Ordinance 98-073 ORDINANCE 98-73
AN ORDINANCEAMENDING 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 ATLASMAP
NUMBERED 0617S BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS WINDSONG, FOR PROPERTY
LOCATED ON THE NORTHWEST CORNER OF
RATTLESNAKE HAMMOCK ROAD (CR-864) AND
COUNTY BARN ROAD, IN SECTION 17, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 37.6 ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 88-6, AS AMENDED, THE FORMER
WINDSONG PUD; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Bruce J. Siciliano, AICP of Agnoli, Barber & Brundage,
Inc., representing Uri Eli-Av, Elias Brothers, Inc., 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;
SECTION ONE:
The Zoning Classification of the herein described real property
located in Section 17, Township 50 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 Of~..ial
Zoning Atlas Map nudered 0617S, as described in Ordinance Number91-102,
the Collier County Land Development Code, is hereby amended accordingly.
SECTION TWO:
Ordinance Number 88-6, as amended, known as the Windsong PUD,
adopted on January 12, 1988 by the Board of County Commissioners of
Ellier County, is hereby repealed in its entirety.
CTION THREE:
This Ordinance shall become effective upon filing with the
Department of State.
-1-
PASSEO AND OULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this~_a~ day of~F=~, 1998.
ATTEST: BOARD OF COUNTY COMMISSIONERS
' '~ ' ' ' < '~ BAR~
Legal Su'~ffc~eh~"
This oralink.r- ::' '
~ ~nd ockn~ledgement
f/~D-87-33
-2-
WINDSONG
PLANNED UNIT DEVELOPMENT AMENDMENT
37.6 Acr~ Located in Section 17,
Township ~0 South, Rlnge 26 East,
Collier C:ounly, lqortda
PREPARED BY:
AGNOLI, BAR~ER & BRUNDAOE, INC.
7400 TAMIAIvlI TRAIL NORTH
NAPLES, FLOP, XDA 3410~
ABB PROJECT NO. 7653/X003
July, 199g
PREPARED FOR:
ELIAS BROTHERS, INC.
1805 W. CROWN POINTE BLVD.
NAPLES, FLORIDA 34112
AND
DR. RICHARD ZEHNER
310 W. MARYET STREET
ORWIGSBURG, PA 17961
Dat~ Amendment Filed
DateA,mn~dmentApptovedbylM:C 9/8/98
A. menchnentAud!~.q:wml0tdinau4~N,-,,b~' 88-6
EXHIBFfA
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS i
SECTION I
STATEMENT OF COMPLIANCE ...................................................................I-1
SECTION II
STATEMENT'OF INTENT
PROPERTY OWNERSHIP & DESCRIPTION ................................................ 2-1
SECTION Ili
GENERAL DEVELOPMENT REGULATIONS ............................................. 3 - 1
SECTION IV
GENERAL DEVELOPMENT COMMITMENTS ........................................... 4-1
LIST OF EXHIBI'I'S
EXHIBIT A P .U.D. Ma.s'ter Plan, ABB File NO. 6596
EXHIBIT B UTILITIES DEPARTMENT MEMORANDUM
DATED AUGUST 21, 1987
SECTION I
STATEMENT OF COMPLIANCE
The development of approximately 3 7.6 acres of property at the northwest comer of County Barn
Road and Ratticsnak~ Hammock Road (C.R. 8(>4) in Collier County, as a Planned Unit Development
to b~ known as Windsong and permitting 145 residential single family dwelling units, including
zero lot lines units as defined by DIV. 6.3 of the Collier County Land D~velopment Code on, 37.6
acres will be in compliance with the goals, objectives and policies of Collier County Growth
Management Plan for the following reasons.
ReSidential Project
1. The subject property is within the Urban Residential Ls.nd Use Designation as identified on
the Future. Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 ofthe Funre:
Land Use Element.
2. The subject property's location in relation to existing or proposed community facilities and
services permits the development's residential density as required in Objective 2 of the
Future Land Use Element.
3. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
4. Improvements arc planned to be in complian~ with applicable land development t~gulations
as set forth in objective 3 of the Future Land Use Element.
5. The project development will result in an efficient and economical extension ofcommunity
facilities and services as required in Policies 3.1 .H and L of the Future Land Use Elament.
6. The project development is planned to incorporate natural systems for wata management
in accordanc~ with their natural functions and'capabilities as may be required in forthcoming
regulations required by Objective 1.5 of the Drainage Sul>-Element of the Public Facilities
Element.
7. The residential density of approximately 3.86 dwelling units per acre (145 single family
dwelling units on 37.6 acres) is in complianc~ with tlg future land use element via Policy
as this PUD results in a reduction in density from th~ prn, ious PUD (Ordinanc~ W93-74)
which permitted 134 single and multi-family dwelling units on 33.6 acres and 104 ACLF
units on 4 acres.
o6-gasu..k,~ I -1
SECTION II
STATEMENT OF INTENT
PROPERTY OWNERSHIP AND DESCRIPTION
2.1 PURPOSE
The purpose of this section is to outline the description of the subject property, including
the legal description, general description of the property area, physical description,
project description, ownership and the Statement oflntenL
2.2 LEGAL DESCRIPTION
The southwest ~ of the southwest ~ of Section 17, Township 50, Range 26 East, Collier
County, Flodda, less and except the mad right-of-way for County Barn Road and
Rattlesnake Hammock Road.
2.3 PROPERTY OWNERSHIP
Fee Simple Owner:. Dr. Richard F. Zehner
310 West Market Street
Orwigsburg, PA 17951
2.4 GENERAL DESCRIPTION OF PROPERTY AREA
Located in eastern Naples, the subject site is surtoundad by urban development with multi-
fnmily housing and the Lely Resort to the south, a mobile home neighborhood to the east,
a multi-family neighborhood on the west and Riviera GolfEstateal to the north.
2.5 PROJECT DESCRIPTION/STATEMENT OF INTENT
It is the sponsor's intention to create a gated single family residential, development The
development shall be located around a mnnmade lake and areas of natural vegetation which
enhance the development with natural beauty and a neighborhood recreation/pool area.
2-1
The revised PUD Master Plan proposes to delete all multi-family and ACLF units to create
an amctive, secure single family neighborhood oriented around an enlarged central lake,
and a native pine fiatwoods conservation area abutting County Barn Road. A community
recreation area and pool within two to three minutes walking distance of all homes is also
proposed.
The existing PUD currently permits 134 single family and multi-family units at a density of
4 dwelling units/ac, an ACLF of 104 units on four acn:s and a conseh, a~on area of 1.2 acres.
The revised PUD Master Plan proposes a reduction in density and intensity and a substantial
incr~se in Native Conservation Area and open space. All multi-family and ACLF units are
also deleted. The new development progrim proposes 145 units at a gross density of 3.86
~ units/acres. N4tivc conservation area has been increased from 1.2 acres to approximately
6.1 acres, an increase of 500%.
The new PUD represents a subsiantial improvement in design quality by creating a well-
conceived secure single family neighborhoed. In contrast, the existing master plan consists
of tl~ec unrelated uses without any sense of neighborhood focus or environmental
sensitivity.
A_cc,~__s to Windsong will be via an enwance along Rattlesrake Hammock Road at an existing
median opening. Rattlesnake Hammock Road was recen~y widened to a four-lane, divided
facility. A temporary construction access along County Barn Road is also proposed.
2.6 SHORT TITLE
This Ordinance s~lail be known and cited as the WINDSONG P.U.D. Ordinance.
2.7 PHYSICAL DESCRIPTION
The subject propcrW is located in Eastern Naples in Collicr County and consists of 376+
acres of land. The site possesses frontage on both Rotticsnake Hammock Road and County
Barn Road, both of which ar~ County maintained ~ and collector roads. Access to the
site is proposed at existing median openings on both roadways, A wetland ~ near the
cen~ of the site and is vegetated with pine/cypress with invasion ofmelaleuct Because the
site is surrounded by urban development, the natural drainage patterns have been
significantly altered.
SECTION III
GENERAL DEVELOPMENT REGULATIONS
3.1 PURPOSE
The purpose of this ~ection is to delineate and generally de~--fibe the project plan of
development, the respective land uses included in the project, and the development criteria.
3.2 GENERAL
Eegula~qns for development shall be in accordance with the content~ of this document,
PUD-Plmmed Unit Development District and other applicable getion~ ~nd pare of the
"Collier County Land Development Code and Growth Management Plan". l~idential m
designated on the Master Plan are to accommodate single family homing including zero lot
line units u defined by DIV. 6.3 of the Collier County Land Development Code, essential
MODEL UNITS AND SALES FACILITIES
A. In conjunction with the promotion of the development, rnidential units may be
designated as models. Such model units shall be governed by Section 2.633.4 ofthe
Collier County Land Development Code.
B. Temporary sales trailers and construction trailers can be placed on the site afar Site
Development Plan approval and prior to the recording of the Subdivision Plats,
subject to the other r~quirt-Tnents of Section 2.6.33.3 of the Land Development Code.
3.3 PERMITTED USES AND STRUCTURES
No building or rcructug, or part thereof, shall be erected, altered, or used, or land or w~tet
used in whole or in part, for other than the following:
1. PERMITtED PRINCIPAL USES AND STRUCTURES:
I) Single family dwellings, including zero lot line, units punuant to DIV 6.3 ofthe
CCLDC detached single family homes;
2) Water management retention and lake areas;
3) Conservation srea.
2. PERMITFED ACCESSORY USES AND STRUCTURES:
1) Customary accessory uses and structure;
2) Signs;
3) Essential services, including interim utility plants;
4) Recreational facilities;
5) Gatehouse;
6) Swimming pools with screen enclosures.
3.4 PERMITTED MAXIMUM NUMBER OF DWELLING UNITS
One hundred a~d forty-five (145) residential dwelling units.
3.5 MINIMUM STANDARDS
Minimum standards for parking, landscaping, lighting, and signage, and other standards not
specified herein, shall be in conformance with applicable County standards in effect at the
time building permits are sought
3.6 PROJECT DENSITY
The total acreage of Windsong is approximately 37.6 acres. The maximum number of
dwelling units to be built on the total acreage is 145. The number of dwelling units per gwss
acre on the residential tracts is approximately 3.86.
3.7 LAKES AND RETENTION
A proposed lake and stormwater retention nre~ has beer, ~ited in proximity to the existing nnd
proposed roadways to permit optimum use of the land, increase the efficiency of the water
management system, and enhance the pmject's overall aesthetic character. Exhibit 'A' -
PUD Master Plan shows the proposed location of the lake and retention ~ Accordingly,
the setback r~luirements described in the Collier County Excavation Reg~l_n~onn may be
reduced with the approval of the Development Savices Director. Excavated material h an
mount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume
excavated may be removed from the development.
o6-93m.6oc 3 -2
WINDSONG
DEVELOPMENT STANDARDS
SINGLE FAMILY
PERMITTED USES ZERO
STANDARDS DETACHED LOT LINE***
MINIMUM SITE 7500 3850
AREA SF SF
$
SITE WIDTH 70' 35'
MIN. AVG.(excc'pt
cul-de-sacs)
SITE DEPTH ! 10' 110'
MIN. AVG.
SIDE YARD 5' 0 OR 5'
FRONT YARD 20 20'
LAKE BANK 10' 10'
SETBACK *
REAR YARD 15' 15'
SETBACK**
MAX. BUILDING 35' 35'
EIGHT. (IT.)
DIST. BETWEEN 10' 0 OR 10'
PRINCIPAL STR.
FLOOR AREA 1000-' 1000-'
MINIMUM (SF) I Story I Story
1200- 1200-
2 Story 2 Story
· ~$ectlonJ. 7
· * Rear saba~:t i~ i O' for accessory usa and #tructur~s.
· ** AI dgfina by DIE ~. S o[~ Collar Co,ggt Land Dt~lop~tnt
3.1~ LANDSCAPE BUFFER
A landscape buffer shall be established around the perimeter of the property in accordan~
with the standards of Section 2.4.7, Alternativs B, of the Land D~vfiopment Code. The
landscape buffer that is shown on the PUD Master Plan is 20' wide.
3.9 POLLING PLACES
Polling plac~es ~hall be a permitted us~ for the Supervisor of Ele~ions in c, onformanc~ with
Section 2.6.30 of the Land Development Code.
3.10 SITE DE~'ELOPMENT PLAN APPROVAL
Si~ d~wlopment plan approval shall be as set forth in Division :~.3, Sit~ Dewlopment Plans,
of the Land D~velopment Code.
SECTION IV
GENERAL DEVELOPMENT COIVIM]TMENTS
4.1 PURPOSE
The purpose of this section is to set forth the slndards for development of the project.
4.2 TRANSPORTATION IMPROVEMENTS
a. Project entrance locations, as well as turn lanes and median openings at the project
entrances, shall be rccluircd as provided for in Ordinance #93*64, Right-of-way
Construction Standards Handbook, and Resolution #92-442, Access Control Policy.
These improvements will bc shown on the Preliminary Subdivision Plat and
Co .n.}lruction Drawings and will be constr~ at the time building permits arc issued.
b. A sidewalk/bike path shall be located along one (I) side of the main internal road
system. These improvements will be shown on the Prcllminary Subdivision Plat and
Conslruction Drawings and will be constructed at the time building pcrmlts arc issued.
c. Access to the residential tract on Rattlesnake Hammock Road shall be designed with
an internal 'T' intersection with sufficient throat distances so as not to impede traffic.
d. The County rcscntcs the fight to control both the location of the access and the design
of such access. All costs associated with providing the necessary design, construction
and permitting will be at the sole expense of the owner/developer.
e. All roadways throughout the project arc private.
f. The owner/developer shall be responsible for payment of all costs associated with the
design, construction and permitting of turn lancs and tal~rs to serve this dcvclopmcnL
g. The developer shall provide arterial level street lighting at all project accesses prior to
issusncc of the tint Ccrli~catc of Occupancy/.
h. In sccordancc with Ordinance ~2-22, as amended, requiring development to conre'butt
its proportionat~ sinarc of funds to accommod_._,_e- the impact of proposed development
and area roads, WTNDSONO or its successors or assigns, agrees to pay road impact
fees in accordance with said Ordinance. All of the above improvements arc considcrad
· site related" as defined in Ordinanc~ #92-22, as mended, and shall not be applied as
credits for any impact fees required by that Ordinance.
O~3SkS.~ 4-1
i. All traffic control devices used, excluding street name signs, shall comply with the
Manual on Uniform Traffic Control Devices (Chapter 316.0747, Florida Statutes).
4.3 SOLID WASTE DISPOSAL
An'angements and agreements shall be with the approved solid waste disposal service to
provide for solid waste collection service to all areas of the project.
4.4 PUD MASTEI~ DEVELOPMENT PLAN
a. The .PUD Master Plan (Exhibit A ), is an iljustrative preliminary development plan.
b. The design criteria and layout iljustrated on the Master Plan shall be understood as
flexible so that the final design may satisfy the project and comply with all applicable
requirements.
c. All necessary easements, dedications; or other instruments shall be granted to insure
the continued operation and maintenance of all service utilities.
d. Minor design changes shall be permitted subject to County staff administrative
approval. In the case ofcl~ housing with a common architectural theme, required
property development regulations and setbacks may be waived or reduced provided a
site development plan is approved by Collier County under Division :t.3 of the Land
Development Code.
e. Areas iljustrated as 'lakes' shall be constructed as lakes, or upon approval, psrts thereof
may be green areas in which as much natttral foliage as practicable shall be prtserved.
Such arns, lakes and/or natural green areas, shall be ofgeneral area and configuration
as shown on the Master Plan.
f. The roads within WINDSONG are pined to be private wads. They win b~ destgn~i
to two-lane local street standards, with the option of reducing the right-of-way width
to fifty feet with the approval of the Development Services Director prior to the
preparation of construction plans, All required improvements may be installed in the
proposed right-of-way.
4.5 UTILITIES
a. Telephone, power and TV cable ~'vice shall be made available to all r~iden~al units.
All such utility lines shall be installed underground.
b. The stipulations contained in the Utilities Department memorandum dated August 21,
1987, are herein incorporated by reference (Exhibit "B").
4.6 WATER MANAGEMENT
a. Detailed site drainage plans shall be submitted to the Development Sa'vice~ Director
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
Development Services Director.
b. In accordance with the Rules of the South Florida Water Management District
(SFWMD), Chaptea 40E-4 and 40E-40, this project shall be designed for a storm
event of 3-day duration and 25-year return frequency. The use of off-site discharge
from the project during the design storm event must be appmved by SFIVIWD prior to
the issuance of any construction permits for this project. Off-site discharge, if so
permitted, shall be limited to 0.06 cfs/acre.
c. An Excavation permit will be required for the proposed lake in accordance with the
Collier County Excavation Regulations.
4.7 ENVIRONMENTAL ADVISORY BOARD STIPULATIONS
· . Pelitioner shall be subject to Division 3.9 of the Land Ekvelopment Code r~lulring the
acquisition of a vegetation removal permit prior to any land clearing. A site clearinS
plan shall be submitted to the Planning Services Department for their revi~v and
subject to appwval prior to any work on the site. This plan may be submitted in phases
to coincide with the development schedule. The site clotting plan shall clearly depict
how the final site layout incorporates retained native vcg~a~on a~ shown on the
revised PUD Master Plan.
b. All exotic plants, u defined in the Land Development Code, shall be removed during
each phase of construction from development ar~s, open space areas, and preserve
areas. Following site development plan approval, a maintenance program shall be
implemented to prevent reinvasion of the site by such exotic ~ecies. Thi~ plan, which
will describe conuol techniques and impection intervals, ~hall be filed with and subjea
to approval by the Planning Services Department.
c. If during the course of site clearing, excavation, or other consmgtional 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
notified. Development will be suspended for a sufficient length of time to enable the
Planning Services Depmmaent or a designated consultant to assess the find and determine
the proper course of action in regard to its salvageability. The Plnnnlng Services
Departmere will ~ in a timely and efficient manner so as to provide only a minimal
interruption to any constructional activities.
d. Environmental permitting shall be in ~ with the state of Florida Environmental
Resource Permit Rules and be subject to review and approval by Current Planning
Enviwnmen~al Staff. Removal of exotic vegetation shall not be counted towards
mitigation for impacts to Collier County jurisdictional wetlands.
e. All conservation areas shown on the PUT) Master Plan shall be recorded on the plat with
protective covenants per or sirailnr to section 704.06 of the Florida statues. Conservation
areas shall be dedicated on the plat to the pmject's homeowners association or like entity
for ownership and maintenance responsibilities and to Collier County with no
responsibility for maintenance.
f. The PUD Master Plan has been upd_~_!~ based on the findings of the U. S. Army Coxps
of Engineers (Corps) and the South Florida Water Management District regarding
jurisdictional wetands. Due to the poor quality of the proposed wetland preserve, both
the CORPS and the South Florida Water Management District recommend mitigation
by obtaining land off-site. The PUD Master Plan provides for the p~servation of 6.1
acres of native vegetation in the form of pine fiatwoods, which represents 16% of total
PUT) acreage. At the time of PSP submittal, the petitioner shall show areas not less than
16% of rc, ained native vegetation. Retained areas of native vegetation shall be preserved
in their entire~y with all m:es, understory and ground cover lefk intact and undisturbed,
except for prohibited exotic species r=noval. These areas shall be recorded on the final
plat with protective covenants per or similar to section 704.06 of the Florida stauzzes and
shall be dedicated on the plat to the pwject's homeowners association or like entity for
ownership and maintenance responsibilities and to Collier County with no responsibility
for maintenance.
4.g EAST NAPLES FIRE DISTRICT STIPULATIONS
a. This d~partment will require that all fire hydrants be served by a minimum 8" Icoping
water main with hydrants spaced no further than 500 ~. apaa.
b. All structures shall be so arranged that fu~ apparatus will have sufficient access to
them.
e6-9~SkS.d~ 4-4
WINDSONG
PLANNED UNIT DEVELOPMENT
'.'MEMORANDUM "
DATE: August 21, 1987
TO: Ann McKim, Planning & Zoning DirectS;
FROM: John F. MadaJewski, utilitiea Engineering Director~~
RE~ Petition R-87-33C, Windsong
We have reviewed the above referenced Petition ;nd have no objection'to
the fezone as requested. However, we require the following stipulations
as a condition to our recon~nendation for appr6val:
A) 'W~ter & Sewer. . "
1) Water distribution'and sewage collection and transmiSsiOn
systems will be constructed throughout the project development by the .
developer pursuant to all current r~quirements of Collier County and the "~..;.
State of Florida. Water and sewer facilities constructed within platted"
rights-of-way or within utility easements required by the County shall be
conveyed to the County for ownership, operation and maintenance purposes
pursuant to appropriate County Ordinances and, regulati6ns in effect at
the time of conveyance. All water and sewer facilitie~ constructed on
private property and not required by the Couhty to be located within ·
utility easements shall be owned, operated and maintained by the "
Developer, his assigns or successors. Upon completion of construction
of the water and sewer facilities within the project, the facilities ..
will be tested to insure they meet Collier County's utility
construction requirements in effect at the thue construction plans are
approved. The above tasks must be completed to the satisfaction of the
Utilities Division prior to placing any Utility facilities, County
o~ned or privately owned, into service'. Upon c~mpletion of the water'
and/or sewer facilities and prior to the issuance of Certificates of '-
Occupancy for structures within the project the utility facilities
shall be conveyed to the County, when required by the Utilities
Division, pursuant to County Ordinances and Requlations in effect at
the time conveyance is requested. .
.~.
2) All construction plans and technical specifications and proposed
plats, if applicable, for the proposed water distribution and sewage
collection and transmission facilities must be reviewed and approved by
the Utilities Division prior to commencement of construction.
e3) All customers connecting to the water distribution and sewage
collection fac~lities will be customers of the County and will be
billed by the County in accordance with the County's established rates.
Should the County not be in a position to provide water and/or sewer
service to the project, the water and/or sewer customers shall be
customers of the interim utility established to serve the prOJect until
the County's off-site wa~er and/or sewer facilities are available to
serve the project.
EXHIBIT "B", Pag~ 1 o~ 5 . ·
To= Ann McKim, Pl~n~g'& ~oning Director
Page 2 "
August 21, 1987
4) It is anticipated that the County ~tiliti~s Division will ultimately'
supply potable water to meet the consumptive demand and/or receive and
treat the sewage generated by this project. Should the County system
not be in a position to supply potable water to the project and/or
receive the proJect's wastewater at the time development commences, the
Developer, at his expense, will install and operate interim water supply
and on-site treatment facilities and/or interim on-site sewage treatment
and disposal facilities adequate to meet all requirements of the
appropriate regulatory agencies.
5) An Agreement shall be entered into between the County and the'
Developer, binding on the Developer, his assigns or successors, legally
acceptable to the County, prior to the approval of construction
documents for the proposed project, stating thatz
a) The proposed water supply and o~-site treatment facilities and/or
on-site wastewater trea~nent and disposal facilities, if required, are
to be constructed as part of the proposed prodsot and must be regarded
as ~nt~r~m7 they sh~ll be constructed to State and Federal standards
· and are to be owned, operated and maintained by the Developer, his
assigns or successors until such time as the Countyes dff-site water
facilities and/or off-site sewer facilities are available to service
the pro~ect. The interim treatment fac~lit~es shall supply services '-
only to those lands owned by the Developer and approved by the County
for development. The utility facility(lee| may not be expanded to
provide water and/or sewer service outside the development boundary
approved by the County without the written consent of the County.
b) Upon connection to the Countyes off-site water facilities, and/or
sewer facilities, the Developer, his assigns or successors shall
abandon, dismantle and remove from the site the interim water and/or
sewage treatment facility and discontinue use of the water supply
source, if applicable, in a manner consistent with State of Florida
standards. All work rela~ed with this activity shall be performed a~
· no cost to the County.
c} Connection to the County~s off-site water and/or sewer facilities
will be made by the owners, their assigns or successors at no cost to
the County within 90 days after such facilities become available. The
cost of connection shall include, but not be limited to, all
modification or refitting of existing sewage pumping
facilities or ~ons~ruction of new master sewage pumping facllit~es,
interconnection with county off-site facilities, water and/or sewer
lines necessary. to make the connectlongs},
:.
~..
,A ..., -
.
~os ~nn McKlm, ~~ng ~' Zoning Director
· age 3 ' '
Au~st 21, 1987
d) ~t t~e time County off-site water and/or ~wer facilities are
available for the pro~ect to connect with, t~e followin~ racer and/ot
sewer facil~ties shall be conveyed to. the Count~ pursuant to
a;pro;riate Count~ Ordinances and Repletions in effect at the time:
l) ~ll water'and/or sewer facilities constructe~ In publicly \"
ovned rights-of-way or within utility easements reSuLted by
the County within t~e project limits re~red ~o make
connection w~th ~e Coun~s D~-sLCe ~Ce~ =n~/ot sewer
~)' All water ~nd sewer facilities retired to ~onnecC the '
project to ~he CountF's off-site water and/or sewer facil-
ities when ~he on-site water and/or sewer facilities are
construc=ed on private proper=y .and not retired b~ the
Count~ to be located within utility easements, ~ncl~d~ng but
no~ l~mited to the following= --"
a) Main sewage lif~ station and force ma~n ~nter-
connecting with the County sewer facilities Ln~ludin;
all utility easements neoessa~l
b) Water d~stribution facilities fr~ the point of
connection with ~he Coun~y~s water facilities to the
master water meter serving the project, including all
utility easements nedessay..
e) The customers served 'on an ~nter~ bas~s b~ the util~t~ system
constructed by the Developer shall become customers of the Count~ at the
t~e when Coun=y off-site water and/or sewer facilities are avall~le
to serve the proJec~ and such connection ~s ~de. P~lor to connection
of the proJec~ to the Count~s off-s~te water and/or sewer facllitLes
~he ~veloper, his assigns, or successors shall turn over ~o the
. a c~plete list of the customers served by the ~nter~ utilities s~stem .
'and shall not compete wi~h the Count~ for the se~ice of those
customers. ~e Developer shall also provide the CO~y wl=h a detailed '
lnvento~ of the facilities se~ed within the project and the entity
which will be responsible ~or the water and/or sewer service billing
~or the project.
fao~l~es w~11
be su~ltted ~o ~he U~ill~les Division for review and approval prior
comencemen= of construction.
Page 3 o~ 5
.;
To~ Ann McKlm, Planning'& 'Zonkng Director
Page 4
August 21, 1987 '..
gl The Developer, his assigns or successors a'gree to pay all
development charges at the time that Building Permits are required,
pursuant to appropriate County Ordinances and'Regulations in effect at
the time of Permit request. This requirement shall be made known to all
prospective buyers of properties for which building permits will be
required prior to the start of building constr~ction.
h} The 'County will lease to the Developer for operation and mainten'shoe
the water distribution and/or sewage collection and transmission system
for the sum of $10.00 per year, when such system As not connected to the
'off-site water and/or sewer facilities owned and operated by the County.
Terms of the lease shall be determined upon completion of the proposed
utility construction and prior to activation of the water supply,
treatment and distribution facilities and/or the sewage collection,
transmission and treatment facilities. The Lease, if required, shall
remain An effect until =he Count~ can provide water and/or sewer service "-~
through its off-site facilities or until such time that bul~ rate water "'
and/or sewer service agreements are negotiated with the interim utility
system serving the project.
B} Data required under County OrdinanCe No. ~0-112 s~ing the avail-
ability of sewage service, must be submitted and approved b~ the
Utilities Division prior to approval of the construction documents for "
the project. Submit a cop~ of the approved DER permits for the sewage
collection and transmission systems and the wastewater trea~nent
facllitF to be utilized, upon receipt .thereof.
C) If an interim on-site water supplF, treatment and transmission
facilitF is utilized to serve the proposed project, it must be properly
sized to supply average and peak day domestic demand, in addition to
fare flow demand at a rate approved by the appropriate Fire Control
District servicing the project area.
D) Construction and ~wnership of the water and sewer facilities,
'including an~ proposed Anterim water and/or sewage treatment facilities,
shall be An compliance with all Utilities Division Standards, Policies,
Ordinances, Practices, etc. in effac~ at the time construction approval
As requested.
E) Detailed hydraulic design reports covering the water distribution and
esewage collection and transmission systems to serve the project must be
submitted with the construction documents for the project. The reports
shall last all design assumptions, demand rates and other factors
portAnent to the system unde= consideration.
Pa~e 4 of! .~
Toz Ann McKlm, Planning'~ zoning Director
Page 5 ' '
AUgust 21, 1987 "'
F) The on-site water distribution system to a~rve the pro~ect shall be
connected to the Dlstrict's 12 inch water main on County Barn Road,
extended throughout the project and looped to the District's 8 inch
water main on Rattlesnake Hancock ROad. During the design of these
facili~ies,' the following features shall be incorporated into the
distribution sys~em~
a) Dead end mains shall be eliminated whenever possible by 1coping the
internal pipeline network.
G) The existing off-site sewage transmission facilities of t~e "
District must be evaluated for hydraulic capacity to ser~.e this '
pro~ect, bnproved as required outside the' pro~eot boundaxy=o provide
adequate capacity to transpor~he additional wastewater sherata4
without adverse impact 'to the ex~stl~' transm~ssicn facilities and
extended ~l=hin the prcJeot lidnits es required. If the Dlstrict's
Regional Sewage Transmission facilities are available for service "
within the rights-of-way of Rattlesnake Mammock Road, at the
design commences on the project, connection shall be made'.directly
those facilities after completion of the necessary hydr~ulic analyses.
H) Section 5.~ - Utilities of the reZoning petition document shall be
revised to include the above stipulations and specify the Petitioner's '~
acceptance of them. A draft Ordinance for the resonir~ a~royal,
contains the above etlNRl~ations, ~ltlstbe submitted ~ the Utilities .
Division for review end appr~vel,prioz ~o ~he Petition being considered
by the B~ard of County Commissioners.
/s~ .
I eynolds - Wilson, Miller, Barton, Soll & Peek,
Page 5 of 5
.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT M. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a tn~e copy of:
ORDINANCE NO. 98-73
Which was adopted by the Board of County Commissioners on the
8th day of September, 1998, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Plorida, this 10th day of September,
1998.