Ordinance 88-030ORDINANCE 88- 30
AN ORDINANCE AMENDING ORDINANCE 82-2 THE COH-
PREHENSIVE ZONING PECULATIONS FOR THE UNINCOR-
PORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE ZONING ATLAS MAP NU~ER 48-25-5 BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A-2, A-2"ST" and
C-4 TO "PUD"~ PLAI~ED UNIT DEVELOPMENT, KNOWN AS
"COCOHATCHEE RIVER TRUST" FOR A 160 UNIT
HOTEL/RESTAURANT DEVELOPMENT FOR PROPERTY
LOCATED IN THE NORTI~ST QUADRAi~T OF US-4! ~
WALKERBILT ROAD, IN SECTION 21, TOWI~SHIP 48
SOUTH, RANGE 25 EAST, 8.66 ACRES~ ~ PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Wilson, Hiller, Barton, Soil & Peek, representin$
Willi~ Klohn, Trustee, petitioned the Board ~f County Co-~issioners
to thanes the Zonin$ Classification of tha herein described real
propertyl
NOW, THEREFORE BE IT ORDAINED by the Board of County
Co-~,issioners of Collier County, Florida:
SECTION ONE:
The Zoning Classification of the herein described real property
located in Section 21, To~mship 48 South, Range 25 East, Collier County,
Florida is changed from A-2, A-2"ST" and C-4 to "PUD"~Planned Unit
Development in accordance with the PUP document attached hereto as
Exhibit "l" which is incorporated herein and by reference ~ade part
hereof. The Official Zoning Atlas Map Number 48-25-5, as described
in Ordinance 82-2, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon receipt of notica
that is has be~n filed with the Secretary of State.
DATE: l~rch 15, 1988
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
x.x ~,q; GILES, CLERX ARNOLD LEE GLASS, C~AIRMAN
-. .........:...,,;,- /
~: ...' ..-~.
x '. ·
~ R.' ~BkUCE ~DERSON ~
ASSIST~T COU~ A~O~
R-87-35C Ordinance
EXHBIT
COCOHATCHEE RIVER TRUST
A PLANNED UNIT DEVELOPMENT
8.66 Acres located in SFction 21,
Township 48 South, Range 25 East,
Collier County, Florida
PREPARED BY:
WILSON, MILLER BARTON, SOLL, & PEEK, INC.
1383 AIRPORT ROAD, NORTH
NAPLES, FLORIDA 33942
MARCH, 1988
DATE SUBMITTED:
DATE AMENDED:
DATE APPROVED BY
ORDINANCE NUMBER:
-%-
TABLE OF CONTENTS
LIST OF EXHIBITS PAGE
SECTION I f
STATEMENT OF COMPLIANCE AND SHORT TITLfi .............. 1-1
SECTION II
STATEMENT OF INTENT .................................. 2-1
PROPERTY OWNERSHIP & LEGAL DESCRIPTION ...............
SECTION III
LAND USE REGULATIONS ................................ '.3-1
SECTION IV
GENERAL DEVELOPMENT COMMITMENTS ...................... 4-1
EXHIBIT A
EXHIBIT B
LIST OF EXHIBITS
P.U.D. MASTER PLAN, WMBS&P File NO. RE-163
Exhibit A
TOPOGRAPHIC AERIAL/LOCATION MAP,
WMBS&P File No. RZ-163, Exhibit B
SECTION I
STATEMENT OF COMPLIANCE AND SHORT TITLE
The purpose of this section is to express the intent of Wiiliam
Klohn, Trustee hereinafter referred to as Sponsor, to create a
P.U.D. on 8.66 acres of land located in part of Section 21,
Township 48 South, Range 25 East, Collier County, Florida. The
name of this proposed, development shall henceforth be known as
Cocohatchee River Trust. The development of Cocohatchee River
Trust as a Planned Unit Development will be in compliance with the
planning goals and objectives of Collier County as set forth in
the Comprehensive Plan. The hotel/restaurant development will be
consistent with the growth policies and land development
regulations of the Comprehensive Plan Land Use Element and other
applicable documents for the following reasons:
1. The project is compatible and complimentary to the
surrounding land uses.
2. All improvements shall be i'n compliance with all applicable
regulations.
3. There will be two sources of ingress and egress, one entrance
from Tamiami Trail North (U.S. 41) and one from Walkerbilt
Road.
4. The project will be served by a water management and
utilities system as approved by the County.
SHORT TITLE
This Ordinance shall be known and cited as the Cocohatchee River
Trust P.U.D. Ordinance.
1-1
.%.
SECTION II
STATEMENT OF INTENT
2.1 PROJECT INTENT
It is the sponsor's intention to create an aesthetically
pleasing river view hotel/restaurant project with local
character and feeling ....
2.2 P.U.D. CONCEPTUAL SITE PLAN APPROVAL
When P.U.D. conceptual site plan approval is desired or
required by this document, the following procedure shall be
followed:
a. A written request for conceptual site plan approval shall
be submitted to the Distrtict for approval. The request
shall include materials necessary to demonstrate that the
approval of the conceptual site plan will be in harmony
with the general intent and purpose of this document.
Such material may include, but is not limited to the
following, where applicable:
1) Site plans at an appropriate scale showing proposed
placement of structures on the property; provisions for
ingress and egress, off-street parking and off-street
loading areas; yards and other open spaces.
2) Plans showing proposed locations for utilities hook-up.
3) Plans.~'or screening and'buffering.
b. In the case of cjustered buildings required property
development regulations may be waived or reduced provided
a site plan iS approved under this section.
c. A fee consistent with the current fee schedule for County
Site Development Plan approval shall accompany the
application, unless a specific .fee for Conceptual Site
Plan review is adopted.
d. If approval or denial is not issued within twenty (20)
working days, the submission shall be considered
automatically approved.
2-1
2.3. SITE DEVELOPMENT PLAN APPROVAL
Site Development Plan approval, when desired or required by
this document, shall follow the procedure as outlined in th~
zoning Ordinance.
2.4.'PROPERTY OWNERSHIP
The subject property is Currently owned by Jane Geller and is
contracted to be purchased by Cocohatchee River Trust.
2.5. LEGAL DESCRIPTION
The subject property, is described as follows:
Part of the northeast 1/4 of Section 21, Township 48 South,
Range 25 East, Collier County, Florida.
(O.R. 699, page ~00)
2-2
SECTION III
LAND USE REGULATIONS
3.1. _PURPOSE
The purpose of this Section is to delineate and generally
describe the project plan of development, the respective
land uses included in the project, as well as the project
criteria.
3.2. GENERAL
Regulations for development shall be in accordance with the
contents of this document, PUD - Planned Unit Development
District and other applicable sections and parts of the
"Collier County Zoning Ordinance".
3.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected,
altered, or used, or land or water used, in whole or in
part, for other than the following:
a) Permitted Principal Uses and Structures:
1) Hotel, motel and transient lodgings.
2) £ull service restaurant/cocktail lounge.
3) Water management facilities and lakes.
Conservation and recreational facilities.
b) Permitted Accessory Uses and Structures:
1) Customary accessory uses and structures, chickee
bar, boat slips .......
2) Signs.
On-site sewage treatment facilities and essential
services, if required.
3.4.
PERMITTED MAXIMUM NUMBER OF HOTEL UNITS
One hund'r~d and sixty (160) 'hotel rooms.
Permitted maximum number of restaurant seats 180.
3-1
3.5. MINIMUM SETBACK
3.6.
From road right-of-way and P.U.D. project boundaries - 40
feet. The restaurant shall have a 50 foot setback from the'
western project boundary.
MINIMUM DISTANCE
3.7.
Between buildings or structures - 30 feet.
MAXIMUM HEIGHT OF STRUCTURES
a) Principal structures: 50'
b) Accessory structures: 25'
3.8. MINIMUM STANDARDS
Minimum standards for parking, landscaping, lighting, and
signage, and any other standards not specified herein, shall
be in conformance with applicable County standards in effect
at the time permits are sought.
3.9 PROJECT DENSITY
The total acreage of Cocohatchee River Trust is
approximately 8.66 acres. The maximum number of hotel rooms
to be built on the total acreage is 160 and the maximum
number of restaurant seats is 180.
3.10. LAKES AND RETENTION
Proposed ponds and stormwater retention areas have been
sited to permit optimum 6se of the land, increase the
efficiency of the water management system and enhance the
projects overall aesthetic character. Please refer to
Exhibit "A" - Master Site Plan for the proposed location of
ponds and retention areas. Accordingly, the setback
requirements described in Ordinance 80-26, Section SA, as
amended by Ordinance 83-3, as may be amended in the future,
may be reduced with the approval of the. Cpunty Engineer.
3.11. LANDSCAPE BUFFER
a. The western project boundary shall be buffered using a
combination of a berm and landscaping, and/or a wall and
landscaping. (This buffer to be in excess of the
standards under Sectioin 8.37 of the zoning Ordinance).
3-2
b. The eastern and southern property lines, where parking
and/or driveway areas are adjacent to neighboring
properties, shall 'be buffered in accordance with the
standards of Section 8.37 of the Zoning Ordinance.
3.12. SEWAGE TREATMENT PLANT
The sewage treatment plant shall ha'ye a S0 feet setback from
all perimeter boundaries. The STP site shall be buffered
per Section 8.37 of the Zoning Ordinance.
3.13 PLATTING
Platting or Waiver of Platting shall be required loc this
project in accordance with the Subdivision Regulations.
3-3
SECTION IV
GkNERAL DEVELOPMENT COMMITMENTS
4.1. PURPOS~
The purpose of this Section is to set forth the standards for
development of the project.
4.2. TRAFFIC IMPROVEMENTS
a. Left and right turn storage lanes if required shall be
provided at the project entrance by the developer.
be
The project shall be limited to one point of access on
U.S. 41 and it shall be in alignment with River Court on
the east side of U.S. 41.
c. The developer shall provide both northbound and
southbound left turn lanes and southbound right turn lane
at the project access on U.S. 41. Also, at such time as
required by the County or the Florida Department of
Transportation, a fair share contribution shall be made
for construction of a south bound right turn lane at
walkerbilt Road. Additionally, right-of-way along U.S.
41 shall be provided up to a width of 15 feet for
drainage, turn lane, and future roadway purposes, and as
may be necessary due to actual traffic conditions. The
Florida Department of Transportation reserves the right
to control median use and location.
d. The developer shall pr6vide a fair share contribution-
toward the capital costs of traffic signals on U.S. 41 at
the project access and at Walkerbilt Road if and when
deemed warranted by the County Engineer. The signals
shall be owned, operated and maintained by Collier
County.
The developer shall provide arterial level street
lighting at the project access at U.~. 41.
When developed, the two out parcels currently zoned C-4,
shall have no direct access to U.S. 41. They shall have
internal access from this project or from Walkerbilt
Road.
All traffic control devices used shall be in accordance
with the Manual On Uniform Traffic Control Devices
(Chapter 316.0747, Florida Statutes).
4-1
he
These improvements are considered "site related" as
defined in Ordinance 85-55 and shall not be applied as
credits toward any impact fees required by that
.ordinance.
i. In accordance with Ordinance 85-55, requiring development
... to contribute its proportionate share of funds to
accommodate the impact of proposed development and area
roads; Cocohatchee River Trust or its successors or
assigns, agrees to pay road impact fees in accordance
with the ordinance, at such time as building permits are
· requested.
If the State permits a median opening at the main
entrance on U.S. 41, the developer shall be responsible
for his fair share contribution of widening Walkerbilt
Road to 24 feet in width when deemed necessary by the
County Engineer. If the State does not permit a median
opening on U.S. 41 at the main entrance, the developer
shall be responsible for all required improvements to
Walkerbilt Road, including widening, deemed necessary by
the County Engineer for this roadway to accept the
traffic for this project.
A sidewalk shall be required along the frontage of
U.S. 41, subject to approval of FDOT, or by providing a
sidewalk easement on this property.
4.3 SOLID WASTE DISPOSAL
4.4
Arrangements and agreements shall be with the approved solid
waste disposal service to provide for solid waste collection
service to all areas of the p{oject. .-
PUD MASTER DEVELOPMENT PLAN
a. The PUD Master Plan (Wilson, Miller, Barton, Soll& Peek,
Inc. Drawing File No. RZ-163, Exhibit 'A') is an
iljustrative preliminary development plan.
b. The design criteria and layout iljustrated on the Master
Plan shall be understood as flexible so that, the final
design may satisfy the project and comply with all
applicable requirements.
c. All necessary easements, dedications, or other instruments
shall be granted to insure the continued operation and
maintenance of all service utilities.
d. Minor design changes shall be permitted subject to County
staff administrative approval·
4-2
e. Areas iljustrative as "water retention" shall be construc-
ted ponds or green areas in which as much natural foliage
as practicable shall be preserved. Such areas, lakes and
/or natural green areas, shall be of general area and
configuration as shown on the Master Plan.
4.5
UTILITIES
a. Teleph'one, power and T.V. cable service shall be made
available to all hotel units, hotel and restaurant. Ail
such utility lines shall be installed underground.
A. Water and 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 propert~ 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 task~must be
completed to the satisfaction of the Utilities Divisioff
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 Regulations 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 commencement of construction.
4-3
]) All 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 and/or sewer
facilities are available to serve the project.
4) It is anticipat~d 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 wastewater at the time development
commences, 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 adequate to meet all requirements of
the appropriate regulator~ agencies.
5) 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 construction documents for the proposed
project, stating that:
a)
b)
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 ~nd 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.
Upon connection to the County's off-site water
facilities, and/or sewer facilities, the Developer,
his assigns or successors shall abandon, dismantle
4-4
201
c;
d)
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 the 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 engineering 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 sewer lines
necessary to make the connection(s), etc.
At the time County off-site water and/or sewer
facilities are available for the project to connect
with, the following water and/or sewer facilities
shall be conveyed to the County pursuant to
appropriate County Ordinances and Regulations in
effect at the time:
1) All water and/or sewer facilities constructed
in publicly owned rights-of-way or within
utility easements required by the County within
the project limits required to make connection
with the County's off-site water and/or sewer
facilities; or,. ,
2) All water and sewer facilities required to
connect the project to the County's off-site
water and/or sewer facilities when the on-site
water and/or sewer facilities are constructed
on private property and not required by the
CountK to be located within utility easements,
including but not limited to the following:
a) Main sewage lift station and force main
interconnecting with the County sewer
facilities including all utility easements
necessary;
4-5
e)
f)
b) Water distribution facilities from the
point of connection with County's water
facilities to the master water meter
serving the project, including all utilit~
easements necessary.
The customers served on an interim basis by the
utility system constructed by the Developer shall
become customers of the County at the time when
County off-site water and/or sewer facilities are
available to serve the project and such connection
is made. Prior to connection of the project to the
County's off-site water and/or sewer facilities the
Developer, 'his assigns, or successors shall turn
over to the County a complete list of the customers
served by the interim utilities 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.
All construction plans and technical specifications
related to connections to the County's off-si~e
water and/or sewer facilities will be submitted to
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 Permits are required, pursuant to
appropriate County ~rdtnances and Regulations in-
effect at the time of Permit request. This require-
ment 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 maintenance the water distribution and/or sewage
collection and transmission system for the sum of
$10.00 per year, when such system is not connected
to the off-site water and/or sewer facilities owned
and operated by the County. Terms of the lease
shall be determined upon completion of the proposed
utility construction and prior to activation of the
water supply, treatment and distribution facilities
4-6
030 203
and/pr the sewage collection, transmission and
treatment facilities. The Lease, if reguired, shall
remain in effect until the County can provide water
and/or sewer service through its off-site facilitie~
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 availability of sewage service, must be 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 water supply, treatment and
transmission facility is utilized to serve the proposed
project, it must be properly sized to supply average and
peak day domestic demand, in addition to fire flow demand
at a rate approved by the appropriate Fire Control
District servicing the project area.
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 is requested.
E) Detailed hydraulic design reports covering the water
distribut~on and sewag~ collection and tra~smission
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.
The water distribution system to serve the project shall
be connected to the existing 12 inch water main in the
U.S. 41 rights-of-way, extended throughout the project and
looped to the existing water main in the Walkerbilt Road
rights-of-way.
The sanitary sewerage system to serve the project shall be
connected to the existing 16 inch. force main the the
U.S. 41 rights-of-way. The on-site sewage collection
system shall be designed and constructed to permit gravity
sewer service to the property line of the adjacent C-4
zoned parcels contiguous to this project. The on-site
.%.'
4-7
sewage transmission facilities shall be designed and
constructed to permit for the future connection and
handling of sewage flows from these parcels of land.
However, the initial pumps shall only be sized to serve
the property under consideration.
H) The Utilities Division will not be in a position to
approve Certificates of Occupancy for structures within
the project until the on-site and off-site sewerage
facilities and on-site water distribution facilities
previously stipulated have been 6ompleted, conveyed to the
District and placed into service and satisfactory
documentation has been submitted to the Utilities
Administrator verifying that adequate fire flows exist
within the project site, as specified by the Utilities
Division and/or the appropriate Fire Control District.
Section 4.5 - Utilities of the PUD document shall be
revised to make reference to this memorandum, by date and
specify the Petitioner's acceptance of the stipulations
contained herein. A revised copy of the PUD document and
draft Ordinance for the rezoning approval must be
submitted to the Utilities Division for review and
approval prior to the Petition being considered by the
Board of County Commissioners.
4.6 WATER MANAGEMENT
The agreed upon stipulations of the WMAB (Water Management
Advisory Board) are as follows:
a. Detailed site drainage .plans shall be submitted to the
Water'Management Director for review. No construction.
permits shall be issued unless and until approval of
the proposed construction in accordance with the
submitted plans is granted by the Director.
b. Seventy-five percent (75%) of the total number of
required parking spaces shall be constructed above the
peak stage 6f the l0 year 3 day design storm event in
accordance with Water Management Department memorandum
of September 5, 1986.
c. Water Detention Areas 'A' and 'B' shall be inter-
connected, and each shall directly receive the
proportional amount of runoff for the required water
quality treatment.
4-8
4.7 ENVIRONMENTAL
The agreed upon stipulations of the £AC (£nvironmenta%
Advisory Council) are as follows:
Petitioner shall be subject to Ordinance 75-21 [or'[he
tree/vegetation removal ordinance in existence at the
time of permittinp], 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 and the Community
Development Di'~ision for their review and approval
prior to any substantial work on the site. This plan
may be submitted in phases to coincide with the
development schedule. The site clearing plan shall
clearly depict how the final site layout incorporates
retained native vegetation to the maximum extent
possible and how roads, buildings, lakes, parking
lots, and other facilities have been oriented to
accommodate this goal.
b. Native species shall be utilized, where available, to
the maximum extent possible in the site landscaping
design. A landscaping plan will be submitted to the
Natural Resources Management Department and the
Community Development Division for their review and
approval. This plan will depict the incorporation of
native species and their mix with other species, if
any. The goal of site landscaping shall be the
re-creation of native vegetation and habitat
characteristics lost on the site during construction
or due to past activities. ~
c. All 'exotic plants, as defined in the County Code,
shall be removed'during each phase of construction
from development areas, open space areas, and preserve
areas. Following site development a maintenance
program shall be implemented to prevent reinvasion of
the site b~ such exotic species. This plan, which
will describe control techniques and inspection
intervals, shall be filed with and approved by the
Natural Resources Management Department and the
Community Development Division.
If during the course of site clearing, excavation, or
other constructional activities, an archaelogical or
historical site, artifact, or other indicator is
discovered, all development at that location shall be
4-9
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.;onstructional activities.
e. The petitioner shall be responsible to provide a
survey for the presence and distribution of protected
species, including but not limited to the gopher
tortoise (Gopherus polyphemus) and its commensal
associates; such sUrVey Shall be subject to review
and approval of NRMD. Retention or relocation of such
species (fauna and floral) shall satisfy all state
(Florida Game and Freshwater Fish Commission) and
Federal (United States Fish and Wildlife Service)
guidelines concerning those protected species, as
identified in the Florida Game and Freshwater Fish
Commission September, 1987 edition of "Official Lists
of Endangered and Potentially Endangered Fauna and
Floral in Florida".
f. Where applicable because of development, components of
plant communities shall be transplanted as landscape
components within the development (e.g., dry retention
areas, upland 'recreational area, etc.} whenever
practical and possible. Examples of species
appropriate for transplant include oaks ~Quercus
app.), wax myrtle (M_y_~_fca cerifera), palmetto (Serenoa-
repens), and rusty lyonia ~n-~ ferruginea). '~'
g. The petitioner shall produce water management designs
that will minimize upland destruction. Areas
designated for water management shall be field
adjusted and identified to minimize habitat
destruction, subject to the review and approval of
NRMD. This adjustment shall occur at the time staff
is reviewing and approving the'clearing limits.
h. Any alteration of vegetation shall be subject to the
review and approval of the NRMD and the goal of any
such vegetation modification shall be limited to
maintain the biological and ecological integrity of
the areas.
4-10
l)
For parking lots, petitioner shall investigate the use
of window pane paver bricks or alternative
semi-pervious materials in lieu of traditional asphalt
paving, to reduce the amount of impervious surfaces,'
chemical runoff, maintenance, and possibly
installation expenses. '"
During the permitting process, if docks or chickee
type structures are to be built on the Cocohatchee
River, the .EAC requires the petitioner to return for
EAC and NRMD final approval.
4.8 NORTH NAPLES FIRE DISTRICT STIPULATIONS
The District shall require fire hydrants and water
main to meet at 750 G.P.M. at 20 P.S.I. standard at
the time of construction.
4-11
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AGREEMENT
I, Alan D. Reynolds, as owner or authorized agent for Petition
R-87-35C, agree Co the following stipulations requested by the Collier
County Planning Commission in their public hearing on February 18, 1988.
a) The commercial use shall hOC exceed 8 acres and the remaining use of
the land shall be for a Preserve Open space. The actual Preserve
Area (Wetland Area) is 2.39 acres.
b) The intensity'of the commercial use shall not be increased beyond
the 8 acre commercial use.
c)
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All parking requirements, open space, building coverage, water
management, etc., must be met within the 8 acre commercial tract.
Petitioner shall be subject Co 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 and the Community
Development Division for their review and approval prior co any
substantial work on the sics. This plan may be submitted in phases
to coincide with the development schedule. The site clearing plan
shall clearly depict how cbs final sics layout incorporates retained
native vegetation co the maximum extent possible and how roads,
buildings, lakes, parking lots, and ocher facilities have been
oriented co accommodate chis goal.
Native species shall be utilized, where available, co the maximum
extent possible in the site landscaping design. A landscaping plan
will be submitted co the Natural Resources Management Department and
the Community Development Division for their review and approval.
This plan will depict the incorporation of native species and Chair
mix with ocher species, if any. Tbs goal of sics landscaping shall
be the re-creation of native vegetation and habitat characteristics
lost on the site during construction or due co past activities.
Ail exotic plants, as defined in the County Code, shall be removed
during each phase o£ construction from developmen~ areas, open space
areas, and preserve areas. Following ai~e development a maintenance
program shall be implemented co prevent reinvasion of the sics by
such exotic species. This plan, which will describe control
techniques and inspection intervals, shall be filed with and
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approved by the Natural Resources ~anagement 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 Resc,Jrces
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.
The petitioner shall be responsible to provide a survey for the
presence and distributiou of protected species, including but not
limited to the gopher tortoise (Copherus polyphemus) and its
commensal associates; such survey shall be subject to review and
approval of NRMD. Retention or relocation of such species (fauna
and floral) shall satisfy all state (Florida Game and Freshwater
Fish Commission) and Federal (United States Fish and Wildlife
Service) guidelines concerning those protected species, as identified
in the Florida Game and Freshwater Fish Commission September, 1987
edition of "Official Eist~ of Endangered and Potentially Endangered
'Fauna and Floral in Florida".
~hera applicable because of development, components of plant
communities shall be transplanted as landscape components within the
development (e.g., dry retention areas, upland recreational area,
etc.) whenever practical and possible. Examples of species
appropriate for transplant include oaks (0uercus app.), wax myrtle
(H),rica cerifera), palmetto (Set.nos rep.ns), and rusty lyonia
~Lyonia ferru~inea).
The petitioner shall produce water management designs that will
minimize upland destruction. Areas designated for water management
shall be field adjusted and identified to minimize habitat
destruction, subject to the review and approval of NP~. This
adjustment shall occur at the time staff is reviewing and approving
the clearing limits.
Any alteration of vegetation shall be subject to the review and
approval of the NRMD and the goal of any such vegetation modification
shall be l~mited to maintain the biological and ecological integrity
of the areas.
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For parking lots, petitioner shall investigate the use of window
pane paver bricks or alternative semi-pervious materials in lieu of
traditional asphalt paving to reduce the amount of impervious
surfaces, chemical runoff, maintenance, and possibly installation
expenses.
During the permitting process, if docks or chickee type structures
are to be built on the Cocohatchee River, the EAC requires the
petitioner to return for EAC and NRMD final approval.
Detailed site drainage plans shall be submitted to the Water
Management Director for review. No construction permits shall be
issued unless and until approval of the proposed construction in
accordance with the submitted plans is granted by the Director.
Seventy-five percent (75I) of the total number of required parking
spaces shall be constructed above the peak stage of the 10 year 3
day design storm event in accordance with Water Management
Department memorandum of September 5, 1986.
Water Detention Areas 'A' and 'B' shall be interconnected, and each
shall directly receive the proportional amount of runoff for the
required water quality treatment.
The project shall be limited to one point of access on U.S. 41 and
'it shall be in alignment with River Court on the east side of U.S.
41.
The developer shall provide both northbound and southbound left turn
lanes and southbound right turn lane at the project access on U.S.
41. Also, at such time as required by the County or the Florida
Department of Transportation, a fair share contribution shall be
made for construction of a south bound right turn lane at Walkerbilt
Road. Additionally, right-of-way along U.S. 41 shall be provided
up to a width of 15 feet for drainage, turn lane, and future roadway
purposes, and as may be necessary due to actual traffic conditions.
The Florida Department of Transportation reserves the right to
control median use and location.
s. The developer shall provide a fair share contribution toward the
capital costs of traffic signals on U.S. &l at the project access
and at Walkerbilt Road if and when deemed warranted by the County
Engineer. The signals shall be owned, operated and maintained by
Collier County.
t. The developer shall provide arterial level street lighting at the
project access at U.S. Il.
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When developed, the two out parcels currently zoned C-i, shall have
no direct access to U.S. &l. They shall have internal access from
this project or from Walkerbilt Road.
All traffic control devices used shall be in accordance with the
Manual On Uniform Traffic Control Devices (Chapter 316.0747, Florida
Statutes).
These improvements are considered "site related" as defined in
Ordinance 85-55 and shall not be applied as credits toward any
impact fees required by that ordinance.
The petitioner shall comply with all of the Utilities stipulations
as contained in their memo dated September 30, 1987.
The District shall require fire hydrants and water main to meet a
750 G.P.M. at 20 P.S.I. standard at the time of construction.
If the State permits a median opening at the main entrance on U.S.
41, the developer shall be responsible for his fair share
contribution of widening Walkerbilt Road to 24 feet in width when
deemed necessary by the County Engineer. If the State does not
permit a median opening on U.S. 41 at the main entrance, the
developer shall be responsible for all required improvements to
Walkerbllt Road, including widening, deemed necessary by the County
Engineer for this roadway to accept the traffic for this project.
Platting or Waiver of Platting shall be required for this project
in accordance with the Subdivision Regulations.
-A sidewalk shall be required along the frontage of U.S. 41, subject
to approval of ~DOT, or by providing a sidewalk easement on this
property.
The restaurant shall have a 50 foot setback from the western
project boundary.
The western project boundary shall be buffered using a combination
of a berm and landscaping, and/or a wall and landscaping. (This
buffer to be in excess of the standards under Section 8.37 of the
Zoning Ordinance).
The petitioner shall submit a revised site plan as described in
~12.d. of the Staff Report.
The eastern and southern property lines, where parking and/or
driveway areas are adjacent to neighboring properties, shall be
buffered in accordance with the standards of Section 8.37 of the
Zoning Ordinance.
The sewage treatment plant shall have a 50 feet setback from all
perimeter boundaries. The STP site shall be buffered per Section
8.37 of the Zoning Ordinance. ..
OF
DAY
NOTARY
SEAL
MY COHI~S$IOR EXPIRES:
R-87-35C A~reement Sheal:
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 88-30
which was adopted by the Board of County Commissioners on the
15th day of March, 1988, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of March, 1988,
JAMES C. GILES
Clerk of Courts and
Ex-officio to Board of,~'~" '.~.
County Commissioners '~'.'
By: VTrginia Magri .,, .-. L, ·
Deputy Clerk '~; "Jr, '' ...""f
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