Ordinance 2000-017ORDINANCE NO. 2000- 17
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102
THE COLLIER COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES THE COMPREHENSWE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
OFFICIAL ZONING ATLAS MAP NUMBERED 9618S BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL
AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS WHIPPOORWILL PINES PUD, FOR PROPERTY
LOCATED 'A MILE SOUTH OF PINE RIDGE ROAD (C.R. 896)
AND EAST OF WHIPPOORWILL LANE, IN SECTION 18,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 29.54+ ACRES; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Kevin McVicker of Phoenix Planning & Engineering, representing Mark
Bates of Gulfsun Corporation, petitioned the Board of County Commissioners to change the
zoning classification of the herein described real property.
NOW, THEREFORE BE IT ORDAINED by the Board of Cotmty Commiss.~m,-wlm
r-- .~? ex:-,
Collier County, Florida:
SECTION ONE:
The zoning classification of the her~in de~-ibed real p~ located in S~lio~ 18:?-
Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" ~ul~e
to
"PUD" Planned Unit Development in accordance with the Whippoor~vill Pines PUD Document,
attached hereto as Exhibit "A" and incorporated by reference herein. The official zoning Atla~
Map Number 9618S, as described in Ordinance Number 91-102 as amended, the Collier County
Land Development Code, is hereby amended accordingly.
-1-
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
this/~ day of ~'~~ ,2000.
County,
Florida,
gaature on15.
Approved as to Form
and Legal Sufficiency
~t~e M. Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER ~A
CHAIRMAN
TIM~-IY $. CONSTANTINE,
PUD-99-16 ORDINANCE/DM/ts
-2-
WHIPPOORWILL PINES PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
GULF SUN CORPORATION
MARK BATES, PRESIDENT
533 TURTLE HATCH LANE
NAPLES, FLORIDA 34103
PREPARED BY:
KEVIN MCVICKER, PE
1786 TRADE CENTER WAY//2
NAPLES, FLORIDA 34109
EXHIBIT "A"
DATE FILED
DATE REV~ISED
DATE REVIE~VED
DATE APeROYED BY
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III RESIDENTIAL AREAS PLAN
SECTION IV PRESERVE AREAS PLAN
SECTION V DEVELOPMENT COMMITMENTS
i
ii
1
2
4
7
12
13
LIST OF EXHIBITS
EXHIBIT "A"
EXHIBIT "B"
PUD MASTER PLAN
LEGAL DESCRIPTION
STATEMENT OF COMPLIANCE
The development of approximately 30+- acres of property in Collier County, as a Planned
Unit Development to be known as Whippoorwill Pines PUD, will be in compliance with
the planning goals and objectives of Collier County as set forth in the Collier County
Growth Management Plan. The residential facilites of the Whippoorwill Pines PUD will
be consistent with the growth policies, land development regulations, and applicable
comprehensive planning objectives for the following reasons:
The subject property's location in relation to existing or proposed community facilities
and services permits the Development's residential density as described in Objective 2
of the Furture Land Use Element.
· The project Development is compatible with, and complimentary to, surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in compliance with applicable section of the Collier
County Land Development Code as set forth in Objective 3 of the Future Land Use
Element.
· The project Development will result in an efficient and economical allocation of
community facilities and services as requires in Policies 3. I.H and 3.1 .L of the Future
Land Use Element
· The project Development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in Objective 1.5
of the Drainage Sub-Element of the Public Facilities Element.
· The Project is located within the Residential Density Band of the Urban Residential
Mixed Use District around the Pine Ridge Road - Interstate 75 Activity Center, on the
Future Land Use Map.. The projected density of 6 dwelling units per acre is in
compliance with the Future Land Use Element of the Growth Management Plan based
on the following realtionships to required criteria:
Land Within Residential Density Band
Base Density 4 dwelling units/acre
Activity Center Density Band .+.3 dwelling units/acre
Maximum Permitted Density 7 dwelling units/acre
Proposed Density = 30 acres x 6 dwelling units/acre = max of 180 units
All final local development orders for this Project are subject to Division 3.15, Adequate
Public Facitlies, of the Collier County Land Development Code.
Page I
1.1
1.2
1.3
1.4
1.5
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the Project name of Whippoorwill Pines PUD.
LEGAL DESCRIPTION
The subject property, being 30+- acres, is located in Section 18, Township 49
South, Range 26 East, and as described on Exhibit "B."
PROPERTY OWNERSHIP
All of the property is under sales contract held by:
Mark Bates, Gulf Sun Corporation, 533 Turtle Hatch Lane, Naples, Florida
34103
GENERAL DESCRIPTION OF PROPERTY AREA
The subject property is located 1/4 mile south of Pine Ridge Road, and
emcompasses the area south of Night Hawk Drive, between Whippoorwill
Lane and Dog Ranch Road (unincorporated Collier County), Florida.
The entire project site currently has Agricutural Zoning and is proposed to
be rezoned to PUD.
PHYSICAL DESCRIPTION
The project site is located within the 1-75 Gate Canal Drainage Basin according to
the Collier County Drainage Atlas. The proposed outfall for the Project is to
the Whipoorwill Lakes PUD, and then to the existing burrow pit west ofi-75. This
exisiting water body discharges into the D-2 Canal, located along the eastern side
of 1-75, via existing canal cross drains. The peak discharge rate from the design
storm will be limited to 0.15 cubic feet per second/acre per Collier County
Ordinance No. 90-10.
Page 2
1.6
1.7
1.8
Natural ground elevation averages 10.7 National Geodetic Vertical Datum
(NGVD). The entire site is located within Federal Emergency Management
Agency (FEMA) Flood Zone "X" with no base flood elevation specified.
The water management system will be permitted by South Florida Water
Management District (SFWMD) through the Environmental Resorce Permit
process. All rules and regulation of SFWlVID will be imposed upon this Project
including, but not limited to: storm attenuation with a peak discharge rate of 0.15
cfs/acres; minimum roadway centerline, perimeter berm and finished floor
elevation; water quality pre-treament; and wetland hydrology maintenance.
Per Collier County Soil Legend, dated January 1999, the types of soils found
are mostly number 16 - Oidsmar Fine Sand. The site vegetation consists primarily
of Florida Land Use Cover and Forms Classification Systems (FLUCCS)//411
Pine flatwoods, primarily disturbed. The Project, as proposed, will
incorporate restored upland and wetland preserve areas maintained in a
contiguous arrangement.
PROJECT DESCRIPTION
The Whippoorwill Pines PUD is a project comprised of a maximum of 180
residential units. The residential units are projected to be developed as multifamily
units. Recreational facilities will be provided in conjunction with the dwelling
units. Residential land uses, recreational uses, and signage are designed to be
harmonious with one another in a natural setting by using common architecture,
quality screening/buffering and native vegetation, whenever feasible.
LAND USE
Open Space 18.00 Acres
-Buffers 1.43 Acres
-Preserve 7.23 Acres
-Green Space 9.34 Acres
Lake 1.00 Acre
Residential 11.00 Acres
(Roads & Buildings)
SHORT TITLE
This Ordinance shall be known and cited as the "Whippoorwill Pines Planned Unit
Development Ordinance."
Page 3
2.1
2.2
pURPOSE
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
The purpose of this Section is to delineate and generally describe the Project plan
of development, relationships to applicable County ordinances, the respective land
uses of the tracts included in the Project, as well as other Project relationships.
GENERAL
Do
Eo
Regulations for development of the Whippoorwill Pines PUD shall be in
accordance with the contents of this document, PUD - Planned Unit
Development District, and other applicable sections and parts of the
Collier County Land Development Code and Growth Management Plan
in effect at the time of issuance of any development order, to which said
regulations relate which authorizes the construction of improvements,
such as, but not limited to, Final Subdivision Plat, Final Site Development
Plan, Excavation Permit and Preliminary Work Authorizaiton. Where
these regulations fail to provide developmental standards, then the
provisions of the most similar district in the Land Development Code shall
apply.
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect
at thc time of building permit applications.
All conditions imposed and graphic material presented depicting
restrictions for the development of the Whippoorwill Pines PUD shall
become part of the regulations which govern the manner in which the PUD
site may be developed.
Ail applicable regulations, unless specifically waived, modified, or excepted
by this PUD Document, shall remain in full force and effect.
Development permitted by the approval of this Petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate
Public Facilities of the Collier County Land Development Code at the
earliest or next to occur of either Final Site Development Plan approYal,
Final Plat approval, or bulding permit issuance applicable to this
Development.
Page 4
2.3
2.4
2.5
2.6
DESCRIPTION .OF PROJECT DENSITY OR INTENSITY OF LAND USES
A maximum of 180 dwelling units shall be constructed in the residential areas of
the Project. The gross Project area is 30+- acres. The gross Project density shall
be a maximum of 6 units per acre.
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
The general configuration of the land uses are iljustrated graphically on
Exhibit "A," PUD Master Plan, which constitutes the required PUD
Development Plan. Any division of the property and the development of
the land shall be in compliance with the PUD Master Plan, Division 3.2,
Subdivisions of the Land Development Code, and the platting laws of the
State of Florida.
Bo
The provisions of Division 3.3, Site Developent Plans, of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Division 3.3 prior to
the issuance of a builiding permit or other development order.
Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
MODEL UNITS AND SALES FACILITIES
In conjunction with the promotion of the development, residential units
may be designated as models. Such model units shall be governed by
Section 2.6.33.4 of the Collier County Land Development Code.
Temporary sales trailers and construction trailers can be placed on the site
after Site Development Plan approval subject to the requirements of
Section 2.6.33.3 of the Land Development Code.
PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAl.
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted. If
after consideration of fill activies on those buildable portions of the Project site are
such that there is a surplus ofearthern material, then its off-site disposal is also
hereby permitted subject to the following conditions:
Page 5
Excavation activites shall comply with the definition of a "Development
Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code,
whereby off-site removal shall be limited to 10% of the total volume
excavated but not to exceed 20,000 cubic yards.
All other provisions' of Division 3.5, Excavation of the Land Development
Code shall apply.
2.7
PROVISION OF MAINTENANCE
The Developer will be responsible for the perpetual care and maintenance of all
common facilities and open space subject further to the provisions of Section
2.2.20.3.8 of LDC.
Page 6
3.1
3.2
3.3
SECTION HI
RESIDENTIAL AREAS PLAN
PURPOSE
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A," PUD Master Plan.
MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the PUD shall be 180
units.
PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted principal uses and structures:
1. Single-family dwellings (includes zero-lot line).
2. Two-family dwellings (includes duplexes).
3. Multi-family dwellings (includes townhouses, garden apartments,
villas, coach homes, and carriage homes).
4. Any other use deemed comparable in nature by the Development
Services Director.
Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures associated with the
permitted principal uses, including garages and utility buildings.
2. Recreational uses and facilities, including swimming pools, tennis
courts, volleyball courts, children's playground areas, tot lots, boat
docks, pitching and putting golfing facilities, walking paths, picnic
areas, recreation buildings, verandahs, and baksetball/shuffle board
courts.
Page 7
3.4
Manager's residences and offices, temporary sales trailers, and
model units.
4. Gatehouse.and entrance features.
Essential services, including interim and permanent utility and
maintenance facilities.
Any other accessory use deemed comparable in nature by the
Development Services Director.
DEVELOPMENT STANDARDS
Ao
Table I sets forth the development standard for land uses within the
Whippoorwill Pines PUD. Front yard setbacks in Table I shall be
measured as follows:
If the parcel is served by a public or private right-of-way, the
setback is measured from the adjacent right-of-way line.
If the parcel is served by a non-platted private drive, the setback is
measuresd from the back of curb or edge of pavement. If the parcel
is served by a platted private drive, the setback is measured from
the road easement or property line.
(a) Carports are permitted within parking areas.
(b)
Garages are permitted at the edge of vehicular pavement
which provides access to a designated parking space;
however, garages shall use a parking apron of at least fifteen
(15) feet separating the garage from the edge of curb on a
private right-of-way without sidewalks or fifteen (15) feet
from a sidewalk.
Page 8
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS
Minimum Lot Area (per uni~t)
Minimum _Lot Width
Front Yard Setback
Side Yard Setback
1 Story
2 Story
3 Story
Rear Yard Setback
Principal Structure
Accessory Structure
.SINGLE-FAMILY
TWO-FAMILY
MULTI-FAMILY
6,000 Sq. Ft. 7,200 Sq. Ft. I Acre
60' Interior Lots (1) 80' Interior Lots (1) 150'
(40')(2)
70' Coroer Lots 100' Coroer Lots (503(2)
25' 25' 20'
0' & 15' or both 7.5' 20' >of 7.5'orl/2 BH
0' & 20' or both 10' 20' >of 10' orl/2 BH
NA NA >of 12.5'orl/2 BH
20' 20' 25'
10' 10' 10'
PUD. Bounda _fy Setback (3)
Principal Structure
Accessory Structure
Lake Setback (5)
Preserve Area Setback
Distance Between Structures
20' 20' 20' (4)
10' 10' 10'
2O' 20' 20'
25' 25' 25'
Main/Principal
1-Story 15' 20'
2-Story 20' 20'
3-Story NA NA
Accessory Structures 10' 10'
Maximum Height;
Principal Building 35' and 2 stories 35' and 2 stories
Accessory Building 20'/Clubhouse 35' 20'/Clubhouse35'
Minimmn Floor Area 1200 Sq. Ft. 1100 Sq. Ft.
>of 15'orl/2 SBH
>of 20'orl/2 SBH
>of 25'orl/2 SBH
10'
40' and 3 stories
20'/Clubhouse 35'
i Bdnn= 650 SF
2 Bdrm= 900 SF
3 Bdrm=1100 SF
(1) May be reduced on cul-de-sac lots upon approval by the Director of Planning.
(2) Minimim lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family
structure is on an individually platted lot.
(3) Buildings shall be set back a minimum of seventy-five feet from Whippoorwill Lane
easement or future ROW, whichever is greater. Other PUD boundary setbacks are
additional to required perimeter buffers.
(4) Lake setbacks are measured from the control elevation established for the lake.
SBH refers to "Sum of two adjacent Building Heights" for the purpose of determining
setback requirements.
NA refers lo "slructurc not allowed."
Page 9
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Off-Street Parking and Loading Requirements:
As required by Division 2.3 of the Land Development Code in effect at the
time of building permit application.
Open Space/Natural Habitat Preserve Area RequirementS:
A Minimum of sixty (60) percent open space, as described in
Section 2.6.32 of the Land Development Code, shall be provided
on-site.
A minimum of twenty-five (25) percent of the viable naturally
functioning native vegetation on-site (natural habitat preserve area),
including both the understory and the ground cover emphasizing
the largest contiguous area possible, shall be retained on-site, as
described in Section 3.9.5.5.3 of the Land Development Code.
Landscaping and Buffering Requirements;
If landscape buffers are determined to be necessary adjacent to
wetland preserve areas, they shall be separate from those preserve
areas.
Landscaping shall be in accordance with Division 2.4 of the Land
Development Code.
A twenty-five (25) foot landscape buffer will be required between
multi-family and single-family land uses.
Chain link and wood fencing are prohibited as perimeter project
fencing along the site's frontage on any collector road. Ail fencing
must be 100 feet from the public right-of-way.
Architectural Standards
All buildings, lighting, signage, and landscaping shall be
architecturally and aesthetically unified. Said unified architectural
theme shall include similar architectural design and use of
similar material and colors throughout all of the buildings, signs,
and fences/walls to be erected on all of the subject parcels.
Landscaping and streetscape materials shall also be similar in design
throughout the subject site. Ali buildings shall be primarily finished
in light subdued colors with stucco except for decorative trim.
Within any mulit-family project, all roofs, except for carports, shall
Page 10
be peaked and finished in tile or metal. Within any single-family or
two-family project, all roofs, except for carports, shall be peaked
and finished in tile, metal or architecturally designed shingles (such
as Timberline).
o
All pole lighting, internal to the project, shall be archiecturally
designed, limited to a height of thirty (30) feet.
Signs
Signs shall be permitted as described within Division 2.5 of the Collier County
Land Development Code, except as described in the following instances.
Up to two (2) ground or wall signs shall be permitted at the main entrances
to the PUD and located within the interior of the PUD. Such sign(s) shall
contain only the name of the entire 30+- acre PUD project, names of
individual communities within the PUD project, and insignia or mottos of
the Development. Such ground or wall sign(s) shall be architecturally
compatible with the unified architectural theme of the entire
PUD (as described in Section 3.4E of this PUD Document). Said ground
or wall sign(s) shall not exceed a combined area of sixty-four (64) square
feet, and shall not exceed the height or length of the wail upon which it is
located.
Page 11
4.1
4.2
SECTION IV
PRESERVE AREAS PLAN
PURPOSE
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "A," PUD Master Plan.
PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Passive recreational areas, including recreational shelters.
2. Biking, hiking, and nature trails, and boardwalks.
3. Water management facilities and essential services.
4. Native preserves and wildlife sanctuaries.
5. Supplemental landscape planting, screening and buffering within the
Natural Habitat Preserve Areas, aider the appropriate environmental
review.
6. Any other use deemed comparable in nature by the Development
Services Director.
Page 12
5.1
5.2
5.3
SECTION V
DEVELOPMENT COMMITMENTS
PURPOSE
The purpose of this Section is to set forth the commitments for the development of
this Project.
GENERAL
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes, and
regulations applicable to this PUD, in effect at the time of Final Plat, Final Site
Development Plan approval, or building permit application, as the case may
be. Except where specifically noted or stated otherwise, the standards and
specifications of the official County Land Development Code shall apply to this
Project even if thc land witin the PUD is not to be platted. The Developer, his
successor and assigns, shall be responsible for the commitments outlined in this
document.
The Developer, his successor or assignee, shall follow the PUD Master Plan and
the regulations of this PUD, as adopted, and any other conditions or modifications
as may be agreed to in the rezoning of the property. In addition, any successor in
title or assignee is subject to the commitments within this Agreement.
PUD MASTER PLAN
Exhibit "A," PUD Master Plan iljustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries, or special
land use boundaries, shall not be construed to be final and may be varied
at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the provisions of Section
2.7.3.5 of the Collier County Land Development Code, amendments may
be made from time to time.
Bo
Ail necessary easements, dedications, or other instruments shall be granted
to insure the continued operation and maintenance of all service utilites and
all common areas in the Project.
Page 13
5.4
5.5
5.6
SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effect at
thc time of site plan submittal. The Project is projected to be completed in one
(1) or two (2) phases.
The land owners shah proceed and be governed according to the time limits
set forth in Section 2.7.3.4. of the Land Development code.
Monitoring Report; An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6. of the Collier County Land Development
Code.
ENGINEERING
go
This Project shall be required to meet all County Ordinances in effect at the
time final construction documents are submitted for development
approval.
Design and contruction of all improvements shall be subject to compliance
with appropriate provisions of the Collier County Land Development
Code, Division 3.2, Subdivisions.
WATER MANAGEMENT
A copy of the South Florida Water Management District (SFWMD)
Surface Water Permit Application shall be sent to Collier County
Development Services with the Site Development Plan (SDP) submittal. A
copy of the approval of this SFWMD Surface Water Permit shall be
submitted prior to Final Site Development Plan Approval.
Bo
An excavation Permit will be required for any proposed lakes in
accordance with Division 3.5 of the Collier County Land Development
Code and SFWMD Rules.
Co
Lake setbacks from the perimeter of the PUD may be reduced to
twenty-five (25) feet where a six (6) foot high fence or suitable substantial
barrier is erected.
5.7
UTILITIES
Water distrubution sewage collection and transmission, and interim water
and/or sewage treatment facilities to service the Project are to be
designed, constructed, conveyed, owned and maintained in accordance
with Collier County Ordianance No.97-17, as amended, and other
applicable County rules and regulations.
Page 14
5.8
5.9
No on-site central sewage collection, treatment and disposal system shall
be permitted.
TRAFFIC
The Applicant shall be responsible for the installation of arterial level street
lighting at all Project entrances. Installation shall be in place prior to the
issuance of any certificates of occupancy.
Substantial competent evidence shall be provided by the Developer to the
effect that the project is designed to provide capacity and treatment for
historical roadway runoff. In addition, site drainage shall not be permitted
to discharge directly into any roadway drainage system.
Co
Road Impact Fees shall be paid in accordance with Ordinance 92-22, as
amended, and shall be paid at the time building permits are issued unless
otherwise approved by the Board of County Commissioners.
Any access road extensions to the project constructed by the Developer
shall be to Collier County minimum construction standards. The portion of
Whippoorwill Lane on the subject site shall be dedicated to Collier County
upon completion of construction.
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during
the course of site clearing, excavation or other construction activity a
historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
A lake access, with associated recreational facilities, shall be constructed
by the developer and made available to all residents of the subject project.
The valuation of land for the acquisition of the Whippoorwill Lane right-of-
way and the east-west road right-of-way shall be borne proportionally by
the Developer on a per unit basis with all development projects having
frontage on or access to Whippoorwill Lane or its east/west extension,
which by design enables traffic to utilize Whippoorwill Lane. Said
valuation shall be based on the provisions of Section 2.2.20.3.7. of the
Land Development Code.
If the Developer and/or another Developer having frontage on or access
to Whippoorwill Lane or its east/west extension constructs the north/south
segment of Whippoorwill Lane or its east/west extension as a public road
(road developer), and the road developer's cost for such exceeds the
Page 15
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amount of the road developer's project's road impact fees (based upon
the rate schedule in the County's adopted Road Impact Fee Ordinance
Schedule), the road developer shall be rebated amounts in excess of the
road developer's project's road impact fees upon receipt by Collier County
of other development's road impact fees collected within Road Impact Fee
District One, pursuant to terms of a Developer Contribution Agreement.
Area-wide drainage facilities and appurtenances including land
requirements shall be under the control of Collier County. Should it
become necessary to acquire land or construct facilities that are in excess
of the drainage requirements of any particular development, then the costs
for those added requirements will be proportionally shared by the
Developer on a per unit basis with all benefiting projects. Said costs and
pro rata share shall be determined by and payable to Collier County prior to
the issuance of any building permits to the Developer. Said costs with
area-wide benefits incurred by this development shall be rebated pursuant
to the terms of a Developer Contribution Agreement or other appropriate
mechanism.
A sanitary sewer collection system and potable water supply distribution
system shall be designed having area-wide design standard specifications as
determined acceptable to the Collier County Public Works Engineering
Division. Design specifications resulting in incurred costs to this Project
but having area-wide benefits will be prorated against this project but will
be proportionally shared by the Developer with ali benefiting projects. Said
pro rata costs shall be determined by Collier County on a per unit basis
with all development projects having frontage on or access to these utilities
along Whippoorwill Lane or its east/west extension and shall be made
payable to Collier County prior to the issuance of any building permits for
this Development. Said costs with area-wide benefits incurred by this
Development shall be rebated pursuant to the terms of a Developer
Contribution Agreement.
If another developer having frontage on or access to Whipporwili Lane or
its east/west extension has initiated construction or completed construction
of the north/south segment of Whippoorwill Lane or its east/west_
extension, water and sewer utilities within this right-of-way, or area-wide
drainage facilities directly benefiting this project, the Developer shall enter
into a Developer Contribution Agreement prior to the issuance of any
building permits agreeing therein to pay its fair share for these facilities as
determined by Section 5.5.
Chain link and wood fencing are prohibited as perimeter project fencing
along the site's frontage on any collector road and must be a minimum of
100 feet from a public right-of-way.
Page 16
5.10
ENVIRONMENTAL
Ao
Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by the Current Planning Environmental Staff. Removal of exotic
vegetation shall not be counted towards mitigation for impacts to Collier
County jurisdictional wetlands.
All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall be recorded on the
plat with protective covenants per or similar to Section 704.06 of the
Florida Statutes~ Buffers shall be provided in accordance with Section
3.2.8.3.4 of the Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements
dedicated to an approved entity or to Collier County with no responsibility
for maintenance and subject to he uses and limitations similar to are as per
Section 704.06 of the Florida Statutes.
Buffers shall be provided around any wetlands, extending at least fit~een
(15) feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be provided
in accordance with the State of Florida Environmental Resources Permit
Rules and be subject to review and approval by the Current Planning
Environmental Staff.
An exotic vegetation removal, monitoring, and maintenance (exotic-free)
plan for the site, with emphasis on the conservation/preservation areas,
shall be submitted to Current Planning Environmental Staff for
review and approval prior to Final Site Development Plan/Construction
Plan Approval.
Petitioner shall comply with the guidelines and recommendations of the
U S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh
Water Fish Commission (FGFWFC) regarding potential impact to
protected wildlife species. Where protected species are observed on site, a
Habitat Management Plan for those protected species shall be submitted to
Current Planning Environmental Staff for review and approval prior to final
site plan/construction plan approval.
Page 17
l_. j
¢'M'O~ .OZ) ~ ~a ~
L
PARCEL 1
The Northwest quarter (NW %) of th~- NorthWest quarter ~W %)'of-t'h~ Southeast q-ua~te~ ~:i~ t-~,)- ...... :: ........
plus thc Northwest quarter (NW. %) of_the Northeast. quarter (NE %) of-the Northwest quas:ter-(]~'
%) of the Southeast quarter (SE ¼) of Section 18, Township 49 South, Range 26 East, Collier County,
Florida.
PARCEL i] ....
The South one-half (1/2) of the West one-half (1/2) of the East one-half (1/2) of the North one-half
(1/2) of the Northwest quarter (1/4) of the Southeast quarter (I;4) of Section 18, Township 49 South, .
Range 26 East, Collier County, Florida.
PARCEL HI
The East one-half ('E ½) of the East one-half (E ½) of the North one-haif(N ½) of the Northwest one-
quarter {TON ¼) of the Southeast one-quarter (SE %) of Section 18, Township 49 South, Range 26
East, Collier County, Florida.
PARCEL IV
North ½ of the South ½ of the Northwest ~ of the Southeas~ ½ of Section l~, Township 4~ South,
Ran. Re 2~ East, Collier County, Florida.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2000-17
Which was adopted by the Board of County Commissioners on
the 14th day of March, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th day
of March, 2000.
DWIGHT E. BROCK
Clerk of Courts
Ex-officio to Boardi
County Commissioner~
Ellie Hof fman,
Deputy Clerk