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Ordinance 2001-068ORDINANCE NO. 01- 68 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFIC~L ZONING ATLAS MAP NUMBERED 1603N BY CHANGING THE ZON1NG CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE FALLING WATERS BEACH RESORT PUD, FOR PROPERTY LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD (C.R. 951) AND U.S. 41, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 74.37+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-33, AS AMENDED, THE FORMER FALLING WATERS BEACH RESORT LTD., PUD; AND BY PROVDING AN EFFECTIVE DATE. Vamad~' - & ~de~Op, WHEREAS, R. Bruce Anderson of Young, van Assenderp, representing The Skinner and Broadbent Development Company, Inc., petitioned th~.13o~'~'of County Commissioners to change the zoning classification of the herein descend reel: prcip~./ty. NOW THEREFORE BE IT ORDAINED BY THE BO~igFS_X2OUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The Zoning Classification of the herein described real property located in Section 3, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 1603N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 98-33, as amended, known as the Falling Waters Beach Resort Ltd., adopted on April 28, 1998, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this,~i:~'~g day of '7}0,~.~,.~' ,2001. ,, ATTEST: .-'" ~'i~ .~.:~t~E, BROCK, Clerk · . ~;. .. ..... . '-? ~, . : , - ,. Approved as to Form and Legal Sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAME .~D'. CARTER, Ph. DT, CHAIRMAN Marjod~ M. Student Assistant County Attorney CB/im This ordiflar~e flied with the ~ ocf,u,v:wl~eme_~.~ thc~ FALLING WATERS BEACH RESORT A PLANNED UNIT DEVELOPMENT BY FALLING WATERS BEACH RESORT, LTD. NAPLES, FLORIDA PREPARED BY: WILSONMILLER, INC. 3200 BAILEY LANE, SUITE 200 NAPLES, FL 34105 And YOUNG, VANASSENDERP, VARNADOE & ANDERSON, P.A. 801 LAUREL OAK DRIVE, SUITE 300. NAPLES, FL 34108 REVISED MARCH 9, 2001 EXHIBIT "A" 9/14/01- 97301 Vet: 01!- BT)son CA#43 D3455-000-001- ESBM- 26091 SECTION I PROPERTY OWNERSHIP, DESCRIPTION AND STATEMENT OF COMPLIANCE 1.1 PURPOSE The purpose of this section is to provide a legal description of the parcel, state the ownership. and provide a description of the existing conditions of the parcel. 1.2 LEGAL DESCRIPTION A. PHASE I: COMMERCIAL (Parcel "A") A Portion Of Land Located In Section 3, Township 51 South, Range 26 East, Collier County, Florida Being More Particularly Described As Follows: Commencing At The East 1/4 Corner Of Said Section 3; Thence Run South 00°41'31" West 629.67 Feet Along The East Line Of Said Section 3; Thence Run North 54°20'16'' West On A Line 400 Feet North Of And Parallel With The North Right-Of-Way Line Of Florida State Road 90; (U.S. 41) For A Distance Of 608.25 Feet To The East Line Of A Outfall Drainage Easement As Recorded In Official Records Book 83, Page 125 Of The Public Records Of Collier County, Florida; Thence Continue North 54°20'16'' West 3503.15 Feet To The Point Of Beginning Of The Parcel Of Land Herein Described; Thence Continue North 54°20'16'' West 239.00 Feet To The East Right-Of-Way Line Of State Road 951 (100.00' Right-Of-Way); Thence North 35°40'08'' East 220.00 Feet Along Said East Right-Of-Way Line; Thence South 54°20'16" East 239.00 Feet; Thence South 35°40'08'' West 220.00 Feet To The Point Of Beginning. Less And Except The Westerly 50.00 Feet Thereof. (Parcel "B") A Portion Of Land Located In Section 3, Township 51 South, Range 26 East, Collier County, Florida Being More Particularly Described As Follows: Commencing At The East 1/4 Corner Of Said Section 3; Thence Run South 00°41'31" West 629.67 Feet Along The East Line Of Said Section 3; Thence Run North 54°20'16" West On A Line 400 Feet North Of And Parallel With The North Right-Of-Way Line Of Florida State Road 90; (U.S. 41) For A Distance Of 608.25 Feet To The East Line Of A Outfall Drainage Easement As Recorded In Official Records Book 83, Page 125 Of The Public Records Of Collier County, Florida; Thence Continue North 54°20'16" West 3742.15 Feet To The East Right-Of-Way Line Of State Road 951 (100' Right-Of-Way); Thence North 35°40'08'' East 320.00 Feet Along Said East Right-Of-Way Line To The Point Of Beginning Of The Parcel Of Land Herein Described; Thence Continue North 35°40'08'' East 600.00 Feet Along Said East Righ.t-Of-Way Line; Thence South 54°D20'16'' East 239.00 Feet; Thence South 35°40'08'' West 600.00 Feet; 9/14101- 97301 Vet: 01!- Btyson 1 - 1 Thence North 54°20'16'' West 239.00 Feet To The Point Of Beginning. Less And Except The Westerly 50.00 Feet B. PHASE I1: RESIDENTIAL A tract of land lying in Section 3, Township 51 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commencing at the East ¼ corner of Section 3, Township 51 South, Range 26 East, Collier County, Florida; thence run South 00© 41' 31" West for 629.67 feet; thence run North 54© 20' 16" West on a line 400 feet North of and parallel with the North right-of-way line of Florida State Road 90, (U.S. 41) for a distance of 608.25 feet to the East line of a Outfall Drainage Easement as recorded in Official Records Book 83, Page 125 of the Public Records of Collier County, Florida and the Point of Beginning; thence thence thence thence thence thence thence South 54© 20' Easement; thence South 20© 16' continue along said line North 54© 20' 16" West 3503.06 feet; North 35© 40' 08" East 220.00 feet; North 54© 20' 16" West 189.00 feet to the Easterly right-of-way line of State Road S-951; run North 35© 40' 08" East 100.00 feet along said right-of-way line; South 54© 20' 16" East 189.00 feet; North 35© 40' 08" East 600.00 feet; 16" East 3249.77 feet to the Easterly line of said Outfall Drainage 12" West 954.23 feet along said easement line to the Point of beginning. Subject to easements, restrictions and dedications of record. C. PHASE II1: RECREATION PARCEL A parcel in Section 3, Township 51 South, Range 26 East, Collier County, Florida. From the East Quarter corner of Section 3 run with Section line South 0°41'31" West, a distance of 612.57 feet; thence North 89°18'29" West, a distance of 722.35 feet to the intersection of the West right-of-way line of a County Drainage Canal with the North right-of-way line of State Road 90 (Tamiami Trail); thence with said Trail right-of-way line North 54°20'16'' West, a distance of 1327.51 feet to the true POINT OF BEGINNING; thence continue with the Trail right-of-way line North 54°20'16'' West, a distance 220.00 feet; thence North 35039'44'' East, a distance of 400.00 feet; thence South 54°20'16'' East a distance of 220.00 feet; thence South 35°30'44'' West, a distance of 400.00 feet to the POINT OF BEGINNING. Containing 2.02 acres more or less. 1.3 OWNERSHIP The subject property is owned by Falling Waters Beach Resort, Ltd. 8/11/01- 97301 Ve~ 01 t- Btyson 1-2 CA~43 05455-0Q0-001- ESBM- 26091 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located on the east side of Collier Boulevard (CR 951) approximately 400 feet north of Tamiami Trail East (US 41). The site is further described as being bounded on the West by Collier Boulevard (CR 951), on the East by Henderson Creek; on the South by numerous small parcels fronting US 41 which are about 400 feet deep; and on the North by a parcel controlled by Deltona Corporation. The project site contains approximately 76.87 acres of land presently zoned PUD, Planned Unit Development District. The subject property lies within the urban area of Collier County, is serviced with water and sanitary sewer by Collier County and is within the Collier County Water Management District No. 6. 1.5 PHYSICAL DESCRIPTION The subject site is relatively flat with the exception of a swale along Collier Boulevard, CR 951. Elevations range from 5.2 feet to 8.6 feet with the average grade an being elevation of 5.5 feet. Topographic data indicates that the land probably drained southerly before construction of US 41, but that sheetflow pattern is presently obstructed. The property adjacent to the north boundary appears to drain into the abandoned quarry presently being used to store untreated drinking water for the Marco Island public water system and into Henderson Creek. Three soil types are present on the subject property, as depicted by the soil survey for Collier County, Florida. These are 1) Broward fine sand, shallow phase 2) Ochopee fine sand marl, shallow phase and 3) cypress swamp. A natural plant community of slash pine flatwood with palmetto occur on this site along with invading exotic hardwood species. The majority of the site is pine flatwood and cabbage palm. In the areas of the site where scattered pines exist, the understory is composed of saw palmetto along with wax myrtle, saltbush and Brazilian pepper. Where cabbage palms are the dominant canopy, the understory is wild grape and Brazilian pepper. Species of oaks are intermixed throughout the site. There is a small special treatment area in the northeast portion of the site, which will be preserved during development. B/11/01- 97301 Vet: 01!- Btyson 1-3 0:~455-000-001- ESE]M- 26091 1.6 STATEMENT OF COMPLIANCE: The Failing Waters Beach Resort Planned Unit Development is consistent with the Collier County Growth Management Plan for the following reasons: A. The project site is designated Urban Residential and Mixed Use Activity Center on the Future Land Use Map and in the Future Land Use Element. The permitted uses in the commercial portion of the PUD are permitted in the Mixed Use Activity Center designation. The permitted uses in the residential portion of the PUD are permitted in the Urban Residential and Mixed Use Activity Center designations. Properties designated Urban Residential are permitted a base density of up to 4 units per acre. The property lies within the Traffic Congestion Area resulting in the subtraction of one unit per acre (from 4 units/acre to 3 units/acre). Properties designated Mixed Use Activity Center are permitted a density of up to 16 units per acre which can be spread over the entire project. The full density of 16 units per acre is deemed appropriate and is awarded to this site. Fifteen (15) acres of the residential portion of the PUD are within the Mixed Use Activity Center land use designation resulting in 240 units (15 acres X 16 units/acre). Fifty-four and three-tenths (54.3) acres of the residential portion of this PUD are within the Urban Residential land use designation resulting in 216 units (54.3 acres X 4 units/acre). The total number of units permitted by the Density Rating System for this site is 456 for a density of 6.6 units/acre as no other provisions of the Density Rating System to add or subtract density are applicable. Therefore, the density of 6.5 units/acre (451 units) permitted by this PUD conforms to the Density Rating System contained in the Future Land Use Element. B. The project is compatible with surrounding land uses as required by Policy 5.4 of the Future Land Use Element. 8/11/01- g7301 Vet: 01t- Btyson 1-4 03455-000-001- ESBM- 26091 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to describe the general plan of development of the project, including land uses, density and phasing. 2.2 GENERAL Regulations for development of Falling Waters Beach Resort 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." Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Land Development Code. 2.3 PROJECT PLAN The project conceptual plan is shown on the accompanying Exhibit "A", "Master Concept Plan". The drawings show the land use tracts which also include the road right-of-way. In addition to the various areas and specific items shown on Exhibit "A", utility, private, semi-public easements shall be established within the project as necessary for the service, function or convenience of the owners and tenants. 2.4 PHASING Lake excavation will begin upon receipt of the required Excavation Permit. Excavated material may be permitted to be hauled off-site in accordance with Division 3.5 of the Land Development Code. Falling Waters Beach Resort Phase I (Commercial) will be developed as the lake excavation nears completion. Falling Waters Beach Resort Phase II (Residential) will be developed in approximately four (4) phases. Estimates of the construction periods and number of dwelling units in each phase are included in Table I. The sequence, number of units in each phase and type of units in each phase may change during the course of the project as dictated by market conditions, or as demand for certain types of housing becomes evident. 8/11/01- 97301 Vet; 01!- Etlyson 2 - 1 CA~43 03455-000-001- ESBM- 26091 TABLE I ESTIMATED DEVELOPMENT PHASING SCHEDULE Phase Completion No. of Units Start 1 112 1994 2 112 1996 3 112 1998 4 115 2003 The 21.5+ acre lake will be excavated in accordance with Division 3.5 of the Land Development Code. The excavated lake depth will be (-) 6.5 feet NGVD. Excavation material may be permitted to be hauled off-site in accordance with Division 3.5 of the Land Development Code. 2.5 SITE DEVELOPMENT PLAN APPROVAL PROCESS The procedures outlined in Division 3.3 of the land Development Code shall be followed for Site Development Plan approval. A. In the case of residential structures with a common architectural theme, required property development regulations may be reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Section 2.6.27.4.8 of the Collier County Land Development Code. 8/11101-97301Ve~ 01I- 8tyson 2-2 SECTION III COMMUNITY COMMERCIAL 3.1 PURPOSE The purpose of this Section is to indicate the development plan and regulations for the area designated on Exhibit "A" as Community Commercial. 3.2 MAXIMUM SQUARE FOOTAGE A maximum of 73,000 square feet of floor space may be constructed. 3.3 USE PERMITTED A. All permitted (principal) uses and structures as allowed by C-1, Commercial Professional District, as it exists on the date of adoption of this amendment, and also the following: 1. Self storage (SIC 4225). B. Accessory Uses: 3.4 A. Do Accessory uses and structures customarily associated with self storage facilities including resident manager's quarters. Signs as permitted in Division 2.5 of the Land Development Code except that a monument sign shall be allowed in the front yard. No portion of the monument sign shall be beyond the property line. Monument sign must be oriented toward traffic on Collier Boulevard (CR 951). REGULATIONS GENERAL Dimensional requirements, yards and set-backs shall be in accordance with the following: MINIMUM LOT AREA 1.0 acre MINIMUM LOT WIDTH 200 feet MINIMUM YARDS 1. Abutting Collier Boulevard (C.R. 951) - 20 feet 2. Access road between commercial tracts - 25 feet. 3. Side or rear yard - 15 feet. 8/11/01- 97301 Vet; 01!- Blyson 3-1 03455-000-001- ESBM- 26091 Fo MINIMUM FLOOR AREA Ground floor- Minimum 700 square feet. OFF-STREET PARKING REQUIREMENTS As required by Division 2.3 of the Land Development Code in effect at the time Site Development Plan approval is sought. MAXIMUM HEIGHT Thirty-Six (36) feet above the first finished floor of the building. ARCHITECTURAL GUIDELINES 1. Exceptions to the provisions of the architectural guidelines may be granted by the Board of County Commissioners in the form of a PUD zoning district where it can be demonstrated that such exceptions are necessary to allow for innovative design which, while varying from one or more of the provisions of the architectural guidelines of Division 2.8 of the LDC, nonetheless are deemed to meet the overall purpose and intent set forth herein. 2. Due to the linear orientation of the property, non-public pedestrian aspect of the primary use (renters access only to the storage facilities) and the desire to minimize visual and use related impacts to both the residents of Falling Waters Beach Resort and the general public, while at the same time following the intent of the architectural guidelines of Division 2.8 of the LDC, the following standards shall be met for the self-storage use: Buildings Over 20,000 Square Feet Section 2.8.3.5.2. Building orientation standards, - The west facades shall have a minimum of twenty-five percent (25%) of the length of the facade in recesses to a minimum depth of ten (10) feet, a minimum of ten percent (10%) of the fagade area in windows and will substitute pitched roofs covering a minimum of twenty-five percent (25%) of the fa(;ade length in lieu of covered public entry and covered arcade. The pitched roofs shall consist of pyramid roofs which shall have an 8:12 pitch and be a minimum of three (3) feet in height and hip roofs which shall have an 8:12 pitch and be a minimum of eight (8) feet in height. The east fagades shall have a minimum of twenty percent (20%) of the length of the fagade in recesses to a minimum depth of ten (10) feet, windows covering eight percent (8%) of the fagade area and pitched roofs covering a minimum of eighteen percent (18%) of the fagade length. The pitched roofs shall consist of pyramid roofs which shall have an 8:12 pitch and be a minimum of three (3) feet in height and hip roofs which shall have an 8:12 pitch and be a minimum of eight (8) feet in height. Section 2.8.3.5.11.2. Entryway standards, - The intended use of the buildings over 20,000 square feet is self-storage. They are not intended for retail, walk-in customers and therefore no benches, decorative landscape planters, structural or vegetative planters shall be required. In lieu of this requirement, enhanced landscaping shall be planted in the perimeter buffers. This landscape treatment shall include all planted trees which shall be a minimum of 16 to 18 feet in height. 8111101- 97301 Ver: 01!- Eityson 3-2 03455-000-001- ESBM- 26091 Buildings Under 20,000 Square Feet Section 2.8.4.4.2. Building orientation standards, - The east building fa(;ade shall have a minimum of twenty perCent (20%) of the length of the fa(;;ade in recesses to a minimum depth of ten (10) feet and windows covering eight percent (8%) of the fa(;:ade area. The west fa(;ade shall be considered internal. However, if the self-storage use on the South Parcel abuts Collier Boulevard (CR 951), the end fa(;ade facing CR 951 shall meet the architectural guidelines of Division 2.8 of the LDC. In lieu of this requirement, enhanced landscaping shall be planted in the perimeter buffers. This landscape treatment shall include all planted trees which shall be a minimum of 16 to 18 feet in height. Section 2.8.4.4.5. Massing standards, - Paragraphs (1) and (2) shall be met. Paragraph (3) is not required to be met. Section 2.8.4.4.10.2. Entry standards, - The intended use of the building less than 20,000 square feet (other than office) is self-storage. It is not intended for retail, walk-in customers and therefore no benches, decorative landscape planters, structural or vegetative planters shall be required. Buildings Less Than 5,000 Square Feet The office use shall comply with the architectural guidelines of Division 2.8 of the LDC. 3. Other commercial uses within the Community Commercial District, shall adhere to the architectural guidelines of Division 2.8 of the LDC. 8/11~01- 97301 Vet: 01!- Btyson 3-3 SECTION IV 4.1 PURPOSE MULTI-FAMILY RESIDENTIAL The purpose of this Section is to set forth the regulations for the development of Residential uses, Tract B, within Falling Waters Beach Resort as designated on Exhibit "A". 4.2 PERMITTED USES There will be a maximum of 451 dwelling units and one office on the site. No building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, other than the following: A. PRINCIPAL USES 1) 2> 3) 4) 5) Multiple family dwellings, villas, cluster housing and one office. Recreational areas - tennis courts, swimming pool, clubhouse, and other facilities commonly associated with residential development. Commonly owned open tracts (jogging tract, lake, cypress preserve). Water management facilities (owned by owners' association). Commercial excavation. B. ACCESSORY USES 1) 2) 3) 4) Customary accessory uses and structures. Signs as permitted by Division 2.5 of the Land Development Code. Models shall be permitted in conjunction with the promotion of the development, so long as the developer has units for sale. Walls and fences constructed of materials and finished architecturally compatible with the principal structures to which they are accessory, shall be permitted subject to the provisions of Section 2.6.11 of the Land Development Code and this document. 4.3 MINIMUM LOT SIZE AND DENSITY Since the property will not be subdivided, there will be no minimum lot width, depth or area except as established by setback requirements set forth below: 8/11/01- 97301 Ve~ 01~- Btyson 4-1 03455-000-001. ESBM- 28091 4.4 BUILDING SETBACK REQUIREMENTS The dimensions for minimum building setback shall be as follows: 1) 2) 3) 4) 4.5 From all paved streets - 35 feet from pavement edge. From all property lines - 35 feet. From the Henderson Creek maintenance easement - 25 feet. Between structures - 20 feet or '/, the combined heights, whichever is greater. MAXIMUM HEIGHT OF STRUCTURES The maximum height of all dwelling structures shall be 35 feet as measured from the finished floor of the first dwelling level as determined from the Flood Insurance Rate Maps. 4.6 MINIMUM FLOOR AREA The minimum habitable floor area of each dwelling unit shall be 1000 square feet. 4.7 OFF STREET PARKING Off-street parking shall be provided as required by Division 2.3 of the Land Development Code in effect at the time of application for Site Development Plan approval. 4.8 PROJECT LIGHTING Project lighting shall consist of appropriate street and pedestrian oriented site illumination. 4.9 COMMON AREA No structure shall be erected, altered, or used, or land or water uses, in whole or in part, for other than the following: A. Principal Uses 1) 2) 3) 4) 5) 6) 7) Jogging tracts and walking paths. Picnic areas. Tennis courts, swimming pool and similar recreational and sporting activities. Storage of equipment for maintenance of common areas. Uses associated with maintenance of utility services as approved by the Development Services Director. Water management areas and facilities. Preservation area. 8111/01- 97301 Vet: 01!- I~lyson 4-2 CA~43 03455-000-001- ESBM* 26091 4.10 COMMON AREA OWNERSHIP AND MAINTENANCE Common areas will, upon completion of the project, or sooner as agreed to by all parties concerned, come under the ownership of a property owners' association or some such similar organization of residents. This organization will be responsible for the maintenance of common areas under the conditions set forth in Subsection 2.2.20.3.8 of the Land Development Code. The common areas shall not include or be interpreted to include the recreational facilities. 4.11 RECREATIONAL FACILITIES A. Principal Uses 1) 2) 3) 4) 5) 6) 7) Jogging tracts and walking paths. Picnic areas. Tennis courts, swimming pool and similar recreational and sporting activities. Storage of equipment for maintenance of common areas. Uses associated with maintenance of utility services as approved by the Development Services Director. Water management areas and facilities. Preservation area. 8/11/01 - 97301 Vet: 011- Btyson 4-3 SECTION V DEVELOPMENT STANDARDS 5.1 PURPOSE Thepurp°se°fthisSectionistoset~rththestandardsforthedevelopmentofthispr~ect. 5.2 GENERAL All facilities shall be constructed in strict accordance with the Final Development Plan and all applicable State and local laws, codes, and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the current official County Subdivision Code shall apply to this project. 5.3 PUD MASTER DEVELOPMENT PLAN A. Exhibits "A", "B" and "C" Master Concept Plans, illustrate the proposed development. B. The design criteria and system design illustrated on Exhibit "A" and stated herein shall be understood as flexible so that the final design may best satisfy the project the neighborhood and the general local environment. Minor site design alterations may be permitted subject to approval by the Development Services Director in accordance with Subsection 2.7.3.5 of the Land Development Code. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all areas in the project. D. The roadways shown are to remain private. E. The surface water management system will be owned and maintained by a property owners' association. The water management system will utilize a man-made lake for detention of storm flows. Discharge will be to Henderson Creek. The swale along the CR-951 right-of- way will remain and a culvert will be installed at the entrance road. The culvert will be of sufficient size to maintain existing flow. 5.4 PROJECT DEVELOPMENT The proposed construction shall comply with the standards set forth herein and meet Collier County Land Development Code and Building Regulations. 5.5 ENVIRONMENTAL AND DRAINAGE CONSIDERATIONS A. Petitioner shall be subject to the Division 3.9 of the Land Development Code requirement for the acquisition of a vegetation removal permit prior to any land clearing. A site clearing plan shall be submitted to the Planning Services Department for its review and approval 8111/01- 97301 Ver: 01!- Btyson 5-1 CA~43 03455-000-001- ESBM- 26091 prior to any substantial work being done on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict the final site layout, retained native vegetation, roads, buildings, lakes, parking lots, and other facilities to accommodate this goal. B. 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 Planning Services Department for its review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of the site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. C. All exotic plants, as defined in Division 3.9 of the Land Development Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Planning Services Department. D. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at the location shall be immediately stopped and the Planning Services Department Staff notified. Development will be suspended for a sufficient length of time to enable the Planning Services Department, or a designated consultant, to assess the find and determine the proper course of action in regard to its salvageability. The Planning Services 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. E. The boundaries of the "ST" preserve area shall be flagged by the petitioner, and subject to the review and approval of the Planning Services Department. The area shall be fenced off prior to development activity. Only conservation-oriented uses, approved by the Planning Services Department, will be allowed in this preserve area. F. The petitioner shall consult the U.S. Army Corps of Engineers and the Florida State Department of Environmental Protection (DEP) concerning the possibility of wetlands jurisdiction over some areas on site. G. In the site development plan process, the petitioner shall make every effort to incorporate mature oak trees in their existing locations into the project landscaping. This may require the relocation of buildings, parking areas, or other impervious surfaces to allow for the preservation of the trees. Oaks, which cannot be accommodated as such, may be transplanted to other areas on site. H. Littoral zones of the lakes shall maintain a slope of 6:1 to a depth ,of 4 feet. All littoral zones shall be revegetated with native aquatic species, and the encroachment of exotic vegetation in these areas shall be controlled. 8/11/01. 97301 Vet: 01t~ Btyson 03455-000-001. ESBM. 26091 I. Detailed site drainage plans shall be submitted to the Planning Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Planning Services Department. J. The stormwater generated by this project shall be directed toward the south/southwest section of the project site. K. There shall be no on-site disposal of sewage effluent. L. A twenty (20) foot wide strip of land along the entire Henderson Creek frontage shall be reserved for use as a future easement for canal widening and maintenance purposes. M. The Collier County Pollution Control Department shall review future site development plans and plats associated with the commercial parcel. If the Collier County Pollution Control Department, or any other County department, requests or requires the monitoring of the wells near the rock quarry pit to the north, the petitioner shall provide such monitoring of the wells and submit the resulting data to the appropriate County departments. 5.6 EASEMENTS FOR UNDERGROUND UTILITIES Easements for underground utilities such as power, telephone, TV cable, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing of vegetation within the easements for installation of underground utilities shall be selective so as to protect the maximum number of trees and natural vegetation. 5.7 WATER AND SEWER 1) Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier county Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 2) All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. 3) The on-site water distribution system to serve the project must be connected to the District's 20 inch water main on the north side of S.R. 951 consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, dead-end mains shall be eliminated by looping the internal pipeline network. 8/11/01- 97301 Vet: 01!- Btyson 5-3 4) The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station. The developer's engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's Sewer Master Plan. 5) The existing off-site water facilities of the district must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. 6) The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 5.8 SOLID WASTE DISPOSAL The County's approved solid waste disposal service shall provide for solid waste collection service to the Falling Waters Beach Resort project area. 5.9 OTHER UTILITIES Telephone, power, and TV cable service shall be made available. All such utility lines shall be installed underground. 5.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with or following the construction of the principal structure and shall conform with the setbacks and building separations as delineated by Section 2.6.2 of the Land Development code. 5.11 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development code except as provided in Section II1. 5.12 LANDSCAPING AND BUFFERING All required landscaping and buffering shall be in accordance with Division 2.4 of the Land Development Code. 8111/01- 97301 Ver: 01!- Blyson 5-4 03455-000-001. ESBM- 26091 5.13 WATER MANAGEMENT Detailed site drainage plans for each individual parcel shall be submitted to the Planning Services Department for review at the time of development. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Planning Services Department. 5.14 TRAFFIC IMPROVEMENTS Subject to Collier County Department of Transportation approval, the developer, his assigns or successors, shall provide the following: 1) The developer has provided left and right turn lanes on Collier Boulevard (C.R. 951) at the project entrance. 2) The developer shall provide a fair share contribution toward the capital cost of a traffic signal at the project entrance when deemed warranted by the County Engineer. The signal will be owned, operated and maintained by Collier County. 3) The developer has provided 50 feet of right-of-way along the east side or Collier Boulevard (C.R. 951) for turn lanes, bikeways, and drainage purposes 4) These improvements are considered "site related" as defined in Collier County Ordinance No. 2001-13, and shall not be applied as credits toward any impact fees required by that Ordinance. Transportation impact fees shall be in accordance with the fee schedule set forth in Collier County Consolidated Impact Fee Ordinance No. 2001-13. 5.15 ACCESS TO U.S. 41 Access shall be provided to U.S. 41 East generally in the area shown on the PUD Master Concept Plan, Exhibit "A", with the following conditions: 1) Left and right turn lanes shall be provided at the entrance if and when required by FDOT. The entrance road intersection with U.S. 41 shall include arterial level street lighting at the time it is constructed. 2) The developer shall provide a fair share contribution toward the capital cost of a traffic signal at the emergency entrance when deemed warranted by the County Engineer. The signal will be owned, Operated and maintained by Collier County. 3) These improvements are considered "site related" as defined in Collier County Ordinance No. 2001-13, and shall not be applied as credits toward any impact fees required by that Ordinance. Road impact fees shall be in accordance with the fee schedule set forth in Collier County Consolidated Impact Fee Ordinance No. 2001-13. 8/11/01- 97301 Vec 01!- Blyson {5-5 0345S-000.001. ESBM- 26091 5.16 POLLING PLACES Polling places shall be permitted as provided for in Section 2.6.30 of the Land Development Code. 5.17 ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY All commitments in the PUD document shall be met by the developer prior to issuance of the final Certificate of Occupancy. 5.18 PLATTING Platting, if required, shall be in accordance with Division 3.2 of the Land Development Code. Platting shall be required, if units are to be sold fee simple or if the project is developed as an integrated phased development, in accordance with Section 3.2.4.4 of the Land Development Code. 5.19 BUFFERING A landscape buffer in accordance with Section 2.4.7, Alternative B, of the Land Development Code, shall be provided around the entire perimeter of the site except a more stringent buffer shall be provided if required by Section 2.4.7. 8111/01- 97301 Vet': 011- Btysoo 03455-000-001. ESBM- 26091 5-6 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. 2001-68 Which was adopted by the Board of County Commission~B the 27th day of November, during Regular Session. WITNESS my hand and the official seal of the Board County Commissioners of Collier County, Florida, this 29t~ay~ of Nove~er, 2001. DWIGHT E. BROCK.' ............. Clerk of Cou~t,~., ,'_~d~f ~t~'r.k Ex-officio .~Q....B,?a~d 'of.: ,'"- County Com~§~,~ ~"e rs. By: Ellle ~o'~f~anv. '~,-~' ~ Deputy