Ordinance 87-018 ORDINANCE 8 7-..~L~
AN ORDINANCE AME~NDING ORDINANCE 82-2 THE COM-
PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR-
PORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE ZONING ATLAS M~ NUMBER 49-25-1 BY
CHANGING THE ZONIMG CLASSIFICATION OF THE HEREIN
DESCRIBED RE~J~ PROPERTY FROM A-2 AND A-2 "ST" TO
"PUD" PLAN2qED UNIT DEVELOPMENT KNOWN AS CYPRESS
GLEN FOR 280 MRfLTI-FAMILY DWELLING UNITS FOR
PROPERTY LOCATED ON THE NORTH SIDE OF PINE
RIDGE ROAD, APPROXIMATELY 2/3 MILES EAST OF
AIRPORT ROAD, DIRECTLY WEST OF THE COM~fUNITY
SCHOOL OF NAPLES IN SECTION 12, TOWNSHIP 49
':.SOUTH, RANGE 25 EAST; AND PROVIDING AN EFFECTIVE
'' DATE.
W~E~'k~S, Wilson, Miller, Barton, Soll and Peek, representing
Clyde Quinby and James McCombe, petitioned the Board of County
Commissioners to' change the Zoning Classification of the herein
described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE:
The Zoning Classification of the herein described real property
located in Section 12, Township 49 South, Range 25 East, Collier
County, Florida is changed from A-2 and A-2 "ST" to "PUD" Planned
Unit Development in accordance with the PUD document attached hereto
as Exhibit "A" which is incorporated herein and by reference made
part hereof. The Official Zoning Atlas Map Number 49-25-I, as
described in Ordinance 82-2, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon receipt of notice
that is has been filed with the Secretary of State.
DATE: April 21, 1987 BOARD OF COUNTY COMMISSIONERS
,. ............. COLLIER COUNTY, FLORIDA
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-'"~'7JAMES'C. GILES, :CL'ERK MAX
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% ' c,.v'",' ~~,/' ond acknowledgement
AP~GVF,'~.,~,~. TO FOI~ AND~EGAL SUFFICIENC:~Iing
of
R. BRUCE ANDERSON -
ASSISTANT COb%ITY ATTORNEY ~. ' U£.I) -".! .~,~
A PLANNED UNIT DEVESOPMENT
for
CYPRESS GLEN
29.7+ Acres located in Section 12,
Town~hip 49 South, Range 25 East,
Collier County, Florida
PREPARED BY:
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
1383 AIRPORT ROAD, NORTH
NAPLES, FLORIDA 33942
April, 1987
DATE REVISED: April 21, 1987
DATE ISSUED: ~U~Y 16, 1986
DATE APPROVED BY BCC: April 21, 1987
ORDINANCE NUMBER: 87-18
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS ..................................... i
SECTION I
STATEMENT OF COMPLIANCE ............................ 1-1
SECTION II
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION ........... 2-1
SECTION III
STATEMENT OF INTENT AND PROJECT DESCRIPTION ........ 3-1
SECTION IV
RESIDENTIAL LAND USE REGULATIONS .................. 4-1
SECTION V
GENERAL DEVELOPMENT COMMITMENTS .................... 5-1
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
LIST OF EXHIBITS.
P.U.D. MASTER PLAN WMBS&P
FILE ~'O. RZ-130A
AERIAL PHOTOGRAPH AND LOCATION MAP
WMBS&P FILE NO. RZ-130B
SOILS AND VEGETATION MAP
WMBS&P FILE NO. RZ-130C
BOUNDARY AND TOPOGRAPHIC SURVEY
WMBS&P FILE NO. 5G-142
SECTION I
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of Mr. Clyde
Quinby and Mr. James McCombs, Trustees, 4588 Tamiami Trail, North,
Naples, Florida 33940, hereinafter referred to as applicant or
sponsor, to create a P.U.D. on 29.7 acres of land located in
Section 12, Township 49 South, Range 25 East, Collier County,
Florida. The name of this proposed development shall hence forth
be known as Cypress Glen. The development of Cypress Glen as a
Planned Unit Development will be in compliance with the ~l. anning
goals and objectives of Collier County as set forth in the
Comprehensive Plan. The residential development with associated
recreational facilities will be consistent with the growth
policies and land development regulations of the Comprehensive
Plan Land Use Element and other applicable documents for the
following reasons:
1. The subject property has the necessary rating points to
determine availability of adequate community facilities and
services in conformance with the Collier County Comprehensive
Plan.
2. The development shall be compatible with and colnplimentary
to the surrounding land uses.
3. Ail improvements shall be in compliance with applicable
regulations.
4. The cjustering of multi-family buildings provides for more
common open space and flexibility in design and shall improw~
the living environment of the development.
5. The number of egress and ingress points shall be limited so
as to minimize the impact upon the traffic flow along Pine
Ridge Road.
6. The project will be served by a complete range of services
and utilities.
1-1
2.01
2.02
SECTION II
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
~roperty Ownership
The subject property is currently owned by:
Clyde Quinby and James McCombs, Trustees
4588 Tamiami Trail, North
Naples, Florida 33940
Legal Description
The subject property is described as follows:
The east 1/2 of the southwest 1/4 of the southeast 1/4 andl
the east 1/2 of the west 1/2 of the southwest 1/4 of the
southeast 1/4, Section 12, Township 49 South, Range 25 East,
Collier County, Florida, less the South 75 feet previously
conveyed to Collier County, Florida for highway purposes.
2-1
,0'31
3.01
3.02
3.03
SECTION III
STATEMENT OF INTENT AND PROJECT DESCRIPTION
INTRODUCTION
It is the sponsor's intention to create a multi-family
residential project with recreational and other support
facilities. The units shall be centered around a
proposed lake, existing cypress slough, recreational
facilities, and common open spaces. The recreational
facilities may consist of swimming pools, tennis courts, a
jogging trail, and a:%y other additional facilities as may
be deemed desirable.
COMPLIANCE WITH APPLICABLE ORDINANCES
The project is intended to be in compliance with the
applicable Collier County Zoning and Subdivision regu-
lations as well as other Collier County de¥31opment codes
in effect at the time permits amd/or plats are requested.
DEVELOPMENT AND FRACTIONALIZATION OF TRACTS
A. Fractionalization of Tracts:
When the developer sells an entire Tract or a building
parcel (fraction of a Tract) to a subsequent owner, or
proposes development of such property himself, .the
developer shall provide to the Zoning Director for ap-
proval, prior to the development of the tract by the
developer or prior to the sale to a subsequent owner of
such property, a boundary drawing showing the tract arid
the number of units and/or the square footage assigned
to the property, as applicable. This drawing shall also
show the location and size of access to those fractional
parts that do not abut a public street. An updated
Master Plan showing the fractional parcel also shall be
submitted.
In the event any tract or building parcel is sold by
amy subsequent owner, as identlfied in Section 3.03(ai*,
in fractional parts to other parties for development,
the subsequent owner shall provide to the Zoning
Director for approval, prior to development of the tract
by the developer or prior to the sale to a subsequent
owner of a fractional part, a boundary drawing showing
his originally purchased tract or building parcel and
the fractional parts therein and the number of units
and/or the square footage, as applicable, assigned to
each of the fractional parts. The drawing shall also
show the location and size of access to those fractional
parts that to not abut a public street. An updated
Master Plan showing the fractional parcel also shall be
submitted.
3-1
3. The developer of any tract must submit a Conceptual Site
Plan for the entire tract in accordance with Section of
this document prior to Final Site Development Plan
submittal for any portion of that tract. The developer
may choose not to submit a Conceptual Site Plan for the
entire tract if a Final Site Plan is submitted and
approved for the entire tract.
4. The developer of any tract or building parcel must
submit, prior to or at the same time of application fo~
a building permit, a detailed site development plan for
his tract or parcel in conformance with the Zoning
Ordinance rquirements for site development plan
approval. This plan shall be in compliance with any
approved Conceptual Site Plan as well as all criteria
within this document.
5. In evaluating the fractionalization plans, the Zoning
Director's decision for approval or denial shall be
based on compliance with the criteria and the
development intent as set forth in this document,
conformance with allowable amount of building square
footage and the reasonable accessibility of the
fractional parts to public or private roadways, common
areas, or other means of ingress and egress.
6. If approval or denial is not issued within ten (10)
working days, the submission shall be considered
automatically approved.
B. PUD Conceptual Site Plan Approval Process:
· When PUD Conceptual Site Plan approval is desired or
required by this document, the following procedure shall
be followed:
A written request for Conceptual Site Plan approval
shall be submitted to the Director for approval. The
request shall include materials necessary to
demonstrate that the approval of the Conceptual Site
Plan will be in harmon~ with the general intent and
purpose of this document. Such material may include,
but is not limited to the following, where
applicable:
a. Site plans at an appropriate scale showing
proposed placement of structures on the property;
provisions for ingress and egress, off-street
loading areas; yards and other open spaces.
b. Plans showing proposed locations for utilities
hookup.
c. Plans for screening and buffering.
3-2
3.04
3.05
2. In the case of cjustered buildings required property
development regulations may be waived or reduced
provided a site plan is approved under this section.
3. A fee consistent with the current fee schedule for
County Site Development Plan approval shall accompany
the application, unless a specific fee for Conceptual
Site Plan Review is adopted.
4. If approval or denial is not issued within twenty (20)
working days, the submission shall be considered
automatically approved.
C. Site Development Plan Approval Process
Site Development Plan approval, when desired or requested
by this document, shall follow the procedure as outlined
in the Zoning Ordinance.
LAND USES
The arrangement of land use types is shown on the P.U.D.
Master Plan. Minor changes and variations in design and
acreages shall be permitted at final design to accommodate
topography, vegetation, and other- site conditions. The
specific location aned size of individual tracts and the
.assignment of dwelling units thereto shall be submitted to
the Zoning Director for approval or denial, as described
in Section 3.03 of this document. The final size of the
recreation and open space lands will' depend on the actual
requirements for water management, roadway pattern, and
dwelling unit size and configuration.
PROJECT DENSITY
The total acreage of Cypress Glen is approximately 29.7
acres. The maximum number of dwelling units to be built
on the total acreage is 280. The number of dwelling units
per gross acre is approximately 9.4. The density on
individual parcels of land throughout the project may vary
according to the type of housing placed on each parcel of
land but shall comply with guidelines established in this
document.
3-3
3.06
3.07
3.08
3.09
RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL
Clearing, grading, earthwork, and site drainage work shall
be performed in accordance with applicable Collier County
Development Codes, and the standards and commitments of this
document.
EASEMENTS FOR UTILITIES
Easements shall be provided for water management areas,
utilities and other purposes as may be needed. Said ease-
ments ant] improvements shall be in substantial compliance
with the Collier County Subdivision Regulations.
Ail necessary easements, dedications, or other instruments
shall be granted to insure the continued operation and
maintenance of all service utilities in substantial
compliance with applicable regulations in effect at the
time approvals are requested.
LAKE SITING
As depicted on the P.U.D. Master Plan the proposed lake has
been centrally sited adjacent to plagned residential units
and existing wetlands. The goals of this are to achieve an
overall aesthetic character for the project, to permit
optimum use of the land, and to increase the efficiency of
the water management network.
EXCEPTIONS TO THE SUBDIVISION REGULATIONS
The following requirements of the subdivision regulations
shall be waived subject to review and approval by the County
Engineer at the time of construction plan submittal.
Article XI, Section 10: Monuments where such monuments
occur within street pavement areas, they shall be
installed in a typical water valve cover, as prescribed
in the current County standards.
b. Article XI, Section 17I: Curb Radii (Reduce requirements
from forty (40') foot radius to thirty (30') foot radius
at local to local roads.)
3-4
c. Article XI, Section 17J: Intersections requiring curved
streets to have a minimum tangent of 100 feet at
intersections., multiple intersections, and street jogs
provided streets remain private.
d. Article XI, Section 21: Utility Casings if all utilities
are constructed prior to .pavement construction.
· e. Article II, Section 17G, Appendix "D", Local Road T~pical
Sections as it pertains to private roads.
f. Article II, Section 17K: Reverse Curves: provided roads
remain private.
3-5
4.01
4.0~
4.03
SECTION IV
RESIDE~TIAL LAND USE REGULATIONS
PURPOSE
The purpose of this Section is to set forth the regu-
lations for the residential areas shown on the P.U.D.
Master Plan.
GENERAL DESCRIPTION
Residential areas designated on the Master Plan are
designed to accommodate a full range of residential
dwelling types, recreational facilities, essential
services, customary accessory uses, and compatible land
uses.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall
erected, altered, or used, or land or water used,
whole or in part, for other than the following:
a) Permitted Principal Uses and Structures:
1) Multi-family dwellings.
2) Cjuster housing, group housing or patio housing
subject to site development plan approval.
3) Water management facilities and lakes.
4) On-site wastewater treatment facilities.
be
5) Manager's residence and offices.
b)
Permitted.Accessory Uses and Structures:
1) Customary accessory uses and structures.
2) Signs.
3) Recreational Facilities.
4)
Model units shall be permitted in conjunction
with the promotion of the development. The model
units shall be converted to residences at the end
of a two year period unless otherwise
specifically approved by the County.
4-1
J. ]>.+r
4.04' DEVELOPMENT STANDARDS
1. a) Minimum lot area: one acre..
b) Minimum lot width: 150 feet.
c) Minimum distance between.principal structures:
~ne-half the sum of their heights.
d) Setback from project boundaries: thirty feet (30')
e) ~aximum height of structures: 3 habitable
s. tories.
f) Minimum floor area of residential dwelling:
750 S.F.
g) Utility plant setback from P.U.D. external
boundary: 50 ~eet. A buffer shall be provided in
accordance with the requirements of the Zoning
Ordinance.
2. Minimum standards for parking, landscaping, signs and
lighting shall be in accordance with applicable County
standards and regulations in effect at the time
permits are sought.
4-2
02:6,,':,3'38'
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
5.01 PURPOSE
The purpose of this Section is to set forth the general
development commitments of the project.
5.02 PUD MASTER DEVELOPMENT PLAN
The PUD Master Plan (Wilson, Miller, Barton, Soil &
Peek, Inc., Drawing File No. RZ-130A), is an iljustrative
preliminary development plan.
bo
The design criteria and layout iljustrated on the Master
Plan shall be understood as flexible so that, the final
design may satisfy the project and comply with all ap-
plicable requirements. Acreages shown on the P.U.D.
Master Plan are approximate and minor changes to
accommodate final engineering plans must be approved in
accordance with Section 3.03 of this document.
Ail necessary easements, dedications, or other instru-
ments shall be granted to insure the continued operation
and maintenance of all service utilities.
d. Minor design changes shall be permitted subject to
County staff administrative approval.
Areas iljustrated as "lake" shall be constructed lake, or
upon approval, parts thereof may be green areas in which
as much natural foliage as practical shall be preserved.
Such areas, lakes and/or natural green areas, shall be of
general area and configuration as shown on the Master
Plan.
The petitioner or any subsequent owners shall provide for
maintenance of any common open space, drainage
facilities, lakes, recreational areas, natural areas or
any other .'amenities associated with the proposed
development.
Prior to completion of the project, all commitments in
this PUD document shall be met by the developer or his
designee. If certain commitments are to be met during
the final phase of construction, adequate provisions
shall be established to assure that all commitments are
met by the developer or his designee at the time of
completion of this project.
5-1
026,',",, 3'39
5.03 TRANSPORTATION AND T]~AFFIC IMPACT
a. In accordance with Ordinance 85-55, requiring development:
to contribute', its proportionate share of funds to
accommodate the impact of proposed development on area
roads; the developer or its successors or assigns, agrees
to pay road impact fees in accordance with the adopted fee
schedule, at such time as building permits are requested.
The Developer further agrees to pay its fair share for
intersection improvements at the project's access point:
deemed necessary by the County Engineer.
b. Access t~ the site and its median opening shall be located
so as not to affect the design or use of the existing
opening and left turn lane serving the Community School of
Naples.
c. The developer shall provide a westbound right turn lane at
the prgject entrance.
d. The developer shall provide arterial level street lighting
at the project entrance.
e. The developer shall provide up to 35 feet of right-of-way
along the north side of Pine Ridge Road for future
roadway, bike path and drainage improvements, the exact
amount to be determined when the right-of-way permit is
issued.
f. These required improvements are considered "site related"
as defined in Ordinance 85-55 and shall not be applied as
credit toward any impact fees required by that Ordinance.
5.04 ENVIRONMENTAL CONSIDERATIONS
a. A site clearing plan shall be submitted to the Natural
Resources Management Department and the Community
Development Division for their review and approval prior
to any substantial work on the site. This plan may be
submitted in phases to coincide with 'the development
schedule. The site clearing plan' shall clearly depict ho~
the final site layout incorporates retained native
vegetation to the maximum extent possible and how roads,
buildings, lakes, parking lots, and other facilities have
been oriented to accommodate this goal.
5-2
b.:~Native species shall be utilized, where available, to the
maximum extent possible in the site landscaping design. A
landscaping plan will be submitted to the Natural
Resources Management Department and the Community
Development Division for their review and approval. This
plan will depict the incorporation of native species and
their mix with other species, if any. The goal of site
landscaping shall be the re-creation of native vegetation
and habitat characteristics lost on the site during
construction or due to past activities.
c. Ail exotic plants, as defined in the County Code, shall be
removed during each phase of construction from development
areas, open space areas, and preserve areas. Following
site development a maintenance program shall be
implemented to prevent reinvasion of the site by such
exotic species. This plan, which will describe control
techniques and inspection intervals, shall be filed with
and approved by the Natural Resources Management
Department and the Community Development Division.
d. If during the course of site clearing, excavation, or
other constructional activities, an archaeological or
historical site, artifact, or other indicator
discovered, all development at that location shall be
immediately stopped and the Natural Resources Management
Department notified. Development will be suspended for a
sufficient length of time to enable the Natural Resources
Masagement Department or a designated consultant to assess
the find and determine the proper course of ~ction in
regard to its salvageability. The Natural Resources
Masagement 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.
e. No development will be allowed in the oak hammock area.
Prior to any development of surrounding lands, the
hammock shall be flagged; flagging boundaries shall be
verified by NRMD.
f. The oak hammock area may be used only for passive
recreation, ~.ncluding uses such as nature trails and/or a
limited number of picnic tables/benches. Any clearing of
understory vegetation and/or placement of structures
(i.e., picnic facilities) must be reviewed and subject to
approval by NRMD.
5-3
g~ The cypress slough shall be preserved. Prior to any
development of surrounding lands, the slough shall be
flagged; flagging boundaries shall be verified by NRMD.
h. The petitioner shall investigate design modifications
concerning berming around the cypress area to enhance
water retention, thereby enhancing the slough.
i. Petitioner must verify the presence or absence of gophe;f
turtles and, if turtles are found, must satisfy all state
(Florida Game and Fresh Water Fish Commission) stipu.-
lations concerning the turtles.
j. Petitioner will be subject to Ordinance 75-21 (or the
tree/vegetation removal ordinance in existence at the
time of permitting), requiring the acquisition of a tree
removal permit prior to any land clearing.
k. For all of the stipulations above, mutual agreements must
be reached between NRMD and personnel of the Cypress Glen
development. If mutual agreements cannot be reached, the
matter will be brought before the EAC or whatever County
environmental review board is in power at the time of
disputes; this governing entity will act as an arbitrator
for disputes. If abritration is futile, the matters will
be brought before the Board of County Commissioners
(BCC), the BCC to act as the final arbitrator.
5.05 WATER MANAGEMENT CONSIDERATIONS
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.
b. An Excavation Permit will be required for the proposed
lake in accordance with Collier County Ordinance No.
80-26, as amended by Ordinance ~3-3, and as may be amended
in the future.
c. A strip of land. not to exceed 25 feet in width, along the
entire frontage shall be reserved for use as a future
easement for road swale widening and maintenance
purposes.
5.06 UTILITIES
To be in accordance with attached stipulations in Memorandum
from Utilities Engineering Director dated Auqust 14, 1986.
5-4
5.07 ENGINEERING
a. There are approximately 50 units located on the west side
of the Cypress Slough which are totally isolated from'the
remainder of 'the development. A secondary route, in
addition to the access road, shall be designed through the
parking areas from Pine Ridge Road to the access road
where it crosses the Cypr'ess Slough. This will provide
two rou~es within 400-1000 feet of the isolated units
An emergency access connection from the internal street to
the access trail abutting the north property line shall be
maintained.
5.08 CERTIFICATE OF OCCUPANCY ISSUANCE
No certificate of occupancy (C.O.) will be issued for
Cypress Glen un~ts until proposed improvements to the
North Naples water system currently under design are
completed. These improvements are scheduled for
completion in March 1988.
5.09 POLLING PLACES
Polling places shall be permitted -as deemed appropriate.
5-5
· 0: ~nn McK~m. ?]ann~n~ Department
Mcmorsndurn ·
DATE:Au_~ust 14. 19~6
FROM:Tbnm~ ~ A.
Utilities Engineering Director
.Re: Petition No. R-86-21C, Cypress Woods
We have reviewed the above referenced Petition and have no objection to
the rezone as requested. However, we require the following stipulations
am a condition to our recommendation for approval:
A) Watew & Sewer
1) Water distribution and sewage collection and transmission
systems will be constructed throughout the project development by the
developer pursuant to all current requirements of Collier County and the
State of Florida. Water and sewer facilities constructed within platted
rights-of-way or within utility easements required by the County shall be
conveyed to the County for ownership, operation and maintenance purposes'
pursuant to appropriate County Ordinances and regulations in effect at
the time of conveyance. Ail water and sewer facilities constructed on
'private property and not required by the County to he located within
utility easements shall be o~med, operated and maintained by the
Developer, his assigns or successors.' Upon completion of construction of
the water and sewer facilities within the project, the facilities will be
tested to insure they meet Collier County's utility construction
requirements in effect at the time construction plans are approved. The
above tasks must be completed :o the satisfaction of the Utilities
Division prior to placing any utility facilities, County owned or
privately owned, into service. Upon completion of the water and/or
sewer facilities and prior to the issuance of Certificates of Occupancy
for structures within the project the sewer facilities shall be con-
veyed to the County, when required by the Utilities Division, pursuant
to County Ordinances and Regulations in effect at the time conveyance is
requested. The water facilities shall be turned over to the City of
Naples.
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) AlJ customers connecting to the sewage collection facilities will be
customer~; ~f the County and will be billed by the County in accordance
with the County's established rates. Should the County not be in a
position to provide sewer service to the project, the sewer customers
shall be customers of the interim utility established to serve the
project until the County's off-site water and/or sewer facilities are
available to serve the project. Water supply and billing shall be
provided by the City of Naples.
To: Ann McKim, Planning Department
Page 2
August 14, 1986 ~-%~1
4) It is anticipated that the County Utilities Division will ultimately
receive and treat the sewage generated by this project. Should the
~ounty system not be in a position to receive the project's wastewater at
the time development commences, the Devel'oper, at his expense, will
install and operate interim on-site treatment facilities and/or interim
on-site sewage treatment and disposal facilities adequate to meet all
requirements of the appropriate regulatory agencies.
5) An Agreement shall be entered into between the County and the
Developer, binding on the Developer, his assigns or successors, legally
acceptable to the County, prior to the approval of construction documents
for the proposed project, stating that:
a) The proposed on-site wastewater treatment and disposal facilities, if
re,tuired, are to be constructed as part of the proposed project and must
be regarded as interim; they shall be constructed to State and Federal
standards and are to be owned, operated and maintained by the Developer,
his assigns or successors until such time as the County's off-site sewer
.facilities are available to s~rvice the project. The interim treatment
facilities shall supply services only to those lands owned by the
Developer and approved by the Coungy for development. The utility
facility may not be expanded to provide sewer service outside the
development boundary approved by the County without the wzttten consent
of the County.
b)' Upon connection to the County's off-site sewer facilities, the
Developer, his assigns or successors shall abandon, dismantle and remove
from the site the interim sewage treatment facility. All work related
with this activity shall be performed at no cost to the County.
c) Connection to the County's off-site sewer facilities will be made by
the owners, their assigns or successors at no cost to the County within
90 days after such facilities becom~ available. The cost of connection
shall include, but not be limited to, all engineering design and
preparation of construction documents, permitting, modification or
refitting of existing sewage pumping facilities or construction of new
master sewage pumping facilities, interconnection with County off-site
facilities, sewer lines necessary to make the connection(s), etc.
d) At the time County off-site sewer facilities are available for the
project to connect with, the following sewer facilities shall be conveyed
to the County pursuant to appropriate County Ordinances and Regulations
in effect at the time:
I) Ail sewer facilities constructed in publicly owned
rights-of-way or within utility easements required by the
County within the project limits required to make connection
with the County's off-site sewer facilities; or,
To: Ann McKim, Planning ~epartment
Page 3
August ~,
2) Ail sewer facilities required to connect the project to the
County's off-site sewer facilities when the on-site sewer
facilities are constructed on private, property and not required
by the County to be located within utility easements, including
but not limited to the following:
a) Main sewage lift station and force main inter-
connecting with the County sewer facilities including
all utility easements necessary;
e) The customers served on an interim basis by the utility system
constructed by the Developer shall become customers of the County at the
time when County off-site sewer facilities are available to serve the
project and such connection is made. Prior to connection of the project
to the County's off-site sewer facilities the Developer, his assigns, or
successors shall turn over to the County a complete list of the customers
served by the interim utilities system and shall not compete with the
County for the service of those customers. The Developer shall also
,provide the County with a detailed inventory of the facilities served
within the project and the entity which will be responsible for the sewer
service billing for the project.
f) Ail construction plans and technical specifications related to
connections to the County's off-site sewer facilities will be submitted
to the Utilities Division for review and approval prior to commencement
of construction.
g) 'The Developer, his assigns or successors agree to pay all system
development' charges at the time that Building Permits are required,
pursuant to appropriate County Ordinances and Regulations in effect at
the time of Permit request. This requirement shall be made known to all
prospective buyers of properties for' which building permits will be
required prior to .the start of building construction.
h) The County will lease to the Developer for operation and maintenance
the sewage collection and transmission.system for the sum of $10.00 per
year, when such system is not connected to the off-site sewer facilities
owned and operated by the County. Terms of the lease shall be determined
upon completion of the proposed utility construction and prior to
activation of the the sewage collection, transmission and treatment
facilities. The Lease, if required, shall remain in effect until the
County can provide sewer service through its off-site facilities or until
such time that bulk rate sewer service agreements are negotiated with the
interim utility system serving the project.
To: Ann McKim, Planning Department
Page 4
August 14, 1986
B) Data required under County Ordinance No. 80-112 showing the avail-.
'ability of sewage service, must be submitted and approved by the
Utilities Division prior to approval of the construction documents fox'
the project. Submit a copy of the approved DER permits for the sewage:
collection and transmission systems and the wastewater treatment facility
to be utilized, upon receipt thereof.
C) The PUD document shall be revised to make reference to thi~
memorandum, by date, and specify the Petitioner's acceptance of the
ztipulations contained herein. A revised copy of the PUD document and
draft Ordinance for the rezonirg approval must be submitted to the
Utilities Division for review amd approval prior to the Petition being.
heard b~ the Board of County Commissioners.
D) When the County has the ability to provide sewage treatmeut and
disposal services, the Developer, his assigns or successors will be
responsible to connect to these facilities at a point to be mutually agreed
upon by the County and the Developer, with the Developer assuzLing all costs
for the connection work to be performed.
E) Construction and ownership of the sewer facilities, including any
proposed interim sewage treatment facilities, shall be in compliance ~£th
all Utilities Division standards, Policies, Ordinances, etc. in effect at
the time construction approval is requested. .,
F) Pursuant to the County Water an~ Sewer District Law, Section 153.86,
Florida Statutes, the Petitioner shall apply to the Board of County
Commissioners, Ex-Officio the Governing Board of the County Water-Sewer
District to obtain their consent for construction of the proposed sewer
facilities to serve the project and approval of the construction documents.
The Board of' Governors shall adopt a Resolution which approves ~he
~:onstruction and the proposed interim on-site or off-site sewer facilities
until sewer facilities owned by the District are available to serve the
project.
TAD/sh ~
cc: Ale . Reynolds - Wilson, .Miller, Barton, Soll& Peek, Inc.
Cypress _Glen
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