EHO
DATED AUGUST 6, 1987 (COPY ATTACHED).
Fi~E DISTKICT REVIEW
A. PRIOR TO THE APPLICATION FO~ BUILDI~G PER~ITS, THE PETITION~
S){A~b D£MONST~ATE TO THE FIZZ DISTRICT THAT ADEQUATE
PRESSURE EXISTS TO PROVIDE THE :~INIHUI~ 750 GF~{ FI~E FLOW FOR
THE PROJECT.
5.7 E~:GI~:EE~ING
A. PLATTI~;G OK WAIVER OF PLATTING SHALL BE REQUIRED
ACCORDANCE WITH THE SUBDIVISION REOULATIO!:$.
B. NO EXCEPTIONS TO THE SUBDIVISION REGULATIONS WERE REQUESTED,
THEREFORE, NONE SHALL BE GRANTED.
C. THE ACCESS ROAD SHALL ALSO PROVIDE ACCESS TO THE COMMERCIAL
TRACT REZONED UNDER ORDINANCE 84-27C.
-14-
163
_.. m I
DATE:
TO:
FROM.'
RE:
August 6, 1987
Ann McKim, Planning & Zoning Director
John F. MadaJewski, Utilities Engineering Dlrector~
~etl~lon R-87-31C, Gadaleta PUD
We have revieJed the above referenced Petition and have no objection to
the rezone as requested. However, we require the following stipula-
tions as a condition to our recommendation for approval:
A) Water & Sewer
1) 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 will be tested to insure they meet Collier
County's utility 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, 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 structures within the project
the utility facilities shall be conveyed to the County, when required
by the Utilities Division, pursuant to County Ordinances and Regula-
tions in effect at the 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 co~encement of construction.
3} 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
service 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 %nd/or sewer facilities are available to
serve the project.
-!
To: Ann McKlm, Planning & Zoning Director
Page 2 ~
August 6, 1987 ..
4} It is anticipated that the County Utilities Division will ultimate-'
1y supply potable water to meet the consumptive demand and/or receive
and treat the sewage generated by this pro)eot. 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
co~nences, the Developer, at his expense, will install and operate
interim water supply and on-site treatment facilities and/or interim
on-site sewage treatment and disposal facilities adeq~/ate to meet all
requirements of the appropriate rsqulatory agencies.
5} An Agreement shall b~ 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 construction
documents for the proposed project, stating that:' '
a) 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 State and Federal standards
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.
b) 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 interim water and/or
sewage treatment facility and discontinue use of the water supply
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.
¢) Connection to thm County's off-site water and/or sewer facilities
will be made by the owners, their assigns or successors at no cost to
the County within 90 days after such facilities become available. The
cost of connection shall include, but not be limited to, all engineer-
ing design and preparation of construction documents, permitting,
modification or refitting of existing sewage pumping facilities or
construction of new master sewage pumping facilities, interconnection
with County off-site facilities, water and/or sew. r lines necessary to
make the connection(s), etc.
Tot Ann McKim, Planning & Zoning Director
· Page 3 ~C~_ .
August 6, 1987~ ~ .:..
d) At the time County off-site water and/or sewer facilities are
available for the project to connect with, the fol~owing water and/or
sewer facilities shall be conveyed to the COunty pursuant to
appropriate County Ordinances and Regulations in effect at the time:
1) All water and/or sewer faclliti%s constructed in publicly
owned rights-of-way or within utility easements required by
the County within the project limits required to make
connection with the County's off-site water and/or sewer
facllitiesl or,
2) All water and sewer facilities required to connect the
project to the County's off-sits water and/or sewer facil-
ities when the on-site water and/or sewer facilities are
constructed on private property and not required by the
County to be located within utility easements, including but
not limited to the following:
a) Main sewage lift station and force main inter-
connecting with the County sewer facilities including
all utility easements necessary;
b) 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.
e) 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 6fl-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 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.
fl All construction plans and technical specifications related to
connections to the County's off-site water and/or sewer facilities will
be submitted to the Utilities Division for review and approval prior to
co~wencement of construction.
166
To~ Ann McKlm, Planning & Zoning Director
August 6, 1987 .
g) 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.
h) The County will lease to the Developer for operation and main-
tena~ce the water distribution and/or sewage collection and trans-
mission 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, treatment and 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 water and/or sewer service agreements are negotiated
with the interim utility system serving the project.
B) Data required under County Ordinance No. 80-112 showing the avail-
ability of sewage service, must De submitted and approved by the
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 wastewater treatment
facility to be utilized, upon receipt thereof.
C] If an interim on-site wate~ 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 ares.
D) Construction and ownership of the water and sewer facilities,
including any proposed interim water and/or sewage treatment facilities,
shall be in compliance with all Utilities Division Standards, Policies,
Ordinances, Practices, etc. in effect at the time construction approval
ks requested.
E) 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.
T~: Ann McKlm, Planning & Zoning Director
August 6, 1987
F) When the County has the ability to provide sewage treatment and
disposal.services, the ~eveloper, his assigns or successors will be
responsible, to connect to these facilities at a point to be mutually
agreed upon by the County and the Developer, with the Developer
assuming all costs for the connection work to be performed.
G) Prior to approval of construction documents by the Utilities
Division, the Developer must present verification, pursuant to Chapter
367, Florida Statutes,' that the Florida Public Service Commission has
granted territorial rights to the Developer to provide sewer and/or
water service to the project until the County can provide these
services through its water and sewer facilities.
R} A water main will have to be extended to this.project, consistent
with the County's Water Master Plan to insure that the water system can
hydraulically provide a sufficient quantity of water to meet the
anticipated demands of the project. Additionally, the Utilities
Division will not be in a position to approve Certificates of Occupancy
for the project until the County's water transmission facilities to
serve North Naples have been completed and placed into service, the
system improvements and on-site water distribution facilities pre-
viously stipulated have been completed and placed into service and
satisfactory documentation has been submitted to the Utilities
Administrator verifying tht adequate fire flows exist at the project
site, as specified by the appropriate Fire Control District.
I} Section 5.5 County Utilities of the rezoning petition shall be
revised to include the above stipulations and specify the Petitioner's
acceptance of them. The draft Ordinance for the rezoning approval,
which contains the above stipulations, must be submitted to the
Utilities Division for review and approval prior to the Petition being
considered by the Board of County Commissioners.
cc~ Ne~Spagna
Z, Dr. ~eno Spa$~z, as o~ner or auchori:ed agent ~or
~87-~1¢, s~ree to the ~o~lo~in~ stlpuXatio~s requested ~y the Collier
County ?fanning Co~:~isston in Chair pubic hearing on April 2~, 1988.
a. Petitioner shall be sub~ect to'Ordinance 7~-2~ [or the tree/
vegetation removal ordinance in existence at the tine of
permitting], reRuirlng the acquisition of a tree re.oval per=it
prior to any land clearing. A site clearing plan shall be
submitted to the ~atural Resources Hanagecent Depart=eno and
the Cc:=unity Development Division for their review and
approval prior to &ny substantial york on the site. This
plan may be submitted in phases to coincide rich the
development schedule. The site clearing plan shall clearly
depict hov the final site layout incorporates retaine~ native
.... ~ege:ation Co the.ma~cfmum extent possible an~ boy roads,
butl~i:~s, lakes, parkin~ ~o:s, an~ a:her ~acilicles h~ve been
o~len:ed ~o acco:o~ace chis go~l.
b. ~a:ive species shall be u:~lized, vhere available,
m:i:um excel: possible tn :he sl:e landscaping design. A
landscaping plan ~11 be sub:i::e~ ~o :he ~a:ural Resources
Managemen: Pepar::en: and ~he Co~:~:y Developaen: D~vision
for their ~gvie~ and ~pproval, ~is plan vii1 depict the
~ncorporaCio~ of native species a=d their ~ with o=he:
species, i~ any. ~e ~oal o~ site landscaptn~ shall be the
Ts-creation o~ ultivt vegetation and habitat characteristics
los: on the site ~u:~ng construction or ~ue to pas: act:viCies.
c. ~1 exotic plants, as defined t~ the County Code, lhall be
remove~ durin8 eac~ phase o~ conlc~ct~o~ ~:oa development
areas, open ~pace areas, an~ presets areas. Foll~n~ ~ite
development a ma~tenance program ahal~ be implements& to
prevent :et~vaston oE the mite by ~uch exotic species.
pla~, which vii1 describe control techaiques aha inspection
laterals, lhall be Rile& ~ith an~ app~ove~ by the Racural
~esaurces ~nageme~: Department a~a the Coquetry Development
d. l~ during the course o~ site clearing, excavation, or other
const~ctional activities, an atchaeolo8ical or historica1
sits, artifact, or other ~ndicator is discovered,
development ac that location shall be l~edlacely ~coppe~
the ~atural Resources Hzna~tuenc Department nottf~e~.
Development will be ~uspende~ ~ot a ~u~ictent length o~ time
co e~ab~e the ~atural Resources Management Depar:memt
desi~noce~ con~ul:anc to assess the ~i~ aha dete~ne
proper course o~ action ~n regard to its salvageability.
037
~atural Ee~o=rces Management De,art:est will respond to any
such notification in a ti:ely and efficient canner so as
provide only a minimal interruption to any constructional
activities,
T~e central xeric scrub cc~:~unity shall be maintained as a
conservation area, and thus incorporated ioto the landscape
component of the eisa. Ina delinea~ion o~ the scrub oak
habitat by the petition&r shalL be sub~ect to the revie~ and
approval of N?.~D. The scrub area shall be fenced off durin~
developmen~ ~o minimize cbs impac~ of nearby co~sc~cc~on,
Proposed re~encion Lake 12, presently located in the xeric
scrub habl~at, shall be moved to the vest o~ its current
location. An alternativs to lake relocation ~ould be to
chanse the shape of the lake, so t~at it lies outside the
scab area. A suitable buffer area between the lake and the
conservation area would therefore bs necessary. The retention
lakes have been located i~ sequence on the site to allow for
proper drainage from eas~ to west, which is facilitated by the
sics topography. ~elocat~on of retention Lake ~2 a small
distance to ~he west would mot s~nificantly affec~ the
drainage scheme as proposed.
T~e access roa~ through Cbs scrub community shall traverse
ohs conservation area ac a poin~ which rill hoc significantly
impact the habitat. The location of the road through the
conservation area will bs sub~ec~ ~o ]i~.~D revie~ and approval,
T~e Florida Department of £nvironceutal Regulation and the
U.S. ~ Corps of Engineers shall be co~sulted by the
petitioner prior to site developmen= concerning the possible
designation of Jurisdictional wetlands on ~he property.
Boundaries around ~he ~illov head wetland shall be located,
end subject to N~D review. Developmen~ shall not be
permitted within the wetlands area. Adequate buffer areas
shall be situated in the fringe wetland zones to allow for
protection of the vetlands system.
J. A 10:1 littoral slope shall bs required on the lake shores
abutting wetland and prese~e areas. T~e petitioner shall
revegetate littoral zones with appropriate native species.
N~D reco~ends 10:1 littoral slopes for other retention lake
shores whenever possible.
k. The fern preserve area shall be clearly marked and fenced off
prior to development activity, to minimize potential impact on
the ~e~ co~unity.
Any gopher tortoises found on Cbt property shall be Created in
accordance with Florida Ga~s amd Fresh Water Fish Commission
regulations. ~
170
We
Detailed site drainage plans, which shall incorporate a single
water management system for this property as well as that
previously reached under Petition ~:o. E-84-27C, shall be
submitted to the County Engineer for review. ~o construcclon
permits shall be issued unless and until approval of the
proposed construction in accordance with the subr-tttsd plans
is granted by the County Engineer.
An Excavation ?et-mit vii1 be required for the proposed lakes
in accordance with Collier Count! Ordinance NO. 80-26, as
amended by Ordinance No. 83-3, and as cay be amended tn the
future.
The developer shall provide left and.right turn lanes on
887 at ch. project entrance.
The developer shall provide arterial level street lighting ac
the project entrance.
These improvements are considered "site related" as defined in
Ordinance 8~-5~ and shall not be applied as credits toward any
impact fees required by thac ordinance.
The petitioner shall comply ~lth the stipulations contained in the
Utilities memorandum dated August 6, 1987.
Prior to the application for building permits, the petitioner
shall demonstrate to the Tire District that adequate water
pressure exists to provide ch. minimum 750 GPH fire flow for
the project.
Platting or Waiver of Platting shall be required in accordance
with the Subdivision Regulations.
Ho exceptions Co thl Subdivision Regulations vere requtsted,
therefore, none shall be granted.
The access road shall also provide access to the com~ercial
tract rezoned under Ordinance 84-27C.
Revise the PUD document to include all staff stipulations.
The PUD document shall be re-foraatted to reduce the chance of
confusing sections with subsections. Specifically, the format
should reflect the following: Section I. Subsection I.
Subsection I. (i.e.: Section I.A.l.a) etc.).
Section 2.3.2, Master PIan and Land Usa. states the site is
intended to be developed with condominiums. However, Section
3.2.1A. states multi-family uses which includes rental units.
This apparent conflict should be clarified/resolved.
~ 4
Sectio~ 2.~.1, Phases 0~ Development, is eppare~cly missing
the ~crd "proje~c"'in oho £~:~c santos=cf 'I=~c~c'.cht~ or some
ocher appropriate word.
aa. Section 2.5, Development an~ ~racc[onal~zatlon of Tracts.
bb.
CC.
dd.
gg.
Replace chis Section rich the curron= standard language,
attached.
Section 2.7, Pollin~ Places, shall be scented co read as
follovs: Polling places shall b~ permitted as ~eemed
appropriate by recommendation from the Supervisor o! Elections
Co the Board of County Co=missioners in accordacce uich
Sec=ion 9.11 of =he Zoning Ordinance ~2-2.
Section 2.5, Maxi=mm Number Of ~zellin~ U~ics, shall be
amended to change the subsection number, as 2.5 is a 6uplicaCe
previously used i~ =he document. /~lC ~ U~,~
Section 2.5, Max=mum guuber Of D~e!lln= Untts.~hall be a~ended
to add the follovlng language: Tea ([0) perc,n=~oE =he
d~ellin8 units constructed within Pa:col A as sho~n on the
conceptual master plan, shall ~e developed co meac the
requirements o~ the A~forda~le Housing Section of the
Comprehensive Plan as was agreed
rezoning Petition
Section 3.2.1 shall be amended to add a ney subsection D.,
which states: Ten (I0) parceot of =he d~elliag units
constructed vi=bin Parcel A as aho~n on =he conceptual mas=ar
plan shall he developed Co meet the requirements of the
Affordable Housing Section of the Comprehensive Plan ss vas agreed
Co es a result of Che approval of rezoning Peticlon X-g&-26C.
Section 3.3.2, Permit=ed Accessory Uses and Structures. Hove
model homes to Sec=ion 3.2 =o allo~ as a princ~pal use.
O=her~ise the model homes or units could only be ~eveloped ss
an accessory use. The number o~ model homes/units should be
limited Co a maximum of & units.
Section 3.5.], DeveloomenC Standards. Clarify the setbacks
frc~= "~eripheral propercy linss". Does Chis refer Co P~
boundary lines? Provide setback requirements ~rom the
internal street and interior loc lines consistent with the
RKF-6 Discric~ (front: 35 feet; side: 15 feet; rear: 30
feet). Provide greater setbacks for structures over 3 stories
co=al. And, provide accessory structure setbacks consistent
with =he Zoning Ordinance. Also, ~slete the reference =o
signs having a 5 lee= setback, and provide ChaC parking areas,
loading areas, etc. must provide ~reater Chart 3 feet setback
if needed in order to comply with buffering requirements
around the PUD perimeter. Also provide separate setback
requirements for group, cjuster anJ patio Housing.
037 ,'.- 172
Section 3.~.4~ provid~ Gccesso~j, s~."~ct~re set~c~s'co:sis~e~
with ~he Zonin$ Ordinance.
ii.
Section 3.~.$, provide separation ~or one s~o~ structures.
Also, provide separation requ~re=ents between st~c~ures with
different heights. (1/2 the sum of :he setbacks required for each
structure based upon number of stories, e.g., 3 stor/ and two stor?
- 30 feec+ 20 feet - ~0 feet; 50 feet - 2 - 25 feec separation).
Also, provide separate separation standards for group, cjuster and
patio housing.
JJ. Section 3.5.6, IL:it to two stories cf parkia~ uederneath.
~is is consistent with Section 8.4 o~ the Zonicg Ordinance.
kk.
11.
Section 3.~.11., Minimum Landscaping Requirements, shall be
amended to add a new subsection 2. which states: The sawage
treatment plant shall be buffered in accordance with Section
$.37 of the Zonin$ Ordinance 82-2..
Section 5.[.l.B., Develo~ent Co~-~icmencs. Amend Co state
"Regulations existing when construction permits are applied
for."
Add & new subsection 3.5.13., ?trimeter Buffering, vhich sets
forth standards for buffering this project fro~ future land
uses as required in Section 7.27f.ll)(b) of the Zoning
Ordinance 82-2. Such standards should be ac least 50% of the
requirements of Section 8.37 of the Zoning Ordinance..
nn. The petitioner shall delay construction of the proJec~ until
· . County water service is available for use in this project.
, 1988.
MOTAR¥
SD.T.
}ff C0~liISSI0N EXPIRES:
~-87-31C Agreement Sheet
037,,=: 173
N
0
I, Neno J. Spagna, as owner or authorized agent for
Petition PDA-89-6, agree to the following stipulations
requested by the Collier County Planning Commission in their
public hearing on November 2, 1989.
a. Petitioner shall be subject to Ordinance 75-21 (or
the tree/vegetation removal ordinance in existence at
the time of permitting), requiring the acquisition of
a tree removal permit prior to any land clearing. A
site clearing plan shall be submitted to the Natural
Resources Management Department 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 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 speJies shall be utilized, as described below,
in the site landscaping plan. A landscape plan for
all landscaping on the development shall be submitted
to the County Landscape Architect and to a County
Environmental Specialist for their review and shall
be subject to their approval. The landscape design
shall incorporate a minimum of 60% native plants, by
number, including trees, shrubs and ground cover. At
least 60% of the trees, 60% of the shrubs, and 60% of
the ground cover shall be native species. At the
discretion 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 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
-1-
175
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 subject
to approval by the Natural Resources Management
Department and the Community Development division.
If, during the course of site clearing, excavation,
or other constructional 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.
In accordance with 7.3.5 of the Conservation Element
of the Growth Management Plan, any gopher tortoise
burrows found shall remain where they are, or if
applicable, tortoises will be relocated to a suitable
habitat as determined by Florida Game & Freshwater
fish Commission.
Parking areas will be reduced to 30 spaces. Parking
areas will be limerock, paver bricks or grass, rather
than asphalt.
The office/maintenance building will be elevated
construction to prevent a "permanent" footprint.
This stipulation is subject to approval by
Development Services Department (Planning Services
Section).
Any clearing which is otherwise approved under this
recommendation will be permitted in no case further
than 250 yards past the western most limit of the
driving tee area.
Scrub oak cjusters will remain within the 250 yards.
No transplanting will be permitted from the xeric
scrub areas nor any clearing permitted within those
scrub areas for purposes of this Amendment.
-2-
mo
Conservation area (central xeric scrub community)
shall be maintained as a conservation area.
All protected areas will be fenced during clearing
development activities.
Protected epiphytes, of in impacted area, will be
protected and/or transplanted to non-impact arias on
Ail areas designated as protected, i.e. scrub oak
habitat, buffer areas, or any other protected area
designated under the Gadeleta PUD will not be
altered, unless agreed upon by Collier County
Environmental Services Staff.
Department of Environmental Regulation and U.S. Corps
of Engineers shall be consulted by the petitioner
prior to site development concerning Jurisdictional
wetlands.
Fifty foot buffer of native vegetation along north
and south property lines will be provided.
Removal of slash pine and saw palmetto will be kept
to an absolute minimum, subject to approval of
Collier County Environmental Services sufficient to
allow golf ball in-flight visibility for the
customers of thQ driving range.
No grass or sod may be planted in the area other than
in the 20 foot wide driving tee area outside of the
xeric scrub limit and in the area denoted as putting
green on the proposed Amendment.
Collier County Environmental Services Staff to
investigate with Planning Services the relocation of
the access road to a point north of the outer limit
of the xeric scrub as denominated on the amendment.
Prior to submission of detailed construction plans,
ptitioner shall submit a water managQment plan to
Project Review Services for review and approval.
Such plan shall contain general details of proposed
water management facilities. Calculations shall be
included showing stage-storage curve, weir design and
flood routings for the project.
All stipulations as approved in Collier County
-3-
177
Ordinance No. 88-50 shall apply. Approval of
proposed interim land use shall not relieve
petitioner of any stipulations or requirements, as
approved, for the ultimate development of the PUD
property.
u. Detailed paving, grading and site drainage 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.
v. Design and construction of all improvements shall be
subject to compliance with the appropriate provisions
of the Collier County Subdivision Regulations.
w. Work within Collier County right-of-way shall meet
the requirements of Collier County Right-of-Way
Ordinance 82-91.
x. Obtain 30' drainage easement centered on ditch
running thru FP&L right-of-way. This easement shall
be dedicated to the County for the purpose of
maintaining the ditch.
y. The areas of environmental concern specified in the
PUD must be flagged in the field by Collier County
Environmental Resources staff with a resulting survey
of the delineated areas appearing on all site plans
submitted for approval.
z. All previous stipulations relating to traffic matters
shall continue to apply. However, the required
turning lanes must be in place before a certificate
of occupancy is issued.
aa. The Petitioner agrees to install a well along with an
adequate sprinkler system and water storage tank as
required by the Fire Code in order to provide
adequate fire protection for the 40' x 60' building
requested in the petition.
bb. Plans for septic installation will need to be
submitted to Collier County Public Health Unit for
necessary review and approval.
-4-
178
OF
PETITIONER~OR'A~E~T ~-
REPRESENTATIVE FOR CCPC
SF. AL
MY COM]~ISSION EXPIRES:
PDA-89-6 AGREEMENT SHEET
nb
-5-
179
STATE OF FLORIDA
COUNTY OF COLLIER
I,.JAMES C. GILES, Clerk of Courts ~n and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing As a true copy of:
Ordinance No. 89-84
whfch was adopted by the Board of County Commissioners on
the 28th day of November, 1989, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st
day of December, :989.
SAMES C. GILES"'""'
Clerk of Courts and Clerk ~
Ex-off~cio ~o Board of . .
County Commis3~oners
~~.yon -"
Deputy Clerk ......