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Ordinance 86-77ORDINANCE S6- 77 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING ILEGULATIONS FOR THE UNINCOR- POILATED AREA OF COLLIER' COUNTY, FLORIDA BY AI~NDING THE ZONING ATLAS HAP NUKBERS 50-25-7 AND 50-26-4 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROH A-2, A-2 "ST", RHF-6 AND "ST" TO "PUD" PLANNED UNIT DEV~LO~ KN01~N AS "CDC" FOR PROPERTY LOCATED SOUTH OF THOHASSON DRIVE, SOUTH AND I~6ST OF US-&I AND EAST OF THE NAPLFS BAY INT£RCOASTAL I~ATERVAY IN SECTIONS 23, 24, 25, 26 AND 36, TOt4NSIIIP ~0 $OLrI'H, RANGE EAST AND SECTION 19, TOIv'NSiiIP 50 SOUTH, RANGg 26 EAST; FOR A MAXIIiIIH NUKBER OF 4,000 DI~ELLING UNITS ON 1921 ACI~S, A liARINA, A PARK, GOLF COI/RSE AND OTHER COI~I~RCIAL USES AlfO PROVIDING AR EFFECTIVE DATE. ,,~ WI~REAS, ~ilson, Hiller, Barton, Soll and Peek, representin~ Collier DeVelopmeut Corporation~ petiti~ed t~e ~ard o~ Count ~ssioners to change the Zou~ Classification of the herein,.~--' '"~' , ~, ~~ BE IT the Board of ~ty C~ssioners~.~ of Collier County, Florida: ~e Zo~n~ Clasaifica~ion of the here~ described re~l property ,'.: located in Secti~s 23, 21', 2~, 2~ ~d 36, T~hip ~0 S~th, 25 ~st, and Section 19, To.ship ~0 South, hn8~ 26 ~at, County, ~lorida ia c~anged fr~ A-2, A-2 "ST", ~-6, and ~-6 to "P~" Pla~ed Unit Develo~enC in accordance ~ch the ~ docmnt attached hereto as hhibit "l"'{hich'is inco~orated here~ and by reference ~de part hereof. ~e Of[itel Zonio8 ACM ~p Nu~erl ~0-25-6, 50-2~-7 and 5~26-~ as described in Ordimce hereby ~ended accordin81y. ~is Or~nanc~ sh~11 b~cm ~ffec~v, upon rece~p= of R-8~I~C ~ Ordinate ~C D C* PLANNED UNIT DEVELOPMENT DOCUMENT DATE ~SSUED= Jun, e,Sr,1986, , DATE ~EVISED: November 12~ 1986 DATE APPROVED BY CC~C: ~'~vem~er 7¢ ~986 DATE APPROVED BY BCC: No~embe~ 10r 1986 ORDINANCE NUMBER: 86-77 SECTION TABLE OF CONTENTS TITLE TITLE PAGE TABLE OF CONTENTS INDEX OF TABLES AND EXHIBITS PAGE IZ-ITZ 'tV STATEMENT OF INTENT 1-1 OWNERSHIP AND PROPERTY DESCRIPTION 2.01 Short Tlt~e 2.02 Intent and General Location 2.03 Legal'Description GENERAL PLAN OF DEVEi~PMENT 2-1 3-1 3.01 3.02 3.03 3.04 3.05 3.O6 3.07 3.08 3.09 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 Purpose / ~' "'. Land Use " Master Development Plan Density ' Development Sequence and Sgheduling .-Fractionalization of Tracts PUD Conceptual Site Plan Approval Process Development Phase Review Modifications Architectural Review Utility Easements Lakes and Retention Roadways Sidewalks and BicyCle Path~ Signage Parking, Lighting and Landscaping Exceptions to.the Collier County Subdivision Regulations' Temporary Use Permits Restrictions Involving Alcoholic Beverages CDC PUD Page ~00~ 1:;7¸ 7 SECTION TABLE OF CONTENTS TITLE DEVELOPMENT STANDARDS 4.01 "MRC" Marina Resort Center/"MB" Marina Basin/"MP" Marina Parking 4.02 "VC" Village Center 4.03 "C" Commercial 4.04 "R" Residential 4.05 ~RO' Recreation/Open Space 4.66 "P' . Pa~k 4.07 "RR" Resort Recreation 4.08 "GC" Golf Course 4.C9 'S/FS" School/Fire Station GENERAL DEVELOPMENT COMMITMENTS 5.01 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 5.10 Compliance with PUD Document Energy Recreation and Open Space Utilities Environmental Consi~erations Water Management Considerations County Engineering Stipulations Transportation Polling Places Boat Traffic Study DEFINITIONS AND ABBREVIATIONS ' TABLES AND EXHIBITS PAGE CDC PUD SECTION. X XX INDEX OF TABLES AND EXNIBITS TITLE Land Use Summary Estimated Residential Dwelling Units/Gross Density Estimated Development Sequence TITLE Location Map Topographic ~ap/Flood ~ones Soils Vegetation Map Master Drainage Plan Master Development Plan "RUE" Areas Donated Lands CDC PUD Page IV SECTION I STATEMENT OF INTENT The Collier Development Corporation project provides a full range of residential, commercial, recreational, institutional services and facilities, and public water management and transportation improvements which will substantially benefit Collier County and its residents. ' The development of approximately 1,918+ acres of property in Collier County and 50 acres in the --City of Naples, as an integrated Planned Unit Development of mixed land uses will be in compliance with the planning goals and objectives of Collier County as set forth in' thF Comprehensive Plan. The residential, commerical, marina resort and village center, and associated recreational facilities of the Project will be consistent with the County's growth policies, and applicable comprehensive planning objectives for the following reasons~ 1) The subject property has the necessary rating points t° determine the availability of adequate community facilities and services. 2) The Project is compatible and complementary to the surrounding land uses. 3) Project improvements are planned to be in compliance wl~h applicable regulations. 4) The Project will be more efficient, and thus more desirable resulting in smaller networks of utilities and streets with consequently lower construction and future maintenance costs~ than development within conventional zoning districts. 5) The Project will permit flexibility in design and will feature amenities and excellence in the form of variations in siting, land useage, and 'varied dwelling units, as well as adaptation to and conservation of many of the natural characteristics of the subject property. 6) The Project will result in an efficient and economical extension of community facilities and services. 7) The Project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities. ! , 8) The Project will serve to meet the local and regional demand for marina facilities and other water-dependent land uses in a manner highly consistent with modern land use planning and environmental guidelines. SECTION II OWNERSHIP AND PROPERTY DESCRIPTION 2.01 SNORT TITLE This ordinance shall be known and cited as the "CDC P.U.D. Ordinance'. 2.02 INTENT AND GENERAL LOCATION It is the intent of Collier Development CorPOration (hereinafter referred to as "Developer") to establish a Planned Unit Development (hereinafter referred to as the 'Project") on approximately 1,918% acres of property located in Collier County, .Florida, an~ approximately 50+ acres located in the City of Naples, Florida. -- ~he subject property is generally located south of Thomasson Drive, south and west of U.S. 41 and east of the Naples Bay Intracoastal Waterway in the western POrtion of Collier' LEGAL DESCRIPTION. All Of section 19, Township 50 South, Range 26 East, lying south and west of U.S. 41, Collier County, Florida less the following described parcel~ Commencing at the northeast corner of Section 24, Township 50 South, Range 25 East, Tallahassee meridian, Collier County, Florida run South 89'-42'-29" West along the north line of said Section 24, to a boat spike 139.55 feet, marking the point of intersection of said north line and southwesterly right-~f-way line of th~ Tamiami Trail (U.S. 41); thence South 39 -03'-31" East along said southwesterly right-of-way line 1,944.62 feet to & concrete monument, the Point of Beginning; thence continuing South 39'-03'-31" East 200.00 feet to a concrete monument on the north bank of Walker canal; thence South 40'-53'-29" West along said north bank 400.00 feet to a' concrete .monument; thence North 39'-03'-31" West 200.00 feet to a concrete monument; thence North 40'-53'-29" Bast 400.00 feet to a concrete monument on the southwesterly right-of-way of the Tamiami Trail (U.S. 41), the Point of Beginning; containing 1.837 acres, more or less. Subject to an easement along the southeasterly side as recorded in Official Records. Book 157, page 269 of the Public Records of Collier County, Florida. ~ 2--1 , All of Section 24, Township 50 South, Range 25 East, Collier County, Florida, less the northerly 1,940.99 feet of the westerly 1,290.00 feet; subject to road rights-of-way as recorded in Deed Book 53, page 496 and Official Records Book 30, page ]38; subject to a Collier County drainage easement over the west 30 feet as recorded in Official Records Book 207, page 5]9; and subject to a Florida Power and Light Company utility easement as recorded in Official Records Book 857 r page ]037 of the Public Records of Collier County, Florida. and All of Section 25, Township 50 South, Range 25 East, Collier County, Florida. The west ]/2 of Section 23, TownshiP 50 South, Range 25 East, less the north 1/2 of the southwest 1/4 of the northwest 1/4, Deed Book 32, page 481, Deed Book 32, page 499, Deed Book 28, page 59 and O.R. Book 778, page 717~ Collier County, Florida, excepting therefrom that part of Section 23, Township 50 South, Range 25 East, described as follows: Commencing at the southwest corner of sa~d Section 23; thence along the west line of said Section 23, North 0'-07'-30" West 670.46 feet to the'l.65 contour line an'the POINT OF BEGINNING of the exception herein described; thence along the 1.65 contour line in the following sixteen (16) described courses; 1) South 72'-04'-24" East 21.83 feet; 2) North 67'-31'-43" East 379.44 feet; 3) North 51'-59'-51" East 129,24 feet; 4) North 33'-48'-20" East 177.12 feet; 5) North 24'-16'-11" East 213.58 feet; 6) North 9'-46'-16" East 92.69 feet; 7) North 2'-25'-15" West 206.58 fee~; 8) North ]3'-39'-07" West 113.65 feet; 9) South 20'-35'-24" West 67.51 feet; 10) South 29'-59'-27" West 157.28 feet; 11) South 10'-12'-20" West 158.36 feet/ 12) South 18'-01'-21" West ]58.09 feet; 13) South 36'-37'-39" West ]90.25 feet; 14) South 64'-22'-33" West 75.17 feet; 15) South37'-2]'-54" West ]56.99 feet; 16) North 83'-19'-11" West 126.99 feet to the west line of said Section 23; thence along said west line, South 0'-07'-30" East 257.7] feet to the Point of Beginning of.the exception herein described; .. subject to easements and restrict~ons of record; containing 4.14 acres more or less. 2-2 ALONG WITH That part of Section 36, Township 50 South, Range 25 East, Collier County, Florida described as follows~ BEGINNING at the northeast corner of said Section 36; thence along the east line of said Section 36, South 0'-19'33' West 1,518.00 feet; thence North 87°-29'-17' West 2,901.96 feet; thence North 0'-]9'-33' East 1,377.27 Yeet to the north line of said Section 36; thence along said north line, North 89°-36'-02' East 243.56 feet to the north 1/4 corner of said Section 36; thence North 89'-44'-40' East 2,656.45 feet to the Point of Beginning of'the parcel herein described; subject to easements and restrictions of record; containing 96.39 acres more or less. ALSO ALONG WITH that part of Section 26, Township 50 South, Range 25 East, Collier County, Florida described as follows~ Commencing at the northeast corner of said Section 26~ thence along the east line of said~ection 26, South 0'-18'-53" west 2687.99 feet to the'east 1/4 corner of said Section 26 and the POINT OF BEGINNING of the parcel herein described; thence continue along said east line, South West 900.00 feet; thence leaving said line, South 89'-31'-25' West 1347.70 feet; thence North 0'-19'-57" East 157].95 feet to a point on the boundary of that land as described in O.R. Book 32, page 460, Collier County Public Records, Collier County, Florida; thence along said boundary, North 89'-3]'-50" East 673.60 feet; thence continue along said boundary, South 0'-19'-29' West 671.86 feet; thence continue along ~aid boundary, North $9°-3~'-25· East 673.66 feet to the east 1/4 corner of said Section 26 and the Point Of Beginning of the parcel herein described; ' subject to easements and restrictions of record; containing 38.23 acres more or less. 2-3 ' ALSO ALONG WITH Lot 70, Naples Grove and Truck Co. Little Farms ~2 (P.B. 1, page 27) Collier County Public Records, CoIlier County, Florida~ subject to easements and restrictions of record~ containing 10.16 acres more or less. _ ALSO ALONG WITH Lot 71, Naples Grove and Truck Co. Little Farms ~2 (P.B. 1, page 27) Collier County Public Records, Collier County, Florida~ subject to easements'and restrictions of record~ containing 10.19 acres more or less. ALSO ALONG WITH ·., Lot 91, Naples Grove and Truck Co. Little Far~ page 27) Collier County Public Records, Collier County, Florida~ subject to easements and restricti~ns of record~ '~6ntaining 10.16 acres more or less. Entire project containing 1;918 acres more or less within Collier County jurisdiction. City Limits portion of project for reference only PARCEL All that part of Section 22, TownshiP 50 South, Range 25 Eas{, Collier County, Florida being, more particularly described as follows~ BEGINNING at the southeast corner of said Section 22~ thence South 89'-34'-30' West 341.00 feet to the 1.65 contour line; thence along said 1.65 contour line in the following. sixteen (16) described courses~ 1) North 40~-00'-00' West 67.00 feet~ 2) North 37~-15'-32' West 96.46'feet~ 3) North 0~-08'-00' West 276.88'feet~ 4) North 9~-34~-53' West 93.01 feet~ 5) North 18'-30'-35" West 135.32 feet~ 6) North 2~-06'-38' East 181.03 feet~ 7) North 27~-47'-25' West 121.42 feet~ 2-4 8) North 13"-23 -29" West 65.08 feet; 9) North 20"-05 -01" East 54.25 feet; 10) North 74"-54 -45" East 44.25 feet; 11) South 76"-01 -49' East 124.75 feet; 12) North 88"-37 -27' East 96.24 feet; 13). South 47"-15 -50' East 233.39 feet; 14) South 25"-23'-00" East 146.96 feet; 15) South 38"-23'-41" East 52.02 feet; 16) South 72"-04'-24" East 20.75 feet to.the east line of said Section 22; thence along said east line, South 0"-07'-30" East 670.46 feet to the southeast corner of said Section 22 and the Point of Beginning.of the parcel herein described; subject to easements and restrictions of record; containing 9.95~ acres mor~ or less. ALSO ALONG WITH PARCEL "H" Ail that part of Section 22, Township 5~ South, Range 25 East, Collier County, Florida being more particularly described es follows; Commencing at the southeast corner of said Section 22; thence along the east line of said Section 22, North 0"-07'.-30" West 928.17 feet to the 1.65 contour line and the POINT OF BEGINNING of the parcel herein described; thence along said 1.65 contour line in the following forty-one (41) described courses; 1) North 83"-19'-11" West 4.05 feet; 2) North 31"-16'-25" West 104.16 feet; 3) North 60"-29'-38" West 131.12 feet} 4) North 34"-42'-01' West 135.33 feet; 5) North 7"-12'-11' East 48.24 feet; 6) North 44"-34'-37" East 69.88 feet; 7) North 18"-06'-20" East 77.43 feet; 8) North 24"-22'-21" West 90.19 feet; 9) North 63"-29'-55" West 99.85 feet; 10) South 66"-13'-31" West 127.69 feet; 11) South 12"-42'-17" West 116.27 feet; 12) South 34"-28'-44' East 52.16 feet; 13) South 4"-17'-19' East 89.03 feet; 14) South 44"-04'-33" West 48.52 feet; 2-5 15) South 69'-37'-02" West 126.00 feet; 16) South 45'-11'-42" West 91.81 feet; 17) South 8'-21'-53" West 83.81 feet; 18) South 7"-25'-09" East 154.39 feet; 19 South 25'-22'-23" West 66.66 feet; 20 North 69'-43'-58" West 90.03 feet; 21 North 44'-56'-22" West 67.05 feet; 22 North 22'-30'-48" West 243.11 feet; 23 North 2'-49'-51" West 109.53 feet; 24 North 16'-18'-42" East 247.34 feet; 25 North 29'-54'-26" East 111.72 feet; 26 North 20'-07'-03" East 169.85 feet; 27 North 10'-15'-28" West 141.72 feet; 28 South 82'v56'-40" West 69.28 feet; 29 North 68'-56'-05" West 175.97 feet; 30 North 50'-02'-53" West 245.14 feet; 31 North 37'-47'-34" West 105.47 feet; 32 North 5'-02'-51" West 225.80 feet; 33 North 72'-24'-46" East 136.93 feet; 34 North 73'-18'-36" East 205.69 feet; 35 North 66'-58'-42" East 165.55 feet; 36 North 71'-44'-14" East 225'.29 feet; 37 North 13'-20'-50" West 97.50 feet; 38 North 31'-33'-15" West 105.64 feet; 39 North 6'-08'-55" East 169.56 fee~; North 14'-51'-31" East 265.66 feet; 41) North 9'-13'-28' East 162.40 feet to the south right-of-way line of Danford Street (a 60' right-of-way) as. shown on the plat of Naples Bayview (P.B. 2, page 91) ~ublio Records of Collier County, Florida; thence along said south line, North 89'-18'-50" East 484.15 feet to the east line of said Section 22; thence along said east line South 0'-09'-10~ East 641.26 feet to the east 1/4 corner of said Section 221 thence continue along said east line, South 0'-07'-30" East 1764.01 feet to the Point of Beginning 6f the parcel herein described; subject to easements and restrictions of record; containing 39.96 acres more or less. im SECTION III GENERAL PLAN OF DEVE~DPMENT 3.01 PURPOSE The Project is a fully integrated planned community incorporating a mixture of residential uses, commercial, village and marina-related facilities and recreational amenities. These uses will be designed to serve both a resort-oriented (including convention) function and a more private (permanent and/or seasonal) residential function. Utilities, roadways and water management systems will be provided to' accommodate the development and allow fog adaptation to ahd conservation of the various natural elements of the property. The purpose of this document is to encourage a more desireable environment, improve the quality of life for residents, and establish guidelines and standards for development of the subject property. These standards intended to permit the flexibility necessary to accomplish this type of development. This document therefore contemplates a departure from the strict application of use, setback, height, and minimum lot requirements found in conventional zoning re~ulations. Application of the Planned Unit Development (P.U.D.) techniques to a given tract will permit development flexibility in design and will feature amenities and excellence in the form of variations in siting, mixed land uses and varied dwelling types, as well as adaptation to the topography and other natural characteristics of the land. The purpose of this Section is to des=gibe the General Plan of Development and establish general standards and conditions 'which will apply to the development of the Project. 3.92 LAND USE Table I "Land Use Summary" (page 7-1) identifies the intended land use designations, their approximate acreages and the percentage of that acreage to the total pro~ect acreage. The location and relationship of these land uses are shown in Exhibit "H" -.The Master Development Plan. 3-1 ' Variations in land use, parcel design and relative acreages shall be permitted to accommodate topography, vegetation, drainage patterns and other site or market conditions. The final size and configuration of land uses will depend on the a=tual requirements of adjacent building parcels, roadway patterns, golf course layout and water management factors. 3.03 MASTER DEVELOPMENT PLAN Exhibit "H", Master Development Plan i~ a conceptual design plan which iljustrates tentative development uses and location of certain facilities. Design criteria and layout iljustrated on the Master Development Plan and other exhibits supporting this Project shall be understood to be flexible so tha~ the final design may satisfy development objectives and be consistent with the General Plan of Development, as set Forth in this document. 3.04 DENSITY The Project occupies approximately 1,918+ acres within the '.:. Jurisdiction of Collier County and 50+_--acres within the~i~]~*]il. Jurisdiction of the City of Naples. A maximum of 4,000 residential dwelling units are permitted within the entire project which results in a density of less than. 2.0+ dwelling units per gross acre. Table II~ "Residentia~ Dwelling Units/Density" (page 7-2) displays the entire estimated dwelling units by residential product type. ., The General Plan of Development contemplates that the . Developer will have maximum flexibility in assigning densities to the various tracts and building parcels. Therefore, densities of individual tracts or building parcels may vary according to the type of structure placed on each parcel and the final configuration of that parcel. Should there be an increase in res~dential units on any given tract, there would be corresponding decreases in other tracts to maintain a maximum of 4,000 residential dwelling units. 3.05 DEVELOPMENT SEQUENCE AND SCHEDULING Phasing for the Project will ultimately be based on economic and marketing studies identifying current demands and demographics. Throughout the development process, phasing will fluctuate as projections of these demands and demographics change. 3-2 3.06 The Project is scheduled to be developed over an estimated twenty (20) year period. Table III "Estimated Development Sequence' (page 7-3) indicates the estimated absorption by phase for this projected twenty (20) year development period. A development phase plan shall be submitted for ' approval for each phase of the development in accordance with Section 3.08 of this doucment. DEVELOPMENT AND FRACTIONALIZATION OF TRACTS a. ~en the developer sells and entire Tract or a building parcel (fraction of a Tract} to a subsequent owner, or proposes development of such property himself, the developer, shall provide to the Zoning Director for approval, prior to the development of the tract by the developer or ~rior to the sale to a subsequent owner of such property, a boundary drawing showing tbe tract and the building parcel therein (when applicable} including boat slips, and in the case of a residential areas, the number of dwelling units assigned to the property, and in the case of non-residential areas the building square 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. An updated Master Plan showing ' the fractional' parcel also shall be submitted. b. In the event any tract or building parcel is sold by any subsequent owner, as identified in Section 3.06 Ca), in fractional parts to other parties for development, the subsequent owner shall provide to the Zoning Director, for approval, prior to development of the tract by the developer or prior to the sale of a subsequent owner of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein includin~ boat slips and the number of dwelling units, boat slips, or the square footage 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 Plao showing the fractional parcel also shall be submitted. c. The developer of any tract or building parcel ,must submit, prior to or at the same time of application for a building permit, a detailed site development plan for his tract or parcel in conformanqe with the Zoning Ordinance requirements. This plan shall be in compliance with any approved Development Phase Plan and Conceptual Site Plan as well as all criteria within this document. d. In evaluating the fractionalization plans, the Zoning Director's decision for approval or denial shall be based on compliance with the criteria and the development intent as set forth in this document, conformance with allowable numbers of residential units, boat slips, or 3-3 amount of building square footage and the reasonable accessibility of the fractional parts to public private roadways, common areas, or other means of ingress and egress. e. If written approval or denial is not issued within ten (10) working days, the submission shall be considered automatically approved. The developer or subsequent owner may appeal a decision to the Board of Zoning Appeals under procedures for appeal of administrative decisions as set forth in the Collier County Zoning Ordinance. 3.07 PUD CONCEPTUAL SITE PLAN APPROVAL'PROCESS A. When PUD Conceptual Site Plan approval is de~ired by the developer or required by this document, the following procedure shall be followedl A written request for Conceptual Site Plan approval, and the fee consfstant with Site Development Plan approval shall be submitted to the Zoning Director for approval. The request shall include materials necessary to ·demonstrate that the approval of' the Conceptual Site Plan will be in harmony with the Development Phase Plan and the general intent and purpose of this document. The Zoning Director shall distribute the materials to the appropriate reviewing entities for their comments. Such material may include, but is not limited to the following,' where applicable. 1. Site plans at an appropriate scale showing general locations of structures on th~ property; provisions for ingress and egress, off-street loading areas; yards and other open spaces· 2. Plans showing .proposed locations hook-up. 3. Plans for screening and buffering· for utilities 4. Preservation areas, wetlands, RUE areas. B. In the case of zero lot line or cjustered buildings, required property development regulations may be waived or reduced provided a site plan is approved under th~s section. C. Conceptual Site Plan approval under this Section shall occur prior to fractionalization in the following districts: MRC, VC, C, RR, MBw MPw P, RO. 3-4 , ! D. The Zoning Director shall issue written approval, ap- proval with conditions, or denial within twenty (20) working days from the date of complete submittal. The applicant and the Zoning Director may mutually agree on an extension of this time period if extenuating circumstances warrant. The developer or subsequent owner may appeal a decision to the Board of Zoning Appeals under procedures for appeal of admi%tstrative decisions as set forth in the Collier County Zoning Ordinance. E. Prior to issuance of building permits for any development tract requiring Site Development Plan Approval under the - Collier County Zoning Ordinance, a Site Development Plan ' shall be submitte~ for approval in accordance with the procedure set forth in the Collier County Zoning Ordinance. 3.08 ~EVELOPMENT PHASE REVIEW Prior to fract'i°nalizatton- of tracts within the Project, a Development Phase Plan shall be submitted to the Collier County Planning and Zoning Director, for review and approval according to the procedure set forth herein. The PUD ~aster Plan is*conceptual in nature ~ue to the size and the long buildout time period of this project. The Development Phase Plan process is provided to accommodate the necessity for more detail land use review than possible with the PUD ~aster Plan to assure compliance with the Zoning Ordinance for zoning, especially compatibility land uses. The Development Phase Plan review process also provides a mechanism to assure full compliance with all applicable County regulations, the'Development Order as well as this PUD document. Further, the Development Phase Plan shall, in accordance with the procedure set forth in Chapter 380.06 Florida Statutes, be reviewed to ~etermine if the Development Phase Plan' shall constitute a substantial deviation to the ~roJect, in accordance with State law. A. Application requirements - A Develolauent Phase Plan shall be submitted which includes, as a minimum, the following information= ~. The boundary, acreage, and location of the area/phase being considered for approval. 2. The location, approximate acreage, and land use designation of all development tracts within the area/phase. 3. The location, width, and schematic section of ell rights-of-way. 4. The location, size, and schematic section o£ all lakes water retention areas. 3-5 5. The location'of all non-residential tracts to be in conformance with Section 4.04.6. of this document. 6. The estimated number of dwelling units, co~mercial floor area, transient lodging units, land marina wet and dry slips proposed for the area/phase. 7. Additional exceptions to the subdivision regulations shall be requested and approved at this time. 8. Any other pertinent information necessary for review and approval of the Development Phase Plan. 9. The location of major sidewalk/bikepaths in conformance with Section 5.0?.5. 10. RUE, wetland, or preservation tracts. 1]. An u~ated Master Plan showing the Development Phase. 12. All Development Order an~ PUD commitments as plicable to the Development Phase shall be addressed. 13. The information required in Section 5.05 e.4. shall be presented in the form of a Supplemental EIS after completion of the base line year of ~ata' for review and approval. Review procedure - The Zoning Director shall distribute'U~..~'' the Develo~ent Phase Plan to members of the Sub~ivision Review Committee and to the ~eglDnal Planning Co, sci1 . staf~ for review and comment. This procedure is considered to 'be administrative, however, review by appl£cable advisory boards may he at the discretion of appropriate staff upon unusual circumstances. Th~ Subdivision Review Committee, within 60 days of submittal of a complete application, shall review ~he Development Phase Plan and recommend to the Zoning Director whether to approve, approve with conditions or deny the Development Phase Plan. Should a recommendation of den~al 'take place, the Subdivision Review Committee shall advise the Zoning Director and the applicant of those changes that woul~ be necessary to result in a recommendation of approval.- The Zoning Director'~a11 then issue a written approval, approval with conditions, or denial within five (5) working days following the iRC meeting, or shall at his discretion, forward the Development Phase Plan and the Subdivision Review Committee"s recommendation to the Planning Commission for action at their next schedule8 meeting. The Zoning Director shall notify the applicant within five (5) working days .of the iRC"s recommends=ion and of his decision to forward the Develo~ent Phase Plan to the Planning Commission for action. The Planning Commission may approve, approve with conditions or deny the Development Phase Plan. The applicant may appeal a decision by the Zoning Director to the Boar8 of Zoning Appeals under the procedures for appeal off administrative decisions as set forth in the Collier County Zoning Ordinance. 3-6 Should the Planning Commission deny the Development Phase Plan, the applicant may request the Development Phase Plan be reviewed by the Board of County Commissioners. The Board of County Commissioner may approve, approve with conditions or deny the Development Phase Plan. 3.09 MODIFICATIONS A modification may be granted from the'items of this docu- ment when such modification is in harmony with the general intent and purpose of the document and is not detrimental to the public health, safety, and welfare. Such a modification may be requested for, .(i) special conditions, unique subsurface, topographic, vegetative or other circumstances which place a parkicular tract, parcel, or lot at a disadvantage or hardship in relation to land within a similaT classification; (ii) changes necessary to accomplish · he general objectives set forth in the ~nvironmental section of this document; and (iii}, structures, or development elements, where the modification .request seeks to accommodate and preserve the existing natural features of the property. Modifications as herein defined may be approved by the Zoning Director If he shall find that the' standards set forth above have been met. Requests for modifications may be submitted by the develcper to the Zoning Director along with sufficient ~nformation to demonstrate entitlement to that modification. The Zoning Director shall evaluate the mod~ficat~on request based on the criteria identified herein. The Zoning Directqr shall issue written approval, approval with conditions, or denial within twenty (20) working days. The applicant and the Zoning Director may agree on an extension of this time period. Should a recommendation of denial take place, the zoning Director shall advise the applicant of those changes that would be necessary to result in a recommendation of approval. The developer may appeal a denial to the Board of Zoning Appeals under procedures for appeal of administrative decisions as set forth in the Collier County Zoning Ordinance. 3.10 ARCHITECTURAL REVIEWS All buildings constructed within the Project musk cbmply with architectural review standards as may be set forth ~n the recorded covenants and deed restrictions. Where ap- plicable, these standards shall include off-shore or over water building limits. Enforcement shall be the responsi- bility of the developer until such time as a homeowners association is established that can assume responsibility for review and implementation. 3-7 3.11 UTILITY EASEMENTS Easements shall be granted to applicable parties as necessary and/or required to insure the continued operation and maintenance of all storm water management features, utilities and other essential services. 3.12 LAKES AND RETENTION Proposed lakes and stormwater retention areas have been sited in proximity to existing and proposed roadways to permit optimum use of the land, .increase the efficiency of the water management system and enhance the Project's overall aesthetic character. Please refer to Exhibit "G" - Master Drainage Plan for the proposed location of major lakes and retention areas. Setback requirements, for excavation described in Collier County Ordinance 80-26 and other applicable codes, may be waived or reduced with the approval of the Collier County Engineer as necessary to. accommodate this water management system. Permits for excavation shall be reviewed and approved administratively by the County Engineer in accordance with the County's design requirements. Water management facilities shall be only the size and depth required to meet the water retention needs of the property, required for water quality purposes or to meet government agency requirements. Additional lakes shall be permitted only if additional fill is needed on site. The developer shall use the material excavated from these lakes as fill as needed on the site for construction. Excess fill material not required or suitable for fill material may be removed from the site upon approval of the Engineering Director and Planning/Zoning Director at the time of application for the excavation permit. The developer shall provide evidence regarding the impact of the off-site removal of material on the County road system, traffic patterns and public safety. Approval of such off-site removal shall be contingent upon the developer providing necessary improvements to mitigate any adverse impact created by the removal. 3.13 ROADWAYS The relocated Thomasson Drive shall be a public road. The major collector "spine road", and the connector road between the Village Center and Thomas$on Drive, and minor collector roads and local roads within the development may be either public or private, depending on their intended use, design, location and capacity. Security gating and/or staffed guardhouses may be located on public roads upon approval by 3-8 the County Engineer, providing that they do not obstruct access of maintenance and emergency service vehicles or significantly impact roadway capacities by prohibiting public use. Emergency access shall be provided between Bayshore Drive and the DRI route. 3.14 SIDEWALKS AND BICYCLE PATHS Sidewalks shall be installed in accordance with Section 5.07.5 of this document. Where an alternate route (location) of the sidewalk/bicycle paths are provided, the paths may be located in yard or lot easemeAts enabling pedestrians and bicyclists to follow more creative routing, providing those routings accommodate ingress and egress to and from the main path system. 3. ] 5 SIGNAGE The developer shall provide a uniform and integrated program'~ of aignage and project identification system (including but' not necessarily limited to subdivisiion and entrance signs), which will be enforced through restrictive covenants and/or architectural controls. This program will be implemented through a Sign Plan, which shall be submitted to and proved by the Planning and Zoning Director prior to the sale of any tracts or building parcels to which such plan shall °" apply. Upon approval, the Sign Plan shall be considered supplementary to and a part of this document. The Sign Plan shall encourage flexibility and creativity, shall contain criteria governing placement, size, shape, and colorv and shall conform to'the following standarda~ a. Signage, related feature walls, a~d landscaping shall be located such that they do not detract from the enjoyment and pleasure in the natural scenic beauty of the project site, and shall be subject to applicable County permits. b. Signage, related feature walls and landscaping shall be located such that they do not obscure other identifi- cation, informationalv or vehicular control signs. c. Signage, related feature walls and landscaping shall be permitted within right-of-ways providing they do not interfere with traffic oc pedestrian safety. d. Traffic control devices, i~cluding signs, aha11 comply with the Florida Uniform Traffic Control Law~ e. If a sign plan has not been approved by the Planning and Zoning Director, all signs shall comply with the Zoning Ordinance in effect at the time permits are reguested. 3-9 I 3.16 3.17 PARKING, LIGHTING AND LANDSCAPING Minimum standards for parking, lighting and landscaping will be in general conformance with applicable Collier County Regulations, but shall allow flexibility as necessary to create a unique environment and/or ambiance befitting the intent and purpose of the General Pla~ of Development, as set forth in this document. EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS The following requirements shall ~e waived or modified. _. 1) Article X Sectfon 15 (p. 73} "Seawalls, Bulkheads, Piers, Docks, Shoreline and Waterway Alternations and Additions" Waive entire section. (See Section 3.10 of this document). All state and federal per~lt~'~ha~l obtained and County Engineering approval shall be granted '"' at the time of issuance of the building permit for con- struction. . . ..... ~ .. 2) Article X Section 16 (p. 74) "Sidewalks" Waive entire section. (See Section 3.14 and Section 5.07- of this document). 3} Article XI'Sectton I (p. 83~ 'Access" ' Waive the first paragraph and tn its place substttute~ "Access to lots within the project shall be in accordance with Collier County Ordinance 82-9% and Public Right*of- Way Construction Standards Randbook, 1982 edition." Waive remainder of Article XI Section 1 subject to County Engineering approval at time of platting or development phase approval. .. 4) Article XI Section 10 (p. 91) "Monuments" Waive 'Where such monuments occur within street pavement areas, they shall be Installed in a typical water valve cover". 5) Article XI Section 17 (~. 100) "Street Right-of-Way and ~avement Width" : a.Modify minimum right-of-way width of private streets as follows= Local streets minimum right-of-way - 40t Minor'collectors minimum right-of-way - 60' ' Major collectors minimum right-of-way - 100' 3-10 b. Modify street pavement width to 2-10 foot lanes on public local roads, and to 2-9 foot lanes on private local roads. c. Waive maximum cul-de-sac length and modify right-of-way minimum width at cul-de-sac to 90 feet. d. Modify curb radii requirements to 30' at local to local and local to minor collector roads. e. Waive requirements for one hundred (100') foot tangent sectio~ minimum between reverse curves on all streets. f. Paragraphs A t~ru E subject to approval by County Engineer at time of platting approval or development phase approval. .,~ 6) Appendix D (p. 146~.15~! "Typical Street Sections and Roadway Design Standards Waive "Appendix D" in its entirety, subject to the approval of the County Engineer'at time of plat approval or development phase approval. 3.18 TEMPORARY USE PERMITS For uses identified in this document that require a temporary use permit, or other uses permitted by .County ordinance, the procedure set forth in the Collier County .' Zoning Ordinance shall apply. For temporary promotional sales, including grand openings, going out of business sales, etc. and the 'limitations for number and duration of events shall apply as set forth in the'Collier County Zoning Ordinance. For other uses including community activities, art fairs, etc., the number of temporary use permits that may be requested and granted shall not be limited, and for scheduled re-occuring events, the two.week time limit shall be waived subject to the approval of the Planning and Zoning Director. 3.19 RESTRICTIONS INVOLVING ALCOHOLIC BEVERAGES The requirements Of Section 8.11 of the Collier County Zoning Ordinance, shall be waived in the following districts~ "MB", ~MRC", "VC", "RR", due to the unique nature of resort development and the desire to cjuster associate recreational and social activities. 3-11 4.01 SECTION IV DEVE~,OPMENT STANDARDS "MRC" MARINA RESORT CENTER/"MB" MARINA BASiIf/"MP" MARINA PARKING 1. pur~=x~s~ The purpose of this section is to set forth the regu- lations for the areas designated on-Exhibit "H", Master Development Plan as 'MRC" - Marina Resort Center/ "MB" - Marina Basin/ "MP" Marina Parking and associated water 2. Ceneral ~escription Areas designated '"MRC" on the Master Development Plan are designed to accommodate a full range of resort hotel, (not to exceed 600 rooms) marina-related, retail, commercial and/or recreation-oriented activities. The areas designed 'MB" on the Master Plan are designed to accommodate the marina basin. The areas designated "MP"' '. on the Master Plan are designed to accommodate the marina parking. This area will serve as the core of the project's water-oriented activities and as such will be closely related both physically and thematically to marina operations. The maximum permitted wet slips shall be ~ix hundred {600) and the maximum permitted dry sli~s shall be two hundred (200), if ecological and biological monitoring of the first phase of basin construction of 200 wet/66 dry slips construction, and marina resort construction and operation clearly demonstrate no significant adverse ecological impacts. 3.' Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or 'used or land or water used, in whole or part, for other than the following~ A. Permitted Principal U. ses an.d .Structures (all uses ~ermitted'ln the MRC area, and permitted as nOted 5slow {n MB predominately in the easternmost portion adjacent to the MRC area and MP areas). 1 } Auxiliary marina us'~S such as foo4 market, laundry, storage and restroom facilities; 2) Bait and tackle shops (MB}; boat ramps (MB/MP), boat docking facilities - wet and dry (MB); boat/boat motor sales; boat service facilities! boat houses (MB); boat lifts (MB) boat rental facilities (MB); boat stock storage facilities; boardwalks (MB/MP), bridges and overlooks 4-1 3) Cocktail lounges and patio bars - indoor or outdoor~ clubhouses; convention facilities; chandlery (boat); convenience stores: 4) Equestrian paths and facilities; 5) Fishing pier (MB); fueling facilities (MB); faternal and social club; 6) Hotel/motel and conference center units (provided the total project hotel/motel and conference center units does not'exceed 900); health clubs; harbor master facility (MB); 7) Indoor recreation Oses; ice sales navigational lighthouses; 8) Library; lakes; 9) Movie and Itagl theaters (except Barkers-food; marina .related o£ficea~ marine equipment stores: 10) Outdoo~ recreational uses (MB); offices (business and professional); 11) Parking garages and lots (MP); private clubs; 12) Radio communications facilities; restaurants - indoor and outdoor including over. water restaurants; retail shops and commercial uses~ retail propane gas sales; racquet courts and clubs; resort housing uhits (provided total project dwelling units does not exceed 4,000); retention areas for parking facilities only roadways 13) Swimming pool with associated deck facilities! specialty food and retail shops! sales center/- offices, stables; sewage.pump out stations (MB)~ 14) Tennis club, tennis courts! 15) Water management . and essential services 16) Any other commercial or professional or marina- related use which ia compatible in nature with determines to be compatible with the Latent o£ this district. drivm-in)! 4-2 4e 'B) MRC Permitted Accessory Uses and Structures 1) Accessory uses customarily associated with the uses permitted in this district. 2) Caretaker's residence/security guards residence (may be detached). 3) Temporary licensed uses such as art festivals, displays, outdoor gatherings or performances and outdoor food markets. (See Section 3.18 for temporary use permit process) Development.Standard~ 1) Minimum site 'area~ Five thousand (5,000) square feet. 2) Minimum site widths Fifty (50) feet 3) Minimum yard requirements~ a) Front yard ~ twenty-five (25) feet. '-.-.:::'-.,"~:'~' b) Side yard - None, or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. c) Rear yard - None d) Waterfront - None, for a maximum of fifty (50%) percent of shoreline - 15' for remainder of shoreline. e) District boundary setback - Fifty five percent of the building height with a minimu~ of twenty five (25) feet. f) Over water s~ructures may be permitted subject to Section 3.07 and 3.10. 4) Maximum heights Five stories' or fifty (50) feet, whichev~r is greater, measured from base floo4 elevation. 5) Floor area require~ents~ a) Hotel units -'300 square feet minimum, 500 square feet maximum. b) Suites/penthouse- 400 square feet minimum, 1200 square feet maximum. c) Residential units - 750 square feet minimum. d) Other principal structures - five hundred (500) square feet per building on the first habitable floor. 6) Minimum distance between principal structures~ If either building is 3 habitable stories or less, or 30' 'or less, minimum distance is per side yard setbacks. Otherwise minimum distance is 1/2 th9 of the building heights. 4-3 5. Plan A99roval Prior to fractionalization of tracts within this dis- trict, a Conceptual Site Plan shall be submitted to and approved by the Zoning Director in accordance with Section 3.07 of this document, The conditions of Section 5.05.f. shall be met at the time of Conceptual Site Plan, - 6. Notification The City. of Naples shall be notified at the time of Conceptual Site Plan review of the allocation of wet and dry slips in conformance with the maximum permitted numbers provided by this document. 4-4 4.02 "VC" VILLAGE CENTER The purpose of this section is to set forth the regulations for the resort areas designate4 on Exhibit B, Master Development Plan as "VC= - Village Center. General Descri t~.0~ Areas designated as "VC= on the Master Development Plan are designed to accommodate an integrated mixture of specialty retail and resort-r~lated land uses associated with a conferenc~ center, health/tennis clubs, and resort golf course uses in addition to other uses fo= the benefit of serving residents and guests o{ the project. These areas will serve as a core area of commercial activity and provide an additional recreation amenity to the resort golf course and marina club facilities. The maximum leaseable commercial building space shall be in accordance with the totals shown on Table III of this document. Permitted Uses'and Structures No buildin9 or structure, or part thereof, shall be erected, altered or used, or land or water usedw in whole or in part, for other than the {ollowing; A. Principal Uses and Structures{ 1) Antique shop~ art studios~ art supply shopsl automobile service statioqs - fuel dispensin9 only~ auditor!u ms! 2) Bakery shops (including baking incidental to tail sales)l bait and tackle shops! bard;s (branch or main office) and financial lnstitutions~ barber and beauty shopsl bath supply stores! bicycle sales and services! book stores~ boat rental and waterskiing with dockage~ 3) Car rental~ chil~ care center~ cocktail Zounges and patio bars - indoor or outdoor~ churches and other places of w0rship; clothing stores~ con- fectionary and candy .stores! conference centers! community center~ civ'ic an~ cultural facilities! 4-5 4) Delicatessen~ department stores~ drug stores~ dry cleaning shops (collecting and delivery only)~ dry goods stores~ 5) Elecbrical supply stores~ equestrian trails and facilities~ 6) Fish market-retail only! florist shops! flood markets~ furniture stores~ f6rrter shops and fast food restaurants~ fraternal and social clubs~ 7) Gift shops! gourmet shops! 8) Hardware stores~ healt~ food stores! ~,obby rupply storesl h6tels/motel and conference center units (provided that the total project hotel/motel and conference center units does not exceed health clubs and spasl 9) Ice cream stores~ interior decorating indoor recreational usesl 10) Jewelry stores~ - 11) Laundries - self-servicel lakes~ leather goods and luggage storesl locksmiths and liquor stores7 12) Markets - food and meatl medical offices and clinicsl millinery shopsl music stores! meeting rooms~ movie and stage theaters (except drive-in)~ museums~ nightclubs~ newstands~ malls - indoor and outdoor! 13) Office (business or professional)~ office supply stores~ outdoor recreation usesl 14) Paint and wallpaper stores! pet shops! pet s~pply stores~ photographic' equipment stores! post office~ parking garages and lots! pottery stores! private clubsl , / 4-6 4e 15) Radio and television sales and service! small appliance stores~ real estate sales, racquet courts and clubs~ restaurants (indoor and outdoor)~ residential dwelling units subject to PUD Conceptual Plan review under Section 3.07 of this document (provided the total project dwelling units does not excee_d 4,000)~ retention areas~ roadways~ 16) Shoe sales and repairs! souvenir stores! stationery storesl shopping centersl s0permarkets! swimming.pools and associated deck facilities! sales center/offices~ stables. 17) Tailor shops~ tobacco shops~ toy shops~ tropical fish stores~ tennis courts and clubsl 18) Variety stores~ veterinarian offices and clinics (no outside kennels)~ 19) Watch and precision instrument sales and wate~ management are] essential services facilitfes~ 20) Any other commercial or professional use which comparable in nature with the foregoing uses and' which the Zoning Director determines to be compatible with the intent of this district. Permitted Accessory Uses and Structures 1) Accessory uses and structures customarily as- sociated with the uses , permitted in th£s district. 2) Caretaker's residence/security guard's residence as permitted by the zoning ordinance in e~fect a~ the time permits are requested. 3) Temporary licensed uses such as art festivals, displays, outdoor gatherings or performances,and open air ~ood markets. (See Section 3.18 for temporary use permit process). Development Standards 1) Minimum site areas~ Five thousand ($~000) square feet. 2) Minimum site width~ Fifty (50) feet. 4-7 3) Minimum yard requirements, a} Front yard - twenty-five (25} feet b) Side yard - None, or a minimum of five ($) feet with unobstructed passage from front yard to rear yard. c) Rear yard - twenty-five (25) ~eet. d) Waterfront - None. e) District boundary setback - Twenty five (25) feet. f) Over water structures may be permitted subject to Se'ction 3.07 and 3.10. · 4) Maximum height, For hotels and conference center - ten stories, whichever is greater; for other uses - six stories or sixty (60) feet, whichever is greater. 5) Minimum floor 'area of principal structures, One, thousam4 (1,000) square feet. Uses with less than one thousand (1,000) square feet may be permitted subject to PUD Conceputal Plan review under Section 3.07 of this document. For hotel/motel units and suites see'Section 4.01 $ a.) and b.). 6) Minimum distance between principal structures, Same as for side yard setbacks. 7) Where residential dwelling units are constructed as a permitted principal use in this Section, the development standards set forth on Table 4.04.A of this document shall apply. 8) Merchandise storage and display, Unless approved by the Zoning Director, outside storage and displgy of merchandise is prohibited. 5. Plan Approval Prior to fractionalizat~on of each of the four (4) "VC" tracts, a Conceptual Site Plan shall be submitted to and approved by the Zoning Director in accordance with Section 3.07 of this document. For residential uses in this district, development standards shall be shown at t£me of plan approval with consideration given to compatibility with commercial-uses, ingress and egress to units, and other issues as may be deemed appropriate. 4-8 ' 4.03 "C" COMMERCIAL 1. purpose The purpose of this section is to set forth the · regulations for the areas designated on Exhibit Master Development Plan as "C" - Commercial. 2. General Description Areas designated 'C~ on the Master Development Plan are designed to accommodate a broad range of retail, commercial, professional and residential land uses. These areas may attract users' from both the project and general populatiom and will provide areas for those commercial uses which appeal to a broader range of potential users and are less dependent on resort oriented activities. The maximum leasable commercial building · space shall be in accordance with the totals shown on Table III of this document. 3. Permitted Uses and Structures No building or. structure, or' part thereof, shall be erected, altered or used or land or water used, in whole or part, for other than the followingt A. Principal.Use~ and.Structures 1) Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs; auction houses; awning shops~ 2) Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales services and repair; blueprint shops; bookbinders; book stores; business machine services; business and pro- fessional offices; boat sales with outside storage; building maintenance service, building ) supplies; 3) Carpet and floor covering sales - which may include storage and installation; child care center; car wash; churches an~ other places of worship; clothing ~tores; cocktail lounge~! commercial recreation uses (indoor - outdoor); community center; commercial schools; confectionery and candy stores; civic and cultural facilities; broadcasting studios, commercial radio and television; cabinet shops; communication services and equipment repair. 4-9 , ! 4) Delicatessens; department stores; drug stores; dry cleaning shops; dry goods stores; and drapery shops; 5) Electrical supply stores; equipment rental including lawn mowers and power sews; employment agencies; 6) Fish market - retail only; florist shops; food markets; fraternal and social clubs; funeral homes; furniture stores; furrier shops; feed and grain sales, furniture ~efinishing; 7) Garden supply stores - outside display in side'nd rear yard; gift shops; glass and mirror sales - including storage and installation; gourmet shops; 8) Hardware stores; health food stores; hobby supply stores; homes for the aged; hospices. 9) Ice cream stores; inter, or decorating showrooms; kennels-completely within building; indoor recreation uses; 10) Jewelry stores; 11) Laundries; lakes; leather goods and luggage stores; legit[mate theatres; liquor stores; locksmiths; linen supply shops. 12) Markets - food; markets - meat, medical off[cee aud clinics and emergenc-~ medical facilities; millinery shops; motion picture theaters; museums; music stores; minor automobile repair work; shopping malls - indoor and outdoor; motels/hotels (provided total project hotel/motel and conference center units does not exceed 900); motorcycle sales, services and repair; 13) News stores; n~trition centers; 14) Office - general; office supply stores; outdoor recreation uses; 15) Paint and wallpaper s[ores; pet stores; pet supply shops; photographic 'equipment stores; pottery stores; printing; package stores; publishing and mimeograph service shops; private clubs; professional offices; parking garages and lots; pest control service; plumbing supplies; 4-10 16) Radio and television sales and services~ research and design labs~ real estate sales! rest homesl restaurants - including drive-in or fast food restaurantsl radio and television stations and transmittors - no towers! retention areas! retail sales of propane gas but not bulk storage~ roadways~ 17) Shoe repsir~ shoe stores~ shopping centers! souvenir stores~ stationery stores~ supermarkets~ sales center/offices~ second hand stores~ 18) Tailor shops~ taxidermi~ts! tile sales - ceramic tlle~ tobacco shops~ toy shops! tropical fish sro=esl 19) Upholstery shops! 20) Variety stores~ vehicle rental - automobiles veterimarian offices and clinics - no outside kennels~ 21) Watch and precision ins~ument repair shops~ water storage tanks~ water management and -essential services facilities! 22] AnY other commercial or professional use which is comparable in nature with the foregoing uses add which the Zoning Director determines ko be compatible with the intent of this district. B. Permitted Accessor~ Uses and Structures 1) Accessory uses and structures customarily associated with the uses permitted in this distract. 2} Caretakers re~'i~ence/security guards residence accordance with applicable Collier County Zoning requirements. 3) Temporary licensed uses such as art festivals, displays, outdoor gatherings o= performances and outdoor food markets. (See Section 3.18 for temporary use permit p~ocess}. C. Permitted Uses and ~tructures Requiring pU~ ~onceptual S ,-~'~-~ ~pproval in' Accordance SeCtion 3.07 a) Permitted use with less than 1,000 square feet gross floor area in the principal structure. . 4-11 Development Standards 1) Minimum site areas~ Ten thousand (10,000) square feet. 2) Minimum site width~ One hundred (100) feet. 3) Minimum yard requirements~ a. Front-yard - Twenty-five (25) fee% plus one (1) foot for each two (2) feet of building height over fifty (50) feet· b. Side yard - None, or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. c. Rear yard - Twenty-five {25) feet. d. Waterfront - Twenty-five (25) feet. e. District boundary - Twenty-f~ve (2S) feet. 4) Maximum height~ For hotels - ten Stories or one hundred (100) feet, whichever is greaterl for other uses -.five stories or fifty (50) feet, whichever is greater. 5) Minimum floor area of principal structures~ One thousand (1,000) square feet per building on the ground floor except as provided for under Section 4.03.3.C. For hotel/motel units and suites see Section 4.01.'5 .a) and b). 6) Minimum distance between principal structures~ Same as for side yard setback. 7) Merchandise storage and display. Unless approved by the Zoning Director, outside storage or displa~ of merchandise ks prohibited. Plan Approv~ Prior to fractionalizat[on of each of two 'C' Commercial sites, a Conceptual Site Plan shall be submitted to and approved by the Zoning Director in accordance with Section 3.07 of this document. 4-12 g25 , : 99 RESIDENTIAL Purpose .The purpose of this section is to set forth the regulations for the areas designated on Exhibit 'H', Master Development Plan as 'R' Residential. 2. General Description/Permitted Uses and Structures Areas designated as 'R' on the Master Development Plan are designed to accommodate a full range of residential dwelling types, recreational facilities, essential services, custom~ry accessory uses, non-commercial parking lots, roadways or other residential associated uses. Maximum Dwellin~ Unit~ A maxLmum number~ of 4,000 constructed in the project. dwelling units may 4. Development Standards ' Table 4.04A sets forth the development standards for Xand uses within the "R" Residential District. For category 1 and 2 uses, all requirements are in relation to individual lot boundaries. For the remaining categories (3-5 uses) all requirements are in relation to fractionalization parcel boundaries in accordance with Section' 3.06 of this document. Unless otherwise indicated, setback, height, and floor area standards apply to principal structures. ! 5. Assi~nment of Units Prior to development .of any residential phase of the project, a Development Phase Plan shall be submitted to and approved by the Zoning Director in accordance with Section 3.08 of this document, indicating the assignment of residential land uses to individual parcels according to the following districts: R-1 District: Category 1, 2, and 3 and compatible non-residential uses R-2 District: Category 2, 3~ and 4 and compatible non-residential uses " R-3 District: Category 3, 4, and 5 and compatible non-residential uses. 4-1'3 6. Permitted Uses and Structures Requiring PUO Conceptual ~ite Plani%pproval Under Section 3.07 and Final Site Plan Process (as noted) per t~e ZOnin~ Ordinance. 1) Religious facilities 2) Civic and cultural facilities* 3) Educational facilities* 4) Private clubs* ' 5) Child care centers - owner occupied 6) Rest homes, foster homes, rehabitation center, hospices* 7) Other non-residential uses customary in residential districts.* 8) Non-commercl&l parking lots 9) For above listed uses located adjacent to residential tracts, a minimum thirty foot setback shall be maintained and a landscaped buffer shall be provided. The development standards shall be consistant with the residential use in the immediate surrounding area. 7. Private boat .house and dock-may be permitted as an accessory use. The rear yard setback for accessory uses do not apply for private boat house, lift and dock. However, the total number of wet slips shall not exceed the maximum allowed for the project. The City of Naples shall be notified prior to issuance of a buildigg permit for a dock. *Site Development'Plan approval may be required. 4-%4' mi 0 I~ 0 0 0 ~1 0 4-15 4.05 "RO" RECREATION/OPEN SPACE 1. Purpose The purpose of this section is to set forth the regulations for the areas designated, on Exhibit "H", Master Development Plan as "RO' - Recreation/Open Space. 2. General Description Areas designated "RO" on the Master Development Plan are designed .to accommodate those uses which will retain the areas in general open space. 'Uses within this district may enhance the ability of project residents to view or use those natural amenities, and will provide opportunities for nature education programs or ~ecreational facilities. 3. Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used or land or water used, in ~hole or part, for other than the fol~owing~ A. principal Uses and Structures 1) Biking, .hiking, canoeing, and nature trails! bridges; boardwalks and overlooks! 2) Equestrian paths, cart paths and golf course accessways, walkways; 3) Lakes; marina related spoil sreas; 4) Parks; parking lots in association with permitted uses or activities. 5) Recreational 'shelters, gazebos, and restrooms; retention areas; roadways; 6) Stables~ 7) Water management and essential services facilities, wildlife sanctuary and associated research facilities; 8) Any other open space' activity or use which is similar in nature with the foregoing uses and which the Zoning Director determines to be compatible with the intent of this district. 4-16 B. Permitted Accessory Uses and Structures 1) Accessory uses an4 structures customarily associated with the uses permitted in this district. 2) Caretaker's residence/security guards residence. (may be detached) . Development Standards Overall site design shall be harmonious in terms of landscaping enclosure of -structures, location of access streets add parking areas and location and treatment of buffer areas. Plan Approval Prior to fractionalization Of any "RO" designated tract, a Conceptual Site Plan shall be submitted to and approved by the Zoning Director in accordance with Section 3.07 of this document. 4-17 PARK I. Purpose The purpose of this section is to set forth the regulations for the areas designated on Exhibit Master Development Plan aa "P" - Park. 2. General Descrlptio~ Areas designated "P" on the Master Development Plan are designated to accommodate general recreation amenities, non-club orientated activities, and/or fac{lities and areas of recreatiQn embarkation or initiation. 3. Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used or land or water used, in whole or part, for other than the following~ A. Principal Uses and Structures 1) Biking,. hiking, canoeing, and nature trails; boat rental facilities; bicycle rental facilities; 2) Community centers; 3) Equestrian paths; 4 ) Lakes~ 5) .Parks and playgrounds; ?arking lots; picnic pavilions, picnic areas; 6) Recreational shelters and restrooms; recreational fields, sports, facilities and courts; restaurant or snack ba~ in conjunction with recreational activities; retention areas; roadways; 7} Stables; 8) Water management and essential services facilities; 9) Any other recreation~l, athletic, or open space activity or uss which;is comparable in nature with the foregoing uses and which the Zoning Director determines to be compatible with the intent of this district. 4-18 -. Permitted Accessory Uses and Structures 1) Accessory uses and structures customarily associated with the uses permitted tn this district. 2) Caretaker's residence/security guards residence. (may be detached) 3) Temporary licensed uses such 'as art 'festivals, displays, outdoor gatherings or performances and outdoor food markets. (See Section 3.18 for temporary use permit process). - 4. pevelopment Standards One (1) acre. 2) Minimum setback from 'P" Tract Boundaries= Twenty-five (25) feet - or 0 from waterfront or lake bank edge. Over water structures may be permitted subject to Sectton....~,~ 3.07 and 3.10. 3) Maximum height= Thirty-five (353 feet. 4) MlnLm,-,, distance between principal structures= ten (10) feet. pla~ Approval . Prior to fractionalization of any "P" designated t~act, a Conceptual Site Plan shall be submitted to and approved by the Zoning Director in accordance with Section 3.07 of this document. ! 4-19 RESORT RECREATION 1. Purpose The purpose of this section is to set forth the regulations for the areas designated on Exhibit 'H", Master Development Plan as "RR" - Resort Recreation. 2. General Descrlptto~ Areas designated 'PR" on the Master Development Plan are designed to accommodate those golf course and club related facilitie% that serve as recreation core areas for the project, and will be the primary recreation focal points of the community. Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used or land or water used, in whole or part, for other than the fol~owing: A. Principal Uses and Structures 1)'Clubhouses; commercial establishments .including gift shops intended to exclusively serve the patrons of the RR facllittesi cocktail lounges and patio bars (indoor and outdoor); 2) Driving range and related offices or facilities; 3) Golf course; golf equipment pales; 4) Health clubs and spas; hotel/motel and conference center units (provided the total project hotel/motel and conference center units does not exceed 900); 6) Pro-shop; parking lots/ 7) Recreation facilities (indoor and outdoor)/ restaurants; retention.areas; roadvays; 8) Swimming pools and ass~ciated deck facilities; ' 9) Tennis courts; 10) Water management and essential services facilities; 4-20 11) Any other recreation-oriented activity or which is similar in nature with the foregoing uses and which the Zoning Director determines to be comparable with the intent of this district. B. Permitted Accessory Uses and Structures 1) Accessory uses and structures customarily associated with the uses permitted in this district. 2) A maximum of two (2) residential units in con- Junction with the operation of the golf course. 4. ~evelopment Standards 1) Minimum site area~ As approved under Section 3.06 2) Minimum setback from 'RR' Tract Boundaries~ ~enty five feet (25') from roadway. 3} Maximum height~ Five stories o= fifty (50) feet, whichever is ~reater. 4) MinLmum distance between principal structures~ Fifteen (15) feet. 5) Floor area reguirements~ See Section 4.01.5. .. 5. PLAN APPROVAL Prior to fractionalization of , tracts within this district,, s conceptual site plan ~ha11 be submitted to and approved by the zoning Director in accordance with Section 3.07 of this document. 4-21 4.08 'GC" GOLF COURSE 1. Purpose The purpose of this section is to set forth the regulations for the areas designated on Exhibit 'H., Master Development Plan as "GCm - Go~f Course. 2. General Description Areas designated 'GC" on the Master Development Plan are designed 'to accommodate those 'golf course and associated uses that will 9nable development of those areas' ae landscaped, attractive open space features. These areas will serve as green spaces and buffers within the community as well as to provide active, and passive recreation opportunities for residents, non-residents, and guests. 3. Permitted Uses and Structure~ No building or structure, or- part thereof, shall be erected, altered or used or land or water used, tn whole or part, for other than the following~ A. Permitted Principal Uses and Structures 1) Boardwalks; bridges; 2) Cartpaths; 3) Driving Ranges; + 4) Golf Course; S) L~kes; $) Retention areas, ~estrooms~ 7) Water and wasLewater management and essential services facili~ies! 8) Shelters; and related golf course structures; 9) Temporary off street pa~king facilities. 10) Television and communication towers related to golf touTna~tents, Any other recreation oriented use comparable in nature to the foregoing or which the ~ontng Director determines to be compatible with the intent of this district. 4-22 B. Permitted Ac~es~or~ Uses and Structures 1) Accessory uses and structures customarily associated with the principal uses permitted in this district including but not limited to shuffleboard courts, tennis courts, swimming pools, and other types of facilities.intended for oudoor recreation. 2) A maximum of two (2) residential units in con- Junction with the operation of each golf course, pr6vided the total project units does not exceed 4,000 units~ 3) Golf course maintenance facilities. 4. Development Standards 1} Overall design shall be harmonious landscaping, enclosure of structures, access streets and parking areas and location and treatment of buffer areas. 2) Buildings shall be set back a minimum of thirty feet from abutting residential districts and an appropriately landscaped and maintained buffer zone shall be provided. 3} Lighting facilities shall be arranged in a. man'er which will protect roadways and neighboring properties from direct glare or other interference. 4) Maximum Height~ Forty {40) feetJ 5) Minimum distance between Principal structures~ Fifteen (15} feet. 6) As much as possible, the areas in an~ around the fairways shall be kept in a natural state, in accordance with Section 5.05. in terms location 4-23 4.09 'S/PS' - SC~OOh/FIRE STATION 1. Purpqse The purpose of this section is to set forth the regulations for the areas designated on Exhibit 'H', Master Development Plan as 'S/PS' - School/Fire Station. 2. General Description Areas designated "S/FS' on the Master Dev~lo~ent Plan are designed to accommodate a twenty-one acre Collier County Public School site and a one-acre Fire Station site for the East. Naples Fire District. These sites ara located so as to benefit from direct access to Thomasson Drive, and shall be served with utilities from the Project. Required stormwster retention shall be provided by the project's stormwater management system. Interim utility facilities may also be provided on the designated school site as provided for in this section. Proper buffering and screening from adjacent residential areas shall be, provided. The school site and fire station site shall be deeded to the Collier County Public School System and the East Naples Fire District following the developer obtaining all necessary local, State, and federal permits to commence the project, and prior to the issuance of the first residential certificate of occupancy. Areas designated 'S/PS' on the Master Development Plan, or portions thereof, shall, in the event these areas are subsequently re-purchased by the developer, revert to and be designated as "R" Residentia~ in accordance, with Section 4.04 of this document. 3. Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used or land or water used, in whole or part, for other than the fo11pwing~ A. Principal Uses and Structures 1) Public School and related facilities; 2) Fire Station and related fa~lities; .3) Maintenance and storage facilities; 4-24 1 t ! 4} Wastewater treatment facility; treated effluent facilities (open or tank) and pumping facilities, water, electrical, telephone, televisions and cable facilities! other essential service-related facilities; 5) Any other use which is comparable in nature with the foregoing uses and which the Zoning Director determines to be compatible with the intent of this district. B. Permitted Accessorz, Uses and Structures 1) Accessory uses and associated ' with the district. structures customarily uses permitted in this 5. Development Standards 1) Minimum site areas= None. 2) Minimum site width= None. 3) Minimum yard requirements=' site boundary lines. Fifty (50) feet from 4) Maximum height - Fifty ($0) feet. 5) Minimum floor are of principal structures= None. " 6) Minimum buffer requirements shall be in accordance with applicable regulations. 7) A landscaped buffer shall be developed along the south property line adjoining the residential property. The landscaped buffer area shall be a minimum of 50 feet in width. Natural, native vegetation shall be incorporated to the greatest extent possible. Berming shall be used as necessary (and shall be landscaped) to provide a true visual screen and odor buffer. The landscaped buffer plan shall be approved by the Natural Resources Management Director and the Zoning Director. 8) Should an impact fee or other fair share funding mechanism be adopted that addresses school or fire protection facilities, credit for the donation of the school site and fire station site shall be granted to the developer. 4-2S ,oo 5.05 COMPLIANCE WITH PUD DOCUMENT All develo~ent shall be in compliance with this PUD document. The schedule for commitments for each phase of this PUD shall be as agreed upon at time of development phase approval. Al! commitments shall be met or be scheduled to be met by the last phase of development. 5.'02 ENERGY a. Al! construction shall comply with applicable local and state energy codes. . b. Deed ~estrictions or covenants shall not prohibit prevent the use of alternative energy devises such as solar collectors (except when necessary to protect the public health, safety and welfare). c. Where practical and economically feasible, good faith efforts will be made to utilize state of the art energy conservation techniques. Such techniques may include, but not be limited to the following~ 1. Structure orientation and features for pass~v~ solar design. 2. Roof overhangs and other structural shading wherever practical. 3. Plantfng trees, shrubs and other vegetation' for natural shading and to reduce need for water~ fertilizer and main~enance. 4. A safe, efficient walkway/b~kepath systems. 5. Consideration of a~chitectura~ review board to review energy conservation measures. 6. Site and building design. 5-1 5.03 RECREATION AND OPEN SPACE The recreation and open space areas of the Project shall consist of active as well as passive facilities, both of which will be designed to meet the needs of future residents and also to be compatible with the site and complimentary to proposed uses and functions planned for the Project. To protect the integrity of the Project and the availability of the area,· it is intended that the recreation and open space facilities/areas be privately owned and maintained and/or under the control of a. community or homeowner's association. Occasional use of these facilities for progrmmmed recreationml activities may be permitted. The Haster Development Plan, Exhibit 'H' indicates recreation and open space facilities which are described in the ADA under Section 27.A. The proposed development will be planned around an extensive open space framework. A network of bicycle paths and pedestrian walkways will link the .different land uses. In general, the open .space end planned recreational areas of the development will not only comply with the Collier County Comprehensive Plan, but will exceed standards such as neighborhood parks, etc. 5.04 UTILITIES a. A central water supply system shall be made available to all areas of the project. The water supply sources £o= the project shall be the Collier County system and the City of Naples. , b. All areas o£ the project shall be servedby the County's central wastewster collection, transmission, and treatment facility. -. · c. The development shall be in substantial Compliance with applicable County laws and ordinances governing utility provisions and facilities. d. Telephone, power and T.V. cable services shall be made available to the site. e. A non-potable water system for irrigation purposes will be implemented for the 'project utilizing sources including renovated effluent, surface, and ground water. f. The stipulations contained in the Utilities Department memorandum dated June 20, 1986 as amended October 9, 1986 are attached hereto and incorporated herein, by reference. 5-2 it ENVIRONMENTAL CONS IDERATIONS a. Specific Environmental Review Pertaining to All Areas of This PUD. ' 1. The following specific Collier County environmental review and permitting requirements shall apply to all areas of this PUD as provided for ~erein. 2. Prior to the issuance of a building permit or con- current with a site development plan review, a site clearing plan for each. phase with appropriate development vs. preservation boundaries flagged for review in the ~ield, shall be submitted to the NRMD for review and approval. The site clearing ~lan shall clearly depict how 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. 3. All exotic plants, as defined in County ordinances, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall bm implemented to prevent reinvasion of the site by such exotic species. A program plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the NRMD. 4. The final Site water management plan, including on-Site works relating to the District 6 plan and all associated improvements, with respect to modifications or construction stipulations designed to eliminate or minimize associated adverse natural resources impact shall be reviewed -and approved by the NRMD. This local, review can occur concurrently with. the environmental review by the SFWMD. 5. Prior to approval of a Development Phase Plan (either in phases or a whole) a detailed survey shall be conducted to identify the location and general conditions of any plant or animal species listed as endangered, rare, threatened, or species of special concern on appropriate state or federal lists. Where such species are found the Developer shall prepare a species management plan for review and approval by NRMD. The approved plan shall be implemented by 'Developer and shall have as a goal on-site preservation of viable populations or demes (on-site sub-population). 5-3 Prior to commencement of any development a p~ofessional archaeological survey shall be conducted for the entire project to identify the location and general conditions of any archaeological resource areas. Copies of the survey shall be sent to the State Division of Historical Resources, NR~4D and the SWFRPC. Both the survey method and the report shall be reviewed and approved by the State Division of Historical Resources and this shall be done prior to any land clearing or gTound disturbing activities. The personnel or agency performing the survey shall be approved by the State Division of Historical Resources. If any archaeological sites are found in · this survey the Developer shall consult with the NR~D and State Division of Historical Resources to determine an appropriate co~rse of action in regard to its salvageabiZity. Evaluation of the site shall include, but not be limited to, its determination as a site of regional or local significance, impact minimization by incorporating the site into preservation or green space areas, or other mitigation actions. In addition, if, during the course o~ site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indic~tor is discovered, all development at that location shall be immediately stopped and the NRRD and State Division of Historical Resources notified. Development will be suspended for a sufficient length of time to enable the NRMD and State Division of Histo=~cal Resources o= a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The NRMD and State division of Historical Resources will respond to any such notification in a timely and efficient manner so as to provide only a interruption to any construc~ion activities. The Developer shall preserve any identified archaeological site within the Project's boundaries until such time as further investigation and/or professional examination can take place. This shall also apply to sites identified' during c~ear~ng or construction operations. The Developer shall ~ainta~n cooperative efforts with the Division of Archives, History and Records Manage- ment and comply with applicable regulations regarding investigations and eligibility of historical and archaeo~ogical sites. All recommendations by the State Division of Historical Resources shall be corporated into a Development Order Amendment following the procedures established Ln Chapter 380.06. 5-4 ?, Native species shall be utilized, ~e~e available, to the maximum extent possible in the site landscaping design. A landscaping plan shall be submitted to the NR}dD for review and approval at the time of site develo~xnent plan or issuance of building permit. 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 characte~stics lost on the site during construction or due to past activities. b. Specifi~. Desi~ation. and Land Use R~strictions for all CRHRA Lands in the Pro~ectt . 1. All CR~RA lands in the eastern tract and those lands in the marina site which are shown as '~' on the Haster Develo~ent Plan shall be classified with the 'ST' ~e=lay. ~ese lands are shown ~n Exhibi~ 2. No uses other than those compatible w~th the preserve designation shall be pe~itte~ In these R~ST areas. These areas are lntende~ only for limited use promoting research and education. If scientific and ecological 'studies support the location of water management facilities and marina spoils within these areas then such facilities may be pe~it~ed. All such uses Shall be reviewed an~ approvea by the c. Specific Env~ro~ental Review for Interior Wetlands with Re=ained ST Desi~na~ion. 1. Ail lands classified as interior wetland types ~n the Develo~r's vegetation survey and ~esignated on Exhib~ 'x' shall be classl[ie~ ~n the Master Develo~ ment Plan with an ST overlay. ~e ~nterpretat~on vegetative classifications and their site-s~c~fic boundaries shall be unders~o~ to be gene=al .until such time as final delineation occurs during the Develo~ent Phase review an~ approval process. 2. Following submittal' o[ the De~elo~ent Phase Plan an~ sup~rting data~ including an env~ro~ental assessment ii deeme~ necessary by N~ proposed activities these areas w~ll be administratively reviewed as an ST develo~ent petition by N~D if ecol~ical concerns are slight. 5-5 3. Data submission and review of proposed uses may coincide with submissions for State and Federal permits, yet all approvals, including ST approval, are necessary prior to issuance of construction permits or. any site work. 4. As part of ST development review the NRMD shall con- sider environmental permitting m%tters such as miti- gation, monitoring, guaranteed remedial action, natural buffers, and the like. Retention of natural areas around golf courses and other portions of the project, preservation of rare, unique, and endangered (RUE)"vegetation types, conservation easements, and .the deeding of approximately 500+ acres of mangrove wetlands south'of the marina site~o the State will be given due consideration for permitting the destruction of a certain proportion of interior, isolated wetlands classified. d. Specific Environmental Review Pertaining to Areas Desi~na~ed as Rare,'Unique~ or..Endan~ered (RUE) Uplands. 1. These' specific environmental review requirements pertain to lands classified as scrub oak community and live oak hammock in the CDC vegetation survey and designated as Rare, Unique, or Endangered. =pland habitats on Exhibit "x". The interpretation of vegetation classifications and boundaries shall .be understood to be general until such time aS fi~al delineation occurs during the Development Phase review prOCCSSo 2. At the time of submittal of Development Phase Plan the Developer shall make every , effort to minimize destruction of these RUE habitsts. Preservation of large intact tracts of RUE uplands may be used as credit for compensation of wetland loss, especially interior wetlands 'zoned ST as discussed in Section 5.05c. Any such trade off will depend on the ecological state and viability of the wetland segment in question. 3. Where retention of RUE vegetation has been agreed to by the Developer but is in conflict with other, non-environmental, county ordinances (e.g., engineering, utilities, etc.), the NRMD will assist the Developer in seeking relief from the non-environmental ordinances, or will assist in devising a solution which will reconcile conflicting or potentiallY conflicting requirements. 5-6 e. Additional Environmental Commitments. 1. Developer shall donate all of its holdings exclusive of PUD lands (approximately 500+ acres) in Section 26, Township 50 South, Range 25 Easy to the Florida DNR Or other appropriate agency. These lands are shown as 'Donated Lands' on Exhibit 'xx'. Such donation shall be made immediately after the issuance of the Local, State, and Federal permits for the first phase of the Marina Facility. 2. On lands designated as 'GC', Developer will maintain, as mu~h as practicable, the natural areas in and around the fai~wayso 3. The spreader waterways will be designed to be located in uplands. ~owever, where scientific ecological studies support the location of spreader waterways in wetlands, this may be accomplished, if approved by the 4. Developer shall design and conduct (after the design is~ approved by the NRMD)' a 'water quality, 'lake sediment, wetland, and estuarine monitorin~ program. The results of these studies shall be submitted &long with all raw data to the NRMD for annual review. Any or'all monitoring programs may be modified or remedial action required if the results dictate. Such decision will rest with the NRMD. The wetland and estuarine monitoring programs shall be statistically quantitative and shall include chemical and biological components. Where. appropriate, wetland monitoring shall be linked to the water management scheme. 5. Storage of all substances identified in Environmental protection Agency Toxic Central Act List must be in a facility and location subject to the approval of NRMD. 6. The NRMD acknowledges that the Developer's providing of conservation easements, .the donation of land, providing public wet/dry slips and preservation of certain lands will assist in realizing an important public benefit and that these efforts of the Developer should constitute an appropriate part of any mitigation required by DER, USCOE, and/or SFWMD in consideration of permit issuance. The NRMD will support the FDER, USCOE, and SFWMD permit applications that will be required to carry out the recommendations set forth in this PUD document as they relate to this Project, if ecological . data gathered during base line monitoring (a minimum of one year) indicates no significant adverse impacts. 5-7 fo Specific Restrictions and Review Requirements for t~e Marina Site. 1. Fifty percent (50%) of the wet/dry slips in the marina will be available to the public on first come first serve basis. This ratio applies to each phase of marina constructions. 2. The initial phase of marina shall~ontain no more than 200 wet slips. Additional wet slips shall require approval of NRMD, in the form of a ST development petitign. Approval shall be given only upon Developer clearly demonstrating in the monitoring program there · have been no significant detrimental ecological effects from %he initial 200 wet slips or other marina-related activities. As described in the ADA, the application for the second 200 wet slips may be made after 5 years and the final 200 wet slips after an additl°nal 5 years. Should public demand indicate a need for additional slips prior to this time frame the NRMD may approve additional slips as outlined above at an earlier time. 3. The lands dbsignated as "MP," and "RO-ST" in the interior of the marina basin as shown on the Master Development Plan shall be used only for parking facilities in conjunction with the marina docking fucllities. The Developer will maintain the natural a&eas not utilized for parking facilities in their natural state. The southernmost lands designated within the city boundaries (formerly the site of the yacht club) shall be limited to use as a harbor- master facility with associated harbormaster uses. g. Appeal of ~TRMD's Decisions The Developer may appeal any decision o~ the NRMD by giving written notice Of appeal to the EAC within 30 days of the decision. The EAC shall hold a hearing within 30 days of the notice, and shall submit recommendations to the BCC within 7 days after the hearing. The BCC, in its next regularl~ scheduled meeting, will consider, the matter in the light of the EAC recommendations, and will make the decision to affirm, overrule, or modify the NRMD's decision. 5-8 h. Clarification and Intent ~J County Reviews and Required Approvals as Set Forth ' Section 5.05r ~nvironmental ConSiderations. It is the intent and requirement of this Ordinance that all County reviews and required approvals as set forth in Section 5.05, Subsections (a) through (g), shall be obtained by the Developer in accordance with the provisions set forth in this Section prior to commencing any development in the areas designated ~nd described herein. .Pursuant to this Section 5.05, the County has deemed it appropriate to allow the Developer to produce and provide cert$in environmental reports and/or' data subsequent to the enactment of this Ordinance, but as a condition precedent to development as set forth herein. Where a required approval must be obtained by the Developer prior to development, or prior to continuing development, and such required County approval: fsi-not obtained by the Developer in accordance with the provisions of this Section, this Ordinance shall be construed to provide that the Developer does not have such development approval and 'at no time has obtained such development approval by the enactment of this Ordinance. Further, where a required County approval pursuant to this Section is necessary prior to development, it is the intent of both the County and the Developer that neither this PUD document nor any actions of the Developer Including, but not limited to, the expenditure of substantial monies, time or. other resources in the course of development, shall estop or preclude the County from withholding or denying development approval as contemplated by this Section 5.05. ' The County has determined that the health, safety and general welfare of its citizens are served by the County reviews and approvals as required by this Section 5.05. In the event that the Developer files a court-action relating to or seeking relief from a decision of the County, its governing, board, agents or employees, which denies development approval of withholds development approval pursuant to Section 5.05, it is the intent of Developer and County that even though there is competent evidence against the reasonableness of the decision, the County decision will be uph~ld if the court finds on reviewing the record that there was substantial competent evidence adduced at the hearing before the County to show that the decision is open to dispute or controversy on grounds, that make sense to a reasonable person. 5 05 WATER HANAGEMENT CONSIDRRATIONS a. The Developer shall cooperate with the County Water Management Department and Big Cypress Basin Board in implementing improvements to the Lely Canal and Lely-Manor Canal as outlined in the 1985 Master Plan 'Update for Water Management District No. 6, prepared for the Basin Board by Wilson, Miller, Barton, Soil & Peek, Inc. In addition, construction of the lower Kelly Road By-pass Canal and relief to the Fern Street drainage system shall be incorporated into the Developer's project. Specifically, the Developer, in cooperation with the CoUnty shall be res~onsible ~or the design, permitting and construction, o~ the ~ollowing primary water management facilities and shall receive credit for his fair share~ a) Canal and Spreader Waterway improvements on: 1. Lely Canal ...;¢.':;:'...'~, · 2. Lely-Manor Canal* b) Developer agrees tO constr~ct at 100% Developer cost~ 1. By-pass Canal 2. Fern Street Relief System *Cooperative effort with County~ Lely £states, Inc. and Texas Industries Corp. or assigns. : 5-10 h. In addition, the Developer shall agree, as a cooperative endeavor, to design, permit and construct, according to County specifications, a combined salt water barrier/water level control structure near the downstream end of the Lely Canal. Upon completion and acceptance by the County, the Developer shall, by an appropriate agreement, be reimbursed for the actual cost of constructing the control structure exclusive of any engineering/inspection costs or costs associated with a canal road crossing that may be an extension of the control structure. c. Phasing ~f the construction of the proposed primary water management facilities shall -be coordinated with the various drainage ~ystems. No certificates of occupancy shall be authorized in any of the twelve systems until all associated downstream improvements have been constructed and approved by the County. The Developer, with appropriate fair share credit, shall .' provide the County with appropriate easements associated ' ,F~) with the above-described proposed primary water management facilities, including the Lely Canal Structure, in order for the County to properly operate and maintain said facilities. e. Staff further recommends that the WMAB urge the BCC to positively support the FDER, USCOE and SFWMD permit applications that will be required to carry out the recommendations set forth in WMD J6 Update, as they relate to this project! and to acknowledge that the Developer's providing of required easements and cooperative efforts in construction of the facilities will assist in realizing an important public benefit; and that these efforts of the Developer should constitute an appropriate part of any mitigation required by FDER, .USCOE and/or SFWMD in consideration of permit issuance. f. As the above consider~tions relate to the South Florida Water Management District 6 improvements, it shall be understood to relate to tho~e improvements deemed appropriate by the approved permits issued By SFWMD. 5-11 5.07 COU~;TY ENGINEERING STIPULATIONS~ 1. Design and construction of any portion of the development shall conform to the Collier County Subdivision Regulations in effect at the time of construction or as 'granted modifications, variances or exceptions noted in the PUD document, or requested at time of Development Phase approval. 2. The developer shall be responsible for the relocation design and construction of Thomasson Drive to a minimum of 4-lane. divided collector road from Bayshore Drive east to U.S. 41 subject to the Public Works Administrator/Coun~y Engineer's memorandums dated October 8, 1986. 3. The developer proposes to allow security gating and/or guardhouses on public roads. One of the reasons for providing public roads is for free access to the public, unhampered by gates or guardhouses. No public streets- may restrict access by the installation of any type of security gating or guardhouse unless in compliance with Ordinance 82-91.. 4. The developer states that all roads within the development may be either public or private. Any road proposed to be public shall be provided direct access from a public road and shall connect to any public road it intersects. 5. Sidewalks (or bikepaths in lieu of sidewalks) shall be provided in accordance with the following: a. Both sides of any arterial or co~lector. b. One side of any local street. c. Sidewalks may not. be required on cul-de-sacs shorter than 300 feet in length. d. The location of the required s~dewalk may be modified if an alternate route (location} is approved at, the time of Development Phase approval and the alternate route serves the intended purpose of the sidewalk. 5-12 ?.'IHI 6. The proposed streets adjacent to Fern & Bay Street shall be buffered from the existing parallel street by a minimum 20 foot landscaped buffer. Easement width may be reduced by the County Engineer provided Developer provides earth bearing, landscaping and/or decorative wall that provides adequate buffer effect. 7. The Developer proposes to construct a marina next to Bayview Park. If public access is provided from Danford and Fern to the marina the streets shall be upgraded to County Standards. The minimum required shall be one inch asphalt leveling course and one inch asphalt surface course from the marina to the'first project intersection ol~ Thomasson Drive. 8. Ail streets longer than one mile in length which cannot be provided with more than one access shall be constructed to collector road standards. 9. The developer shall provide or reimburse the County for sidewalk/bikepachs along U.S. 41 to be phased to correspond with the development phases &nd future road widening plans, unless such improvements are incorpdrated into design plans and/or alternative funding methods are available, such as road impact fees. 5.08 TRANSPORTATION ''~ A. In accordance with Ordinance 85-55, requiring development to contribute its proportionate share of funds to accomodate the impact of proposed development on area roads; Collier Development Corporation, or its successors or assigns, agrees to pay road impact fees in accordance with the Road Impact Fee Ordinance'at such time as build- ing permits are requested. For those roadway segments identified as having a significant impact generated by the project, which do not currently have an identified funding mechanism in place, Collier Development Corporation agrees to contribute its pro-rata or fair share, as de~ermined by a monitoring program, when such improvements are deemed to be necessary, based on the project's proportionate impact on such facilities, as part of an area wide funding program, including, but not limited to, impact fees, special taxing districts, etc. An~ donations, dedications, or other required contributions made by the project sponsors to the County's or State's Transportation facilities shall be credited towards impact fees and future proportional share assessments levied against the project, as applicable to said County or State road improvements. . 5-13 B. Review of Project Improvement Applicable to Road Impact Fee Credit Collier DRI Petition R-86-14C The three road segments under discussion are as .follows: A. Additional two lanes for Thomasson Drive between Bay Shore Drive and U.S. 41. B. Realignment of Thomasson Drive to tie into Rattlesnake-Hammock Road. C. Co~struction of the entrance roadway which will function as. the roadway depicted in the County's Comprehensive Plan between the south end of Bay Shore Drive and U.S. 41. 2. To some degree~ portions of the above three road segments may be subject to a road impact fee credit as provided for in Section Five, Ordinance 85-55. To qualify the applicable road segment for an impact fee credit in comparison of site-related road benefits vs. area-wide road benefits, th6 following conditions for petition approval are recommended: A. The design, right-of-way, and construction of the primary interior road (Item C. above) shall not be subject of any road impact fee credits (assu~ed site-related benefit only). B. The design and construction of the realignment of Thomasson Drive shall be subject to a road impact fee credit per Section Five, Ordinance No. 85-55. The developer shall provide road right-of-way within the site without benefit of a credit (assumed site-rated benefit only). C. The design and ~onstruction of the additional two lanes of Thomasson Drive between Bay Shore Drive and the beginning of the realignment shall be subject of a road impact fee credit per Section Five, Ordinance No. 85-55., The County shall be required to provide right-of-way as necessary from off-site private property at the west end of the project. 5-14 5.09 5.10 C. The developer shall provide all necessary funding for the installation of traffic signals at all points of access to the project along Tamiami Trail and Thomasson Drive, excluding the realigned intersection of Thomasson Drive-Rattlesnake Hammock Road with Tamiami Trail, when deemed warranted by the County Engineer. All such signals shall be owned, operated, and maintained by Collier County. D. Traffic signals required at internal intersections shall be the full responsibility of the developer. E. The developer shall provide appropriate left and right turn lanes to serve the project at all points of access along Tamtami Trail and Thomasson Drive in accordance with Ordinance No. 81-92. POLLING PLACES Provision for polling places shall be made within the project subject to Section 9.11 of the Zoning Ordinance. BOAT TRAFFIC STUDY The developer will conduct a boat traffic monitoring study to be prepared by a qualified professional, in conjunction with development phase approval for each phase of the marina, to assist in the determination as to whether the additional boat traffic created by the developmen.t will create any undue public safety hazards and to assist in the determination of what additional controls will be necessary, such as no wake zones, speed limits, etc. The study shall include at a minimum, a determination of background and project related boat traffic, and , shall consider both average and peak conditions. 5-15 6.01 SECTION VI DEFINITIONS AND ABBREVIATIONS As used or referred to in this document, the' following terms shall have the meanings as described below: Administrator - the Administrator of the Division of Community Development of Collier County, Florida. Buildin~ He'tqht - for the purpose of determining building height as i't relates to minimum setback requirements, the building height shall be measured for multi-level building as the height of the building at its closest proximity to an adjacent building or property line. Building Parcel - a fraction of a tract containing one or more building lots. Developer - Collier Development Corporation, its successors or as$1gns. EAC - the Collier County Environmental Advisory Council, or ~u~h successor adgisory board as may be created by the County to perform the same duties. NRMD - the Natural Resources Management Director. - the Planned Unit Development described in t. Subsequent Owner - any owner of a Tract or Building Parcel Within the Project other than the De~eloper. SPS - Same as principal structure. Tract - one or more ~uilding Parcels within the same land use ~esignation. 6-1 mil TABLE I LAND USE SUMMARY SYMBOL LAND USE Residential Commercial Village Center APPROX, ACREAGE 5]3.6 Ac. · 50.8 AC. 40.8 AC. % OF TOTAL ACREAGE 26.10 2.58 2.07 Marina Resort Center Marina Parking Marina Basin Marina. 44.7 AC. 2.6 Ac. 27.5 AC. 2.27 .13 1.40 6.1 Ac. .31 "RR" "GC" Resort Recreation Golf Course ]8.7 AC. .95 384.1 Ac. 19.52 Parks 5.4 Ac. .27 · "S/FS" Recreation/Open Space Lake School/Fire Station Site 599,6 Ac. 30.47 130,7 AC. 6.64 22,0 Ac. 1.12 ESTIMATED SUB-TOTAL 1,846,6 Ac. Other: Canal/Spreader Waterway 43,7 Ac. 2.22 Road Right-of-way 77.7 Ac. 3.95 NOTE: ESTIMATED TOTAL 1~968 Ac. 100% Table I includes areas of deveIopment within both city an~ county jurisdiction. 7-1 TABLE II RESIDENTIAL DWELLING UNITS/DENSITY RESIDENTIAL PRODUCT TYPE .Single Family Detached Single Family Attached Patio Romes/Townhomes Multi-family Mid-rise Multi-family High-rise Total Residential Units Total Project Acreage Resultant Density ESTIMATED TOTAL (See Note) 337 units 338 units 1,562 units 752 units 1,011 units 4,000 units 1,968~ acres % OF TOTAL (See Note) 8.4% 8.4% 39 1% 18.8% 25.3% 100% 2.0~ dwelling units per gross acre NOTE: The projected total unit summary represents one possible residential mix to yield 4,000 units. Should there be an increase of units in any residential category, there wou~d be a corresponding decrease in other categories to maintain a maximum total of 4,000 dwelling units. NOTE: Table II includes areas of project within both city and county Jurisdiction. , 7-2 TABLE III ESTIMATED DEVELOPMENT SEQUENCE DEVELOPMENT Resiuential Units 998 Commercial/Office Sq. Footage Village Square Sq.. Footage 58,000 Conference Center'Units - Marina Resort Center Sq. Footage 25,000 Hotel Units 300 Marina Wet Slips Marina Dry Slips Golf Course .Holes PHASE I PHASE II PHASE III PHASE IV 1-5 YRS 6-10 YRS 11-15 YRS 16-20 YRS TOTAL 999 1,001 _ 1,002 4,000 140,000 85,000 190,000 105,000 520,000 ~8,000 60,500 176,500 300 25,000 25,000 25,000 - - 300 - 3O0 600 200 200 200 - 600 66 67 67 - 200 27 18 - - 45 NOTE: Table III includes areas of project within both city and county Jurisdiction. Variation of above totals may vary up to the level of a substantial deviation in accordance with Florida Statutes without causing the need for a P.U.D. Amendment to this documeqt. 7--3 TO: Ann McKim, Plan]~ing Department DATE: June 20, 1986 UTilities Engineering Director Re: Petition R-86-14C, Collier Development Corporation PUD We have reviewed the above referenced Petition and have no objection t~ the rezone as requested. Rowever, we require the following stipulations as a condition to our reco~endation for approval: _ A) Water & Sewer 1) Water distribution and sewage collection and transmission "' systems will be constructed througbou~ the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed ~thin platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes .'" pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. All water and sawer facilities constructed on private property and no~ 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 end 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. above tasks must be completed to the satisfaction of the Utilities Divfsion 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 b~ con- veyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. The portion of .the water distribution system lying within the City of Naples service area shall be constructed independently of the system in the County's service area, with no interconnection. These water facilities shall be conveyed directly to the City. The entire wastewater collection and transmission system shall be conveyed to the County for this project, 2) Ail construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. .. 3) All customers connecting to 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 tbs 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 serve the project until the County's off-site water and/or sewer facilities are available to serve the project. Ail customers connected to water facilities connected to the City of Naples shall be customers of tbs City. lanningTo: Ann McKim, Department Page2 Ju~e 20, 1986 4). It is anticipated that the County Utilities DSvision will ultimately supply potable water to meet the consumptive demand and/or receive and treat the aewage generated by this project. Should the County system net be in a poa!tion to supply potable water to the project and/or receive the project's wastewater at the time development commencea, the Developer, at his expense, will install ~nd operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and dfaposal facilities ~dequate to meet all requirements of tho appropriate regulatory agencies. 5) .An Agreement shall be entered into between the Count~' and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of constructio'ff documents for the proposed project, stating that: a) The proposed water supply and on-sit~ treatment' fa'cilftt~ 'and/or on-site wastewater treatment and disposal facilities, if r=quired, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards' and are to be owned, operated and maintained by the Developer, his a~stgns 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 owned by the Developer and approved by the County for development. ~e utility facility(les) may not be expanded to provide water and/or sewer service outside the development boundary approved by the County without the written consent of the County. , b) Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or ~uccessors shall abhndon, dismantle and remove from the' site the interim water and/or aewage treatment facility and discontinue use of the water supply source, if applicable, in' a manner consistent with State of Florida standards. Ai~ work related with this activity shall be performed at no cost to the County. c) Connection to the County's off-site water and/or sewer facilities will be made by the owners, 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 ibc limited to, all engineering design and preparation of construction documents, permitting, modifica- tion or refitting of existing sewage pumping facilities or construction of new master sewage, pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary, to make the connection(s), etc. ,oo ff25 :133 IIIII Ill To: Ann HcKtm, Department Pa~e 3 ~Planning Ju~ 20, ~986 ~ d) At the time County off-site water and/o% sewer facilities are available for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations ir effect at the time: 1) All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements requl~ed 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 ~he master water meter serving the project, including all utility easements necessary. e) The customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County at the time when County off-site water and/or sewer facilities are available to serve the project and such connection is made. Prior to connection of the project to the County's off-site water and/or sewer facilities the Developer, hie assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service hilling 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. ?o: Ann McKtmkPlanning Department June 20, 1986 g) The Developer, his assigns 'or successors a~ree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. h) The County will lease to the Developer for operation and maintenance the 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 project. ~) 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) The project's Developer(s), his assigns or successors shall construct and utilize an on-site secondary distribution system for the usa of'created sewage effluent within the p~oJect limits, for irrigation purposes and potentially for fire flow purposes. The Owner would be responsible for providing all on-site piping and pumping facilit~es from the County's point of delivery to the project and will provide full wet weather on-site storage facilities, as required, by tbs DER, consistent with the volume of treated wastewater to be utilized. Treated effluent will be supplied to the project pursuant to the County's established rata scheduls. The s~condary distribution system shall be constructed pursuant to the findings of a detailed hydraulic design report. The report must be submitted with the construction documents for the project. The report shall list all design assumptions, demand rates and other factors pertinenc to the system under consideration. D) A water storage .tank and repump site shall be provided by the Developer on-site, of a size and location to be mutually.agreeable to the County and the Developer. I~ is understood that ~he Developer may lib 7o: A~n McKfm, Planning Department Page 5 3uno 20, 1986 be ~equired to install a water storage facility on-site to assist in satisfying the project's water demands. Should the County desire to oversize these facilities, in anticipation of future demands and §rowth · ~ithin the surrounding County service area, the County shall negotiate a ~atisfsctory method of reimbursement to the developer for such E) Construe:lo6 and ownership of the water and sewer facilities, including any pr6posed interim water and/or towage treatment facilities, shall be in compliance with all Utilities Division standards, Policies, Ordinances, etc. in effect at the time construction approval is requested. F) Prior to approval of construction documents by the Utilities Division, the Developer mst present verification, if necessary, pursuan: to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer sez-vice to the project until the County can provide this service through its sewer facilities. G) Detailed hydraulic design reports covering the water distribution and sewage collection and tran~mission systems to sez-ve the project ~ust be submitted with the construction documents for the project. Se reports shall list all design assumptions, demand rates and other .factors pertinent to the system under consideration. H) W~en the County has the ability to provide sewage treatment and disposal services, the Developer, his assigns or successors will ba responsible to connect to these facilities at a point to be mutually agreed upon by the County and the Developer, with the Developer assuming all costs for the connection work to be performed. I) Section 5.04-Utilities of the PU~ document must be revised ~o ~k, reference to this memorandum, by date, as an exhibit to the document and specify the Petitioner's acceptance of the stipulations contained herein. A revised copy of the PUD document and draft Ordinance for the rezoning approval must be submitted to the Utilities Division for review and approval prior to the Petitio~ being heard by the Board of County cc: William gar:on, P.E. - Wilson, Miller, Barton, Soil & Peek Clifford Barksdale - Collier Development Corp. IIli AMENDMENT to UTILITIES DIVISION MEMO Dated June 20, 1986 The following replaces paragraph D, page 4 in Utility Division Memo dated June 20, 1986: A storage site of 1 acre size with access (access not included in 1 acre size) for a potable water ground storage tank and repump facility will be provided by Developer. at no cost to the County. The storage and repump facility are to be constructed by and at the expense 'of the Collier County Utilities Department. Should the ground ztorage facility be required prior to Collier County's construction schedule, said facility may be constructed by Developer upon mutual agreement of County and Developer. Collier DRI October 9, lg86 .EXHIBITS ,oo~ 025.::.1.38' ,I OLU i --? ! 025 m ~42 Will '.Z ! !' ! I Zo '! t -- m jl j ,..,- ;.-.. i! DEVELOPMENT ORDER 86-2 DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR CDC PLANNED UNIT DEVELOPMENT LOCATED IN SECTIONS 22, 23, 24, 25, 26, and 36, TOWN- SHIP 50 SOUTH, RANGE 25 EAST, AND SECTION 19, TOWNSHIP 50 SOUTh, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: WHEREAS, Clifford B. Barksdale, Agent for Collier Development Corporation, Applicant, filed on the 11 day of October, 1985 with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as, CDC Planned Unit Development, in accordance with Section 380.06(6), Florida Statutes;. and WHEREAS, Clifford B. Barksdale has obtained all necessary approvals and conditional approvals from the various Collier County'agencies, departments, and boards required as a condition to Planned Unit Development (PUD) zoning and DRI approval; and WHEREAS, the Board of County Commissioners as the governing body of the unincorporated area of Collier County having Jurisdiction pursuant to Chapter 380.06 is authorized and empowered to consider Applications for Development Approval (ADA) for Developments of Regional Impact; and WHEREAS, the public motice requirements of Chapter 380 and the Collier County Zoning Ordinanc~ have been satisfied; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC} and held a public hearing on the ADA and on the Application for Public Nearing for PUD zoning on November 7, 1986; and WHEREAS, Collier Development Corpora~ion ADA is also part of an overall rezoning application by the developer; and the issuance of a development order pursuant, to Chapter 380.06, Florida Statutes,. does not constitute a waiver of any powers or rights regarding the issuance of other development permits by the County or State; and o WHEREAS, on November 10, 1986, the Board of County Commissioners at an open public hearing in accordance with the Collier County Zoning Ordinance approved Ordinance 86-77 which rezoned the subject property to PUD; known as CDC PUD and WHEREAS, on November 10, 1986 the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, Florida Statutes, considered the application for Development of Regional Impact submitted b~'Clifford B. Barksdale, Agent; the report and recommendations of the SWFRPC; the c~rtified record of the documentary and oral evidence presented to the Collier County Planning Commission; the report and recommendations of the Collier County Planning Commission~ the recommendations of Collier County Staff and Advisory Boards; and the comments upon the record made before this Board of County Commissioners at said the following Findings of Fact and meeting, hereby ~makes Conclusion of Law: A. ~INDINGS OF FACT 1. The applicant submitted to the County an ADA and sufficiency reponses known as composite Exhibit B, and by reference made a part hereof, to the extent that they are not inconsistent with the terms and conditions of this Order. 2. The application is in accordance with Section 380.06(b), Florida Statutes. 3. The real property which is the subject of the ADA is legally described as set forth in Exhibit A, the Planned Unit Development Document for Collier Development Corporation attached hereto and by reference made a part hereof. 4. The applicant proposes the development of CDC Planned Unit Development, for 1,968~ acres which includes: The project consists of a resort golf oriented village community coupled with a marina village. The resort village center consists of 4,000 residential units, a 300 . room conference center, a health tennis spa, a 27-hole resort golf course and club house, a private 18-hole golf course and ~ixed retail and office centers serving residents of the project. The marina village center consists 'of two 340 room hotels, a marina specialty retail center,' 600 ~et boat slips, 200 dry boat slips, a harbormaster facility and a yacht club. Residential units will be developed in four phases over a 20-year'period. 5. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SWFRPC. 6. The Development is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06(11), Florida Statutes. 7. The development is consistent with the land development regulations of Collier County. 8. The development is consistant with the achievement of the objectives of the adopted State Land Development Plan 'applicable to the area and is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. B. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in public meeting, duly constituted and assembled on November 10, 1986 that the Dgvelopment of Regional Impact Application for Development Approval submitted by Clifford B. Barksdale, Agent, is hereby ordered approved subject to the following conditions as recommended by the SWFRPC or in response, to their recommendation and the commitments specified in the PUD which are hereby adopted as conditions of approval of this Development Order: 1. HISTORICAL AND ARCHEOLOGICAL An archaeological site exists within the project area. Data from environmentally similar areas in Collier County indicates that other regionally important sites are likely to exist within the project area. The Division of ~istorical Resources has expressed concerns that no land clearing or ground disturbing activity occur until a systematic, professional survey has been conducted. Conditions: a. Prior to commencement of any development a systematic professional archaeological survey shall be conducted for the entire project to identify the location and general conditions of any archaeological resource areas. Copies of the survey shall be sent to the State Division of Historical Resources, the NRMD and the SWFRPC. Both the survey method and the report shall be reviewed and approved by .the State Division of ~istorical Resources and this shall be done prior to any land clearing or ground disturbing activities. The Personnel or agency performing the survey shall be approved by the State Division of Historical Resources. If any archaeological sites are found in this survey the Developer shall consult with the -3- NRMD and State Division of Historical Resources to determine an appropriate course of action in regard to its salvageability. Evaluation of the site shall include, but not be limited to, its determination as a site of regional or local significance, ~mpact minimization by incorporating the site into preservation or green space areas, or other mitigation actions. In addition, if, during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the NRMD and State Division of Historical Resources notified. Development will be suspended for a sufficient length of time to enable the NRMD and State Division of Historical Resources or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The NRMD and State Division of Historical Resources will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activities. The Developer shall preserve any identified archaeological site within the Project's boundaries until such time as further investigation and/or professional examination can take place. This shall also apply to ,~ites identified during clearing or construction operations. The Developer shall maintain cooperative efforts with the Division of Archives, History an~ Records Management and comply with applicable regul~tions regarding investi- gations and eligibility of 'histowical and archaeological sites. All recommendations by the State Division of Historical Resources shall be incorporated into a Develop- ment Order Kmendment following the procedures established in Chapter 380.06.' -4- b. The State Division of Historioal Resources and the County Planning Department shall be provided access to the project, for moDitorin~ purposes anytime during the life of the project. · c. The existing site, 8 Cr 227, shall be evaluated as part of the survey to determine its status as a regiona~ or local site. The Division of Historical Resources shall then determine preservation/mitigation/excavation measures to be taken. 2. DRAINAGE/WATER QUALITY A conceptual Surface Water Management Plan has been proposed that indicates that stormwater runoff from the project will be 'managed by a typical lake/swale detention system which incorporates a series of water quality "best management practices." Although the concepts proposgd are sound, the long-term implementation of the concepts was not demonstrated through the information provided. Therefore, more detailed information will need to be provided through the development review process to assure that the concepts are adhered to and that additional adverse r~gional impact will not occur. Further information is necessary in order to provide a full analysis of impacts. Additionally, the project site is bisected by and drain part of the "Lely Outfall Canal". Conditions: a. Any surface water management design shall be based upon crtte£ia recommended by the South Florida Water Management District. b. The Developer shall cooperate with the County Water Management Department, Big Cypress Basin Board, and South Florida Water Management District in implementing improvements as outlined in the PUD to the Lely Canal, By-pass Canal, and LelylManor Canal as determined to be appropriate by and in accordance with permits issued by the South Florida Water Management District. c. The design of the marina facilities shall indicate where boat maintenance and repair work will take place on-site, and shall describe what best management practices (bmp's) are to be utilized to ensure acceptable water quality, as described in Chapter 17-3, F.A.C. -5- d. The drainage system shall implement the design standards and water quality "best management practices" outlined in the Application for Development Approval, response to Question 22, Drainage. e. An on-going maintenance and monitoring program that regularly inspects, maintains and samples the stormwater drainage system shall be implemented by the applicant, or his successors, through project lifetime. f. Prior to project construction, the Developer will provide the information required by the South Florida Water Management District during the conceptual and construction permitting process, and report same to the SFWMD, SWFRPC, and Collier County for review; and that a Conceptual Surface Water Management Permit ~hall be obtained from the SFWMD. 3. FLOOD PLAIN/HURRICANE EVACUATION The project is located in an area susceptible to storm surge flooding of 13 feet msl in a category III hurricane. The highest natural elevations on site are well below 13 feet. The low elevations of the project coupled with its waterfront location will require evacuation of the resident population in all categories of hurricanes. This will impact both existing evacuation times and the current deficit of shelter ~pace in. Collier County. Conditions: a. The applicant shall provide primary shelter space to meet the requirements of the project. The shelter space shall be available prior to 50% of the project being complete. This Space shall take the form of land donated to the Collier County Pubiic School 'System to facilitate the construction of a middle s~hool, as agreed to by the Collier County School Board, Developer and the Collier County Department of Emergency Management. Shelter space provided in the school shall meet Red Cross standards for primary shelters. b. The project shall be designed in accordance with all applicable Building Codes and Federal Flood elevations. Further, the applicant shall comply with all appl£cable Collier County Ordinances or regulations requiring provisions of shelter space and/or fair share funding of evacuation routes. u. ~'ne developer or homeowners' association shall have a current, on-going program to educate residents concerning hurricane planning, evacuation, shelters, and the dangers of hurricane wind and storm surge, etc. The hotels and conference center shall be included in this plan. 'A draft plan shall be submitted to and coordinated with the Department of Community Af£airs and the Collier County Office of Emergency Management prior to issuance of the first certificates of occupancy. d. The applicant shall contribute a fair share for evacuation route improvements or make other preparations to decrease evacuation times provided, however, that applicant's fair share contribution shall not exceed or be for things other than those reguired of applicant for transportation improvements under the Transportation Section. Improvements could include, but not be limited to; signage, widening and improving existing roads, and/or inte:section/restrictive point improvements. The degree of improvements shall be determined by Collier County Planning, Public Works and Disaster Preparedness. Other preparations could include early .evacuations and the use of mass transit. e. The applicant shall establish and maintain a boat owners' association with a program of education and information similar to "b" above. This program s~all als0 contain hurricane anchorage information and a. warning that all vessels should be removed to a safer anchorage. f. These recommendations may be phased to coincide with project phasing, but shall be in place prior to the hurricane season in which certificates of occupancy for that phase will be issued. The recommendations for the marina shall be in place prior to the hurricane season in which the marina is due to be opened. 4. MARINA , Conditions: The Collier DRI proposed a major marina complex that preliminary analysis shows may create adverse regional impacts in terms of water quality, wetland impacts, habitat loss and impacts to rare, endangered and threatened species. Public benefit of the proposal has been demonstrated by fifty (50) percent of the slips will be available to the public. a. General 1) Developer shall donate all of its holdings exclusive of PUD lands (approximately 500~ acres) in Section 26, Township 50 South, Range 25 East to the Florida DNR or other appropriate agency. These lands are shown as "Donated Lands" on Exhibit "xx". Such donation shall be made immediately after the issuance of the Local, State, and Federal permits for the first phase of the marina. ~7-- 2) Developer shall design and conduct (after the design is approved by the NRMD) a water quality, lake sediment, wetland, and estuartne monitoring program. The results of these studies shall be submitted along with all raw data to the NRMD for annual review. Any or all monitoring programs may be modified or remedial action required if the results dictate. Such decision will rest with t~e NRMD. The wetland and estuarine monitoring programs shall be statistically quantitative and shall include chemical and biological components. Where appropriate, wetland monitoring shall be linked to the water management scheme. 3) The NRMD acknowledges that the Developer's pro- viding of conservation easements, the donation of land, providing public wet/dry slips and preser- vation of certain lands will assist in realizing an important public benefit and that these efforts of the Developer should constitute an appropriate part of any mitigation required by DER, USCOE, and/or SFWMD in consideration of permit issuance. The NRMD will support the FDER, USCOE, and SFWMD permit applications that will be required to carry out the recommendations set forth in this PUD docu- ment as they relate to this Project if ecological monitoring shows no significant adverse environmental impacts. b. ~pecific Restrictions and Review Requirements for the Marina Site. 1) Fifty percent (50%) of the wet/dry slips in the marina will be available to the public on first come first serve basis. This ratio applies to each phase of marina constructions. This marina shall therefore be deemed a regional marina facility. 2) The initial phase of marina shall contain no more than 200 wet slips. Additional wet slips shall require approval in the form of a ST development petition of NRMD. Approval shall be given only upon Developer clearly demonstrating in the monitoring progra~ there have been no statistically significant detrimental ecological effects from the initial 200 wet slips or other marina-related activities. As described in the ADA, the application for the second 200 wet slips may be made after 5 years and the final 200 wet slips after an additional 5 years. Should public demand indicate a need for additional slips prior to this time frame the NRMD may approve additional slips as outlined above at an earlier time. 3) The lamds designated as "MP", and "RO-ST" in the interior of the marina basin as shown on the Master DeVelopment Plan shall be used only for parking facilities in conjunction with the marina docking facilities. The Developer will. maintain, the natural areas'not utilized for parking facilities. The southernmost lands designated "M" within the city boundaries (formerly the site of the yacht club) shall be limited to use as a harbor-master facility with associated harbormaster uses. c. All Collier DRI marina access channels shall post boat speed restriction "No Wake" and "Caution - Manatee Awareness" signs. d. Manatee public awareness measures shall be .implemented, including providing space for literature and posters that are available from public and private environmental groups. 5. VEGETATION AND WILDLIFE The primary issue of regional concern is project impact to 14 species of flora and 27 species of fauna which are endangered, threatened, or are species of special concern that grow, feed, nest and breed on the Collier DRI site. Conditions: a. Specific Environmenta Review Pertainin~ to All Areas of This Developmgnt. 1. The following specific Collier County environmental review and permitting requirements shall apply to all areas of this development as provided for herein. 2. Prior to the issuance ,of a building permit or concurrent with a site development plan review, a site clearing plan for each phase with appropriate development vs. preservation boundaries flagged for review tn the field, shall be submitted to the NRMD for review and approval. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been Oriented to accommodate this goal. -9- 3) All exotic plants, as defined in County ordinances, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. A program plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the NRMD. 4) The final site water management plan, including on-site works relating to the District 6 plan and all associated improvements, with respect to modifications or construction stipulations designed to eliminate or minimize associated adverse natural resources impact shall be reviewed and approved by the NRMD. This local review can occur concurrently with the environmental review by the SFWMD. 5) Prior to approval of a Development Phase Plan (either in phases or a whole) a detailed survey shall be conducted to identify the location and general conditions of any plant or animal species listed as endangered, rare, threatened, or species of special concern on appropriate state or federal lists. Where such species are found the Developer shall prepare a species management plan for review and approval by NRMD. The approved plan shall be implemented by Developer and shall have as a goal on-'site preservation of viable populations or demes (on-site sub-populations). 6) Native species shall be .utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan shall be submitted to the NRMD for review and approval at the time %f site development plan or issuance of building permit. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. -10- b. Specific Designation and Land Use Restrictions for all CKMRA Lands in the Pro~ect. 1) All CRMRA lands in the eastern tract and those CRM~% lands, in the marina site which are shown as "RO" on the Master Development Plan shall be classified with the "ST" overlay. These lands are shown in Exhibit 2) No uses other than those compatible with the preserve designation shal~' be permitted in these "RD-ST" areas. These areas are intended only for limited use in promoting research and education. If scientific and ecological studies support the location of water managem%nt facilities 'and marina spoils within these areas then such facilities may be permitted. All such uses shall be reviewed and approved by the N~MD. c. Specific Environmental Review for Interior Wetlands with Retained "ST" Designation. 1) Ail lands classified as interior wetland types in the Developer's .vegetation survey and designated on Exhibit "x" shall be classified on the Master Develop- ment Plan with an "ST" overlay. The interpretation of vegetative classifications and their site-speci~ic boundaries shall be understood to be general until such time as final delineation occurs during the Development Phase review and approval process. 2) Following submittal of the Development Phase Pla~ and supporting data, including an environmental assessment if deemed necessary by NRMD, proposed activities in these areas will be administratively reviewed as an 'ST" development petition, by NRMD if ecological concerns are sight. 3) Data submission and review of proposed uses may coin- cide with submissions for State and Federal permits, yet all' approvals, including "ST" approval, are necessary 'prior to issuance of construction permits or any site work. 4) As part of "ST" development review, the NRMD shall consider environmental permitting matters such as mitigation, monitoring, guaranteed remedial action, natural buffers, and the like. Retention of natural areas around golf courses and o'~her portions.of the project, preservation of rare, unique, and endangered (RUE) vegetation types, conservation easements, and the deediKg of a~proximately 500~ acres of mangrove wetlands south of the marina site to' the State will be :' given due consideration for permitting the destruction of a certain proportion of interior, isolated wetlands classified. d. Specific Environmental Review Pertainin9 to Areas Designated as Rare, Unique, or Endangered (RUE) Uplandst 1) These specific environmental review requirements pertain to lands classified as scrub oak community and live oak hammock in the CDC vegetation survey and designated as Rare, Unique, or Endangered upland habitats on Exhibit "x". The interpretation of .. vegetation classifications and boundaries shall be understoood to be general until such time as final delineation occurs during the Development Phase review process. 2) At the tim~ of submittal of Development Phase Plan the Developer shall make every effort to minimize destruction of these RUE habitats. Preservation of large intact tracts of RUE uplands may be 'used as... credit for compensation of wetland loss, especially interior wetlands zoned ST as discussed in Section 5.05c. Any such trade off will depend on the ecological state and viability of the wetland segment in question. 3) Where.retention o~ RUE vegetation has been agreed to by the Developer but is in conflict with other, non-environmental, gounty ordinances (e.g., engineering, utilities, etc.), the NRMD will assist the Developer in seeking relief from the non-environmental ordinances, or will assist in devising a solution which will reconcile conflicting or potentially conflicting requirements. e. Due to the high water table, iow lying uplands, and diverse wetland habitats found south of the Lely Canal in Section 25, no treated effluent spray irrigation on golf courses shall be permitted in Section 25 south of the Lely Canal, if monitoring programs show any significant detrimental effects caused by such irrigation measures. ,oo 25 , 159 f. Because of the presence of a bald eagle nest 1,347 feet west of the corner of Sections 23, 24, 25 and 26, and eight feet north of the section boundary of Sections 23 and 26, no construction of any kind shall be done inside the 1,500 foot secondary zone of the bald eagle nest during the nesting season, as per U.S. Fish and Wildlife Service guidelines (see Figure 1 of the FG&FWFC report, Appendix VI}. g. The applicant shall survey all coastal zeric oak habitat on site and provide a gopher tortoise management plan. h. Littoral zones of the proposed lakes shall average at least 4 H:IV, with a submerged berm that concentrates aquatic organisms during seasonal low water levels, as required by SFWMD. i. Developer shall develop and implement deed restrictions to protect vegetation and wildlife adjacent to preserve areas. J. Developer sh&11 encourage precaution by work crew supervisors when working close to planned preserve areas in order to minimize wildlife habitat disturbances. 6. WETLANDS The Collier DRI contains 503 acres of freshwater wetlands and 366 acres of saltwater wetlands located adjacent to Naples Bay and Rookery Bay State Aquatic Preserves, both regionally significant waters. Sufficient information has not been provid%d to demonstrated adequate mitigation measures for the impacts to the impacted wetlands. Conditions: a. Detailed information must be submitted to appropriate regulatory agencies concerning proposed project impacts and mitigation measures including: 1. Ecological health conditions and function of each wetland to be impacted. 2. A more precise identification of which wetland areas will be destroyed, based on the above survey and the application of wetland resource management guidelines. 3. Specific mitigation measures to off-set proposed impacts. 4. Historic water levels to be maintained within wetland preserves to serve as a design and review guide. 5. More detailed information on how the water management system will maintain historic water levels within each wetland preserve. (Placement and design of the adjustable structures, equalizer swales and culverts.) ..... 6. Revegetation plans for the loss of wetland vegetative species. -~- 7. Buffer zones between upland development areas and wetland areas. 8. A maintenance plan to maintain the overall ecological integrity of wetland preserve areas. 9. Documentation that the proposed rerouting and improvements to the Lely Canal, excavation of the Naples By-Pass Canal, .and any associated improvements to the Naples Manor Canal will not result in negative impacts to existing on-site or adjacent wetlands. 10. Documentation, including details regarding the existing hydroperiods, types, and quality of the wetlands which would incur the severest drawdowns, that the drawdowns resulting from the proposed groundwater withdrawals will not negatively impact these wetlands. 7. TRANSPORTATION Traffic generated by Collier DRI, when combined with other growth, in the area, will necessitate improvements to US 41, SR 84, SR 951, and other regional roadways, if Level of Service "C" conditions are to be maintained. Conditions: a. The applicant shall be required to pay for any intersection improvements (including but not limited to signalization, turn lanes, and additional through lanes) found to be necessary by the Florida Department of Transportation or Collier County Transportation Department for the project's access intersections into US 41 (Tamiami Trail) throughout all phases of the Collier DRI development. b. Adequate commitments shall be made to provide the total improvements, including right-of-way, signalization, turn lanes, and other improvements necessary to maintain Level .of Service #C', on an annual average basis, on the roadways and intersections significant~y impacted by this DRI development through its buildout, except that, if a lower Level of Service must be maintained. The development's impact shall be deemed significant when its traffic using a roadway or intersection exceeds 5% of the road or intersection capacity at Level of Service "C". The City of Naples and Collier County shall commit to the programming of such improvements in a timely manner, and to the funding of such improvements with appropriate applications of public funds and/or private funds, including appropriate -14- impact fees and/or proportional share payments collected from this DRI applicant. The programming of such improvements and funding for such improvements on the State highway system shall be coordinated with the Florida DOT and with the programming of State Primary Highway funds in Collier County. Subject to redetermination at the times proportional sha~e payments are due, the following roadways and intersections are expected to be substantially impacted by this development at its buildout~ Tamiami Trail (US 41) - Golden Gate Parkway (CR 886) to Fifth Avenue South - South Ninth Street to Davis Boulevard (SR 84) - Davis Boulevard to Airport-Pulling Road (CR - Airport-Pulling Road to Rattlesnake Hammock Road (CR 864) Davis Boulevard (SR 84) - Airport-Pulling Road to County Barn Road Airport-Pulling Road (CR 31) - Radio Road (CR 856) to Davis Boulevard - Davis Boulevard to US 41 SR 951 - US 41 to Manatee Road - Manatee Road to Marco Shores entrance CR 951 - Rattlesnake Hammock Road to Davis Boulevard Intersections - US 41 (South Ninth Street) at Fifth Avenue South - US 41 at Goodlette-Frank Road - US 41 at Davis Boulevard (SR 84) - US 41 at Airport-Pulling Road - US 41 at Thomasson Drive/Rattlesnake Hammock Road - US 41 at SR 951 - Davis Boulevard at Airport-Pulling Road - SR 951 at Rattlesnake Hammock Road - Livingston Road Ext. at Rattlesnake Hammock Road c. In the ~vent Santa Barbara Boulevard, or a parallel road in the same corridor, ts not extended south to Rattlesnake Hammock Road by 1997, or in the event that Livingston Road, or a parallel road in the same corridor, does not exist between Davis Boulevard and Rattlesnake Hammock Road by 1997 or between Radio Road and Davis Boulevard by 2007, then as a part of the -15- monitoring studie~"""~ade in those a determination shall be made as to whether the effects on impacts and Levels of Service or other roads are significant. If they are significant, then the remedy must be addressed in the applicant's mitigation requirements for the next five-year stage of development. d. Prior to the initiation of construction of the DRI development, and at five year intervals thereafter until bulldout, the applicant shall submit a traffic impact monitoring report to the Collier County Planning Department, Collier County Transportation Department, City of Naples Transportation Department, FDOT and the Southwest Florida Regional Planning Council. This report shall identify the improvements which will be required on the above listed roads and intersections over the next five year stage (or to buildout if less than five years) to maintain Level of Service "C' on an annual average basis or to maintain whatever lower Level of Service may have existed at the time of' application for development approval. It shall contain the estimated costs for such improvements and the portions of those costs, if any, which are not funded with programmed funds. It shall project the DRI impacts and other traffic parameters on those facilities as required to determine whether the DRI is expected to have a significant impact on the facility and to calculate the proportional share of th· unfunded costs which are to be paid by the applicant in accordance with the Collier County impact fee ordinance and State statute and rule. e. Based on the staff transportation assessment, construction of the foliowing road improvements, shall be needed prior to or coincident with the development of the Collier DRI if Level of Service "C" conditions are to ~e maintained. Regional Roadways (including major intersection improvements) Phase I (1987-1992) Tamiami Trail (US 41) - Widen to six lanes with a median from Davis Blvd. · southeastward to the Lely Resort south entrance. - SR 951 "' - Widen to four lanes with a median from US 41 south to Manatee Road. ,00 C25 163 Phase II (1992-1997) Tamiami Trail (US 41) - Sight lanes may be required from Goodlette-Frank Road southeastward to Rattlesnake Bammock Road during thi~ phase. (Since this is not desirable and may not be practical, alternative routes to divert traffic away from the Tamiami Trail [such as an additional bridge over the Gordon River] should be investigated.) Widen to six lanes the segment between the Lely Resort south entrance and SR 951. Livingston Road - Construct as a two lane arterial from Davis Boule- vard to Rattlesnake Hammock Road, or similar facility in same corridor. SantaBarbara Blvd. - Construct as a two lane arterial from Davis Boulevard to Rattlesnake Rammock Road, or similar facility in same corridor. PhaseIII (1997-2002) Tamiami Trail (US - Sight lanes may now be required from Golden Gate Parkway south and east to Goodlette-Frank Road and alternative routes should be investigated. Airport-Pulling Road (CR 31) .. - Sight lanes may now be required from Radio RoAd south to US 41 and alternative routes should be investigated. SR 951 - Widen to four lanes with a median from Manatee Road south to the Marco Shores entrance road. Davis Boulevard (SR 84) - Widen to six lanes with a median from Air~ort- Pulling Road eastward to Santa Barbara Blvd. Ext. Phase IV (2002-2007) SR 95] - Widen to six lanes with a median from US 41 south to Manatee Road. CR 951 - Widen to four lanes with a median from Davis Bouievard south to Rattlesnake ~ammock ROad. Livingston Road - Construct as a two-lane arterial from Radio Road south to Davis Boulevard, or similar facility in ' ' same corridor. The status of scheduled improvements shall be assessed annually. -17- f. If the Level of Service, on an average annual condition, for any significantly impacted roadway segment or intersection falls below Level of Service 'C', or below any lower Level of Service existing at time of application for development ~pproval, and DRI project traffic exceeds 5% of the Level of Service 'C' service volume; and if the applicant has not paid his proportional share of the cost of improving said roadway segment or intersection, as identified and calculated in paragraph d, ' above, either through advance payments or through accumulated payments of County impact fees; and 1. if the roadway improvement necessary to return to Level of Service 'C' condition, or to maintain the lower Level of Service which existed at the time of 'application for development approval, is not programmed in the applicable FDOT, MPO, Collier County, or City of Naples traffic improvement plan, with ide~tified funding, to be constructed within three years! or 2. if such programmed improvement be deleted from said traffic improvement plan; or 3. if three years pass after the roadway segment or intersection is identified as having fallen below Level of Service 'C', or below the lower Level of Service existing at time of application for development approval, without the start of construction of said improvement; or 4. if'the Level of Service on any said roadway segment or intersection operating at Level of Service 'C' or better at the time of application for development approval drops below Level of Service "D" on an annual average condition prior to the construction of said ~mprovement; then a substantial deviation determination shall be required. g. if the same conditions occur except that the developer has paid his proportional share of the-cost of said roadway segment or intersection, either through advance payments or through accumulated payments of County impact fees, then a substantial deviation shall not be deemed to have occurred, and the developer may continue development through the completion of the five-year stage which the project is in at the time the deficiency condition described above is determined to have occurred. h. In the event of any substantial deviation determinat~on, the developer may continue development during the substantial deviation review until an amended development order is issued, provided that the amended development order is issued within one year of the date the substantial deviation determination is made by Collier County pursuant to the substantive standards contained in subparagraph (f) above and the procedural requirements for substantial deviation determinations contained in Section 380.06 (19), Florida Statutes (1985). Further development will be authorized and conditioned by the final amended development order. 8. WASTEWATER MANAGEMENT The applicant estimates the project will generate about 1.31 million gallons per day of wastewater. A County regional plant is scheduled to be on line between 1987 and 1990. In the event that the regional plant is not operating when needed, the applicant has proposed to build an on-site, interim plant. If built, the interim plant would supply secondary level treatment and effluent disposal would be by spray irrigation, evaporation/percolation ponds, and 'storage in lakes and/or wetlands. Despite two sufficiency rounds, the applicant has not identified the lake/wetland locations saying only that "exact locations and methods will be determined at the t~me of construction permit application with FDER." Due to the size of the commercial portions of the project, there is a possibility that hazardous waste may be generated on site. Any wastewater containing hazardous waste mush meet applicable pre-treatment criteria or else be prevented from entering the surface water management system. -19- Conditions: a. If it becomes necessary to build an interim, on site wastewater plant exceeding 50,000 gallons, the Collier DRI shall be required to undergo a Substantial Deviation determination. The issues would include, but not be limited to, spray ef£1uent for irrigation, evaporation/percolation pond location and hazardous wastewater treatment. b. With the exception of pre-construction offices, no septic tanks shall be allowed on site. c. The applicant shall meet with the Collier County Planning and Utility Departments for the purpose of expediting the construction of the regional plant. This assistance may take the form of land, financial assistance, technical expertise and other assistance, as determined by the County. 9~ WATER SUPPLY The Collier DRI proposed to utilize both the Collier County Utility Division and the City of Naples Utility Department for supplying the potable demand for the project. A total expected consumption is 1.306 MGD. To meet the non-potable supply demand, the applicant is proposing to construct three irrigation wells near US 41 for residential lawrt and landscaping requirement~. All other non-potable irrigation needs are proposed to be met by on-site generated, renovated wastewater supplemented by off-site generatd, renovated wastewater. No source of off-site wastewater has been secured to date. a. Deed restrictions requiring extensive use of drought-tolerant vegetation for landscaping purposes shall be utilized. b. No portion of the construction of either of the two golf courses shall take p~ace until the applicant can provide assurances to SFW~D and FDER that an adequate supply of renovated wastewater or other SFW]4D approved source exists and is av~ilable for the spray irrigation needs generated by the golf courses. The applicant shall consult with the Collier County Utility D~vision in regard to renovated wastewater supply and availability as a County Regional Plant is intended to be on line by ~990. c. The applicant shall 'obtain a Water Use Permit for groundwater withdrawals from the South Florida Water Management District (SFWMD}. d. The applicant shall incorporate the use of water-conserving devices, as required by state law (Chapter 553.14, Florida Statutes). e. Water conservation measures and practices shall ~e utilized in the Collier DRI site. At a minimum, water conservation devices as described within the Water Conservation Act must be used, landscape irrigation with potable water should be restricted to the hours of 5:00 p.m. to 9:00 a.m. after the establishment of landscaping. Non-potable water sources and/or reuse should be utilized for irrigation where possible. 10. ENERGY The proposed project would be an all electric development and would increase the energy demands of the Region. The applicant has committed in the ADA to some energy conservation measures to reduce the impact of that increased energy demand. a. Provision of a bicycle-pedestrian system to be placed along arterial and collector roads within the project. This system is to be consistent with applicable. County requirements. b. Provision of bicycle racks or storage facilities in recreational, commercial and multi-family areas. c. Cooperation in the locating of bus stops, shelters, and other passenger and system accommodations for a transit . system to serve the project area. d. Use of energy-efficient features in window design (e.g., tinting and exterior ~hading). e. Use .of operable windows and ceiling fans (as appropriate). f. Installation of energy-efficient appliances and equipmen~. -21- g. Prohibition of deed restrictions or covenants that would prevent or unnecessarily hamper energy conservation efforts (e.g., building orientation and solar water heating systems). h. Reduced coverage by asphalt, concrete, ~ock, and similar substances in streets, parking lots, and other areas to reduce local air temperatures and reflected light and heat. 'l. Installation of energy-efficient lighting for streets, parking areas, and other interior and exterior public areas. J. Use of water closets with a maximum flush of 3.5 gallons and shower heads and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 pounds of pressure per square inch) as specified in the Water Conservation Act, Chapter 553.14, Florida Statutes. Selection of native plants, trees, and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance, and other needs. k. Selection of.native plants, trees, and other vegetation and landscape design features tht reduce requirements for water, fertilizer, maintenance, and other needs. 1. Planting or retention of native shade trees to ~rovide reasonable shade for recreation areas, streets, parking areas, and residential units. m. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. n. Orietation of structures, as possible, ko reduce solar heat gain by walls ~nd to utilize the natural cooling effects, of the wind. o. Provision for structural shading (e.g., trellises, awnings, and roof overhangs) wherever practical when natural shading cannot be used effectively. p. ConSider~tion ~y the project architectural review committee(s) of energy conservation measures (both those noted here and others) to assist builders and tenants in their efforts to achieve greater energy efficiency in the development. q. Inclusion of porch/patio areas in residential units. 169 11. GENERAL CONSIDERATIONS Numerous commitments were made by the applicant to mitigate project impacts. The ADA provided a Phasing Schedule that provided the timing basis for this review. If this phasing schedule is significantly altered by the applicant, then many of the basic assumptions of this approval could be substantially changed, potentially raising additional Regional issues and/or impacts. Conditions: a. All commitments and impact mitigating actions provided by the applicant within the Application for Development Approval (and supplementary documents) that are not in conflict with specific conditions for project approval outlined above are officially adopted as conditions for approval. b. The developer shall submit an annual report on the Development of Regional Impact to Collier County, the City of Napies, Southwest Florida Regional Planning Council, the Oepartment of Community Affairs and all affected permit agencies as required in Subsection 380.06(18), Florida Statutes. c. The development Phasing Schedule presented within the ADA, and as adjusted to date of development order approval and/or permit approval shall be incorporated as a condition of approval. If Development Order conditions and Applicant Commitments incorporated within the Development Order to mitigate regional impacts, are not carried out as indicated to the extent or in accord with the timing schedules specified within the Development Order and this phasing schedule, then this shall be deemed to be a substantial deviation for the affected regional issue. d. If by final Order the adjacent Jurisdiction DENIES the Collier DRI, then this shall be deemed to create a substantial deviation. BE IT FURTHER RESOLVED, by the Board of County Commissioners of Collier County, that~ 1. The Community Development Administrator shall be the local official responsible for assuring compliance with the Development Order. -23- 2. All commitments and impacts mitigating actions provid.d by the applicant in the Application for Development Approval with supplemental documents and the Application for Public }{earing for rezoning with supplemental documents that are not in conflict with conditions or stipulations specifically enumerated above are hereby adopted to this Development Order by reference. 3. This Development Order shall remain in effect for years, the estimated duration of the project. ~owever, in the event that significant physical development has not commenced within Collier County within five (5) years development approval will terminate and this Development Order shall no longer be effective. For purposes of this requirement "significant 'physical development' does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. 4. The applicant or their successor(s) in title to the subject property shall submit a report annually, commencing one year from the effective date of this Development Order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report will contain the information reguired in Section 9B-16.25,' Florida Administrative Code. Failure to submit the annual report shall be ~overned by Subsection 380.06(16), Florida Statutes. 5. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Plorida Statutes, unless it is found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following is present; a. A substantial deviation from the terms or conditions of this Development Order, or other changes to the approved development plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which were not evaluated in the review by the Southwest Florida Regiona~ Plannin~ Council; or b. An expiration of the period of effectiveness of this Development Order as provided herein. Upon a finding that either of the above is present, the Board of County Commissioners of Collier County shall order a termination of all development activity until such time as a new DRI Application for Development Approval has been submitted, reviewed and approved in accordance with Section 380.06, Florida Statutes. 6. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the applicant to comply with all other applicable local or state permitting procedures. 7. Development as permitted by this Development Order is authorized only within the area descried herein lying and being located within the unincorporated area of Collier County, Florida. 8. The definitions contained in Chapter 380.06, Florida Statutes ~ shall control the interpretation and con- struction of any terms of this Development Order. /,, 9. This Order shall be binding upon the Developer, assignees or successors in' interest. 10. It is understood that any reference herein to any govern- mental agency shall be construed to mean any future instrumentality which may be created or designated or successor, in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. 11. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent Jurisdiction, such decision shall in no manner effect the remaining portions of this Order which shall remain in fu~l force and effect. 12. This resolution shall become effective as provided by law. 13. Certified copies of this order are to be sent immediately to the Depa]:tment of Community Affairs, Southwest Florida Regional Planning Council. .: ~,' .. c?-.-:-.:¥~ '. W, : BOARD OF COUNTY COMMISSIONERS :,-' ~,ATTEST~'~ : ~ '- COLLIER COUNTY FLOR :~;.',.>'.,:J~mes a.'~u~es, Clerk ~/ " ~.4'ohr~ Pistor, Chairman %, ;)APP.RCI~D-'AS TO FORM AND LEGAL SUFFICIENCY ' Kenneth B. Cuyler, ~nty 'AttOrney ~,00~( U25Pl.,;t 172 · .t It m :! ,! .i,!i Ill...' jl r !!