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Ordinance 86-12 RECEIVED ~I'ILt4Xi~CALO~.,~C~I~ AHE~ING ~~ 82-2 ~ ~- ~L~~DZ~C ~T~S ~ ~E ~- C~GING ~E ZONING ~SIFI~TI~ OF ~E H~IN ~-6 ~ "~" ~ ~IT D~~, ~ ~ DAYS l~, FOR A ~ ~ A ~ ~ OF 150 ~ ~ ~AIL ~OPS ~ A RESTA~, ~ 111~ A~ WOR~, ~ROX~Y 370 ~ ~T OF US-~I IN S~I~ 28, T~IP 48 SO~, ~CE 25 ~T, 5.77 ~ A~SI ~ P~VIDINO ~ ~ , - ."~, Hole, Hone:es, & CenC~ial Croup II - Naples, Associates, Inc., represent petitioned the Board of CounC;'~ CouLiesioners to change the Zouin8 Classification of the herein described real properS; NC~, THEREFORE BE IT ORDAINED by the Board of County Coumlseloners of Collier County, l~oridat The ZoninS Claeaiftcacion of the herein described real property located in Section 28, Tovnohip 48 8outh, Range 25 East, Collier Count7, Florida ia chan~ed froa I~D, C-3 and RKF-6 Co 'FUD" Planned / Omit Developuent in accordance v~th the PUD doonaenc attached hereto as Exhibit "A" vhich ~J incorporated herein and by reference nade parc hereof. The Official Zoutn$ Atlas Hap Ntmber 48-25-8, as described in Ordinance 82-2, Lo hereby m~nded accordingly. " This Ordinance shall become effective upon receipt of notice Chat is has been filed ~th the Secretary of SCats. March 25, 1986 BOARD OF COUFI~f COLLIE~ COUNTY, FLORIDA PISTOR, This o~ir~.ce flied wlth the SecremW of State's ' "'*., ~ ~[~ of . .... :_ ~SIST~ ~ A~ -- . DAY~ INN PLANNED UNIT DEVELOPMENT (REVISED) MARCH 1986 . ' DATE ISSUED~arch 19t'1986 DATE APPROVEDBYCCPC Februar]r 20, 1986 DATE APPROVEDBY BCCMarch 25, 1986 ORDINANCE NV.VdBER 86-12 PREPAP, ED BY: Neno g. Spagna, President Florida Urban Institute Naples, Florida Hole, Montes and Associates, Inc. Naples, Florida TABMI OF. CONTI~TS S~CTION 1:~ Property p and ~eserlptton ,', : 8£CTI01~ 2: Project Develo~nt 1 SECTION 3: Land Use Regulations: Tract A SECTION 4: Land Use Regulations: Tract B SECTION 5: General Development Requirements SECTION 6: Statement of Compliance 13 EXHIBIT A: List of property Owners EXHIBIT B: location Map ]D~IIBIT C: Site Plan EXHIBIT D: Memorandum (Utilities Division, dated November 26, 1985) EXHIBIT E: Letter (North Naples Pire Control District, dated January 15, 1986) ~ ,.% SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this section is to identify the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed. 1o5 LEGAL DESCRIPTION Lots 3 through 42, less the Northerly 10.00 feel~ of Lots 3 through 22, of Subdivision of Block 1, Unit No. 1, Naples Park, as recorded in Plat Book 4, Page 5, Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP The property ts currently under contract for sale to the petitioner, Centennial Group II - Naples. See Exhibit A for the current list of property owners. 1.4 GENERAL DESCRIPTION OF PROPERTY The subject property consists of 5.77+ acres of land and is generally located between ll0th Avenue North and Illth Avenue North, approximately 30? feet west of U.S. 41 (See Exhibit B). The major portion of the subject property is now being used by the 'Trail Drive-In Theater and a flea market on weekends. There are existing houses on Lots 25 and 27 and commercis] buildings on a number of the other lots. B. The Drive-In Theater property was rezoned to a Flarmed Unit Development by th~ Board of County Commissioners on December 19, 1978 by Ordinance 78-85. C. Lots 3, 4, 5, 40, 41 and 42 are presently zoned C-3. D. Lots 23 through 28 are presently zoned RMF-6. The Comprehensive Plan designates the subject property within the *Urban Area** The Comprehensive Plan requires 40 points in order to permit the uses being petitioned for in this app]icetion. The petitioner guarantees to meet the minimum number of required points as a condition of approval of this petition 1.6 PHySICAL'DESCRiPTION The elevation of the subject property var'les from about ? to 9 feet N.G.V.D, Be The subject property is located within zone A-10 (El. 12 feet) as Identified in the Federal lnsuz'anee Rate Map. Like all properties in Collier County, it is eligible for insurance under the Nsttonal Flood Insurance Program. Ce The primar~ soil t~jpe of the subject property is Immokalee Fine Sand (Ia) as classified by the U.S.D.A. Soil Conservation Survey of Collier County, Flor'ida, 1954. The lmmokalee Fine Sand is characterized as leve~ or nearly level, slow surface z'unoff, rapid internal drainage. Depth of bedrock is given as many feet with water table at 30 to 39 inches. Except for the residential lots, which contain primarily only low shrubs, the propert~ contains little native vegetation. Australian Pines mere planted alonl~ portions of the Drive-In Theater site as a buffer from the road. ENVIRONMENTAL IMPACT STATEMENT AS REQUIRED BY ORDINANCE 77-66 The natural environment has been ~ompletely altered by man in the past when the subject property was developed into its present condition. It appears as though none of the ot'iginal soil informations, vegetative cover and wildlife habitat z'emains in significant form. As a result of this past disturbance to the natural environment, the petitioner is requesting an exemption from the requirements of Ordinance ?7-66 as provided in Section 8, Paragraphs 3A, SB and 3Co -2- S[~CTION 2 PROJECT DEVI~LOI~IENT 2o1_ PURPOSE 2.2 The purpose of this Section is to delineate and generalllr described the project plan of development, the respective land uses of the parcels included in the project, as well as the project criteria for future development. GENERAL Ae Reimlations for de~relopment 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. B. Unless otherwise noted, the definition of all terms shall be the same as the definitions set forth in the Collier County Zoning Ordinanoe. 2.3 SITE PLAN AND LAND USE Ae The site plan (Exhibit C) consists of the proposed layout of the PUD. This proposed project consists of s modern motel facility along with its related facilities, a second principal building with Certain permitted uses, access, off-street parking, lake open space and landscaping. The site plan is conceptual in nature and depicts approximate locations of buildings, parking and other facilities. Minor changes may be approved by staff to allow exact locations and dimensions to be established in the final project design and development. 2.4 DEVELOPMENT AND FRACTIONALIZATION OF TRACTS When the developer sells an entire tract or a building parcel (fraction of a tract) to a subsequent owner, or proposes development of such property himself, the developer shall provide to the Planning/Zoning Director' for approval, prior to development of the tract by the developer or prior to the sale to a subsequent owner of such property, a boundary drawin~ showing the tract and the building parcel therein (when applicable) and the equate footage assigned to the property. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. l'n the event any tract or building parcel is sold by any subsequent owner, as identified above, the fractional parts to other parties for development, the subsequent owner shall provide to the Planning/ -3- Zoning Director fo~' approval, prior to development of the tract by developer or prior to the sale to a subsequent owner of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the square footage assigned to each of the fractional parts. The drawing shall also show the location and size of access to those f'ractionalization parts that do not abut a public street, Ce The developer of any tract or building parcel must submit, prior to application for s building permit, a detailed site development plan for his tract or parcel in conformance with the Zoning Ordinance requirements and procedures for site development plan approval. This plan shall be in compliance with the PUD document and the PUD Master Plan. De If approval or denial of the fractionalization plan is not issued within ten (10) working days, the ~ubmisston shall be considered automatically approved. 2.5 FINAL SITE DEVELOPMENT PLAN Site Development Plan approval, when desired or required by this document, shall follow the requirements and procedures ss outlined in the Zoning Ordinance in effect at the time of submittal. '4--' SECTION 3 LAND USE REGULATIONS TRACT A S.1 PURPOSE It is the purpose of this sect/on to outline the land use reEulattona for Tract A of the project as shown on the site plan so that the development may proceed in a manner which is consistent with the PUD Document and according to the general goal and objectives of the County's Comprehensive Plan. PERMITTED PRINCIPAL USES AND STRUCTURES Hotels, motels. Any other use which is comparable in nature with the foregoing uses and which the Zoning Director determines to be compatible in the dtstrtct. 3.3 PERMITTED ACCESSORY USES AND STRUCTURES A. Any accessory uses or structures customarily associated with the permitted print~pal uses and structures. Shops, personal service establishments, restaurants, dancing and staged entertainment facilities, meeting rooms and auditoriums, where such uses are an lnteEral part of the hotel and motel. Any other use which is comparable in nature with the foregoing accessory uses and which the Zoning Director determined to be compatible in the district. PROHIBITED USES AND STRUCTURES 3.5 A. Time. sharing facilities. B, Any use ox' structure not specifically, reasonable fmpHcation permitted herein. DEVELOPMENT STANDARDS provisionally or by A. Minimum Lot Area - determined at time of fractionalization. B. Minimum Yard Requirements - 20 feet from north and east property lines; 50 feet from south and west property lineo. -5- Maximum Height - three stories or 35 feet, exclusive of antennae, air conditioning towers, elevators, and any other' appurtenances which are usually required to be placed above the roof level and not intended for human occupancy. Maximum Density Permitted - the maximum number of units shaU be 150 motel rooms, a maximum of which twent7 percent (20%) may be suites. Distance Between Structures - for any two buildings, there shall be provided a distance equal to one-half (~) of the sum of their heights. Minimum Floor Area Requirements:. (1) 500 square feet minimum per suite (2) 9-$0 equate feet minimum per hotel/motel room (3) 1,000 square feet for all other permitted principal uses. Signs - as required by the County Zoning Ordinance at the time of application for construction permits. Minimum Off-Street Parking and Off-Street loading Requirements - as required by the County Zoning Ordinance at the time of appUcatlon for construcUon permits except that for permitted accessory uses which are an integral part of the hotel or motel building, no addiUonal parking shall be required. Lighting - lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. Minimum Landscaping Requirements - a ten (10) foot wide landscaped buffer, as defined by the County Zoning Ordinance in effect at the time construction permits are requested, shall be constructed along the west and south property line as a visual barrier from the adjacent properties. The remaining landscaping shall meet or exceed the requirements of the County Zoning Ch-dinance at the time of application for construction permits. -6- ! · 4.2 LAND USE REGULATIONS TRACT B PURPOSE It la the purpose of this section to outline the land use re,relations for Tract B of the project as shown on the site plan so that the development may proceed in s manner which is consistent with the PUD Document and according to the general Koal and objectives of the Countyts Comprehensive Plan. PERMITTED PRINCIPAL USES AND STRUCTURES Shops, personal service establishments, restaurants, professional or business offices, financial institutions. Any other use which is comparable in nature with the foregoing uses and which the Zoning Director determines to be compatible in the district. 4.3 PERMITTED ACCESSORY USES AND STRUCTURES A. Any accessory uses or' structures customarily associated with the permitted principal uses and structures. Be Any other use which is comparable in nature with the fore~,~tng accessory uses and which the Zoning Director determined to be compatible in the district. 4.4 PROHIBITED USES AND STRUCTURES Any use or structure not specifically, pro-dston~lly or by reasonable implication permitted herein. 4.5 DEVELOPMENT STANDARDS A. Minimum Lot Area - determined at time frectionelizstion. Ce Minimum Yard Requirements - 20 feet from north, east and west property lines; 50 feet from south property line. Maximum Height - three stories or 35 feet exclusive of antennas, air conditioning towers, elevators, and any other appurtenances which are ust~Al!y required to be placed above the roof level and not intended for human occupancy. -7- , ., .~;~:;. ,~, ~, ;,,'. ; ~st~ee Between Stratums - f~ ~y two (~) p~n~pal b~dtn~, , there sh~l ~ p~ded a d~ equ~ to one-h~f (t) of the sum of ~eir h~ghts. Minimum Floor Al"e~ Requirements - 1,000 square feet for pet'mitted principal uses. SiLms - as required by the County Zoning O~dinance at the time of application for construction permits. Minimum Off-Street Parking and Off-Street Loading Requirements - as required by the County Zoning Ordinance at the time of application for construction penuits. Lighting - lighting facilities shall be arranged in a manner which will p~otect roadways and neighboring proper-ties from direct glare or other interference. Minimum Landscaping Requirements - a ten (10) foot wide landscaped buffer, as defined by the County Zordng Ordinance in effect at the time construction permits are requested, shall be constructed along the south propel-ty line as a visual barrier from the adjacent propet't~eso The renmining landscaping shall meet or exceed the requirements of the Counter Zoning Ordinance at the time of application for construction permits. -8- SECTION 5 GENERAL DEVELOPMENT REQUIRE~IENTS PURPOSE The purpose of this section is to set forth the general development requfrements and conditions for development of this PUD. PUD MASTER PLAN Ae The PUD Master Plan herein is intended as an ~luatrative preliminary development plan. The desitin criteria and layout fljustreted on the Master Plan shall be understood to be flexible, so that, the rival design may satisfy project criteria and comply with all applicable requirements of tl~ts ordinance. Be All necessary easements, dedications'or other instruments shall be ~ranted to ensure the continued operation and maintenance of all pubUc service utilities. C. Minor design changes shall be permitted, upon staff approval, without an amendment of this PUD Document. D. The existing plat for this property shall be vacated prior to issuance of eonatruction permits. 5.3 WATER MANAGEMENT PLAN The water management facilities will be designed and constructed in accordance with Collier County and South Plorida Water Management District requirements. Detailed site drainage plans shall be submitted to the County EnLdneer for review. No construction permits shall be issued unless and until appr~vM of the proposed construction accordance with the submitted plans is ~ranted by the Ccn3~ty Engineer. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, tide project shall be designed for a storm event of S-day duration and 25-year return frequency. An E~eavation Permit will be required for the proposed lake in accordance with Collie~ County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and as may be amended in the future. In the event the owner or future owner fails to properly maintain/operate the open lake to the satisfaction of the Water Management Director and/or the Natural Resource Management Director. the open lake will be converted to a dry retention basin in accordance with the Rules of the S]F~MD. 5.4 ROADS, TRAFFIC AND ENGINEERING The internal roads shall be privately owned and maintained by the petitioner or his assigns. The roads will be exempt from tho requirements of the Collier County Subdivision Re~atlations. Waivers will be requested by the developer prior to approval of final site design. B. The project shall be served by two access points on lllth Avenue North as depicted on Exhibit C. C. The deveiope.r shall provide westbound left turn lanes st each project entrance on lllth Avenue North. De The developer shall provide arterial level street lighttn~ at the easternmost entrance and street lighting comparable to that of the Naples Park Street. Lighting District at the westernmost entrance. Bike paths will be required along Illth Avenue North and along 8th Street. The final locations of the bike paths shall be subject to approval of the County En~4neer but may be located within the right-of-ways if possible. 5.5 SOLID WASTE DISPOSAL Arrangements and s~'resments for the collection and disposal of solid waste and trash shall be made by the petitioner with an authorized collector at the time of need. UTILITIES °A. Arrangements and a~Teements for these utility services shall be made by the petitioner with authorized providers at the time of their need. Be The stipulations of the Utilities Division Memorandum dated November IS, 1985 (Exhibit D) shall pertain to applicable potable water and sewer facilities on the site. Any establishment requiring a Collier County Public Health Unit permit shall submit plans to the Environmental Health Department for a construction permit. - I0 - FIRE PRoTECTIoN A, The North Naples Fi~e Control District reviewed this Petition and recommends approval with the stipulation that a minimum 8 inch water main and fire hydrants be installed in this area to provide adequate fire protection. Be The developer shall contribute to the Capttal improvements program of the North Naples Fire Control District. The contribution shall be in accordance with the fees outlined in Exhibit E based upon pet'mitted building square footage, and shall be made at the time of application for building permits. 5.8 ENVIRONMENTAL CONSIDERATIONS Ae A site clearing plan shall be submitted to the Nstursi Resources Management Department end the Community Development Division for their review and approval prior to an~ substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clesrinl~ plan shall clearly depict bow the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other' facilities have been oriented to accommodate this goal. Native species shall be utilized, where evil-hie, 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 end approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-croation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. Ce All exotic plants, as defined in the Count]r Code, sh~/1 be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a ,mtntenance 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 Community Development Division. De If during the course of site clearing, excavation or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resouroe 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 Uscss the - 11 - 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. - 12 - SECTION STATEMENT O1~ COMFLIANCE The petitioner states that if he prcceeds with the proposed development, he will: A. Do so in accord with: Ce (1) the Comprehensive Plan of Collier County, Florida, (2) reKulations existini~ when the amendment rezontng the land to PUD is adopted, and, (3) such other eonditiorm or modifications es may be attached to the rezoninl~ of the ]and to the P.UD classification. Pr~)~rlde aK~eements, contracts, deed restrictions, or sureties acceptable to the County foe completion of the undertak/ng in accord with the adopted Master Plan as well as for continuing operation and maintenance of such areas, functions and facilities that are not to be provided, operated or maintained at general public expense. Bind his successors in title to an~ commitments made under (A) and (B) preceding. - 13 - LIST OF PROPERTY OWNERS D. A. /i Margaret V. Haynes $ Ridge Drive Naples, Florida 33940 Betty Peery 84? 94th Street North Naples, Florida 33963 James R. Spears 809 ll0th Avenue North Naples, Florida 33963 Nick Cucinelli . ??? 106th Avenue North Naples, Florida 33963 ;UTURE ROAD iG 'ARD., GINS. ,: PROJEC MILE8 C~.896 RIDGE GOODLETTE FRANK RD. VD. EXHIBIT B lOCATION ~ : MEMORANDUM " DATE: 14% PIC~C~on 1-~S-2~C - ~, D~ ~ ~apl~ ~ re~ u ra~. ~er, ~ re~e ~ a ~~ ~ ~ ~~~ for ~ ~a~er ~ ~r' lyitenl wLU be conitrucCed ~t the project 4evelolment by the de~el~er l~rsu~nt to Ltl c~re~t requirenenCl of Coll:~sr 'Countyend the SfJte 'of Florida. Vater m2d oe~er fac~llCies ~C~ctad phcced ~ts~f~y ~ ~h ut~ eae~nc8 requir~ by ~e ~ sh~ h ~eyed Co the ~ for ~ership, operaC~ ~d ~Ce~ce ~ses ~r~C Co appr~rhte ~uncy ~d~ces re~C~ ~ effecfl ~C t~ C~ of ~veyance. ~1 water and fac~Ciee c~c~cCed ~ ~Ce p~er~ ~ hoc required by the ~ co b ~Ced ~Ch~ uC~Cy m~Co sh~ be ~ed, ~raced ~~d by the D~e~r, ~ ase~ or successors. Up~ c~leci~ ~C~c~ ~LF~Ci ~ e~ecc iC the CM of ~C~C~ piece. ~ i~e ~b ~C h ~leCtd Co the ~C~s~IcCL~ of or Fi~Cely ~ed, ~ 2) All cousCrucc~ou p?~- ~nd to~ epec:L~lcac~ms and proposed place, ~ app~L~cable, ~or the proposed vaCer dbcribuc~ou and sewage 3) Ail customers c~mect~u~ to the rater d/acribuci~n and sevaAs co~ecc~ facilici~ ~'h ~c~rs ot the ~ ~d ~ be b~led by the ~ ~ accor~ce ~ch the ~cyVl efCabl~hed races. Shou~ ~e ~Cy ~C be ~ I ~s~C~ Co. pr~de ~cer ~d/or i~r aspca co the project, the ~Cer ~/or imf ~C~rf fh~ h ~c~rl o~ chi ~erh uc~ es~b~hed Co oe~e the project ~c~ the ~'s Offf-iiCl wiser ~d/or imf fac~CLel are av~b~ to . Fro~ ecc, 4) ZC ~w ~C~ctpaCed thc ~l ~ UC~LCLei O~li~ ~1 ~C~cely ~Iy ~ble ~cer Co meC the ~c~ye d~nd ~d/oF receive iud treat chi le~e feneraCed ~ th~ pro~ecC. Sh~ld the ~ty lylCa ~c be ~ 4 ~l~c~ Co ~PPI7 potable ,racer co the project receive the proJecc'l ~lc~acic ac the c~ developenC cwencel, ~veloper, mC his e~enl4, ~11 ~Call and operate ~Cerb water ~ply ~d dlepoial facilities ~equaCe Co ~ec all rl~irM~Cl O[ the a~r~Cl re~Co~ lg~cXel. ~)'~ An. Asreeuent shall~ be eUCared into between the county and tha?~ De-lisper, ~nd~ng ~ the D~el~r, h~s ass~s or ~ccess~s. ~egal~y accep~b~e ~ the ~, p~r to the a~r~al o~ for ~he pz~sed~oJecc, s~c~Z thc: a) ~ pro~sed ~Cer ~ly a~ ~s~Ce Crea~C facflLC~es .d/or ~ ~c~ced al parc of C~ ~led pro~ecC ~ ~ce~; they shll b c~s~cCed ~o S~Ce ~d Federa~ are to be ~ed. ~raCed ~d ~ih~ed ~ the D~el~er. his aasi~ ~ ' ~ccessoro ~c~l ~ch c~ as the ~ncy's o~f-e~ce ~cer ~acil~C~es f~/or o~lct f~r facilities art ava~ble Co ee~ce chi project. ~e ~cer~ Crea~nC [~c~l~c~es s~ll supply se~ces l~ds ~ed by Chi ~eveloper ~ appr~ed b7 chi ~c7 for d~elo~enc. ~e ucili~ faclli~(its) u7 nsc be expanded Co pr~de racer s~r se~ce ~cside chi de~elo~nc ~da~ appr~ed by Chi ~C~C Chi ~iCC~ c~senC of Chi ~n~. b) U~ c~ecci~ Co Chi ~Cy's off-site ~cer facilities, and/or o~r fac~c~es, chi ~vel~r, hb assi~ or ~cces~rs ehll aband~. Crea~nC facility and d~c~C~e use of the ~Cer npply ~rce, ~1 wrk rehced ~ch chh acti~cy shll be partied aC no cost co Chi ~. c) ~ecc~ Co Chi ~'l off-lice water ~d/or ~1 h mdc ~ chi ~er/, tbir siiip or nccessors ac ~ ~sc co the ~ ~ch~ 90 ~ after ~ch fac~lCiel ~cM ~a~ble. ~e cost deli~ ud prepiraCi~ of cwC~cci~ do~nCl, pe~Cc~g, t~u or refiCC!,~ of fmge ~g ~8c~iciel, ~Cerc~ecCi~ ~Cy o~-lice facilities, water a~/or sever the c~ecc~(I), etc. d) AC' Chi C~e ~unCy of~ofiCe racer and/or I~r facilities are ~milable for the project to ~necC ~ch, the foll~n~ ~cer snd/or imf facilities Ihll be c~eFed to the ~c~ ~r~nc co approprhce ~nCy Ordl~nces and b~hCa ~ef~ecC sC Chi C~: 1) ~1 vacer snd/or imf facilities c~sc~cCed in ~blicly ~ed,rishcs~f~ay or.chin utility easwuCs re.ired ~ the ~c7 ~chin Chi project lhtci and those addiCiOflal facilities required to ~b connection ~Ch Chi ~unc~*l off-site vicar and/or le~r facilities; or. 2) Ail racer and s~er ficlliCiel required co connect chi Project co chi C~ncyel o~[-sice racer end/or se~r ~en the on-site vicar mhd/or, sever facilities are consc~cced ~ private property and nsc required by chi ~un~y co be ii.ced vich~ utility easwnca, iucludins buc nsc l~iced co the ~oll~inS: b) R·ter distribution f·ciZitisa iron the point of connection vith the County's voter facilities ¢o the master rater near sur~ln~ the project, includin$ ut~ity easemnts necesttry. 4) The custoMr, served on an' inturin baals b~ the utility ~sten* constructed by the Developor shell bacons custau~rs of tbs C~unty at the cl~e ~hen County off-si~e u~er __~4__/or sever.facilities are ay·ii,b1· Co serve the prelect and such connection is mdc. Frio~ Co connection the protect Co the County's oft-sits wtsr and/or sever facilities the Developer, his Isslsns, or successors shall turn over to the County couplet, list of the cuscomrs served by the lnterin utilities system and shell not toupees with the County for the service of those cuetouere. The Developer shell ·1so provide the ~nmty with · detailed t~vantor7 tbs ficilitiee served within tho project and the entity which will be reoponaibl· for the water a~l/or sever service billing for the project. f) All cona~ruction plans ~md te~___~__ic~l specifications related to connections to the County's off-site voter ·nd/or sever f·cllitiss be subn4ttsd to the Ut~itJJ· Div~J~m for rainy s~d a~prov·l prior co Z) The Developer, his assigns or successors a~ree Co pay all systes development charges it the time thee Building Ferries are required, pursuant to appropriate County Ordin~nces and ReSulatioflo in effect aC the tim of Permit request. Th~ requirement shall be md, knovn to all prospectivd buyers of properties for which building permits till be required prior to the et·re of b~llding construction. h) The County rill lease to Cbs Developer for operation ·nd maintenance tbs racer distribution and/or sev~ge collection and Crins~ission syste~ for the sun of $10.00 per year, When such system is not connected to the off-sits water sod/or sever facilities ovned end operated by the County. Ter~ of the lc·se shill be determined upon completion of the proposed utility construction ·nd prior to activation of the rater supply, treatment end distribution facilities end/or the sevsge collection, tr·nsuission end treatment facilities. The Mite, if required, shell renain in effect until the County c~tn provide ~·ter iud/or seater service through ice off-site facilities or until such time Chat bulk race voter and/or sever service agreements are negotiated wi£h the interim utility system serving the project. B) Deta required under County Ordinance No. 80-112 shoving the ay·il- ability of sewage service, mst bo submitted and approved by the ~ltilitiss Division prior to ·pprov·l 'of the construction doctments for the project. Submit · copy of the approved DER permits for the enrage collection and trinsuiesion syetens and the vaetswater treat~nent facility to be utilized, upon receipt thereof. C) Construction and ovnership o£ the water ~nd sever'facilities, including ~y p~sed ~Ce~ ~cer ~f~ sage crea~flC ~aetl~C~el~ s~11 be ~n c~l~ ~ch all UC~Cteo Dt~I~ oC~dards, PolLc~es, ~d/~ncef, D) Detailed hydraulic design relMr~m covering the water distribution and n~cced ~ch cha ~C~cC~ do~ncJ for Cha pro, acc. ~e report Ih~ ~C a~ defi~ al~Cl~l~ dm~ races and ocher factors perc~e~c · Co the ~sc~ ~der c~derlC~'. D) Section 4, General Develo~euc Requiremntf, uuaC have · Utilities Section added to it. The PUD documnc shall be revised to make reference to chis ue~orandtm, by date, and specify the Petitioner's acceptance of the scipulation~ contained hareLuo A revved copy of the I~D document Bust be anb~iCted Co the UtiLIties Division for rev~ev and ~ppr~al p~or Co mill D~ AgreenenC ~eeC ~.'~?' ! . WILLIAM J. REAGAN, Clerk of Courts in and [or the Twentieth judicial Circuit, Collier County, Florida, do hereby certify that the Eoregoing is a true original of. ORDINANCE 86-12 which was adopted by the Board o~ County Commissioners during Regular Session on the 25th day o{ March, 1986. WITNESS my hand and the o~[icial seal of the Board of County Commissioners of Collier County, Florida. this 26th day o~ March 1986 Clerk of Courts and Clerk.. ..... ~ ..... Ex-Oificio to Boar~ of County Commissioners .....