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Ordinance 2001-071ORDINANCE NO. 01- 71 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 OFFICIAL ZONING ATLAS MAPS NUMBERED 8616N AND 8616S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE TERAFINA PUD LOCATED APPROXIMATELY 1.5 MILES EAST OF 1-75, ONE MILE NORTH OF IMMOKALEE ROAD (C.R. 846), IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 646.5+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole Montes, Inc., representing Robert Vocisano and Angelo Favretto, 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 County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 16, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the Terafina PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8616N and 8616S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. 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 County, Florida, this 2~,a~ day of .-' ~,-.~ ~ d~ -' ,-;~. ." *Z" , 7ffTEST:, ' '- Approved as to Fern and Legal Sufficiency ivia~g~6~M, student Assistant County Attonl~ ~ ,2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: AME~C~~ -- J ~ TER, Ph. D., CHAIRMAN This i3rdincmce flied with the g/admin/PUD-2000-21/RB/im TERAFINA A PLANNED UNIT DEVELOPMENT PREPARED BY: HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 HM PROJECT 1995087 REVISED BY HOLE MONTES ON NOVEMBER 29, 2001 REVISED BY COLLIER COUNTY ON OCTOBER 23, 2001 REVISED AUGUST 9, 2001 REVISED JULY, 2001 REVlSED JUNE, 2001 REVISED FEBRUARY, 2001 DECEMBER, 2000 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals EXHIBIT "A" 1 SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION VIII TABLE OF CONTENTS Page Statement of Compliance .................................................................................... 3 Property Ownership, Legal Description, Short Title and Statement of Unified Control .............................................................................. 4 Statement of Intent and Project Description .......................................... 5 General Development Regulations ..................................................... 6 Preserve Area Requirements .......................................................... 10 Permitted Uses and Dimensional Standards for Residential Development ..... 11 Permitted Uses and Dimensional Standards for Golf Course ..................... 14 Development Commitments ........................................................... 16 EXHIBITS Exhibit A - PUD Master Plan Exhibit B - Legal Description 2 SECTION I STATEMENT OF COMPLIANCE The development of 646.5 acres of property in Section 16, Township 48 South, Range 26 East Collier County, Florida, as a Planned Unit Development to be known as the Terafina PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The residential component of the project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Groxvth Management Plan for the following reasons: The property is located in the Urban Mixed Use District, Urban Residential Sub-district as depicted on the Future Land Use Map. The proposed gross density of 1.3 dwelling units per acre is consistent with the Future Land Use Element of the Collier County Management Plan, which allows up to four (4) dwelling units per acre at this location or a maximum of 2,586 dwelling units. The total number of dwelling units proposed is eight hundred and fifty (850) on + 141 acres proposed for residential use. The subject property's location in relation to the existing or proposed community facilities and services supports the development's residential density as required in Objective 2 of the Future Land Use Element. 3. The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. G of the Future Land Use Element. o The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. o All final development orders for this project are subject to the Collier County Concurrency Management System. as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land Development Code and further required by policy 2.3 of the Future Land Use Element. SECTION II PROPERTY OWNERSH~, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 Property Ownership Robert Vocisano and Angelo Favretto are co-trustees for the owners of the subject property. 2.2 Legal Description Section 16, Township 48 South, Range 26 East, Collier County, Florida, and, more particularly, described in Exhibit "B". 2.3 General Description of Property The property is located approximately 1.5 miles east of 1-75, and one (1) mile north of Immokalee Road. 2.4 Physical Description The subject property is vacant at the time of the application for rezoning. This site currently drains from the northeast to the southwest. Soil types on the site are (3) Malafar Fine Sand; (7) Immokalee Fine Sand; (14) Pineda Fine Sand & Limestone Substratum; (21) Boca Fine Sand; and (25) Boca, Rivieria, Limestone Substratum, and Copeland Fine Sands, depressional (16) Oldmar Fine Sand (10) Oldsmar Fine Sand Limestone Substratum. The property is located in Flood Zone X. The zoning classification prior to the date of approval of this PUD was Agricultural (A). Short Title This Ordinance shall be known and cited as the "Terafina Planned Unit Development Ordinance". 2.5 Statement of Unified Control This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. 4 SECTION STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 Introduction It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in Section 2.2.20 of the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 Proiect Description The project contains 646.5 acres and includes land area for residential and golf course development including preservation areas comprising two hundred and seventy four acres. Total open space proposed is approximately seventy percent. The maximum number of dwelling units permitted is eight hundred fifty (850). Access will be provided from an existing sixty-foot (60') wide easement that is located along the western property line that provides access to the south to Immokalee Road and future access for lands located to the north. 3.3 Land Use Plan and Proiect Phasing Ao The PUD Master Plan provides for areas of commercial and residential use, water management areas, and retained vegetation areas and road rights-of-way as depicted on Exhibit "A". The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of Site Development Plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. The anticipated time of build-out of the project is approximately eight (8) years from the time of issuance of the first building permit, or 2008. However, actual build-out will depend on market conditions. SECTION W GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Terafina Planned Unit Development and Master Plan. 4.1 General 4.2 4.3 The following are general provisions applicable to the PUD Master Plan: Ao Regulations for development of the Terafina PUD shall be in accordance with the contents of this document, the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Collier County 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. The developer, his successor or assignee, agree to 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. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the Terafina PUD shall become part of the regulations that govern the manner in which this site may be developed. 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 LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. Eo Unless specifically waived through any variance or waiver provisions of any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. Site Cleating and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval. Easements for Utilities Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with the applicable regulations in effect at 6 the time construction plans and plat approvals are requested. Easements dedicated to Collier County shall be counted toward the County's open space and the retention of native vegetation requirements. 4.4 Amendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested. 4.5 Project Plan Approval Requirements Exhibit "A", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to, or concurrent with PUD approval, a preliminary subdivision plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the subdivision regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4.6 Provision for Offsite Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition ora "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 4.7 Sunset and Monitoring Provisions 4.8 4.9 4.10 4.11 4.12 The Terafina PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. Polling Places Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier County Land Development Code. Native Vegetation The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. The preserve areas depicted on the PUD Master Plan comprise a total of 274.5 acres or forty-two (42) percent of the total site area and far exceed the minimum preservation area requirement of twenty-five (25) percent. Open Space In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be allocated within each subsequent development area. Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC. Archaeological Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. Common Area Maintenance 4.13 4.14 Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. Architectural and Site Design Standards Development of commercial uses shall meet the requirements of Division 2.8 of the LDC. Signage All signage shall be in accordance with Section 2.5 of the Collier County Land Development Code, as applicable. 4.15 Off Street Parking and Loading All off street parking and loading facilities shall be in accordance with Division 2.3 of the 4.16 4.17 Collier County Land Development Code. Landscaping All landscaping shall be in accordance with the requirements of Division 2.4 of the Collier County Land Development Code. Work Force Housing The owner of the subject property agrees to provide to Collier County at no cost up to 1,736 dwelling units which is the difference between the maximum number of dwelling units permitted by the Collier County Growth Management Plan and the 850 dwelling units authorized by the Terafina PUD for the purpose of assisting the County's work force housing program. Those dwelling units shall be transferred to other locations under any terms and conditions the County deems necessary to achieve the goals of the work force housing program. 5.1 5.2 SECTION V PRESERVE AREA REQUIREMENTS PURPOSE The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. PERMITTED USES The PUD Master Plan provides for 274.35 acres for upland and wetland preserve areas or forty two (42) per cent of the total site area. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures: A. Permitted Principal Uses and Structures: 1. Passive recreation areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Preserve Areas, after the appropriate environmental review. B. Any other use deemed comparable in nature by the Development Services Director. l0 SECTION VI 6.1 PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the Terafina PUD designated for residential development on the PUD Master Plan, Exhibit "A". 6.2 6.3 Maximum Dwelling Units A maximum of eight hundred and fifty (850) dwelling units is permitted on areas designated "R" on the PUD Master Plan. Dwelling units may be single or multifamily. Guesthouses which are a permitted accessory use will be deducted from the total number of dwelling units permitted. General Description The PUD Master Plan designates the following uses for the general use designations on said Master Plan. AREA ± ACRES ± PERCENTAGE 1. Residential 141.00 21.8 2. Lakes 56.08 8.7 3. Golf Course 126.76 19.6 4. Preserve Area 274.35 42.4 5. Club House Area 7.00 1.1 6. Maintenance Facility 1.80 .3 7. Right-of-way 39.50 6.1 646.49 100 The total open space area is seventy-one (71%) percent and comprises golf course, preserve, lake and buffer areas. The approximate acreage of the residential areas is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or final subdivision plat approval in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Residential areas are designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses typically found in residential areas. 11 6.4 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 2. 3. 4. 5. 6. Single family detached dwellings Zero-lot line dwellings Two-family and duplex dwellings Single family attached and townhouse dwellings Multi-family dwellings, including garden apartments Any other housing type which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible with residential uses. B. Accessory Uses and Structures Accessory uses and structures customarily associated with principal residential uses permitted in this District, including recreational facilities, maintenance facilities, a clubhouse, and guesthouses on lots greater than one (1) acre, not to exceed forty (40) percent of the size of the principle structure. 6.5 Development Standards TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES SINGLE ZERO TWO SINGLE MULTI- AND STANDARDS FAMILY LOT FAMILY FAMILY FAMILY DETACHED LINE & ATTACHED DWELLING DUPLEX AND TOWNHOUSE Minimum Lot Areas 6,000 S.F. 3,500 S.F. 3,500 3,000 S.F. per 1 AC S.F.(x) d.u. Minimum Lot Width (2) 50 35 45 30 100 Front Yard 20® 15 15 20 20 Side Yard (3) 6.0 0 or 12(3) 0 or 6 0 or 12(3) 0 or .5 BH Rear Yard Principal 20 20 20 20 25 Rear Yard Accessory 10 10 10 10 10 Maximum Building 35 35 35 35 35 Height Distance Between N/A N/A N/A 10 .5 BH Structures Floor Area Min. (SF) 1600 1400 1200 1200' 1200 All distances are in feet unles~ otherwise noted. BH = Building Height 12 Notes Each halfofa duplex unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum lot area of seven thousand (7,000) square feet. Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a twelve (12) foot sideyard. Single-family dwellings, which provide for two (2) parking spaces within an enclosed garage and provide for guest parking other than private driveways may reduce front yard requirements to five (5) feet for the garage and fifteen (15) feet for the remaining structures. Side entry garage setbacks maybe reduced to twelve (12) feet. Ao Bo Co Guest suites in the clubhouse area shall be a minimum of six hundred (600) square feet in area. See also Section VII. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty-five (25) feet above grade. Development of individual tracts has not been finalized at the time ofrezoning with respect to the particular type of residential dwellings. The location and mixture thereof, will be based upon the following factors as are deemed appropriate by the Development Services Director for the harmonious development of each tract with a minimum of interference between different housing types based on the following criteria. 1. Physical separation of housing types into discrete areas. 2. Landscape or constructed barriers between different housing types meeting at a minimum the standards of Division 2.4, Landscaping of the Collier County Land Development Code. 3. Separation of housing types by common amenities. 13 7.1 7.2 SECTION VII PERMITTED USES AND DIMENSIONAL STANDARDS FOR GOLF COURSE Purpose The purpose of this Section is to set forth regulations for the area designated as Golf Course on the PUD Master Plan. Permitted Uses and Structures No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 2. 3. 4. Golf Course Golf clubhouse and country club Water management facilities Guest suites B. Permitted Accessory Uses and Structures o Pro-shop, practice driving range, and other customary accessory uses for golf courses or other recreational facilities. Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses intended to exclusively serve patrons of the golf and country club or other permitted recreational facilities. Shuffleboard courts, swimming pools, and other types of facilities intended for recreation. Tennis and other racquet sports courts. Maintenance shops and equipment storage. Non-commercial plant nursery. C. General Requirements o Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. Buildings shall be set back a minimum of rift3, ('50) feet fi.om abutting residential districts and twenty-five (25) feet fi.om tract boundaries and the setback areas shall be landscaped and maintained to act as a buffer zone. Lighting facilities shall be arranged in a manner, which will protect roadways and neighboring property from direct glare or other interference. Maximum height shall be fifty-feet (50') above the finished grade of the lot. 14 The off-street parking will be as required by the Collier County Land Development Code. Landscaping shall be provided as required by the Collier County Land Development Code. The total number of guest suites will be govemed by the maximum number of dwelling units permitted in the Terafina PUD as set forth in Paragraph 6.2 of this ordinance. o The minimum floor area of guest suites shall be six hundred (600) square feet and they may be attached or detached from the clubhouse and are available for only residents or their guests. 15 SECTION vm DEVELOPMENT COMMITMENTS 8.1 Environmental Standards The purpose of this Section is to set forth the environmental commitments of the project developer. Ao Vegetative Preserve Areas depicted on the PUD Master Plan are permitted for open space and passive recreational uses only. Vegetated preserve areas may be reconfigured provided all other applicable requirements of this Ordinance are met. All preservation areas shall be designated as 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. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 of the Collier County LDC. For this site, a minimum of 274.35 acres of native vegetation shall be retained on site. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the Preservation Area, shall be submitted to the Current Planning Section Staff for review and approval prior to final site plan/construction approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction approval. Fo The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. Go Portions of the PUD designated as a preserve area along the eastern portion of the property will be connected as a flow-way with lands to the south in the Olde Cypress PUD District and lands to the east in the Marisol PUD District to improve water management function in the general area and to lessen flooding. 16 8.2 Transportation Requirements The purpose of this Section is to set forth the transportation commitments of the project development. The developer shall provide arterial level street lighting at the project entrance. Such lighting shall be in place prior to the issuance of any certificate of occupancy. The road impact fee shall be as set forth in the Collier County Consolidated Impact Fee Ordinance No. 2001-13 and shall be paid at the time building permits are issued or as provided for by the Adequate Public Facilities Ordinance. Co Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. Roads internal to the project serving the residential uses shall be private and dedicated to the Homeowners Association for perpetual maintenance. Fo The developer shall provide turn lanes at the project entrance prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right-of-Way Manual and Ordinance 82-91. The developer shall make a fair share contribution towards the capital cost of traffic signals at the project entrance when deemed wan'anted by the Transportation Services Administrator, or designee, which is anticipated to be necessary for the efficient distribution of traffic in the general area. These signals will be owned, operated and maintained by Collier County. Ho An additional twenty (20') feet of right-of-way will be provided along the westem edge of the Terafina Development to provide for a total of eighty (80') feet of right- of-way along the extension of Logan Blvd. A sixty (60') foot right-of-way presently exists. The developer of Terafina will construct the extension of Logan Blvd. to the proposed project entrance for Terafina. The additional road right-of-way will be dedicated to Collier County at the time of platting or within ninety (90) days upon request from Collier County. The developer may commence on site horizontal construction only within Terafina at the time that the four laning oflmmokalee Road is complete up to C.R. 951. Jo The developer agrees to fund up to $500,000 in exchange for impact fee credits for improvements to the intersection of Oaks Blvd and Immokalee Road at the time of the issuance of the first certificate of occupancy for a residential structure. 8.3 Utility Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the 17 project A. Bo developer. Water distribution, sewage collection and transmission and interim water and/or sewage treatment 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. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off- site sewer facilities are available to serve the project. Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities. 8.4 8.5 The utility construction documents for the project's sewerage system shall contain the design and construction of an on-site force main, which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage, when connection to the County's central sewer facilities becomes available. Engineering Requirements mo Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. A copy of the SFWMD Surface Water Management Permit must be received by the Development Services staff prior to any construction drawing approvals. Co Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the fight-of-way and tracts shown on the PUD Master Plan. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County Ordinances or Codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to preliminary subdivision plat, site development plan and any other applications that will result in the issuance of a final development order. Water Management Requirement.q The purpose of this Section is to set forth the water management commitments of the project 18 developer. Ao Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.4.7.3 of the LDC. The wet season water table elevation shall be established at the time of South Florida Water Management District (SFWMD) permitting, which is required for the subject property. A surface water management permit must be obtained from the SFWMD prior to any subdivision or site plan approval. Should the extension of Logan Blvd. be constructed by The Parklands, Terafina will provide for the necessary area for storm water management within the boundaries of Terafina to advance the construction of this roadway providing the necessary permits are obtained by The Parklands. 19 EXHIBIT B LEGAL DESCRIPTION ALL OF SECTION 16, TOWNSHIP 48 SOUTH, RANTE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO PHOSPHATE, MINERAL, METAL AND PETROLEUM RESERVATIONS RESERVED TO THE STATE BOARD OF EDUCATION IN DEED RECORDED IN DEED BOOK 37, PAGE 93, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND EXCEPTING THE WEST 60 FEET AND WEST 2,670 OF THE SOUTH 60 FEET AS A ROADWAY EASEMENT FOP. INGRESS AND EGRESS. C:~Documents and Settings~bellows_r\Local Settings\Temporary Interact Filcs\OLK1C~EXHIBIT B - LEGAL DESCRIPTION.doc 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 and correct copy of: ORDINANCE 2001-71 Which was adopted by the Board of County Commissioners on the 27th day of November, 2001, durin9 Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of December, 2001. DWIGHT E. BROCK Clerk of Sourt~ Ex-officio to Boa~ County Commis s ione By: Ellie Hoffman, Deputy Clerk