Resolution 1985-002 (DO - Vineyards)
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May 7, 1985
DEVELOPMENT ORDER 85-.1.-
DEVELOPMENT ORDER OF THE BOARD
OF COUNTY COMHISSIONERS OF
COLLlER COUNTY. FLORIDA FOR THE
VINEYARDS PLANNED UNIT DEVELOP-
MENT LOCA1'ID IN SECTION 1.
TOWNSHIP 49 SOUTH. RANCE 25
EAST: AND SECTIONS S. 6 AND 8.
TOWNSHIP 49 SOUTH. RANG! 26
EAST. COLLlER COUNTY. FLORIDA:
WHEREAS. the Applicant. Jiay Adldn..
Agent fOT The Viney ad. ,
filed on February 16. 1984 with the County of Collier an Application for
Development Approval (ADA) of . Development of Regional Impact (DRI)
known .. The Vineyards Planned Unit Development in accordance with
Section 380.06(6), Florida Statutes; and
WHEREAS. Jimmy Adkins has obtained all necessary approvals and
conditional approvals from the various Collier County agenciea, depart-
ments, and boardr. required as a condition to Planned Unit Development
(PUD) zoning and DR! approval; and
WHEREAS. the Board of County Commissioners as the governing body ~f
the unincorporated area of Collier County having jurisdiction pursuant to
,
Chapter 380.06 is authorized and empowered to consider Applications for
Development Approval for Developments of Regional Impact, and
WHEREAS, the public notice requirements of Chapter 380 and the
Collier County Zoning Ordinance have been satisfied; and
WHEREAS. the Coastal Area Planning COllllllission has reviewed and
considered the report and recommendation of the Southwest FloTida
Regional Planning Council (SWFRPC) and held a public hearing on the ADA
on April 18. 1985; and
WHEREAS. the Board of County COllllllissioners has pa88ed Ordinance
85-1'"
which rezoned the subject property to PUD; and
WHEREAS. The Vineyards application for development approval is a180
part of an overall rezoning application by the developeT; and the
isauance of a development oTder pursuant to Chapter 380.06. FloTida
Statut.., does not constitute a waiver of any p~er. or righta regard1D&
the beuance of other development permits by the County or State; aDd
WHEREAS. on May 7. 1985. the Board of County Co.a1..ionera, at
an open public hearing in accordance with Section 380.06, Florida
Statut.., conaidered the repon and rec~endatioD8 of the SWtU'C, the
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May 7, 1985
certified record of the documentary and oral evidence presented to the
Coastal Area Planning Commission, the report and recommendations of the
Coastal Area Plannina Commission, the application for Development of
Regional Impact submitted by Jimmy Adkins, Agent, and the comments upon
the record made to this Board of County Commissioners at said meeting.
NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners,
Collier County, Florida, in a meeting assembled this 7th day of May
1985; and after full consideration of the reports, recommendations and
testimony, the Board of County Commissioners hereby finds and determines:
Section 1.
That this Resolution shall constitute the Development
Order for Collier County issued in response to the ADA filed by Jimmy
Adkins for development of a Planned Unit Development for 3071 single
family and 3907 multi-family for a total of 6978 dwelling units, 1924.5
acres with 71.00 .;cres of commercial, a 2.70 acre school site, a 4.47
acre village square and recreation and open space as well as Development
of Regional Impact. The scope of development to be permitted pursuant to
this Order includes operations described in the ADA and thp supporting
documents which by reference are made a part hereof as composite Exhibit
B.
Section 2. That Board of County Commissioners, having received the
above-referenced documents, and having received all related comments,
testimony and evidence submitted by each party and members of the general
public, finds there is substantial competent evidence to support the
following findings of fact:
A. That the real property which is the subject of the ADA is
legally described as set forth in Exhibit A, The Vineyards PUD
document, attached hereto and by reference made a part thereof.
B. The application is in accordance with Section 380.06(2b)
Florida Statutes.
C. The applicant submitted to the County an ADA and sufficiency
response known as composite Exhibit B, and by reference made a
part hereof, to the extent that they are not inconsistent with
the terms and conditions of this Order.
D. The applicant proposes the development of The Vineyards Planned
\
Unit Development for 6,978 dwelling units, 1925.4 acres. and
associated with commercial. school aite and recreation and open
space.
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May 7, 1985
'OD( 087 .,.:! E?7 The Developlllent is consistent vith the report and reco=enda-
tions of the SWFRPC.
F. The dlvelOplllent will not unreasonably interfere vith the
achievement of the objectives of the adopted State Land Devel-
oplllent Plan applicable to the area.
G. A comprehensive review of the impact generated by the develop-
ment has been conducted by the County's departments and the
SWFRPC.
H. The development is not in an area designated an area of
critical concern pursuant to the provisions of Section 380.06,
Florida Statutea, as smended.
1. The development is consistent with the land development regu-
lations of Collier County.
Section 3. Th}\t the Board of County Commissioners having made the
above findings of fact, reaches the following conclusions of law:
A. That these proceedings have been duly conducted pursuant to
applicable law and regulationa, and based upon the record in
this proceeding, the Developer and the various departments of
the County are authorized to conduct development as described
herein, subject to the conditions, restrictions and limitations
eet forth herein.
B. That the review by the County, the SWFRPC and other partici-
pating agencies and interested citizens reveals that impacts
are adequately addressed pursuant to the requirements of
Chapter 380, within the terms and conditions of this Order and
the ADA.
Section 4.
This .Board of County Cormnissioners finds _ that the
applicant has adequately addressed and satisfied those conditions set
forth by the SWFRPC in said Board's "conditional approval" of the ADA, or
agreed to the modifications approved by the Board and to any additional
conditions, restrictions and limitations set forth by the Commission as
follows:
A.
Substantial Deviations:
Retriggering of Development of
Regional Impact Process.
Further review pursuant to Chapter
380.06, may be required if a substantial deviation, as defined
in Chapter 380.06, occurs.
The applicant shall be gj,ven due
notice of, and an opportunity to be heard at any hc::'ing to
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May 7, 1985
determine whether or not a proposed change to the development
is a aubstantial deviation. Substantial deviation may occur by
failure to comply with the conditions herein, failure to follow
the plans and specifications submitted in the ADA and supple-
mentary information, or by activities which are not commenced
until after the expiration of the period of the effectiveness
of the Order.
B. The Applicant shall submit an annual report in accordance with
Section 380.06(16), on the Development of Regional Impact to
the County, the SWFRPC, the State Land Planning Agency, and
other agencies as may be appropriate, by December 31 of each
year until and including such time as all terms and conditions
of this Order are satisfied. Such report shall be submitted to
the C~ lier County Community Development Administrator who
shall, after appropriate review, submit it for review by the
Board of County COllllllhsioners.
The Board of County Commis-
sioners shall review the report for compliance with the terms
and conditions of this Order and may issue further orders and
conditions to insure compliance with the terms and conditions
of this Order. The applicant shall be notified of any Board of
County Commissioner hearing wherein such report is to be
reviewed, provided hO'olever, that receipt and review by the
Board of County COllllllissioners shall not be considered a sub-
stitute or a waiver of any terms or conditions of this Order.
The annual report shall contain:
1. The SWFRPC's monitoring forms as may be required;
2. A description of all development activity conducted
pursuant to this Order during the year immediately pre-
ceding the submission of the annual report;
3. A description of all development activities proposed to be
conducted under the terms of this Order for the year
immediately subsequent to the submission of the annual
reports;
4. A statement listing anticipated applications for develop-
ment permits, required pursuant to applicable regulations
which the applicant proposes to submit during the year
immediately following submittal of the annual report;
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May 7, 1985
5. A statement setting forth the name(a) and address(es) of
any heir, assignee or successor in interest to the
applicant in its capacity as developer of The Vineyards
Planned Unit Development.
6. A statement that all persons have received copies of the
annual report, aa required under Chapter 380.06(17).
It is the intent herein, that the foregoing requirements for
submittal of the annual report shall be in addition to and not
in lieu of any submittal requirements for an annual report as
promulgated by the State Land Planning Agency or the Southwest
Florida Regional Planning Council.
c. Southwest Florida Regional Planning Council's Recommendations
as follows:
IT IS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA REGIONAL
PLANNING COUNCIL THAT THE PROPOSED PROJECT BE APPROVED SUBJECT
TO THE FOLLOWltlG CONDITIONS:
1.
DRAINAGE/WATER QUALITY:
The applicant has proposed a
drainage system that, with minor modifications and more
extensive water quality control measures in intensive
use areas, should control regional water qU.!lntity and
quality impacts to Naples Bay.
Recommendations:
a. The drainage system for the Vineyards project shall
implement the design standards and water quality
"best management practices" outlined in the Applica-
tion for Development Approval, response to Question
22, Drainage, and in the sufficiency responses.
b. An on-going maintenance and monitoring program that
ensures regular inspection, maintenance and sampling
of the stormwater drainage system shall be imple-
mented by the applicant. or his successors, through-
out the p~oject life-time.
c. The drainage system for the "Vineyards" project shall
be modified to provide for greater detention capacity
and for more extensive water quality "Best Management
Practices" in high intensity use drainage basins
(greater than 40% impervious surface) as required by
the South Florida Wster ManaRe~ent District.
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May 7, 1985
2.
ENERGY :
The proposed project ....ould be an all electric
development and would increase the energy demands of the
Region. The applicant has committed in the ADA to provide
a variety of energy conservation measures to reduce the
impact of that increased energy demand.
Recommendations:
The follo....ing energy conservation
features shall be incorporated into the final site plans
and architecture for the Vineyards or be implemented
through appropriate deed restrictions and covenants in
order to mitigate further the energy impacts of the
proposed project.
a. Provision of bicycle/pedestrian system connecting all
land uses, to be placed along all arterial, col-
lector, and local roads within the project.
This
system is to be consistent ....ith Collier County
requirements.
b. Provision of bicycle racks or s~nrage facilities in
recreational, commercial and multi-family residential
areas.
c. Cooperation in the locating of bus stops, shelters
and other passenger and system accommodations ....hen a
transit system is developed to serve the project
area.
d. Use of energy-efficient features in window design
(e.g., shading and tinting).
e. Use of operable windows and ceiling fans.
f. Installation of energy-efficient appliances and
equipment.
g. Prohibition of deed restrictions or covenants that
would prevent or unnecessarily hamper energy con-
servation
efforts
(e. g.,
orientation,
building
clotheslines, and solar water heating systems).
h. Reduced coverage by asphalt, concrete, rock and
similar substances in streets, parking lots and other
areas to reduce local air temperatures and reflected
light and heat.
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May 7, 1985
i.
Installstion
of
energy-efficient
lighting
for
stree ts, parking areas and other interior and ex-
terior public areas.
j. Use of water closets with a maximum flush of 3.5
gallons and shower heads and faucets with a 1II8ximua
flow rate of 3.0 gallons per minute (at 60 pounds of
pressure per square inch) as specified in the Water
Conservation Act, Chapter 553.14, F.S.
k. Selection of native plants, trees and other vegeta-
tion and landscape design features that reduce
requirements for water, fertilizer, maintenance and
other needs.
1. Planting of native shade trees to provide reasonable
shade for structures, streets and parking areas.
m. Placement of trees to provide needed shaded in the
warmer months while not overly reducing the benefits
of sunl1&ht in the cooler months.
(Shade in the
summer should receive primary consideration.)
n. Planting of native shade trees for each residential
unit.
o. Orientation of structures, as possible, to reduce
solar heat gain by walls and to utilize natural
cooling effects of the wind.
p. Provision for structural shading (e.g., trellisea,
awnings and roof overhangs) wherever practical when
natural shading cannot be used effectively.
q. Inclusion of porch/patio areas in residential units.
r. Consideration by the project architectural review
committee (s) of energy conservation measures (both
those noted here and others) to assist builders and
residents in their efforts to achieve greater energy
efficiency in the development.
3.
HURRICANE EVACUATION:
(Refer to Appendix I, Section C of
the ADA). The potential for on-site public uae areas to
serve as areawide hurricane evacuation shelters would
provide a regional benefit.
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Recommendations:
a. The applicant shall use a minimum floor elevation
as required by County Codes, SFWMD, or Federal Flood
Inaurance Maps, whichever is greater.
b. The applicant shall meet with the Collier County
Disaster Preparedness officials to discuss the
potential use of the public use areas (school sites
and commercial property) for storm shelter purposes.
4.
TRANSPORTATION:
Traffic generated by the Vineyards
project, when combined with other growth in the area, will
necessitate substantial roadway improvements, if level of
service "c" conditions are to be achieved. The developer
has
commit ted
the
outlined
in
to
improvements
Section I..D.1.
a). COllllllitmcnt to construct the proportional share
improvements outlined in Section 4.v.1 shall be made
at the time that a rosd segment/intersection is found
to e)(ceed level-of-service "C".
Service level
determination shall be made by either the Collier
County Engineering Department or FOOT. To this end,
the applicant shall submit an annual monitoring
report to the Collier County Engineering Department,
the Collier County/Naples MFO, FDOT, and the South-
west Florida Regional Planning Council for review.
The first monitoring report shall be submitted at the
time of the issuance of the first certificates of
occupancy for the Vineyards.
Reports shall be
submitted annually until buildout of the project.
This report shall contain traffic counts taken at the
nccess points to the site and turning movements to
the following intersections:
1) Pine Ridge Road and Airport Road,
2) David C. Brown Highway and Oaks Boulevard
3) David C. Brown Highway and Airport Road
4) Pine Ridge Road and US 41
5) Pine Ridge Road and Livingston Road, and
6) David C. Brown Highway and Livingston Road.
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ALTERNATIVES
May 7. 1985
a. Impact Fees and/or Assessment
If Collier County adopts an Impact Fee and/or
Assessment for the improvements depicted in band c.
above, prior to project completion. this fee or
assessment may be substituted.
Payments already
made by the applicant for these improvements may b.
credited toward the overall fee.
b. Other Alternatives
It is understood that the specific conditions listed
above require commitments for payment from the
developer and iniplicit commitments for construction
from local and state agencies.
In some cases, the
improvements may not result even with applicant
commitments because of the lack of commitment by
state agencies. Therefore, Collier County is allowed
to provide alternatives to the above condition~ when
the alternatives mitigate regional rosdway impacts.
Should this alternativ~ be pursued, Collier County is
requested to solicit Councii review of the alterna-
tives prior to the Development Order being adopted.
5. WATER SUPPLY: (Refer to Appendix I, Section E)
There may be impacts on the public water supply of the
project as a result of the location of a closed landfill
and the migration of higher chloride water in response to
on-site pumping.
Additionally, there should be greater
use of surface water, rather than groundwater, to supple-
ment the treated effluent available for nonpotable water
demands.
Recotmllendations:
a. The applicant shall incorporate the use of water-
conserving pumping devi~es, as required by state law
(Chapter 553.14, F.S.).
b. The applicant shall monitor on-site water withdrawals
to document that such withdrawals will not adversely
affect on-site and adjacent wetlands and adjacent
water users.
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May 7, 1985
c. The applicant shall monitor on-8ite water withdrawals
to determine what impacts the proposed withdrawals
may cause involving the landfill and whether or not
the higher chloride water located to the northeast
of the project will migrate towards the potable
water wellfield in response to pumpage.
d. The applicant shall consider the use of surface
water, rather than groundwater. to supplement the
use of treated effluent in meeting nonpotable
demands.
6. GENERAL CONSIDERATIO~S:
In the ADA for Vineyards, numerous commitments were made
by the Applicant to mitigate the project impacts. Many
but not all of these commitments were listed in this
staff assessment.
Recommendations:
a. All commitments and impact-mitigating actions pro-
vided by the applicant within the Applications for
Development Approval (and supplementary documents)
that are not in conflict with specific conditions for
project approval outlined above are officially
adopted as conditions for approval.
b. The developer shall submit an annual report on the
development of regional impact to Collier County,
the Southwest Florida Regional Planning Council, the
Department of Community Affairs and all affected
permit agencies as required in Chapter 380.06(16).
Florida Statutes.
D. COlllDitments specified in the PUD Ordinance as set forth in
Exhibit A attached hereto and by reference made a part thereof
and as follows:
1. TRANSPORTATION:
a. The internal roadway system of the proposed project
including any needed signals and other intersection
improvements shall be constructed by the developer.
b. There will be sidewalks, walking paths and bicycle
trails throughollt the development. They will b.
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May 7, 1985
l~cated along all major roadway.. Although they are
not required to be located in the aide of all minor
and secondary roads. they will serve all residential
and common areas. The sidewalks, walking path. and
bicycle trails shall be addressed in a site plan
review at the time of tract fractionalization. Bike
paths will be separate from sidewalks along all
maj or roadways.
Bike paths shall meet the specifi-
cations and requirements of the subdivision regula-
tions in effect at the time of development.
c. Developer shall be required to provide intersection
improvements at. project access points to County
arterial and collector roadways.
The improvements
are to inclu~e signalization as warranted, turn
~anes, arterial level street lighting, and other
improvements deemed necessary by Collier County.
d. Developer shall provide a fair-share contribution
toward the capital cost of traffic signals at the
:Intersection of Airport Road and Golden Gate Boule-
vard when deemed warranted by the County Engineer.
The signals shall be owned, operated and maintained
by Collier County.
e. Developer shall provide arterial level street
lighting at all project accesses along perimeter
roadways, or shall annually reimburse the County for
doing so.
f. Developer shall improve at. the time of connection
with the internal road system, 4th Avenue SW and 5th
Avenue NW between the project boundary and Logan
Boulevard to County standards as set forth in the
Subdivision Regulations.
g. Developer shall provide a right-of-way of ISO feet
for the portion of Livingston Road within the project
and a right-of-way of 75 feet for the portion
abutting the project.
h. Developer ahall pay its fair share towarc~ the
improvement a on the following roadways:
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May 7, 1985
1) Golden Gate Boulevard from US-41 to Airport
Roadj
2) Golden Gate Boulevard from Airport Road to Isle
of Capri Road;
3) Airport Road from David C. Brown Highway to Pine
Ridge Road;
4) Livingston Road from David C. Brown Highway to
Pine Ridge Road;
5) Oaks Boulevard or Logan Boulevard from David C.
Brown Highway to Golden Gate Boulevard (see
note below);
6) Logan Boulevard from Golden Gate Boulevard to
Green Boulevard;
7) Isle of Capri Road (S.R. 951) from David C.
Brown Highway to Green Boulevard;
B) Pin~ Ridge Road from 1-75 to Isle of Capri Road;
9)
Pine Ridge Road from US-41 to Goodlette-Frank
Road;
10) David C. Brown Highway from US-41 to SR-951.
NOTE: The obligation is to share in the cost of
improving either Oaks Boulevard or Logan Boulevard
(but not both) depending upon which roadway is later
determined to become a major collector.
1. The Developer shall also pay its fair share towards the
improvements to the following intersections, to include
signalization and turn lanes:
1) Pine Ridge and Airport Road;
2) David C. Brown Highway and Oaks Boulevard;
3) David C. Brown Highway and Airport Road;
4) Pine Ridge Road and US-41;
5) Pine Ridge Road and Livingston Road;
6) David C. Brown Highway and Livingston Road.
j. The Developer's fair share shall be determined by the
percentage of level of service "c" of the improved segment
contributions by the Vineyards project, based uopn actual
traffic counts at the time level of service "c" is ex-
ceeded.
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May 7, 1985
In the event an fmpact fee is adopted by Collier County,
this fee may be substituted for the "fair share" speci-
fied. Payments previously made by the Developer shall b.
credited toward the impact fee.
2. WATER MANAGEMENT:
a) Detailed site drainage plans shall be submitted to
the Water Management Advisory Board for review on a
phase by phase basis, as outlined in the DR!. No
construction permits shall be issued unless and
until approval of the proposed construction in
accordance with the submitted plans is granted by
the Water Management Advisory Board.
b) Exravation permits will be required for the proposed
lakes in accordance with Collier County Ordinance
No. 80-26, as amended by Ordinance No. 83-3, and
as may be amend~d in the future.
c) Developer shall be responsible for the following
along its entire Airport Road (CR 31) frontage in
c.oord inn t ion wi th proposed Airport Road improvelDent
plans:
1) Construct necessary improvements to the borrow
canal along the east side of Airport Road. Such
construction to occur when the portion of the
Vineyards adjacent to Airport Road is construc-
ted or in conjunction with the adjacent Airport
Road improvement project -- whichever occurs
first.
2) Preparation of necessary additional easements
along the east side of the improved borrow
canal to allow for construction of a travelway
for use by the County's maintenance equipment.
Such easement to be 20' wide and restricted
against permanent structures; use of the ease-
ment for activities that will not interfere
with occasional County Maintenance ~~ll be
allowed.
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May 7, 1985
3) Installation of properly sized culverts at
proposed on trAnce road locations placed on the
relocated canal centerline, at such time as
driveways are intitalled.
d. As part of the proj ect' s Phase I, the Developer
shall cooperate with the County' 8 Water Management
Department in implementing the recommendations of
the "D-2" Canal Drainage System Study" dated Sep-
tember, 1984, as follows:
1) Improvements to the D-2 Canal including water
level control structures along and parallel to
1-75 from Pine Ridge Road north to the proposed
Golden Gate Boulevard:
a) Performing necessary field surveys and
preparing detailed construction plans and
specifications for use in the construction
of the proposed canal improvements and
water level control structures.
b) Providing County Staff with necessary
legal descriptions for additional mainten-
ance travelway easement along the east side
of the improved D-2 Canal. Such easement to
be 20' wide and restricted against perma-
nent structures -- uae of the easement for
activities that will not interfere with
occasional County maintenance will be
allowed. Easements to be submitted within
three months of County Approval of canal
improvements.
c) Submittal of necessary permits to appro-
priatc agencies for the proposed canal
improvements.
Such applications to be
submitted upon completion of the work
set forth in 4 d(l)(b).
d) Preparation of an agreement between Devel-
oper and County to obligate Developer
for 100% of total construction cost of the
aoaK 087 Jl~-:! 68 :
construct
proposed
diversions
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May 7, 1985
proposed canal improvements and water
alOI 087,,,r.r 69
level control structures or to construct
the referenced improvements and control
structure.
e) Performing necessary field layout surveys
during the construction phase of the
proposed improvement projects and other
assistance to County Staff as required by
the County in its inspection of the pro-
posed canal improvements and water level
control structures.
f) Construction of proposed diversion canal
presently contemplated along the north
side of proposed Pine Ridge Extension east
of 1-75:
i) Provide sufficient easements within
the project as may be necessary to
conjunction with road improvement
projects.
The Pine Ridge diversion
canal is not to be locsted immediately
adj acent to the north of Pine Ridge
Road. It is to be located within the
Vineyards project or south of Pine
Ridge Road.
If it is to be located
within the Vineyards Project, adequate
easements will be provided. If it is
to be located south of Pine Ridge Road
the
construction of
the control
structure that would have been re-
quired had it been located within the
project will be designed, constructed
and installed by the Developer.
11) Construct
or
reconstruct off-site
drainage swale along entire east
boundary as may be necessary to
protect properties in adjoinin~ Golden
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May 7, 1985
Gate Estates area from any flooding
impacts that lIIay be caused by this
project.
iU) The Public Works Department requires
that the Developer dedicate a 30 foot
wide drainage easement along tbe
north project property line (a/k/a
south right-of-way line and section
line of proposed Golden Gate Boule-
vard) between Airport-Pulling Road and
1-75 to help provide drainage design
requirements.
J. Utilities:
a) The development shall be in substantial compliance
with applicable laws and ordinances governing utility
provisions and facilities.
b) Telephone, power and television cable service shall
be made available to the site.
c) Central 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 con-
structed within platted rights-of-way or within
utility easements required by the County shall be
dedicated to the County for ownership, operation and
maintenance purposes. 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 comple-
tion of construction of water and sewer facilities
within the project the facilities will be tested to
insure they meet Collier County's minimulll require-
ments at which time they will be conveyed or trans-
ferred to the County, when required by the Utilities
Division, pursuant to appropriate County Ordinances
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May 7, 1985
and Regulations in effect at the time conveyance or
tranafer is requested, prior to being placed into
service.
d) All construction plans and technical specification.
and proposed plats, if applicable, for the proposed
water distribution and sewage collection and trans-
mission facilities must be reviewed and approved by
the Utilities Division prior to commencement of
construction.
e) All customers connecting to the water distribution
and sewage collection facilities will be customers
or 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 services 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 central water and/or sewer facil-
ities are available to serve the project. For
interim utility systems, a review of the proposed
rates and subsequent approval by the Board of County
Commissioners must be completed prior to activation
of the water and sewer facilities and servicing the
proj ect.
Rate reviews must be in full compliance
with County Ordinance No. 76-71 and 83-18 as amended,
revised or superseded.
f) It is anticipated that the County Utilities Division
will ultimately supply potable water to meet the
consumptive demand and/or receive and treat the
sewage generated by this project. Should the County
system not be in position to supply potable water to
the proj ect and/or receive the proj ect' 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 facili-
ties adequate to meet all requirements of the appro-
pr1ate regulatory agencies.
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May 7, 1985
g) An Agreement shall be entered into between the County
lInd the Owner, legally acceptable to the County.
prior to the approval of construction documents for
the proposed project, stating that:
1) The proposed water supply and on-site treatment
facilities and/or on-site wastewater treatment
and disposal facilities, if required, are to be
constructed as part of the proposed project and
must be regarded as interim; they shall be
constructed to State and Federal standards and
are to be owned, operated and maintained by the
Owner, his assigns or successors until such time
as the County's Central Water Facilities and/or
Central Sewer Facilities are available to
service the project. Prior to placing the water
treatment, supply and distribution and/or sewage
collect ion, transmission and treatment facili-
ties into service, the Developer shall submit to
the Collier County (Utility Rate and Regulation
Board) for their review and approval, a schedule
of the rates to be charged for providing pro-
cessed water and/or sewage treatment to the
project area on an interim basis until the
County's central water and/or sewer facilities
are available to serve the project.
2) Upon connection to the County's Central Water
Facilities. and/or Central Sewer Facilities,
the Owner, his assigns or auccessora 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.
3) Connection to tIle County's Central \later and/or
Sewer Facilities will be made by the Owners.
18
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their asdsns or succe..ors at no cost to the
lOOK ()~irPA~r ~.
C~unty within ninety (90) days after .uch
facilities become available.
The cost of
connection shall include, but not be limited
to. all engineering design and preparation of
con.truction documents, permitting. modification
or refitting of sewage pumping facilities,
interconnection with County central facilities,
water and/or sewer lines necessary to make the
connections, etc.
4) At the time County central water and/or sewer
facilities ~re available for the project to
connect with, the following water and/or sewer
facilities shall be conveyed to the County
pursuant to appropriate County Ordinances and
Regulations in effect at the time:
a) All water and/or sewer facilities con-
structed in publicly owntd right-of-way
or within utility essements required by
the County within the project limits and
those additional facilities required to
make connection with the County's central
water and/or sewer fscilities; or
b) All water and sewer facilities required to
connect the project to the County's central
water and/or sewer facilities 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:
i. Main sewage lift station and force
main interconnecting with the County
central
facilities
including
all
utility easements necessary;
19
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May 7, 1985
ii. Water distribution facilities frOll
the point of connection with the
county's central facilities to the
master waste meter serving the pro-
ject, including all utility easamentB
necessary.
5) The customers served on an inter1.lll basis
by the utility system constructed by the
Owners shall be customers of the County at
the time when County central 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 central water and/or sewer facili-
ties the Owner, his assigns, or successors
shall turn over to the County a complete
list of the customers serve~ by the interim
utilities system and shall not compete with
the County for the serv!.ce of the custom-
ers. The Owners shall also provide the
County with a detailed inventory of the
facilitiea served within the project and
the entity which will be responsible for
the water and/or sewer service billing for
the project.
6)
All
construction plans and technical
specifications related to connections to
the County's Central Water and/or Sewer
facilities will be submitted to the Utili-
ties Division for review and approval
prior to commencement of construction.
7) The Owners, their assigns or successors
shall agree to pay all applicable system
development chargu at the time that
Building Permits are required. pursuant to
appropriate County Ordinances and R.egula-
tiqus in effect at the time of Permit
eo~o 087 ".I':t 74
..--,._-.._--~.~...--._._.... ....,...-.... .
May 7, 1985
aOOl
087 n':t 75
request.
This requirement shall be made
known to all ptospective buyers of proper-
tin for which building permits will be
required prior to the start of building
construction.
8) The County. at its option. may lease for
operation and maintenance the water dia-
tribution and/or sewage collection and
transmission system to the project owner
or his assigns for the sum of $10.00 per
year. Terms of the lease shall be deter-
mined upon completion of the proposed
utility construction and prior to activa-
tion of the water supply, treatment and
distribution facilities and/or the sewage
collection,
transmission and treatment
facilities. The lease, H required, shall
remain in effect until the County can
provide water and/or sewer service through
its central facilities or until such time
that bulk rate water and/or sewer service
agreements are negotiated with the interim
utility system serving the project.
h) 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. The developer shall
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.
i) If an interim on-site water supply. treatment
and transmisaion facility is utilized to serve
the proposed project, it must be property sized
to supply average and peak day domestic demand.
in addition to fire flow demand at ~ rate
~
21
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May 7, 1985
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approved by the appropriate Fire Control DlI-
trict servicing the project area.
10':
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j)
When the County has the ability to provide
sewage treatment and disposal and/or water
supply and distribution services, the Vineyards
will be responsible to connect to these facili-
;< '.
ties at a point to be mutually agreed upon by
the County and the Vineyard owner, with the
Vineyarda assuming all costs for the connection
work to be performed.
k) The project's owner(s), his assigns or suc-
cessors shall negotiate in good faith with
the County for the use of treated sewage
efi~Jent with the project limits, for irrigation
purposes.
The Owner would be responsible for
providing all on-site piping and pumping facil-
it1es from the County's point of deliver)" to the
project and negotiate with the County to provide
full or partial on-site storage faci~it1es, as
rpquired by the DER, consistent with the volume
of treated wastewater to be utilized.
1) A water storage tank and repump site shall be
provided by the Owner on-site. of a size and
location to be mutually agreeable to the County
and the Vineyard's owner.
It is understood
that the Vineyards will be required to install
a water storage tank on-site if County water
facilities are not available at the time devel-
opment commences.
Should the County desire to
oversize these facilities, in anticipation of
future demands and growth when the County's
water .facilities lire available to serve the
project, the County shall negotiate 8 satis-
factory method of reimbursement to the Developer
f~"
for such oversizing.
,.
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lOOK 0821 PAGt 76
lOOK 087 me 77
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4.
Exceptions to County Subdivision Regulations:
The following exceptions to the Subdivision Regulations
shall be granted:
a) Article X, Section 19: Street name and signs shall be
approved by the County Engineer but need not meet
U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control
Devices.
Street pavement painting, striping, and
reflective edging requirements shall be subject to
county engineer approval, but need not meet standard
county requirements.
b) Article XI, Section 17.F & G: Street right-of-way and
cross-section for the road shall be as shown in the
PUD document.
c) Article XI, Section 17.H: The 1,000 feet maximum
dead-end street length requirement shall be waived.
d) Ar ticle XI, Sect ion 17. I: Back of curb radii at
street interRections shall be a Minimum of 30 feet.
e) Article XI, Section 17. K: The requirement for 100
feet tangent sections between reverse curves of
streets will be waived on local roads, provided that
collector roads shall be built to County standards.
f) Article XI, Section 21: The requirement for blank
utility casings shall be subject to county engineer-
ing approval, but need not need standard county
requirements.
g) Article XI, Section 10: The requirement for reference
markers to be placed in water valve covers is waived.
5. NATURAL RESOURCES MANAGEMENT:
a) A site clearing plan shall be submitted to the
Natural Resources Management Department and the
COllllDunity Development Division for their review and
approval prior to any substantial work on the site.
This plan may be submitted in phases to coincide with
the development schedule.
The site clearing plan
shall clearly depict how the final site layout
incorporates retained native vegetation t.:> the
23
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May 7, 1985
lIIaxilllU1ll extent possible and how roads, buildings.
lakes, parking lots and other facilities have been
oriented to accommodate this goal.
b) Native specles shall be utilized, where available. to
the maximum ~:<tent 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 speciea and their mix with other apecies, if
any. The goal of site landscaping shall be at the
re-creation of native vegetation and habitat charac-
teristics lost on the site during construction or due
LO 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 pre-
serve areas. Following site development, a mainten-
ance program shall be implemented to prevent re-
invasion of the site by such exotic species. This
plan, which will describe control techniques and
inspection intervals, shall be filed with and
approved by the Natural Resources Management Depart-
ment and the Community Development Division.
d) If, during the course of site clearing, excavation or
other constructional activities, an archaeological of
historical site, artifact or other indicator is
discovered, all development at that location shall be
immediately stopped and the Natural Resources Manage-
ment Department notified. Development will be
suspended for a sufficient length of time to enable
the Natural Resourcea Management Department or a
designated consultant to assess the find and deter-
mine the proper course of action in regard to it.
salvageability. The Natural Resource. Management
Department will respond to any .uch notification in a
aODK 087 UJ.[ 78
,o~ 087 mt 79
~
May 7, 1985
timely and efficient manner so as to provide only a
minimal interruption to any constructional activi-
ties.
e) All reserve areas shall be flagged and surveyed
prior to platting and con8truction.
f) The historic hydro-period in the cypress head shall
become the water elevation control for the lake where
the cypress head is situated.
g) Developer commits to maintain and preserve to cypress
head identified as Parcel 20 on Exhibit "A" as a
preservation area in perpetuity. Developer will us.
its best efforti to maintain and enhance the cypress
vegetation existent thereon and to prevent damage as
a result of development of adjacent residential
parcels. the Developer further commits:
1) not to apply for, seek or accept rezoning said
parcel;
2) to resolve, revegetate and otherwise mitigate
any damage to the cypress head occurring while
it has control of the Vineyards Project;
3)
that through deed restrictions or other legal
mechanisms, ensure that the commitment set forth
above run with the land and become an obligation
on future owner(s); and
4) to coordinate with the County Environmentalist
regarding the advisability of preserving the
understory in Parcel 20 and the removal of any
exotic species.
6. MISCELLANEOUS COMMITMENTS:
a) Access to the proj ect shall be restricted to those
access points shown on Exhibit "A" of the PUD docu-
ment attached hereto, provided that the location of
the accesses to commercial parcels shall be approved
by the County Engineer.
b) In the event Tract 6o-R is utilized for an int.r-
change for 1-75 prior to the development of Tract 54,
or within seven (7) years, whichever occurll la8t,
25
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May 7, 1985
Applicant agrees to provide a paTk site com~arable in
size in said development.
c) Developer has agreed to donate a site for a fire
station not to exceed 1.25 acre.. The site shall be
located on Parcel 83, or as may otherwise be agreed
between Developer and North Naples Fire Department.
Section 5. If any significant historical or aTchaeological sites or
aTtifacts are discovered during site preparation and construction, the
Bureau of Historical Sites and Propertiea, Florida Department of State
and the Natural Resources Managment Department shall be notified to
determine the importance of such discoveries, and to determine appro-
priate measures to be undertaken to insure their preservation.
Section 6. That the definitions contained in Chapter 380.06 shall
control the interpr~tat10n and construction of any terms of this
Development Order.
Section 7. That this Order shall remain in effect for a period of
fourty (40) years from the effective date of this Development Order.
Any development activity wherein plsns have been submitted to the County
for its review and approval prior to the expiration date of this Order,
may be completed, If approved. This Order may be extended by the Board
of County Commissioners on the finding of excusable delay in any proposed
development activity.
Section 8. That this Order shall be binding upon the Developer,
assignees or successors in interest.
Section 9. It is understood that any reference herein to any govern-
mental agency shall be construed to mean any future instrumentality which
may be created or designated or successor in interest to, or which
otherwise possesses any of the powers and duties of any referenced
governmental agency in existence on the effective date of this Order.
Section 10. In the event that any portion or section of this Order
is determined to be invalid, illegal, or unconstitutional by a court or
agency of competent jurisdiction, such decision shall in no manner effect
the remaining portions of this Order which shall remain in full fOTce and
effect.
Section 11. This resolution shall become effective as provided by
in.
aDDK ()~~EfAG( ~()
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May 7, 198)
087 Plt'.t 81 THEREFORE, BE IT FURnt'ER RESOLVED by the Board of Count)" Comh-
.ioners that Jimmy Adkina, being the authorized agent for the owner or
developer of the project known as The Vineyards Planned Unit Development
a. lea811y ducribed in Exhibit A. attached hereto, h hereby grantee!
local Development Order ~ and is subject to all the requirement. and'
conditions represented in the PUD Document as found in Composite Exhibit
A. and the ADA and Sufficency reaponses as found in composite Exhibit B
and as also reflected in this Development Order.
This DRI Development Order shall be deemed rendered as of the date
of transmittal for the purposes of computing the forty-five (45) day
appeal period provided under Section 380.07(2), Florida Statutes.
Certified copiu of this order are to be sent illllDediately to the
Department of Community Affairs and the Southwest Florida Regional
Planning Council.
Done in open session this 7th day of
1985.
Mav
7, 1935
BOARD OF COUNTY COMMISSIONERS
:::L1ER ~~R1DA
FREDE I K . VOSS, CHAIRMAN
~~,
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<t.' :...~:..-ATl'EST
c-.I : ~.' WILL
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SUFFICIENCY
VINEYARD DEVELOPMENT ORDER
........ .
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27
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