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Ordinance 85-30ORDINANCE 85- 30 AN ORDINANCE AHENDING ORDINANCE 82-2 T~E COM- PREHENSIVE ZONING RE~TIONS ~R ~E ~INCOR- PO~T~ ~ OF C~LIER CO~ ~ORIDA BY ~ING ~E ZONING A~S ~ ~ER 49-25-2 BY C~GING ~E ZONIN~ C~SSIFI~TION OF ~E HEREIN DESCRIB~ R~ PROPER~ ~ A-2 TO "P~" P~ED ~IT D~~T ~R J~GER P~, ~A C~RC~ D~~Te LO~T~ NOR~ OF PINE RIDGE RO~e WEST OF PINE RIDGE INDUS~I~ P~ ~D PROVIDING ~ EF~I~ DATE~ ~EREAS, Hole, Montes and Associates, Inc., repreeenttns Yolanda Jaeser, petitioned the Board of County Co~tssionsrs to change the Zoning Classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Comtssionere of Collier County, Flortda~ SECTION ONE~ The Zoning Classification of the herein delcribed real property located in Section 10, To~mehip 19 S., Range 2§ E., Collier County, Florida il changed from A-2 to "PUD" Planned Unit Development in accordance with Chi PUD document attached hsrsco as Exhibit "A" which is incorporated herein and by reference ~mds part hereof. The Official Zoning Atlas Map Number 69-25-2, as described in Ordinance 82-2, ia hereby amended accordingly. SECTION This Ordinance shall become effective upon receipt of notice Cha~ is has been f~led ACh the Secretary of State. DATBI June lB,. 1985 BOARD OF COUNTY CO~IS$IONERS COLLIER COUNTY, FLORIDA FRED , CHAIRltAN This ordlnonce filed with the Sec~tary of.~tote's Office th~ doy ond ockncr~'edgement of that flF~g re~e!Yed t.h~_~lj~.._~ day 0)~ .~r.~/ · R-85-3C PUD Ordinance STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIA~4 J. REAG~I, Clerk of Courts in and fo.' the T~entieCh Judicial Circuit, Collier County, Florida, do hereby certify that the foregoir~ is a true original of: ORDINANCE 85-30 which was adopted by the Board of County Commissioners during Regular Session on the 18th day of June, 1985. ~ITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24~h day of June, 198~. I~ILLIAH J. REAGAN _ Clerk of Courts and Ex-officio Co Board of ~'~'"-'-.':'~. '"'..'~ I~ UI~T DEVELOI'I4E~ · FOR YOLANDA H. JAEC;ER ~ 1~8.~ (AI~IID~DED) DATa lSSUE9~85 DATE AFPROVED BY CAPC~5 DATE APPROVED BY BCC~8~ ORDINANCE lflJt~KR, 85-30 PREPARED BY: HOLE, HONTES ~ ASSOCL~TES, INC. NAI'LES, FLORIDA 1, Property Ownership and Description 2. Project Developuent 3, Tr&ffic alysio ~nd Use le~lations 1 3 8 A, Le$&l Description B, Ovners of Record Site Plan Typicil Landscapin8 Plan-Tract 'A' 1,3, 1,4, 1.5. PROPERTY O~;ERSHIP AND DESCRIPTIO~ PURPOSE The purpose of this section is to identify the location and ownership of the property, and to describe the existing condi- tions of the property proposed to be developed. LEthAL DESCRIPTION See Exhibit A PROPERTY OWNERSHIP Sea Exhibit B CE~ERAL DESCRIPTION OF PROPERTY AREA Ae The property consists of 29.81 acres, more or less, generally located in the southeastern part of Section 10, Township 49S Range 25E. More specifically, it is located on the north side of Pine Ridge Road immediately ~st of Pine Ridge Industrial Park. The dimensions of the subject property are 555 feet of vidth fronting on Pine Ridge Road and 2,340 feet of depth running in a north-south direction. B. The current zonin8 of the subject property is A-2 Agricultural. Ce The Comprehensive Plan designates the subJmct property as within the Urban Area. The number of points required for a non-residential re~one, according Co the Comprehensive Plan Point System is 40 points. The petitioner guarantees 52 points on the basis of the four-laning of Pine Ridge, which is presently under construction. No Certificate of Occupancy rill be issued prior to completion of the Pine Ridge Road Project. PHYSICAL DESCRIPTION A. The existin~ elevation of the subject property is approximately 10 feet NGVD. The project site is located within Zone B as identified on the Federal Insurance Rate Hap. Zone B is defined as "Areas between limits of the lO0-year flood and 500-year flood." Ce Like all other properties in Collier County, it is eligible for insurance under the Natioval Flood Insurance Program. The primary type of soil ia Charlotte fine soil (Ca) and lmmokalee fine sand (Ia) as classified by the U.S.D.A. Soil Conservation Source Soil Survey of Collier County, Florida, 1954. -1- (E~v~rom~u~al Y~pa~= ~tat~ment, a~ required by Ord. 77-~6, ~oncained in separate document) -2- 2o2o 2,3, PROJECT DKVKLOPIql~T .,F~SK The purpose of thid Section is to delineate and senerall7 describe the project plan of development, the respective land usaa of the parcels included in the project, as wtll as the project criteria for future development. GENERAL As Resulationa for development of this project shall be in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable sections and parts of the "Oollier County Zonin$ Ordinance". Unless othez~riae noted, the definition of all terms shall be the same as the definitions set forth in "Collier County Zonin$ Ordinance". SITE PLAN AND LAND USE PARCEES A® The site plan, including all parcels, existing main structuraa, easements, buffers and open space, and new points of acceee are graphically iljustrated in Exhibit C. The site plan consists of Tracts A and B. Tract A consists of a parcel of land 200 feet in~idth and 2,340 feet in depth (X0.74 Acres) amd Tract B consists of a parcel of land 355 feet in width and 2,340 feet in depth (19.07 Acres). It is the intent of the petitioner to develop Tract A into self-service storage facilities. Xt is the intent of the petitioner to develop Tract B into a h~avy commercial - industrial park providing a transition be~en the heavy industrial uses to the east and the institutional uses to the ~eat. Further it is the intent of the petitioner to construct a retention lake, as shown on Exhibit C, approximately $15 feet x 340 feet (4.0 Acres) at the northernmost part of Tracts A and B. This lake may be located in an area other than shown on Exhibit C, dependins on the final ensineerins data and the requirements of the project design. If this relocation is found to be necessary, the land use indicated in the above parasraph ~ill be compensated accordinsly in order to accommodate such relocation. In no case will the allocated land use shown herein be inreaaed or decreased e~cept aa required for the relocation of the retentAon lake, -3- ROADS A~l ~oads ars intended to be private roads unxass indicated othat~r~se at the C~e of app~Lca~ for d~e~o~en~ pe~cs. ~e c~ ~rcela fron~tng on Pane R~dge R~d ~n Trac~ B ~11 ~vn inte~l access only. D. WATER ~NAGEN]~fT PLAN Water ~anagement Plan contained in separate document. The Water Nanagement Advisory Board considered the referenced Petition a,d had no objections to its approval · ubJect to the followir~ ettpulattone~ be Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plane is granted by the County Er~ineer. Ratention lake tn northeast portion of the project shall be set back to alloy for construction and maintenance of the outfall canal. Ce de Discharge from the project will be subject to the approval of the South Florida Water Management District. An Excavation Permit will be required for the proposed lake in accordance with Collier County Ordinance No. 80-26, aa amended bi' Ordinance 83-3. ee The northerly 2,110 feet of the easterly 20 feet of subject property will be provided to Collier County as a drainage easment for drainage improvements. The southerly 230 feet of ch. easterly 30 feet of the subject property has already been dedicated to the County for similar yurpoees. In addition, a 15-foot- wide maintenance easement shall ba pr~-ided to the County which shall be located !.--ediately w~st and contiguous to the above mentioned 20-foot-wide and 30-foot-wide drainage easements. Also, a 15-foot- wide access easement shall be provided from the proposed interior road of Tract B to the above mentioned maintenance easement. This easement shall be located so as to not interfere with the Petitioner's proposed sub-division of Tract B. The exact location of this easement will be determined at such time the Petitioner applies for sub-division master plan approval of Tract B and shall be ~ubJect to approval by the County Water Nanagement Director. The use for the 20-foot-wide and 30-foot-wide drainage easements will be fo~ perpat:ual usa b~ Collier County ~or drainage imp~ovement:s. The use o! the 1S-foot-vide u~intenm'~ce easement and access easements shall be limited to the County Water Nanagement crews and vehicles aa shall have the right co utilize the easements ae required for maintenance purposes, however the use of cbs maintenance easement shall be restricted to the County Water Management Department and shall not be extended to the general public or other governmental agencies or departments. No permanent structure shall be erected by either within the mainte~ce easement. However, thio area may be used for other facilities Such aa paved or non- paved parking, temporary storage, and landscaping so long as it ia limited to sodded or grassed areas. No fences shall be constructed along the rear lot lines backing up to the canal. However, aide lot line fences shall be permitted within the maintenance easement es lan8 as they ara provided with a gate (with a minimum 12-foot opening) which can be opened by the County Water Management Department. All provisions of the Zonin$ Ordinance with respect to required landscaping for offetreet parking will be waived with respect to lot areas within the maintenance easement. E. ENVIRONMENTAL CONSIDERATIONS 1. Environmental Impact Statement contaC.ned in separate document. The Environmental Advisory Council reviewed this Petition and has no objective to its approval subject to the following stipulations: ee A site clearing plan shall be submitted to the Natural Resources Hanagement Department and the Co~dnity Development Division for their review and approval prior to any substantial.work on the site. This plan may ba submitted in phases to coincide with the development schedule. The site clearing plan. shall clearly.depict how the final site layout incorporates retained native vegetation to the maximum extent possible and ho~ roads, but.ldings~ lakes, parking lots, and other facilities have been oriented to accommodate this goal. bo Native species shall be utilized, where available, to the maximum extent possible in the site.landscaping design. A landscaping plan will be submitted to the Natural Resources ~anagement Department and ~he -5- ,= 020 315 Co~mity D~valopmsnt Division for their r~vi,v and approval. This plan ~111 dapict th~ inco~r~ion o~ ~lvs ~eci~s ~nd ~h~ir m~ ~h o~h~r ~p~ciea*~ ~ any. ~e g~l of site ~ndscapin~ aMll be the r~crution of ~tive veletation and hbi~C c~racte=istics lost on the site durinl const~ction or du~ to ~nt activities. All ~xotic plants, as defined in the County Code, ah~ll b~ r~,-oved during each phase of construction fro~ d~velopnent areas, open space areas, and preaerv, areas. FoXlovin~ site develop~ant a ~inten~nae program shall be imply,need to prevent reinvasion of the site by such ~xotic species. This plan, ~hich vi11 describe control techniques and inspection intervals, shall be filed vith and approved by the Natural Rasources Department and the Community Development Division. If durin~ the course of site clearing, excavation, or other constructional activities, and archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be t~edi~tely stopped and the Natural Resources Han~g~ent D~part~ent notified. Development ba suspended for a sufficient ler~th of time to enable the Natural Resources HanaEement Department or a desi~nated consultant to assess the find end determine the proper course of action in resard to its salvageability. The Natur&l Resources Hanagem~nt Dapartmnt will respond to any such notification it, a ti=ely and afficient ~nner so as to provide only a minimal interruption to any constructior~l activities. That the identified vetland be retained as a preserve are~ and be bermed and connected hydrologically b~ pipes vith the ex/sting lake. Credit shall be given for such vatland preservation towards the required lake area. F. SOLID WASTE DISPOSAL To be provided by Yahl Bros. Disposal Service. O. UTILITIES I. Ava~able frcm authorized providers. The Otilities Division ravi~v~d this Petition and has no objection to its approval subject to the stipulations per their mmmo dated Hatch 20, 1985, attached. -6- Subdivision minimum 60-£oot r~h~f~ay r~quir~nn~ in ~i~l~ II, Suction 17, Par~ f, of ~ Subdivision ~gu~tionm. The length of the dead-end roadway in Tract B be as required to provide access to all lots in Tract B, as opposed to ~xi~eum 1,000-foot right-of-~ay raquirment in Article XI, Bection 17, Parc H, of the Subdivision R~gulatione. The Subdivision Revise Co~icCee r~iewad Chis Petition and has no objections co the rezone and .subdivision meter plan approval for Tract I subject co the following s~ipulatione~ a. The cypress area in Tract B be identified on the master plan. If the developer uses a septic sysco, the provisions of Article X, Section Il, of the Subdivision Regulations shall b~ required. c. The right-of-~my for the road shall include all utilities and drainage facilities; d. The Petitioner and staff reeolvt the drainage eas~ent proble~ Subdivision Heater Plan approval for Tract B shall be required prior to platting and development. -7- SECT/ON 3 TRAFI~C ANALYSIS Tra£f~o Impact AnalysLs contained in separate document. Trace A and all loci in Tract B, including the ~o lots £ron~ing on P~n~ itidle Road, w/Il h~vs internal access only. SECTION 4 LAND USE PECULATIONS FOR_ TRACT A The ~and use designation for Tract A shall be far a eelS- service storage facility for storage of personal property. B..P, ER ZTr No buildin~ or structure, or part thereof, shall be erected, altered or used, or land or rater used, in vhole or in part, for other than the follovir~: 1. Self-service storage, vhich is defined, for the purpose of this document, as a group of buildings divided into separate unite or areas used to meet the temporary ecotage needs of condominium and apartment dwellers, other individuals or organizations and businesses, vith such units being aveilable to the general public on a self-service basis. 2. Outside Recreational Vehicle storage. PKRHITTKD ACCESSORY USES AND STRUCTURES 1. Accessory uses and structures customarily associated vith the uses permitted in this district. 2. ~ovin8 equipment rental and/or recre,-tional vehicle storage (subject to &.I.K. belov). One ~anager'e apartment for Tract A. &. Water unagement facilities. 1. Minimum Lot Area: Aa shorn on Exhibit C, Site Plan, "Tract A" 2.Minimum Lot Width: As shown on Exhibit C, Site Plan, "Tract A" 3. Minim~un Yard Requirements: a. Front Yard - Fifteen (13) feet vithin vhich no parkin~ shall be alloyed nor any merchandise stored or displayed. b. Side Yard - Ten (10) feet from vest property line. c. Rear Yard - Aa shorn on Exhibit C, Site Plan. -9- ~, Hini~um Floor Ar~& of Principal Structures= 1,000 equere feet per building on ~hl 8round floo~. 6. Distance b~t~en s~ctures= As sho~ on E~ibi~ C~ Site Plan. E. SIGNS_ As permitted by..tha Zoning. Ordinance in effect at the permits are requested or required. F. HINIItUH OFF-STREET PARKING, AND OFF-STREET LOADING Off-street parking end loadin$ requirem~nts for the self- service storage facilities viii be established an part of the site plan approval process, Only as much parking aa is reasonably needed considering the low vehicular utilization of the site viii be required. S~acee viii be ~s~itted in front of the storage unit doors. C. MINIMUM ~SCAPING REQUIREMENTS As required by ch, Zoning Ordinance in effect aC the time permits are requested or required (~xcept as provided for in Section 2.3.D.2.a), except thaC landscaping along Ch, south and west sides of Tract Aw ill ba landscaped in accorcance with Exhibit D. H. R~qUIRED LANDSCAPZD BUFFER AREA As required by the Zoning Ordinance in effect ac the time permits are requested or required, except chat a IS-foot vide landscaping buffer strip will be provided along the north and ~st sides of the property. Baximum height of lishts viii be fifteen (15) fee; and construc=ed and located in a manner so the= no lisht is ah~ed directly toward a residen~ially zoned proper~y within lO0 fee~ of ~he source of liEh~. 3. USE LIHITATIONS S~tf-aervice storage facility. a. Site D~velopm~ut Plau Approval will be r~quired in accordance wi~h the Zoning Ordinance ~n effect at the ~im~ construction permits are requested. b. No service or loading doors may face directly to the v~et, north nz south of the subject proper~y. c. Ail storage units will be for dead storage purposes. -10- ~or ~ha p~rposee o! ~hil section, dead e~orege mear~ ~ha ~p~ o~ ~o~a no~ in uH ~nd hoc co~uo~d ~pz~a~a. d. No vah~u~r ~iu~e~nce or repairs ~11 be pemitted on the praises. e. No l~di~ d~ or pemnenc ~er~lo-~ndli~ equi~en~ ~11 be pe~i~ed. f. ~e ~x~ size of any i~ividual eCora~e uniC ~11 be ~ ,aq~re ~eec o[ ~rcaa ~loor ar~. ,- ~. No acorale o~ ~l~ble, toxic or c~uscible ~11 ~ ~ed ~h~ the ~ildi~ or upon the pr~ee. h. ~ucCin~ o~ o~ice, re.il or other businesses a ecotage unic ~11 be prohibited, except cbac one o~ice ~11 ~ ps.coed ~or rental and of the e~ora~e ~acilicy a~ ~or limited, re.il salsa and rascal of equi~enc and ices such aa loc~, ~ c~c~, dollies and other iC~s ~ich are specifically co ~ used by storage ~liencs on K. RECREATIONAL VEHICLE STORAGE AI~D~OR HOVII~ EqUIPHENT RENTAL The recreational vehicle storase area will be confined to the northern area of the subject property. The ex. act location will be determined when the exact location of the retention lake has been dotermined. A six (6) foot high fence or wall will be constructed which prohibits "see-through" visibility to separate the recreational vehicle storage area fro~ the abutting properties not under control of the petitioner. 3. The livin~ in a recreational vehicle while in storage will be prohibited. LAND USE P,~TIO~ FOR TRACT B A. PUEPOSE This designation is intended primarily for heavy commercial - industrial establishments en~agin~ in activities involving primarily ~holeaaAing, fabrication and warehousing activities and re,ail sales activities with related wholesaling, fabrication and warehousing facilities; and to allow other uses generally compatible with the permitted uses and the uses of the surrounding erea. B. PEI~ITTED PRINCIPAL USES AND STRUCTI,~ES: No building or structure or pert thereof shell be erected, altered or used or land or water used, in whole or in part, for other than the folloving: -11- Alumira~a £abri=atore ar~ screeming shopsI auction establishments; automotive parts a~orea; automobile repair shops; automobile setwiGe e~atioms with repairs. Blueprint shops; boat sales - with outside storase; boat yards a~d ways; body shops; ~.Jilding maintenance service; building suppliesl bulk storage yards not including bulk storage of fla-,~eble liquids. Oabi~t shops; canteen services; carpet storage and installation (inaludin~ sales); car washes; commercial boac houses and commercial boat storage - non-vaterfront; co~aercial recreation uses- greaser; co-~-ercial schools; comunications services and equipment repair; construction material establishments; contractor's storage - outside. Electrical supply stores; equipment rentals - including lawn Fabrication facilities; feed and grain eAlel; funeral homes; freight movers; furniture refinishing. Garden supply stores - outside display in side and rear yards; glass and mirror sales Which may include storage and installation; gunsmith.. Ice plants. Laboratories - film research and testing; landscaping service esCablia~saentsl hwn maintenance shops; l&,mderies; light manufacturin~ or processing (including food processing, but not slaughter house); light printingl linen supply shops. MiscelLaneous uses such as express office, telephone exchange; mobile home and recreational vehicle sales and service; motor bus or truck or other transportation terminal and related uses; motorcycle sales amd service; medical offices and clinics only in connection with industrial or laboratory facilities. Offices - generall office supply stores Pest control services; plant nurseries; plumbing and bath supplies; pottery manufacturin~ and sales; printing and publishing; professional offices only in conjunction with storage or varehousing operations. Radio and television aCationa and transmitters, but not towerl repair aervl~e eacablts}snents; research and design label research, design and development activities; restaurants including drive-ina or fast food restaurants; retail and repair establishments for sale and repair of new and used automobiles, motorcycles, trucks and tractors, mobile homes, boats, automobile vehicle parts ami accessories (but not Junk yards or automobile vehicle wrecking yards), heavy machinery and equipment, fan equipment; retail establishments for sale of farm supplies, -12- lumber and buiXdin~ supplies, monuments, and similar .Service establishments catari~ to commerce and industry; sign paint,nS shopsl mwinmin~ pool maintenance shops. Taxidarmistsl tile storage and installation (incXudin~ sales). Upholstery shops$ used car Xsim. Vehicle rencals~ vehicle sales, rental and service escablis~ments$ veterinarian offices and clinics - no outside kennelsl.vocational, technical, trade or industrial schools. Warehousin$l watch and precision irmc~ument repair shops; ~olesalin$, storage, or distributing establishments and s~milar usesl wholesale trade estahlin~mencs. Any other coummrcial use or professional service which is compatible vith the foregoing uses. C, PEP, HITTKD ACCESSORY USES AND STRUCTURES 1. Accessory usam and structures customarily associetedwith the uses permitted in this tract. 2. Retail sales establishments not listed under 4.2.B above, only in conjunction with and as accessory usam to wholesalin$, fabrication, storage, warehousing, or related principal activities. 3. Caretaker's residence. D. DEVELOPHENT STANDARDS 1. Minimum Lot Areaz Fifteen Thousand (IS,000) square feet. 2. Minimum Lot Widthz One Hundred (100) feet. 3. Minimum Yard Requirements: a. Front yard - TWenty-five (25) feet. b. Side yard - None, or minimum of five (S) feec vXCh unobstructed passage from front to rear yard. c. Eaar yard - Fifteen (IS) feet. &. HaximumBuildin$ Height: Fifty (50) feet. $. Minimum Floor Area of Structures: One Thousand (1,000) square feet per building on the ground floor. 6. Distance Between StrucCures~ Same as for side yard setbacks. E. Xn accordance vith the Zomin$ Ordimance in effect at the time permits are requested or required. -13- In accord~c~ with the Zoni~ Ordi~nce in effec~ at the time pemit8 are requested or required. ~hen abutting residentially zoned district, in accordance with the Zoning Ordinance in effect at the time permits are requested or required. ti, REQUIRED I.~IOSCAPED BUFFER AREA When abutting residentially zoned district, in accordance with the Zoning Ordinance in effect at the time permits are requested or required. OUTSIDE STORAGE! SALES AND SERVICES 1. No outside storage, sales or services shall be permitted except the following: a. Sales or display accessory to a vehicle sale, service and rental establishment which are otherwise allo~ed. b. Sales, display and storase for plant materials, trees shrubs and other living material. c. Newspaper vending machines. d. Activities accessory to automobile-oriented uses which ara otherwise allowed. e. Outside storage which is clearly a normal adjunct of the permitted use. Provided that in all cases of such outside storage, sales or display that said display is on the same lo' as and clearly accessory to the principal use. f. There should be no outside storage of Junk vehicles, household appliances or furniture, scrap building materials, salvage or Junk equipment, material or other items. 8. Ail refuse shall be contained within completely enclosed facilities. No business, enterprise or endeavor may use any of these lands for any purpose that creates a public nuisance or is obnoxious by reason of emission of odors, fumes, dust, smoke, noise or vibration. -14- 5o5* SECTI0~ 5 STATEHEHT OF The petitioner state thc, ~f he proceeds v~th the proposed developudnt, he vi. Il: A. Do so in accordance v'ith: 1, The Couprahensive Plan of Collier County, 2, ltesulxtions existin8 Vhen the amendment rezonins the land to PUD is adopted; and, o Such other conditions or ~odifications as ~ay be at~ached to the rezonin~ of the land to the PUD Provide sSremente, contracts, deed reetri!tione, or · ursties acceptable to the County for completion of the undsrcakins in accordance~h ~he adop~ed ~scer Plan aa ~11 as for con~inui~ opara~ion and ~in~e~nce of ~ch ar~s, funccions a~ facili=ies =ha~ are no= ~o ~ pr~ided, ope~a~ed or ~in~ined a~ seneral public e~enoe; and, C. Bind hie ~ucceseore in title to any co-~tcments made under $.$.A and §.5.B above. -15- EXeXBXTA ................. EaCa; TZOa &IX of the £oXXowing' described property situate, lying and being in the Southeast quarter of Section lO, Township 49 South, Rings 25 East, Collier County, Florida, and more particularly described as follower Commencing at the Southeast corner of Section 10, thence Westerly along the Southerly boundary line of said 8action l0 a distance o£ 1,000 fast to a point! thence Northerly and parallel to the.Easterly boundary line of said Ssction 10, 50 feet to a point on the N~rtherXy right-of-way line of 8.R. 3l! thence Easterly along the said Northerly boundary line of said B.R. 31 a distance of 445 feet to the POINT OF BEGINNING~ thence Northerly end parallel with the Easterly boundary line of said Section 10, 2,340 feet to a point~ thence Easterly and parallel with the Southerly boundary line of said Section 10, 555 feet more or less to the Easterly boundary line of said Section lOI thence Southerly along the Ealterly boundary line of said Section lO, 2,340 feet more or less to the point of intersection with the Northerly right-of-way line of SoR. 31S thence Westerly along the Northerly boundary line of S.R. 31, 555 feet more or less to the POINT OF BEGINNXNG. Sub,eot tc restrictions, reservations and easements of record. EXHIBIT B .OWNERS OF . RECORD_ Yolanda M. Jaeger, Trustee 140 Bayview Avenue Naples, FL 33923 Robert H. Jaeger, Trustee 140 Bayvisw Avenue Naples, FL 33923 ! I! ii ! :sI PROPOSED lO ACRE COMMERCIAL P.U.D. YOLANDA M. JAEGER, Truetee K. f;ou~Gt~ C,L.Uml'LL tOOK 020,-,~329 MEMORANDUM TO: Ann NcKim, Plsnnina Depar~me.t DATE: Nsrch 20. 19B5 · FROM:_john F. Hadalewski. Engineering Director[~ Utilities Division Re= Petition R-85-3C, ¥olanda N. Jaeger, Self Service Storage Facility We have reviewed the above referenced Petition and have no objection to the rezone as requested. However, we require the follo~ing stipulations as a condition to our recommendation for approval: A) Water & Sever 1) Central water distribution and sewage collection and transmission aystem~ trill ba constructed throughout the Project development by the developer pursuant to all current requirements'of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be dedicated to the County for ownership, operation and maintenance purposes. Ail 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 construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's minimum requirements at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the came conveyance or transfer ia requested, prior to being placed into service, 2) All construction plans and technical specifications and proposed plata, if applicable, for the proposed water distribution and sewage collection and tranaissiou facilities must be reviewed and approved by the Utilities Division prior to cou=encsment of construction. 3) All customers connecting to the water distribution and sewage collection facilities will be customers of the Count? and will be billed by the County in accordance with the Councy's established rates. Should the County not be in i position to provide water and/or sewer service to the project, the water and/or sever customers shall be customers of the interim utility established co serve the project until the County's central water and/or sewer facilities are available to serve the project. For interim utility systems, a review of the proposed rates and subsequent approval by the Board of County Co,.alasioners must be completed prior co activation of the water and sewer £aciliciee servicing the project. Rate reviews must be in full compliance with County Ordinances No. 76-71 and 83-18 al amended, revised or superseded. To: Ann HcKim, P~nning Dept. Page 2 ~arch 20, 1985 4) It ie anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and Crest 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 ac the time development co.=zencee, the Developer, ac his expense, will install and operate interim water supply and on-site treatment facilities ·nd/or interim on-site sew·ge treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. $) An Agreement shall be entered into between the Count7 and the Owner, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: a) The p~oposed water supply and on-site treatment facilities and/or on-niCe wastevater treatment and disposal facilities, if required, are to be constructed an part of the proposed project and must be regarded as interim; they shall be constructed to St·ts ·nd Federal s~andards and are to be o~med, operated and maintained by the O~mer, his assigns or successors until such time ·s the County's Central Water Facilities and/o~ Central Sever Facilities are available to service the project. Prior to placing the water treatment, ·upply and distribution and/or sewage collection, transmission and treatment facilities into service the Developer shall submit, to the Collier County (Utility Rate and Regulation Board) for their review and approval, a schedule of the rates to be charged for providing processed water and/or sewage treatment to the project area on an interim basis until the County's central water and/or ~ewer facilities are available to serve the p~oJect. b) Upon connection to the County's Central Water Taciliclee, a~d/or Central Sever Facilities, the Owner, his assigns or successors ihall abandon, dismantle and remove from the site the i:,terim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in · manner consistent with.State of Florida standards. Ail york related with this activity shall be performed at no cost to the County. c) Connection to the County's Central Water and/or Sewer Facilities will be made by the o~nere, their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County central tacilitiee, water and/or sewer lines necessary to make the connection(s), etc. To: ~n McK~. ~lanning Department ~arch 20, 198~ d) At the time County central .water and/or sewer facilities are available for the project to cannot with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County 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 m~ka connection with the County's central water and/or sewer facilities; or, 2) Ail 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, including but not limited to the following: a) Main sewage lift station and force main interconnecting with the County central facilities including all utility easements ~eceesary; b) Water distribution facilities from the point of connection with the County's central facilities to the master water meter serving the project, including all u~ility easements necessary. e) 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 sewer facilities are available to serve the project and such connection is ~ade. Prior co connection of the project to the County's central water and/or sewer facilities the Owner, hie assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities ~yetem and shall not compete with the County for the service of those customers. The Owner shall also provide the County with s detailed inven,ory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. f) All construction plans and technical specifications related to connections to the County's Central Water and/or Sewer Facilities will he submitted to the Utilities Division for review and approval prior to commencement of construction. g) The owners, their aeeigua or successors shall agree to pay all applicable system development charges ac the time that Building Permits are required, pursuant co appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be m~de known to all prospective buyers of properties for which building permits viii be required prior to the stnrt of building construction. 332 Tot Ann HcKim, Planning Department Page A "Narch 20, 1985 h) The County at its option may lease for operation and maintenance the water distribution'and/or sewage collect/on and transmission system to the project owner or his assigns for the sum of $10.00 per year. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supp17, treatment end distribution facilities and/oF the sewage co~ection, transmission and treatment facilities. The Lease, l! required, shall re~.~in in effect until the Count7 can provide water and/or sewer service through ice central facilities or until such time that bulk rate water and/or sewer service agreements are negotiated w~th the interim utility system serving the project. B) Data required under County Ordinance No. 80-1A2 showing the availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. C) If an interim on-site water supply, treatment and trnnsmiasion faciliey ia utilized to serve the proposed project, it must bs properly sized to supply average and peak day domestic demand, in addition to firs flow demand at a rate approved by the appropriate Fire Control District servicing the project area, D) The PUD document, Section 2.3, Paragraph F,. Utilities, shall, be revised to make reference co this memorandum, by date, and specify the Petitioner*e acceptance of. the. stipulaCions'contained..hsrelu. :A rev/and copy of the PUD document must be submitted to the Utilities Division for review and approval prior to scheduling the Petition for consideration by the Board of County Commissioners. cc: Hold, Nantes & Associatee~~'~ I, V~m~a-~s{er, as ovmmer or authorized agent for Petition R-85-3C, airee to the follovin$ etipulatione requested by the Coastal Area Plannin$ Commission in th, ir public hearing on JuDe 6, 1985. O~ S~ORN TO AND SUBSCRIBED BEFORE H~ THIS ~ DAY ~ , 1985. NOTARY S~L {tY CO~ISSION ~XPIRgS: Ord. 85-30 ,oo,