Ordinance 86-62 OIU)INANCE 86- 62
.ORDINANCE AKZNDING 0~ 82-2
P~NSI~ ZONING ~TIONS
~]~O~T~ ~ OF COLLIER CO~, ~RIDA
A~ING ~ ZONING A~
~GING ~ ZONING ~SSIFI~TION OF
~S~IB~ ~ PROPER~
~ PO~ ~R ~700 D~LING ~ITS
C~RC~ 152 AC~S~
FOR A
~PER~ ~T~ ON ~ SO~ SIDE OF ~O~EE
~ (SR 846), ~P~X~Y 1.8 ~LES ~ST
1-75, IN SECTION 28~ T~SHIP
~T ~ PROVIDING
~m~mEAS, Wafaa Y. Assaad, representing A.T.I. of Naples, Inc.,
c~e ~he ~nS Cl~sificac~ of the here~ described
pr~erty;
N~, ~~ BE IT 0~ by the Board of
~sioners of ~llier ~ty, ~oridas
S~ION 0~
~e Zo~n~ C~ssifi~ti~ of the ~r~ described real
located ~ ~ecc~on 28, T~hip ~8 S~h, ~nse 16 ~aC, Collier
~, Flort~ is c~ged fr~ A-l, A-2, a~ A-I "S~ Co ~"
Pl~ed UniC Deve~en~ ~u &ccord~ce ~Ch the ~ do~nc attached
hereto as ~ibi= "A" whAch is ~co~ora~ed herein ~d by re~erenca
~de pa~ hereof. ~e Official ~g A~hs ~p N~er ~8-26,
described in Ordi~nce 82-2, is hereby ~nded acco~d~ly.
S~ON ~ ~
~is Ord~nce s~ll bec~ e[fec~iva upon rece~p~ ,f no~ica
~ha= is ~s Been filed ~th ~ha Secra~a~ of S=a~e.
,. ""' R-86-9C PUD Ordinance
FOR
Approved by Board of Co~mty Commissione~s on
S~ 16, 1986
.SECTION I
SECTION II
SECTION III
SECTION IV
SXCTIO~ V
SECTION VI
SECTION VII
INDEX AND LIST OF EXHIBITS
6'ENZRAL DEVELO~ IN~OI~HATION
PROJECT DEVELOP~S'T STANDARDS
RESIDENTIAL AREAS '~"
CO~M]~CIAL AJL~A "C"
PRESEJtVE AREA "P"
GOLF COURSE "G.C."
DEVELOPMENT ~S
LIST OF EXHIBITS
PAGR
1-1
2-1
3-1
7-1
E~HIBIT A
Pl~LIHINARY NASTE~ ~ SKETCH
220
1.01
SECTION 1
GENEI~kI, DEVELOPKENT INFOIUIATION
INTRODUCTION AND PURPOSE
1.02
It is the intent of JflmyR. Adkins (Agent)) hereinafter
called "applicant" or "developer"~ to establish and develop
a Planned Unit Development (PUD) on certain properties
located in Collier County, Florida.
~IORT TITLE
This Ordinance/PUD development sh~%l be lmov~ an= cited as
The Dove Pointe PUD.
1.03
Oh"IFl"KD CONTROL
Subject property is currently under the u~ified control of
the Applicant/Developer.
STATemeNT OF COt~IANCE
This PUD is consistent with the Comprehensive Plan and other
applicable development regulations in Collier County.
1.05 CK~RAL DMCRII~ION
Subject property is approximately 252 acres located on
Y~okalee Road. It is the intent of the Developer to
provide a quality development in accordance with this
document.
1.06 LEGAL DBCRIPTION
Parcel I
Co~ncing at a ~onument at the northeast corner of Section
28, Township 48 South, Range 26 East, and ~onnin8 thence
along the east line of said Section 28, South 2' 15' 00"
East 1,676.17 feet to ~he Point of Beginnini;
thence running eith the remainder of said east line
South 2' 15' 00' East 3,673.63 feet to a ~onm~nt at
the southeast corner of Section 281 run thence along
the south line of Section 28, North 89* 57' 00" West
1,981.53 feet; thence run North 2® l&t 07" West
334.25 feet; thence run North 89® 57' 11" West 660.47
1.i®
feet to a point on the west line of the east half
of Section 28; thence rum alonE this line North 2®
13' S0" West 3,337.91 feet; thence run South 89' S8'
S2' East 2,640.6? feet to the Point of Beginning;
subject to easements and restrictions of record.
Parcel 2
· Commencing at a monument at the northeast corner of Section
28, Township 48 South, Range 26 East and run thence along
the north line of said Section 28, vest 1,980.09 feet to the
Point of Beginning;
thence running alone laid North line 660.03 feet;
thence leaving said line and runninE South 2' 13' 50"
East 1,672.29 feet to a monument; thence run South
89' S8' S2" East 660.17 feet to a ~onument; thence
run North 2' 15' 00" West 1, 676.12 feet to the Point
of Beginning;
subject to easements and restrictions of record. ,
Parcel 3
Commencing at the southeast corner of Section 28, To~ ~ip
48 South, Range 26 East, Collier County, Florida; the., $
North 89' 57' 00' West 1,981.23 feet to the Point of
Beginning;
thence continuing North 89' 57' 00" West 660.50 feet;
thence North 2' 13' 50" West 334.22 feet; thence
South 89' ST' 11" East 660.I? feet; thence South 2'
14' 07" East 33A.25 feet to the Point of Beginning;
subject to easements and restrictions of =ecord.
Parcel ~
The east half (t) of the northeast quarter (i) of the
southeast quarter (¼) of the northwest quarter (i) of
Section 28, To,reship 48 South, Range 26 East;
subject to easements and restrictions of record.
(All containing 252 acres of land more or less.)
1-2
SECTION II
PROJECT DEVELO~ STANDARDS
2'.01 PURPOSE
The l~rpose of this Section is to generally describe the
plan of the development and delineate the general conditions
that will apply to the project.
2.02 GENERAL PLAN OF DEV~O~
Dow P~lnte is · planned co~=~nity, which includes, but is
not limited to, a mixture of residential and co~ercial
~ses, golf course, open space/parks and preserve areas.
2.03 COMPLIANCE WITH APPLICABLE ORDINANCE~
The project is intended to be in substantial compliance with
the applicable Collier County general zoning end subdtv~-ion
re~ulations as well as other Collier County development
codes in effect at the time pemit plats are requested.
2.04 DEVELOPMENT AND FRACTIONALIZATION OF TRACTS
When the developer sells an entire Tract or a building parcel
(fraction of · Tract) to · subsequent owner, or proposes
development of such property himself, the developer zhall
provide to the Administrator for approval, prior to the
development of the tract by the developer or prior to the sale
to a subsequent owner of such property, a boundary drawing
showing the tract and the building parcel therein (when
applicable) and the square footage assigned to th· property.
The dr·wing shall also show the location and sizo of access to
those fractional parts that do not abut a public street.
In the event any tract or building parcel is sold by any
subsequent o~ner, as identified in Section 2.0~(A), in frac- ·
tional parts to other parties for development, the subsequent
owner shall provide to the Administrator, for approval, prior
to development of the tract by the developer o~ prior to the
sale to a subsequent owner of · fractional part, · 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 ·cceea to those fractional
parts that do not abut a p. tblic street.
o. 2&
C. The developer of any tract ~ust suhnit · Conceptual Site Plan
for the entire tract in accordance with Section 2.5 of this
document prior to Final Site Development Plan submittal for any
~or~ion of tMt trac~. ~ developer ~y choose not to
a Conceptual Si~e Plan for the entire tract if a Fin~l Site
Plan is submitted and approved for the entire tract.
D. ~e developer of ~ny tract or ~ilding pa~cel ~t'su~it~
prior to or at the s~s t~e of applicatt~ for a
peri=, a detailed site development plan for his tract or
parcel in.confo~nce with the Zoning Ordi~nce r~quir~nts
for site' develop~nt plan approval. ~is pl~ shall ~
c~pliance with any approved ~ncept~l flits ~1~ as well
sll criteria within this doc~ent.
In evaluating the fractionalization plans, the Ad~inis~rator'a
decision for approval or denial shall be based on compliance
with the criteria and the development intent as set forth in
this docuaent, conformance with allowable amount of building
square footage and the reasonable accessibility of the frac-
tional parts to public or private roadways, common areas~.or
other means of ingress and egress.
If approval or denial ia not issued within tan (10) working
d~ys, the submission sh~ll be considered automatically
approved.
2.05 PLAN APPROVAL
FUll Conceptual Site Plan Approval Process ''
l~hen PUD Conceptual site plan approval is desired or required by this
docu=ent, th~ following procedure shell be £ollo~d~
A written request for conceptual site plan approval sh~ll
be submitted to the Director for approval. The request
shall include materials necessary to d~nstrate that the
approval of the conceptual site plan will be in h~rmony
with the general intent and purpose of this document. Such
material may include, but is not limited to the folloving,
where applicable:
Site plans at an appropriate scale sho~ing proposed
placa=~nt of structures on the propertyl provisions
for ingress end egress, off-street loading areasI
yards and other open spaces.
b. Plans showing proposed locations for utilities hookup.
c. Plans for screening and buffering.
In the case of cjustered buildings required property develop°
ment regulations may be waived or reduced provided a site
plan is approved under this section.
2-2
A fee consistent with the current fee schedule for County .-. ,
sits lSavelopment Plan appr~al s~ll acc~y the
ca~t~, unless a specific fee for ~c~pt~l Sits PI~
Revie~ is adopted.
If approval or denial ts not in~nd.w~thin tw~ty (20)
ing days, th~ su~isn~on s~ll ~ c~s~.dered 'aut~tically
approved.
B. Site Development Plan Approval Process
Site Development Plan approval, when desired or requested by this
document, shall follow the procedure as outlined in the Zonins
· Ordinance. ~
2.06
The follovinR table is · schedule of the intended land uss types,
with approximate acreages ·nd total dwelling units indic·ted. The
arrangement of these land use types is shove on Exhibit "A", Pre-
li~tnary Master Plan Sketch. Hinor c.h~nges ~nd variations in deafen '
and acreages shall ba per~itted at final design to acco=modate topog~
raphy, vegetation and other develolment or site condi~ions. The
specific location and size of individual tracts and the assi~=en~ of
dwellin~ units thereto shall be submitted to the Administrator for
his administrative approval or denial in accordance with Section 2.04.
APPROXIMATI~ LAND USE DISTRIBUTION Su~uULE
LAND USE DESIGNATION.'
' ~olf Course, Parks,
Buffer Ar~s,
APPROX. NUMBER O~ CO~RCIAL
85 700
8 ,SC 000
32
19
TOTAL 252 700 80,60o:
'1 Does not include any open space or recreational stile that'
my be located within other la~d use tracts.
2-3
2.07
2.08
PROJECT DENSITY AND INTENSITY
The total acreage of the project is approximately 252 acres.
maximum number of dwelling unite to ba built on the total acreage
is 700. The number of dwelling units per gross acre is approximately
2.78. The density on individual parcels of land throughout the pro-
Ject may vary according to the type of housing placed on each parcel
of land.
The maximum square footage of the proposed commerci&l/shopping uses
is 80,000 square .feet. It is roughly estimated that this square foot-
age may be utilized as 35,000 professional and 45,000 square feet es
retail.
EASEMENT FOR UTILITIES
Easements shall be provided for water mmagement arees/1.'es, utilities
a~d other purposes as may be needed.
All necmssary easements, dedications, or other instrtm~nts shall be
granted to insure the continued operation and maintenance of all service
utilities in kubstantial compliance with applicable regulations in
effect at the time approvals are requested.
2.09 ZSSEFrIAL SERVICES
Essential services are considered aa an acceptable per~itted use on
all land use categories within the project.
2.10 EXCEPTIONS TO THE COLLIER COUNTY SUBDMSION REGULATIONS
Article X, Section 16: Sidewalks/bicycle paths will be provided
on one aide of the street.
Article X, Section 19: Street name markers end traffic davicaa
shall be approved by the County ~ngineer but need not ~eet the
U.S.D.O.T.F.H.W.A. ltanual on unifom traffic control devices.
Street pavement painting, striping and reflective edging on
secondary road system ehall be waived. Reflective edging of main
road system shall be waived.
C. Article XI, Section 10~ PP~t'a installation in · typical water
valve cover shall be waived.
D. Article X, Section 24: The requirement of utility casing
installation aha11 be waived.
E. Article XI, Section 17R: the 1,000 ft. maximu~dead-end
street length requirement shall be waived.
2-&
t
2.11
Article XI, Section 17II5 Back of curb radii at street intmr-
sections shall be a minimum of 30 ft. (Local to local streets
only).
Article XI, Section 175: The requirement for 100 ft. ninimum
tangent at intersections of secondary road system will be
vaived; (Approved for private roads only subject.to farley and
approval of the County Engineer et time of construction plan
approval. This exception shall not be granted for the --in
entrance road).
Article XI, Section K: The requirement for 100 ft. tangent
sections between reverse curves of secondary road system shall
bs waived. (Approved [or private roads only subject to reviev
and approval of the County Engineer at time of construction plan
approval. This exception shall not be granted for th. main
entrance road).
I. Article XI, Section 215 The requirement for blank utility
castnss sh~ll be vaivsd.
AI{GICULTURgUSE .,
Argic~ltural uses including related accessory uses and structures
are considered as acceptable pe~nitted us,is in ill land use cate-
sories, except in the preservation areas, in the project, until
residential building permits ara isried in compliance vtth this
document.
2-5
3,01
S~IION III
RZ~I~ZN'I~ ~J~ "R"
The p~rpose of this Sect~o~ ts to set forth the re~ulations for the
areas deeiBnated on ~xhibit "A", PrelimiMry Master 21an Sketch, as
Residential.
3.02 t~X33~H D~'~..LING UNITS .
A maximum number .of 700 dwelling units may be constructed in all of
~ residential parcels.
3.03 ?~i~-1-~,, USES AND STRU~
No b~llding or structure,or part thereof, sh~ll b, erected, altered
or used, or land or water used, in whole or in part, for other than
the following:
A. Permitted Principal Uses and Structuroe:
Single Family l~ellings provided that the single family uses
are not intermingled with =clti-family uses within the e~
development POD/Parcel. (All single family areas shall
require subdivision Haster Plan approval and platting).
dwellings.
3. Water ~nage~ant facilities and lakes.
B. Permitted Principal Uses and Structures Requiri~& Site Plan
Approval:
Villas, clu~ter amd group housing, to~nhousee, garden
apartments, patio ho~es, zero lot lines and two (2) family
dwellings.
C. Permitted Accessory Uses and Structures:
1. Customary accessory uses end structures, including but not
limited to private garages end private s~imming pools.
2. Signs as permitted by the Collier County Zoning Ordin~nce
in effect at the ~ime permits are requested.
Model homes shall be permitted in conjunction with the
promotion of the development. Such model homes shall be
permitted for a period of one (1) year from the initial
3-1
use as a eodel. The Planning/Zoning Director ~ay authorize
the annual extension of such use upon ~rritten request and
Justification.
PROPI~IW DLrVIiLOPHENT 1L~qJI~TIONS
3.01.0i 'iEN'ERAL: Ail yards, set-ba~ks, etc., shall be applied
in relation to the individual parcel boundaries.
3.06.02 HINIHUH LOT AREAS AND DIHENSIONS FOR SINGLE FAHILY DETACHED:
Area
Frontage
10,000 Square Feet
80'Feet Interior Lots
95 Feet Corner Lots
80 Feet Cul-de-sac and odd shaped lots.
(Measured et the front yard setback
arch).
3.0a.03 HINIH~SETBACKS:
Front
Side
Single Family Detached Dw~llings~
25 Feet
?.$ Fee~ One Story
10.0 ~eet T~o or~ore atories
Rear 20 Feet
Golf Course or
Lakes or Re-
20 Peet
3.04.04
B. All Other Duelling Typeas.
Twenty (20) feet from POD/Development Parcel/Tract Line.
The distance between any two principal structures on the am
parcel shall be fifteen (15) feet or a distance equal to
one-half (t) the sum of their heights, whichever is greater.
HAXIHUH BUILDING HEIGHT~
. Three (3) habitable/living stories above parking.
3.04.05 WINDr~ FLOOR
750 Square Peet~
3.04.06 SIGNS AND HI'h'INUH OFF-STREET PARKING~
As ~ay be permitted or required by the applicable Collier
County Zoning Ordinance in effect et the tt~e a pemit
is requested.
3-2
3.04.07
CONCEFTUAL PLANS:
Approval of a Conceptual Site Plan shall b~ required for
all PODs/Parcels shown on the P~D Master Plan prior to
Fracttonalization.
.!'
COM~fl~CIAL "C"
12e purpose of this Section is to sat [orth the re~ulattons
for the areas designated on the Prelimin~ry H~sater Plan
Sketch, as Con~nerciel.
~.02 ~lf. tU~'t-t-~.~ USES AND
No building or structure, or per~ thereof, shall be erected,
altered or used, or land or water used, in v hole or in part,
for other than the following=
A. Permitted Principal Uses and Structurms= '
1. Automobile service stationa without repairs.
Baker shops - including baking only~hen incidental
to retail sales from the premisesl banks and financial
institutes; barber and beauty shops; bicycle sales
and service.
3. ~hild care centers.
Delicatessensl drug storeel dry cleaning - collecting
and delivering only.
5. Yood markets.
6. Hardware stores.
7. Ica cream shops, ice sales (not includins ice plants).
g. Imtmdrias - self service only.
9. Heat Markets, medical offices,
10. Post Offices; professional offices.
11. Repair shops - radio, TV, sn~ll appliances, shoes; and
restaurants - not including drive-ins.
12. Shopping center - not $o exceed 25,000 square feet.
14.
Veterinary clinics - no outside kenneling.
Any other convenience co~rcial use which is comparable
in nature with the foregoing uses and which the Zoning
Director determines to bm co~patible in the district.
Permitted Principal Uses and Structures Requiring 3its Plan
Approval:
1. Permitted uses with less than 1,000 square feet gross
floor area in the principal structure.
C. Permitted Accessory Uses and Structures~
Accessory uses and structures customarily associated with
the uses permitted in this District.
2. Caretaker's residence.
Signs as permitted by the Collier County Zoning Ordinance
---in-effect at the ti~e pemits are requested.
4.03 PROFERTY
4.011.01
4.03.02
All yards, setbacks, etc. shall be in relation to the
parcel/tract boundaries.
~I~ SETBACKS ~
From tract boundaries, one-half (t) of principal building
height with a minim~
Front (lmmokalee Road or
~lain ~ntrance Road)
1~ feet within which no
parking shall b~ allo~ed
nor any merchandise ,toted
o~ displ~ymd.
~p f~ f~ ~ mr
Rear 25 feet
East Property Boun~ry T~ent7 five (25) feet
Distance between any two principal structuresz Ten (I0)
feet.
4-2
i_,.~ ' &.03.03
.'.
1.03.0t
4.03.05
4.03.06
~ FLOOR AREA OF ~C~ S~:
'thousand (i,000) sq~re feat per ~lldtn8 ~
Brand
FJ~IFOH KglGHT OF STRUCTURES~
Thirty (30) feat.
SIGNS AND HINIHUH OlrF-sTREgT ~A~:
As may ba permit~ed or required by the applicable
Collier County Zoning Ordinance in effect at the
time a permit is requested.
SPECIAL PROPEI~Tt DEVELOPKENT REGULATIONS:
Ao
Landscaping, buffer areas end supplementary
district zoning regulations that may be
applicable.to certain uses above shall b~
adhered to unless in conflict with any of
intent or the provisions specified herein.
Be
Harchandise storage end display. Unless
specifically per~itted for a given uss, outside
storage or display of merchandise is
prohibited.
C. A Conceptual Site Plan shall b~ approved for the
entire site prior to fractionalization.
De
No permits shall b~ approved for the Conmercial
parcel until such time as the 4-1aning of Innokalee
Road is complete.
E. A Landscape buffer per the requirements of the
Zoning ordinance in effect at the tine pemite are
required using native veget~ation as much as possible
shall be provided along the Easterly line of the
Commercial parcel.
F. Access to the Co~nercial trick shall be generally
internal with any exceptions being designed in
accordance with ordinance 82-91 or revisions thereof.
4-3
I~rl:~se' of this Section is
set, forth
designated on Exhibit
No building ~ structure, or pat~c thereo~, s~all
for other t~ the foll~ings
A. Pri~ci~a'l Uses R~quirin~ Site PI~ Appr~al~
1. Nature trails incl~
';3. Pat~ ~d b~idies to
.... ~. ~hsr acti~ties for re~tl~, c~semti~, ~d
vatl~ when appr~ed ~ ~e Pl~in[/~lng
B. Pe~ttted Accesso~ Us~s ~d St~ctures~
1. Accesso~ uses ~d st~ctures ~t~rily ~sociated
with the ~es p~mitt~ ~ this district.
2. Si~s as pe~itted in the zonin~ ordi~ce.
in the prese~a area Is subject to zevi~
6.01 ,~osz
The purpose of this Section Ss to set ~orth the regulations
for the areas des~nated ~ ~h~b~t ,A"~ ~el~ ~ste~
PI~ Sketch, as ~lf C~rse.
po building or structure, or part thereof, shall b~ erected,
altered or used, or land or water used, in whole or in part,
for other than the folloving~
Permitted Princi[al Uses and Str~ctures
1. Golf Courses; parks; recreational facilities and
buildings; open spaces; game courts and the like.
2. On-site utilities (including treatment facilities).
3. Water Hanagement Facilities and Lakes.
Any other open space activity which is comparable in
nature with the foregoing uses and which the
Administrator detar~ine~ to De compatible to t~
District.
'. Permitted Accessory Uses and Structures
Clubhouses, pro-shop, practice driving range and
other customary accessory uses of golf courses, or
other recreational facilities.
Snmll commercial establishments, including gift
shops, golf equipment sales, restaurants, cocktail
lounges, and similar uses, intended to exclusively
serve patrons of the golf rouse or other permitted
recreational facilities, subject to the provisions
of the applicable supplementary resulations of the
Zoning Ordinance.
Shuffleboard courts, tennis courts, swimming pools,
and other types off facilities intended for outdoor
recreation.
,00 024,,,,,. 235
signs are
!~;~ Ordinance in affect at tbe~,tl~e pereits are .~W,~'c~
"~ requested. ' ' ~ '- , ' ~ - r · ~
conJ~ction ~th the operat~ of th~ Iolf c~rs. as '
datelined to ~ c~atible by the A~inistrator
provided tha~ the ~x~ n~r of d~lling ~ite
for the entire project s~ll not ~ceed 700 .
, '~.'~
6. Accesso~ ~es and st~ctures ~st~rily with.. -:-
-. ' principal uses pemitted in this District. · , :~ "
peri~eter boundaries of such plans shall be recorded in
the a~e canner as a subdivision plat.
6.03.01 ~e~rsl ~e~vire~e~t~, .- ~'
a. ~erall site dell~ l~I1 ~ ~l~s In
te~ of I~dscapin[, ~clonri of It~cturel,
locati~ of access streets ~d parkin~ 'ar~as
~d location ~d trust of ~ffer ar~s.
b. BulldinKs iMll ~ leh back a 'min~ of fifty
(~0) fee~ fr~ a~ttins residential districts
and the setback area ~11 ~ appropriately
landscaped and ~intained to act as a ~ffer
c. Lightins factli~ies s~ll ~ arranged in a
~nner vhich viii protect roadvays and
nei~h~rin2 properties fr~ direct ilare, or
other interfer~ce. ~ ' ~ ~
6.0~.02 Hax~ ~eilh2 of St~ctures
6.03.03
SiKhs and Hinimum Off-Street Perkin~
As may be permitted or required by the applicable
Collier County Zoning Ordin~nce in effect ·t the
time · permit is requested.
6-3
024. ,',~. 237
SECTI~ON VII
DEVELOPHENT ¢OMHI~S
7.01 t~RPOSE
The purpose of this Section is to set forth the general commitments
for development of the project.
7.02 DEVELOI~fl~r PLAN
A. The proposed Heater Plah iljustrates the tentative develop-
~ent, uses and locations of certain facilities.
The design criteria and layout iljustrated on the Master Plan
shall b~ understood as flexible so that the final design
may beat satisfy the project and comply with all applicable
requirements.
The size of the assigned land uses may b~ belov; or in-
creased over; that shorn on the {taster Plan provided that other
applic~ble development regulations are met and that the pre-
serve areas and the total of the residential areas shall not
be decreased except as may be otherwise allowed ~nder the
Provisions of Seation 7.05.F of this document.
Do
Final design changes in the golf course and residential tract
boundaries are considered minor in nature and shall be per-
mitted subject to administrative staff approvals provided,
however, that:
1. The acreage of the total residential areas shall not
b~ decreased.
2. The portions of the golf course shove along the out-
side perimeter of the project shall not be relocated.
7.03 USE OF PROPERTY FOR ELECTION POLL~:
The use of the common facilities within the project for election
centers/polls shall be permitted as may be needed or required
by the Supervisor of Elections.
7-1
A. ~ater & ~ever
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
o~nershtp, operation and maintenance purposes pursuant to appro-
priate County Ordinances and regulations in effect at the time of
conveyance. All water and sewer facilities constructed on private
property and not required by the County to be located within
utility easements shall be owned, operated and maintained by the
Developer, his assisns or successors. Upon completion of
construction of the water and se~er facilities within the project,
the facilities will be tested to insure they neet Collier Countyts
utility construction requirements in effect at the time construction
plans are approved. The above tasks must be completed to the satis-
faction 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 conve)~d to the County,
when required by the Utilities Division, pursuant to County
Ordinances and Regulations in effect at the time conveyance is
requested.
All construction plans and technical specific~tions and proposed
plats, if applicable, for the proposed water distribution and
savage collection and transmission facilities Bttlt be review and
approved by the Utilities Division prior to commencement of construc-
tion.
All customers connecting to the water distribution and sewage
collection facilities viii be customers of the County and viii 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 sever service to the project, the water and/or sever customers
shall be customers of the interim utility established to sewve
the project until the County's off-site water and/or sever fac-
ilities are available to serve the project.
7-2
It is anticipated that th* County Utiliti,s Division will ul-
timately supply potahl* wst*r to m~et th* consumptiv, demand
and/or receive and treat th, sewage gansrated by this project.
Should the County systma receive the proJectts wastewater at the
time development commences~ th, 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 require~ents of the appropriate
regulatory agencies.
An Aireement shall be entered into between .the Co~ty and the
Developer. binding on the Developer. his assii~ns or successors.
legally acceptable to th, County~ prior to th, approval of construc-
tion documents for the proposed project, stating that~
a. The proposed water supply and on-site treatment facilities
and/or on-site wastewat,r treatmnt and disposal facllities~
if required, are to be constructed as part of the proposed
project and ~ust b~ regarded as interi~ they shall b~ con-
structed to Stere and ~ederel standards and are to be owned.
operated and ~aintained by the Develope. r~ his assigns or
successors until s~ch tim~ as the Countyts off-site water
facilities and/or off-site sewer facilities shall supply
services only to those lands owned by the Developer snd ap-
proved by the County for development. The utility facility(les)
~ay not be expanded to provid, water and/or sewer service
outside the development boundary approved by th. County
without th~ written consent of th, County.
b. Upon connection to the County% off-sitm wa~er facilities~
snd/or eewer facilities, th* Developer. his assigns or successors
shall abandon, dis~ntle and re~ov, from the mits the interim
water and/or sewage tre,t~nt facility and discontinu, uss
of the water supply source~ if applicable, in a ~anner con-
sistent with State of Florida standards. All work related
with this activity shall be performed st no cost to th. County.
c. Connection to the County's off-site water and/or sewer facilities
will be ~ade by th, o~ners, their assigns or successors at no
cost to the County within ~0 day~ after such facilities become
available. The cost of connection shall include, but not be
1haired to. sll engine,ring design and preparation of con-
struction documents, per~itting~ ~odification or refitting of
existing sewage pu~ping facilities or constrvction of new
~aster sewage pu~ping facilities~ interconnection with County
off-site facilities, water and/or sewer lines necesary to
~ake the connection(s), etc.
7-3
fo
At 4ne time County off-site water ·nd/or sewer facilities ere
ay'liable for the project to connect with, the following'
wa.-? and/or sewer f·cilities shall be conveyed to the County
pursuant to appropriate County Ordinances and Re~ulations in
effect at the time:
All water and/or sever facilities constructed in publicly
o~ned rights-of-way or within utility easements required
by the County within the project limits required to make
connection with the Countyts off-site water and/or sever
facilitiesl or,
All water and sewer facilities required to connect the
project to the County's off-site water and/or sewer facil-
ities when the on-site water and/or lever facilities ·re
constructed on private property smd not required by the
County to be located within utility e·aements, includini
but not limited to the following:
a. Hain sewage lilt'station and force main inter-
connecting with the County sever 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 meter serving the project, including ·ll
utility easements necessary.
The customers served on an interim basis by the utility system
constructed by the Developer shall become customers of the County
at the time when County off-site water and/or sever f·cilities are
available to Serve the project ·nd such connection is made. Prior to
connection of the project to the Countyts off-site water and/or
sever facilities the Developer, his assigns, or successors sh·ll
turn over to the County · complete list of the customers served
by the interim utilities system and sh·ll not compete with the
County for the service of those customers. The Developer shall
also provide the County with a detailed inventory of the facili-
ties served within the project and the entity which will be res-
ponsible for the water and/or sever service billing for the
project.
All construction plans and technical specifications related to
connections to the County's off-site water and/or sewer facili-
ties viii be submitted to the Utilities Division for review and
approval prior to commencement of construction.
7-4
Co
Do
g. Th,~ Developer, his assigns or successors aBree to pay all ayaten
development chargee at the time that Building Permits are re-
quired~ pursuant to appropriate County Ordinances and Regula-
tions in effect at the time of Permit request. This require-
ment shall be made known to all prospective buyers of proper-
ties for which building permits will be required prior to the
start of building construction.
h. The County will lease to the Developer far operation and
enance the water distribution and/or sewage collection and trans-
mission system for the sum of $10.00 per year, when such system
is not connected to the off-site water and/or sewer facilities
o~ned and operated by the County. Terms of the lease shall be
determined upon completion of the proposed utility construction
and prior to acti~Ation of the water supply, treatment and
distribution facilities ~md/or the dewage collection, trane-
mission and treatment facilities. T~e 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 project.
Data required under County Ordinance No. 80-112 showing the availabil-
ity of sewage service, must be submitted and approved by the Utilities
Division prior to approval of the construction doctunents for the pro-
Ject. Submit a copy of the approved DER permits for the sewage collec-
tion and transmission systems and the wastewater treatment facility
to be utilized, upon receipt thereof.
If an interim on-site water supply, treatment and transmission facil-
ity is utilized to serve the proposed project, it must be properly
sized to supply average and peak day domestic demand, in addition to
fire flow demand at a rate approved by the appropriate ~lre Control
District servicing the project area.
Construction and ownership of the water and sewer facilities, includ-
ing any proposed interim water and/or aewase 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
sewale collection and transmission systems to serve the project must
be submitted with the construction documents for the project. The re-
ports shall list all design assumptions, demand rates and other factors
pertinent to the system under consideration.
7-5
Ho
The project's Developer(s), his assigns or successors slmll constz~ct
and utilize an on-si~e sec~ dis~i~i~ sys~m for ~he ~e of
tr~ted s~age effluent within the pro~ect l~tts~ for ~igation
purposes and potentially for fire fl~ ~oses. ~a ~r v~ld ~
responsible for providinl ~11 on-site pipin~ ~nd p~inE flcilitils
f~ ~he Colby's poin~ of delive~ to the project ~d viii provide
full vet weather on-site storage faciliti~s, as required by the D~
consiste~ with the vol~ of treated wastswater.to ~ utiliz~d.
Trea~ed effluen~ ~ill be supplied to the proJec~ pur~ to the
~un~y's es~ablished ra~e schedule. ~e secondary distri~ion
sys~ shall be cons~cted pursuant to the findinss of s detailed
hydraulic desisn report. ~ report ~s~ be su~i~ed ~i~h t~z
const~c~ion doc~en~s for ~h~ project. ~e report sMll lis~ all
desisn ass~p~ions, d~nd re[es ~d other factors p~rtinen~ to the
sys~ u~der considera~ion.
~hen the County has the ability to provide eewale trsat~nt and
dlsposal and water supply services, the l~veloper, his essigns or
successors will be responsible to connect to these fe¢ilittee st ·
point to be established by the County, with the Dew·loper ·esu~ini
ell costs for the connection work to be performed.
Prior to approval of construction documents by' the Utilities Division,
the Developer ~st present verificetion, pursuant to C~apter 367~
Florida Statutes, that the Florida Public Service Commission has
granted territorial rights to the Developer to provide sewer end/or
water service to the project, if an interi~treatm~nt facility(fee)
is required, until the County can provide these services throulh its
water end sewer facilities.
7-6
WATER MANAGEM~:
Ae
Detailed site drainage plans, including golf course grading
plans shall b~ submitted to the County Raginaer for review. No
construction parmit~ shall be issued unless and until approval
of the proposed construction in accordance with the submitted
plans is granted by the County Engineer.
An Ex~avation Permit will be required for the proposed lakes in
accordance with Collier County Ordinance No. 80-26, as amended by
Ordinance No. 83-3, and as may be amended in the futura.
7.05 ENVIRONWENTAL CONSIDERATIONS~
A site clearing plan shall be submitted to the Natural
Resources Manag~nt Department and the C~,,~nity Development
Division for their review and approval prior to any
substantial work on the site. This plan may be submitted in
phases to coincidr with the development schedule. The site
clearin$ l, lan shall clearly depict how the final site layout
incorporates retained native vegetation to the maximu~ extent
p~ssible ;md how roads, buildings, lakes, parking lots, and
other facilities have been oriented to acco~nodate this goal.
Native spocies shall be utilized, where available, to the
maxinn~ extent possible in the site landscaping design. A
landscaping plan will be submitted to the Natural Resources
Managem~!nt Depar~nent and the Community Development Division
for their review a~d approval, prior to the issuance of build-
ing pemits. This plan will depict the incorporation of
native species and their mix with other species, if any. The
goal of site landscaping shall be the re-creation of native
vegetation and habitat characteristics lost on the site during
construction or due to pest activities.
All exotic plants, as defined in the County Code, shall be
removed during each phase of construction from development
areas, open apace areas, and preserve areas. Following site
developnent a maintenance program shall be implemented to
prevent rainvasion 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
Divisio~.
7-7
Do
If, during the course of site clearing, mxcavation, or other
constructional activities an archaeological or historical
site, artifact, or other indicator is discovered, all
development at that location shall b~ imediately stopped and
tb~ Natural Resources Hanagernent Department notified.
Development vi11 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 ~esources Management Department rill respond to any
such notification in a timely and efficient m~nner so as to
provide only a mlnt~al interruption to any constructional
activitits.
The thre~ acre cypress wetland along the nid-so~thern boundary
shall ha preserved in its entirety.
The five acre cypress/pine wetland along the mid-s~stern
boundary shall be preserved and no orchids shall b~ removed
from their original sites. Any alteration or land developments ·
that are related to the Golf Club section 6 of this docun~nt
may b~ located vithin this five acre tract provided that a detailed
layout and mapping of the environment and the proposed uses is
submitted to and administratively approved by the staff of the
Natural Eesource Nanaiement Depart~nant.
7-8
245
.7.06
A.
Co
The developer shall provide left and right turn Ianea on
lmmokalee Road at the project entrance. Approval of a
driveyay location at this time does not imply · median
opening will be provided when lmmokalee Road is four 1·ned.
The dew, loper shall provide arterial level street lighting
and a fair share contribution toward the capital cost of a
traffic signal at the project entrance when deemed
warranted by the County Engineer. The signal will be owned,
operated and maintained by Collier County.
Access. to the commercial track shall be generally internal
with any exceptions being designed in accordance with Ordinance
82-91 or revisions thereof.
The developer shall provide up to 50 (50) feet of tight-of-way
along the south side of ~m~okalee Road, subject to final roadway
design. Any right-of-way donation in excess of the normally
required 25 (25) feet shall be credited toy·rd any road impact
fees required under Ordinance 85-55.
~xcept as provided in "D' above, the above required improvements
are consolidated "site related" as defined in Ordinance 85-55
and shall not be applied as credits toward any t~pact fees
requred by that ordinance.
The developer shall reserve seventy-five (75) feet of right-of-way
along the eastern most property line for future arterial roadway
purposes. Credits shall be ·pplied toy·rd any is~act ~aas
required if the right-of-way ia donated.
A minimt~ of fifteen (15) feet wide landscaped buffer shall be
provided between the main internal ro·d and the "future art·rial
road". Such a buffer shall be located within road right-of-ways.
The location of the project entrance road shall be coordinated,
if possible, across from any project entrance to the project
to the r,crth.
7-9
7.07 ~ ~R,~,'I~OH
The develolment shall co~ply with applicable codes ~nd re~lati~s
~d s~ll pay any area/district wide officially adopted ~act fees.
7.08 RATING SYST~
In order tkat the project ~ay comply with th~ ratinl s~stm
included in Section la.9 of the Curr~nt ZoninE Code and for ms lonE
as' this Section of the Zoning Ordinance is in force, no Certificates
of Occupancy shall b~ issued until such ti~ as there is a fire
station within five (5) miles from the project (reEardless of the
fire district in which such a station may be located) or until
the developer has demonstrated other acceptable means of complyini
with :he re%ini system requirement to the Board of County Co=~nissioners.
7-10
I]
~ m w
i, Waf~a Aasaad, aa o~ner or authorized asant for Petition
R-86-9C, asree to the follovin$ stipulations requested by the Collier
County Plar_ning Commission in their public hearing on August 7, 1986.
A~end=ent of the PUD Doctment per staff report dated July 31, 1986.~
OF
SI,'OR~I TO AND SUBSCRIBED BEFORE HI~ Tills
G IL~a,~ . 1986.
O
SEAL
HY COHHISSIOIt EXPIRBS:
STATE OF FAORIDA )
COUNTYOF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing ies true original of
ORDINANCE NO. 86-62
that was adopted by the Board of County Commissioners during
Regular Session on the 16th day of September, 1986.
WITNESS my hand and the official seal of the Board of County
Ccmmissione=s of Collier County, Florida, this 22nd day of
September, 1986.
JAMES C. GILES
Clerk of Courts and Clerk
· x-officto to the Board of
County Commissioners