Ordinance 87-004ORDINANCE 8 ?- 4
AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM-
PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR-
PORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE ZONING ATLAS MAP NUMBER 50-26-2 BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A-2 TO "PUD"
PLANNED UNIT DEVELOPMENT I~OWN AS TWELVE LAKES
FOR A MAXIMUM NUMBER OF 1,310 DWELLING UNITS AND
11.25 ACP. ES OF COMMERCIAL USES FOR PROPERTY
LOCATED BETWEEN RADIO ROAD AND DAVIS BOULEVARD
APPROXIMATELY ONE MILE WEST OF THE INTERSECTION
OF DAVIS BOULEVARD AND SR-951 IN SECTION &,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, 262.33 ACRES
TOTAL; AND PROVIDING AN EFFECTIVE DATE.
~-- ~EAS, Vines and A~sociates, representing The National Trust
Compaq. y, petitioned ~he Board of Cowry Co~issioners to chanse the
Zonin~ Classification of ~he herein described real propertyl
N~ HE~FO~ BE IT O~AIN~ by the Board of County Comission~rs
of Collier County, Florida:
' SECTION ONE'. ~'
The Zoning Classification of the herein described real property
located in Section i, Township 50 South, Range 26 East, Collier
County, Florida is changed from A-2 to "PUD" Planned Unit Development
in accordance rich the PUD document attached hereto as Exhibit "l"
vhich is incorporated herein and by reference made part hereof. The
Official Zoning Atlas Map Number 50-26-2, as described in Ordinance 82-2,
is hereby amended accordingly.
SECTION T~:
This Ordinance shall become effective upon receipt of notice
that is has been filed w~th the Secretary of State.
DATE: February 10, 1987
BOARD OF COUNTY COMMISSIONERS
COLLIER COL%~TY, FLORIDA
Deputy
TO FOI~ AND LEGAL SUFFICIENCY
R, ANDERSON
ASSISTANT COUNTY ATTORNEY
R-86-7C & DRI-86-1C Ordinance
Donlto
LEE COUNTY
COLLIER COUNTY
Gener,~l Looatlo'n Map
MAP A
Golden
PROJECT
LOCATION
183.71
N
0 1 2 3 4
P' ~' j
Scale in Miles
HOLE, MONTES AND ASSOCIATES, INC
Consulttr)g Englnee~ and Surveyorl
Revlaacl 2-11-87
TWELVE LAKES
PLANNED UNIT DEVELOPMENT DOCUMENT
Prepared by
Vines & Associates, Inc.
715 Tenth Street South
Naples, Florida 339t~0
Phone: [813) 262-~16~
Date Filed: /~-I-~G
Date Approved by CAPC: I&'ll"~
Date Approved by BCC:~-/~
Ordinance Number: ~'~/- ¥
III
Iv
V
VI
VII
VIII
MAPS:
A
H
INDEX
PROPERTY OWNERSHIP AND DESCRIPTION
PROJECT DEVELCPMENT REQUIREMENTS
RESIDENTIAL DEVELOPMENT REGULATIONS
· ~OMMERCIAL DEVELOPMENT REGULATIONS
ENVIRONMENTAL REQUIREMENTS
TRAFFIC F, ENGINEERING REQUIREMENTS
UTILITIES REQUIREMENTS
WATER MANAGEMENT REQUIREMENTS
PAGE
1 to
5 to
13 to
19 to
22 to
26 to
28
29
12
18
21
25
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PROJECT LOCATION
MASTER DEVELOPMENT PLAN
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1. PURPOSE
The purpose of this S~ction Is to set forth the location and ownership
of the property, and to describe the existing conditions of the
property to be developed under the project name of: TWELVE LAKES.
1.2. LEGAL DESCRIPTION
The subject property is 262.33 acres In area.
It is described as:
That portion of the east 112 of Section ~, Township 50 S, Range 26 E,
Collier County, Florida, located north of the right-of-way for Davis
Boulevard (SR S-856) and south of the right-of-way for Radio Road (SR
S-858).
1.3. PROPERTY OWNERSHIP
Title to the subject property is currently in Land Trust # 5222, held
by The National Trust Company, P.O. Box 1857, Naples, Florida 33939-
1857. The la'nd trust constitutes a unified ownership vehicle.
Decisions regarding trust management are made by a single trustee in
accord with management guidelines approved by a majority of the trust
beneficiaries.
1.4. GENERAL DESCRIPTION OF PROPERTY AREA
The 262.33 acre tract, bounded on the north by Radio Road and on
the south by Davis Boulevard, lles one mile west of the Davis
Boulevard/SR 951 Intersection.
The property is zoned A-2, Agricultural, proposed to be rezoned
to P.U.D., Planned Unit Development. The property lies in area
"C" of the Collier County Water-Sewer District and within Collier
County Water Management District #6.
1.5, PHYSICAL DESCRIPTION
The property is relatively flat, ranging In eleva~ion fr~m Just under
12 feet to 9.5 feet above mean sea level. Lands lower than 10 feet in
elevation ara generally wetland, vegetated primarily with scattered
cypress and associated wetland plants. Ail other lands are generally
vegetated with pine and associated upland plants. The largest, wetland
area lles in the southeasterly portion of the property and abuts Davis
Boulevard.
Soil types on the property include Arzell, Broward, Charlotte,
Keri,and Sunnyland fine sands. The wetland areas occur in such
shallow depressions and have such a short hydroperiod that cypress
swamp soils have not formed.
Water Management for the Twelve Lakes project is planned to be the
lake and natural wetland detention type. Surface water discharge from
the project will pass through culverts under Davis Boulevard into the
cypress wetlands which were integral with those on the project site
prior to being separated by the construction of Davis Boulevard,
Ultimate discharge of stormwaters which exit the Twelve Lakes project
is to the Lely Outfall Canal which flows to tide water.
1.6. STATEMENT OF COMPLIANCE
Development of Twelve Lakes 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 projectts residential
commercial and associated recreational facilities will be consistent
with the growth policies and land development regulations of the
Comprehensive Plan Land Use Elements and other applicable documents
for the following reasons:
The subject property has the necessary rating points to determine
availability of adequate communit~y facilities and services in
conformance with the Collier County Comprehensive Plan.
The development will be compatible with and complimentary to the
surrounding land uses.
All improvements will be in substantial compliance with
applicable regulations.
The Master Development Plan insures a generous amount of common
open space and flexibility in design will Insure a quality living
environment for residents of the development.
The number of egress and ingress points into the project from
Radio Road and Davis Boulevard will be limited so as to minimize
the impact of traffic from the project on those two roads.
The project will be served by a complete range of aarvicea and
utilities.
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
'2.1. PURPOSE
The purpose of this Section is to set forth basic development
regulations and to generally describe the project development plan.
2.2. CENERAL
Re
Development of thls project shall be governed by the contents of
thl~ document and applicable sections of the Collier. County
Zoning Ordinance.
Be
Unless otherwise noted, the definitions of all terms shall be the
same as the definitions set forth in the Collier County Zoning
Ordinance,
2.3. PROJECT PLAN
Ao
The Master Development Plan for the project is Indicated on Map
(H) of the Application for Development Approval which ia
simultaneously filed with this PUD application. A reduced
version of the project master plan is attached at the rear of
this document. Elements of the Master' Development Plan Include:
Land Use ~Acres
Wetland Preserve ~18.1~1
Upland Park and Open Space 31.89'
Lakes 23.56
Roads 37.15
Residential sites 110.07
Commercial 11.25
Total' 262.33
Project development shall conform to the approved Master
Development Plan in general and to the alSproved Subdivision
Construction Plans.
In addition to the plan elements shown on t~a Mas~er Development
Plan, such easements and rights-of-way shall be established
within or adjacent the project slte as may be necessary or
desirable for the service, function or convenience of the
project.
The PUD Master Development Plan Is also the Subdivision Master
Plan.
2.~4. MAXIMUM PROJECT DENSITY
No more than 1,310 residential units shall be constructed within .the
Twelve Lakes project. Development of all 1,310 dwelling units would,
result in a gross project density of approximately 5 units per acre.
6
PLAN APPROVAL REC~UIREMENTS
A. PURPOSE
The project Master Plan Indicates the basic nature of development
permitted for the project as a whole, consisting of Iowrise
residential units of various types, most of which are to front on
lakes, wetlands and recreational open space, and a neighborhood
shopping center. Recreational buildings and facilities of
various kinds may be established In the recreational open space
areas, either as a part of the Initial development Improvements
or at a subsequent date. Actual development of resldentlal
units, recreation facilities, and commercial area will occur in a
ser~es of increments. The purpose of the plan approval
requirements is to provide a mechanism for the county staff to
review proposed project development increments and detailed
development plans, and to determlne if the development Increments
and the development plans comply fully with commitments
established by the PUD Document, the DRI Development Order, the
County Zoning Regulations, and all other applicable standards and
regulations.
B. FRACTIONALIZATION PLAN APPROVAL RECIUIRED FOR
RESIDENTIAL AREAS
Whenever any portion of the residential development ar~la is
to be developed by the original owner or sold for
development by others, a plan Indicating the boundaries of
the parcel to be developed or sold; its location within the
7
approved Master Development Plan; the number of units for
which the parcel is to be eligible; and the existing or
planned access to the parcel shall be submitted to and
approved by the Zoning Director prior to development or
consummation of the sale.
Prior to granting fractionallzatlon plan approval, the
Zoning Director shall insure that the ·planned fractionalized
parcel utilization conforms to the approved Master
Development Plan and that the number of units planned for
the fractionalized parcel is reasonable in'light of the
pattern of dwelling unit distribution which is Indicated by
the Master Development Plan and the total number of units
permitted by this PUD document.
SITE DEVELOPMENT PLAN APPROVAL REQUIRED
Prior to issuance of building permits fcr any project structures,
the Zoning Director shall approve a development plan for the site
in which the proposed building is to be constructed. Site
development plan approval shall only be granted by the Zoning
Director when the site plan is in substantial compliance with the
Master Development Plan, as that plan may be modified by Collier
County from time to time. Site development plan Information shall
include:
1. Boundaries and acreage of the site, and its location within
the approved Master Plan.
2. All easements and rights-of-way in and adjacent the site.
3. Location and size of all water bodies in and adjacent the
site.
u,. Boundaries of wetland preserve areas, recreational open
space, and common areas in and adjacent the site.
5. SideWalks/. bike path locations in and adjacent the site.
6. Internal property lines within the site.
7. Planned building locations= number and type of dwelling
units, size and planned use of non-residential structures.
8. Required yards, buffers, drives, parking areas, site access.
9. Boundaries between areas to be cleared and areas in which
native vegetation will be retained.
10. Such additional information as the Zoning Director may
require for determination of compliance with all applicable
standards and regulations.
De
RECORD PLAT APPROVAL REQUIREMENTS
Prior to recording of the record plat, final plans of the
required improvements shall receive the approval of the Zoning
Director and appropriate other Collier County Departments and
Officials to insure compliance with the project Master
Development Plan, the Collier County Comprehensive Plan, the
Collier County Subdivision Regulations, and platting laws of'the
State of Florida.
9
DEVELOPMENT PHASE SEQUENCE
Any proposed change in the development phase sequence indicated
on the approved Master Development Plan shall require e
determination by the Zoning Director as to whether the proposed
development sequence change constitutes a substantial deviation
to the project as provided for In Chapter 380,06 F.S,
2.6. EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS
The foliowing Subdivi~ion Regulatlohs shall be,modified:
.'.
A. Article X, Section 16: Sidewalks shall only b; required as shown
on the approved Master Development Plan.
B. Article X, Section 19: Street name signs shall be approved by
the County Engineer but need not meet the U.S.D.O;T.F.H.W.A.
Manual of Uniform Traffic Control Devices. Street pavement
painting, striping, and reflective edging requirements shall be
waived.
C. Article XI, Section 10: The requirement to Install monuments in a
typical water valve cover shall be waived.
Article XI, Section 17.F. S 17.G.: The principal project road
which meanders between Radio Road and Davis Boulevard shall meet
minor collector street standards except that the divided entryway
sections shall be approved by the County Engineer.
10'
Article XI, Section 17.H.: The 1,000 foot length dead and atreat
maxlmum shall be walved.
Fo
Article XI, Section 17.1.: The 40 foot curb radius standard may
be reduced to 30 feet for local to local and local to collector
streets.
Article XI, Section 21: The requirement for blank utility
casings shall be waived except at project entrance drives.
2.7. STREETS TO BE PUBLIC
2e8,
All platted streets wlthln the project shall be dedicated to the
public.
IMPACT FEES
The Twelve Lakes project shall be subject to all Impact fees
applicable to it at the time of project approval. In the event future
imp~:t fees are adopted to assist with school, flreo or other public
service financing, such fees shall be applicable to the Twelve Lakes
project in accord with the terms of the adopted Impact fee ordinances.
11
2,9. LAKES AND RETENTION AREAS
Water management facilities shall be only the size and depth required
to provide needed development fill~ to meet water quality needs= and
to meet governmental agency requirements. Additional project lakes
shall be permitted only if additional fill is needed on site.
Material excavated on site shall be utilized on site unless the
excavation permit authorizes excess material to be removed from the
site. Prior to authorization for rem;val of fill from the project
site, the developer shall provide the Engineerin{t Director and Zoning
Director with evidence of the impact which the off site removal will
have on the county road system, traffic patterns and public safety,
and shall'l~'e responsible ~or providing such impro~/ementk as are
required by the permit to remove material from the site.
2.10. P.U.D. DOCUMENT COMPLIANCE
Prior to commencement of the final phase, all commitments in this PUD
document shall be met by the developer. If certain commitments are to be
met during the development of the final phase, adequate provisions shall be
established to assure that all commitments are met by the developer at time
of completion of this project. The entity to be responsible for
maintenance of various facilities/lakes/preservation areas/etc., shall be
established prior to commencement of the final phase.
12
SECTION III
,3.1. PURPOSE
RESIDENTIAL DEVELOPMENT REGULATIONS
The purpose of thls Section is to set forth residential development
regulations applicable to the Twelve Lakes project.
· 3.2. USES PERMITTED
No buildi[~g or structure, or part thereof, shall be erect, ed, altered
or used, or land used, in whole or part, for other than the following:
A. Principal Uses:
1. Single family detached dwellings
2. Single family attached dwellings
3. Single family zero Iotline dwellings
Multiple family dwellings
5. Group housing and cjuste~ housing
Accessory Uses:
Accessory uses and structures: customary in single and
multiple family ~esidential projects, including recreational
buildings, equipment, and associated facilities.
13
Project sales and administrative offices° which may occur in
residential or recreational build~ngs,
e
Model dwellings, during the period of project development
and sales. Model dwellings shall be converted to permanent
residences at the end of a two year period unless otherwise
specifically approved by the Zoning Director.
Signs as permitted by the Collier County Zoning Ordinance in
effect at the time permits are requested.
Temporary sewage treatment facilities in the area indicated
'~on the project master plan. Such temporary ~acillties may
serve the project until public or other offsite sewerage
service is available. The sewage treatment plan and all
associated facilities shall be set back a minimum of 50 feet
from the tract boundaries= buffers shall be provided as
required in Section 3.11.
At the option of the Collier CoUnty Supervisor of Elections,
any community recreation building within the project may be
utilized as a polling place during general or special
elections.
3.3. MAXIMUM DWELLING UNITS
A maximum of 1,310 dwelling units may be constructed.
MINIMUM LOT AREA
Ae
Single family detached and zero Iotllne dwellings: 6,000 square
feet
B. Attached single family dwellings: 5.000 square feet per dwelling
unit
C. Garden apartments: 3,000 square feet for each dwelling unit,
3.5, MINIMUM LOT WIDTH
A. Single family detached and zero Iot~ine lots: 50 feet
B. Attached ~ingle family dwelling sites: I~0 feet pe¢ single story
dwelling unit; 25 feet per two story dwelling unit,
C. Garden apartments: 35 feet per ground floor dwelling unit
3.6. MINIMUM YARD REQUIREMENTS
Single family detached or attached residential structures
Front Yard: 25 feet
Side Yard: 7 1/2 feet
Rear Yard: 20 feet
,oo, 026- ,, 19
Zero Iotllne residences ~
Front Yard: 25 feet
Side Yard: none on one side, 15 feet on the other side
Rear Yard: 20 fe~t
Garden apartments
Front Yard: 25 feet
Side Yard: 10 feet
Rea'r Yard: 20 feet
D. Recreational structures within recreation and (~pen space
lands: 25 feet from the recreation site boundary.
3.7. GROUP HOUSING AND CjustER HOUSING:
Upon approval of a Site Development Plan as provided for in 2.5.C.,
the Zoning Director may permit group housing and cjuster housing
projects with a common architectural theme to vary from the
conventionally required minimum lot area, minimum lot width and
minimum yard requirement standards. Prior to approval of group
housing or cjuster housing site development plans, the Zoning Director
shall insure that the plans are appropriate for and compatible with
the surrounding area, and that the basic intent of the PUD standards
are complied with.
16'
3.8, MINIMUM FLOOR AREA:
A. Dwelling units within Tracts IV A and V A as shown on the Master
Development Plan: 600 square feet
Dwelling units wi'thin Tracts I A, III A, and III B as shown on
the Master .Development Plan: 900 square feet
C. All other dwelling units: 750 square feat.
3.9. MAXIMUM HEIGHT:
2 stories
3.10. OFFSTREET PARKING REQUIREMENTS/DRIVEWAY REQUIREMENTS:
A. 2 spaces per dwelling unit
Drives serving dwellings which abut the collector road shall be
arranged in a manner so as not to require vehicles to be backed
into the right-of-way, and shall be Interconnected in a manner
which results in no closer spacing of driveway/ collector road
intersections than one entry/exit drive per 200 feet along each
side of the collector road, unless practical difficulties warrant
approval of closer spacing by the Engineering Department.
17
3.11. SPECIAL BUFFER REQUIREMENTS:
Re
Residential sites which abut Davis Boulevard or Radio Road shall,
In addition to the required 20 foot rear yard, have an additional
40 feet of rear yard in which a dense planting screen, wall or
other buffer shall be established. Detailed buffer plans shall be
submitted to and approved by the :ounty prior to or in
conjunction with the submission of development site plans for
residential properties abutting' Davis Boulevard or Radio Road.
The required buffers shall be Installed by..'.the oWner of the
properties abutting Davis Boulevard and Radio' Road, whether that
owner be the project developer or his successor in title, but
prior,to the issue of certlfi~ates of occupancy for dwellings on
sites which abut Davis Boulevard or Radio Road the buffer ahall
be in place on those sites.
A 15 foot buffer strip shall be established along the edgea of
the temporary sewage treatment plant site which abut Radio Ro. ad;
residential development sites: or an exterior property line.
Plans for this buffer strip, comprised of landscaping, fencing,
and/or other visual screening, shall provide for a buffer which
i~ at least 80% opaque. Buffer plans shall be incorporated in the
temporary sewage plant development s'Ite plan which ahall be
approved by the Zoning Director and NRMD prior to development of
the temporary plant facility.
18
SECTION IV
COMMERCIAL DEVELOPMENT REGULATIONS
4.1. PURPOSE
The purpose of this Section Is to set forth commercial development
regulations applicable to the Twelve Lakes project.
4.2, USES PERMITTED
No building or structure, or part ther.eof, shall be erected, altered,
or ur. ed;'br land used in whole or part, for' other than the following:
A. Principal Uses:
A neighborhood shopping center, which shall Include a supermarket
es its major tenant. The shopping center may also include a
drugstore and smaller retail shops which offer a variety of
consumer goods, financial institutions, offices, clinics,
personal service establishments, laundry and dry cleaning, post
office, and such other uses as are determined by the Zoning
Director to be c.ustomary and appropriate in neighborhood shopping
centers.
19
B. Accessory Uses:
1. Customary accessor~ uses and structures.
Signs as permitted by the Collier County Zoning Ordinance in
effect at the time permits are requested.
q.3. DEVELOPMENT* STANDARDS
A. Perimeter Setbacks
That portion of the site which abuts · street right-of-way
or commercially zoned land:
10 feet to the nearest paved drive or parking space:
35 feet to the nearest principal structure
Be
e
That portion of the site which abuts residentially zoned
lands: '25 feet to the nearest paved drive or parking space;
50 feet to the nearest principal structure.
Maximum Height: 30 feet above the finished grade of the lot
Required Landscape Buffer Area: When abutting residentially
zoned property, as required by the Collier County Zoning
Ordinance in effect et the time permits are requested.
20'
De
Merchandise Stora~je and Display:
storage or display of merchandise·
There shall be no outside
EJ
Development Plan Approval: Prior to development of all or any
portion of the shopping center site, site development plan
approval shall be obtained from the Zoning Director in accord
with 2.5.C.,and 'entry/exit drives which connect the shopping
center drive syste~n to external streets shall be approved by the
County Transportation Department.
One access drive shall connect to the Twelve Lakes entrance
drive. An additional access drive connecting to Davis Boulevard
may .he approved, but may be limited in nature (i.e. right turn
in, right turn out) for traffic safety reasons.
Prior to grant of site development plan approval, in addition to
determination that all applicable development design standards
have been met, the supermarket which is to be the major tenant of
the neighborhood shopping center shall be Identified and the
shopping center development sponsor shall commit to the date by
which construction of the supermarket and the associated
commercial buildings is to be initiated, and shall Identify the
boundaries of the primary market area' expected to be served by
the neighborhood shopping center.
21
SECTION V
ENVI RONMENTAL REQUIREMENTS
5.1. PURPOSE
The purpose of this Section is to set ,forth the requirements
established by the Environmental Advisory Council, The
development of the project, shall be aubject to these
requirements:
5.2. SITE CLEARING
Development of the project will be sub;act to the County. Tree Removal
Ordinance in existence at the time of permitting. A site clearing plan
shall be submitted to the Natural Resources Management Department 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
development plan 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.
Prior to preparation of a detailed site development plan in accord
with Section 2.5.C., a conceptual clearing plan must be submitted' to
NRMD for review. The purpose of this submission is to permit NRMD to
assist the developer in maximizing the retention of native plant
material and wildlife habitat.
22 .
5,3o NATIVE PLANT SPECIES UTILIZATION
Native species shall be utilized, where available, to the maximum
extent possible in site landscaping. Landscaping plans shall be
submitted to the Natural Resources Management Department for review
and approval, and shall apply with applicable regulations. Landscape
plans shall identify native plant species as well as other species, if
any. A goal of site landscaping shall be the recreation of native
vegetation and habitat characteristics lost on the site during
construction or due to past activities.
5.4. EXOTIC .PLANT REMOVAL
All exotic plants, as defined by County ordinance, shall ba removed
during each phase of construction from development areas, open space
areas, and preserve areas. Following site development, · maintenance
program shall be implemented to prevent reinvasion of the site by
exotic plants. A plan describing removal and control techniques, and
inspection intervals, shall be filed with and approved by the Natural
Resources Management Department.
I
5.5. ARCHAEOLOGICAL AND HISTORICAL SITES
If d.uring the course of site clearing, excavation, or other
construction activities, an archaeological or historical site,
artifacts, or other indicator is discovered, all construction at that
location shall be immediately stopped and the Natural Resources
23
5,6,
Management Department notified. Development will be suspended for ·
sufficient length of tlmo to enable the N~tural Resources Management
Department or a designated consultant to assess the find and determine
the proper course of action in regard to its salvage ability. 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 construction activities.
RED-COCKADED WOODPECKER SURVEY
Prior to site clearing, a survey shall be conducted ,to verify the
presence or' absence of the red-cockaded woodpecker. If woodpeckers
are found nesting within the parcel, the petitioner shall avoid
disturbance of the nest tree area, and shall satisfy all state
(Florida Game and Fresh Water Fish Commission) and federal .(U.S. Fish
and Wildlife Service) stipulations concerning the protected species.
5.7. SURFACE WATER TO WETLANDS
Water management plans should promote stormwater runoff being
channeled to and retained within wetland preserves.
5.8. ADMINISTRATIVE PROCEDURE
Adherence to the above stipulations shall occur through mutual
agreement between NRMD and project representatives. If mutual
agreements cannot be reached, the matter will be brought before the
EAC or whatew~ county environmental review board is in power at the
2~
time of disputes, which board shall arbitrate the dispute. If
arbitration is futile, the dispute will be brought before the Board of'
County Commissioners who shall act as the final arbitratoe,
.25
SECTION VI
TRAFFIC AND ENGINEERING REQUIREMENTS
6.1. PURPOSE
The purpose of this Section is to set forth the traffic Improvement
requirements which the project developer must undertake as an Integral
part of the project development.
A. The developer shall provide fair share contributions toward the
capital cost of traffic signals at the project entrances on Radio
Road*land on Davis Boulevard when deemed ~/arranted by the County
Engineer. The signals shall be owned, operated and malntained by
Colller County.
The developer shall provide between 20 and 35 feet of additional
right-of-way (The exact amount to be determined when right-of-way
permits are applied for) along the south side of Radio Road and
the north side of Davis Boulevard for drainage Improvements,
bike paths and appropriate turn lanes to serve the project.
Subject to FDOT approval, the developer shall provide a sidewalk/
bike path within the Davis Boulevard and Radio Road right-o.f-way
and abutting the property. If existing right-of-way is not
adequate for construction of said sidewalk/bike path, es
determined by the County Engineer and/or FDOT, the developer, his
26
successors or his assigns shall provide such right-of-way or
easement as is necessary. Sidewalk/ bike path will not be
required until a sidewalk/ bike path network Is existing end
provides pedestrian/bicycle transportation to useful placee
within the area as determined by the County Englneer.
Construction of the sidewalkl bike path will not be required by
the developer if'it is constructed as part of public works
improvements to D~vis Boulevard or Radio Road. Prior to approval
of the final phase of construction, if the sidewalk/bike paths
have not been constructed, the developer shall provide the
necessary rights-of-way or easements and, at his option,
construct the sidewalk/ bike paths, or post a bond in the amount
deem. e,d necessary by the County Engineer to Insure the
sidewalk/bike paths will be constructed, or make payment to the
County for the cost of sidewalk/bike path Improvements at the
current cost of construction as determined by the County
Engineer. If the latter is chosen the County would then be
responsible for construction as part of a Countywide program.
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.
27
SECTION VII
UTILITIES REQUIREMENTS
7.1. PURPOSE
The purpose of this Section is to set forth the utilities requirements
which the project developer is comn~ltted to meet..
7.2. WATER AND SEWER
The April~8, 1986 five page memorandum from JoEn F. Madajewski,
Utilities Er{gineering Director to Ann McKlm, Planning Department RE:
Petition R-86-7C (DRI 86-1C)- Twelve Lakes contains standard county
Utilities Department stipulations regarding the Installation of water
and sewer facilities. The content of this memorandum is agreed to by
the Petitioner, and the memorandum is attached as an Exhibit to this
P.U.D. document. With respect to the memorandum's Paragraph G which
deals with the utilization of treated sewage effluent for Irrigation
and potentially for fire flow purposes, it is recognized that the
county has not yet determined whether the Twelve Lakes project will be
selected as a treated effluent receiving area. Accordingly,
commitment has been made In the Twelve Lakes Application for
Development Approval that, prior to the preparation of definitive
irrigation plans for the Twelve Lakes project, appropriate Input from
the county will be obtained to insure that applicable county effluent
use plans are complied with.
28
SECTION VIii
WATER MANAGEMENT REQUIREMENTS
8.1. PURPOSE
The purpose of this Section is to sat forth the raquiremanta
established by the Weter Management Advlsor~ Board, which requirementl
shall be met by the project developer.
8,2,
,REQUIREMENTS:
A. Detailed site drainage plans shall be submitted to the County
. Engineer 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 County
Engineer. The N.M.R.D. shall review site drainacje plans and
provide comment to the Engineering Department
B. An Excavation Permit 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 amended in the future.
Ann ~cKim Plannin
)art
Re: Petition R-86-7C (DRI 86-10) - Twelve Lakes
We have reviewed the above referenced Petition and have no obJgccion to
rim cezone a~ requested. Ilowever, we require the following stipulations
;,~.; a ,:,)ndicion co our recommendation for approval:
A) N;,t,'-r & Sewer
1) Water distribution and sewage collection and tcansmteelon
systems will be constructed throushouc tho pcoJeet development by the
developer pursuant to all current requirements oi Collier Cobnty and the
State o~ ~lorida.. Water and sewer facilities constructed within platted
rights-of-~ay or ~ith±n utility easements required b~ the County shall be
conveyed to the County for o~nership~ operation and maintenance purpoaas
pursuant to appropriate County Ordinances and resulattons in affect at
the time o~ conveyance. Ill water and sewer £acilitiss constructed on
private property and not required by the County.to be. located within
utility easements shall b,: owned, operated and ~tntained by the
Developer, his assi§ns 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 casks must be completed Co the satisfaction 'of the Utilities
Di'~iston prior to 91~cip. g any utility fscilittes, County c~med or.
privately ovned, into sec]ice. Upon completion o~ the va~er and/or
se~er facilities ~nd prior co the issuanc*e of Certificates el Occupancy
for structures vichin the project the utility facilities shall be con-
veyed Co the County, ~hen required by the Utilities Division, pursuant
co County Ordinances and Regulations tn effect aC Cbs time conveyance ts
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.
3) All customers .connecttn~ to the water distribution and sewage
collection facilities will be customers of tbs County and will bs billed
by ~he County in accordance with the County's established rates. Should
the County not be in a position to provide water and/or sawer service to .
the project,, the water and/o~ ,3e~;ar customers shall be customers of the "
interim utility established Co serva fha project until the County's
off-site water and/or sever facilities ara available co ~a~va the
project. .
F~IM AP/ IOO/-L
~J
To: Ann HcKim,.Plannin~ Dap=. .. '
April 8, 1986
~) IC is anticipated chac the County Utilities Division will ultimately
supply potable vater to meeC 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 co the project and/or
receive the project's wascewater ac Cbs time development commences, the
~).:'.,c]..p~', at his expense, will install and operate interim water supply
:,~,.I ,,,~-:~:[te treatment £acili~ies and/or interim on-site sewage Craacmen~
and disposal facilities adequate ~o meet all requirements of the
a~propriate regulatory agencies.
$) Au Agreement shall ba entered in~o between ~he County a~d the
Developer, binding on the Developer, his assigns or successors, legally
acceptable to the County, prior to the approval of cons~ruc~ibn documents
for the proposed project, stating that:
a) The proposed water supply and on-site ~reatment facili~ies and/or
on-site wasuewater treatment and disposal facilities, if required, are to
be constructed as part of the proposed proJec~ and mus~ be regarded aa
innerim; they shall be constructed to State and Federal s~andards and
ar~ ~o be'owned, operated ~nd maintained by the Developer, his assigns or
successors ~nuil such time as the County's off-si~e w~er facilities
and/or of£-sita sewer facilities are available ~o service ~he project.
The interim treatment facilities shall :supply services only Co Chose
lands owned by the Developer and approved by the County ~or developmenz.
THe utility faciliCy(ies) may no~'be expanded ~o provide water and/or
· sewer service outside ~he devalopmen~ boundary approved By ~be County..
without the written consen~ of the County.
b) Upon connection to the County's off-siCs water facilities, and/o~
sewer facilities, ~he Developer, his assigns or successors shall abandon,
dismantle and remove from the site the interim wa~er and/or sewage
treacmcnc facility and discontinue use of the water supply source, if
applicable, in a manner consistent wi~h State of Florida s~andards.
Ail work related with this activity shall be performed a~ no cos~ to the
County.
c) 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 Co the '
County within ~0 days after such facilities become available. The cost
o£ connection shall include, buC nec be limited 2o, all engineerinz
design and preparation of construction documents, permitting, modifica-
tion or refitting of exiscin~ sewage pumping facilities or construction
of new master sewage pumpin~ facilities, interconnec~ion wi~h County
o££-site facilities, wa~er and/or sewer lines necessary ~o make ~h, .
connection(s), ate. '~'
To: Ann McKim, Plann~g Department
April 8, 1986
d) At the time County off-site water and/o~ sewer facilities are
a~ailable for the project to connect with, the following water and/or
sewer facilities shall be conveyed to the County pursuant Co appropriate
County Ordinances and Regulations in effect at the time:
]) Ail water and/or sewer fncilities constructed in publicly
.wucd rights-of-way or wit:hin utility easements required by the
Cmmty within the. project limits required tO make connection
with the Couuty's off-site water and/or se~er facilities; Or,
2) All water and sewer facilities required to connect the
project co the County's off-sics water and/or sewer £scill~iee
when the on-site water and/or sawer facilities are constructed
on private property, and not required by. the County to be
located within u~ility easements, including'?u~ not limited Co
=he following:
a) Main sewage lift station and force main in=er-
connecting with the County sewer facilities including
all utility easements necessary;
b~ ~ Water distribution facilities fro~ Cbs 'point of
connection with the County's water facilities Co 'the
master water meter serving the project, including all
utility easements neceaaaryo
e) The customers served on an interim basis by the utility system
constructed by the Developer shall b~come customers of the County aC the
time when County off-site water and/or sewer facilities ara available to
· serve the project and such connection is-made. Prior to connection of
the project to the County's off-sits water and/or sawer facilities the
Developer, his assigns, or successors shall turn over ~o the County a
complete list of the customers served by the interim u~llities 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.
f) All construction plans and technical specifications related Co
connections to the County's off-site water and/or sewer facilities will
be submit~ed Co the Utili~iea Division for review and approval prio~ CO
commencemen~ of construction.
To: ~n HaKe, Planning Depar~en= .. . '
April 8, 1986
g) ~e Developer, his assigns or successors agree to pay all systec
.development charges at the sims that Building Pe~i=s are required,
pursuant co appropriate County Ordinances and Regulations in effect at
the time of Pe~iC request. This requircment shall be made kno~ to all
pronpeccive buyers of propertics for which building pe~ics will bs
· r,~,'lUlrcd .prior to th~ scare of buildin~ construction.
It) Thc Com~y will ]efl~e to ~he Developer for opera=ion and maintenance
(:ha ~accr discr/l,uCion a~d/or sewage collection, and sransmiasion system
for aha sum of $10.00 p~r year, when such system ia nsc connected to the
off-stoa water and/or sewer facilities owned and operated by the Counsy.
Terms of ChQ 1essa shall be deCe~mined upon comple~ion of the propose/
utility construction end prior co activation of the water supply,
sren:mcnc and disuribusion facilicios and/or she sewage collection,
transmission and treacmenS facilities. The Leasa, if required, shall
remain in effect until she County can provide water and/or sewer service
chrouah ics off-site facili=ies .or uncil such time that bulk rate water
and/or sewer service agreements are negotiated with the interim utility
system serving the project.
B) DaCe required under County Ordinance No. 80-112 showing the avail-
abiliuy of sewage service, must be submitted and approved by the
Ucilicies Division prior so approval of che construction documents for
sh~ project. Submi: a copy of the approved DER permits for the sewago
colleculon and uransmission sysuems and the wastewater treatment facility
to be uuilized, upon receipt thereof. ..
C) If an interim on-sire wa=er supply, creasment and transmission
facility is utilized to serve She proposed project, it must be properly
sized ~o Supply avera§e and peak day domes=ic demand, in addition to fire
flow demand ac a rase approved by =he appropriate Fire Control District
servicing she project area.
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 8:andarde, Policies,
'Ordinances, Practices, etc. in effect at the time construction approval
is requessed.
E) Desailed hydraulic design reporss covering the water distribg~ion and
sewage collection and transmission sysComs to serve the project must bo
submitted wish ~he construction documents for ~ha project. The reports
shall lis~ .all design assumptions, demand razes and o~her .fAczo=s '
pertinent co cha system under consideration.
,oo 026:,'., 37
To~ Ann M¢~m
Page~ ~~ "
April 8, 1986~
F) ~en the County has the ability to provide sewage treatment and
disposal services, the Developer, his assigns or succ&ssors will be
responsible to connect to these facilities at a point to be established
by the County, with the Developer assuming all costs for the connection
work to be performed.
.;) Thc project's Developer, his assigns or successors shall construct and
uti] i;,.: an on-site secondary distribution system for the use of treated
:;.:,~:,::~ effluent within the project limits, for irrigation purposes and
[mt,mtially for fire flow purposes. Tile Owne~ would be responsible for
providinil all on-site piping and pumping facilities from the County's point
of delivery to the project and will pr°vide full we~ weather on-site
storage facilities, aa required by the DER, consieten~ with the volume o£
treated wastewater to be utilized. Treated effluent will ~a supplied to
the project pursuant to the County's established rata schedule. The
secondary distribution system shall be constructad',pursuant to the findings
of a detailed hydraulic design report. Thc repo?t ~ust be submitted with
the construction documents for the project. The report shall list all
design assumptions, demand rates and other factors pertinent to the system
under consideration.
H) Prior to'hpproval of construction documents by tile Utilities Division,
the Developer must present verification, pursuant to Chapter 367, Florida
Statutes, that the Florida Public Sex~ica Commission has $~antad territo-
rial rights to the Developer to provide sawer and/or wa~er service Co the
proJect~ if an interim treatmen~ facility is required, until ~he County can
provide these services through its water and sewer facilities.
I) The project's water distribution system shall be connected to the
District's 12 inch water main on the south side of Radio Road, extended
throughout the project, extended across Davis Boulevard to the south side
of tbs roadway and terminated with an approved blowofi assembly. The
Developer shall make the tap to the Davis Boulevard water main and cap the
tapping valve. When deemed necessary, the Utilities Division shall
connect the project to the Davis Boulevard water main from the project
water main to the Davis Boulevard tap.
J) Section 7.1 of the PUD document must be revised to make reference co
this memorandum, by date, and specify the Petitioner's acceptance of the'
stipulations contained herein. A revised copy of the PUD document and
drnft Ordinance for tbs rezoning approval must be submitted Co ~he
Utilities Division for review and approval prior co ~he Petition bsinS
considered by the Board of County Commissioners.
JFM/ah '"
cci William R. Vines, A~nnt~
A Portion of the ElS! 112 o! 8eclion 4. Twp. SO 8. Rge. 28 E
!
Z
!
mo
D
MASTER DEVELOPMETVT PLAN
M.4P
~'~'~.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 87-4
which was adopted by the Board of County Commissioners on the 10th
day of February, 1987 during. Regular Session.
WITNESS my hand and the official seal of th~' Board of County
Commissioners of Collier County, Florida, this 17th day of
February, 1987,
County Commission~£s.~' ' , ,~,? '~,. '~
Deputy Clerk ~;'~:~ ~,~
87-1
DEV~OPMEIq'I ORDER OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA FOR TWELVE LAKES
PLANNED UNIT DEVELOPI'LENT LOCATED IN
SECTION 4, TOWlqSHIP ~0 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA~
...4
WHIiREAS, Vines and Associates, Agent, for National Trug~ Co~pany,
Applicant, filed on April 1,'1986, with the County of Collier an Appli-
cation for Development Approval (ADA) of a Development of Regional
Impact (DRI) known as, Twelve Lakes Planned Unit Development in accor-
dance with Section 380.06(6), Florida Statutesl and
~HEREAS, Vines and Associates have obtained all necessary approvals
and conditional approvals fro~ the various Collier County agencies,
departments, and boards required as a condition to Planned Unit Develop-
ment (PI~) zoning and DRI approvall and
WHEREAS, the Board of County Com~issionera as the governing body of
the unincorporated area of Collier County having Jurisdiction pursuant
to Chapter 380.06 is authorized and empowered to consider Applications
for Development Approval (ADA) for Developments of Regional Impactl and
WHEREAS, the public notice requirements of Chapter 380 and the
Collier County Zoning Ordinance have been aatiefiedl and
~tEREAS, the Collier County Planning Co~mission has reviewed and
considered the report and recommendation of the Southwest Florida Region-
al Planning Council (SWFRPC) and held a public hearing on the ADA on
December 18, 1986; and
~YtEREAS, the Board of County Comissioners has passed Ordinance
which rezoned the subject property to PUD; and
~HEREAS, Twelve Lakes ADA ia also part of an overall reaoning
application by the developer; ;and the issuance of a development order
pursuant to Chapter 380.06. Florida Statutes, does not constitute a
waiver of any%powers or rights regarding the issuance of other develop-
ment per.its by the County or State~ and
~I~EREAS, on February 10, 1986~ the Board of County Commissioners, at
an open public hearing in accordance ~ith Section 380.06~ Florida
Statutes, considered the application for Development of Regional Impact
submitted by Vinas and Associatas~ A~entl the report and recommendatio~s'
of the S~rFRPCi the certified record of the documentary and oral svidancs
presented to the Collier County Planning Commission~ the ~epor~ and
~ec~endaCions of the Collier County Plannin~ C~ission~ ~he ~ec~en-
de,ions of Collier Co~ty Staff and Advisory Boardsl and th* c~enta
upon th~ record ~d~ b~fors this Board of County Co=ission~rs at said
mee=inE, hereby makes the follo~n8 ~indinls of Fact and ~nclusion
Law:
FI~INGS OF FA~
1. ~a real property vhich is th~ subject of th~ ~A is l~sally
deacrib~d as set forth in ~xhibit A~ th~ Planned Unit D~v~lop-
ment Document for ~lve Lakes attached he=sro and by
~nce ~de a part hereof.
~ application ia in acco=danc~ vith l~ction 380.06(b)~
Florida Statutes.
3. ~e applicant sub, trod to th~ County an ~A and
~&%po~s ~o~ as csposits ~ibit B~ and by'r~fa=ence ~d~
a part hereof~ to tbs ext~nt that they ar~ not inconsist~nt
~th th~ te~ and co~ditions of this O=d~.
i. ~s applica~t proposes the day.lo,ant of ~slva Lakes Planned
Unit Development, for 262.3 acres which includls= 11.3 acres
of co~ercial, 1~310 dw~llint units on 110, and approxi~t~ly
1~1 acres of other uses i~cludint parks/open space, wetland
presage, and lakes.
5. ~e Development is consistent vith th~ ~po~t and rec~enda-
tions of the S~C ~b~tted pursuant to iubsection 380.06
(11)~ Florida
6. ~ developaenc rill ~ot unreasonably interfer~
achieveaent of the obJ~tiv~s of th~ adopted State Land Devel-
o~ent Plan applicable to the area.
7. A c~prehensiv~ review of th~ ~pact E~nerat~d by th~ d~v~lop-
ment has been conducted by the appropriat~ County dsparc~nts
and aE~nciea and by the
8. ~ develo~nt is not in an area d~si~at~d an A=~a of
ca1 State Conc~m pura~nt to the provisio~s of S~ction
2
Fiorida Statutes, aa a~snded.
9. The development is consistent with the land development regula-
tions of Collier County.
CONCLUSIONS OF LAW
~)W, THEREFORE, BE IT RESOLVI~D by the Board of County C~iaaloners
of Collier County, Plorida, in public meeting, duly constituted and
assembled January 13, 1987, that the Development of Regional Impact
Application for Develo~ent Approval submi~ted by Vista and ~socia~as~
A~en~, is hereby ordered approved subJec~ to the foll~i~ conditions as
rec~ended by th~ S~C or in response to their rec~endation and the
co~itments specified in the P~ which are hereby adopted as co~i~ions
of approval of this Develo~ent Order~
1. D~INAGE/~ATER ~U~I~: ~e applicant has proposed a surfact
water manasement system that should no~ adversely affect
resional wa~er quality nor qu~=ity. ~ ~elve ~s D~
si~e is si=ua~ed ~hin ~he Colli~ Coun=y Diatric~ S~
D~ainage ~or~, eventually o~fallin~ ~o ~he Lely Canal ~d on
~o Dollar Bay and ~he Rooke~ Bay S=a~e Aqua~ic Prese~e, a
rationally siinifican~ wa~er resource. ~e ~o ~ecen~ deci-
sions made conce~inE car~ing capacity of ~he exia~ini
DisCric~ drainase works, ~he ~elve Lakes DRI has had ~o reduce
its pos~ d~velopmen~ s~o~a~er discharte ra~e of .06 cfa, as
per ~he Sou~h ~lorida ~a~er ~g~men= Dis~ric~'s cu~en~
~egional Condittons~
a. All c~enCa provided ~thin ~he ~elve Lakes ~A and
supplemental suffici~ncy dot,enOs, ~h respec~ Co
~ts~ions 22 (Drainage), shall be incorpora~ed as co~di-
~ions [or approval.
b. ~ on-soins~in~enance, ~i~ainin~, and sampling prosr~
~hac retularly i~spec~s, ~in~alas and s~les ~he
s~o~a~er drainage sy~ shall be ~pl~e~eg upon
c~pleCioa o[ ~h~ first phase of ~he va~er ~semenC
Ce
me
system, by the project owner, or his successor o~
designee, through the project's lifetime. The wateF
quality sampling program shall be undertaken by the
project owner or his successor or designee as required to
furnish water quality samples and water quality data to
water management agencies which indicate a need for such
samples and data.
The applicant, after finalizing development plans for the
Neighborhood Co~ercial parcel, shall coordinate with the
Collier County Department of Environmental Science and
Pollutio~ Control and the Florida Department of Environ-
mental Regulation (FDER) for the provision o[ temporary
transfer/storage of special and hazardous wastes, as
classified by FDER, that are generated by the develop-
Local Conditions:
~ Detailed site drainage plans shall' be s~bmitted to the
County Engineer for review. Ho construction permits.shall
be issued unless and until approval oi the proposed
construction in accordance with the submitted plans is
granted by the County Engineer. The developer shall
submit these plans to the KRHD for their review and
b. Aa Excavation Permit will he required for the proposed
lakes in accordance with Collier County Ordinance
80-26, as amended by Ordimsnce Ho. 8)-), and ae ~ay
amended in the ~uture.
ENERCT: The proposed project would he a~ all electric develop-.
ment and would increase the energ~ demands o~ the Region. The
applicant has committed in the ADA to provide a variety
energy conservation measures to reduce the impact o£ that
increased energy demand.
Regional Conditions:
a. The bicycle-pedestrian system approved on the PUD ~aster
Plan shall be developed in pace with project development.
b. Bicycle zacks or storage facilities shall be provided in
recreational, c~ercial and multi-family residential
areas, with the locations to be approved by the Zonin~
Director.
c. The project developer and subsequently the project property
owners association, shall cooperate with 'the appropriate
agencies in the location of bus stops, shelters, and
other passenger and system accommodations for such transit
system(e) as may serve the project area in the future.
d. In addition to compliance with such energy efficient
requirements aa are incorporated in the Collier County
Building code, project building designers/constructors are
encourage to use energy-efficient' features in window
design (e.g., tinting and exterior shading), operable
windows and ceiling fans and to install energy-efficient
appliances and equipment.
Deed restrictions or covenants that would
prevent or unnecessarily hamper energy conservation
efforts (e.g., building orientation, clotheslines, and
solar water heating systems) shall be prohibited.
f. Site development plans shall minimize 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.
g. Energy-efficient lighting shall be utilized for streets,
parking areas, and other interior and exterior public
aress,
h. Building plans shall specify the use of water closets with
a maximum flush of 3.5 gallons and shower heads and
faucets with a maximum 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, ~.S.
i. Project landscape plans shall utilize native plants,
trees, and other vegetation and landscape design features
that reduce requirements for water, fertilizer,
~aintenance, and other needs; shall pravlda for the
planting of native shade trees -to provide reasonable
shade for all ~ecreation areas, streets and parking areas
and rasidentia! units; end shall position tress £o provide
needed shade in the warmer months while not overly
reducing the benefits of sunlight in the cooler months.
Building planners should utilize orientation of
structures, as possible, to reduce solar heat gain by
wails and to utilize the natural cooling effects of the
wind and provide for structural shading (e.g., trellises,
awninis,, and roof overhangs) wherever practical when
natural shading cannot be used effectively.
Porch/patio areas should be included'in residential units.
The project developer, the hom6~mers association, and
the project architectural review comnittea, if one is
established, should all encourage energy conservation
measures (both those noted here and others) to assist
builders and =enants in their efforts ~o achieve greater
energy efficiency in the development.
k. Porch/patio areas should be included in residential units.
1. The project developer, the homeowners associa~ion, and
the project architectural review co~nittaa, if cna ia
established, should all encourage energy conservation
measures (both those no,ed here and o~hers) to assist
builders and tenants in their efforts to achieve ~reatar
enersy efficisncy in the development.
TRANSPORTATION: Traffic generated by Twelve Lakes DRI~ when
com~i~ed with ocher 8forth in the area, will necessitate
improvements co SR 84 (~avis Boulevard) if level of service
"C" conditions are to be maintained.
The County has adopted a Road Impact Fee Ordinance (Ordinance
~85-55) and =he Developer, or i~a successors, shall pay cha
impact fees specified therein , or any amendment thereto, for
all development at T~elve Lakes. These impact fees, together
with thaC portion of iasoline taxes and ad valorem taxis
generated from the project, and progr~ed for road improve-
ments, together vith the dedications and other contributions
specified herein, shall mitigate the trausportation impacts
reasonably attributable to the development.
Should the Board of County C~issioners deter~ina the above
cited impact fees, local gasoline taxes, and ad valorem taxes,
shall not be applied to State Road 81, and the county commits
to assist the State in ~aintaining an acceptabl~ 1~1 of
se~ic~ on Sta~a Road 84~ then the D~v, loper, or
successors,, shall pay its proportio~ta shaft of the
i~rove~ents needed to =atntain Level Of Semite t'c", on an
averaie annual basis~ io~ th~ ae~ents of State Road
sitnificantly impacted, as par~ of a dul~ adopted area vide
funding prosram. ~y parents ~de "shall be deemed to be
non-site related and subJec~ to a dete~i~ion of
atains~ local ~pac~ fees required of the developer.
l;tional Conditions:
a. ~e applican~ shall be required to pay for any
tion ~provements (includinS but not l~ited to
siEnalization~ tu~ lanes and additional through lanes)
found to be necessa~ by the Collie= County Ttanspo=ta-
t/on Depar~ent or Florida Department of Transpo~tation
for the project's access intersections onto Davis Boule-
vard throughout all phases of the develo~ent.
b. Adequate c~itments shall be made to provide the total
improvements~ including right-of-vay~ si~alization, tu~
lanes~ and other ~prov~ents necessa~ to
Lays1 of Semite 'C's on an annual avaraia daily bas!s~ on
the roadways and intersections siEnifican~ly ~pact~d by
this DRI develo~en~ through its bulldout.
development*s i~pact shall be deemed significant ~hen its
total traffic using a roadway o~ intersection ~xceeds
of the road or intersection capacity at Lev~l of
"C". Collier County shall cmi~ to the p~osr~nS
such improvements in a timely ~anner, and to the fundin~
of such improvements with approp~iata applications of
public funds and/or private funds, including appropriate
impact fees and/or proportional share payments collected
from this DRI development in accordancs vith provisions of
the Collier County Impact Fee Ordinance and State statutes
and rules. The progrannning or funding of such
improvements on the State highvay system shall be
coordinated vith the ~lorida DOT and vith the progr~tng
o£ Scats Prinmry Riihvay funds in Collier County.
Subject to redsterninatfon of transportation impacts and
calculation of proportional share payments based on the
monitoring studies specified in 3c. and 3d., the folloving
roadvays and intersections ara ~xpected to be
substantially impacted by this development at its
bulldont~
Regional Roadvaya:
SR 84 (Davis Boulevard)
- Airport-Pulling Road to Kinss ~ay
- Kings ~ay to County Barn Road
- County Barn Road to Santa Barbara Boulevard
- Santa Barbara Boulevard to Tvelve Lakes south
sntrancs
- Twelve Lakes south entrance to CR 856 (Radio Road)
- Radio Road to (CR 951) Isles of Capri Road
Local Roadways:
CR 856 (Radio Road}.
- Airport Pulling Road to lings ~ay
- Kings ~ay to Santa Barbara Boulevard
- San~a Barbara to Twelve Lakes Entrance
- Twelve Lakes Entrance to Davis Boulevard
.C?unt~ Barn Road
= Davis Boulsvard to Rattlesnake-Ha~,nock Road
Intersections=
- Davis Boulevard at CR 951
- Davis Boulevard at Radio Road
- Davi~ Boulevard at Santa Barbara
- Davis Boulevard at County Barn Road
- Davis Boulevard at lings ~ay
- Davis Boulevard at Airport-Pulling Road
- Airport-Pulling Road at Radio Road
- Radio Road at lings ~ay
- Ra~io Road at Santa barbara
c. Prior to.the approval of any land uses indicated in the
ADA, for Phases II through V of Twelve Lakes (beginning
in 1989), the applicant shall., prepare and submit a
revised transportation analysi~" to the Naples A~ea
(Collier County) ~etropoliCan Planning Organization,
FDOT, DCA, and Southvest Florida Regional Planning
· ~ Council, This revised analysis shall' include only
existing roads and progr~ed road improvemants, vith
committed funding, or planned roads with right-of-way
assured through ordinance and will reassess the
transportation impacts of. Twelve Lakes DRI Phases II
through V. The report rill be equivalent to an update of
the applicant's ADA assessment of ~usstion 31 in the
questionnaires, documenting commitments in approved
planning programs to fund future roadway improvements
required during Phases II through V.
Approval or approval with conditions for Phases II
through V rill be decided by the County, based upon the
results o[ this reanlysis and considering any reviev and
recommendations provided by the Regional Planning Council
and ocher transportation reviev agencies,
d. The fining for the initiation of the improvements out-
lined in recommendations ~" above shall be made at the
time chat a road segment/intersection ia found Co exceed
ee
level of service "C". Service Level dete~aina~ion shall
be made by the appropriate County Department or FDOT. To
determine the existing levels of service on regional
facilities and the need £or ~he improvements in a ~imely
manner, the applicant shall submit an annual monitoring
report to the Collier County Transportation Department,
~DOT and the Southwes~ Florida Regional Planning Council
for review. The £irst monitoring report shall be
submitted one year after the issuance of the first
building permits for Twelve Lakes. Reports shall be
submitted annually until buildout of the project. At a
minimum, this report shall contain traffic counts and
tvrning movements taken at the access points to the sits
..
and at each of the intersections listed above in
recommendation '%".
The purpose of the monitoring report sba. il be to i~dica~e
when LOS "C" is expected to be exceeded on impacted
roadways and/or intersections and to provide updated
information to more accurately forecast project buildout
traffic and total traffic for determination of
proportional share and to show the significance of impact
of the DRI on the impacted roadways.
Based on the staff transportation assessment, construc-
tion of the following road improvements shall be needed
prior to, or coincident with, the development of Twelve
Lakes DRI if level of Service "¢" conditions are to be
maintained.
Regional Roadways (including intersection improv~aente)
Phase I (1988-1990)
Santa Barbara Blvd. -
Phase II (1989-1992)-
Phase III (1991-1994)
SR 84 (Davis Blvd.) -
Phase IV (1993-1996)
SE 84 (Davis Blvd.) -
Radio Road
Construction as a ~wo lane
roadway from Davis Boulevard to
Rattlesnake Hamock Road should
ba programmed and funded.
No aignifi~aut segment
improvements due to Tvalve Lakes
DR! ara anticipated.
Widen to six lanes with a median
from Ai~port-Pulling Road to
Livingston Road extension.
Widen Co four lanes rich a
~md~n fron
extension to
Widen to four lanes with a
median from Santa Barbara Blvd.
to TWelve Lakes entrance.
Widen to four lanes vith a
median from Radio road to SR
951.
Widen to four lanes with a
median from TWelve Lakes en-
trance to Radio Road.
~iden to four lanes rich a
median from Santa Barbara
Boulevard eae~ward to Davis
Boulevard.
Phase V (1995-1998)
SR 8& (Davis Blvd.) -
Radio Road
County Barn Road-
The segment directly east of
Airport-Pulling Road may require
eight laming and the remaining
segments eastward to Santa
Barbara will requite six laming
during this phase.
Hay, require widening to 6 lanes
with out median from Airport
Road to Kings Way.
CountyBa.rn'Road presently
operates 'at LOS A, however with
the added .influence of
developments in the area, coupled
vi. th a degradation in LOS on
Davis Boulevard, the volume of
traffic on County Barn Road
could easily approach capacity
in'Just a couple of years.
fe
If level of service "C" on an average annual daily
condition for any roadway segment/intersection
identified herein is exceeded and project traffic on said
roadway segment/intersection equals or exceeds
32 %f Level of Service "C" service volume (utilizing
generalized service volumes as established by FDOT)4 and
(a.) The roadway improvements necessary to return to
Level of Service "C'! or better condition, is not
programmed on the applicable HPO or Collier County
five year traffic improvement plan with identified
funding; or
(b.) If such progr----ed improvement is deleted from said
five year traffic improvement plan; or
12
(c.) If five years pass without the start o£
construction of said improvement; or
(d.) The level of service on any said roadway
segment/intersection exceeds level of service D on sa
annual average daily condition prior to the
construction of the progrannned improvement; then a
substantial deviation shall be deemed to have
occurred.
The developer may continue development during said
substantial deviation DRI review until an amended
development order is issued, provided that the
amended development order is issued vithh six
months of the data of notice that a substantial
deviation has occurred. Further development will be
authorized tnd conditioned by the final amended
development order.
If the same conditions occur ex~ept that the
developer has paid his proportional share of the
cost of said roadway segment or intersection, either
through advance payments or substantial deviation
determination shall -he made by Collier County
addressing the status of the needed roadway
improvements, and the steps needed to implement
these improvements.
Local Conditions:
The developer shall be bound by the phasing schedule
in the ADA insofar aa it calls for the development to
proceed at the north side (near hdio Radio) and not
provide access to Davis Boulevard until 199& (Phase 3).
All parcels abutting the main collector road and having
direct access to it shall have self contained turn around
areas or circular driveways so as not to require vehicles
to be backed into the right-of-way. The residential
sites located along the principal street between Davis
Boulevard and Radio Road should be limited to the number
de
of driveway access points (maximum of one drive avery two
hundred feet). (The proposed layout could possibly permit
one drive every ~0 co 60 ~eeC on a collector aCreec,)
The main collector road shall be constructed to collector
road standards as provided in the Subdivision Resulations.
The developer shall provide fair share contributions
toward the capital cost of traffic signals at the project
entrances on Radio Road and on Davis Boulevard when deemed
warranted by ch, County Engineer. The signals shall be
owned, operated and maintained by Collier County.
The developer shall provide between 20 and 35 feet of
addicioual right-of-way (the exact amount Co be datsminad
when right-of-way permits ara applied for) along the south
side of Radio Road and the norch'.~ida of Davis Boulevard
for drainage improvements, bike paths and appropria~e turn
lanes to serve the project.
These improvements (b-a, above) are c~naidered "site
related" as defined in Ordinance 85.-55 and shall hOC be
applied as credits toward any impact fees required by that
ordinance.
A eidewalk/bikepa£h should, be provided along the entire
frontage of Davis Boulevard and Radio Road. Subject to
~DOT approval, the developer shall provide a sidewalk/bike
path within the right-of-way and abutting the south/north
boundary of the property. I~ existing righ~-of-~ay is not
adequate for cons~ruction of said sidewalk/bike path, as
determined by the County Engineer and/or FDOT, the
developer, his successors or his assigns shall plovida
such right-of-way or easement as is necessary.
Sidewalk/bike path will. hOC ba required until a
sidewalk/bike path network is existing and provides
pedestrian/bicycle transporta~ion ~o useful places within
the area as determined by the County Engineer, Conattmc-
tion of ~he sidewalk/bike path will not be required by the
developer if it ie constructed aa parc of FDOT'a improve-
ments to Davis Boulevard (SR-8&). Prior to approval of
the final phase of construction, if the sidewalk/bike path
has not been constructed, the developer shall provide the
necessary right-of-way or easement and, at hie option~
construct the sidewalk/bike path, or post a bond in the
amount deemed necessary by the County Engineer to insure
the sidewalk/bike path will be constructed, or ~ake
payment to the County for the cost of sidewalk/bike path
i~provements at the current cost of conet~uction as
determined by the County Ensineer. If the latter is
chosen ~he County vould then be responsible for
construction as part of a County-vide program.
A street connection shall be provided to the west property
line to connect to Sabal Lakes PUD along the north half of
the vest property line (approximately 1,900 feet south of
Radio Road) as aho~n on the PUD Baster Plan.
t~' The streets shall be public.
A buffer and additional rear-yard setback shall be
provided along those lots abutting Davis Boulevard and
Radio Road.
VEGETATION ~ ~rlLDLIFE: The ~pplicant has identified the
potential for certain species to exist in preservation areas
on the site. The primary issue of regional concern is project
impacts to 5 species of plants and 13 species of animals which
are endangered, threatened, or are species of special concern
that may grow, feed, nest and breed on the T~elve Lakes site.
Resional and Local Conditions~
a. The applicant commits to upland greenbelt &teas,
cypress wetlands and seasonal ponds preservation areas as
shoum on the PUD Heater Plan.
b. A survey of the project site shall be undertaken for any
eagle and red-cockaded woodpecker nesting activities prior
to commencement of development. Copies shall be sent to
Collier County, the Sg'FRPC and Florida Came and Fresh
}!star Fish Colission. A survey aha1! be conducted to
verify the presence or absence of the red-cockaded
woodpecker. If woodpeckers are found nesting within the
parcel, the petitioner shell allow sufficient habitat to
satisfy nesting requirements, and the petitioner shall
satisfy all state (Florida Game and Fresh Water Fish
Commission) and federal (U.S. Fish and Wildlife Service)
Ce
stipulations concerning the protected species.
Work crew supervisors shall encourage precautions by work
crews working close to planned preserve areas in order to
minimize wildlife disturbances.
de
If during the course of site clearing, excavation, or
o~her constructional activities, an archaeological or
historical site, artifact, or 'other indicator ia
discovered, all development at '~hat location shall be
immediately stopped and the Natural Resources Hanagement
Department notified. Development will be suspended for a
sufficient length of time to enable the N~tural Resources
}~nasement Department or a designated consultant to assess
the find and determine the proper course of action in
regard to its salvageability. The Natural Resources
N~nagement 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.
Prior to a more "finalized" site plan including water
management plans, a conceptual site plan must be submitted
to Natural Resources Management Department for review;
NR~D wishes to cooperate with the petitioner to ma~.imize
retention of native habitat and landscaping.
A site clearing plan shall be submitted to the Natural
Resources Management Department and the Community
Development Division for their review and approval prioz
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
16
hay tho final sics layout incorpo~aCes retained n~Cive
vegetation co the maximmn extent possible and how roads,
buildinss, lakes, parking 1ocs, and ocher facilities have
been oriented to accommodate this goal.
Native species shall ba utilized, where available, to the
maximum extent possible in the sits landscaping design, l
landscaping plan will ba submitted to the Natural
Resources Hanagement Department and the Conununity
Development 9ivision for their review and approval. This
plan will depict the incorporation of native species and
their nix with other species, if any. The goal of site
landscaping shall be the re-creation of native vegetation
and habitat characteristics lo8~ 'on the site during
construction or due to past scaly{ties.
h. ' All exotic plants, as defined in the County Code, shall be
removed during each phase ofconstruction from development
areas, open space areas, and preserve areas. Following
site development a 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 approved by the Natural Resources Hanagement
Department and the Connnunity Development Division.
i. Littoral zones along lake margins should be at a side
slope ratio of no less than 6:1 out to a depth of three
feet.
Water Hanagemen~ designs should promote storm water runoff
being channelled to and retained within wetland preserves.
k. Petitioner will be subject to Ordinance 75-21 (or the
tree/vegetation removal ordinance in existence at the Ct~a
o6 permitting), requiring the acquisition of a tree
removal pe~nit prior to any land clearing.
1. For stipulations d-k above, mutual agreements must be
reached between ~R~ and personnel of the Twelve Lakes
development. If mutual agreements cannot be reached, the
matter will be brouiht before ths FAC or whatevsr Co~mty
environmental review board is in power at the time of dis-
putes; this governing entity will act as an arbitrator for
disputes. If arbitration is futile, the matters will be
brought before the Board of County Cou~iesioners (BCC),
the BCC to act as the final arbitrator.
~ETLANDS: The T~elve Lakes site contains s total of 18.11
acres of natural wetlands and a 14 acre manmada borrow pit.
The combined natural and manmade wetlands account for
appr~ximately 62,21 acres or 24I of the total sits, The
applicant proposed to preserve all on-sits wetlands snd to
create additional wetlands through the construction of lakes
for surface water manaEeaent purposes,
Resional Conditions: '.
a, The applicant commitments to wetland preservation~ wetland
mitigation and water management design presented within
' e the ADA and sufficiency docmnents shall ~e incorporated
as conditions of approval,
b. The removal and control of exotic plants in wetland areas
as required by S:ction 4,h, above,
c. A maintenance plan to maintain the overall scological
inte§r£ty of wetland preserve areas,
d. The Collier County review shall be conducted according to
substantial deviation determination provision of Chapter
380.06 Florida Statutes.
UTILITIES:
Local Conditions:
A. Water and Sewer
1. Water distribution
and sewage collection and
tranmnission systems .will be constructed throughout
the project development by the developer pursuant to
all current requirements of Collier County and the
State of Florida, ~ater and sewer facilities
constructed within platted rights-of-way or within
utility easements required by the County shall ba
conveyed to the County for Ownership. operation and
maintenance purposes pursuant to appropriate County
Ordinancea and reEulations in effect at the t/~e 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 sever
facilities within the project, the facilities will
bs tested to ensure they neet Collier CotmtyVs
utility construction requirements in effect at the
time construction plans are approved. The above
tasks must be completed to :~he satisfaction of the
Utilities Division prior to placing any utility
facilities, County owned or privately owned, into
service. Upon completion of ~he 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 tho Utilities Division, puzeuanc Co
County Ordinances and Regulations in effect at the
time conveyance ie required.
All construction plans and technical specifications
and proposed plate, if applicable, for the proposed
water distribution and sewage collection and trane-
- mission facilities mueC be reviewed and approved by
the Utilities Division prior to com~snceaent of
construction,
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 CountyVe established rates.
Should the County not be in a position to provide
water and/or sever service to the project, the water
end/or sewer customers shell be custonsrs of the
interco utility established to serve the pro~ect
until the County*s off-site water and/or sewer
facilities ere available co ssrve the pro]ecc.
It ia anticipated theC the County Utilities Division
will ultimately supply pocabls water Co meet the
consunpcive demand and/oF receive and crest the
sewage generated by this prolecC. Should the County
system not be in a position to supply potable water
to the project and/or receive the p~o~e~t~s
waeCew~ter ac the clue development commences; cbs
Developer, aC his expense, will LUsCall end operate
interim water supply and on-siCs treatment £aciliCies
and/oF interim on-siCs sewag~ treatment and disposal
facilities adequate to meet all requirements of the
appropriate regulatory agencies.
An agreement shall be entered i~to b~t~een the County
and the Developer, binding on the Developer~ his
assigns oF successors legally acceptable to the County,
prior Co approval of construction documents for the
proposed project, sCacin~ that=
a. The proposed water supply and on-site treatment
£acilittes and/oF on-siCs waatewaCer treatment
and disposal leciliCies, if required, are Co be
constructed as par~ o£ the proposed project and
mus~ be re~arded as interim; they shall be
- constructed co State and Federal standards and
ara to be ovned, operated and maintained by the
Developer, his assigns or successors until such
CLUe as the County's of£-siCe ~ater Facilities
a~d/or off-siCs Sewer Facilities are available
to service the pro~ecc. The interim treat~nenC
facilities shall supply services only Co those
lands owned by the Developer and approved by
the County for development. The utility
20
facil~ty(ies) may not be expanded to provide
water ~nd/or se~er service outside the
development boundary approved by the County
vithout the vritten consent of the County.
b. Upon connection to the County's off-site water
facilities, and/or sewer facilities, the
Developer, hie assigns or successors shall
abandon, dismantle and remove from the sits the
interim water and/or sewage treatment facility
and discontinue uae of the water supply source,
if applicable, in a ~anner consistent with
State of Florida standards. All work related
with this activity aha11' be performed at no
coat to the County. .
c. Connection to the Countyts off-site water and/or
sewage facilities wili ba made by the ovnera,
their aeeiEna or successors at ~o coat to the
County vithin 90 days after such facilities
become available. The coat of connection shall
include, but not be limited to, all engineering
design and preparation of conat~uction
documents, permitting, modification or refitcinE
of existing savage pumping facilities or
conattmction of new master sewage pimping
facilities, inte~connection with County off-site
facilities, water and/or sewer lines necessary
to make the connection(a), etc.
d. At the time County off-site water and/or .sewer
facilities are available for the pro, act to
connect with, the following water and/or sewer
facilities shall be conveyed to the County
pursuant to appropriate County Ordinances and
Re~ulations in effect at the tine~
1) All water and/or sewer facilities
constructed in publicly o~med
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 sever
facilities; or,
All water and sever facilities required to
connect the project to the Countyfs
off-sits water and/or sewer facilities
when ~ha on-site water and/or sever
facilities ars constructed on private
property and not required by the Coun=y co
be located within utility easements,
including but hoc limited Co the
a) ~in sewase ~ifC station and force
~in inCezconnecCing ~Ch the County
sever facilities including all
utility easements nece~sa~;
b) Wacer discribuCion facilities,
the point of co~ecCion with the
County's racer facilities Co the
~scer - water meter se~ing the
p~oJecC, ~cludin~ all utility
· as~ents necessa~.
~e cust~ers se~ed on an. inter~ basis by the
utility system consc~cted by the Developer
shall bec~e custoaers of the County at the
time when County off-site ~a~er and/or sever
/still:les are available to se~e the p~oJect
and such co~ection is ~d~. Prior to
c~nection of ~he project to the
off-site ~ate~ and/or saver facili~i~s
Developer, his assize, o~ successors shall
turn over to the County a c~pleta list of
custom,rs se~ed by the i~r2utiliti~s system
and shall no~ compete with th~ County for
22
ho
service of those customers. ~e Developer shall
also provide the County v/th a detailed
inventory of the facilities served within the
project and the entity whichv~ll be responsible
for the water and/or sewer service billinl for
the project.
All construction plans and technical specifi-
cations related to connections to the County's
o/f-site Water and/or Sewer Facilities vi11 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 Ordinances and
Regulations in effect at the lima of Permit
request. This requirement shall be known to all
prospective buyers of properties for which
building permits will be required prior to
the start of building construction.
The County will lease to the Developer for
operation and maintenance the water distribution
and/or sever 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
sever facilities owned and operated by the
County. Terms of the lease shall be dete~nined
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 zequired, shall remain in affect until
the County can provide water and/or sewer
service through ica off-site facilities or until
such trine 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 Ho. 80-112
showing the availability of sewage service, ~ust 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
Per. ts for the sewage collection and trans~ieelon
systems and the wastewater treat'~ent facility to be
utilized, upon receipt thereof.
C. If an interim on-site water supply, treatment and
transmission facility is {tilized to serve the
proposed project, it ~ust be properly sized to supply
average and peak day domestic domand, in addition to
firs flow demand at rate approved by khe appropriate
Fire Control District servicint the project .area.
D. Construction and c~mership of' the water and sewer
facilities, including any proposed interim water
and/or sewage treatment facilities, aha11 be in
co~pliance with all Utilities Division Stnndards,
Policies, Ordinances, Practices, etc. in effect at
the time construction approval is requested.
B. Detailed hydraulic design reports covsring the water
distribution and sewage collection and transmission
-systems to serve the project ~ust be submitted with
the construction documents for the project. The
reports shall list all design assumptions, de.and
rates and other factors pertinent to tbs syst~
under consideration.
F. ~hen the County has the ability to provide savage
treatment and disposal services, the Developer, his
assigns or successors will be ~eeponsible to connect
to these facilities at a point to be established by
24
the County, with the Developer assuming all costs
for the connection york to be performed.
G, The proJectte Developer, his assigns or successors
shall construct and utilize an on-site secondary
distribution system for the use of treated sewage
affluent within the project iimita,' for irrigation
purposes and potnntially for firs flow purposes.
The O~ner would be responsible for providing all
on-sits piping and ptunping facilities fro~ the
County's point of delivery to the project and
provide full wet weather on-site storage facili~ies,
as required by the DER, consistent with the volume
of treated vastevater to 'be' utilized. Treated
affluent will be supplied to"the, proJect pursuant to
the County's established rate schedule. The
secondary distribution system shall be constructed
pursuant to the findinis of a detailed hydraulic
design report. The report ~vst be sub,Steal with
the construction documents for the pro, ecs. The
report shall list all design assumptions, de,and
rates and other factors pertinent to the system
under consideration.
H. Prior to approval of construction documents by the
Utilitiss Division, the Developer must presen~
verl£ication, purauan~ to Chapter 36?, Florida
Statu~es, that the Florida Public Service Co~ission
' has 8ranted territorial rights to the Developer to
p~ovide sewer and/or water service to the pro, ecS, if
an interim treat~nent facility is required, until the
County can provide these services through its water
and sever facilities.
I. The project's water dist:ibution system shall be
connected ~o the District's 12 inch water ~ain oh
tbs ~outh side of Radio Road, extended throughout
the project, extended across Davis Boulevard to the
25
south side of the roadway and terminated with an
approved blowoff assembly. The Developer shall make
the tap to the Davis Boulevard rater main and cap
the tapping valve. When the deemed necessary, the
Utilities Division shall connect the project to the
Davis Boulevard rater main from the project rater
main to the Davis Boulevard tap.
7. CONSISTENCY Will THE LOCAl, COMPREHENSIVE PLAN: The project ia
located within an area currently designated as Urban by the
Collier County CompreP. ensive Plan.
Regional Conditions:
The Southwest Florida Regional Planning Council recommandation
for "Conditional Approval" shall be contingent upon a findin$
of "Consistency" with tha local Compregansivs Plan.
Local Conditions:
Recommendation:
'l~e Board of County Commissioners found t~s project as
proposed to comply vith the Comprehensive Plan.
8. EDUCATIO}IAL:
Local Condition:
a. The Development should satisfy the requirements of any
ordinance, which also requires other developments not
subject to Chapter 380.06, Florida Statutes procedures to
participate, to accommodate the impact of the
development.
9. FIRE PROTECTION:
Local Conditions:
a. Fire sprinklers should be includad throughout, the
commercial portions of the project and in common areas of
:he residential portion.
b. The development should satisfy the requirements o~ any
ordinance, which also requires, other developments not
subject to Chapter 380.06 Florida Statutes procedures to
participate, to accommodate the impact of the development.
10. POLICE PROTECTION=
Local Conditions=
a. The develolment should satisfy the requirements of any
ordinance, which also requires other developments not
subject to Chapter 380.06 Florida Statutes procedures to
participate, to accommodate the impact of the development.
b. At the site plan review staEe, the applicant should meet
with the Sherifi~s Department in order to incorporate
reco~ended Security and access features into the overall
project design.
11. RECREATION AND OPE~ SPACE:
Local Conditions:
a. As determined at the site plan review stage and as
environmental conditions allow, bike paths,
trails, nature walks, etc. should maximize access to the
recreation/open space areas.
12. ~ID WASTE:
Local Conditions:
a. The applicant and subsequent tenants of the project
should investigate methods of reducing solid waste volume
at the project.
b. The applicant and subsequent tenants of the project
should identify the proper on-site handling and temporat~
storage procedures, for any hazardous waste that may be
generated on-site, in accordance with local, regional and
state hazardous waste prosrams.
13. GENERAL CONSIDERATIONS: In "Twelve Lakes" ADA, numerous
conmi~ents ware made by the applicant to mitigate p~oJect '.
impacts. ~iany, but not all of these co~n~it~nents ara listed in
the S~'RPC staff assessment. An example is the applicant*s
co~mitment to minimum height elevations, which mitigates
hurricane evacuation concern.
Additionally, the ADA provided a Phasing Schedule that provid-
ed the timing basis for this review. If this phasing schedule
ia significantly altered by tha applicant then many of the
basic assumptions of this approval could be substantially
changed, potentially raising additional Regional issues end/or
impacts.
Local Condtcions~
a. Ail cc~itmenta and impact mitigating actions provided
by the applicant within the Application for Development
Approval (and supplementary documents) that ars 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 Ylorida Regional Planning Council, the Depart-
ment of Co~munity Affairs and all affected permit agen-
cies as required in Subsection 380.06(18), Florida
Statutes.
The development Phasing Schedule presented within the
ADA, end as adjusted to dace of development order approv-
al shall be incorporated as a condition of approval.
Development Order conditions and Applicant Commitments
incorporated within the Development Order to mitigate
regional impacts, are not carried out as indicated to the
extent or in accord with the timing schedules specified
within the Development Order and this phasing schedule,
then this shall be deemed to be a substantial deviation
for the affected regional issue.
BE IT FURTHBR RESOLVED, by the Board of County Comaissioners o£
Collier County, that:
1. Ail comitments and impact mitigating actions provided by the
applicant in the Application for Development Approval and
supplemental documents and the Application for Public Hearing
for rezonin~ and supplemental documents that are not in con-
flict with conditions or stipulations specifically enumerated
above are hereby adopted to this Development Order by refer-
e~ce,
~ha Co'~unit7 Development ~iministrator ahall be the local
official responsibla for aaaurin$ complia~ca ~rlth tha ~eva~op-
merit Ordar.
This Development Order shall remain in effect for the duration
of the project. Hoverer, in the event that significant
physical development has not co~enced ~thin Collier ~unty
vithin five (~) years developmen~ approval viii t~inat~ and
this Develo~ent Order shall no lonEer be ~ffective. For
purposes of this r~qui~em=nt 'si~ificant physical develop-
ment'' does not include ~oads, drainaE~ or landscapinE but doe8
include const~ction of buildinEs or Installation of utiliti~s
and facilities such as sever and rater lines. ~ia t~ period
may be extended by the Board of County Co~lssion~s upon
request by the Developer in the event that uncontrollable
circ~cances delay the c~encement of dev~lo~en~.
~e applican: or their successor(s) in titll 'to the subject
property shall sub,it a report ~nnu~ly, cm~ncint one y~a~
from ~he e/iectivi date of this Dev~lo~ent Order, to the
Board of County C~ssioners of Collier County, the Southvest
Florida R~Eional Plannini Council, and the D~partm~nt
C~nity Affairs. ~ts report ~ill contain the info~tion
required in Section 9B-16.25, Flor/da Ad~nistrati~e Code.
Failure to submit the annual r~po=t shall be ~ove~ed by
Subsection 380.06(16), Florida Statutes.
Subsequent requests fo= development pe~ta shall not require
further r~vi~ pursuant to ~ection 380.06, Florida Statutes,
unless it is found by the Board of County Comiasion~rs
Collier County, after due no~ice and hearinE, that one or more
of the follovinE is present;
a. A substantial devia~ion fr~ the te~ or conditions
this Development Order, or other chanE~a to the appr~ed
development plans ~hich create a ~eaaonabl~ likelihood
adverse reEional ~pacts or other ~Eional ~pacta vhich
vere not evaluated in the reviev by the Southvest Florida
Regional Planning Council~ or
b. An expiration of the period of effectiveness of this
Development Order as provided herein.
Upon a finding that either of the above is present, the Board
of County Co~missioners of Collier County shall orUer a termi-
nation of all devslol~nent activity until such time ss a new
DRI Application for Development Approval has been sub. teed,
reviewed and approved in accordance with Section 380.06,
Florida Statutes.
5, The approval granted by this Development Order is limited.
Such approval.shall not bs construed to obviate the duty of
the applicant to comply with all other applicable local or
state permitting procedures.
7, The Board of County Comissioners agrees that this project
shell not be subject to do~n-zoning, unit density reduction
or intensity reduction for a period of 5 years from the date
b~ approval of this project, unless the local'government can
demonstrate that substantial chanses in the conditions
underlying the approval of the development order was baaed on
substantially inaccurate information provided by the
developer, or that the change is clearly established by local
government ~o be essential to the public health, safety, or
~elfare.
$. The definitions contained in Chapter 380.0~ Florida Statutes,
shall control the interpretation and construction of any terms
of this Development Order.
9. That this Order shall be binding upon the Developer, assignees
or successors in interest.
10. It is understood that any reference herein to any 8overnmental
agency shall be construed to mean any futura 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 govez~mental agency in existence on the
effective date of this Order.
11. In the svent, that any portion or saction of this Order ~
determined to be invalid, illegal, or unconstitutional by a
court or agency of co, patent Jurisdiction, such decision shall
in no manne~ effect the remaining portions of this Ordsr vhich
shsll remain in full force and effect.
12. This resolution shall beco~a effective as provided by lay.
13. Certified copies of this order are to be sent immediately to
the Department of Cou~unity Affairs, Southwest Florida Region-
al Plannin8 Council.
DULY PASSED AlSq) ADOPTI~ 'this 1A,)~_day of_t~.~_~at 1987.
' ~: ~~ 10, 1987
._,~ -. .......
BOa OF CO~TY CO~OfISSION~-I~S
COLLIER COUNTY, FLORIDA
MAX A. HASSE, JR.
KENNEIql B. CUYLER~'
COUNTY ATTORNEY
This ordlnanc~ flied with the
dretary of re' Offl
and ocknowledgeme_n~ ~.f.. that
fill~recelved thl~JT.,~ day
TI,~LVE LAKES DEVELOPMENT ORDER