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Ordinance 87-075ORDINANCE 87- 75 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER &6-29-9 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RSF-3 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS DAVENPORT PUD, ...~:~,'i'FOR SINGLE FAMILY, MULTI-FAMILY, AND MOBILE HOME --~[~>'RENTAL PARK USES, 187 UNITS TOTAL, FOR PROPERTY i~'~LOCATED IN I,~OKALEE, ON THE NORTH SIDE OF IMMOKALEE DRIVE, WEST OF NORTH 18TH STREET, AND SOUTH OF 8TH AVENUE, IN SECTION 32, TOWNSHIP 46 SCUTH, RANGE 29 EAST, -*29 ACRES; AN~D P'ROVIDING AN EFFECTIVE DATE. WHEREAS, Dr. Neno J. Spagna, 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 32, Township 46 South, Range 29 East, Collier County, Florida is changed from RSF-3 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 46-29-9, aa 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: October 6, 1987 '.'~TTEST: ."JAMES C, GIL~S, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '~ '. . Virginl~ Magri, Dep~rty Clerk %his o~lnance filed with the ..% ~ .~~~.t~/~' and ack~,edgement of ~at ASSIST~T CO~ ATTORNEY R-87-19C P~ Ordinance EXHIBIT A REZONE PET1TION 'k~ROM RSF-3 SINGLE FAMILY RESi- DENTIAL TO PUD (PLA. NNED UNiT DEVELOPMENT) ". ROBERT E. DAVENPORT 1109 MARJORIE STREET IMMOKALEE, FLOR/DA 33934 ENGINEERS BRUNS AND BRUNS, INC. 529 THIRD STREET SOUTH NAPLES, FLORIDA 33940 PLANNING CONSULTANT DR. NENO J. SPAdNA, AXCP, PRE~ FLORIDA URBAN INSTITUTE, INC. 3850 27 AVENUE ~W. -NAPLES, FLORIDA 33964 DATE ISSUED DATE APPROVED BY CCPA DATE APPROVED BY BCC ORDINANCE NUMBER REVISED 5127187 REVISED 6/5/87 REVLSED 9121187 °o . SUBJECT TABLE OF CONTENTS TABLE OF CONTENTS SECTION 1 1.1 PURPOSE 1.2 LEGAL DESCRIPTION 1.3 PROPERTY fTWNERSHIP 1.4 GENERAL DESCRIPTION OF PROPERTY 1.5 CURRENT ZONING 1.6 COMPREHENSIVE PLAN 1.7 PHYSICAL DESCRIPTION 1.8 ENVIRONMENTAL IMPACT STATEMENT SECTION 2. (PROJECT DEVELOPMENT) 2.1 PURPOSE 2.2 GENERAL 2.3 MASTER PLAN AND LAND USE 2.4 PHASES OF DEVELOPMENT 2.5 DEVELOPMENT AND FRACTIONALIZATION OF TRACTS 2.6 SITE DEVELOPMENT PLAN APPROVAL PROCESS 2.7 MAINTENANCE OF COMMON AREAS 2.8 ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY 2.9 RECREATIONAL OPEN SPACE FOR MOBILE HOME PARK 2. 10 POLLING PLACES 2.11 FIRE HYDRANTS 2.12 RECREATIONAL FACILITIES 2.14 MAXIMUM NUMBER OF UWELLING UNITS SECTION 3 (LAND USE REGULATIONS FOR PARCEL 1.) 3.1 PERMITTED PRINCIPAL USES AND STRUCTURES 3.2 PERMITTED ACCESSORY USES AND STRUCTURES 3.3 PERMITTED PROVISIONAL USES AND STRUCTURES 3.4 PROHIBITED USES AND STRUCTURES 3.5 DEVELOPMENT STANDARDS SECTION 4 (LAND USE REGULATIONS FOR PARCEL 2.) 4. 1 PERMITTED PRINCIPAL USES AND STRUCTURES 4.2 PERMITTED ACCESSORY USES AND STRUCTURES 4.3 PERMITTED PROVISIONAL USES AND STRUCTURES 4.4 PROHIBITED USES AND STRUCTURES 4.5 DEVELOPMENT STANDARDS SECTION 5 (LAND USE REGULATIONS FOR PARCEL 3.) 5.1 PERMITTED PRINCIPAL USES AND STRUCT~WF~ 5.2' PERMITTED ACCESSORY USES AND STRUCTURES -i- PA GE NUMBER -t- -1- -1- -2- -2- '--6-- -8- -8- -10- SUBJECT 5.3 PERMITTED PROVISIONAL USES AND STRUCTURES 5.4 PROHIBITED USES AND STRUCTURES 5.5 DEVELOPMENT STANDARDS SECTION 6 (GENERAL DEVELO~E~? ~EQUI~ENTS). 6.1 6.2 6.3 6.4 6.5 6.6 PURPOSE PUD MASTER PLAN WATER MANAGEMENT PRIVATE ROADS SOLID WASTE ELECTRICITY, TELEPHONE, CABLEVISION SECTION 7 (DEVELOPMENT COMMITMENTS) 7.1 ENVIRONMENTAL PROTECTION 7.2 WATER MANAG~ENT ADVISORY BOARD 7.3 TRAFFIC ENGINEER 7.4 COUNTY UTILITIES 7.5 ENVIRONMENTAL HEALTH DEPARTMENT 7.6 FIRE DISTRICT 7.7 ENGINEERING DEPARTMENT 7.8 SUBDIVISION REVIEW COMMITTEE 7.9 MISCELLANEOUS REQUIR~ENTS EXHIBITS EXHIBIT A. E)fH IB IT B. EXHIBIT C. EXHIBIT D. EXHIBIT E. EXHIBIT F. EXHIBIT G. FDOT DESIGN STANDARDS GEORGE F.' ARCHIBALD LETTER, OCTOBER 22, 1986 GEORGE F. ARCHIBALD LETTER, NOVEMBER 25, 1986 THOMAS A. DONEGAN LETTER, SEPTEMBER 29, 1986 LOUIS H. STIRNS LETTER, OCTOBER 5, 1986 LOUIS H. STIRNS LETTER, JANUARY 12, 1987 H. E. HUBER LETTER, JANUARY 19, 1987 -ii- PAGE -10- -10- -10- -12- -12- -12- -12- -12- -12- -12- -13- -13- -1.4- -14- -15- -15- -16- -16- -16- -17- -19- -21- -22- -24- -29- -30- -31- SECTION 1.1 PURPOSE THE PURPOSE OF THIS SECTION IS TO SET FORTH THE LOCATION AND OWNERSHIP OF THE PROPE~, AND TO DESCRIBE THE EXISTING CONDI- TIONS OF THE PROPERTY PROPOSED TO BE DEVELOPED. 1. 2 LEGAL DESCRIPTION ~ SW 1/4 OF SE 1/4 OF SECTION 32, TWP. 46S, RANGE 29E COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING: THE SOUTH AND EAST 30.00', AND THE NORTH 60.00', A_ND SOUTH 496.70' OF THE EAST 30.00' OF THE WEST 1/2 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 32, TWP. 46S., RANGE 29E, COLLIER COUNTY, FLORIDA, AND EXCEPT THE PARCELS LISTED ON O.R. BOOK 1056, PG. 1641, RECORDS OF COL- LIER COUNTY, FLORIDA. 1.3 PROPERTY OWNERSHIP 1.4 1.5 THE SUBJECT PROPERTY IS OWNED BY: ROBERT E. DAVENPORT 1109 MARJORIE STREET IMMOKALEE, FLORIDA 33934 GENERAL DESCRIPTION OF PROPERTY THE PROJECT SIT~ IS LOCATED ON THE NORTH SIDE OF IMMOKALEE DRIVE, WEST OF N. 18TH STREET ABOUT 1/2 MILE WEST OF SR29. CURRENT ZONING 1.6 .THE CURRENT ZONING IS RSF-3 RESIDENTIAL, SINGLE FAMILY DISTRICT. COMPREHENSIVE PLAN ..... THE REQUESTED ZONING COMPLIES WITH THE COLLIER COUNTY COMPREHEN- SIVE PLAN. 1.7 1.8 PHYSICAL DESCRIPTION THE PROJECT SITE CONSISTS OF APPROXIMATELY 29 ~CRES OF LAND. THE EXISTING ELEVATION RANGES FROM 33.4 FEET NGVD TO 37.4 FEET NGVD. ENVIRONMENTAL IMPACT STATEMENT AS REQUIRED BY ORDINANCE 77-66 (1) ENVIRONMENTAL IMPACT STATEMENT PROVIDED WITH ORIGINAL PUD DOCUMENT. SECTION 2 PROJECT DEVELOPMENT 2.1 PURPOSE THE PURPOSE OF THIS SECTION IS TO DELINEATE AND GENERALLY DESCRIBE THE PROJECT ~Lk~. OF DEVELOPMENT, THE RESPECTIVE USES OF THE PARCELS INCLUDED IN THE PROJECT, AS. WELL AS THE PROJECT CRITERIA FOR FUTURE DEVELOPMENT. 2.2 GENERAL REGULATIONS FOR DEVELOPMENT OF THIS PROJECT SHALL BE IN ACCORDANCE WITH THE CONTENTS OF THIS DOCUMENT, PUD-PLANNED UNIT DEVELOPMENT DISTRICT~ AND, OTHER APPLICABLE SECTIONS AND PARTS OF THE COLLIER COUNTY ZONING ORDINANCE AS INTER- PRETED BY THE COLLIER COUNTY ZONING DIRECTOR. UNLESS OTHER~ISE NOTED, THE DEFINITIONS OF ALL TERMS SHALL BE THE SAME AS THE DEFINITIONS SET FORTH IN THE COLLIER COUNTY ZONING ORDINANCE. 2.3 MASTER PLAN AND LAND USE 1. THE MASTER PLAN CONSISTS OF AN OVERALL LAYOUT OF APPROXI- MATELY 29 ACRES OF LAND COMPRISED OF APPROXIMATELY TEN (10) ACRES OF LAND CONTAINING 39 SINGLE FAMILY UNITS, A FIFTEEN (15) ACRE MOBILE HOME RENTAL PARK CONTAINING 104 LOTS, AND, A FOUR ACRE TRACT OF MULTI-FAMILY RESIDENTIAL LAND CONTAIN- lNG 44 E~ELLING UNITS; AND THE RELATED STREETS, OFF-STREET PARKING, OFF-STREET LOADING/UNLOADING, OPEN SPACE AND THE WATER RETENTION AREA. 2.4 PHASES OF DEVELOPMENT 1. THE PROJECT DEVELOPMENT WILL TAKE PLACE IN TWO PHASES OF DEVELOPMENT AS FOLL(2~S~ PHASE 1. (DEVELOPMENT OF MHRP) PHASE 1. WILL CONSIST OF THE DEVELOPMENT OF THE MOBILE HOME RENTAL PARK ALONG WITH THE RELATED ROADS, DRAINAGE, AND OTHER SITE IMPROVEMENTS. IT IS ANTICIPATED THAT PHASE 1. WILL COMMENCE WITHIN ONE (1) YEaR OF APPROVAL OF THE PETITION BY THE COUNTY (1987) AND BE COMPLETED IN TWO (2) YEARS AFTER COMMENCEMENT (1989) · PHASE 2. (DEVELOPMENT OF SINGLE AND MULTI-FAMILY RESI- D ~I~C ES ) PHASE 2. WILL CONSIST OF THE DEVELOPMENT OF THE $II~GLE -2- 2.5 1. FAMILY AND MULTI-FAMILY USES ALONG WITH THE RELATED ROADS, DRAINAGE, AND OTHER REQUIRED SITE IMPROVEMENTS. IT IS ANTICIPATED THAT PHASE 2. WILL COMMENCE WITHIN ONE (1) YEAR OF THE APPROVAL OF THE PETITION BY THE COUNTY (1987) AND BE COMPLETED WITHIN THREE (3) YEARS AFTER COMMr2 NC EMENT (1990). THE E)~CT DATES OF COMMENCEMENT AND ~OMPLETION MAY VARY SOMEWHAT DEPENDING ON MARKET CONDITIONS AND THE CONDI- TIONS OF THE LOCAL ECONOMY. DEVELOPMENT AND FP. ACTIONALIZATION OF TRACTS WHEN THE DEVELOPER SELLS AN ENTIRE TRACT OR A BUILDING PAR- CEL (FRACTION OF A TRACT) TO A SUBSEQUENT OWNER, OR PROPOSES DEVELOPMENT OF SUCH PROPERTY HIMSELF, THE DEVELOPER SHALL PROVIDE TO THE ZONING DIRECTOR FOR APPROVAL, PRIOR TO THE DEVELOPMENT OF THE TRACT BY THE DEVELOPER OR PRIOR TO THE SALE TO A SUBSEQUENT CWNER OF SUCH PROPERTY, A BOUNDARY DRAWING SHOWING THE TRACT AND THE NUMBER OF UNITS AND/OR THE SQUARE FOOTAGE ASSIGNED TO THE PROPERTY, AS APPLICABLE. THE 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. 2. IN THE EVENT ANY TRACT OR BUILDING PARCEL IS SOLD BY ANY SUBSEQUENT OWlqER, AS IDENTIFIED IN SECTION 2.5.1, IN FRAC- TIONAL 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 PART THEREIN AND THE NUMBER OF UNITS AND/OR THE SQUARE FOOTAGE, AS APPLICA- BLE, 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 MASTER PLAN SHOWING THE FRACTIONAL PARCEL ALSO SHALL BE SUBMITTED. 3. THE DEVELOPER OF ANY' TRA~T MUST SUBMIT A CONCEPTUAL SITE PLAN FOR THE ENTIRE TRACT IN ACCORDANCE WITH SECTION 2.6 OF THIS DOCUMENT PRIOR TO FINAL SITE PLAN SUBMITTAL FOR ANY PORTION OF THAT TRACT. THE DEVELOPER MAY CHOOSE NOT TO SUB- MIT A CONCEPTUAL SITE PLAN. FOR THE ENTIRE TRACT IF A FINAL SITE PLAN IS SUBMITTED AND APPROVED FOR THE ENTIRE TRACT. 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 DEVELOPMENT PLAN FOR HIS TRACT ~R PARCEL IN CONFORMANCE WITH THE il2 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. 2.6 1. IN EVALUATING THE FRACTIONALIZATION PLANS, THE ZONING DIREC- TOR'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:. R. EASONABLE ACCES- SIBILITY OF THE FRACTIONAL PARTS TO PUBLIC 'OR PRIVATE ROAD- WAYS, COMMON AREAS, OR OTHER MEANS OF INGRESS AND EGRESS. IF APPROVAL IS NOT ISSUED WITHIN TEN (10) WORKING DAYS, THE SUBMISSION SHALL BE CONSIDERED AUTOMATICALLY APPROVED. SITE DEVELOPMENT PLAN APPROVAL PROCESS SITE DEVELOPMENT PLAN APPROVAL; WHEN DESIRED OR REQUIRED BY THIS DOCUMENT, SHALL FOLLOW THE PROCEDURE AS OUTLINED IN THE ZONING ORDINANCE. 2.7 MAINTENANCE OF COMMON AREAS PRIVATE STREETS, RECREATION AREAS, COMMON OPEN SPACES, OR ANY OTHER SUCH AMENITIES WILL, UPON COMPLETION OF THE PRO- JECT, OR SOONER AS AGREED TO BY ALL PARTIES CONCERNED, COME UNDER THE OWNERSHIP OF A PROPERTY OWNER'S ASSOCIATION OR SOME SUCH SIMILAR ORGANIZATION OF RESIDENTS. THIS ORGANIZA- TION WILL BE RESPONSIBLE FOR THE MAINTENANCE OF COMMON AREAS UNDER CONDITIONS SET FORTH IN THE APPROVED PUD DOCUMENT. 2.8 ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY 2.9 PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY, ALL COMMITMENTS IN THE PUD DOCUMENT SHALL BE MET BY THE DEVELOPER UNLESS SOME OTHER ARRANGEMENT IS MUTUALLY AGREED UPON BY THE DEVELOPER AND THE COUNTY ZONING DIRECTOR. RECREATIONAL OPEN SPACE FOR MOBILE HOME PARK THE RECREATIONAL OPEN SPACE AREA FOR THE MOBILE HOME PARK AS REQUIRED IN SECTION 7.18, C, 6) OF THE ZONING ORDINANCE SHALL BE KEPT SEPARABLE'FROM THE RETENTION AREA SO IT FJkY PERFORM ITS INTENDED PURPOSE ON A YEAR AROUND BASIS. 2. 10 1. POLLING PLACES POLLING PLACES SHALL BE PERMITTED AS DEEME~ APPROPRIATE BY THE BOARD OF COUNTY COMMISSIONERS. 2.11 FIRE HYDRANTS 1. FIRE HYDRANTS SHALL BE REQUIRED PER THE STANDARDS OF T~E h SUBDIVISION ORDINANCE AND REVIEWED BY THE IMMOKALEE FIRE DISTRICT. 2.12 RECREATIONAL FACILITIES THE PETITIONER AGREES TO PROVIDE, AT A MINIMUM, TWO SEE- SAWS AND A FOUR-SEAT SWING SET TO BE USED ONLY BY THE RESI- DENTS OF THE MOBILE HOME PARK. 2.13 MAXIMUM NUMBER OF DWELLING UNITS. THE MAXIMUM NUMBER OF DWELLING UNITS PERMITTED ACCORDING TO THE COMPREHENSIVE PLAN POINT SYSTEM IS 204 E~ELLING UNITS. THIS PUD IS APPRO%~D FOR.A TOTAL OF 187 DWELLING UNITS. -5- 3.1 1. 3.2 1. 2. 3.3 1. 2. '3.4 1. 3.5 1. 2. SECTION 3 LAND USE REGULATIONS FOR PARCEL 1. PERMITTED PRINCIPAL USES AND STRUCTURES... SINGLE FAMILY DWELLINGS PERMITTED ACCESSORY USES AND STRUCTURES CUSTOMARY ACCESSORY USES AND STRUCTURES. MODEL HOME(S)IN ACCORDANCE WITH THE STANDARDS OF 10.6 OF THE ZONING ORDINANCE, OR ANY OTHER APPLICABLE REGULATIONS IN AFFECT AT THE TIME, SHALL BE PERMITTED IN CONJUNCTION WITH THE PROMOTION OF THE DEVELOPMENT. SUCH MODEL HOME(S) SHALL BE CONVERTED TO RESIDENCE(S) UPON COMPLETION OF THE PROJECT. UNLESS OTHERWISE SPECIFICALLY APPROVED BY THE COUNTY ZONING DIRECTOR. PERMITTED PROVISIONAL USES AND STRUCTURES CHURCHES GROUP HOUSING, PATIO HOUSING AND CI.USTER HOUSING. PROHIBITED USES AND STRUCTURES ANY USE OR STRUCTURE NOT SPECIFICALLY, PROVISIONALLY OR BY REASONABLE L~PLICATION PEP,~ITTED HEREIN. DEVELOPMENT STANDARDS MINIMUM LOT AREA: 7,500 SQUAP, E FEET MINIMUM LOT WIDTH: CORNER LOTS - 75 FEET; 70 FEET. INTERIOR LOTS - MINIMUM YARD REQUIREMENTS FRONT YARD: 25 FEET ' SIDE YARD: 7 1/2 FEET REAR YARD: 25 FEET; SWIMMING POOL OR SCREEN ENCLOSURE 10 FEET MINIMUM FLOOR AREA: 1000 SQUARE FEET PER DWELLING UNIT. MAXIMUM HEIGHT: PRINCIPAL STRUCTURE - 30 FEET: ACCESSSORY STRUCTURE - 20 FEET. 6. MAXIMUM DENSITY: ONE (1) DWELLING UNIT PER LOT. 7. SIGNS: AS REQUIRED BY THE COLLIER COUNTY ZONING ORDINANCE -6- AT THE TIME OF APPLICATION FOR CONSTRUC?ION PERMITS. 8. MINIMUM OFF-STREET PARKING REQUIR~ENTS: AS REQUIRED BY THE COUNTY ZONING ORDINANCE AT THE TIME OF APPLICATION FOR CON- STRUCTION PERMITS. 8. LIGHTING: LIGHTING FACILITIES SHALL BE ARraNGED IN A ~NNER WHICH WILL PROTECT ROADWAYS AND ADJACEN~ PROPERTIES FROM DIRECT GLARE AND OTHER INTERFERENCES ~ MINIMUM LANDSCAPING REQUIREMENTS: AS REQUIRED BY THE COUNTY ZONING ORDINANCE AS INTERPRETED BY THE COUNTY ZONING DIREC- TOR. -7- SECTION 4 LAND USE REGULATIONS FOR PARCEL 2. 4.1 PERMITTED PRINCIPAL USES AND STRUCTURES FOR PARCEL 2. 1. MULTI-FAMILY DWELLING~ ~ ~ : 2. GROUP HOUSING, PATIO HOUSING AIqD CjustER MOUSING. (DEVELOP- ~[ENT PIAN APPROVAL REQUIRED - SEE SECTION 50.5 OF ZONING ORDINANCE) 3. TOWNHOUSES DEVELOPMENT PLAN APPROVAL REQUIRED - SEE SECTION 10.5 OF ZONING ORDINANCE) 4.2 PERMITTED ACCESSORY USES AND STRUCTURES 1. ACCESSORY USES AND STRUCTURES CUSTOMARILY ASSOCIATED WITH USES PERMITTED IN THIS DISTRICT. MODEL RENTAL APARTMENTS/RENTAL OFFICES, IN ACCORDANCE WITH THE STANDARDS OF 10.6 OF THE ZONING ORDINANCE, OR ANY OTHER APPLICABLE REGULATIONS IN AFFECT AT THAT TIME, SHALL BE PERMITTED IN CONJUNCTION WITH THE PROMOTION OF THE DEVELOP- MENT. MAINTENANCE BUILDINGS, STORAGE BUILDINGS AND STORAGE AREAS WHICH ARE USED IN CONJUNCTION WITH THE DEVELOPMENT. 4.3 PERMITTED PROVISIONAL USES AND STRUCTURES 1. CHURCHES 2. CIVIC AND CULTURAL FACILITIES. 4.4 PROHIBITED USES AND STRUCTURE 1. ANY USES OR STRUCTURES NOT SPECIFICALLY , PROVISIONALLY, OR BY REASONABLE IMPLICATION PERMITTED HEREIN 4.5 DEVELOPMENT STANDARDS 1. MINIMUM LOT AREA: 7,260 SQUARE FEET FOR EACH DWELLING UNIT BASED ON GROSS AREA OF ENTIRE PROPERTY. 2. MINIMUM LOT WIDTH: 100 FEET 3. MINIMUM YARD REQUIREMENTS.. (1) FRONT YARD: THIRTY-FIVE (35) FEET. (2) SIDE: FIFTEEN (15) FEET. (3) REAR: THIRTY (30) FEET.. DISTANCE BETWEEN STRUCTURES - IF THERE IS A SEPARATION BETWEEN ANY TWO (2) PRINCIPAL STRUCTURES ON THE SAME PARCEL, SAID SEPARATION SHALL BE A MINIMUM OF THIRTY (30) FEET OR A DISTANCE EQUAL TO ONE-HALF (1/2) THE SUM OF THEIR HEIGHTS, WHICHEVER IS THE GREATER. 5. MINIMUM FLOOR AREA: 7_5_0 _SQUARE FEET. 6. MAXIMUM HEIGHT OF STRUCTURES: THREE (3) STORIES OR THIRTY (30) FEET WHICHEVER IS GREATER. : MINIMUM OFF-STREET PARKING REQUIREMENTS: TWO (2) SPACES PER DWELLING UNIT; 1 1/2 SPACES TO BE PAVED AT TIME OF CONSTRUC- TION AND THE REMAINING 1/2 SPACE TO BE RETAINED IN OPEN SPACE TO BE PAVED "AS NEEDED". 8. SIGNS: AS REQUIRED BY THE COUNTY ZONING ORDINANCE AT THE TIME OF APPLICATION PERMITTED PRINCIPAL USES AND STRUCTURE LIGHTING: LIGHTING FACILITIES SHALL BE ARRANGED IN A MANNER WHICH WILL PROTECT ROADWAYS AND ADJACENT PROPERTIES FROM DIRECT GLARE AND OTHER INTERFERENCES 10. MINIMUM LANDSCAPING REQUIREMENTS: AS REQUIRED BY THE COUNTY ZONING ORDINANCE AS INTERPRETED BY THE COUNTY ZONING DIREC- TOR. -9- 5.1 1. 5.2 1. SECTION 5 LAND USE REGULATIONS FOR PARCEL 3 PERMITTED PRINCIPAL USES AND STRUCTURES MOBILE HOMES PERMITTED ACCESSORY USES'~N~ STRUCTURES · ACCESSORY USES AND STRUCTURES CUSTOMARILY-KSSOCIATED WITH MOBILE HOME PARKS, INCLUDING PATIOS, RECREATION FACILITIES, ADMINISTRATION BUILDINGS, SERVICE BUILDINGS AND UTILITIES. ONE SINGLE FAMILY DWELLING IN CONNECTION WITH THE OPERATION OF THE MHRP. 5.3 PERMITTED PROVISIONAL USES AND STRUCTURES 5.4 1. 5.5 1. 2. MOBILE HOME SALES, PROVIDING THE FOLLOWING RESTRICTIONS BE MET: (1) SUCH USES SHALL NOT OCCUPY MORE THAN TEN (10%) PERCENT OF THE AREA OF THE PARK OR TWO (2) ACRES, WHICHEVER IS SMALLER. (2) THE OUTSIDE STORAGE AREA SHALL BE TREATED WITH A HARD SUR- FACE OF EITHER CONCRETE OR PLANT MIXED BITUMINOUS MATERIAL EXCEPT DESIRABLE LANDSCAPED AREAS WHICH SHALL BE SEPARATED FROM ALL PAVED AREAS. (3) A VISUAL BUFFER SHALL BE PROVIDED AROUND THE AREA OUTSIDE DISPLAY ADJACENT TO RESIDENTIAL OR MOBILE HOME PARK DEVELOP- MENT OR VACANT LAND. PROHIBITED USES AND STRUCTURES 0 ANY USE OR STRUCTURE NOT SPECIFICALLY, PROVISIONALLY OR BY KEASONABLE IMPLICATION PERMITTED HEREIN, OR PERMISSIBLE BY SPECIAL EXCEPTION. DEVELOPMENT STANDARDS MINIMUM PARK SIZE: MINIMUM LOT AREA: SQUARE FEET. MINIMUM LOT WIDTH: ~EN-(10) ACRES MINIMUM SIZE OF LOT OR SPACE - 4,000 FORTY-fIVE (45) FEET. 4. MINIMUM YARD REQUIREMENTS= (1) FRONT YARD: (2) SIDE YARD: TEN (10) FEET FIVE (5)OR..ZERO (0) FEET- SEE (6) BELOW. -10- Be (3) REAR YARD: EIGHT (8) FEET. (4) FROM EXTERIOR BOUNDARY OF PARK OF FROM ANY REQUIRED BUFFER AREA- TEN (10) FEET. (5) FROM BUILDING OR STRUCTURES - TEN (10) FEET. (6) THE ZERO SETBACK MAY BE USED ON ADJOINING LOTS WHERE CAR- PORTS ARE CONNECTED AT A COMMON LOT LINE. IN THE CASE OF THE ZERO SETBACK, A MINIMUM OF TEN, (10) FEET SHALL BE REQUIRED ON THE OPPOSITE SIDE. MJ%XIMUM HEIGHT OF STRUCTURES: 30 FEET REQUIRED RECREATION AREA: THE FOLLOWING AMOUNT OF AREA SHALL BE SET ASIDE WITHIN THE MOBILE HOME PARK FOR RECRE- ATIONAL PURPOSES AND SHALL BE SEPARATED FROM THE WATER RETENTION AREA SO IT MAY PERFORM ITS INTENDED PURPOSE ON A YEAR ROUND BASIS: (1) THREE HUNDRED (300) SQUARE FEET FOR EACH LOT FOR THE EIRST ONE HUNDRED (100) LOTS. (2) TWO HUNDRED (200) SQUARE FEET FOR EACH LOT IN EXCESS OF ONE HUNDRED (100) LOTS (3). ONE-HALF (1/2) OF THE WATER SURFACE WITHIN THE PARK MAY BE CREDITED TOWARD THE REQUIRED RECREATION AREA, EXCEPT THAT AT LEAST (50%) PERCENT OF THE REQUIRED RECREATION AREA SHALL BE LAND AREA. 7. SIGNS: AS REQUIRED BY THE COUNTY ZONING ORDINANCE AT THE TIME OF APPLICATION FOR CONSTRUCTION PERMITS. LIGHTING: LIGHTING FACILITIES SHALL BE ARRANGED IN A MANNER WHICH WILL PROTECT ROADWAYS AND ADJACENT PROPERTIES FROM D1RECT GLARE AND OTHER INTERFERENCES e MINIMUM LANDSCAPING REQUIREMENTS: AS REQUIRED BY THE COUNTY ZONING ORDINANCE AT THE TIME OF APPLICATION FOR CONSTRUCTION PERMITS 10. A TEN (10) FOOT LANDSCAPED BUFFER WHICH SHALL BE SEPARATE FROM THE TEN (10) FOOT DRAINAGE EASEMENT LOCATED BETWEEN THE MOBILE HOME PARK AND THE SINGLE FAMILY SUBDIVISION UNLESS THE REQUIREMENT FOR THE DRAINAGE EASEMENT IS NO LONGER DEEMED NECESSARY BY THE COUNTY WATER MANAGEMENT DIRECTOR. 11. FENCING AND HEDGE: THE MOBILE HOME PARK SHALL BE FULLY ENCLOSED BY A CHAIN LINK FENCE SIX (6) FEET IN HEIGHT AND A PLANT HEDGE CONSISTING OF WAX MYRTLE (MYRICA CERIFERA) PLANTED FIVE (5) FEET ON CENTER, OR EQUIVALENT, AS DETER- MINED APPROPRIATE BY THE COUNTY NATURAL RESOURCES MANAGEMENT DEPARTMENT. SECTION 6 GENERAL DEVELOPMENT REQUIREMENTS 6.1 PURPOSE 6.2 THE PURPOSE OF THIS SECTION IS TO SET EORTH THE GENERAL DEVELOPMENT REQUIREMENTS AND CONDITIONS FOR DEVELOPMENT OF THE PROJECT. PUD MASTER PLAN e THE PUD MASTER PLAN HEREIN IS INTENDED AS AN ILjustRATIVE PRELIMINARY DEVELOPMENT PLAN. THE DESIGN CRITERIA AND LAY- OUT ILjustRATED ON THE MASTER PLAN SHALL BE UNDERSTOOD TO BE FLEXIBLE, SO THAT, THE FINAL DESIGN MAY SATISFY PROJECT CRITERIA AND COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THIS .ORDINANCE AS INTERPRETED BY THE COUNTY ZONING DIRECTOR ALL NECESSARY EASEMENTS, DEDICATIONS, OR OTHER INSTRUMENTS SHALL BE GRANTED TO INSURE THE CONTINUED OPERATION AND MAINTENANCE OF ALL PUBLIC SERVICE UTILITIES. 3. MINOR DESIGN CHANGES SHALL BE PERMITTED APPROVAL OF THE COUNTY ZONING DIRECTOR. 6. 3 WATER MANAGEMENT 1. THE WATER MANAGEMENT SYSTEM SHALL COMPLY WITH THE APPLICABLE REQUIREMENTS OF COLLIER COUNTY DETAILED SITE DRAINAGE PLANS SHALL BE SUBMITTED TO THE COUNTY ENGINEER FOR REVIEW AND APPROVAL PRIOR TO THE START OF CONSTRUCTION. THE PETITIONER AGREES TO COMPLY WITH THE CONDITIONS OF THIS APPROVAL. 6.4 1. PRIVATE ROADS '. THE INTERNAL ROAD SYSTEM SHALL BE PRIVATELY OWNED AND MAIN- TAINED BY THE PROPERTY OWNER OR HIS ASSIGNS UNLESS PLATTED AND DECICATED TO THE PUBLIC. 6.5 SOLID WASTE DISPOSAL DISPOSAL OF SOLID WASTE AND TRASH. 6.6 ELECTRICITY, TELEPHONE, CABLEVISION 1. SHALL BE PROVIDED BY COUNTY APPROVED PROVIDERS. ARRANGEMENTS AND AGREEMENTS SHA~.T. BE MADE WITH THE APPROPRI- ATE SOLID WASTE DISPOSAL COLLECTOR FOR THE .COLLECTION AND SECTION 7 DEVELOPMENT COMMITMENTS IF THIS PETITION IS APPROVED, THE PETITIONER STATES THAT HE WILL COMPLY WITH ALL OF THE CONDITIONS OF APPROVAL INCLUDING THE FOLLOW ING: - - 7. 1 ENVIRONMENTAL PROTECTION ~ 1. A SITE CLEARING PLAN SHALL BE SUBMITTED TO THE NATURAL RESOURCES MANAGEMENT DEPARTMENT AND THE CO~UNITY DEVELOP- MENT DIVISION FOX THEIR REVIEW AND APPROVAL PRIOR TO ANY SUBSTANTIAL WORK ~:'N 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 LAYOUT INCORPORATES RETAINED NATIVE VEGETATION TO THE MAXIMUM POS- SIBLE AND HOW ROADS, BUILDINGS, LAKES, PARKING LOTS, AND OTHER FACILITIES HAVE BEEN ORIENTED TO ACCOMMODATE THIS GOAL. 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, IF ANY. THE GOAL OF SITE LANDSCAPING SHALL BE THE RECREATION OF NATIVE VEGETATION AND HABITAT CHARACTERISTICS LOST ON THE SITE DURING CONSTRUCTION OR DUE TO PAST ACTIVITIES. ALL EXOTIC PLANTS, AS DEFINED IN THE COUNTY CODE, SHALL BE REMOVED DURING EACH PHASE OF CONSTRUCTION FROM DEVELOP MENT AREAS, OPEN SPACE AREAS, AND PRESERVE AREAS. FOLLOWING SITE DEVELOPMENT A MAINTENANCE PROGRAM SHALL BE IMPLEMENTED TO PREVENT RE-INVASION OF THE SITE BY SUCH EXOTIC SPECIES. THIS PLAN, WHICH WILL DESCRIBE CONTROL TECHNIQUES AND INSPECTION INTERVALS, SHALL BE FILED WITH AND APPROVED BY THE NATURAL RESOURCES MANAGEMENT DEPARTMENT AND THE COMMU- NITY DEVELOPMENT DIVISION. e IF DURING THE COURSE OF SITE CLEARING, EXCAVATION, OR OTHER CONSTRUCTION ACTIVITIES; ANY ARCHAEOLOGICAL OR HISTORICAL SITE, ARTIFACT, OR OTHER INDICATOR IS DISCOVERED ALL DEVEL- OPMENT 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 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 SHALL RESPOND TO SUCH NOTIFICATION IN A TIMELY AND EFFICIENT MANNER SO AS TO PROVIDE ONLY A MINIMAL INTERRUPTION TO ANY CONSTRUCTION ACTIVITIES. -- PETITIONER SHALL INVESTIGATE DEVELOPMENT DESIGNS TO REDUCE THE AMOUNT OF LAND CLEARING NEEDED FOR STRUCTURES AND TO MAXIMIZE THE RETENTION OF EXISTING NATIVE PLANTS. e PETITIONER SHALL INVESTIGATE UNDULATING THE LAKE SHORELINES; SIDE SLOPES OF THE LAKE SHALL BE AT LEAST 4 TO 1 OUT TO A DEPTH OF 3' FROM MEAN LOW WATER LEVEL. AREAS DESTINED FOR DRY. RETENTION SHOULD BE LEFT INTACT AS MUCH AS POSSIBLE, WITH THE EXCEPTION MA. DE FOR REMOVAL OF SMALL, "WEED" PLANT SPECIES. THE PETITIONER SHOULD INVESTI- GATE THE FEASIBILITY OF PROVIDING ADDITIO'~;AL NATIVE HABITAT IN THESE AREAS WITH THE PLANTING OF VARIOUS OVERSTORY AND UNDERSTORY NATIVE PLANTS SPECIES (NRMD WOULD BE PLEASED TO PROVIDE ADVISE AND SPECIES LISTS). 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 CLEARING ~ERMIT PRIOR TO ANY LAND CLEARING. 9. PRIOR TO FINAL SITE PLAN DEVELOPMENT PLAN SUBMITTAL A PRELI- MINARY SITE PLAN WILL BE SUBMITTED TO NRMD FOR REVIEW. 7.2 WATER MANAGEMENT ADVISORY BOARD 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 CON- STRUCTION IN ACCORDANCE WITH THE SUBMITTED PLANS IS GRANTED BY THE COUNTY ENGINEER. IMPROVEMENTS ~O THE NORTHERLY ROAD SWALE ALONG IMMOKALEE DRIVE THAT ARE REQUIRED BY THE PROJECT'S MASTER WATER MAN- AGEMENT PLAN ARE SUBJECT TO THE APPROVAL OF THE COUNTY ENGI- NEER. FAILURE TO OBTAIN APPROVAL FROM THE COUNTY ENGINEER WILL REQUIRE RESUBMITTING A REVISED PLAN TO THE WMAB. THE PROJECT'S OUTFALL SHALL COMPLY WITH THE IMMOKALEE MASTER PLAN AND BE SUBJECT TO ALL PROVISIONS/REQUIREMENTS FOR IMPROVEMENTS UNDER SAID PLAN. AREAS DESIGNED AS "DRY RETENTION" SHALL BE PROVIDED WITH MECHANISMS TO ENSURE THEY FUNCTION IN ACCORDANCE WITH THE S.F.W.M.D. REQUIREMENTS'.FOR "DRY RETENTION/DETENTION" AREAS. AN EXCAVATION PERMIT WILL BE REQUIRED FOR THE PROPOSED LAKE IN ACCORDANCE WITH COLLIER COUNTY ORDINANCE 80-26,AS AMENDED BY ORDINANCE 83-3, AND AS MAY BE AMENDED IN THE FUTURE. 7.3 TRAFFIC ENGINEER PER FDOT ROAD STANDARDS, SEE EXHIBIT A, WHEN AVERAGE DAILY TRAFFIC EXCEEDS 1600 VEHICLES, THE MINIMUM PAVEMENT WIDTH FOR ROADS SUCH AS IMMOKALEE DRIVE, SHOULD BE ~%;0-12 FOOT LANES. SINCE EXISTING TRAFFIC (APPROXIMATELY 900 ADT) PLUS DEVELOPMENT TRAFFIC (APPROXIMATELY 750 ADT OF TOTAL 1200 ADT) APPROACHES THE 1600 ADT REQUIRF~ENTS, IMMOKALEE DRIVE SHOULD BE WIDENED FROM EXISTING WIDTH OF 20 FEET TO A DESIGN WIDTH OF 24 FEET. ACCORDINGLY, LOCAL WIDENING ROAD IMPROVE- MENTS SHOULD BE UNDERTAKEN BY THE COUNTY PRIOR TO THE LAND DEVELOPMENT GENERATING TRAFFIC WHICH WOULD EXCEED THE FDOT DESIGN CRITERIA; SINCE SUCH ROAD IMPROVEMENTS ARF. NOT PRO- POSED IN THE CURRENT FIVE-YEAR WO~K PLAN NOR DURING THE DEVELOPMENT BUILD-OUT PERIOD, IT IS RECOMMENDED THAT THE DEVELOPER UNDERTAKE THE IMPROVEMENTS PRIOR TO COMPLETION OFF-SITE WORK FOR ALL PROPOSED UNITS OR THAT THE DEVELOPER MITIGATE THE REQUIRED ROAD IMPROVEMENTS BY DONATING A FAIR SHARE COST SO AS TO MAKE FUNDS AVAILABLE FOR THE IMPROVEMENT AS SOON AS POSSIBLE BY THE COUNTY. COMPUTATION OF THE FAIR SHARE BASED ON TRAFFIC GENERATION DIVIDED BY ROADWAY TRAFFIC VOLUME CAPACITY, YIELDS AS 5% SHARE OR $460.00. CURRENT TRAFFIC ON IMMOKALEE DRIVE AT SR-29 DOES~NOT MEET THE GENERAL VOLUME REQUIREMENTS TO WARRANT A TRAFFIC SIGNAL AT THE ROAD INTERSECTION WITH SR-29. WITH THE DEVELOPMENT OF .200 UNITS ON IMMOKALEE DRIVE WITHIN 2300 FEET OF THE STATE ROAD, IT IS POSSIBLE THAT THE SIGNAL WARRANTS.MAY BE MET TO JUSTIFY A SIGNAL SYSTEM INSTALLATION. ACCORDINGLY, THE FAIR SHARE CONTRIBUTION BASED ON TRAFFIC GENERATION VERSUS ROAD CAPACITY IS 5K% OR $2000 (SIGNAL SYSTEM INSTAL- LATION COST ESTIMATED AT $40,000). ITEM 3 OF G. F. ARCHIBALD LETTER OF NOVEMBER 25, SEE EXHIBIT D, IS SUPERSEDED BY THE WORDING CONTAINED IN SECTION 2.6, 2 OF THIS DOCUMENT. THE DEVELOPER SHALL PROVIDE RIGHT-OF-WAY (UP TO 20 FEET) ALONG THE ROAD FRONTAGE WITH IMMOKALEE DRIVE AND 18th STREET FOR ACCESS IMPROVEMENTS, DRAINAGE IMPROVEMENTS, AND SIDE- WALK/BIKE PATH. Se THESE IMPROVEMENTS ARE CONSIDERED "SITE RELATED" AS DEFINED IN ORDINANCE 85-55 AND SHALL NOT BE APPLIED AS CREDITS TOWARD ~ IMPACT FEES REQUIRED BY THAT ORDINANCE. 7.4 COUNTY UTILITIES 1. SEE THOMAS A. DONEGAN LETTER DATED SEPTEMBER 29, 1986, EXHI- BIT E. 7.5 ENVIRONMENTAL HEALTH DEPARTMENT CENTRAL WATER AND SEWER BY IMMOKALEE WATER AND SEWER DIS- TRICT. ANY ESTABLISHMENT REQUIRING ACCPU PERMIT MUST SUBMIT PLANS FOR REVIEW AND APPROVAL. 7.6 FIRE DISTRICT NO CERTIFICATE OF OCCUPANCY WILL BE ISSUED UNTIL FIRE HYDRANTS ARE INSTALLED ON SITE. 2. STRUCTURES SHALL BE LIMITED TO TWO STORIES. 3. ANY TWO STORY STRUCTU~E~ ~UST HAVE A S~RINKLER SYSTEM ON BOTH LEVELS.. ~ 4. THE WATER RETENTION LAKE SHALL BE DESIGNED ~TO ALLOW A FIRE TRUCK TO DRAFT WATER FROM IT. 7.7 ENGINEERING DEPARTMENT THE ENGINEERING DEPARTMENT HAS REVIEWED THE PROPOSED PETI- TION AND CANNOT RECOMMEND APPROVAL AT THIS TIME SINCE THE COUNTY OWNS A STRIP OF LAND 60' WIDE RUNNING NO~H AND SOUTH THROUGH APPROXIMATELY THE MIDDLE OF TAHE PROPERTY. THE LEGAL DESCRIPTION PROVIDED WITH THE REZONE PETITION STATES THAT THE STRIP OF LAND IS NOT PART OF THE PROJECT, HOWEVER, THE MASTER PLAN HAS LOTS WITHIN AND ACROSS THE STRIP OF LAND. IF 'THE PETITIONER WISHES TO USE THE 60' STRIP AS A ROAD, THE COUNTY WOULD PROBABLY ISSUE A PERMIT TO CONSTRUCT A ROAD, TO COUNTY SUBDIVISION STANDARDS, WITHIN SAID STRIP OF LAND. UPON ~{EVISING THE MASTER PLAN TO SHOW THE 60' STRIP, THE ENGI- NEERING DEPARTMENT WOULD OFFER NO OBJECTION TO APPROVAL SUBJECT TO THE THE FOLLOWING COMMENTS AND STILPULATIONS: THE 10' BUFFER AND DRAINAGE SHOWN AROUND THE MOBILE HOME PARCEL MAY NOT BE COMPATIBLE. DEPENDING UPON THE FINAL DESIGN A LANDSCAPED BUFFER MAY NOT BE ABLE TO BE ACCOMO- DATED WITHIN THE DRAINAGE FACILITY AROUND SAID PARCEL. PLATTING SHALL BE REQWUIRED FOR ALL PARCELS THAT ARE INTENDED TO HAVE INDIVIDUAL LOTS SOLD FROM THE PARCELS. NO EXCEPTIONS TO THE SUBDIVISION REGULATIONS WERE REQUESTED, THEREFORE NONFE SHALL BE GRANTED. d(SEE SSUBSEQUENT OF H. E. HUBER DATED JANUARY ~9, 1987, EXHIBIT H. e THE ROAD PROVIDING ACCESS TO THE SINGLE FAMILY LOTS SHALL BE ALIGNED WITH THE STREET (6th AVENUE) TO THE EAST. (SEE SUBSEQUENT LETTER OF H. EF. HUBER, DATED JANUARY 19, 1987, APPENDIX H. 7.8 SUBDIVISION REVIEW COMMITTEE STIPULATIONS OF WMAB, EAC AND ENVIRONMENTAL HEALTH STIPULATIONS OF PUBLIC WORKS (TRAFFIC) PER MEMOS DATED OCTO- BER 22, 1986 AND NOVEMBER 25, 1986, SEE EXHIBITS C AND D, WITH REPLACEMENT OF #3 WITH THE FOLLOWING LANGUAGE.' SUBJECT TO COUNTY ENGINEER APPROVAL, THE DEVELOPER SHALL PROVIDE A SIDEWALK/BIKE PATH WITHIN THE RIGHT-OF-WAY AND ABUTTING THE EAST BOUNDARY OF THE PROPERTY. IF EXISTING RIGHT-OF-WAY IS NOT ADEQUATE FOR CONSTRUCTION OF SAID SIDEWALK/BIKE PATH, AS DETER- MINED BY THE COUNTY ENGINEER, THE DEVELOP.ER, HIS SUCCESSORS OR ASSIGNS SHALL PROVIDE SUCH RIGHT-OF-WAY OR'EASF-MENT AS IS NECES- SARY. SIDEWALK/BIKE PATH WiLL NOT BE REQUIRED UNTIL A SIDE- WALK/BIKE PATH NETWORK IS EXISTING AND PROVIDES PEDES- TRIAN/BICYCLE TRANSPORTATION TO USEFUL PLACES WITHIN THE AREA AS DETERMINED BY THE COUNTY ENGINEER. PRIOR TO APPROVAL OF THE FINAL PHASE OF CONSTRUCTION (IF THERE IS ONLY ONE PHASE OF CON- STRUCTION THEN PRIOR TO APPROVAL OF THIS ONE PHASE) IF THE SIDE- WALK/BIKE PATH HAS NOT BEEN CONSTRUCTED THE DEVELOPER SHALL PROVIDE THE NECESSARY RIGHT-OF-WAY OR EASEMENT AND, AT HIS. OPTION, CONSTRUCT THE SIDEWALK/BIKE PATH, OR POST A BOND IN THE AMOUNT DEEMED NECESSARY BY THE COUNTY ENGINEER TO INSURE THE SIDEWALK/BIKE PATH WILL BE CONSTRUCTED, OR MAKE PAYMENT TO THE COUNTY FOR THE COST OF SIDEWALK/BIKE PATH IMPROVEMENTS AT THE CURRENT COST OF CONSTRUCTION AS DETERMINED BY THE COUNTY ENGI- NEER. IF THE LATTER IS CHOSEN THE COUNTY WOULD THEN BE RESPON- SIBLE FOR CONSTRUCTION AS PART OF A COUNTY-WIDE PROGRAM. 3. STIPULATIONS OF ENGINEERING PER MEMO DATED NOVEMBER 14, 1986 (COPY ENCLOSED) WITH THE DELETION OF #2. THE PETITIONER REQUESTED ONE EXCEPTION TO THE SUBDIVISION REGULATIONS, WHICH STAFF HAD NO OBJECTION, REGARDING REVERSE CURVE TAN- GENT (ALSO SEE SUPERSEDING LETTER OF H. E. HUBER DATED JANU- ARY 19, 1987, SEE EXHIBIT H. 4. THE 60 FEET ROAD RIGHT-OF-WAY THROUGH THE CENTER OF THE PROPERTY SHALL BE VACATED. (THE PETITION TO REQUEST THIS VACATION IS THE RESPONSIBILITY OF THE REZONE PETITIONER.) 7.9 1. THE PETITIONER MUST COMPLY WITH THE COMPREHENSIVE PLAN. RESOLUTION OF THE LOCAL FIRE DEPARTMENT'S CONCERNS REGARDING ABILITY TO PROVIDE ADEQUATE FIRE PROTECTION. MISCELLANEOUS REQUIREMENTs THE PETITIONER AGREES TO PERMIT ONLY MOBILE HOMES, WITHIN THE MOBILE HOME PARK, AS DEFINED IN SECTION 20 OF THE ZONING ORDINANCE 82-2, AS MAY BE AMENDED, AND READS AS FOLLOWS: MOBILE HOME: A DETACHED DWELLING UNIT WITH ALL OF THE FOLLOWING CHARACTERISfICS: (a) DESIGNED FOR LONG-TERM OCCUPANCY AND CONTAINING SLEEPING ACCOMMODATIONS, A FLUSH TOILET, A TUB OR SHOWER BATH, AND KITCHEN FACILITIES, WITH PLUMBING AND ELECTRI- CAL CONNECTIONS PROVIDED FOR ATTACHMENT TO OUTSIDE SYSTEMS; (b) -1 ?- DESIGNED FOR TRANSPORTATION AFTER FABRICATION ON STREETS OR HIGHWAYS ON ITS OWN WHEELS, AND (c) ARRIVING AT THE SITE WHERE IT IS TO BE OCCUPIED AS A DWELLING COMPLETE, INCLUDING MAJOR APPLIANCES AND FURNITURE, AND READY FOR OCCUPANCY EXCEPT FOR MINOR AND INCIDENTAL U.N.PACKING AND ASS.EMBLY OPERATIONS, LOCATION ON JACKS OR OTHER TEMPORARY OR PERMANENT FOUNDATIONS, CONNECTION TO UTILITIES AND THE LIKE. A TRAVEL TRAILER IS NOT TO BE CON- SIDERED AS A MOBILE HOME. % . ALL MOBILE HOME SET-UPS IN THE PARK WILL BE REQUIRED TO COMPLY WITH THE COLLIER COUNTY BUILDING CODE REGULATING THE LOCATION AND PLACEMENT OF A MOBILE HOME. THE PETITIONER AGREES TO PROVIDE AN ON-SITE MANAGER IN ORDER TO SUPERVISE THE ACTIVITIES AND MAINTENANCE OF THE MOBILE HOME PARK AT ALL TIMES. MANUAL OF UNIFORM MINIMUM FOR DESIGN, CONSTRUCTION STATE OF FLORIDA STANDARDS PREPARED BY FLORIDA DEPART~IENT OF TRANSPORTATION TALLAIIASSEE. F'LORIDA TAB LI-~ III.8 311.~13IU31 WIDTIIS OF' PAVEMi-,HT AIND SIIOUI.IH:.I~.$ FOR ~.I.A,~I-. RIJRAL IIIGIIWAYS Df".SI¢:N AVI':RAI:K DALLY TILAI-'HC (2.WAY) 50,-250 250-400 41~.?.~0 T50-1.600 .~ b -,,',' 1.600 4S 20' 20' '22' 2'~' 24' .. ! S0 20' 20' 22' 24' 2.1,' J 60 20' 22' 22' 24' 24' 65 20" 22' 24' 24' 24' DATE: TO: FROM: SUBJECT: )J~OR~Dtnl October 22, 1986 Missy HcKlm Planner III F. Archibald Georgepublic Works Administrato R-86-25C Davenport PUD Traffic Impact Analysis The petitioner's estimate of daily traffic to be generated is probably high for two reasons. The calculations assume I00 percent occupancy. A factor of 120 percent is then applied to estimate peak season. There ts no reason to believe that an occupied dwelling unit generates more trips during one period of the year than during other periods. Thus, if all units are occupied, the traffic they generate is "peak" regardless of the time of year. Secondly, the generation rates for the,types cf dwellings to be provided are probably lower than those provided by ITE due the income level of the prospective residents. Recommendations: 1. The developer shall improve I~okalee Drive to current road standards aa provided in Ordinance 82-91 between the project and S.R. 29. Such improvements'include widening the pavement to provide minimum 12 feet travel lames in accordance with increased traffic volume. 2. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at the intersection of Immokalee Drive and S.R. 29 when deemed warranted by the County Engineer. The. signal shall be owned, operated and maintained by Collier County. 3. The developer shall provide sidewalks/bike paths along the 18t~ Street frontage of the project to tie-in with the County's masterplan for sidewalks. 5e The developer shall provide right-of-way (up to 20 feet) along the road frontage with Immokalee Drive and 18th Street for access improvements, drainage improvements, and sidewalk/bike path. These improvements are considered "site related" as defined in Ordinance 85-55 and shall not be ~pplied as credits toward any impact fees required by that ordinance. CFA:RED/mr cc: Harold Huber Dr. Neno J. Spagna ,.....z .._.~ ,~ .,of, ..; .. / 02'8 TO: F~OM: DATE: G. F. Archibald, P£ Administrator/County Eogiueer Public Works Division November 25, I086 RE: Petition R-86-25C Davenport PUD In follow-up to cry previous memo dated Oct. 22 subject as above, have discussed the site improvements with Robert g. Davenport and r~quest revision of recommendations I, 2 and 3 as follows: Per lrDOT Road Standards, (Reference Attachment' 1), when average daily traffic exceeds 1600 vehicles, the minimum pavement width for roads such as Immokalee Drive, should be two-12 foot lanes. Since existing traffic (Approximately 900 ADT) plus development traffic (Approximately 750 ADT of total 1200 ADT) approaches the 1600 ADT requirements, lmmokalee Drive should be widened from an existing width of 20 feet to a design width'of 24 feet. Accordingly, local widening road improvements should be undertaken by the County prior to the land deveIopment gen~rnting traffic which would exceed the FDOT design criteria; s~e such road improvements are not proposed in the current ~.+ve-Year work plan nor during the development build-DuC Ieriod. it is recon=aended that the developer undertake the improvements prior to completion of site work for all proposed units or that the developer mitigate the requited road improvements by donating a fair share cost so as]to make funds available for the improvement as soon as possible by the County. Computation of the fair share based on traffic generation divided by roadway traffic volume capacity, yields 'a 5Z share or $460. Current traffic on Immokalee Drive at SR 29 does not meet the general volume requirements to warrant a traffic signal at the road intersection with SR 29. With the development of 200 unica on Immokalee Drive within 2300 feet of the State Road, it is possible that the signal warrants may be met to Justify a signal system instnllation. Accordingly, .the fair share contribution based on traffic generation versus road capacity is 52 or $2000 (signal system installation cost estimated at $40,000). ~ 3. Coocer~ing the ccn~ttmeat for a portion oE the btkepath he,yeah Lake.~r~f£ord Road and Im~okalee Dr~ve. the project hoc currently funded. Accordingly, the fair share contribution baaed on current ~rontage tm $5600 (800 teat @ No revtmiona are recommended for previous recom~e~at~o~m ~umber ~ and Number J. Conce~to8 the vacation o~ the extmtt~8 rtght-o~a7 so am m11~ th~ developer mdd~to~l, property tn ~htch to tnmtaI1 mobile thtm o~flce Is contlnuloB to l~ve~tt~ate the ~eamtbtltt7 of co~ttnutn8 19Ch Street between ~ke Iraf~ord ~oad and I~o~lee ~rtve; mbou~d it be datelined ~hat much ~ route ~y be needed In the dtmtaot future vould be p~dent to retain the Upou review o~ the above au4 attac~euta,' ahou2d, au7 iufo~tiou be ueceaaa~, pleaae do uot heaitate to coutact me at ~t 8259. GrA:eu cc: Harold Huber Dr. Reno J. Spmgu~ Encloeure -23- Mcmorondum E.xu~ Bi? D. TO:J~nn HcKfm. Planntn~ Department · Re: Petition R-86-25C, Davenport O~TE:SepCe~ber 29. 1986 FROM:Thonn~ A. Dnne~nn Utilities Engineering Director Ve have reviewed the above referenced Petition and have no objection to the rezone as requested. However, we require the following stipulations as a condition to our recommendation for approval: A) Water & 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 affect at the time of conveyance. Ail water and sewer facilities constructed-on p¥ivate property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and 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 to 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 utility 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. 2) Ail construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must ba reviewed and approved ~y the Utilities Division. prior to commencement of construction. 3) All customers connecting Co the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to ~ rye the project until the County's off-site water and/or sewer facilities are available to ..serve the project ..... To: Ann HcKlm, Planning Department~ Page 2 September 29, 1986 ~) It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system , not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. 5) A~ 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 water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, ara to be constructed as part of the proposed project and must ba regarded as interim; they shall ba constructed to State and Federal standards ~nd ara to be o~med, operated and maintained by the Developer, his assigns or successors until such time as the County's off-site water facilities and/or off-site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands o~rned by the Developer and approved by the County for development. The utility facility(les) may not be expanded to provide water and/or sever service outside the development boundary approved by the County without the ~rrttten consent of the County. b) Upon connection to the County's off-site water facilities, and/or sever facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewaE~ treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standard~.. ^11 work related with this activity shall be performed aS no cost to the County. c) Connection to the County's off-site water and/or sewer facilities uill be made by the o~ers, their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modifica- tion or refitting of existing sewage pumping facilities or construction of ne~ master sewage pumping facilit'~ , interconnection with County off-site facilities, water and/or se~ lines necessary to make the connection(s), etc. ~ To: Ann HcKim, Planning Departmen~/~Y-z~ Page 3 September 29, 1986 ,]) At the time County- off-site water 'and/or sewer facilities are available for the project to connect with, the following water and/or ~ewer facilities shall be conveyed to the County pursuant to appropriate Ccunty Ordinances and Regulations in effect at: the time= 1) All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits required to make connection with the County's off-site water and/or sewer facilities; or, 2) All water and sewer facilities required to connect the project to the County's off-site water and/or sewer facilities when the on-site water and/or sewer facilities are constructed on private property and not required by the 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; b) Water distribution facilities from the point of connection with the County's water facilities to the master water mater serving the project, including all utility easements necessary. .. e) 'The customers served on art"Interim basis by the utility system. constructed by the Developer shall become customers of the County at the time when County off-site water and/or sewer facilities are available to serve the project and such connection is made. Prior co connection of · the project to the CoUnty's off-site water and/or sewer facilities the Developer, his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system shall not compete 'with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. f) All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. -2b- To: Ann HcKim, Planning Department Page 4 September 29, 1986 g) The Developer, bls assigns or successors agree to pay all system development charges at the time that Building ?ermits are required, pursuant to appropriate County Ordinances and Regulations in effect at , the time of ?ermit 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 water distribution and/or sewage collection and transmission system for the sum of $I0.00 per year, when such system is not connected to the off-site water and/or sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. The Lease, if required, shall remain in effect until the County can provide water and/or sewer service through its off-site facilities or until such time that bulk rate water . and/or sewer service agreements are negotiated with the interim utility system serving the pro~ect. ' 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 for the project. Submit a copy of the approved DER permits for the sewage .collection and transmission systems and the wastewater treatment facility to be utilized,.upon receipt thereof. C) If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domes:lc demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. D) Construction and ownership of the water and sewer facilities, including any proposed interim water and/or sewage treatment facilities, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, Practices, etc. in effect at the time construction approval is requested. £) Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The reports shall list all design assumptions, demand rates and. other factors pertinent co the system under considera~ion. To: Ann HcKim, Planning Department Page 5 September 29, 1986 F) The ?U1) document shell be revised, to make re~erenee Co this memorandum, by date, ~d' specify the Petitioner's acceptance oE the stipulations concained herein. A revised "copy of the PUD document and · draft Ordinance for the rezoning approval -must be aubmitted to Utilities Division for review and approval prior to the Petition being heard by the Board o~ Count7 Co~nissioners. TaD/sh CC: 8eno J. pagna .~.' o.....~ ~ - .~. · Oce 5,1986 County Pl~rming Deparmment Missy McKim Collier Cotmty Coup. lex Naples Florida 33940 Missy: In regard to all the petitions for zoning changes her~ in ~he 7mmokalee ~rea. I~ is my opinic~ as Chief of the Im~okalee Fire ~epar~ent .that ~ny decision for ccnsideration c~ these matters should be t~rned down tmtil such time this fLre department c~n adequately protect what ~ already have. I base thi~ on the follC~ring. Lack of proper fzmds, tack oF m~n power, Lack of a proper water supply.. If yuu have ~ny questions please call 657-2111 County Planning _- . David Weeks ' ' ' Collier County Goverment Complex Building-F 3301 East Trail Naples Florida 33962 Mr. Weeks: There have been several questions raised about my Oct 15th,1986 letter to the planning department concerning new zoning in Immokalee. I would.like to be able to tell all concerned that the Immokalee Volunteer Fire Department has every thing under control,but that is far from the truth. This is a small department that' lacks Man-power,funds and has an inadequate water supply And on top of this we are plagued with being overlooked by the Collier County Goverment for many years. When I wrote the letter I felt this to be an opportunity to tell it like it is. Now that I have you as planners, know exactly where we stand. I know that we need growth in Immokalee,but we also have to take a closer look at each project.and design into it as much fire protection as possible during the construction stages while we have the control. In the long run this may give the fire department a badly needed boost in its operations. As for the water supply problem it is my opinion each project should be responsible for adequate fire hydrants on the site and the water department when giveing their statement to the planning board,should pug. in the G.P.M. they feel they can supply to these hydrants. We are working:on our lack of funds by trying to get the people of Immokalee to vote us a 1 mill raise in 1988. If this is passed we'.will add 4 full-time people If the vote doesn't pass god only knows how and when we will be able to increase the man-power. In closing I would like you as planners and the developers of these new projects to know,the Immokalee Volunteer fire department will work with all concerned in these developments,but we will be very cautiQus,because there are so many unknown factors -30- Missy Planning/Zoning Director Engineering Director Sanuary 19, 1987 Petition Davenport PUD FROM: DATE: RE: The Engineering Department received a request for waivers to the Subdivision Regulations for the referenced project on January 15, 1987 (copy attached). Upon review of these requested waivers ~e ~ake the following comments and stipulations: Article il, Section l&; Sidewalks - Sidewalks may be & foot in width along the internal streets and the public street off lmmokalee Drive and shall be located within the street right-of-way or a dedicated easement ad,scent to the right-of-way. The sidewalk along lgth Street shall be 5 foot in width and located within the right-of-way or a dedicated easement adjacent to the right-ol-~ay subject to providin~ the necessary drainage .facilities. Article Xt, Section 17G; Street Pavement Width - The proposed local, cul-de-sac ~t~eets providing access to the internal lot8 of this p¥oJect may have the street pavement constructed to 20 foot in width in lieu of the required 24 foot width with the condition that 76 foot of right-sr.-way · will be required with swale drainage or. 60 foot of riRht-of-vay for valley gutters. Article ii, Section 17F; Street Right-of-Uay Width - The street right-of-way width shall' be 76 foot il the swale drainage system Is choscu or may be 60 foot tf valley gutters are provided. Article XI, Section ITEl Reverse Curves - A reverse curve ~ay be permitted to alloy the street within Parcel ! to align w[th the existing street across igth Street. If you have any questions or require additional information, please advise. HEH:TLK/~s Attachment cc: Dr. Neno J. Spsgna AGREEMENT I, Dr. Neno J. Spagns, as o~mer or authorized agent for Petition R-87-19C, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing:on September 10, 1987. Collier County Planning Commission forward Petition R-87-19C to the Board of County Commissioners with a reco--.endation of approval subject to amendment of the PUD document per Staff's recommendation. OF SWORN TO ~ SUBSCRIBED BEFOP~ lie THIS '--~~ ?.,-.ru~, 1987. I'iOTAR¥ DAY 'SEAL fur COM}flSSION EXPIRES: R-87-19C Agreement Sheet 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 .~i foregoing is a true copy of: Ordinance No. 87-75 which was adopted by the Board of County Commissioners oa the 6th day of October 1987, during regular session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of October, 1987, JAMES C. GI,,~..~ ~:.... ::.....'u Clerk of Courts.q~d Clerk Ex-officio to B~.~rd of...-~.~ .': ~'- County, CommissJ~ers. By: ~irginia Magr.~'... Deputy Clerk