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Ordinance 85-15/DO 85-2kF. GEiYED ¥IILl.I/Ll,I ,I, PEAQMI OLt!R!', OF St, RD .,,~Lt.lEP, ~ ' COU','!'Y, FLORIDA ORDINANCe. 85- 15 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- POILATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING TIlE ZONING ATLAS MAP NUMBER &9-26-3, 49-26-2 AND 49-25-! BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 AND A-2 "ST" TO "PUD" PLANNED UNIT DEVELOPMENT LOCATED NORTH OF PINE RIDGE ROAD BETWEEN THE ESTATES AND 1-75 AND EXTENDING WEST TO AIRPORT ROAD ALONG THE FUTURE GOLDEN CATE BOULEVARD EXTENSION FOR I ,925.4 ACRES, 6,978 DWELLING UNITS, COMMERCIAL AND RECREATIONAL FACILITIES~ AND PROVIDING AN EFFECTIVE DATE: I~EREAS, Jimmy Adkins, petitioned the Board of County Commissioners to' change the Zoning Classification of the herein described real property; NOW, TItEREFORE BE IT ORDAINED by the Board of' County Commissioners of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described real property located in Sections §,-6 and 8, Township 49 South, Range 26 East, and Section 1, Township 49 South, Range 25 East, Collier County, Florida ia changed from A-2 & A-2 "ST" to "PUD" Planned Unit Development in accordance with the PUD document attached hereto aa Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number, Numbers 49-26-3, 19-26-2 and 49-25-1, as described in Ordinance 82-2, is hereby emended accordingly. ~ECTION TWOt Thie Ordinance shall become effective upon receipt of notice that is has beau filed with the Secretary of State. DATE: May 7, 1985 %~,~ .... ATTEgT~ 4C,}: ~[~,~;~ILL~AH.J. REAGAN, CI,EI~ .: . <.. , // , -/ // } ]~:lh"" Kenneth ~. Cuylat~ - Asaia~ant County BOARD OF COUNTY ¢OF~tlSSIONERS COLLIER COUNTY, FLORIDA FRE~ER/CK J. VOSS, CHAIRMAN T'hl, erdlnonce IIl~.d with tho Secretory of Slate's Ofllce and ocknow!edgerr~nt of that filing received thls&L'~.~ day of ~,/'~- , R-84-30C PUD Ordinance STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify thaC the foregoing is a true original of: ORDINANCE NO. 85-15 which was adopted by the Board of County Commissioners during Regular Session on tile 7th day of May, 1985. NITNESS my hand and ~he official seal of the Board of County Com- missioners of Collier County, Floridaw~%~s~ j~Sth day of Ma;,, ]985, · L,'-"~ .... ~ %% ' ' .~.'t~". '~le~k 'Of;~outta and Clark ''.:' , ' Ex-OffiCe--ce to Board of .... _ '..':'i(.;-:'~,",','.:.;~,,' ;-L~' PLANNED UNIT D~v'ELOPM~I' ~ FOR THE VINEYARDS OF NAPLES A PCANNED RESiDEnTIAL ~ITY ~vised 4/19,/85 Arch lt:ec.t s, _hat,scape Arch i te~s, THE D~I~ ~ 237 ~ ~hley S~ree~ ~, Florida 33602 ~rke~ i~ · ~nsul A~ OF N~L~, ~C. 5801 Pelic~ ~y ~., Suit~ 401, Naples, Florida 33940 ~sulti~ ~in~ ~ '_~ ~LE ~ & ~IA~ 715 ~nth Strut ~u~, Naples, Florida 33940 2077 ~tde Par~ay, ~rt Myers, Florida 33901 ~lf ~urse Ar~itect WILLIAM W. AMIO{ Po~t Office Box 1984, Daytona Beach, Florida 32015 BAR/t, DUNLOP & ASSOCIATES 1719 South Gadsden Street Tallahassee, Florida 32301 MISSIMER & ASSOCIATES Route 8, Box 625-D, Cape Coral, Florida 33909 ~e~ Consultants ED O'NEAL & ASSOCIATES 5247 Clayton Court S.W., Fort Myers, Florida 33907 ~al Counsel Y~JNG, VAN ASSENDERP, ~E & B/lqTilN, P.A. 801 Laurel Oak Drive, Suite 300, Naples, Florida 33963 EcOoomi c 'Assessments AT! OF NAPLES, INC. REALTORS 5801 Pelican Bay Blvd., Suite 401, Naples, Florida 33940 ST~ OF OOMPLIANCE & SXORT TITLE SECTION I S~TION II S~'TION IIX S~'TION IV S~"TION V SECTION VI SBCTION SECTION VIII SECTION IX PAGE ~.! 1-~ 2-1 3-1 4-~ 5-1 6-1 ?-~ 8-1 9-] Master Development Plan Street R/ght of Way and Boad Cross Section STATEMenT OF (X~LIANCE The devmlopment of approximately 1,925.4 acres of property in Section 1, Township 49 South, Range 25 Eastl and Sections 5, 6 and 8, Tom, ship 49 South, l%ange 26 East, Collier County, Florida, as a Planned Unit Development to be known as The Vineyards of Naples, will be in u~,,~liance with the planning goals and objectives of Collier County as set forth in the (~rehensiv~ Plan. The residential, com~rcial/multi-usa development and associated recreational facilities of The Vineyards of Naples will be consistent with the growth policies, land development regulations and applicable Comprehensive Plan documents for the following reasons: 1) The subject propert~ has the rating points required for adequate c~nunity facilities and services. 2) The project develolm~nt is compatible and complementary to the surrounding land uses. 3) Improvements are planned to be in substantial c~pliance with applicable regulations. 4) The project development will result in an efficient and economi- cal extension of co~nity facilities and services. 5) The project develoi~ment is planned to incorporate natural systems and existing man-made systems for water management in accordance with their natural functions and capabilities. 6) Several arterial roadways are in existence or planned both thrcaxjh and adjacent to the property. 7)The proposed plan sets as a goal establishing reasonable flexi- bility for land usage thru build-out. 8) The project is located at a major system interstate system interchange. The proposed plan incorporates the use of the "Interchange Commercial" zone. SHORT TITLE This ordinance shall be known and cited as "The Vineyards of Naples PUD Ordinance." iii 1.01 1.02 1.03 SECTI~ ! PNOPERTY G,A;ERSHIP & GENERAL DESCRIPTION INTBCX~JCTION AND PURPOSE It is the intent of the Owner (hereinafter called "applicant" or "developer") to establish and develop a Planned Unit Development (PUD) on approximately 1,925.4 acres of property located in Collier County, Florida. It is generally bordered on the west by Airport ~oad and on the east by Golden Gate Estates. The northern boundary of the property is the proposed Vineyards Boulevard. The southern edge of the property is bounded by Pine Ridge Road. It is the purpose of this document to provide the required standards and to set forth guidelines for the future development of the property. NAME. - The PUD develounent shall be known ~$ The Vineyards of Naples. ~ DF~CRIPTION PARCEL A PARCEL B & C PARCELD North half of the northeast quarter of Section 1, Township 49 South, Range 25 East, Collier County, Florida, also the North half of the Northwest Quarter of Section 1, Township 49 South, Range 25 East, Collier County, Florida, less and except the West 100 feet thereof. Containing 196.7 acres, more or less. Owner: NFV Corporation Beginning at a ooncrete monunent found in July 1969 marking the West 1/4 corner of Section 6, Township 49 South, Range 26 East, Collier County, Florida; thence along the west line of said Section, North 02'03'30" West 9,171.50 feet to the Northwest corner of said Section 6; thence along the North line of said Section 6, South 89'35'47" East 5,289.10 feet to the Northeast corner of said Section 6; thence along the East line of said Section 6, South 01'06'54" East 2,647.46 feet; thence North 89'35'47" West 1,285.27 feet; thence South 02'03'30" East 523.35 feet; thence South 00'52'50" East 137.19 feet; thence North 89°35'47" West 3,960.00 feet to the West line of Section 6; thence along the West line of said Section 6, North 00'52'50" West 137.03 feet to the place of beginning: being a ~art of Section 6, Township 49 South, Range 26 East, Collier County, Florida; less and except Interstate Highway 1-75 right-of-way p3rcel 111-R. (O.R. Book 907 Pages 631-635) Containing 358.3 acres more or less. Owner: ND; Corporation Section 5, Township 49 South, Range 26 East, Oollier County, Florida. Containing 727.7 acres, more or less. Owner: Michael Procacci and Joseph Procacci :tO - SeCtion 8, Township 49 South, Range 26 Eaot, Collier Oounty, ~lorida less and except Interstate ~{ighway 1-75 right-of-way Parcel 121. (O.R. Book 907 Pages 637-643) ..... Containing 642.7 acres, more o= less. Ownerl Michael Procac~l and Joeep~ Procacci the untfie~ control oE ~ Subject proper~£ea are currently under Pro~erties, Inc. }'. a Florida corporation. 1-2 2.01 2.02 2,03 2.04 2.05 · 2.06 SEC~IO~ II PUIt~E The purpose of this Section is to generally describe the plan of the devel- olx~ent and delinsat~ the general conditions that will apply to the project. The Vineyards of Naples is a planned community, which includes a mixture of residential and ~rcial uses, interchange cc~r~ercial, civic and educa- tional sites, golf cc~rses, open space/parks and preserve areas. The project is planned to be in sub&tantial compliance with the applicable Collier County general zoning and subdivision regulations as well as other Collier County development codes in effect at the tim~ permit plats arm requested. LAND USE The Master Development Plan (Exhibit A) shows proposed land uses of develop- sent for each parcel. Minor variations in acreages shall be permitted at final design to accommodate vegetation, encroachments, utilities., market conditions, and other hereto unforseen site conditions. SFi~ PLAN APPNOVAL When site plan approval is desired or required by this document, applicant shall cc~ply with 10.5 of the Zoning Ordinance or successor regulations dealirg with site develc~ment plan approval. FI~IONALIZATI(I~ OF TRACTS ~hen the developer proposes ho sell a tract or a fraction of a tract or proposes develo~nt of a tract or fraction thereof himself, the developer shall provide to the Comrunity Develo~nt Administrator for approval or denial, prior to the sale or development of such property, a boundary drawing showing the tract and the nu~er of dwelling units of each residential type or o$~,,~ercial square fcotage assigned to the tract. A) In the event any tract or fraction thereof is sold by any subsequent owner, as identified in Section 2.06 (A), in smaller fractional parts to other parties for develou~ent, the subsequent owner shall pio~idm to the Director, for approval or denial, prior to the sale of a frae- tional part, a boundary drawing showing his originally purchased tract and the fractional parts therein and the number of dwelling units or B) 2-1 c) D) E) F) o~,,,erctal ~quare foot~ge assigned bo each of the fractional parts.'' No frsctionalization plan by any subsequent owner shall serve to increase the botal number of dwelling units originally assigned by the Developer to the overall tract/fractio~ of tract being further fracttonalized ~' said subsequent Any drawing under (A) or (B) hereof shall also show the locatiom and size of access to those fractional parts that do not abut a public street. Evaluation by the Administrator under (A) and (B) hereof shall be limited to determining conformance with allowable land use intensities under the PUD document and for reasonable accessibility of said fractional parts of tracts to public or private roadways. ~he developer of any tract or building parcel ~ust submit at the time of application for a building permit, a detailed plot plan for his tract or parcel. Such plot plan shall show the proposed location of all buildings, setbacks, access roads, offstreet parking and offstreet loading areas, refuse and service areas, required yards and other open spaces, locations for utilities book-up, screening and buffering, signs, lighting, landscape plan, other accessory uses and structures and in residential areas, the distribution of dwelling units among the proposed structures. In evaluating a detailed plot plan, the Administrator's decision for approval or denial shall be based upon compliance with the criteria and the development intent as set forth in this document, current planning criteria, conformance with allowable land use intensities and the reasonable accessibility of the fractional parts to public or private roadways, com~ areaz, or other means of ingress and egress. If any approval or denial under this section is no.t issued within ten ' (10) working days of submission, the submission shall be considered automatically approved. 2-2 · :,,~ R-2 Residential Multi-Family 558.37 3,071 386.35 3,907 (IR Retail & Office 29.25 ) CIC Internee ~m~l~ 41.75 ) Maximum ~m~unt o~' square footag~ 460,000 EDOCATIONAL E School S tte 27.0 cnqc V'3 VlllzKje Square 4.47 RECREATION AND OP~ SPACE GC Golf Course 395.0 Water Managemen t./Lakes 320.0 Major Rights-of-Way 90.51 R - Parks 34.89 R- Open Space/Cypress Heads 24.78 MISCELL~ Water Tank Site 2.5 Power Line Easement 8.43 Publi~Service (Fire station, EMS, etc.) 2.10 1,925.4Acres Revl~,~d 3/14/'85 2-3 ,o. O]ZO. , !l Pwelling Units 2.08 6,978. The nunber of dwelling units per gross acre is approximately 3.62. The density o~ individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. The total acreage of The Vineyards property ia approximately 1,925,4 acres. ~, The maximum number of dwelling units to be built on the total acreage is . ~' 2.09 P~L~.,~-~- ~u VAa~A_TIONS OF ~WELLZNG UN[TS Flexibility is ~ ~ all~ as ~ n~r of ~its ~ ~y ~r~l p~ided the ~x~ n~r of ~1 ~ R-2 a~ ~t ex~. ~ld~, ~ver, ~at the ~inistrator ~y a11~ ~ ~ a ten ~r~nt (10%) var[~ in eider R-1 or R-2, ~ 1o~ as ~e ~tal ~s ~t ex~ 6,978. FOR UTILITIF~ Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be done in substantial oc,,pliance with the Collier County Subdivision Regulations. All necessary easements, dedications, or other instrunents shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 2-4 3.01 3.02 3.03 3.04 SECTION III SINGLE-FAMILY RESIDENTIAL PURPOSE The purpose of this Section is to set forth the regulations for the areas designated as Single-Family ~esidential. A maximum nunber of 3,071 dwelling units may be constructed in all of the Single-Family l~esidential parcels except as permitted by Section 2.08. No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A) Permitted Principa! Uses and_ Structures 1) Single Family detached type dwelling structures. 2) Public and private parks, playgrounds, playfields and co~m~lly Permitted Princijpal Uses .an~ StL~ctures 'Requiring Specific Site ~P~oV_al ;~cCOrding to.~eC{ion 2~0~ ........ 1) Single Family attached type dwelling structures (villas, cjuster and group housing, townhouses, patio homes, z~ro lot-line units, and other similar single family attached or semi-attached dwellings). 2) Necreational structures, co~unity buildings, utility structures. C) Permitted Ac_cessory Uses and Structures Customary accessory uses and structures, including but not limited to private garages and private swinning pools. 2} M~del homes shall be permitted in conjunction with the promotion of the development. PROPERTY DEVELOPMfITI' REGUIATIONS..FOR PERMITTED'US. ES (Section 3.03A) 3.04.01 Gf:~.RAL: All yards,, set-backs, etc., shall be applied in relation to the individual lot. boundaries. 3-1 3.05 3.04.02 Ki'NI~r~ LOT ~ N4D DIM]~SICt~S: 3.04.03 Areal MINIMUM. Front= Side= · ~ear~ 10,000 Square t~t 80 Feet Interior Lots 95 Feet Corner Lots 80 Feet Cul-de-Sac and odd' ahaped lo~ (measured a~ the fro~t yard setback line). 25 Feet 7.5 Feet O~e Story 10 Feet Two Story 25 Feet 3.04.04 MAXI~I3M BUILDING HEIGHT= Principal Structures= 2 Living stories plus roof structure over parking AcceosOry Structuresz 20 Fe~t 3.04.05 MINI~3M FL~OR AREAz &. 1000 sq. ft. PBOPER[~ DEVELOPMENT REGULATIONS'FOR PERMITFED USES REQUIRING PIAN APPBCTv~L TSectioh 3.05.01 3.05.02 G~%kL~ All yards, setbacks, etc. shall be applied in r~lation to parcel boundaries. MINI~JM 'PARCEL' AREA' & DIM~kISIONS AS determined by Fractionalizatio~ according to Section 2.06. 3.05.03 MINI~-~4 ' LOT AREA ' & DIME,S IONS Area~ l~Lnimt.~ Parcel Dimension Along Any Primary Side~ 1,500 Square Feet 50 Feet 3-2 .. OZO- ,. !7 3.06 m 3.05.04' TO Principal Uses aloog any Public Boadway R~ght-of-Way! 25 Feet To Principal Uses Adjacent Development Parcels, 10 Feet To Principal Uses Open ~)ace or Recreational Areas, 10 Feet To Accessory Uses, Typical: 5 Feet To Fencing, Screening and Privacy Wall not exceeding 7' high, None To Preserve Areas 30 Feet 3.05.05 Principal Structures: 2 Living stories plus roof str~cture over parking Accessory Structures: 2O 3.05.06 M/NI~43M FLOOR AREA: 650 Square Feet OFF-STRE~ P;J{K II%121 Those principal use structures which are identified in Section 3.03A shall cc~tain a minimum of two (2) spaces per dwelling unit. The Administrator may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use. However, those unpaved spaces 'shall be grassed and reserved for future paving. 3-3 'I 4,01 4.02 4.03 4.04 SECTION IV MULTI-FAMILY RESIDENTIAL The l~rpo~e of this Section is to set forth the regulations for the areas designated on as Multi-Family ~sidential. A maximum number of 3,907 dwelling units may be constructed in all of the Multi-Family R~sidential parcels except as permitted by Section 2.08. No building o~ structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the followings A) ~) Permitted Principal Uses and Structures Multi-family dwellings, which is defined as any single structure containing two (2) or more separate dwelling units. Permitted Principal'Uses-and'Structures-Re~u. irin~ S~ecific Site ,Plan AP~rova'l" ~ccordin~ to'Section' 2.(~5 .... 1) Ail permitted principal uses and structures allowed by Section 3.03B of this document. C) 2) Any permitted structure exceeding the maxia~m building height allowed by Section 4.04.04 of this document 'put not exceeding ten (10) habitable/living ,tories above parking. Permitted .Accessor~'Us. es'and Structures All permitted accessory uses and structures allowed by Section 3.03C of this document, in accordance with Section 3.05. 4.04.01 GENERAl..' Ail yards, set-backs, etc., shall be applied in rela- tion to the individual parcel boundaries. 4.04.02 A) MINIMUM PARCEL AREA'AND DIMENSIONS~ Area: 1 ac~e Frontage~ 150 Feet 4-1 4.05 4.04.03 MINI~3M SETBACKS TO PARCEL BOUNEIKRI~-~: One-half of principal building height with a ndni~um of: Front ~ 30 Feet Side~ 15 Feet Rear~ 30 Feet 4.04.04 4.04.05 Six (6) ~abitable/living stories above parking unless otherwise approved under Sectio~ 4.03B2 except that a 35 foot height limit shall apply to all perimeter tracts. MINIMUM*FLOOR'AREA: 750 Square Feet Those principal use structures which are identified in Sectto~ 4.03A shall contain a minfmum of two (2) parking spaces per dwelling unit. The Administrator may permit a lesser number of parking spaces to be paved whet% circarastances indicate infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. 4-2 5.01 5.~2 SECTIO~ V The purpose of this section is to set forth the regulations for the area designated as Village Square and this special designation applies only to parcel 40-rs, as shown on Exhibit A, Master Development Plan. No building or structure or part thereof s~all be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A) p.r_lncipa! _Uses ..Requiring' Specific 'Site i Plan' Approval It is the intent of the Developer to establish this area as the "Towns Center" of the Vineyards Project. The Village Square is envisioned to be the gathering place for events of special social, political, recreational, cultural and civic activities. This area is clearly a mixed-use area in concept and will permit and allow uses and civic service structures and facilities such as fire stations, libraries, post offices, police stations, museums, theaters, etc.; recreational facilities such as parks, playgrounds, bandstands, nature areas, atheistic fields and courts. In addition, any other uses not mentioned herein but consistant with the intent of the Village Square, may be allowed as set forth herein. B) Criteria for A~ro~.al No use or structure shall be erected, altered, or used, or land or water used, in whole or in pa~'t, without specific site plan approval in accordance with Section 2.05. The following criteria shall also be considered as part of the site development approval.process= 1) Conpatability of the proposed use to other uses existing or permitted within the Village Square, with other existing or permitted uses in the immediate surrounding areas. 2) 3) Conpatibilty with com~c~ architectural theme for the Village Square. Appropriate parking, setbacks, lighting, landscaping and site coverage in accordance with the proposed use and its relationship and effect on surrounding land uses. C) Permitted Accessory Uses and Structures 1 ) Caretaker's residence. 5-1 $,03 2) A:cessory uses uses and structures customarily associated with the uses permitted Ln this section, including but not l~mited to, garages, recreatio~al structures, utility structures water management facilities. PROPE]~Y DEVELOPMENT REGUtATI~ 5.03.01 G~AL= All yards, setbacks, etc., shall be applied relation to the individual parcel boundaries. 5.03.02 MINIMUM ' hCrf AREA 'AND DIMENSICNS = As determined by fractionalization, unless the site is developed as one parcel, in which case site development plan approval is required in accordance with Section 2.05. 5.03.03 Minimum setbacks shall be as required in the appropriate section hereof or in the zoning code for the use' most closely resembled by the proposed use in this district. 5.03.04 MAXIMUM HEIGHT OF STRUCTJRES: Village Square 45 Feet 5-2 6.01 6.02 S~CTION VI CCX4~ERCIAL (RETAIL A~D INTERCHANGE ~IAL) PURPOSE The purpose of this Section is to set forth the regulations for the areas designated as Conmercial. PERMllTED USES AND STRUCIURES NO building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the · following ~ These areas are to provide an intermediate or middle level of goods and services. This may include community-type shopping areas, as well as convenience/neighborhood goods, along with professional office space. These areas are designed to serve the motoring public, but basically cater to residents of The Vineyards. A) Permitted Princi~al Uses and'Structures 1) Antique shops; appliance stores; art studio and supply shop~; automDbile parts stores; automobile service stations without repairs. 2) Banks and financial institutions; barber and beauty shops; blue- print shof~! ~ stores; bicycle sales and service; book binders; business machine services. 3) Carpet and floor oovering sales, including storage and installa- tion; churches and other places of worship; clothing stor~s; con~rcial rec~eation uses -- indoor; commercial schools; con- fectionary and candy stores; c~cktail lounges; child-care facilities. 4) Delicatessens; department stores; drug stores; dry cleaning shops; dry good stores; drapery shops. 5) 6) Educational facilities; electrical supply stores. Fish markets -- retail only; florist shops; food markets; fraternal and social clubs; funeral homes; furniture stores; furrier shops. 6-1 B) Garden supply stores -- Outsi~e display, in sl~e ~ ~ar yards; gift shops; glass and mirror sales; gourmet shops. Hardware stores; health food stores; hospital and hospic~.s. 9) Interior decorating showrooms. 10) Ice cream stores; ice sales. 11) Jewelry stores. 12) Laundry -- self service only; leather goods; legitimate theaters; liquor stores; locksmith. 13) Markets -- food; markets -- meat; millinery shops; motion picture theaters; museuns; music stores; medical offices and clinics. 14) Offices - general; office supply stores.. 15) Paint and wallpaper stores; pet shops; pet supply houses; photo- graphic equipment stores; pottery stores; printing, publishing and mime<graphic services; private clubs; professional offices. 16) ~search and design labs; radio and television sales and services; rest homes; restaurants -- including drive-in and fast food restaurants. 17) Stationery stores; sporting goods stores; supermarkets; shoe repair. 18) Tailor shops; taxidermists; tile sales; to~ stores; tropical fish stores. 19) R~search and design labs. 20) Veterinary offices and clinics -- no outside kennels. 2~) Any other use which is co.patible in nature with the foregoing uses and which the Administrator determines to be compatible in the district. Permitted Principal Usesand'Structures 'Bequirin~'S~ecific Site Plan ApproVal 1) Heliports. Heliports shall meet all F.A.A. Begulations and are subject to all ~overnmental laws and standa, rds. 2) Permitted uses with less than 1,000 square feet of gross floor area in the principal structure. -- 6-2 c) 3) Car wash; commercial recreation -- outdoor. 4) Shopping centers. ~rmitted Accessory.Uses'and Structures l) 2) Accessory uses amd structures customarily associated with the ';: uses permitted in this section. Caretaker's residence, subject to rights of Zoning Ordinance in effect at the time. 6.02.02 INTERCHANGE COMMERCIAL Collier County is a unique ¢~,~,,'~nity and the land uses surrounding the interstate should reflect this. These uses should exemplify the quality of life which Collier County residents have come to enjoy and expect. The intent of these areas is to satisfy the ne,ds of the traveling public, being those persons using the interstate-and this interchange and not Just interstate travelers. Recognizing this interchange.as a terminus for some travelers on the interstate and the unique nature of Collier County, interpretations of compatible uses in these areas shall be liberal in an attempt to effectuate the purposes set forth for the benefit of Collier County and the traveling public. 'A) Permitted Principal Uses and Structures 1) Banks and financial institutions. 2) Cc~nercial recreation -- indoors. 3) Food markets. 4) Offices -- general and professional. 5) 6) Motels and hotels. Restaurants and food service, including drive-in or fast food restaurants. 7) Automobile service stations with repairs; vehicle rentals. 8) Any other use which the ;~ministrator determines to be co~tible in the district. 9 ) Car wash.. C) Permitted Accessory Uses and'Structures 1) Accessory uses and structures customarily associated with the uses permitted in this section. -- 6-3 6.03 2) Ca~taker's ~sidence, subject to rights of Zoning Ordinanc~ in effect at the time. PROPERTY DEVELOPMENT REGULATIONS 6.03.01 FRACTIONALIZATIGN Prior to fractionalization or develol~ent 'of any com~ercial tract, a general site plan shall be approved as follows: A written request for site plan approval shall be submitted to the Administrator for approval or denial. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the intent and purpose of this document. Such material shall include the following, where applicable: A) Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, offstreet parking and offstreet loading areas, yards and other open spaces. B) Plans showing proposed locations for utilities hook-up. C) Plans for screening and buffering. D) Plans for proposed signs and lighting. In the case of cjustered buildings and/or zero lot line with common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved under this section. F) If approval or denial is not issued within ten (10) working days of submission, the submission shall be considered automatically approved. 6.03.02 GENERAL: All yards, setbacks, etc., shall be applied in relation to the individual parcel boundaries. 6.03.03 MINIMUM'SETBACKS FROM PARCEL · BGUNDARI ~: One-half of principal building height with a mini~ of: 25 feet plus 1 foot for each 2 feet of building height over 50 feet. Distance between any t~) (2) principal structures -- Ten (10) feet or 1/2 the sum of their heights, whichever is greater, except that in the case of cjustered buildings with a common architectural theme these distances may be less provided that a site plan is approved in accordance with Section 2.05. 6-4 6.03.04 6.03.05 6.03.06 6.03.07 A) c) 6.03.08 6.03.09 Principal commercial buildings shall tm ~tback a minimum of fifty (50) feet fr~m abutting residential districts. 'Ihe setback shall include a minimum of~a 25 foot landscaped buffer as approved by the Administrator. MINIMUM FIDOR AREA'OF ~RlqgCIPAL ST~UC1Tg~E: One thousand (1,000) squar~ feet per building on ground floor. MAXIMUM HEIGHT OF STRUCI'JRES: Office 100 Feet R~tail 45 Feet Interc ~hange Co~r~ercial 35 Feet SIGNS. AND MINIMUM OFF-STREET PARKING: As may--be permitt~ or requi~e~ by r .egulations. the applicable zon SPECIAL PROPERTY DEVESOPMI~T RBGULATIONS: Landscaping, buffer areas and supplementary district zoning regulations that may be applicable to certain uses above shall be adhered to unless in conflict with any of the intent or the provisions specified herein. Merchandise storage and display. Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. Open space requirements' will be as contained in the Zoning Ordinance in effect at the time. MINIMUM LANDSCAPE RBQUIREMENTS The project shall comply with the Collier County landscape ordinance in effect at the time a permit is requested or required. Commercial development shall not exceed 460,000 square feet of cc~,,z,~ r rial space. 7.01 7.02 ' GOLF The purpose of this Sectlo.n ts to set forth the regulations for the areas designated on Exhibit H, M~.ster Development Plan, as Golf Course. PERMrri~u US~E~ AND '~ : NO building or structure, 'or part thereof, shall ~ 'erected, altered, or used, or land or water used, in whole or in part, for other than the following ~ A) Permitted Principal Uses and Structures Golf Course B) Permitted Accessory Uses and Structures 1) Clubhouses, pro-shop, practice driving range and other customary accessory uses of golf courses, or other recreational facilities. 2) Small co,~a~rcial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course or other permitted recreational facilities, subject to the visions of the applicable supplementary regulations of the Zoning Ordinance. 3) Shuffleboard courts, tennis courts, swinming pools, and other types of facilities intended for outdoor recreation. 4) Boads, pathways, accessory uses and structures customarily associated with the permitted use, including but rot limited to utility structures, water management facilities, etc. 5) A maxinum of two (2) residential units in conjunction with the operation of the golf course as determined to be compatible with the adjacent zoning as determined by the Administrator. ¢) Plan Approval Requirements A site plan of the golf course shall be submitted in accordance with Section 2.05 of this doct~nent. The perimeter boundaries of such plans shall be recorded in the s~ne manner as a subdivision plat. 7-1 PBOPEI~f 7.03.01 ~C,~neral · l~aClU i re~ents = A) Overall site design shall be harm~iou$ in terms oK soaping, enclosure o.~ struc~cures, location oE access andarea..s.Parki~g areas'and location and trea~nen~ ol Buildings aha11 be set back a mlnhu=n oE fllty (50) feet fr~m abutting residential dis~ricts ar~ ~he setback area shall be al~rlataly landscaped an~ main~air~ to a¢~ aa a buffer m. I~o parking will be allow~l in the buffer. 7.03.02 ~Max ~ · H_e_tqht 'of 'Structures Three (3) stories over'l~rking. 7-2 ,,,; 0207o 29 '~ 8.01 8.02 ~e ~ o~ ~ts ~t~ ts ~ se~ for~ ~e ~latt~s for the a~ dostg~ ~ E~tbtt A, ~s~er ~l~n~ Pi~, ~t o~e~tse ~e~. ~ ~ildi~ ~ st or ~ ~e~, shell ~ em~, al~, ~ in ~le or 'f~ o~er ~ ~e used, or Isnd or wa=er' used, following: A) in part, B) C) Permitted Principal'Uses'and'Structures 5) 8) 9) lO) Parks, playgrounds and ga~e courts and fields. Biking, hiking, canoeing and nature trails. f)questrian paths. Nature preserves and wildlife sanctuaries. Outdoor bandstands and ampitheatres. Becreational shelters and rest~ facilities. Noads, pathways, accessory uses and structures custo~arily associated with the permitted use, including but not limited to utility structures, lakes, water management facilities, etc. Wildlife Management. Landscape nurseries and tree farms. Other compatible uses pursuant to 8.02(c). Permitted Accessory Uses a~d Structures 1) Accessory uses and structures customarily associated with prin- cipal uses permitted in this District. 2) Maintenance and storage areas and structures. Site Plan Approval'Requirement Site plans for the proposed uses which are deemed compatible with above uses by ;~nistrator and not permitted as principal uses shall be auk~dtted to the Director in accordance with Sectic~ 2.05. 8-1 8.03 A) Overall site design shall be hat~x~nious in retina of landscaping, en- closure of structures, location of access streets and l~arking areas and location and t~eatment of buffer areas. l~in¢ipal structures shall be set back a mininum oE fifty (50) feet ~c~ abutting ~esidential districts and ~e ~ a~a abel. ~ a~ ~ria~ly l~aca~ a~ ~in~i~ ~ act aa a-~ffe~ ~. ~ parki~ shall ~ all~ in ~e ~ area. 8-2 9.01 9.02 PU~I:~SE SSCTION IX GF~E~AL DEVELOPM~71' CON~ITM~V~S The purpose of this Section is to set forth the standards for develognent of the project. A) Energy B) c) 1) Construction shall cx~mply with applicable local and state energy codes o 2) Beasonable "good faith" efforts to utilize state-of-the-art energy conservation techniques shall be made where practically and economically feasible. Such techniques nmy include, but not be limited to the following~ a) structure orientation and features for passive solar design b) roof overhangs and other artificial shading devices c) trees, shrubs and other vegetation for natural shading of structures, parking lots, streets and other areas d) natural ventilation e) site design and landscaping utilizing native vegetation 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and w~lfare). Air Quality The developer shall comply with applicable codes and aPPly for requir- ed permits relative to air qua%ity. '1) The internal roadway system of the proposed project including any needed signals and other intersection improvements shall be constructed by the developer. 2) There will be sidewalks, walking paths and bicycle trails throughout the develo~nent. They will be located along all 9-I 3) 5) 6) 7) 8) major roadways. Although they are~ not required to be located on the side of all minor and secondary roads, they will serve all residential and conmc~n areas. The. sidewalks, walking paths and bicycle trails shall be addressed in a site plan review at the time of tract [ractionalization. Bike paths will be separate frc~ sidewalks along all major roadways. Bike paths shall meet the specifications and requirements of the subdivision regulations in effect at the time of development. Developer shall be required to provide intersection improvements at project access points to Oounty arterial and collector roadways. The improvements are to include signalization as warranted, turn lanes, arterial level street lighting, and other improvements deemed necessary by Collier County. Developer shall provide a fair-share contribution toward the capital oost of traffic signals at the intersection of Airport Road and Golden Gate Boulevard when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. Developer shall provide arterial level street lfghting at all project accesses along perimeter roadways, or shall annually reimburse the County for doing so. Developer shall impLx~ve at the time of connection with the internal road system, 4th Avenue SW and 5th Avenue NW between the project boundary and Logan Boulevard to County standards as set forth in the Subdi;ision Regulations. Developer shall provide a right-of-way oi~ 150 feet for the portion of Livingston Road within the project and a right-of-way of 75 feet fo~' the portion abutting the project. Developer shall pay its fair share towards the improvements on the following roadways~ a) Golden Gate Boulevard from US-41 to Airport Road; b) Golden Gate Boulevard from Airport Road to Isle of Capri c) Airport Road from David C. Brown Highway to Pine Ridge Road; d) Livingston Boad from David C. Brc~n Highway to Pine Ridge Road; e) Oaks Boulevard or Logan ~oulevard from David C. Brown Highway to Golden Gate ~oulevard (see note below); D) f) Logan Boulevard frc~ Golden Gate Boulevard to G~een B~ulevard ! g) Isle of Cauci ~oad (S.R. 951) from David C. Brown Highway to Green Boulevard ~ h) Pine Ridge Ro~d from 1-75 to Isle of Capri l) Pine Ridge ~oad fr(ml U.S..4] to Goodlette-Frank lqoad~ J) David C. Br(~vn Highway from U.S. 41 to S.R. 951. Note~ The obligation is to share in the cost of improving either Oaks Boulevard or Logan Boulevard (but not both) depending upon which roadway is later determined to become a ma~or collector. ' 9) The Developer shall also pay its fair share towards the improvements to the following intersections, to include signalization and turn lanes~ a) Pine R/dge and Airport Road; b) David C. Brown Highway and Oaks Boulevard; c) David C. Brown Highway and Airport Road; d) Pine Ridge Road and U.S. 41; e) Pine Ridge Noad and Livingston Road; f) David C. Brown Highway and Livingston Road. The Developer's fair share shall be determined by the percentage of level of scrvice "c" of the i~oroved segment contributed by the Vineyards project, based upon actual traffic counts at the time level of service "c" is exceeded. In the event an impact fee is adopted by Collier County, this fee may be substituted for the "fair share" specified. Payments previously made by the Developer shall be credited toward the impact fee. Wa t~er Management 1) Detailed site drainage plans shall be submitted to the Water Management Advisory Board for review on a phase basis, as outlined in the DRI. No construction permits ~l~b~ issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Water Management Advisory Board.. 2) Excavation permits will be required for the proposed lakes in accordance with Collier County Ordinance No. 80-26, as a~ended by Ordinance No. 83-3, and as may be amended in the future. 3) Developer shall be responsible for the following along its entire AirPort Boad .(CR 31) frontage in ooordination with proposed Airport Road improvement plans~. 10) 9-3 a) Construct necessary improvements to the borrow canal along the east side of Airport Road. Such construction to occur Then the portion of the Vineyards adjacent to Airport Road s (x)nstructed or in conJuncfion with the adjacent A/rport Road improvement project -- whichever occurs first. b) Preparation of necessary additional easements along the east side of the improved borrow canal to allow for construction of a travelway for use by t~e County's maintenance equipment. Such easement to be 20' wide and restricted against permanent structures; use of the easement for activities that will not interfere with occasional County maintenance will be allowed. c) Installation of properly sized culverts at proposed entrance road locations placed on the relocated canal centerline, at such time as driveways are installed. As part of the project's Phase I, the Developer shall oooperate with the County's Water Management Department in im~lementi..n~ the reco~mnendations of the "D-2 Canal Drainage System Study dated September, 1984, as follows~ a) Improvements to the D-2 Canal including water level control structures along and parallel to 1-75 from Pine Ridge Boad north to the proposed Golden Gate Boulevard: 1 ) Performing necessary field surveys and preparing detailed construction plans and specifications for use in the construction of the proposed canal improvements and water level control structures. 2) Providing County Staff with necessary legal descriptions for additional maintenance travelway easement along the east side of the improved D-2 Canal. Such easement to be 20' wide and restricted against permanent structures--use of the easement for activities that will not interfere with occasional &~o=nty maintenance will be allowed. Easements to be suhmittedwithin three months of Gounty Approval of canal improvements. 3) Submittal of necessary permits to appropriate agencies for the proposed canal improvements. Such applications to be submitted upon completion of the work set forth in 4) Preparation of an agreement between Developer and County to obligate Developer for 100% of the totalconstruction cost of the proposed canal improvements and water level control structures or to construct the referenced provements and control structure. 5) Performing' necessary field layout surveys during the construction phase of the proposed improvement projects and other assistance to County Staff as required by the County in its inspection of the proposed canal i~rove- ments and water level control structures. 9-4 5) Construction of proposed diversion canal presently contemplated along the north side of proposed Pine Ridge ~xtension east of 1-75z a) Provide sufficient easements within the project as may be necessary to construct proposed diversions in conjunction with road i~provement projects. The Pine Ridge diversion canal is not to be located im~ediately adjacent to the north of Pine Ridge Boad. It is to be located within the Vineyards project or south of Pine Ridge Boad. If it is to be located within the Vineyards Project, adequate easements will be provided. If it is to be located south of Pine Ridge Boad the construction of the control structure that would have been required had it been located within the project will be designed, constructed and installed by the the Developer. b) Construct or reconstruct off-site drainage swale along entire east boundary as may be necessary to protect properties in adjoining Golden Gate Estates area fro~ any flooding impacts that may be caused by this project. c) The Public Works Department requested that the Developer dedicate a 30 foot wide drainage easement along the north project property line (a/k/a south right-of-way line and section line of proposed Golden Gate Boulevard) between Airport-Pulling Road and 1-75 to help provide drainage design requirements.' Utilities 1) The develoDment shall be in substantial compliance with applicable laws and ordinances governing utility provisions and facilities. 2) 3) Telephone, power and television cable service shall be made available to the site. Central water distribution and sewage collection and transmis- sion systems will be constructed throughout the project development by the Developer pursuant to all current require- ments of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be dedicated to the County for (m~nership, operation and maintenance purposes. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of ~ struction of the water and sewer facilities within the project 9-5 4) 5) 6) 7) the facilities will be tested to insure they meet Collier County's minimum reguirements at which time they will be conveyed or transEerred to the County, when reguired by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time conveyance or transfer is requested, prior to being placed into service. 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. Ail 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 estab- lished rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility estab- lished to serve the project until the County's central water and/or sewer' facilties are available to serve the project. For interim utility systems, rates shall be as approved by the Florida Public Service System. It is anticipated that the County Utilities Division will ulti- mately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site treat- ment facilities and/or interim on-site s~wage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An Agreement shall be entered into between the County and the Owner, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that~ a) The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be con- structed to State and Federal standards and are to be owned, operated and maintained by the Owner, his assigns or 9-6 37- successors until Ruch time as the County's Central Water Facilities and/or Central Sewer Facilities are available to service the project.. The Florida Public Service Co~missi~ shall set the rates for providing processed water and/or sewage treatment to the project area on an interim basis until the County's central water and/or sewer facilities ars available to serve the project. b) Upon connection to the County's Central Water Facilities, and/or Central Sewer Facilities, the Owner, his assigns or successors shall abandon, 'dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be peformed at no cost to the County. c) Connection to the County's central Water and/or Sewer Facilities will be made by the Owners, their assigns or successors at no cost to the County within ninety (90) days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County central facilities, water and/or sewer lines necessary to make the connection(s), etc. d) At the time County central water and/or 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 Cotu~ty Ordinances and Regulations in effect at the time~ 1) All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits and those additional facilities required to make connection with the County's central water and/or sewer facilities; or 2) All water and sewer facilities required to connect the project to the County's central water and/or sewer facilities when the on-site water and/or sewer facilities are constructed on private property and required by the County to be located within utility 9-7 'l easements, including but not limited to the followings Main sewage lift station and force main interconnecting with the County central facilities including all utility easements necessary; ii. water distribution facilities from the point of connection with the County's central facilities to the master water ~eter serving the project, including all utility easements necessary. e) The customers served on an interim basis by the utility system constructed by the Owners shall be custc~ers of the County at the time ~hen County central 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 central water and/or sewer facilities the Owner, his assigns, or successors shall turn over to the County a complet, list of the customers served by the interim utilities system and shall not c~te with the County for the service of those customers. The Owners shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be resonsible for the water and/or sewer service billing for the project. f) A/1 construction plans and technical specifications related to connections to the County's Central Water and/or Sewer facilties will be submitted to the Utilities Division for review and approval prior to commencement-of construction. g) The Owners, their assigns or successors shall agree to pay all applicable system develo~x~ent 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 b"tlding permits will be required prior to the start of building construct ion. h) The County, at its option, may lease for operation and maintenance the water distribution and/or sewage collection and transmission system to the project owner or his assigns for the sm of $10.00 per year. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilties and/or the sewage collection, transmission and t~eatment facilities. The lease, if required, shall remain in effect until the County 8) 9) lO) 11) 12) can l:~ide water and/or sewer ~,:vi~ through its central 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 availability of sewage service, must be sukmitted and approved by the Utilities Division prior to approval of the construction documents for the project. Sutmit 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. If an interim on-site water supply, treatment and tran:~ission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. When the County has the ability to provide sewage treatment and disposal and/or water supply and distribution services, the Vineyards will be responsible to connect to these facilities at a point to be mutually agreed upon by the County and the Vineyards owner, with the Vineyards assuming all costs for the connectiom work to be performed. The project's owner(s), his assigns or successors shall negotiate in good faith with the County for the use of treated sewage effluent within the project limits, for irrigation purposes. The Owner would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DER, consistent with the volume of treated wastewater to be utilized. A water storage tank and repump site shall be provided by the Owner On-site of a size and location to be mutually agreeable to the County and the Vineyard's owner. It is understood that the vineyards will be required to install a water storage tank on-site if County water facilities are not available at the time develo[m~ent coc~nces. Should the County desire to oversize these facilities, in anticipation of future demands and growth when the County's water facilties are available to serve the project, the County shall negotiate a satisfactory method of reimbursement to the Developer for such oversizing. 9-9 F) G) _.Exceptions to County_'Subdivision_ Regulations 1) Article X, Section 19: Street name aigns ahall be approved by the County Engineer but need not meet U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement paintingt striping, and reflective edging requirements shall be subject to county engineer approval, but need not meet standard county guire~nts. Article XI, Section 17.F & G: Street right-of-way and cross- section for the road shall be as shown on Exhibit 3) Article XI, Section 17.H: The 1,000 feet maximum dead-end street length requirement shall be waived. 4) Article XI, Section 17.I: Back of curb radii at street inter- sections shall be a minimum of 30 feet. 5) Article XI, Section 17.K: The requirement for 100 feet tangent sections between reverse curves of streets will be waived on local roads, p~ovided that collector roads shall be built to County standards. 6) Article XI, Section 21: The requirement for blank utility cas- ings shall be subject to county engineering approval, but need not meet standard county requirements. 7) Article XI, section 10: Tne requirement for reference markers to be placed in water valve covers is waived. En~i_ronme_n ~a! S~t~ipulations 1) A site clearing plan shall be sutmttted to t~e Natural Resources Management Department and the Co~unity Development Division for their review and approval prior to any substantial work on the site. This plan may be sutmitted in phases to coincide with the develo[~ent schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained nativ~ vegetation to the maximum extent possible and how roads, build- ings, lakes, parking lots and other facilities have been oriented to a~te this goal. 2) Native species shall be utlized, where available, to the maxi~rum extent possible in the site landscaping design. A landscaping plan will be subnitted to the Natural Resources Management Department and the ~nity DeveloI~ent Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be at the re-creation of native 9-10 3) 4) 6) 7) vegetation and habitat characteristics lost on the site during construction or due to past activities. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from develotxaent areas, open space areas, and preserve areas. Following site develotz~ent, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control technique~ and inspection intervals, shall be filed ~ith and approved by the Natural Resources Management Department and the Community Develolm~ent Division. If, during the course of site clearing, excavat!on or other constructional activities, an archaeological or historical site, artifact or other indicator is discovered, all development at that location shall be i~nediately stop~ed and the Natural Resources Management Department notified. Develo[:ment will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. All reserve areas shall be flagged and surveyed prior to platting and construction. The historic hydro-period in the cypress head shall become the water elevation control for the lake where the cypress head is situated. Developer com~its to maintain and preserve to cypress head identified as Parcel 20 on Exhibit "A" as a preservation area in perpetuity. Developer will use its best efforts to maintain and enhance the cypress vegetation existent thereon and to prevent damage as a result of develo[m~ent of adjacent residential parcels. Developer futher con~its~ a) not to apply for~ seek or accept rezoning on said parcel; b) to restore, revegetate and otherwise mitigate any damage to the cypress head occurring while it has control of The Vineyards Project; c) that through deed restrictions or other legal mechanisms, ensure that the o~N~[tment set forth above run with the land and become an obligation on future owner(s)I and d) to coordinate with the Oounty Enviro~msntalist r~garding the advisability of preserving the understory in Parcel 20 and the removal of any exotic species. Miscellaneous 1) Access to the project shall be restricted to those access points shown on Exhibit "A" hereto, provided that the location of the accesses to ~rcial parcels shall be approved by the County Engineer. 2) Tract 60-R is designated as a county park site. In the event Tract 60-R is taken for us~ a~ an interchange fc£ 1-75 prior to the de,~lo~ment of Tract 54, or within seven (7) years, or prior to develo~nt of Tract 54, Applicant agrees to provide an alternative park site comparable in size in said development. Developer agrees to provide minor landscaping and make other minor improvements to Tract 60-R if it is utilized as a park site. Landscaping and improvements shall be accomplished when Golden Gate Boulevard or internal roads are completed providing access to the .Dark. 3) Developer has agreed to donate a site for a fire station not to exceed 1.25 acres. Tee site shell b~ located on Parcel 83, or as may otherwise be agreed between Developer and North Naples Fire Department. Developer shall consult with the North Naples Fire District and the Golden Gate Fire District to determine if a ,utual site can be agreed upon. If not, Developer agrees to donate a site to the Golden Gate Fire District of not more than one (1) acre in a location in the southereastern portion of the project to be determined by Developer. 9-12 R1 R2 vs CR R PS THE VINEYARDS OF NAPLES ~ae~'~se ~e.e!gnatton~ Single-Pamtly Residential Multi-Family Residential Village Square' Commercial - Retail Commercial - Interchange Recreatio~ and Open Space/Park Public Service TRACT 1 2 3 4 6 7 11 12 13 14 15 16 ' · .' - . Revised 3/14/85 'USE .... CIC CZC R CIC R1 R1 R1 R1 R1 R2 R1 R2 R1 R2 R2 R1 R1 ..... SI~E_IN ACRE~ 13.70 17.51 12.07 10.54 14.22 15.09 6.34 7.24 17.81 6.94 16.60 9.66 14.19 14.83 13.89 10.87 9.66 (continued...) TRACT 18 19 20 21 22 23 TH~ VINBYARD~ O~ NAPLES ~2 7.85 R2 6.62 R 10.26 9.2 13.52 R2 12.98 R2 6.64 24 9,2 7.55 25 9,1 13.28 26 9,1 9.06 27 9,1 12.98 28 RI 18.71 29 R1 24.45 30 R1 6.04 31 R1 12.67 32 R1 14.49 33 R2 10.14 34 9,1 9.66 35 R1 32.90 36 R1 20.53 37 R1 15.09 38 R2 7.05 39 R2 13.16 9,evised 3/14/85 (continued...) T~C_ T 4O 41 42 43 44 45 4~ 47 48 49 5O 51 52 53 54 55 55 57 58 6O (;2 Revised 3/14/8S TAB. LE' A TIIF, VINSYARDIi OP NAPLES 'USE ....... ; ' ' VS R2 RI R1 R1 R2 R2 R1 R2 R1 RI R1 RS R1 R1 R R1 R1 R2 R R R2 SIZE IN ACRES 4.47 16.06 11.47 17.51 7.49 12.32 9.78 13.64 10.75 15.09 12.98 12.68 . 11.71 10.28 27,0 12.07 20.39 20.34 21.13 29.78 14.5 10.70 8.75 (continued...) TRACT THR VINEYARDS OF NApr. Es __ _ us~_ ............ ,.sxzz.x~Ac_Rzs 63 R2 8.45 64 R2 6.02 65 R2 9.36 66 R2 4.83 67 R2 4 · 83 68 R2 8.69 69 R2 12.]3 70 R2 7.24 7] R1 3.86 72 R1 3.32 73 R2 5.37 74 RI ] 1 .65 75 R2 6.15 76 R] 7.55 77 R1 14.85 78 R1 8.57 79 RI ' 5.43 80 R1 16.56 8] CR 18.58 82 CR 5.42 83 PS 2. ] 0 84 R2 -- 3.33 Revised (continued...) ' .: ' TRACT 87 89 90 9] 92 93 94 95 96 97 98 99 100 101 102 Revised 3/14/85 TAELE'A THE VINEYARDS OF NAPLES · 'USE SIZE IN ACRES R2 R2 R1 R1 R2 R2 R2 R2 R2 R2 CR R2 R2 7.61 9.35 3.44 5.31 8.45 9.42 11.23 3.56 5.01 8.15 7.24 4.26 7.60 6.05 6.04 5.25 3.02 8.63 ~OOK r!~t " - ROADWAY TyPICALS 24' SECTION 1, N.T.S. SECTION 2 ' N.T.S. A. 12" STABJLIZED S.UB,GF/~cDE LB, FI 40 B. LIMEROCK BASE 8' SEC. I 6' SEC. 2 C.~r.~1-1/2i ASPHALTIC CONCRETE TYPE S OR S-1 D. SLOPE TO MEE'T EXIItTIN'G G'R'AOE E.s SIDEWALK - 6' WIDE '~ MEANDE~RI#4) ~J. IO. Jd.M,&HT 4. ~. I°' A,,". F~e. ~.[,c... 2. EXHIBIT "B' May 7, 1985 • DEVELOPMENT ORDER 85— 2 l •i•1 600K Os I0-.1 DEVELOPMENT ORDER OF THE BOARD .� OF COUNTY COMMISSIONERS OF • COLLIER COUNTY, FLORIDA FOR THE , VINEYARDS PLANNED UNIT DEVELOP— MENT LOCATED IN SECTION 1, t TOWNSHIP 49 SOUTH, RANGE 25 EAST: AND SECTIONS 5, 6 AND 8, TOWNSHIP 49 SOUTH, RANCE 26 • EAST, COLLIER COUNTY, FLORIDA: WHEREAS, the Applicant, Jimmy Adkins, Agent for The Vineyards, filed on February 16, 1984 with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) '• known as The Vineyards Planned Unit Development in accordance with a" Section 380.06(6), Florida Statutes; and • WHEREAS, Jimmy Adkins has obtained all necessary approvals and ��• conditional approvals from the various Collier County agencies, depart— ments, and boards required as a condition to Planned Unit Development (PUD) zoning and DRI approval; and ti • WHEREAS, the Board of County Commissioners as the governing body of the unincorporated area of Collier County hs"ing jurisdiction pursuant to ' Chapter 380.06 is authorized and empowered to consider Applications for Development Approval for Developments of Regional Impact, and WHEREAS, the public notice requirements of Chapter 380 and the Collier County Zoning Ordinance have been satisfied; and ' WHEREAS, the Coastal Area Planning Commission has reviewed and M ,. considered the report and recommendation of the Southwest Florida • Regional Planning Council (SWFRPC) and held a public hearing on the ADA • ' on April 18. 1985; and WHEREAS, the Board of County Commissioners has passed Ordinance • 85-1r which rezoned the subject property to PUD; and ' .�� WHEREAS, The Vineyards application for development approval 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, toes not constitute a waiver of any powers or rights regarding - the issuance of other development permits by the County or State; and • WHEREAS, on May 7, 1985, the Board of County Commissioners, at an open public hearing in accordance with Ccction 380,O6, Florida • — Statutes, considered the report and recommendations of the SWFRPC, the • • • I e ...._..v) is.'1M"s�..ry.^—ti:a.a4rr't?�_"` y .. .. .. '_� i). ._ .yt• . ._. r May 7, 1985 certified record of the documentary and oral evidence presented to the +" Coastal Area Planning Commission, the report and recommendations of the ;.' :" y • a ' Coastal Area Planning Commission, the application for Development of !•i Regional Impact submitted by Jimmy Adkins, Agent, and the comments upon the record made to this Board of County Commissioners at said meeting. " . `r' f NOW, THEP.EFORE BE IT RESOLVED by the Board of County Commissioners, (( ' 'C Collier County, Florida, in a meeting assembled this 7th day of May , i' 1985; and after full consideration of the reports, recommendations and testimony, the Board of County Commissioners hereby finds and determines: • 1�i .k• Section 1. That this Resolution shall constitute the Development {I' Order for Collier County issued in response to the ADA filed by Jimmy _;• . Adkins for development of a Planned Unit Development for 3071 single , .• family and 3907 multi-family for a total of 6978 dwelling units, 1924.5 acres with 71.00 acres of commercial, a 2.70 acre school site, a 4.47 acre village square and recreatio-, and open space as well as Development of Regional Impact. The scope of development to he permitted pursuant to 6 this Order includes operations described in the ADA and the supporting documents which by reference are made a part hereof as composite Exhibit B. Section 2. That Board of County Commissioners, having received the • • above-referenced documents, and having received all related comments, testimony and evidence submitted by each party and members of the general public, finds there is substantial competent evidence to support the following findings of fact: • A. That the real property which is the oubject of the ADA is 'e legally described as set forth in Exhibit A, The Vineyards PUD document, attached hereto and by reference made a part thereof. •. B. The application is in accordance with Section 38O.O6(2b) 4. Florida Statutes. C. The applicant submitted to the County an ADA and sufficiency response 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. '`--'- D. The applicant proposes the development of The Vineyards Planned Unit Development for 6,978 dwelling units, 1925.4 acres, and associated with commercial, school site and recreation and open space. ---- tieek 087(7, 58 May 7, 1985 — r r'. ) 'c t tca 037FA 1 57 ., E. The Development is consistent with the report and recommends— .1.. tions of the SWFRPC. F. The development will not unreasonably interfere with the ' ; '- achievement of the objectives of the adopted State Land Devel— opment Plan applicable to the area. G. A comprehensive review of the impact generated by the develop— .,. ment has been conducted by the County's departments and in. +.. SWFRPC. ` r H. The development is not in an area designated an area of critical Loncern pursuant to the provisions of Section 380.06, ✓ Florida Statutes, as amended. • I. The development is consistent with the land development regu— lations of Collier County. Section 3. That the Board of County Commissioners having made the above findings of fact, reaches the following conclusions of law: • �, A. That these proceedings have been duly conducted pursuant to applicable law and regulations, and based upon the record in this proceeding, the Developer and the various departments of• ��' the County are authorized to conduct development as described herein, subject to the conditions, restrictions and limitations set forth herein. ' B. That the review by the County, the SWFRPC and other partici— " prating agencies and interested citizens reveals that impacts are adequately addressed q y pursuant to the requirements of o Chapter 380, within the terms and conditions of this Order and the ADA. y 64, Stetion 4. This Board of County Commissioners finds that the • applicant has adequately addressed and satisfied those conditions set 40 forth by the SWFRPC in said Board's "conditional approval" of the ADA, or • agreed to the modifications approved by the Board and to any additional condilluua, restrictions and limitations act forth by the C^--'--4on a follows: A. Substantial Deviations: Retriggering of Development of Regional Impact Process. Further review pursuant to Chapter ' • 380.06, may be required it a substantial uuvi..iw., ' r?z in Chapter 380.06, occurs. The applicant shall be given due notice of, and an opportunity to be heard at any ht:ring to fir' � '.M , ••'• May 7, 1985 determine whether or not a propoaed change to the development �`. • is a substantial deviation. Substantial deviation may occur by • failure to comply with the conditions herein, failure to follow the plane end specifications submitted in the ADA and supple— mentary information, or by activities which are not commenced • until after the capitation of the porio;' of the wF°^^�{•!_..___ of the Order. ,ev' B. The Applicant shall submit an annual report in accordance with • Section 380.06(16), on the Development of Regional Impact to the County, the SWFRPC, the State Land Planning Agency, and other agencies as may he appropriate, by n.a.mb.r 11 of slap year until and including much time as all terms and conditions , of this Order arc satisfied. Such report shall be submitted to • the Collier County Community Development Administrator who shall, after appropriate review, submit it for review by the Board of County Commissioners. The Board of County Commie- - • stoners shall review the report for compliance with the terms - and conditions of this Order ar..! may issue further orders and conditions to insure compliance with the terms and conditions , of this Order. The applicant shall be notified of any Board of County Commissioner hearing wherein such report is to be reviewed, provided however, that receipt and review by the •• Board of County Commissioners shall not be considered a sub- stitute or a waiver of any terms or conditions of this Order. . ,, The annual report shall contain: • 1. The SWFRPC's monitoring forms as may be required; 2. A description of all development activity conducted pursuant to this Order during the year immediately pre- ceding the suhmisaion of the annus. report; 3. A description of all development activities proposed to be • conducted under the terms of this Order for the year immediately subsequent to the submission of the annual reports; • 4. A statement listing anticipated applications for develop • - 'sent permits, required pursuant to applicable regulations which the applicant proposes to submit during the year Immediately following submittal of the annual report; UM 087111 58 �.' . • SODK 087rA 59 May 7, 1985 5. A statement setting forth the name(s) and address(es) of any heir, assignee or succesoor in interest to the • applicant in its capacity as develnpe: of The Vineyards Planned Unit Development. 6. A statement that all persons have received copies of the annual report. as required under Chapter 380.06(17). It is the intent herein, that the foregoing requirements for + submittal of the annual report shall be in addition to and not in lieu of Any submittal requirements for an annual report as • promulgated by the State Land Planning Agency or the Southwest Florida Regional Planning Council. 1 ' C. Southwest Florida Regional Planning Council's Recommendations as follows: - i r • IT IS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL THAT THE PROPOSED PROJECT BE APPROVED SUBJECT , TO THE FOLLOWING CONDITIONS: 1. DRAINAGE/WATER QUALITY: The applicant has proposed a • drainage system that, with minor modifications and more • extensive water quality control measures in intensive W.„0. use areas, should control regional water quantity and quality impacts to Naples Bay. Recommendations: a. The drainage system for the Vineyards project shall • ` implement the design standards and water quality "best management practices" outlined In the Applies- . tion for Development Approval, response to Question 22, Drainage, and in the sufficiency responses. b. An on-going maintenance and monitoring program that ensures regular inspecrinn. maintenance and sampling of the stormwater drainage system shall be imple- mented by the applicant, or his successors. through- out the project life-time. c. The drainage system for the "Vineyards" project shall « be modified to provide for greater detention capacity and for more extensive water quality "Best Managem.it 4 • Practices" in high intensity use drainage basins (greater than 40% impervious surface) as required by the South Florida Water Manakeient District._ IY1 May 7, 1985 2, ENERGY: The proposed project would be an all electric n , development and would increase the energy demands of the r Region. The applicant has committed in the ADA to provide a variety of energy conservation measures to reduce the impact of that increased energy demand. Recommendations: The following energy conservation d features shall be incorporated into the final site plans .. and architecture for the Vineyards or be implemented through appropriate deed restrictions and covenants in .% order to mitigate further the energy impacts of the .` �, proposed project. a. Provision of bicycle/pedestrian system connecting all ik' land uses, to be placed along all arterial, col- lector, and local roads within the project. Thin `. system is to be consistent with Collier County y ' requirements. _• b. Provision of bicycle racks or storage facilities in recreational, commercial and multi-family residential , areas. c. Cooperation in the locating of bus stops, shelters • and other passenger and system accommodations when a trensit system is developed to serve the project p area. d. Use of energy-efficient features in window design • (e.g., shading and tinting). e. Use of operable windows and ceiling fans. f. Installation of energy-efficient appliances and r, • equipment. g. Prohibition of deed rcatriction■ or covenants that • i would prevent or unnecessarily hamper energy con- • •, servation efforts (e.g., building orientation, '. clotheslines, and solar water heating systema). ~�• • h. Reduced coverage by asphalt. concrete, rock and • • • similar substances in streets, parking lots and other • areas to reduce local air temperatures and reflected light and heat. � • int 087ra<< 6 '," May 7, 1985 ems•i �• 600x OS7ra7. lel i. Installation of enaray-efficient lighting for streets, parking Areas and other interior and ex- a, terior public areas. j. Use of water closets with a maximum flush of 3.5 • •1 gallons and shower heads and faucets with a maximum ,+ flow rate of 3.0 gallons per minute (at 60 pounds of t �I pressure per square inch) as specified in the Water t Conservation Act, Chapter 553.14, F.S. k. Selection of native plants, trees and other vegeta- tion and landscape design features that reduce requirements for water, fertilizer, maintenance and w other needs. • 1. Planting of native shade trees to provide reasonable shade for structures, streets and parking areas. m. Placement of trees to provide needed shaded in the • warmer months while not overly reducing the benefits of sunlight in the cooler months. (Shade in the summer should receive primary consideration.) • n. Planting of native shade trees for each residential unit. o. Orientation of structures, as possible, to reduce • solar heat gain by walls and to utilize natural ti+"i.. cooling effects of the wind. p. Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. ^; q. Inclusion of porch/patio areas in residential unite. r. Consideration by the project architectural review •;'4 . � f committee(a) of energy conservation measures (both _ r,•__ those noted here and others) to assist builders and residents in their efforts to achieve greater energy e efficiency in the development. • 3. HURRICANE. F-VACUATIONI (Refer to Appendix I, Section C of the ADA). The potential for on—site public use areas to serve as areawide hurricane evacuation shelters would provide a regional benefit. 7 May 7, 1985 Recommendations: a. The applicant shall use a minimum floor elevation • as required by County Codes, SFWMD, or Federal Flood Insurance Maps, whichever is greater. b. The applicant shall meet with the Collier County . Disaster Preparedness officials to discuss the potential use of the public use areas (schuul aitca and commercial property) for storm shelter purposes. 4. TRANSPORTATION: Traffic generated by the Vineyards project, when combined with other growth in the area, will "r necessitate substantial roadway improvements, if level of N • service "C" conditions are to be achieved. The developer . . has com"itted to the improvements outlined in • Section 4.D.1. L�.. .. • 4 v'.. a). Commitment to construct the proportional share improvements outlined in Section 4.D.1 shall be made at the time that a road segment/intersection is found to exceed level-of-service "C". Service level determination shall be made by either the Collier , County Engineering Department or FDOT. To this and, the applicant shall submit an annual monitoring report to the Collier County Engineering Department, y the Collier County/Naples MPO, FDOT, and the South- • west Florida Regional Planning Council for review. + The first monitoring report shall be submitted at the time of the issuance of the first cert!ficates of • occupancy for the Vineyards. Reports shall be r '• submitted annually until buildout of the project. This report shall contain traffic counts taken at the access points to the site and turning movements to ,s. the following intersections; * -"^--- •t— 1) Pine Ridge Road and Airport Road, . 2) David C. Brown Highway and Oaks Boulevard 3) David C. Brown Highway and Airport Road " L, • 4) Pine Ridge Road and US 41 5) Pine Ridge Road and Livingston Road, and 6) David C. Brown Highway and Livingston Road. BOOK OPE! 82 ' • 1.0 May 7+ 1985 . ., ALTERNATIVES ^�, 600K 087r r 63 a. Impact Fe'e and/or Assessment If Collier County adopts an Impact Fee and/or Assessment for the improvements depicted in b and c, above, prior to project completion, this fee or --- � assessment may be substituted. Payments already �. made by the applicant for these improvements may be credited toward the overall fee. b. Other Alternatives ' ; y It is understood that the specific conditions listed `__. .,_.. . above require commitments for payment from the 4- -•;� t' developer and implicit commitments for construction from local and state agencies. In some canoe, the . improvements may not result even with applicant commitments because of the lack of commitment by x a. r , • state agencies. Therefore, Collier County is allowed to provide alternatives to the above conditions when ,, • the alternatives mitigate regional roadway impacts. Should this alternative be pursued, Collier County is .' • requested to solicit Council review of the alterna- l^ • • tives prior to the Development Order being adopted. ,•.•� 5. WATER SUPPLY: (Refer to Appendix I, Section E) �.. There may be impacts on the public water supply of the 1 project as a result of the location of a closed landfill and the migration of higher chloride water in response to on-site pumping. Additionally, there should be greater ' use of surface water, rather than groundwater, to supple- . a :• ment the treated effluent available for nonpoteble water •• 4 demands. Recommendations: 4 .. a. The applicant shall incorporate the use of water- -.._._._....___' conserving pumping devices, as required by state law (Chapter :53.14, F.S.). b. The applicant shall monitor on-site water withdrawals 1 to document that such withdrawals will not adversely affect on-site and adjacent wetlands and adjacent water users. . .. • 9 • "'IP" Q ALMA& Baa'' •,5.1 yam+-,�\. May 7, 1985 c. The applicant shall monitor on-site water withdrawals to determine what impacts the proposed withdrawals • may cause involving the landfill and whether cr not ►"- '� "�``"' the higher chloride wst.er located to the northeast of the project will migrate towards the potable water wellfield in response to pumpage. d. The applicant shall consider the use of surface water, rather than groundwater, to supplement the use of treated affluent in meeting nonpotable • demands. 6. GENERAL CONSIDERATIONS: •,• In the ADA for Vineyards, numerous commitments were made by the Applicant to mitigate the project impacts. Many but not all of these commitments were listed in this v' staff assessment. Recommendations: _ v a. All commitments and impact-mitigating actions pro- - vided by the applicant within the Applicationa 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 -• s- development of regional impact to Collier County, the Southwest Florida Regional Planning Council, the Department of Community Affairs and all affected permit agencies as required in Chapter 380.06(16), Florida Statutes. D. Commitments specified in the PUD Ordinance as set forth in •,•ri,• , Exhibit A attached hereto and by reference made a part thereof and as follows: 1. TFANSPORTATION: a. The internal roadway system of the proposed project including any needed signals and other intersection improvements shell be constructed by ..d ,. •.eloper. b. There will be sidewalks, walking paths and bicycle trails throughout the development. They will be ' IDOX 087r, 84 ' � . , ,. w �a n,.•�,, ltr` 1. May 7, 1985 heated along all major roadways. Although they re •` • 0 � �+� not required to be located in the side of all minor O BOOK0Pk l U and secondary roads, they will serve all residential and common areas. The sidewalks, walking paths and , ;,i bicycle trails shall be addressed in a site plan -~ review at the time of tract fractionalization. Bike .. . paths will be separate from sidewalks along all ,p,•, major roadways. Bike paths shall meet the epecifi— •' cations and requirements of the subdivision regula— tions in effect at the time of development. ' • c. Developer shall be required to provide intersection .. '+ ` improvements at project access points to County 1 r ' arterial end collector roadways. The improvements i ' •• ' are to include signalization as warranted, turn �' ' lanes, arterial level street lighting, and other , , � '+ improvements deemed necessary by Collier County. ,a y d. Developer shell provide a fair-share contribution toward the capital cost of traffic signals at the , • p,. • intersection of Airport Road and Golden Gate Boule— . .' yard when deemed warranted by the County Engineer. ' The signals shall be owned, operated and maintained • r ' by Collier County. M ' • 3 a e. Developer shell provide arterial level street lighting at all project accesses along perimeter roadways, or shall annually reimburse the County for � ` . ' doing so. ' f. Developer shall improve atthe time of connection • with the internal road system, 4th Avenue SW and 5th ":11 Avenue NW between the project boundary and Logan .. Boulevard to County standards as set forth in the , � ���h Subdivision Regulations. e 11'�1';► g. Developer shall provide a right—of—way of 150 feet ' for the portion of Livingston Road within the project and a right—of—way of 75 feet for the portion abuitiub qui piojac•. 'ILooywopwo....rwswoimmwo.o0...4...r.4.... w h. Developer shall pay its fair shore tovarcr tht jr improvements on the following roadways: irirlO 11 Crfn , • May 7, 1985 ;"•v t a '• 1) Golden Gate Boulevard from US-41 to Airport r two "5 i ;i' .. k M� i '4 r 4 �A • ' a,. Road; .',.1•••••„•?., t 2) Golden Cate Boulevard from Airport Road to Isla of Capri Road; `r ► 3) Airport Road from David C. Brown Highway to Pine Ridge Road; 4) Livingston Road from David C. Brown Highway to . Pine Ridge Road; 5) Oaks Boulevard or Logan Boulevard from David C. ----- ~ Brown Highway to Golden Gate Boulevard (see note below); 0. 6) Logan Boulevard from Golden Gate Boulevard to Green Boulevard; • 7) Isla of Capri Road (S.R. 951) from David C. Brown Highway to Green Boulevard; 8) Pine Ridge Road from I-75 to Isle of Capri Road; _ "_�i •, • 9) Pin• Ridge Road from US-41 to Coodlette-Frank Road; • 10) David C. Brown Highway from US-41 to SR-951. NOTE: The obligation is to share in the cost of improving either Oaks Boulevard or Logan Boulevard I' • is (but not both) depending upon which roadway is later determined to become a major collector. • • i. The Developer shall also pay its fair share towards the +' improvements to the following intersections, to include signalization and turn lanes: 1) Pine Ridge and Airport Roei; 2) David C. Brown Highway and Oaks Boulevard; 3) David C. Brown Highway and Airport Road; •, 4) Pine Ridge Road And US-41; 5) Pine Ridge Road and Livingston Road; 6) David C. Brown Highway and Livingston Road. j. The Developer's fair share shall be determined by the percentage of level of service "c" of the improved segment contributions by the Vineyards project, based uopn a__la: traffic counts at the time level of service "c" is ex- . seeded. ;01K 87.1'1 68 • J J • f: i 10 , °. /*K Yr,l4.**,,i' .'0.;►411'tzk !4•;r:ir>'; F,.,c:ua,4.4V4,'rur't:;Ve*A l ;4'Slt, .r‘, >, •. Mity 7, 1985 r k. In the event an impact fee is adopted by Collier County, ' • 6001( O87FA" 6 this fee may be substituted far the "fair share" opeci- • G: ' fied. Payments previously made by the Developer shall be credited toward the impact fee. 2. WATER MANAGEMENT: . . e a) Deteil•d site drainage plans shall be submitted to the Water Mnnng m•nt Advisory Board for review on a • • • • phase by phase basis, as outlined in the DRI. No • construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Water Management Advisory Board. b) Excavation permits will be required for the proposed • « lakes in accordance with Collier County Ordinance » • A No. 80-26, as amended by Ordinance No. 83-3, and ,4 as may be amended in the future.• c) Developer shall be responsible for the following along its entire Airport Road (CR 31) frontage in . - e coordination with proposed Airport Road improvement • plans: 1) Construct necessary improvements to the borrow canal along the east side of Airport Road. Such '' r• construction to occur when the portion of the Vineyards adjacent to Airport Road is construe- ted or in conjunction with the adjacent Airport• •1 % • Road improvesent project -- whichever occurs i ` • `'' .. first. 4.14 • - 2) Preparation of necessary additional easements _` song the east side of the improved borrow 1 . canal to allow for construction of a travelway for use by the County's maintenance equipment. Such easement to be 20' wide and restricted against permanent structures; use of the ease- • ment for activities that will n.,t interfere with occasional County Maintenance will be • allowed. • WNW _ 13 o !.. --- ' y,' _ � :,1J►� ,. ,- . .":;F fir: - May 7, 1985 •rfz ;, ,.i Yu it • Gl 3) Installation of properly sized culverts at •t:P ; .; y` proposed entrance road locations placed on the relocated canal centerline, at such time as driveways are installed. d. As part of the project's Phase I, the Developer 4. shall cooperate with the County's Water Management Department in implementing the recommendations of the "D-2" Canal Drainage System Study" dated Sep- timber, 1984, as follows: 1) Improvements to the D-2 Canal including water level control structures along and parallel to • ,•* 1-75 from Pine Ridge Road north to the proposed Golden Gate Soulevardt a) Performing necessary field surveys and preparing detailed construction plans and specifications for use in the construction of the proposed canal improvements and water level control structures. b) Providing County Staff with necessary legal deecriptionn for additional maintei- ance travelway easement along the east side "' •• of the improved D-2 Canal. Such easement to be 20' wide and restricted against perma- «-�- • nent structures -- use of the easement for activities that will not interfere with occasional County maintenance will be -1 allowed. Eaesoente to be submitted within his three months of County Approval of canal improvem ,.. c) Submittal of necessary permits to appro- priatc agencies for the proposed canal • improvements. Such applications to be submitted upon completion of the work ,, • • • 4't' ' set forth in 4 d(1)(b). d) Preparation of an agreement navel- oper and County to obligate Developer for 100% of total construction cost of the BOOK O87rri f8' .- T • • , • ,r. i •'" �' . Vii., May 7, 1985 pp proposed canal improvements and water BOOK 087PAr•C 69 level control structures or to construct .• ` the referenced improvements and control p' structure. e) Performing necessary field layout surveys during the construction phase of the proposed improvement projects and other assistance to County Staff as required by the County in its inspection of the pro— posed canal improvements and water level V ''. control structures. r. f) Construction of proposed diversion canal 'r _ r . . •'' presently contemplated along the north .. — side of proposed Pine Ridge Extension east of I-75: i) Provide sufficient easements within ' the project as may be necessary to , construct propt.Jed diversions in "' ,�' conjunction with road improvement ' projects. The Pine Ridge diversion • canal is not to be located immediately adjacent to the north of Pine Ridge Road. It is to be located within the Vineyards project or south of Pine , Ridge Road. If it is to be located �' • within the Vineyards Project. adequate +h* l�, easements will be provided. If it is to be located south of Pine Ridge Road Vi ' • the construction of the control structure that would have been re—• quired had it been located within the project will be designed, constructed : and installed by the Developer. ii) Construct or reconstruct off—site V drainage cwale along entire east boundary as may be necesenry to ' protect properties in adjoining Golden 15 , gwMillfrn "i"r'r' May 7, 1985 _ ' , Gate Estates area from any flooding impacts that may be caused by this project. iii) The Public Works Department requires that the Developer dedicate a 30 foot wide drainage (tanement along the north project property line (a/k/a south right-of-way line and section r line of proposed Golden Gate Boule- vard) between Airport-Pulling Road and 1-75 to help provide dreinnge design requirements. 3. Utilities: •. . a) The development shall be in substantial compliance •� 0 with applicable laws and ordinances governing utility � • ¢ . ' provisions and facilities, b) Telephone, power and television cable service shall be made evailnble to the site. c) Central water distribution and sewage collection and transmission systems will be constructed throughout the project development by the Developer pursuant to t, all current requirements of Collier Co•inty and the ' State of Florida. Water and sewer facilities con- • strutted within platted .ights-of-way or within utility easements required by the County shall be dedicated to the County for ownership, operation and maintenance purposes. All water and sewer facilities constructed on private property and not required by _ the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon compli- y` '~ " tion of construction of water and sewer facilities within the proji_t the facilities will be tested to " insure they meet Collier County's minimum require- - ments at which time they will be conveyed or !rine- (erred to the Coanty, when required by the Utilities a • Division, pursuant to appropriate County Ordinances • 16 - __ •.1 a .1-r. • • May 7, 1985 . i; and Regulations in effect at the time conveyance or 600K O8 / Peer. 71 transfer is requested, prior to being placed into service. d) All construction plane and technical specifications ' and proposed plats, if applicable, for the proposed ' . ti • water distribution and sewage collection and trans- • ,.. mission facilities must be reviewed and approved by the Utilities Division prior to commencement of " construction. s) All customer, connecting to the water distribution i and sewage collection facilities will be customers • of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer services to the project, the + water and/or sewer customers shall he customers of ' I.. the interim utility established to serve the project • until the County's central water and/nr sewer facil- ,• Sties are available to serve the project. For interim utility systems, a review of the proposed • rates end subsequent approval by the Board of County �. Commissioners must be completed prior to ac.ivation M of the water and sewer facilities and servicing the project. Rate reviews must be in full compliance• t► ' with County Ordinance No. 76-71 and 83-18 as amended, • revised or superseded. f) It is anticipated that the Ccunty Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the - - sewage generated by this project. Should the County �.. . system not be in position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer. at • his expense, will install and operate interim water supply and on-site treatment facilities t..0/L interim on-site sewage treatment and disposal facili- ties adequate to meet all requirements of the appro- • • ,.mp. priate regulatory agencies. ' May 7, 1985 — +• `, • g) An Agreement shall be entered into between the County and the Owner, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating than 1) The proposed water supply and on-site treatment • facilities and/or on-site wastewater treatment and disposal facilities, if required, ars 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 Amer, his assigns or successors until such time , ' • as the County's Central Water Facilities and/or Central Sewer Facilities are available to service the project. Prior to placing the water z treatment, supply and distribution and/or sewage collection, transmission and treatment facili— w ties into service, the Developer shall .,ubmit to the Collier County (Utility Rata and Regulation Board) for their review and approval, a schedule • of the rates to be charged for providing pro— ceased water and/or sewage treatment to the • project area on an interim basis until the •• County's central water and/or sewer facilities are available to serve the project. 2) Upon connection to the County's Central Water Facilities, and/or Central Sewer Facilities, the Owner, his assigns or successors shall abandon, dismantle and remove from the site the interim water end/or sewage treatment facility • and discontinue use of the water'aupply source, • if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. 3) Connection to the County's Central Water and/or Sewer Facilities will be made by the Owners. 18 _ • May 7, 1985 their assigns or successors at no cost to tha pp 600x 087FA',r 73 g County within ninety (90) days after such { , facilities become available. The coat of connection shall include, but not be limited ,; to, all engineering design and preparation of construction documents, permitting, modification or rofltting of sewage pumping facilities interconnection with County central facilities, water and/or sewer lines necessary to make the A ) connections, etc. 4) At the time County central water and/or sewer -' x444 • facilities are available for the project to ,a I' • w... connect with, the following water and/or sewer facilities shall be conveyed to the County i+ Y • 1 pursuant to appropriate County Ordinances and Regulations in effect at the time: tit a) All water and/or sewer facilities con- structed in publicly owned right-of-way or within utility easements required by the County within the project limits and those additional facilities required to • •' ' make connection with the County's central • water and/or sewer facilities; or b) All water and sewer facilities required to • connect the project to the County's central 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, in':"'ing but • not limited to the following: i. Main sewage lift station and force • main interconnecting with the County • central facilities including all utility easements necessary; X�19 4Mill • �.r ,,.. �w,.'7..r. ,xr"�'". e•..:..:'�4�rir.v�Z,f. ,,.ti,. -•y;,.. -_ - _: ��-•. -"a�,".�... ... :` ~r- .�.• ..,. mow• s '� • INNI lrrww�. , G+ May 7, 1985 - ' ii. Water distribution facilities from . the point of connection with the , • County's central facilities to the master waste meter serving the pro- ject, �•, including all utility easements necessary. , , " • 5) The customers served on an interim basis ' by the utility system constructed by the Owners shall be customers of the County at , the time when County central water and/or - .,. _. ._t'__ sewer facilities are available to serve * � ; the project and such connection is made. Prior to connection of the project to the County's central water and/or sewer facili- ties the Owner, hie assigns, or successors ' ' shall turn over to the County a complete - list of the customers served by the interim •e ! utilities system and shall not compete with . • the County for the service of the castnm- ,;' I ere. The Owners shall also provide the p - County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for r: the project. illi 6) All construction plans and technical � � • • .11 specifications related to connections to 14, Lf 1the County's Central Water and/or Sewers 4' If hta�, facilities will be ..u:.;..1tted to the Utili- q: ties Division for review and approval o r , -1 ..�.,..r.._._ M t i. ,I ,%)' prior to commencement of construction. . 7) The Owners, their assigns or successors .. shall agree to pay all applicable system { development charges at the time that Building Permits are required, pursuant Lu s appropriate County Ordinances and Regula- tigas, in effect at the time of Permit " • eo D087fa•t 74 • u.�1 • . ; 0,• May 7, 1985 � ,, QS/ ,, request. This requirement shall be made bMo( O m• known to all ptospective buyers of proper- • ties for which building permits will be required prior to the start of building construction. 8) The County, at its option, may lease for M, ' operation and maintenance the water dis- tribution and/or sewage collection and • �• transmission system to the project owner or his assigns for the sum of $10.00 per j. year. Terms of the lease shall be deter- mined 'upon completion of the proposed . utility construction and prior to active- tion 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 it. central facilities. or until much time that bulk rate water and/or newer service agreements are negotiated with the interim M' utility system serving the project. h) Data required under County Ordinance No. 80-112 • iii showing the availability of sewage service, must be submitted and approved by the Utilities ;,• . Division prior to approval of the construction • documents for the project. The developer shall Submit a copy of the approved DER permits for :•' t the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. i) If an interim on-site water supply, treatment • and transmission facility is utilized to serve . .: the proposed `^ e project, it must 1-^,rrty sized • to supply average and peak day domestic delalld, in addition to fire flow demand at a rate 21 • May 7, 1985 approved by the appropriate Fire Control Die- t, trict servicing the project Area. . j) When the County has the ability to provide sewage treatment and disposal and/or water c . supply and distribution services, the Vineyards will be responsible to connect to these facili- - ties at a point to be mutually agreed upon by .::_._: • May 7, 1985 630K 087rrt 77 4, Exceptions to Countz_Subdivision Regulntions: �• The following exceptions to the Subdivision Regulations • :L. shall be granted: a) Article X, Section 19: Street name and signs shall be approved by the County Engineer but need not meet U.S.D.O.T.F.11.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and _.Elective edging reviremeree *hell he subject to county engineer approval, but need not meet standard county requirements. b) Article XI, Section 17.F & C: Street right-of-way and le • erose-section for the road shall be as shown in the PUD document. • c) Article XI, Section 17.111 The 1,000 feet maximum 4 I.. dead-end street length requirement shall be waived. + • d) Article XI, Section 17.I: Back of curb radii at 'a street intersections shall be a minimum of 30 feet. e) Article XI, Section 17.K: The requirement for 100 feet tangent sections between reverse curves of ' «, streets will be waived on local roads, provided that i;, • collector ronds shall be built to County standards. • f) Article XI, Section 21: The requirement for blank , utility casings shall be subject to county engineer- ing approval, but need not need standard county requirements. g) Article XI, Section 10: The requirement for reference ti , markers to be placed in water valve covers is waived. M . • 5. NATURAL RESOURCES MANAGEMENT: ri a) A site clearing plan shall be submitted to thte Natural Resources Management Department and the • Community Development Division for their review and t, ° . • approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan • shall clearly depict how the final site la,--•:t incorporates retained .native vegetation the ` • 23 • t�11roM est •^y , ..f '+NwJ0Y Y7cv 711,..4:1....1>;.�!•''.+ su.!f�i i• is .•�.Srt.F.`.F^. a "r~"7yl~-_- • y�„�. May 7, 1985 maximum extent possible and how roads, buildingb, lakes, parking lots and other facilities have been oriented to accommodate this goal. b) Native species shall be utilized, where available, to :. «.. the maximum extent possible in the site landscaping design. A landsca}'ng plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review And approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be at the t I re-creation of native vegetation And habitat charec- teristics lost on the site during construction or due . 41 Y1 a, to past activities. c) All exotic plants, as defined in the County Cods, . • Shall be removed during each phase of construction from development area4, open space areas, and pre- serve areas. Following site development, a mainten- ance program shall be implemented to prevent re- invasion of the site by such exotic species. This • .� plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Depart- ' . • ment and the Community Development Division. d) If, during the course of site clearing, excavation or other constructional activities, an archaeological of historical site, artifact or other indicator is discovered, all development at this location shall be ' immediately stopped and the Natural Resources Manage- ment Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and deter- mine the proper course of action in regard co iia selvageability. The Natural Resources Management Department will respond to any such notification in a ----• ` • look 087 u.c 78 ,. May 7, 1985 timely and efficient manner so as to provide only a BOOR 08 7 Far: 79 minimal interruption to any constructional activi- • ties. . .. • e) All reserve areas shall be flagged and surveyed prior to platting and construction. r . f) The historic hydro-period in the cypress head shall LeLuwe the water elevation control for the lake where the cypress head is situated. , g) Developer commits to maintain and preserve to cypress head identified as Parcel 20 on Exhibit "A" as a preservation area in perpetuity. Developer will use • _ t its hest efforts to maintain and enhance the cypress r ' vegetation existent thereon and to prevent damage as a result of development of adjacent residential • parcels. the Developer further commits: 1) not to apply for, seek or accept rezoning said • parcel; ,. ,. 2) to resolve, revegetate and otherwise mitigate any damage to the cypress head occurring while • re it has control of the Vineyards Project; _ w 1) that through deed restrictions or other legal .'' • • mechanisms, ensure that the commitment set forth :s..: above run with the land and become an obligation on future owner(s); and 4) to coordinate with the County Environmentalist ' regarding the advisability of preserving the e• • understory in Parcel 20 and the removal of any exotic species. 6. MISCELLANEOUS COMMITMENTS: a) Access to the project shall be restricted to those t v• access points shown on Exhibit "A" of the PUD docu- , e • ment attached hereto, provided that the location of • • the accesses to commercial parcels shall be approved • by the County Engineer. _ • • • as b) In the event Tract 60-R is utilised for an into,- change for 1-75 prior to the development of Iract 54, • or within seven (7) years, whichever occurs last. aszvss • .. ' Prig MCI May 7, 1985 — .. Applicant agrees to provide a park site comparable in ''' � '• size in said development. St , c) Developer hoe agreed to donate a site for a fire station not to exceed 1.25 acres. The site shall be located on Parcel 83, or as may otherwise be agreed • between Developer and North Naples Fire Department. Section 5. If any significant historical or archaeological sites or artifacts are discovered during site preparation and construction, the ; Bureau of Historical Sites and Properties, Florida Department of State ' Ind the Natural Resources Hanagment Department shall be notified to • determine the importance of such discoveries, and to determine appro- x priate measures to be undertaken to insure their preservation. m Section 6. That the definitions contained in Chapter 380.06 shall control the interpretation and construction of any terms of this r' , Development Order. �'', "•i Section 7. That this Order shall remain in effect for a period of - fourty (40) years from the effective date of this Development Order. ' s r Any development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date of this Order, • may be completed, if approved. This Order may be extended by the Board • of County Commissioners on the finding of excusable delay in any proposed development activity. a , Section 8. That this Order shall be binding upon the Developer, assignees or successors in interest. Section 9. 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 M;. . l governmental agency in existence on the effective date of this Order. • •_! ` Section 10. 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 T the remaining portions of this Order which shall remain in full force and o ' effect. , Section 11. This resolution shall become effective as provided by law. IODK 087J1.I 80 ,.. ., _...' •1 , 'r...',;•• r sryll Nay 7' 1985 087 81. KOOK PJ�'t THEREFORE, BE IT FURTHER RESOLVED by the Board of County Commis- sioners that Jimmy Adkins, being the authorised agent for the owner or developer of the project known as The Vineyards Planned Unit Development `• as legally described in Exhibit A, attached hereto, is hereby granted ; `" ' local Development Order and is subject to all the requirements and conditions represented in the PUD Document as found in Composite Exhibit t`' A, and the ADA and Sufficency responses as found in composite Exhibit 8 and as also reflected in this Development Order. This DRI Development Order shall be deemed rendered as of the data of transmittal for the purposes of computing the forty-five (45) day ' ' appeal period provided under Section 380.07(2), Florida Statutes. •Certified copies of this order are to be sent immediately to the Department of Community Affairs and the Southwest Florida Regional . Planning Council. `' Done in open session this 7th day of may 1985. •• May 7, 1935 BOARD OF COUNTY COMMISSIONERS ��( "".'"6'n��, COLLIER COUNTY. FLORIDA �. ';r ATTEST G BY: • r1 ' WILL 4 EACH RK FRE E I KVOSS, CHAIRMAN t. ;4 'APPROVED PTO FO AND LEGAL SUFFIC:ENCY • 4 1..:i KENNETH B. CUYLER �• ASSISTANT COUNTY ATTORNEY VINEYARD DEVELOPMENT ORDER t s. 5 1 ''tt ai ;:i r, • •# . 4};; . h • �• p k.: 27 . t NOW = . — .