Ordinance 87-044I
I
CRDIN~HCE g?- ~
i
AN ORDINANCE AMENDING ORDINANCE ~--15. wHIr. H
ESTAB[ISHED THE VINEYARDS OF NAPI.ES PUD, AS
oPEVIOUSLY PMENDED i]Y ORDINANCE U, 6-o3, BY AMENDING
THE "PI.ANNING TEAM", AMI~NDINIj SECTIOr~
INTRODUCTION Ar. ID PURPOSE: AMENDING SECTION I.O~ fO
~ELE~E ~REVIOUS OWNERS FROM L.EGA~ DESCrIPtION;
~-IENDING SECTION l.O~, TITLE TO PllOPERTY: Ar~iNGING
SECTION ~.03, COMPLIANCE YIlH APPLICABLE
ORDINANCES; AMENDING SECTION ~.05, SIHZ PLAN
APPROVAL; AMENDING lHE LAND USE SCHEDULE; ADDI~'IG A
NEW SECT[ON 8.10, PERMITTED USES, GENERAL; ADDING
A NEW SECTION ~.ll, SUBSECTIONS .~%'11.01 THROUGH
~.l;.O~, SIGNS; ADDING A NEW SECTION 3.03.8)3), TO
ADD CMIJRCHES AS A PERH[TTED PRINCIPAL USE
~EQUI~ING SPECIFIC SITE PLAN APPROVAL; ADDING A
r~EW SEr.TION ~.03.8)~) TO AOD CHUqCHES AS A
PErMiTtED PRINCIPAL USE REOUIRIMG SPECIFIC SITE
PLAN APPROVAL; ADDING A NEW SECTION ~.03.B)q), TO
ADD REST HOMES AS A PERMITTED PRINCIPAL USE
REQUIRING SPECIFIC SITE PLAN APPROVAL; AMENDING
SECTION 5.01, PURPOSE; AMENDING SECTION 7.0I,
PURPOSE: AMENDING SECTION 8.01, PURPOSE: AMENDING
SECTION 9.08.C), IRANSPORiAIION TO SUBSTITUTE
"VANDSRBILI BEACH ROAD" FOR "GOLDEN GATE
BOULEYARD"; AMENDING SECTION 9.08.O), WATER
MANAGEHENT; AMENDING SECTION 9.08.E), UTILITIES;
AMENDING SECTION 9.08.FI, EXCEPTIONS TO COUNTY
SUBDIVISION REGULAT[CNS; AMENDING SECTION
ENV[ROrIMENTAL STIPULATIONS: AMENDING SECTION
9.08.H). MISCELLANEOUS; DELETING TABLE "A", TRACT
USE DESIGNATIONS: DELETING MASTER PLAN EXHIBIT
"A"; INSERTING REVISED MASTER PLAN EXHIBIT"A";
DELETING EXHIBIT "B", ROADWAY TYPICALS; INSERTING
A NEW EXHIBIT "B" ROADWAY TYPICALS~ AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Wafaa A. Assaad, representing The Vineyards Development
Corporation, petitioned the Board of County Comm:ssioners to amend the
Planned Unit Development Document for The Vineyards of Naples, Collier
County Ordinance Number 35-15, as amended by Ordinance Number 86-63; mnd
WHEREAS. such changes have been reviewed and approved by
appropriate County agencies, the Collier County Planning Commission, and
the 8oard of County Commissioners.
NOW, THEREFORE, BE IT ORDAINED EY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
The Vineyards PUD Ordinance, Collier County Ordinance Number 85-15,
as amended by Collier County Ordinance Number 86-63. is hereby amended
as set torth in lhe PUD document attached hereto as Exhibit "A", and
incorporated herein.
SECTION T~O:
This Ordinance shall become effective upon receipt o1 notice that
it has been filed with the Secretary of State.
APFROVOD".A~ FORM AND
......... rX~ll~T~I B. CUYLER ~
COUNTY AITOrNE¥
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
THE VINEYARDS OF NAPLES
A PLANNED RESIDENTIAL COMMUNITY
BY
WAFAA F. ASSAAD, AoI.C.P.
t
Approved June 2, 1987
Exhibit "A"
154
THE VINEYARDS OF NAPLES PLANNING TEAM
Land Planner, Coordinator
& Project Manager
Wafaa F. Assaad, A.I.C.P.
808 Oaks Blvd., South
Naples, FL 33999
Consulting Engineers, &
Land Surveyors
Hole, Montes & Associates, Inc.
715 Tenth Street, South
Naples, FL 33939
Legal Counsel
Young, van Assenderp, Varnadoe
& Benton, P.A.
801 Laurel Oak Drive
Suite 300
Naples, FL 33963
155
INDEX
STATEMENT OF COMPLIANCE & SHORT TITLE
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
.SECTION VII
SECTION VIII
SECTION IX
PROPERTY OWNERSHIP & DESCRIPTION
PROJECT DEVELOPMENT
SINGLE-FAMILY RESIDENTIAL
MULTI-FAMILY RESIDENTIAL
VILLAGE SQUARE
COMMERCIAL/MULTI-USE
GOLF COURSE
RECREATION AND OPEN SPACE/PARK
GENERAL DEVELOPMENT COMMITMENTS
PAGE
i±
2-1
3-1
4-1
5-1
6-1
7-1
8-1
9-1
LIST OF EXHIBITS
EXHIBIT A
EXHIBIT B
Master Development ?lan
Street Right of Way and Road Cross Section
156
STATEMENT OF COMPLIANCE
The development of approximately 1,925.4 acres O~"property in
Section 1, Township 49 South, Range 25 East; and Sections 5, 6
and 8, Township 49 South, Range 26 East, Collier County, Florida,
as a Planned Unit Development to be known as The Vineyards of
Naples, will be in compliance with the planning goals and object-
ives of Collier County as set forth in the Comprehensive Plan.
The residential, commercial/multi-use development and associated
recreational facilities of The Vineyards of Naples, will be in
compliance with the planning goals and objectives of Collier
County as set forth in the Comprehensive Plan. The residential,
commercial/multi-use development and associated recreational
facilities of The Vineyards of Naples will be consistent with the
growth policies, land development regulations and applicable
Comprehensive Plan documents for the following reasons:
1) The subject property has the rating points required for
adequate community facilities and services.
2) The project development is compatible and complimentary
to the surrounding land uses.
3)
4)
Improvements are planned to be in substantial compliance
with applicable regulations.
The pro~ect development will result in an efficient and
economical extension of community facilities and serv-
ices.
5)
The project development is planned to incorporate natur-
al systems and existing man-made systems for water
management in accordance with their natural functions
and capabilities.
6) Several arterial roadways are in existence or planned
both through and adjacent to the property.
7) The proposed plan sets as a goal establishing reasonable
flexibility for land usage thru build-out.
8)
The project is located at a major system interstate
use of [he 'Interchange 'Commercial' zone.
SHORT TITLE
This ordinance shall be known and cited as "The Vineyards of
Naples PUD Ordinance."
ii
157
1 .01
SECTION I
PROPERTY OWNERSHIP & GENERAL DESCRIPTION
INTRODUCTION AND PURPOSE
It is the intent of the Owner (hereinafter called
"applicant" or "developer") to establish and develop a
Planned Unit Development (PUD) on approximately 1,925.4
acres of property located in Collier County, Florida. It
is generally bordered on the west by Airport Road and on
the east by Golden Gate Estates. The northern boundary of
the property is Vanderbilt Beach Road. The southern edge of
the property is bounded by Pine Ridge Road. It is the
purpose of this document to provide the required standards
and to set forth guidelines for the future development of
the property.
1.02 NAME - The PUD development shall be known as The Vineyards
o-~aples.
1.03 LEGAL DESCRIPTION
PARCEL A
- - North half of the northeast quarter of
Section 1, Township 49 South, Range 25 East,
Collier County, Florida, also the North half
of the Northwest Quarter of Section 1,
Township 49 South, Range 25 East, Collier
County, Florida, less and except the West 100
feet thereof. Containing 196.7 acres, more
or less.
PARCEL B & C - Beginning at a concrete monument found in
July 1969 marking the West 1/4 corner of
Section 6, Township 49 South, Range 26 East,
Collier County, Florida; thence along the
west line of said Section, North 02~03'30"
West 3,171.50 feet to the Northwest corner
of said Section 6; thence along the North
line of said Section 6, South 89'35'4~" East
said Section 6; thence along the East line
of said Section 6, South 01'06'54" East
2,647.46 feet; thence North 89'35'47" West
1,285.27 feet; thence South 02'03'30".East
523.35 feet; thence South 00'52'50" East
137.19 feet; thence North 89'35'47" West
3,960.00 feet to the West line of Section 6;
thence along the West line of said Section
6, North 00'52'50" West 137.03 feet to the
1-1
.04
PARCEL D
PARCEL E
place of beginning: being a part of Section
6, Township 49 South, Range 26..East, Collier
County, Florida; less and except Interstate
Highway 1-75 right-of-way parcel 111-R.
(O.R. Book 907 Pages 631-635)
Containing 358.3 acres more or less.
- Section 5, Township 49 South, Range 26 East,
Collier County, Florida.
Containing 727.7 acres, more or less.
- Section 8, Township 49 South, Range 26 East,
Collier County, Florida less and except
Interstate Highway 1-75 right-of-way Parcel
121. (O.R. Book 907 Pages 637-643).
Containing 642.7 acres, more or less.
TITLE TO PROPERTY
Subject properties are currently under the unified control
of The Vineyards Development Corporation.
1-2
2.01
2.02
2.03
2.04
2.05
SECTION II
PURPOSE
PROJECT DEVELOPMENT
The purpose of this Section is to generally describe the
plan of the development and delineate the general condi-
tions that will apply to the project.
GENERAL PLAN OF DEVELOPMENT
The Vineyards of Naples is a planned community, which
includes a mixture of residential and commercial uses,
interchange commercial, civic and eductional sites, golf
courses, open space/parks and preserve areas.
COMPLIANCE WiTH APPLICABLE ORDINANCES
The project is planned to be in substantial compliance with
the applicable Collier County general zoning and subdivi-
sion regulations as well as other Collier County develop-
ment codes in effect at the time permits or plats are
requested.
LAND USE
The Master-Development Plan (Exhibit A) shows proposed land
uses of development for each parcel. Minor variations in
acreages shall be permitted at final design to accommodate
vegetation, encroachments, utilities, market conditions,
and other hereto unforseen site conditions.
SITE PLAN APPROVAL
A)
When site plan approval is desired or required by this
document, applicant shall comply with section 10.5 of
the Zoning Ordinance or successor regulations dealing
with site development plan approval.
B)
In the case of cjustered buildings required property
development regulations may be waived or reduced
provided a site plan is apprcved under this section.
C)
A ~ee cons'istent 'with
County Site Development Plan approval shall accompany
the application.
2-1
2.06
D)
If approval or denial is not issued wit.hin ten (10)
working days, the submission shall be considered
automatically approved.
FRACTIONALIZATION OF TRACTS
A) 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 Directo~ for
approval, prior to the development of the tract by the
developer or prior to the sale showing the tract and the
number of units and/or the square footage assJgne~ to
the property, as applicable. The drawing shall aiso
show the location and size of access to those fractional
parts that do not abut a public street. An updated
Tract Plan showing the fractional parcel also shall be
submitted.
B) In the event any tract or building parcel is sold by any
subsequent owner, as identified in Section 2.06(A) in
fractional parts to other parties for development, the
subsequent owner shall provide to the Zoning Director
for approval prior to the development of the tract by
the de'eloper-or prior to the sale to a subsequent owner
of a fractional part, boundary drawing showing his
originally purchased tract or building parcel and the
fractional parts therein and the number of untis and/or
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 do not abut a public street. An updated Tract Plan
showing the fractional parcel also shall be submitted.
c)
The developer of any tract or building parcel must
submit, prior to or at the same time of application for
a building permit, a detailed site plan for his tract or
parcel in conformance with the Zoning Ordinance
require~:ents for site development plan approval. This
plan shall be in compliance with any approved
;,~onc~ptu~i~'~e~lm~-~,~e~'-~-ms..~_~te~i~.wi~hi~n th,is
~ocu~ent. .
D)
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
2-2
E)
fractional parts to public or private roadways, common
areas, or other means of ingress and agress.
If approval or denial is not issued within ten (10)
working days, the submission shall be considered
automatically approved.
LAND USE TYPE
LAND USE SCHEDULE
APPROXIMATE
ACREAGE
MAXIMUM
NO. OF
DWELLING
UNITS
RESIDENTIAL:
R-I Residential Single-Family 558.4
R-2 Residential Multi-Family 386.4
COMMERCIAL (OFFICES/RETAIL/INTERCBANGE COMMERCIAL):
29.3
41 .8
27.0
4.5
443.3
261.0
101.0
34.9
24.8
2.5
8.4
-5.1
1,925.4 Acres
CR Retail and office
CIC Interchange Commercial
EDUCATIONAL:
E School Site
CIVIC:
VS Village Square
RECREATION AND OPEN SPACE:
GC Golf Course
Water Management/Lakes
Major Rights-of-Way
Parks
R - County Parks
R Open Space/Cypress Heads
MISCELLANEOUS:
Water Tank Site
Power Line Easement
"151,1S, etc.)
TOTAL
3,071
3,907
Maximum amount
of square footage
460,000
6,978
Residential
Dwelling
Units
2-4
2.07
2.08
2.09
2.10
PROJECT DENSITY
The total acreage of The Vineyards property is approximately
1,925.4 acres. The maximum number of dwelling units to be
built on the total acreage is 6,978. The number of dwelling
units per gross acre is approximately 3.62. The density on
individual parcels of land throughout the project may vary
according to the type of housing placed on each parcel of
land.
PERMITTED VARIATIONS OF DWELLING UNITS
Flexibility is to be allowed as to number of units on any
parcel provided the maximum number of R-1 and R-2 are not
exceeded. Provided, however, that the administrator may
allow up to a ten percent (10%) variance in either R-1 or
R-2, so long as the total does not exceed 6,978.
EASEMENTS FOR UTILITIES
Easements shall be provided for water management areas,
utilities and other purposes as may be needed. Said ease-
ments and improvements shall be done in substantial compli-
ance 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 compli-
ance with applicable regulations in effect at the time
approvals are requested.
PERMITTED USES, GENERAL
A)
Churches and other places of worship including convents
and monasteries; rest homes; homes for the aged and the
like; developer's tree farms/landscaping nurseries;
essential services; existing agricultural/farming
interest and activities; model homes; sales centers;
signs; temporary development/construction offices and
other similar and compatible uses as may be approved by
the Zoning Director; along with their accessory uses;
shall be considered as permitted principal rises on all
The Zoning Director may require site plan approval
according to Section 2.05 for any of the above uses
exc{pting essential services and Phase I of the
development.
2-5
164
2.11
c)
The developer's tree farm is intended as an interim use
and shall be discontinued when ninety percent (90%) of
the dwelling units have been constructed in the
Vineyards PUD. Tree farm sales may on~ly be wholesale
with the main intent being for on-site usage.
In the case of churches and other places of worship
the following development standards shall be followed:
1) Minimum site size: 2.0 acres
2) Front yard setbacK: 40 feet
3) Side yard setback: 25 feet
4) Side with setback: as determined through
fractionalization
5) Rear yard setback: 30 feet or building h~.
6) Rear yard setbacks accessory: 10 feet
7) Maximum building height: 50 feet (excluding
towers and the like).
8) Distance between building structures: one-
half the building height.
D)
Development standards for other specific uses listed in
section 2.10(A) of this document shall be similar ~o
their comparables in the zoning ordinance unless in
conflict with any specific provisions of this
document.
SIGNS
2.11.01 GENERAL
a)
Ail County sign regulations shall apply
unless such regulations are in conflict with
the conditions set forth in this section.
b)
For the purchase of this PUD
Document/Ordinance, each fractionalized
parcel shall be considered a separate parcel
of land and shall be entitled to any sign as
permitted herein.
c)
Should any of the signs be requested to be
placed within the public right-of-way, a
"a~pprove6. ~
d) All signs shall be located so as not to cause
sight distance problems.
2-6
2.11.02
2.11.03
A)
ENTRANCE SIGNS
a) Two (2) signs with a maximum a~a of 100 square
feet each or one (1) sign with a maximum area of 160
square feet shall be permitted at each entrance as
shown on the Master Development Plan.
b) Entrance signs shall not exceed a height of twenty
(20) feet above the finished ground level of the sign
site.
c) Entrance signs may be lighted provided all lights
are shielded in a manner which prevents direct glare
into the vision of drivers using the adjacent streets
or into adjacent residences.
PROJECT SIGNS
Project signs, limited to the name, logo and symbols
of the Vineyards, and may not include any information
of an advertising nature, such as units, prices,
specific uses, ...etc., shall be permitted along the
East and West sides of 1-75, the South side of
Vanderbi?t Beach Road, the north side of Pine Ridge
Road, the East side of Airport-Pulling Road, the East
and West sides of Livingston Road Extention, on all
land tracts within The Vineyards limits subject to the
following conditions.
1)
Project signs shall not exceed a height of twenty
(20) feet above the finished ground level of the
sign site nor may the overall area of the sign
face exceed two hundred (200) square feet.
2)
A maximum of five (5) project signs shall be
permitted along 1-75 frontage. The location of
such signs along 1-75 frontage shall generally be
limited to a one-half mile spacing requirement
unless existing vegetation requires a somewhat
closer spacing.
3)
Pro.ject sigos may be lighted provided all lights
glare into the vision of drivers using the
adjacent streets or into adjacent residences.
2-7
2.11.04 COMPARABLE TABLE
a)
In order to determine which zo.n, ing district of
the County Sign Regulations is most comparable
to the land use classifications set forth in The
Vineyards of Naples PUD Document, the following
comparable table shall be used as a guide. In
instances where comparability is not possible
from the use of this table, the final
interpretation shall be made by the Zoning
Director or his designee.
2-8
027 167
VINEYARDS LAND
USE CLASSIFIC~TION
COMPARABLE CLASSIFICATION IN
CURRENT ZONING ORDINANCE
(ORDINANCE 82'2 EXCEPT AS
SPECIFIED OTHERWISE IN THIS
S~CTION.
-R-1 Residential Single-Family and
-R-2 Residential Multi-Family
-CR Commercial-Retail and
Office
-CIC Commercial-Interchange
Commercial
-VS
GC
R
Village Square,
Golf Couise,
Parks, public o~ private,
play grounds, play fields
and commonly owned open
space, etc.
-Miscellaneous Uses such as
water management/lakes, major
rights-of-way, water tank site,
powerline easements, public
service ~fire stations, EMS,
etc.), schools, . . . etc.
- Other
As per Single-Family and/or Multi-
Family districts.
As per C-2 district for automobile
service stations and C-4 district
for all other uses.
As per C-2 district for autov
mobile service stations, RT
district for hotels and C-4
district for other uses.
As per RO district or as pe~
other districts allowing com-
parable uses.
As per exemptions of the sign
regulations
As may be approved by the Zoning
Di£ector or his designee.
2-9
SECTION III
3.01 PURPOSE
SINGLE-FAMILY RESIDENTIAL
The purpose of this Section is to set forth the regulations
for the areas designated as Single-Family Residential.
3.02 MAXIMUM DWELLING UNITS
A maximum number of 3,071 dwelling units may be constructed
in.all of the Single-Family Re3idential Parcels except as
permitted by Section 2.08.
3.03 PERMITTED USES AND STRUCTURES
No building or structure, o~ part thereof, shall be erected,
altered, or used, or land or water used, in whole or in part,
for other than the following: ~'
A) Permitted Principal Uses and Structures
Single Family detached type dwelling structures.
2) Public and private parks, playgrounds, playfields and
commonly owned open space.
B)
Permitted Principal Uses and Structq{es Requirin~ Specific
Site Approval Accordin$ to Section 2.05
1)
Single Family attached type dwelling structures
(villas, cjuster and group housing, townhouses, patio
homes, zero lot-line units, and other similar single
family attached or semi-attached dwellings).
2) Recreational structures, community buildings, utility
structures.
c)
Permitted Accessory Uses and Structures
1) Customary accessory uses and structures, including but
not limited to private garages aad private swimming
2), Model homes shall be permitted in conjunction with
the promotion of the development.
3-1
3.04
3.05
PROPERTY DEVELOPMENT REGULATIONS FOR PERMITTED USES
(Section 3.03A)
3.04.01
GENERAL:
All yards, set-backs, etc., shall' be applied in
relation to the individual lot boundaries.
3.04.02 MINIMUM LOT AREA AND DIMENSIONS:
Area:
Frontage:
10,000 Square Feet
80 Feet Interior Lots
95 Feet Corner Lots
80 Feet Cul-de-sac and odd
shaped lots (measured at
the front yard setback
line).
3.04.03 MINIMUM SETBACKS:
Front:
Side:
Rear:
25 Feet
?.5 Feet One Story
10 Feet Two Story
25 Feet
3.04.04 MAXIMUM BUILDING HEIGHT:
P[incipal Structuces: 2 Living stories plus roof
structure over parking
Accessory Structures: 20 Feet
3.04.05 MINIMUM FLOOR AREA:
a. 1,000 sQ. ft.
PROPERTY DEVELOPMENT REGULATIONS FOR PERMITTED USES
REQUIRING PLAN APPROVAL (Section 3.03B)
3.05.01 GENERAL: All yards, setbacks, etc. shall be
applied in relation to parcel boundaries.
3.05.02 MINIMUM PARCEL AREA & DIMENSIONS
~ection '2.0~.
3-2
,oo {]27
3.06
3.05.03 MINIMUM LOT AREA & DIMENSIONS
Area:
Minimum Parcel Dimension
Along Any Primary Side~
1,500..Square Feet
50 Feet
3.05.04 MINIMUM SETBACKS
To Principal Uses along any
Public Roadway Right-of-Way: 25 Feet
To Principal Uses Adjacent
Development Parcels 10 Feet
To Principal Uses Open Space
or Recreational Areas: 10 Feet
To Accessory Uses, Typical: 5 Feet
To Fencing, Screening and Privacy
Wall not exceeding 7' high: None
To Preserve A£eas: 30 Feet
3.05.05 MAXIMUM BUILDING HEIGHT:
Principal Structures:
2 Living stories plus
roof structure over
parking
A~cessory Structures:
3.05.06 ~£NIMUM FLOOR AREA:
2O
650 Square Feet
OFF-STREET PARKING
Those principal use structures which are identified in
Section 3.03A shall contain a minimum of two (2) spaces per
dwelling unit. The Administrator may permit a lesser
number of parking spaces to be paved when circumstances
indicate infrequent use. However, those unpaved spaces
shall be grassed and reserved for future paving.
3-3
027 171
4.01
4.02
4.03
SECTION IV
MULTI-FAMILY RESIDENTIAL
PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designate.~ as Multi-Family Residential.
MAXIMUM DWELLING'UNITS
A ~aximum number of 3,907 dwelling units may be constructed
in all of the Multi-Family Residential parcels except as
permitted by Section 2.08.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erect-
ed, altered, or t'sed, or land or water used, in whole or in
part, for other than the following:
A) Permitted Principal Uses and Structures
Multi-family dwellings, which is defined as any single
structure containing two (2) or mo.'e separate dwelling
units.-
B) Permitted Principal Uses and Structures Requiring
,Specific Site Plan Approval According to Section 2.05
I) Ail permitted principal uses and structures allowed
by Section 3.03B of this document.
2)
Any permitted structure exceeding the maximum
building height allowed by Section 4.04.04 of this
document but not exceeding ten (10)
habitable/living stories above parking.
C) Permitted Accessory Uses and Structures
Ail permitted accessory uses and structures allowed by
.Sec~f(~ ,3~03C~f.~hi~.~oc~ment~J£n,~ac, c~,~da.nce-with
4-1
4.04
4.05
PROPERTY DEVELOPMENT REGULATIONS
4.04.01
4.04.02
General: Ail yards, set-backs, etc., shall be
applied in relation to the individual parcel
boundaries.
A) MINIMUM PARCEL AREA AND DIMENSIONS:
Area: 1 acre
Frontage: 150 Feet
B) MINIMUM LOT SIZE
None
4.04.03
MINIMUM SETBACKS TO PARCEL BOUNDARIES:
One-half of principal building height with a
minimum of:
Front: 30 Feet
Side: 15 Feet
Rear: 30 Feet
4.04.04 M~XIMUM BUILDING HEIGHT:
Six (6) habitable/living stories above parking
unless otherwise approved under Section 4.03B2
except that a 35 foot height limit shall apply to
all perimeter tracts.
4.04.05 MINIMUM FLOOR AREA: 750 Square Feet
OFF-STREET PARKING
Those principal use structures which are identified in
Section 4.03A shall contain a minimum of two (2) parking
spaces per dwelling unit. The Administrator may permit a
lesser number of parking spaces to be paved when
circumstances indicate infrequent use. However, those
.unpa~e~ sf~ace~ ~ha~l be grassed and reserved for future
4-2
SECTION V
VILLAGE SQUARE
5.01
5.02
PURPOSE
The purpose of this section is to set forth the regulations
for the area designated as Village Square.
PERMITTED USES AND STRUCTURES
No'building or structure or part thereof shall be erected,
altered, or used, or land or water used, in whole or in
part, for other than the following:
A) Principal Uses Requiring Specific Site Plan Approval
It is the intent of the Developer to establish this
area as the "Towne Center" of The Vineyards Project.
The Village Square is envisioned to be the gathering
place for events of special social, political, recrea-
tional, cultural and civic activities. This area is
clearly a mixed-use area in concept and will permit and
allow uses and civic service structures and facilities
such as-fire stations, libraries, post offices, police
stations, museums, theaters, etc.; recreational facili-
ties such as parks, playgrounds, bandstands, nature
areas, athletic fields and courts. In addition, any
other uses not mentioned herein but consistent with the
intent of the Village Square, may be allowed as set
forth herein.
B) Criteria for Approval
No use or structure shall be erected, altered, or used,
or land or water used, in whole or in part, without
specific site plan approval in accordance with Section
2.05. The following criteria shall also be considered
as part of the site development approval process:
Compatability of the proposed use to other uses
wiEh o'ther existing or permitted uses in the immed-
iate surrounding areas.
2) Compatibility with common architectural theme for
the Village Square.
5-1
5.03
c)
3) Appropriate parking, setbacks, lighting, landscap-
ing and site coverage in accordance with the pro-
posed use and its relationship and effect on sur-
rounding land uses.
Permitted Accessory Uses and Structures
1) Caretaker's residence.
2)
Accessory uses and structures customarily associated
with the uses permitted in this section, including
but not limited to, garages, recreational structures,
utility structures and water management facilities.
PROPERTY DEVELOPMENT REGULATIONS
5.03.01
GENERAL: All yards, setbacks, etc., shall be
applied in relation to the individual parcel
boundaries.
5.03.02 MINIMUM LOT AREA AND DIMENSIONS:
As determined by fractionalization, unless the
site is developed as one parcel, in which case
site development plan approval is required in
accordance with Section 2.05.
5.03.03
MINIMUM SETBACKS:
Minimum ~etbacks shall be as required in the
appropriate section hereof or in the zoning code
for the use most closely resembled by the proposed
use in this district.
5.03.04 MAXIMUM HEIGHT OF STRUCTURES:
Village Square
45 Feet
5-2
SECTION VI
COMMERCIAL (RETAIL AND INTERCHANGE COMMERCIAL)
6.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated as Commercial.
6.02 PERMITTED USES AND STRUCTURES
No 'building or structure, or part thereof, shall be
erected, altered, or used, or land or water used, in whole
or in part, for other than the following:
6.02.01 Retail
These areas are to provide an interNediate or middle level
of goods and services. This may include community-type
shopping areas, as well as convenience/neighborhood goods,
along with professional office space. These areas are
designed to serve the motoring public, but basically cater
to residents of The Vineyards.
A)
Permitted Principal Uses and Structures
1) Antique shops; appliance stores; art studio and
supply shops; automobile parts stores; automobile
service stations without repairs.
2)
Banks and financial institutions; barber and beauty
shops; blueprint shops; book stores; bicycle sales
and service; book binders; business machine
services.
3)
Carpet and floor covering sales, including storage
and installation; churches and other places of
worship; clothing stores; commercial rec[eation
uses -- indoor; commercial schools; confectionary
and candy stores; cocktail lounges; child-care
facilities.
~..~ .~)e[icet~e~sens.~,,]epar~-ment.~.to.res; d.rug stores; dry
cl.~ani~g shops~ "dT~, ::~{~d ~t~D~,es~ :.dr. epe-r5' ~/~ops.
5) Educational facilities; electrical supply stores.
6-1
178
6) Fish markets -- retail only; florist shops; food
markets; fraternal and social clubs; funeral homes;
furniture stores; furrier shops.
7) Garden supply stores -- outside display, in side
and rear yards; gift shops; glass and mirror sales;
gourmet shops.
8) Hardware stores; health food stores; hospital and
hospices.
9) Interior decorating showrooms.
10) Ice cre,%m stores; ice sales.
11) Jewelry stores.
12) Laundry -- self service only leather goods; legiti-
mate theaters; liquor stores; locksmith.
13)
Markets -- food; markets -- meat; millinery shops;
motion picture theaters; museums; music stores;
medical offices and clinics.
14) Offices - general; office supply stores.
15)
Paiht and wallpaper stores; pet shops; pet supply
houses; photographic equipment stores; pottery
stores; printing, publishing and mimeographic serv-
ices; private clubs; professional offices.
16)
Research and design labs; radio and television
sales and services; rest homes; restaurants --
including drive-in and fast food restaurants.
17) Stationery stores; sporting goods stores; super--
markets; shoe repair.
18) Tailor shops; taxidermists; tile sales; toy stores;
tropical fish stores.
19) Research and design labs.
nels.
21)
Any other use which is compatible in nature with
the foregoing uses and which the Administrator
determines to be compatible in the district.
6-2
B) Permitted Principal Uses and Structures Requiring
c)
Specific Site Plan Approval
1) Heliports. Heliports shall meet all F.A.A. Regu-
lations and are subject to all governmental laws
and standards.
2) Permitted uses with less than 1,000 square feet of
gross floor area in the principal structure.
3) Car wash; commercial recreation -- outdoor.
4) Shopping centers.
Permitted Accessory Uses and Structures
1) Accessory uses and structures customarilY associ-
ated with the uses permitted in this section.
2) Caretaker's residence, subject to rights of Zoning
Ordinance in effect at the time.
6.02.02 INTERCHANGE COMMERCIAL
Collier County is a unique community and the land uses sur-
rounding the interstate should reflect this. These uses
should exemplify the quality of life which Collier County
residents have come to enjoy and expect. The intent of
these arecs is to satisfy the needs of the traveling pub-
lic, being those persons using the interstate and this
iht ~hange and not just interstate travelers. Recognizing
this ~nterchange as a terminus for some travelers on the
interstate and the unique nature of Collier County, inter-
pretations of compatible uses in these areas shall be
liberal in an attempt to effectuate the purposes set forth
for the benefit of Collier County and the traveling pub-
lic.
A) Permitted Principal Uses and Structures
1) Banks and financial institutions.
~,; --'./2nmme£c:ia! recrmatio, n ---~iadoors.
3) Food markets.
4) Offices -- general and professional.
5) Motels and hotels.
6-3
6) Restaurants and food service, including drive-in or
fast food restaurants. ~
7) Automobile service stations with repairs; vehicle
rentals.
8) Any other use which the Administrator determines to
be compatible in the district.
9) Car wash.
B) Permitted Accessory Uses and Structures
1) Accessory uses and structures customarily associ-
ated with the uses permitted in this section.
2) Caretaker's residence, subject to rights of Zoning
Ordinance in effect at the time.
6.03 PROPERTY DEVELOPMENT REGULATIONS
6.03.01 FRACTIONALIZATION
Pti to fractionalization or development of any commercial'
tract, a g~neral site plan shall be approved as follows:
A writter, request for site plan approval shall be submitted
to the Administrator for approval or denial. The request
shall include materials necessary to demonstrate that the
approval of the site plan will be in harmony with the
intent and purpose of this document. Such material shall
include the following, where applicable:
Site plans at an appropriate scale showing proposed
placement of structures on the property; provisions
for ingress and egress, offstreet parking and off-
street loading areas, yards and other open spaces.
B) Plans showing proposed locations for utilities
hook-up.
D) Plans for proposed signs and lighting.
E)
In the case of cjustered buildings and/or zero lot
line with common architectural theme, required
property development regulations may be waived or
6-4
reduced provided a site plan is approved under this
section.
F)
If approval or denial is not issued within ten (10)
working days of submission, the submission shall be
considered automatically approved.
6.03.02 GENERAL:
All yards, setbacks, etc., shall be
applied in relation to the individual
parcel boundaries.
6.03.03 MINIMUM SETBACKS FROM PARCEL BOUNDARIES:
One-half of principal building height with a minimum
of:
25 feet plus 1 foot for each 2 feet of building
height over 50 feet.
Distance between any two (2i principal structures -
Ten (10) feet or 1/2 the sum of their heights,
whichever is greater, except that in the case of
cjustered buildings with a common architectural
theme these distances may be less provided that a
site plan is approved in accordance with Section
2.05.
PrSncipal commercial buildings shall be setback a
minimum of fifty (50) feet from abutting residen-
tial district. The setback shall include a minimum
of a 25 foot landscaped buffer as approved by the
Administrator.
6.03.04 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE:
One thousand (1,000) square feet per building on
ground floor.
6.03.05 MAXIMUM HEIGHT OF STRUCTURES:
Office 100 Feet
Retail 45 Feet
Interchange Commercial 35 Feet
As may be permitted or required by the applicable
zoning regulations.
6-5
6.03.07 SPECIAL PROPERTY DEVELOPMENT REGULATIONS:
A)
Landscaping, buffer areas and supp%ementary
district zoning regulations that may be applicable
to certain uses above shall be adhered to unless in
conflict with any of the intent or the provisions
specified herein.
B)
Merchandise storage and display. Unless specific-
ally permitted for a given use, outside storage or
display of merchandise is prohibited.
C) Open space requirements will be as contained in the
Zoning Ordinance in effect at the time.
6.03.08 MINIMUM LANDSCAPE REQUIREMENTS:
The project shall comply with the Collier County
Landscape ordinance in effect at the time a permit
is requested or required.
6.03.09 Commercial development shall not exceed 460,000
square feet of commercial space.
6-6
SECTION VII
GOLF COURSE
7.01
7.02
PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated as Golf Course.
PERMITTED USES AND STRUCTURES
No'building or structure, or part thereof, shall be
erected, altered, or used, or land or water used, in whole
or in part, for other than the following:
A) Permitted Principal Uses and Structures
Golf Course
B) Permitted Accessory Uses and Structures
Clubhouses, pro shop, practice driving range and
other customary accessory uses of golf courses, or
other recreational facilities.
2)
Small commercial establishments, including gift
shops, golf equipment sales, restaurants, cocktail
lounges, and similar uses, intended to exclusively
serve patrons of the golf course or other permitted
recreational facilities, subject to the provisions
of the applicable supplementary regulations of the
Zoning Ordinance.
3)
Shuffleboard courts, tennis courts, swimming pools,
and other types of facilities intended for outdoor
recreation.
4)
Roads, pathways, accessory uses and structures
customarily associated with the permitted use,
including.but not limited to utility .structures,
5)
A maximum of two (2) residential units in
conjunction with the operation of the golf course
as determined to be compatible with the adjacent
zoning as determined by the Administrator.
7-1
7.03
c)
Plan Approval Requirements
A site plan of the golf course and its related
facilities shall be submitted in accordance with Section
2.05 of this document. The perimeter boundaries of such
plans shall be recorded in the same manner as a
subdivision plat either before or after construction.
PROPERTY DEVELOPMENT REGULATIONS
7.03.01 General Requirements:
Overall site design shall be harmonious in
terms of landscaping, enclosure of structures,
location of access streets and parking areas
and location and treatment of buffer areas.
n)
Buildings shall be set back a minimum of fifty
(50) feet from abutting.residential districts
and the setback area shall be appropriately
landscaped and maintained to act as a buffer
zone. No parking will be allowed in the
buffer.
7.03.02 Maximum Height of Structures
Three (3) stories over parking.
7-2
8.01
8.02
SECTION VIII
RECREATION AND OPEN SPACE/PARK
PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated as Recreation and. Qpen. Space/Park
as well as areas not otherwise covered.
PERMITTED USES AND STRUCTURES
No-building or structure, or part thereof, shall be
erected, altered, or used, or land or water used, in whole
or in part, for other than the following:
A) Permitted Principal Uses and Structures
Parks, playgrounds and game.courts and fields.
2)Biking, hiking, canoeing and nature trails.
3)Equestrian paths.
4)Nature preserves and wildlife sanctuaries.
5)Outdoor bandstands and amphitheatres.
6)Recreational shelters and restroom facilities.
7) Roads, pathways, accessory uses and structures
customarily associated with the permitted use,
including but not limited to utility structures,
lakes, water management facilities, etc.
Wildlife Management.
9)Landscape nurseries and tree farms.
10) Other compatible uses pursuant to 8.02(c).
11) Educational facilities and schools.
~.ccessory uses and structures customarily
a. ssociated with principal uses permitted in this
District.
8-1
2) Maintenance and storage areas and structures.
C) Site Plan Approval Requirement
Site plans for the proposed uses which are deemed
compatible with above uses by Administrator and not
permitted as principal uses shall be submitted to the
Director in accordance with Section 2.05.
8.03 PROPERTY DEVELOPMENT CRITERIA
A)
Overall site design shall be harmonious in terms of
landscaping, enclosure of structures, location of
access streets and parking areas and location and
treatment of buffer areas.
Principal structures shall be set back a minimum of
fifty (50) feet from abutting residential districts and
the setback area shall be appropriately landscaped and
maintained to act as a buffer zone. No parking shall
be allowed in the setback area.
8-2
027 185
9.01
9.02
SECTION IX
GENERAL DEVELOPMENT COMMITMENTS
PURPOSE
The purpose of this Section is to set forth the standards
for development of the project.
DEVELOPMES~ COMMITMENTS
A)' Energy
1) Construction shall comply with applicable local and
state energy codes.
2)
Reasonable "good faith" efforts to utilize state-
of-the-art energy conservation techniques shall be
made where practically and economically feasible.
Such techniques may include, but not be limite] to
the following:
a) structure orientation and features for passive
solar d, sign
b) £roof overhangs and other artificial shading
device~
c)
trees, shrubs and other vegetation for natural
shading of structures, parking lots, streets
and other areas
d) natural ventilation
e) site design and landscaping utilizing native
vegetation
3)
Deed restrictions and other mechanisms shall not
prohibit or prevent the use of alternative energy
devices such as solar collectors (except when
necessary to protect the public health, safety and
.~e.l£are).
B) Air Quality
The developer shall comply with applicable codes and
apply for required permits relative to air quality.
9-1
C) Transportation
The internal roadway system of the proposed project
including any needed signals and other intersection
improvements shall be constructed by the
deve].oper.
2)
There will be sidewalks, walking paths and bicycle
trails throughout the development. They will be
located along all major roadways. Although they
are not required to be located on the side of all
minor and secondary roads, they will serve all res-
idential and common areas. The sidewalks, walking
paths and bicycle trails shall be addressed in a
site plan review at the time of tract fractionali-
zation. Bike paths will be separate from sidewalks
along all major roadways. Bike paths shall meet
the specifications and requirements of the subdivi-
sion regulations in effect .at the time of develop-
ment.
3)
Developer shall be required to provide intersection
improvements at project access points to County
arterial and collector roadways. The improvements
are to include signalization as warranted, turn
lanes, arterial level street lighting, and other
improvements deemed necessary by Collier County.
4)
Deqeloper-shall provide a fair-share contribution
toward the capital cost of traffic signals at the
intersection of Airport Road and Vanderbilt Beach
Road when deemed warranted by the County Engineer.
The signals shall be owned, operated and maintained
by Collier County.
5)
Developer shall cause to be provided arterial level
street lighting at all project accesses along
perimeter roadways, or shall annually reimburse the
County fo~ doing so.
6)
7)
Developer shall improve at the time of connection
with the internal road system, 4th Avenue SW and
5. th Avenue NW between the project boundary and
Logan Boulevard to County standards as set forth in
Developer shall provide a right-of-way of 150 feet
for the portion of Livingston Road within the pro-
9-2
8)
9)
ject and a right-of-way of 75 feet for the portion
abutting the project.
Developer shall pay'its fair share towards the
improvements on the following roadways:
a) Vanderbilt Beach Road from US-41 to Airport
Road;
b) Vanderbilt Beach Road from Airport Road to Isle
of Capri Road;
Airport Road from Immokalee Road to Pine Ridge
Road;
Livingston Road from Immokalee Road to Pine
Ridge Road;
Oaks Boulevard or Logan. Boulevard from Immokalee
Road to Vanderbilt Beach Road (see note below;
Logan Boulevard from Vanderbilt Beach Road to
Green Boulevard;
Isle of Capri Road (S.R. 951) from Inm~kalee
Road to Green Boulevard;
Pine Ridge Road from 1-75 to Isle of Capri
Road;
Pine Ridge Road from U.S. 41 to Go¢~dlette-Frank
Road;
j) Immokalee Road from U.S. 41 to S.R. 951.
Note: The obligation is to share in the cost of
improving either Oaks Boulevard or Logan Boulevard
(but not both) depending upon which roadway is
later determined to become a major collector.
The Developer shall also pay its fair share towards
the improvements to the following intersections, to
a) Pine Ridge and Airport Road;
b) Immokalee Road and Oaks Boulevard;
9-3
D)
C) Immokalee Road and Airport Road;
Pine Ridge Road and U.S. 41;
Pine Ridge Road and Livingston Road;
f) Immokalee Road and Livingston Road.
The Developer's fair share shall be determined by
the percentage of level of service "c" of the
improved segment contributed by the Vineyards
project, based upon actual traffic counts at the
time level of service "c" is exceeded.
10) In the event an impact fee is adopted by Collier
County, this fee may be substituted for the "fair
share" specified. Payments previously made by the
Developer shall be credited toward the impact fee.
water Management
Detailed site drainage plans shall be submitted to
the Water Management Advisory Board for review on a
phase by phase basis, as outlined in the DRI. No
construction permits shall be issued unless and
until approval of the proposed construction in
acdordance with the submitted plans is granted by
the Water Management Advisory Board.
2)
Excavation permits will be required for the
proposed lakes in accordance with Collier County
Ordinance No. 80-26, as amended by Ordinance No.
83-3, and as may be amended in the future.
3)
Developer shall be responsible for the following
along its entire Airport Road (CR 31) frontage in
coordination with proposed Airport Road improvement
plans:
a)
Construct necessary improvements to the borrow
canal along the east side of Airport Road.
Such construction to occur when the portion of
the Vineyards adjacent to Airport Road is
c~s~ructe~Tr~~ct.i~w!%b~?t~he~jacent
Airport Road improvement project -- whichever
occurs first.
9-4
4)
b)
Preparation of necessary additional easements
along the east side of the improved borrow
canal to allow for construction of a travelway
for use by the County's maintenance equipment.
Such easement to be 20' wide and restricted
against permanent structures; use of the
easement for activities that will not interfere
with occasional County maintenance will be
allowed.
c)
Installation of properly sized culverts at
proposed entrance road locations placed on the
relocated canal centerline, at such time as
driveways are installed.
As part of the project's Phased development the
Developer shall cooperate with the County's Water
Management Department in.implementing the
recommendations of the "D-2 Canal Drainage System
Study" dated September, 1984, as follows:
a)
Improvements to the D-2 Canal including water
level control structures along and parallel to
1-75 from Pine Ridge Road north to the proposed
Vanderbilt Beach Road:
1)
Performing necessary field surveys anJ
preparing detailed construction plans and
specifications for use in the construction
of the proposed canal improvements and
water level control structures.
2)
Providing County Staff with necessary legal
descriptions for additional maintenance
travelway easement, where necessary, along
the east side of the improved D-2 Canal.
Such easement to be 20' wide and restricted
against permanent structures [excluding wells]
-- use of the easement for activities that
will not interfere with occasional County
maintenance will be allowed. Easements to be
,~s~bm/tted-~wi~hi~ ~thr, ee .~onths'of ~County
3)
Submittal of necessary permits to
appropriate agencies for the proposed canal
improvements. Such applications to be
9-5
027 190
5)
submitted upon completion of the work set
forth in 4(a)(2).
4)
Preparation of an agreement between
Developer and County to obligate Developer
for 100% of the total construction cost of
the proposed canal improvements and water
level control structures or to construct
the referenced improvements and control
structure.
5)
Performing necessary field layout surveys
during the construction phase of the
proposed improvement projects and other
assistance to County Staff as required by
the County in its inspection of the
proposed canal improvements and water level
control structures.
6)
The work specified in 4(a) (1-5) hereof shall
be phased in conjunction with the Developer's
phasing of its project. The south one mile of
the D-2 Canal (Pine Ridge Road to one mile
north) shall be constructed in conjunction
with the Project's Phase I. The remainder of
the D-2 Canal improvements shall be
constructed during that Phase of the project's
development abutting the north Section of the
D-2 Canal (Vanderbilt Beach Road to Phase I
work). The Water level control structure is
to be located immediately north of the Pine
Ridge intersection with the D-2 Canal.
Structure design shall be initiated by July 1,
1987, with structure construction to follow
immediately upon receiving all necessary
permits, the anticipated completion date is
April, 1988.
The developer further agrees to cooperate with the
County regarding water management as follows:
a)
Construct or reconstruct off-site drainage swale
along entire east boundary as may be necessary to
Estates area ~rom any ~looding impacts that,may be
caused by this project.
9-6
6)
E)
b)
The Public Works Department reauested that the
Developer dedicate a 30 foot wide drainage
easement along the north project property line
(a/k/a south right-of-way line and section line
of Vanderbilt Beach Road) between Airport-Pulling
Road and 1-75 to help provide drainage design
requirements.
As depicted on the Master Development Plan, lakes and
natural retention areas have been sited adjacent to
roadways. The goals of this are to achieve an overall
ae~'thetic character for the project, to permit optimum use
of the land, and to increase the efficiency of the water
man;]gement network. Accordingly, the setback requirements
described in Ordinance 80-26, Section SA, or any
ame'adments thereto, may be reduced with the approval of
the County Engineer. Fill material from lakes is planned
to be utilized within the project, however, excess fill
material may be utilized off-site.
Administrative approval from the County Engineer and the
Planr~ing-Zoning Director shall be required to assure no
negative impacts on surrounding residential properties and
on impacted roads. Mitigation measures may be required if
deemed appropriate and necessary by the County Engineer
and/or Planr~ing/Zoning Director.
Utilities
1)
The development shall be in substantial compliance
with applicable laws and ordinances governing
utility provisions and facilities.
2)
Telephone, power and television cable service shall
be made available to the site.
3) Water:
a)
A central water distribution and system will be
constructed throughout the project development by the
Developer or his assigns pursuant to all current
requirements of Collier County and the State of
Florida. Water facilities constructed within platted
~:[~ts~.f-w~'~r.~i.~-hic~t~lity easements required by
ownership, operation and maintenance purposes. 'All
water facilities constructed on private property and
not required by the County to be located within
9-7
b)
c)
d)
e)
'~tility easements shall be owned, operated and
maintained by the Developer, his assigns or
successors. Upon completion of construction of the
water facilities within the proje'ct the facilities
will be tested to insure they meet Collier County's
minimum requirements and they will be conveyed or
transferred to the County, when required by the
Utilities Division, pursuant to appropriate County
Ordinances and Regulations.
A~i construction plans and technical specifications
and proposed plats, if applicable, for the proposed
water distribution facilities must be reviewed and
approved by the Utilities Division prior to
commencement of construction.
All customers connecting to the water distribution
facilities will be customers of the County and will be
billed by the County in accordance with the County's
established rates. Should the County not be in a
position to provide water service to the project, the
water customers shall be customers of the interim
utility established to serve the project until the
County's central water facilities are available to
serve the project. For interim utility systems, rates
shall be as approved by the Florida Public Service
.~ystem.
It is anticipated that the County Utilities
Division will ultimately supply potable water to
meet the consumptive demand generated by this project.
Should the County system not be in a position to
supply potable water to the project at the time
development commences, the Developer, or an interim
utility system, at his or its expense, will install
and operate interim water supply and on-site treatment
facilities adeauate to meet all requirements of the
appropriate regulatory agencies.
An Agreement shall be entered into between the County
and the Owner, legally acceptable to the County, prior
to the approval of construction documents for the
proposed project, stating that:
i)
The proposed water supply and on-s~te treatment
facilities if required, are to be constructed as
part of the proposed project and must be regarded
as interim; they shall be constructed to State and
9-8
Federal standards and are to be owned, operated
and maintained by the Owner, his assigns or
successors or a Public Service Commission approved
utility company until such~time as the County's
Central Water Facilities are available to service
the project. The Florida Public Service
Commission shall set the rates for providing
processed water to the project area on such
interim basis until the County's central water
facilities are available to serve the project.
ii) Upon connection to the County's Central Water
Facilities, the Owner, his assigns or successors
shall abandon, dismantle and remove from the site
the interim water treatment facility and
discontinue use of the water supply source, if
applicable, in a manner consistent with State of
Florida standards. All work related with this
activity shall be performed at no cost to the
County.
iii)Connection to the County's Central Water
Facilities will be made by the Owners, their
assigns or successors at no cost to the County.
Upon written notification that the County's water
facilities are available for connection, the
Developer, his assigns or successors shall submit
construction documents regarding the connection to
the Utilities Qivision within ninety (90) days
and, shall subsequently complete construction and
activation of those facilities no later than one
hundred eighty (180) days after the approval of
construction drawings. The cost of connection
shall include, but not be limited to, all
engineerin~ design and preparation of construction
documents, permitting, interconnection with County
central facilities, and water lines necessary to
make the connection(s), etc.
iv) At the time the County's central water facilities
ar~ available for the project to connect with, the
foilowing water facilities shall be conveyed to
~he~Connt~u.~aant~t~appr~p~iate~County
a) Ail water facilities constructed in publicly
owned rights-of-way or within utility easements
9-9
required by the County required to make connection
with the County's central water facilities; or
b) Ail water facilities required to connect tke
project to the County's central water facilities
when the onsite water facilities are constructed
on private property and not required by the County
to be located within utility easements, including
but not limited to the following:
i)
Water distribution facilities from the
point of ccnnection with the County's
central facilities to the master water
meter serving the project, including all
utility easements necessary.
v)
The customers served on an interim basis by the
utility system constructed by the Owners shall be
customers of the County at the time when County
central water facilities are available to serve
the project and such connection is made. Prior to
connection of the project to the County's central
water facilities the Owner, 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 Owners 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 service billing
for the project.
vi) All construction plans and technical specifica-
tions related to connections to the County's
Central Water facilities will be submitted to the
Utilities Division for review and approval prior
to commencement of construction.
vii)The Owners, their assigns or successors shall
agree to pay all applicable system development
cb%rges for water at the time that Building
Permits are required, pursuant to appropriate
County Ordinances and Regulations in effect at
shall be made known to a~ prospective'buyers of
properties for which b~ilding permits will be
9-10
required prior to the start of building
construction.
viii) The County, at its option, may lease for
operation and maintenance the water
distribution system to uhe project owner or his
assigns for the sum of $10.00 per year. Terms of
the lease shall be determined upon completion of
the proposed utility.construction and prior to
activation of the water supply, treatment and
distribution facilities. The lease, if required,
shall remain in effect until the County can
provide water service through its central
facilities or until such time that bulk rate water
service agreements are negotiated with the interim
utility system serving the project.
f)
In lieu of the provisions of Paragraph E.3.e), the
County and the Developer and/o~ a utility company
formed to serve The Vineyards may enter into an
agreement regarding the provision of water services to
the project on an interim basis.
g)
If an interim on-site water supply, treatment and
transmission facility is utilized to serve the
proposed project, it must be properly sized to supply
-average and peak day domestic demand. In addition,
-fire flow demand will be available at a rate approved
by the appropriate Fire Control District serve the
project area through the interim on-site water supply
or other source as approved by the appropriate Fire
Control District.
h)
When the County has the ability to provide water
supply and distribution services, the Vineyards will
be responsible to connect to these facilities at a
point to be mutually agreed upon by the County and the
Vineyards owner, with the Vineyards assuming all costs
for the connection work to be performed.
~)
A water storage tank and repump site shall be provided
by the Owner on-site of a size and location to be
mutually agreeable to the County and the Vineyard's
reqUire~ tO'install ~ water st'orage'~ta~k ~on-s'i~te if
County water facilities are not available at the time
developmeDt commences, and the Developer elects to
install an interim on-site water facility. Should the
9-11
j)
4)
a)
County desire to oversize these facilities, in
anticipation of future demands and growth when the
County's water facilities are available to serve the
project, the County shall negotiate a satisfactory
method of reimbursement to the Developer for such
oversizing.
As an alternative to Paragraph 13 hereof, Developer
and County may agree on a payment in lieu of the
storage tank and repump site, providing County
agrees to provide written assurance of adequate
water supply and pressure to serve the project to
build-out.
1) Ail interim wells constructed shall be abandoned
as required by applicable County and State
requirements after the permanent water facilities are
constructed and connected to.
Sewase:
A c~ntral sewage collection and transmission systems
will be constructed throughout the project development
by the Developer, his assigns, or a Public Service
Commission approved utility company pursuant to all
current requirements of Collier County and the State
-of Florida. Upon completion of construction of the
sewer facilities within the project the facilities
will be tested to insure they meet Collier County's
minimum requirements.
Septic tanks shall be permitted by the County in
certain relatively isolated and small uses and areas
such as but not limited to rest stations within the
Golf Course, which shall be abandoned and connected to
permanent sewer facilities as and when required by
state law or county ordinance~ All interim septic
tanks constructed shall be abandoned as reauired by
applicable County and State requirements after the
permanent sewer facilities are constructed and
connected to.
.Ail coastruction plans and technical specifications
sewage collection and transmission facilities must be
reviewed and approved by the Utilities Division prior
to commencement of construction.
9-12
c)
d)
The County Utilities Division is not currently in a
position to receive and treat the sewage generated by
this project. It is anticipated~ that it will be
approximately ten (10) years before the County
Utilities Division is in a position to receive and
process sewage from this project. In the interim, the
Developer or an interim utility company, at his or its
expense, will install and operate interim on-site
sewage treatment and disposal facilities adequate to
]neet the requirements of the appropriate regulatory
agencies.
An Agreement shall be entered into between the County
and the Owner, legally acceptable to the County, prior
to the approval of construction documents for the
proposed project, stating that:
i)
The proposed on-site wastewater treatment and
disposal facilities are to be constructed as part
of the proposed project and must be regarded as
interim; they shall be constructed to State and
Federal standards and are to be owned, operated
and maintained by the Owner, his assigns or
successors or a Public Service Commission approved
utility company until such time as the County's
Central Sewer Facilities are available to service
- the project. The Florida Public Service
Commission shall set the rates for providing
sewage treatment to the project area on such
interim basis until the project is connected to
the County's central sewer facilities.
ii)
Upon connection to the County's Central Sewer
Facilities, the Owner, his assigns cr 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.
iii) Connection to the County's Central Sewer
Facilities will be made by the Owners, their
assigns or successors at no cost to the County.
Upon written notification that the sewer
'~'.~uDi~i~iez ..'~ra...,~.vai=]abl.e ~o.r ;~r~nnec~ion, the
Developer, his assigns or successors shall submit
construction documents regarding the connection to
the Utilities Division.
9-13
within ninety (90) days and, shall subsequently
complete construction and activation of those
facilities no later than one hundred eighty (180)
days after approval of construction drawings. The
cost of connection shall include, but not be
limited to, all engineering design and preparation
of construction documents, permitting,
modification or refitting of sewage pumping
facilities, interconnection with County central
facilities, and sewer lines necessary to make the
connection(s), etc. The Vineyards will be
responsible to connect to these County facilities
at a point to be mutually agreed upon by the
County and The Vineyards owner, with The Vineyards
assuming all costs for the connection work to be
performed.
iv) Ail sewer facilities constructed within platted
rights of way or withi~ utility easements or
otherwise required by appropriate County
Ordinances or Regulations to dedicated or conveyed
and transferred to the County will be so
dedicated, conveyed or transferred by documents
acceptable to the County Attorney, which documents
shall be held in escrow during the term of this
Agreement, but shall be effective to vest in ~the
County full ownership of facilities when the
County Central Sewer facilities are available to
serve the project. From and after connection to
the County Sewer Facilities, any further sewer
facilities constructed on the Project shall be
dedicated to the County pursuant to appropriate
County ordinances and regulations in effect at the
time conveyance or transfer is required, prior to
being placed into service.
v)
At the time of connection of the Project to the
County's central sewer facilities any of the
following sewer facilities which have not
previously been conveyed to the County by escrowed
conveyances shall be conveyed to the County
pursuant to appropriate County Ordinances and
Regulations in effect at the time:
Ali sewer'faci'iftie5 Co'nstT~Ct~ .'in'~ublicly
owned rights-of-way or within utility
easements required by the County within the
project limits and those additional facilities
9-14
required to make connection with the County's
central sewer facilities; or
2)
Ail sewer facilities required to connect the
project to the County's central 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 main sewage lift station and force main
interconnecting with the County central
facilities including all utility easements
necessary.
vi) The customers served on an interim basis by the
utility system constructed by the Owners shall be
customers of the County at the time provided for
in said Agreement. Prior to connection of the
project to the County's central sewer facilities
the Owner, ?lis assigns, or private utility company
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 Owners (which
term includes all successors, assigns and any
interim utility company providing the services
contemplated hereunder) 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.
vii] Ail construction plans and technical specifica-
tions related to connections to the County's
Central Sewer facilities will be submitted to the
Utilities Division for review and approval prior
to commencement of ccnstruction.
viii) The Owner, their assigns or successors shall agree
to pay all applicable 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
.~eq~est, ~a?rec~ment..shal!,bemade .known~to
building permits will be required prior to the
start of building construction.
9-15
F)
e)
f)
Data required under County Ordinance No. 80-112
showing the availability of sewage service, must be
submitted and approved by the Utilities Division prior
to approval of the construction documents for the
project. Submit a copy of the approved DER permits
for the sewage collection and transmission systems and
the wastewater treatment facility to be utilized, upon
receipt thereof.
?he project's owner(s), his assigns or successors
shall negotiate in good faith with the County for the
use of treated sewage effluent within the project
limits, for irrigation purposes. The Owner would be
responsible for providing all on-site piping and
pumping facilities from the County's point of delivery
to the project and negotiate with the County to
provide full or partial on-site storage facilities, as
required by the DER, consistent with the volume of
treated wastewater to be .utilized.
Exceptions to C.ounty Subdivision Regulations
Article X, Section 19: Street name signs shall be
approved by the County Engineer but need not meet
U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control
Devices. Street pavement painting, striping, and
reflective edging requirements shall be subject to
county ~engineer approval, but need not meet standard
county requirements.
2)
Article XI, Section 17.F & G: Street right-of-way and
cross-section for the road shall be as shown on
Exhibit "B".
3)
Article XI, Section 17.H: The 1,000 feet maximum
dead-end street length requirement shall be waived.
4)
Article XI, Section 17.I: Back of curb radii may be
reduced to 30 feet at local intersections only,
otherwise all radii shall be 40 feet.
5)
Article XI, Section 17.K: The requirement for 100 feet
tangent sections between reverse curves of streets may
';;E'~_~uc'ed~:~,'~SC,.~',~or.::'~oce,~..~ads.'~only~d all
'oTher roa6s 'shaT'l~be 'buil~ with ~a'mir~mam of ~O~) feet
tangent.
9-16
.G)
6)
Article XI, Section 21: The requirement for blank
utility casings shall be subject to county engineering
approval, but need not meet standard county
requirements. ~.-
7)
Article XI, Section 10: The requirement for reference
markers to be placed in water valve covers is waived;
subject to all monuments shall be installed according
to minimum state standards and as approved by the
County Engineer.
Environmental Stip.ulat~ons
1)
Petitioner shall be subject to Ordinance 75-21 (of the
tree/vegetation removal ordinance in existence at the
time of permitting), requiring the acquisition of a
tree removal permit prior to any land clearing. A
site clearing plan shall be submitted to the Natural
Resources Management Department and the Community
Development Division for their review and approval
prior to any substantial work on the site. This plan
may be submitted in phases to coincide with the
development schedule.~ The site clearing plan shall
clearly depict how the final site layout incorporates
retained native vegetation to the maximum extent
possible and how roads, buildings, lakes, parking lots
~nd other facilities have been oriented to accommodate
~his goal.
2)
Native species shall be utilized, where available, to
the maximum exteDt possible in the site land
scaping 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 at the re-creation of
native vegetation and habitat characteristics lost
on the site during construction or due to past
activities.
3)
All exotic plants, as defined in the County Code,
~hall.be.-~emo~5..~u~i~g.:~ach.~h~se.~f~ns~ruct,ion
'~'rt~ deve'lopment area~,-~pen-~pat~e'.-a~re~s, a.n~ ,pre-
serve areas. Following site development, a main-
tenance program shall be implemented to prevent
reinvasion of the site by such exotic species.
9-17
4)
5)
6)
7)
This plan, which will describe control techniques
and inspection intervals, shall be filed with and
approved by the Natural Resources Management
Department and the Community Development Division.
If, during the course of site clearing, excavation
or other constructional activities, an archaeologi-
cal or historical site, artifact or other indicator
is discovered, all development at that location
shall be immediately stopped and the Natural
Resources Management Department notified. Develop-
ment will be suspended for a sufficient length of
time to enable the Natural Resources Management
Department or a designated consultant to assess the
find and determine the proper course of action in
regard to its salvageability. The Natural Resources
Management Department will respond to any such
notification in a timely and efficient manner so as
to provide only a minimal interruption to any
constructional activities.
Ail reserve areas shall be flagged and surveyed
prior to platting and construction.
The historic hydro-period in the cypress head shall
become the water elevation control for the lake
~here the cypress heads are situated.
Developer commits to maintain and preserve the three
cypress heads and associated wetland vegetation as a
preservation area in perpetuity. Developer will use
its best efforts to maintain and enhance the cypress
vegetation existent thereon and to prevent damage as a
result of development of adjacent residential parcels.
Developer further commits:
a)
not to apply for, seek or accept rezoning on
said parcel;
b)
to restore, revegetate and otherwise mitigate
any damage to the cypress head occurring while
it has control of The Vineyards Project;
mechanisms, ensure that the comu:itment set
forth above run with the land and become an
obligation on future owner(s); and
9-18
H)
d)
to coordinate with the County Environmentalist
regarding the advisabi~ty of preserving the
understory in the cypress heads and the removal of
any exotic species. ~-
Miscellaneous
1)
Access to the project shall be restricted to those
access points shown on Exhibit "A" hereto, provided
that the location of the accesses to commercial
parcels shall be approved by the County Engineer.
2~
In the event that the county park site is taken for
use as an interchange for 1-75 prior to the
development of the school site, or within seven (7)
years, whichever first occurs, Applicant agrees to
provide an alternative park site comparable in size in
said development. Developer agrees to provide minor
landscaping and make other minor improvements to the
county park site if it is utilized as a park site.
Landscaping and improvements shall be accomplished
when Vanderbilt Beach Road or internal roads are
completed providing access to the park.
3)
Developer has agreed to donate a site for a fire
station not to exceed 1.25 acres. The site shall
be located within the Public Service Area or as may
btherwise be agreed between Developer and North Naples
Fire Department. Developer shall consult with the
North Naples Fire District and the Golden Gate Fire
District to determine if a mutual slte can be agreed
upon. If not, Developer agrees to donate a site to
the Golden Gate Fire District of not more than one (1)
acre in a location in the southeastern portion of the
project to be determined by Developer.
MASTER DEVELOPMENT PLAN
EXHIEIIT B
TH[ VIN£YARD$ D£VI;LOPtaENT CORPOI~ATION
REVISED JUNE 1987
· HIOHWAY
1-7'5
>"
LIJ X
hJ
i
A 12" STABILIZED SUBGRADE, LBR 40
B SECTION 1, 8" LIMEROCK BASE
SECTION 2, 6" LIMEROCK BASE
· .',.: . -. :. ::SECT;ION. ';,'~,?-', '=.~,~SI:~IAL"f;~ C '~CONG~. · ,:T~.PE '~ '..OR ..S- .1
SECTION 2, 1" ASPHALTIC CONCRETE, TYPE S OR S-1
O SLOPE TO MEET EXISTING GRADE '~ m H E
E SIDEWALK, 4' WIDE
VINEYARDS"
NOTES: EXHIBIT "B"
1. VALLEY (.,;UTTER SHOWN; ALTERNATE CURB AND CU'I-rER WHERE PERMI'I-I'ED.
2. SIDEWALl< TO HAVE A MEANDERING ALIGNMENT.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
ORDINANCE NO. 87-44
which was adopted by the Board of County Commissioners on the
2nd day of June, 1987, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this llth
day of June, 1987.
JAMES C. GILES ' ~'~ "'"
~x-ofTic'io 'to The ~o~'~d of
County Commissioners : :
/9/''
',"...~...., ..' ~ ~
LoUise Cheson~is .."'
Deputy Clerk