Ordinance 93-43 ORDINANCE 93- 43
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 MAP NUMBERED 869T016 BY CHANGING
THE ZONING CLASSIFICATION OF THE HEF~EIN
DESCRIBED REAL PROPERTY FROM "PUD" TO ~._~-~'-.; ..~\~ ~'
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS .,~'~ .,,-
THE PAR/{LANDS, FOR PROPERTY LOCATED ."~'
EAST OF QUAIL WEST AND SOUTH OF '~'
LEE/COLLIER COUNTY LINE, IN SECTION 9, ,~ ~
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIE~
COUNTY, FLORIDA, CONSISTING OF 642 .21 ,\~. ~£C£~[~Cle~
ACRES; PROVIDING FOR THE REPEAL OF ~ 0(80~d .~.
ORDINANCE NUMBER 85-46, AS AMENDED; AND ~'x",'- ·
BY PROVIDING AN EFFECTIVE DATE. ~, , .'
WHEREAS, Neale Montgomery, representing llationsBank of
Florida, N.A., as Trustee, petitioned the Board of County
Com~issioners 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, FLOR_~IDA;_
The Zoning Classification of the herein described real
property located in Section 9, Township 48 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 Number 869T016, as described in :Ordinance Number 91-102,
as amended, the Collier County Land Development Code, are
hereby amended accordingly.
SECTION TWO;
Ordinance Number 85-46, as amended, known as The
Parklands PUD, adopted on September 10, 1985 by the Board of
County Commissioners of Collier County is hereby repealed in
its entirety.
SEqTION THREE1
This Ordinance shall become effective uu. on receipt of
notice from the Secretary of State that this ordinance has
been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this 2?~hday of
July ...... , 1993.
ATTEST~Ii ~ BOARD OF COUNTY COMMISSIONERS
.~.WI~RT~ E.9:BROCK, CLERK COLLIER COUNTY, FLORIDA
· '~PPROVED AS-~o FORM AND
~%RJOK~E M. STUDENT
ASSISTANT COUNTY ATTORNEY
PUD-84-24 (1) PDA ORDINANCE This ordinance filed with the
Secretary of State
Ilb/9624 ~'i~.~ , ... - s Of/ice_ the
By '
AMENDED
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
THE PARKLANDS
A PLANNED COMMUNITY
PREPARED BY:
WAFAA F. ASSAAD, A.I.C.P.
AGNOLI, ASSAAD, BARBER & BRUNDAGE, INC.
ENGINEERS, PLANNERS & LAND SURVEYORS
7400 Tamiami Trail North
· Naples, Florida 33963
AMENDED BY:
NEALE MONTGOMERY
PAVESE, GARNER, HAVERFIELD, DALTON, HARRISON & JENSEN
Post Office Drawe~ 1507
Fort Myers, Florida 33902
Originall,/approved by B.C.C. September 10, 1985
Amendment approved by [LC.C. July 27, 1993
INDE~
PAGE
SECTION I GENERAL DEVELOPMENT INFORMATION 1-1
SECTION II PROJECT DEVELOPMENT STANDARDS 2-1
SECTION III SINGLE-FAMILY RESIDENTIAL "S" 3-1
SECTION IV MULTI-FAMILY RI:!SlDENTIAL "M" 4-1
SECTION V RESERVE AREAS "R" 5-1
SECTION VI GOLF COURSE "G.C." 6-1
SECTION VII BUFFERS, PARKS, GREEN BELTS, 7-1
UTILITIES, ELEMENTARY SCHOOLS,
ETC. "P" AND LAKES
SECTION ViII GENERAL DEVELOPMENT COMMITMENTS 8-1
.LIST OF EXHIBIT.~
"EXHIBIT "A" MODIFIED CONCEPTUAL MASTER PLAN
EXHIBIT "B" SCHOOL SITE DEDICATION CORRESPONDEP~CE
SECTION I
GENERAL DEVELOPMENT INFORMA'rlON
1.01 INTRODUCTION AND PURPOSE
It is the intent of Jimmy R. Adkins, P.A.; authorized representative;
hereinafter called "applicant" or "developer", to establish and develop a Planned
Unit Development (PUD) on approximately 642.21 acres of property located in
Collier County, Florida. It is the purpose of this document to provide the
required standards and to set forth guidelines for the future development of the
property (only that portion of the project that is located within Collie~ County).
1.02 ~;HORT TITLE
The PUD development shall be known and cited as The Parklands.
1.03 ~TATEMENT OF COMPLIANCE
The development of approximately 642.21 acres of property in Section 9,
Township 48 South, Range 26 East, Collier County, Florida, as a Planned Unit
Development to be known as The Parklands, will be in compliance with the
planning goals and objectives of Collier County as set froth in the Growth
Management Plan. The Parklands is consistent with the growth policies, land
development regulations and applicable Growth Management Plan objectives
for the following reasons:
1. The property lies within the Urban Residential Land Use designation as
identified on th.e Future Land Use Map and as required in Objective 1,
Policy 5.1. and Policy 5.3. of the Future Land Use Element.
2. The project location is accessibh; to all required public services and
facilities as required by Objective 2 of the Future Land Use Element.
3. The planned project will be compatible and complementary to existing
and future surrounding land uses as required by Policy 5,4, of the
Future Land Use Element.
4. Improvements are planned to be in compli~mce with applicable land
development regulations.
1-1
5. The project development will result in an efficient and economical
extension of community facilities and services as required in Policy
3.1.H. and L. of the Future Land Use Element.
6. The maximum project density of 2.5 dwelling units per acre is far
below the density limitation of four units per acre which is established
by the Density Rating System of the Future Land Use Element.
1.04 LEGAL DESCRIPTION
Section 9, Township 48 South, Range 26 East, Collier County, Florida.
subject to easements, restrictions, and reservations of record;
containing :1:642.21 acres more or less.
1-2
SECTION II
PROJECT DEVELOPMENT STANDARDS
2.01 ~
The purpose of this Section is to generally describe the plan of the development
and delineate the general conditions that will apply to the project.
2.02 GENERAL PLAN OF DEVELOPMENT
The Parklands is a planned community, which includes, but is not limited to, a
mixture of residential housing types, golf course, open space/parks and reserve
areas.
2.03 .COMPLIANCE WITH APPLICABLE ORDINANCES
The project Is intended to be in substantial compliance with the applicable
Collier County general zoning and subdivision regulations as well as other
Collier County development codes in effect at the time permit plats are
requested.
2.0z~ SITE PLAN APPROVAL
When a site development plan approval is required by this document or the
LDC, the procedure outlined in Section 3.3 of the LDC shall be followed.
In the case of cjustered buildings, group housing and/or zero lot line with
common architectural theme, required property development regulations may
be waived or reduced provided a site plan is approved under this Section.
2.05 J,~AND USES
The following table is a schedule of the intended land use types, with
approximate acreages and total dwelling units indicated~ The arrangement of
these land use types os shown on Exhibit "A", Conceptual Master Plan. Minor
changes and variations in design and acreages shall be permitted at final design
to accommodate topography, vegetation and other development or site
conditions.
The final size of the recreation and open space lands will depend on the actual
requirements for water management, golf course layout, utilities, roadway
pattern and dwelling unit size and configuration.
2-1
APPROXIMATE I.AND USE DISTRIBUTION SCHEDULE
APPROXIMATE NUMBER OF
LAND USE DESIGNATION: ACREAGE DWELLING UNITS
RESIDENTIAL:
Slnglel Family (S) 78.4 123
Multi-Family (M) 253.3 1480
Total Residential' 1 331.7 1603 ° 1
SCHOOL' 15.0
RECREATION/OPEN SPACE:'2
Golf Course (GC) 110.3
Buffers, Parks, Greenbelts,
Utilities, etc. (P) 15.1
ReserVe Areas (R) 29.2
Lakes (L) 83.9
Roads (Right-of-way) 57.0
Total Recreation/Open Space 310.5
and school site
GRAND TOTAL: 642.2 1603
It is understood that the above figures are approximate and subject to change to suit
final design.
41 The maximum number of dwelling units.
*2 Does not include open space and recreation areas that may be additionally
located within the residential areas.
2-2
[ 62 3'33'
2.06 PROJECT DENSITY
The total acreage of The Parklands property is approximately 642.21 acres.
The maximum number of dwelling units to be built on the total acreage is
1603. The number of dwelling units per gross acre is approximately 2.5. The
density on individual parcels of land throughout the proj(.~ct may vary according
to the Wpe of housing placed on each parcel of land.
2.07 PERMITTED VARIATIONS OF DWELLING UNITS
All properties designated for residential uses may be devaloped at the maximum
number of dwelling units as assigned by Section 2.05, provided that the
applicant may increase or decrease the indicated unit mix by' not more than
10%; and provided that the total number of dwelling units shall not exceed
1603.
2.08 DEVELOPMENT SEQUENCE AND SCHEDULE
The applicant has not set "stages" for the development of the property. Since
the property is to be developed over an estimated 20 year time period (4
phases), any projection of project development can be no more than an
estimate based on current marketing knowledge. The e;~timate may of course,
change depending upon future economic factors,
2.09 EASEMENT FOR UTILITIES
Easements shall be provided for water management areas, utilities and other
purposes as may be needed.
All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities in
substantial compliance with applicable regulations in effect at the time
approvals are requested.
2.10 ESSENTIAL SERVICES
Essential services are considered as an acceptable permi'tted use on all land use
categories within The Parklands.
2-3
2.11 EXCEPTIONS TO THE COLLIER COUNTY LAND DEVELOPMENT CODE
The following requirement shall be waived:
A. 3.2.8.3.17: Sidewalks/bicycle paths will be provided on one side of
the street, except that on single family cul-de-sac right-of-ways, the
sidewalk requirement shall be waived.
B. 3.2.8.3.19: Street name markers and traffic devices shall be approved
by the County Engineer but need not meet the U.S.D.O.T.F.H.W.A.
Manual on uniform traffic control devices. Street pavement painting,
striping and reflective edging on secondary road system shall be
waived. Reflective edging of main road system shall be waived.
C. 3.2.8.3.24: The requirement of utility casing installation shall be
waived.
D. 3.2.8.4.16.6: The 1,000 ft. maximum dead-end street length
requirement shall be waived.
E. 3.2.8.4.16.8: Back of curl) radii at street intersections shall be a
minimum of 30 ft.
F. 3.2.8.4.16.10: The requirement for 100 ft. tangent sections between
reverse curves of secondary road system shall be waived.
2.12 AGRICULTURE USI~
Agricultural uses including related accessory uses and structures are considered
as acceptable permitted uses in all land use categories, except in the
preservation areas, in the Parklands.
Agricultural uses shall be completely terminated prior to the issuance of any
residential building permits.
2-4
SECTION III
SINGLE-FAMILY RESIDENTIAL "S"
3.01 pURPOSE
The purpose of this Section is to set forth the regulations for the areas
designated on Exhibit "A", Conceptual Master Plan, as Single-Family
Residential.
3.02 MAXIMUM DWELLING UNITS "
A maximum number of 123 dwelling units may be constructed in all of the
Single-Family Residential parcels except as permitted by Section 2.07.
3.03 I~ERMI3-1't~D USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered, or used, or
land or water used, in whole or in part, for other than the following:
A, permitted Princi[~al Uses and Structures
1, Single Family dwellings.
2. Public and private parks, playgrounds, playfi~lds and commonly
owned open space.
B. Permitted Principal Uses and_..~tructures Rem~iring Site Plan Aooroval
.. 1, Villas, clu~ter and group housing, townhouses, patio houses, and
zero lot lines.
C. Permitted Accessory Uses and Structures
1, Customary accessory uses and structure, including but not limited
to private garages and private swimming pools.
2. Signs as permitted by the Collier County Land Development Code
in effect at the time permits are requested.
3. Model homes shall be permitted in conjunction with the promotion
of the development. Such model homes shall be permitted for a
period of one (1) year from the initial use as a model. The
Development' Services Director may authorize the annual
extension of such use upon written request and justification.
3.04 PROPERTY DEVELOPMENT REGULATIONS
3,04,01 GENE~ All yards, set-backs, etc., shall be applied in relation
to the individual parcel boundaries,
3,04,02 MINIMUM LOT AREAS AND DIMENSIONS;
Area 10,000 Square feet
Frontage 80 Feet Interior lots
95 Feet Corner lots
80 Feet Cul-de-sac and
... odd shaped lots,
(measured at the
front yard setback
arch,)
3,04,03 MINIMUM SETBACKS:
Front 30 Feet
Side 7,5 Feet One Story
10.0 Feet Two Story
Rear 25 Feet
3,04,04 MAXIMUM BUILDING HEIGHT:
Principal Structures: 30 Feet
Accessory Structure 20 Feet
3,04,05 MINIMUM FLOOR AREA:
One Story: 1,000 Square Feet
Two Story: 1,200 Square Feet
3,04,06 SIGNS' AND MINIMUM OFF-STREET PARKING;
As may be permitted or required by the provisions of the Collier
County Land Development Code in effect at the time a permit is
requested.
3-2
SECTION IV
MULTI-FAMILY RESIDENTIAL "M"
4.01 PURPOSE
The purpose of this Seclion is to set forth the regulations for the areas
deslgnated on Exhibit "A", Conceptual Master Plan, as Multi-Family Residential.
4.02 MAXIMUM DWELLING UNITS
A maximum number of 1480 dwelling units may be constructed in all of the
Multi-Family Residential parcels except as permitted by Section 2.07.
4.03 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or
land or water used, in whole or in part, for other than the following:
A. Permitted Princioal Uses and Structures:
1. Two (2) Family and Multi-Family dwellings.
2. Villas, cjuster and group housing, towr~houses, garden
apartments, patio homes and zero lot lines.
B. Permitted Princioal I,~ses ~nd. Structures Re(]uiring Site Plan .Ap_~rovol:
.1. Ail permitte'~l principal uses and structures allowed by Section
3.03.A. of thi:~ document provided that in the case of additional
single family uses the following criteria shall be observed:
a. The number of the additional single family units within the
multi-family residential "M" Tracts shall not exceed 222
units.
b. Any single-family units be located as near as possible or
contiguous to the single-family "S" Tract.
c. The single family property development standards of
Section 3.04 of this document shall apply.
4-1
2. Any permitted structure exceeding the maximum building height
allowed by Section 4.04.04 of this document but not exceeding
six (6) habitable.living stories above parking.
C. Permitted Accessory Uses and Structures:
4.04 PRQPERTY DEVEI~OPMENT RE(~ULATION$
(Excluding single family development as may be allowed in Section
3.03.B)
4.04.01 GENERAL:
All yards, setbacks, etc. shall be applied in relation to the
individual parcel boundaries.
4.04.02 MINIMUM LOT AREA AND DIMENSIONS:
Area
Single Family Dwelling 10,000 Square Feet
Other Principal Uses 20,000 Square Feet
Frontage 80 Feet
'4.04.03 MINIMUM SETBACK;
One-half of principal building height with' a minimum of:
Front 30 Feet
Side 15 Feet
Rear 30 Feet
Golf Course or Lakes
Or Reserve Areas 20 Feet
Overall Project (PUD)
Outside Boundary Lines 20 Feet
Overall Project (PUD)
Outside Eastern Boundary
Line 30 Feet
The distance between any two principal structures on the
~ame parcel shall be fiftoen (15) feet or a distance equal to
one-half (1/2) the sum of their heights, whichever is
greater.
4-2
4,04,04 MAXIMUM 13UILDING HEIGHT:
Three (3) habitable/living stories above parking, Unless otherwise
approved under Section 4.03.B.2,
4.04,05 MINIMUM FLOOR AREA:
750 Square Feet,
4,04,06 ~IGNS AND MINIMUM OFF-STREET PARKING;
As. may be permitted or required by the Collier County Land
Development Code in effect at the time a permit is requested,
4-3
SECTION V
RESERVE AREAS "R"
5.o PURPOSE
The purpose of this Section is to set forth the regulations for the area
designated on Exhibit "A", Conceptual Master Plan, as Reserve Area.
5.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or
land or water used, in whole or in part, for other than the following:
A. Principal Uses Rea~firing Site Plan ADDrOV~II:
1. Nature trails including boardwalks.
2. Boat trails.
3. Paths and bridges to provide access from the uplands.
4. Other activities for recreation, conservation, and preservation
when approved by the Development Services Director.
B. Permitted Accessory/Uses and Structures:
1. Accessory uses and structures customarily associated with the
uses permitted in this district.
2. Signs as permitted in the Collier County Land Development Code.
SECTION VI
GOLF COURSE "G.C."
6.ol
The purpose of this Section is to set forth the regulations for the areas
designated on Exhibit "A", Conceptual Master Plan, as Golf Course.
6.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or
land or water used, in whole or in part, for other than the following:
A. Permitted Princioal Uses and Structures
1. Golf Course
2. Water Management Facilities and Lakes
B. Permitted Accessory Uses and Structures
1. Clubhouses, pro-shop, practice driving range and other customary
accessory uses of golf courses, or other recreational facilities.
2. Small commercial establishments, including gift shops, golf
equipment sales, restaurants, cocktail lounges, and similar uses,
intended to exclusively serve patrons of the golf course or other
permitted recreational facilities, subject to the provisions of the
applicable supplementary regulations of the Collier County Land
Development Code.
3. Shuffleboard courts, tennis courts, swimming pools, and other
~ types of facilities intended for outdoor recreation.
4. Signs are permitted by the Collier County Land Development Code
in effect at the time permits are requested.
5. A maximum of two (2) residential units in conjunction with the
operation of the golf course as determined to be compatible with
the adjacent zoning as determined by the Development Services
Director .provided that the maximum number of dwelling units for
the entire project shall not exceed 2410 residential units.
6-1
C. Plan ADoroval ReQuirem~13ts
A site plan of the golf course shall be submitted in accordance with
Section 2.04 of this document. The perimeter boundaries of such plans
shall be recorded on the same manner as a subdivision plat.
6.03 PROPERTY DEVELOPMENT REGULATIONS
6.03.01 General ReQuirements
a. 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.
b. Buildings shall be set back a minimum of fifty (50) feet
from abutting residential districts and the setback area shall
be appropriately landscaped and rnaintained to act as a
buffer zone.
c. Lighting facilities shall be arranged in a manner which will
protect roadways and neighboring properties from direct
glare or other interference.
6.03.02 Maximum Helaht of Structure~
Forty-five (45) feet.
6.03.03 Signs and Minimum Off-Street Parking
As may be permitted or required by the applicable Collier County
Land Development Code in effect at the time a permit is
requested,
6-2
SECTION VII
BUFFERS, PARKS, GREENBELTS, UTILITII-'S,
ELEMENTARY SCHOOLS, ETC., "P" AND LAKES "L"
7.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas
designated on Exhibit "A", Conceptual Master Plan, as Buffers, parks,
Greenbelts, Elementary Schools, Utilities, Lakes, Etc.
7,02 PERMITTED USES AND STRUCTURE
No building or structure, or part thereof, shall be erected, altered or used, or
land or water uses, in whole or in part, for other than the following:
A. p{~rmitted Princioal Uses and Structures
1. Biking, hiking, canoeing and nature trails.
2. Community Park.
3. Elementary Schools.
4. Nature preserves and wildlife sanctuaries.
5. Off-Street Parking Areas,
6, Parks, playgrounds and game courts and fields.
7. Recreational shelters and restroom facilities.
8. Water Management Facilities and Lakes.
9. Wildlife Management.
10. Any other open space activity which is comparable in nature with
the foregoing uses and which the Development Ser¢ices Director
determines to be compatible in the District.
7-1
B. Permitted Accessory/Uses and Structures
1. Accessory uses and structures customarily with principal uses
permitted in this District.
2. Signs as may be permitted by the Collier County Land
Development Code in effect at the time permits are requested.
3. Maintenance and storage areas and struc'~ures.
C. Site Plan Aooroval F~{t~]uirement
Site plans for the proposed uses shall be submitted to the Development
Services Director in accordance with Section 2.04 of this document.
7.03 PROPERTY DEVELOPMENT CRITERIA
a. Overall site design shall be harmonious in Terms of landscaping,
enclosure of structures, location of access street,'~ and parking areas and
location and treatment of buffer areas.
b. Buildings shall be set back a minimum of twenty-five (25) feet from
abutting residential districts and the setback area shall be landscaped
and maintained to act as a buffer zone.
c. Lighting facilities shall be arranged in a mamler which will protect
roadway=s and neighboring properties from direct glare or other
interference.
'7.04 SIGNS AND MINIMUM OFF-STREET PARKING
As may be permitted or required by the applicabh; Collier County Land
Development Code in effect at the time a permit is requested.
7-2
3'45
SECTION VIII
GENERAL DEVELOPMENT COMMITMENTS
8.01 PURPOSE
The purpose of this Section is to set forth the general development
corr~mitments for the proj.ect.
8.02 ARCHITECTURAL REVIEW.
All buildings constructed within the project must comply with the architectural
review standard~ as may be set forth in the intended recorded covenants and
deed restrictions.
8.03 DEVELOPMENT PLAN
A. The proposed Preliminary Conceptual Master Plan iljustrates the tentative
development, uses and locations of certain facilities.
B. The design criteria and layout iljustrated on the Master Plan shall be
understood as flexible so that the final design may best satisfy the
project and comply with applicable requirements. '.
C. Minor design changes, such as but not limited to, locations of buildings,
· . distribution of dwelling units, building types, etc., shall be permitted
subject to the staff approval.
D. "All design changes resulting from any stipulations and conditions
imposed at the time of approval of this project shall be considered as
minor changes, shall be reviewed and approved administratively by staff
and'shall not constitute a ma]or deviation.
8.04 ENVIRONMENTAL CONSII')ERATIONS
A. A site clearir~g plan shall be submitted to the Site Development Plan
Review Department for their review and approval prior to any
substantial work on the site. This plan may be submitted in phases to
coincide with the development schedule. The site clearing plan shall
clearly depict how tile final site layout incorporates retained native
vegetation to the maximum extent possible and how roads, buildings,
lakes, parking lots, and other facilities have been oriented to
accommodate this goal as much as practicable.
B. Native species shall be utilized, where available, to the maximum extent
possible in the site landscaping design; A landscaping plan will be
submitteC, to the Site Development Plan Review Department for their
review arid approval. This plan will depict the incorporation of native
species and their mix with other species, if any. The goal of site
landscaping shall be the re-creation of native vegetation and habitat
characteristics lost on the site during construction or due 'to past
activities as much as practically and economically feasible.
C. All exotic plants, as defined in the Collier County 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 approved by the Site Development Plan Review 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 that location shall be immediately
stopped and the Site Development Plan Review Department notified.
Development will be suspended for' a sufficient length'of time to enable
the Site Developement Plan Review Department or a designated
consultant to assess the find and determine the proper course of action
in regard to its salvageability. The Site Development Plan Review
Department will re.spond 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 wetlands shall be flagged, reviewed by the
environmental staff personnel of the Site Development Plan Review
Department and surveyed prior to land clearing or grubbing.
8-2
8.05 WATER MANAGEMENT
· ' A. Detailed site drainage plans shall be submitted to the Environmental
Advisory Board 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 Proiect Plan Review Manager.
B. An Excavation Permit will be required for the proposed lakes in
accordance with Division 3.5 of the LDC.
8.06 PARKS AND OPEN SPACE
A. The developer shall donate to the County a 7.23 acre site for use as a
neighborhood park. The site is intended to be located in the vicinity of
the elementary school site.
B. if the site is not used or needed within seven (7) years from the date of
the PUD/DRI approvals then a payment in lieu of may be made provided
such a payment is mutually agreed upon by the County and the project
sponsors.
8.07 TRANSPORTATION
A. The petitioner, his ,,;uccessors or assigns, shall dedicat~ 75 feet along the
eastern boundary of the project to the County for use as future right-of-
way. The dedication shall be made at a time requested by the County
or at the convenience of the petitioner, whichever occurs first.
B. ~The petitioner, his successor or assigns, shall cause to be dedicated to
the County a 75 foot wide right-of-way along the east section line of
Sections 16 and 21, Township 48 South, Range 26 East. Further, the
petitioner shall cause to be constructed a minimum of two (2) lanes of
a future four (4) lane arterial road along such right-of-way. This roadway
is to serve as the rnain entrance to that portion of the project in Collier
County. In the event that the Parklands developer is unable or is
prevented from acquiring the above-described right-of-way and/or
constructing .a two-lane road within said right-of-way, then a 75-foot
right-of-way in an alternate location may be acquired and dedicated and
a two-lane road within said alternate right-of-way may be constructed,
provided that Collier County approves the alternate right-of-way
alignment after determining that it is functionally suitable to serve the
intended purpose.
8-3
In the event that the County's assistance Is needed in acquiring the right-
of-way, as in the case of eminent domain proceedings, the petitioner
shall be responsible for all acquisition costs incurred by the County,
including legal costs and land costs.
It is also understood and agreed upon that any developments approved
by the County which adioin a roadway extending from the Parklands to
immokalee Road shall be required by the County to donate right-of-way
and improve their portions of said roadway.
C. In the event that the access described in B. above cannot be provided at
the time of the commencement of construction on the project, the
petitioner may utilize an existing 60 foot wide easement to provide a
temporary access to the project from Immokalee Highway. The roadway
constructed on such easement shall be to the standards provided in the
Collier County Land Development Code to the extent possible and be
located generally as depicted in the Application for Development
Approval (ADA).
To the extent that this temporary facility is needed, and because of the
limited access afforded by the easement, the project development shall
be restricted in the following manner:
1. No additional building permits for any generator shall be issued at
such time as the average daily volume of travel on the access
road exceeds 7,800 ADT.
2. Notwithstanding 1. above, the maximum number of residential
dwelling units permitted within Collier County portion shall not
exceed 123 single family and 915 multi-family units.
3. The petitionor agrees not to provide internal access to any portion
of the project Iocsted in Lee County unless and until an approved
access is provided via Lee County roadways.
Construction of the above temporary road will not release the
petitioner from the responsibilities outlined in B. above.
4. The pe. rmitted number of dwelling units under item C.2. above
may be changed using the following criteria:
Single-Family 10 ADT
Multi-Family 6 ADT
8-4
D. The petitioner shall reserve a 75 foot wide right-of-way along the
southern project boundary line. In the event that such reservation is
needed for the construction of an east-west collector roadway, the
petitioner, his successors, or assigns shall dedicate said land a t no cost
to the County.
E. The petitioner, at his option, in lieu of reserving such lands for a future
roadway as outlined in D. may elect to construct the southernmost
east/west roadway within the project to collector road standards and
along an alignment acceptable to the County Transportation Director to
serve as that portion of the proposed east/west collector that would
otherwise be adjacent to the southern boundary of this project. Such
internal collector will provide for the necessary connections to the east
and west.
F. The developer shall provide separate left and right turn lanes on
Immokalee Road (David C. Brown Highway) at the project's south access
road prior to the issuance of any certificates of occupancy, and shall
make a fair share contribution toward the capital cost of a traffic signal
when deemed warranted by the staff of the Site Development Plan
Review Department. The signal shall be owned, operated and
maintained by Collier County.
G. The developer shall bear the entire cost of all traffic signals which may
become needed at intersections within the project.
8.08
Should impact fees, other methods of payment be adopted, then the developer
shall either be exempt from such fees if donations or payments have been
made, 'or given a credit of a value equal to the donation towards any payable
fees.
8.09 MOSQUITO CONTROL
The developer shall petition the Mosquito Control District to have the site
included into their district.
8.10 ~
A. Water & Sewer
1. Water distribution and sewage collection and transmission
systems will be constructed throughout the project development
by the developer pursuant to all current requirements of Collier
County and the State of Florida. Water and sewer facilities
constructed within platted rights-of-way or within utility
easements required by the County shall be conveyed to the
County for ownership, operation and maintenance purposes. All
water and sewer facilities constructed on private property and not
required by the County to be located within utility easements shall
be owned, operated and maintained by the Developer, his assigns
or successors. Upon completion of construction of the water and
sewer facilities within the project, the facilities will be tested to
insure they meet Collier County's minimum requirements at which
time they will be conveyed or transferred to the County, when
required by the Utilities Division, pursuant to appropriate County
Ordinances and Regulations in effect at the time conveyance or
transfer is requested, prior to being placed into service.
2. All construction plans and ~echnical 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.
3. 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 Florida Public Service
Commission approved 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
water and/or sewer facilities a~e available to serve the project.
4. It is anticipated that the County Utilities 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 po~.able 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
8-6
3'51
facilities and/.0r 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 that:
a. The proposed water supply and on-site treatment facilities
and/or on-site wastewater treatment and disposal facilities,
if required, are to be constructed as part of file proposed
project and must be regarded as interim; they shall 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 County's off-
site water facilities and/or off-site sewer facilities are
available to service the project. The interim treatment
facilities shall supply services only to those lands owned by
the Developer and approved by the County for
development. The utility facility(les) 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 County's off-sit~ 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 mariner consistent with State of Florida standards. All
work related with this activity shall be performed at no cost
~ to the County.
c. Connection to the County's off-site water and/or sewer
facilities, when available along CR 846, will be made by the
'. Developer, his assigns or successors at no cost to the.
County within two hundred seventy (270) days after such
; facilities become available and legal access is available.
The cost of connection shall include, but not be limited to,
all engineering design and preparation of construction
documents, permitting, modification or refitting or sewage
pumping facilities, interconnection with County off-site
facilities, water and/or sewer lines necessary to make the
8-7
connection(s), etc. Developer may share these expenses
with other users, if applicable, or is Developer finds more
than its proportionate share of these costs, then County
shall collect and reimburse Developer when other users
connect (on a pro-portionate basis) to the system.
d. At the time County off-site water and/or sewer facilities are
available for the project to connect with, the following
water end/or sewer facilities shall be conveyed to the
County pursuant to appropriate County Ordinances and
Regulations in effect at the time:
1. All water and/or sewer facilities constructed in
publicly owned right-of-way or within utility
easements required by the County within the project
limits and those additional facilities required to make
connection with the County's off-site water and/or
sewer facilities; or,
2. Ail water and sewer facilities required to connect the
project to the County's off-site water and/or sewer
facilities when the on-site water and/or sewer
facilities are constructed on private property and not
required by the County to be located within utility
easements, including but not limited to the following:
a. Main sewage lift station and force main
interconnecting with the County sewer
facilities including all utility easements
necessary;
b. If applicable, water distribution facilities from
the point of connection with the County's
water facilities to the master water meter
serving the project, including all utility
easements necessary.
e. The customers served on an interim basis by the utility
system constructed by the Developer shall become
customers of the County at the time when County off-site
water and/or sewer facilities are available to serve the
project and such connection is made. Prior to connection
of the project to the County's off-site water and/or sewer
facilities the Developer, his assigns, or successors shall turn
8-8
over to the County a complete list of the customers served
by the interim utilities system and shall not compete with
the County for the service of those customers. The
Developer shall also provide the County with a detailed
inventory of the facilities served within the project and the
entity which will be responsible for the water and/or sewer
service billing for the project.
f. All construction plans and technical specifications related
to connections to the County's off-site water and/or sewer
facilities will be submitted to the Utilities Division for review
and approval prior to commencement of construction.
g. The Developer, his assigns or successors agree to pay all
system 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 construction.
h. The County will lease to the Developer for operation and
maintenance the water distribution and/or sewage
collection and transmission system for the sum of Ten and
No/lO0 Dollars ($10.00) per year, when such system is 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 in effect until the County can
provide water and/or sewer service through its off-site
facilities or until such time that bulk rate water and/or
sewer service agreements are negotiated with the interim
utility system serving the project.
B. Data required under County Ordinance No. 80-112 showing the
availability of sewage service, must be submitted and approved by
the Utilities Division prior to approval of the construction
documents for the project. Submit a copy of the approved
Department of Environmental Regulation permits for the sewage
collection and transmission systems and the wastewater
treatment facility to be utilized, upon receipt thereof.
8-9
C. If an interim on-site or off-site water supply, treatment and
transmission facility is utilized to serve the proposed project, it
must be properly sized to supply average and peak day domestic
demand, in addition to fire flow demand at a rate approved by the
appropriate Fire Control District, for the Phase under development.
A detailed design report verifying the plant capacities must be
submitted to the Utilities Division with the construction
documents.
D. Water and sewer service shall be provided to the project pur.,;uant
to the following requirements:
Water
The Lee County portion of the project shall be supplied by a
system located within Lee County. Water service shall not extend
across County lines unless authorized in writing by Collier County.
The Collier County portion of the project shall be supplied from
the facilities of the County, if available, or from interim on-site or
off-site water supply and treatment facilities found to be
acceptable to the County.
Sewer
An interim sewage treatment and disposal facility located in Collier
County. shall provide service to the part of the. project in Collier
County and may provide service to the entire project. If the
facility is utilized to provide service to the part of the project in
Lee County, the sewage collection and transmission facilities
located in Lee County which would contribute sewage flow to this
facility shall.be owned, operated and maintained by the Developer,
his assigns, successors or other entity acceptable to Collier
County. If the use of a single treatment and disposal facility is
governmentally unacceptable, two (2) separate sewage treatment
facilities, one (1) in each County must be constructed to serve the
project.
Any joint method of sewer service to The Parklands project must
be found to be mutually agreeable by adopted Resolution by the
Board ~f County Commissioners of Lee and Collier Counties prior
to commencement of construction document review by the
Utilities Division.
8-10
E. When the County has the ability to provide treatment and disposal
and/or water supply and distribution services, the Developer, his
assigns or successors will be responsible to connect to these
facilities at a point to be mutually agreed upon by the County and
The Parklands owner, with The Parklands assuming all costs for
the connection work to be performed.
F. The project's Owner(s), his assigns or successors shall negotiate
in good faith with the County for the use of treated sewage
effluent within the project limits, for irrigation purposes. The
Owner would be responsible for providing all on-site piping and
pumping facilities from the County's point of delivery to the
project and negotiate with the County to provide full or partial on-
site storage facilities, as required by the D.E.R., consistent with
the volume of treated wastewater to be utilized.
G. If shown to be necessary to serve the project by the County, a
water storage tank and repump site shall be provided by the
Owner on-site of a size and location to be mutually agreeable to
the County and The Parklands owners. If necessary to serve the
project on an interim basis, The Parklands may be required to
install a water storage tank on-site if County water facilities are
not available at the time development commences. Should the
County desire to oversize these facilities, in anticipation of future
demands and growth when the County's w.a. ter facilities are
available to serve the project, the County shall negotiate a
satisfactory method of reimbursement to the Developer for such
: oversizing,
H. Constructio.n and ownership of the water and sewer facilities,
.. including any proposed Interim water and/or sewage treatment
facilities, shall be in compliance with all Utilities Division
" Standards, Policies, Ordinances, etc. in effect at the time
construction approval is requested.
I. Prior to approval of construction documents by the Utilities
· Division, 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
provid~ sewer and/or water service to the project until the County
can provide these services through its water and sewer facilities.
8-11
J. Detailed hydra, ulic design reports covering the water distribution
nd 'sewage collection and transmission systems to serve the
project must be submitted with the construction documents for
the project. The report shall list all design assumptions, demand
rates and other factors pertinent to the system under
consideration.
K. The developer shall contribute his fair share of the cost of
installing a sewer transmission line from the project to any
acceptable off-site sewer treatment plant facility and return
(treated effluent) transmission line from such an off-site treatment
plant facility to the project.
The County shall cooperate and assist in securing all needed off-
site easements.
The details of this item shall be mutually agreed upon between the
developer and the County at a later date.
8-12
8.11 ELEMENTARY SCHOOL SITE
The Developer agrees to donate to the Collier County School Board a fifteen
(15) acre site as per agreement approved by the School Board on August 1,
1985. The School Board agreement to accept the developer's offer is
documented in the attached correspondence, Exhibit "B", consisting of a July
11, 1985 letter from Wafaa Assaad to Paul Muenzer (the offer) and an August
1, 1985 letter from Thomas Richey to Wafaa Assaad (the acceptance). The
changes referred to in the Richey letter are incorporated in the August 1,
1985 Collier County School Board minutes as follows:
1. Deed will be issued to the School Board by The Parklands prior to
the commencement of construction.
2. Right of first refusal to Parklands from the School Board.
3. Property would be made accessible by Parklands prior to the
completion of Phase II.
At such time as the first development increment of tile Parklands is planned
and construction approval is sought, or approval is sought for the removal of
other lands from The Parklands DRI, Collier County portion, the location of the
15-acre school site may be reconsidered, and upon agreement by the
Parklands and the Collier County School Board, the location may be modified.
Alternatively, the Collier County School Board may elect to waive the school
site dedication requirement, in which case the Parklands shall be obligated to
pay school impact fees in accord with the applicable School Impact Fee
Ordinance. In the event that a school site is dedicated by the Parklands,
impact fee credits shall be granted to the Parklands as provided for by the
applicable impact fee ordinance.
8.12 FIRE PROTECTION
The Developer agrees to donate/make cash payments to the North Naples Fire
Control District as per agreement approved by the North Naples Fire Control
District Board on August 14, 1985.
8.13 USE OF PROPERTY FOR ELECTION pOLI.S:
The use of the common facilities within the project for election centers/polls
shall be permitted as may be needed or required by the supervisor of
elections.
8-13
PROJECT
PAFtTICIPANTS
· .LEGEND u
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THE PAR'KLAN DS
CONCEPTUAL MASTER PLAN
EXHIBIT H
AMENDED June 8, 1993
I]62 3'59
.. '~ EXHIBIT "B"
agnoli, assaad, barber & brundage, inc.
professional e%ineers, planners & land surveyors
July 11, 1985
Mr. Paul Muenzer
Collier County Public School Board
3710 Estey Avenue
Naples, Florida 33942
Re= The Parklands DRI/PUD, N.O. ].030
Dear Mr. Muenzer:
On behalf of The Parklands project sponsors and in order
that the project may fully mitigate all of its impacts on
the school s~stem, and after considering the School Boards'
staff reaction to our previous offers dated June 12, and
June 25, 1985, we would like to make the following revised
offer for submission to, and consideration/acceptance by the
School Board:
1. We will donate to the Collier County Public Board, free
of charge, a fifteen (15) acre site to be located at the
northeast corner of the Collier County portion of the
project as generally identified on the attached
exhibit/map. Title to the ~ite is intended tO be
conveyed to the Collier County Public School Board and
the use of the property is intended to be for an
: elementary school use with approximately three (3) acres
of non-"ST" lands utilized for water management/lakes/
Drainage/Reserve.= The site shall be accessible and
furnished with utilities (up to the property line).
2. At the option of the Collier County Public School Board,
the School Board may, within ten (10) years, negotiate
with the Developer for the sale of the site back to the
D~:veloper at a price mutually agreeable to the School
Board and the Developer/Donor. ~
3. Should impact, fees be legally adopted by all of the
appropriate governmental agencies, then the noted offer
a.,~ outlined above will become null and void unless the
project is given a credit of equal value or unless an
exemption from such an impact fee is granted by the
proper agencies.
Please 13~ 7400 tarniarni trail, n. naples, florida 33963 (813) 597-3111
ReDly lo: r'-, 20.77 bayslde Darkwav. forl myers, florida ,33901 (8131 337-3111
EXHIBIT
Mr. Paul Muenzer
July"ll, 1985 Page 2
The above offer is cdntingent upon securing all of the needed
approvals and permits.
We would appreciate your assistance in scheduling and presenting
this matter to the School Board for their approval in their
earliest possible meeting.
Should you have any questions regarding the above matter, then
please do not hesitate to contact us.
Respectfully Submitted,
AGNOLI, ASSAAD, BARBER'& BRUNDAGE, INC.
WFA/ga
cc: J~mmy R. Adkins, P.A.
Lisa Gargiulo
· . ~orge Varnadoe, P.A.
.,"' THE PARKLANDS
EXHIBIT "B".
GENERAL LOCATION MAP
., SITE
· XHIBIT A
OFFICE OF THE
SUPERINTENDENT
3710 Estey Avenue
~.' Naples, Florida 33942-4499
'i~ ;813) 774-3460
AususC 1', 198.5 "~'
Hr. ~afaa ~. Assaad "
Agnol:l., Assa~td, Barber & ]5runda~e, Inc. ....
7400 Tamiami Trail, N. .',
Naples, Florida 33963 ·
Deer Mr. As~ead~
The School Board of'Collier County, in o[£icial action on August ''-
l, 1985, accepted ~he~ of[er of fifteen (15) acres for exclusive '.
use by ~he Collier Cou~nty Public School Sys.~eu. Th~s acceptance ..
vas predicated on verbal chen~es, at the board needing, relative
Co ~he prop~.;rty bein~ deede3 to ~he School Board- and vi~h ~he
oiler of r~gh~ o[ [~rsc re[usal ~o ~he o~ers of ~e ~arkl~ds.
~e appreciate th~s oiler ~o ~he School Board o[ Collier County.
Please no~[fy us ~[ we c~n assist, ~n any way pos3[ble, your
. ..: . . : : · . . ~..-~','.. . ,.. ... . .... , .
Superintendent
~/v,
CC~ School ~o~rt Hembers
3'63
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 As a true copy of:
Ordinance No, 93-43
which was adopted by the Board of County Commissioners on
the 2?th day of July, 1993, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd
day of August, 1993. '
, .'.., ,~% ~..~ .~ ;%~/ .
DWIGHT E BROCK .' -%~'"'..-'. .... '
Clerk of Courts and C./'eT~.'. '...'~'.. "' ",
Ex-officio to Board ofC~3',..~. , .. .... , , . . w_,
County Commissioners. -',:, .... · .¢,.~ : m
S~: /s/Maur~enh~yon .. '-" /~ · ,~
~ Deputy Clerk .. ". '/ ,"..~"...
mmmm imm mm
DEVELOPMENT ORDER 93- 1
RESOLUTION NUMBER 93- 288
A RESOLUTION AMENDING DEVELOPMENT ORDER
85-4, AS AMENDED, OF THE PARKLANDS
DEVELOPMENT OF REGIONAL IMPACT (DRI), BY
PROVIDING FOR: SECTION ONE A WHICH AMENDS
THE TITLE OF THE DEVELOPMENT ORDER TO
REFLECT REVISIONS TO THE LEGAL
DESCRIPTION; SECTION ONE B WHICH AMENDS
THE FINDINGS OF FACT TO REFLECT R]~VISIONS
TO THE LEGAL DESCRIPTION; SECTION ONE C
WHICH AMENDS THE FINDINGS OF FACT SECTION
TO REDUCE THE ACREAGE ATTRIBUTABLE TO THE
ENTIRE DEVELOPMENT AS WELL AS TO CERTAIN
IDENTIFIED USES THEREIN; SECTION ONE D
WHICH AMENDS THE CONCLUSIONS OF LAW,
TRANSPORTATION SECTION, TO REFLECT A
CHANGE IN THE DESCRIPTION OF THE
ALIGNMENT OF THE ACCESS ROAD TO BE
PROVIDED; SECTION ONE E WHICH AMENDS THE
CONCLUSIONS OF LAW, TRANSPORTATION
SECTION TO REFLECT A REDUCTION IN THE
MAXIMUM NUMBER OF RESIDENTIAL SINGLE
FAMILY DWELLING UNITS PERMITTED; SECTION
ONE F WHICH AMENDS AN UNTITLED SECTION OF
THE DEVELOPMENT ORDER TO PROVIDE FOR THE
INCORPORATION OF THE AMENDED MASTER PLAN
AND PUD DOCUMENT; SECTION ONE G WHICH
AMENDS THE REQUIRED DATE FOR COMMENCEMENT
OF DEVELOPMENT; SECTION TWO, FINDINGS OF
FACT; SECTION THREE, CONCLUSIONS OF LAW;
SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County,
Florida approved Development Order 85-4 (the Development Order) on
September 10, 1985 which approved a Development of Regional Impact
· (DRI) known as The Parklands; and
WHEREAS, the Application for Development Approval (ADA) was
incorporated' into and by reference made a part of the Development
6rder; and
WHEREAS, the real property which is the subject of the Devel-
opment Order is legally described and se~ forth in Exhibit "A" to the
Development Order; and
WHEREAS, the owners of the DRI property are desirous of amending
the Development Order; and
WHEREAS, Neale Montgomery, representing The Parklands, petitioned
the Board of County Commissioners of Collier County, Florida, to amend'
the Development Order; and
WHEREAS, the Collier County Planning cOmmission has reviewed and
considered the report and recommendations of the Southwest Florida
~'~'. Regional Planning Council (SWFRPC) and held a public hearing on the
petition on May 20, 1993; and
WHEREAS, the Board of County Commissioners of Collier County has
reviewed and considered the reports of the SWFRPC and the Collier
County Planning Commission and held a public hearing on the petition on
July 27, 1993;
NOW, THEREFORE, BE 'IT RESOLVED BY THE BOARD OF COUNTY
COMHISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER
A. The Title to Development Order 85-4, as amended, for the
Parklands is hereby amended to read as follows:
DEVELOPMENT ORDER 85-4
DEVELOPMENT ORDER OF THE BOARD OF COUNTY COM24ISSIONERS OF
COLLIER COUNTY, FLORIDA FOR THE PARKLANDS PLANNED UNIT
DL~w'ELOPMENT LOCATED IN SECTIONS $ AN~ 9, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
B. Paragraph 1, Findings of Fact, of Development Order 85-4, as
amended, for the Parklands, is hereby amended to read as follows:
1. That the real property which is the subject of
the ADA is legally described as set forth in
Exhibit A, the Planned Unit Development
Document for The Parklands, attached, hereto
and by reference made a part thereof is hereby
~ended for the PurPoses of reducing the. area
ggvered by The Parklands Dev~l~:ment Order
85-4. as amended, so that the area is now
described as follows:
The e~st one-half ~E 1/2) of Section 4.
Tgwnshin 48 South. RanGe 26 East. Lee CountY.
Florida
AND
S~ction 9. Township 48 South. RanGe 26 East.
Collier Countv. Florida. containing ' 966.31
acres more or less Cboth counties).
C. Paragraph 4, Findings of Fact, of Development Order 85-4, as
amended, for The Parklands, is hereby amended to read as follows:
4. The applicant proposes the development of The Parklands
Planned . Unit Development, for ~5,~642.2 acres;
~r4-1~1.603 residential (single and multi-family) units
on approximately 49~733~.7 acres at a density of 2.5
units per acre; recreation open space (approximately
4~.7310.5 acres) which will include a golf course and
club (approximately I~5.~110.3. acres) a 7.23 acre County
Park site, a fifteen (15) acre school site, grounds
maintenance facilities, central water and sewage
facilities, and the required rights-of-way and/or roads.
D. Subparagraphs a, b and c cf Paragraph 9, Transportation
Conditions of Section A, Conclusions of Law of Development Order
-.S$-4, as amended, for The Parklands, is hereby amended to read as
follows=
9. TRANSPORTATION= The Parklands DRI site is currently
accessible only by a gravel road on the north border in
Lee County. Development of the DRI will require paving
and extension'of Carrel1 Road to the east, construction
of access roads to the site from the ~e~th~cutnorth and
south, and provision of roadway improvements along
Immokalee Road in Collier County.
Conditions:
a. Prior to the issuance of any construction permits
for the Parklands Phase II (Year 1991), the
applicant shall commit to construct or cause to be
constructed at no cost to the local government, an
access road and intersection improvements deemed
necessary by the Lee and Collier County Engineers,
running n=rth~cr~north and connecting with Carrell
Road. This access roadway shall be completed prior
to the granting of any certificate of occupancy
within Phase ii.
Following the initial construction by the applicant
of the n:rth~c=tnorth and south access roadways,
these roadways shall be placed under a monitoring
program to ensure that level-of-service C is not
exceeded during buildout of the Parklands.
Prior to the issuance of any construction permits
for the Parklands by Collier..County, the applicant
shall commit to construct or cause to the
constructed at no cost to the local government an
access road and intersection improvements deemed
necessary by the County Engineer running south and.
connecting with Immokalee Road. This access
roadway shall be completed prior to the granting of
any certificate of occupancy in Collier County.
b. Becaus~ several large developments have been
proposed in this area, there is need for a major
collector between Carrell Road and Immokalee Road
through the Parklands project. .Therefore, the
applicant shall provide or cause to be provided a
major collector road through the Parklands or
donate right-of-way on the eas~ern boundary of the
Parklands not to exceed 75 feet, subject to the
approval of the Collier County Engineer.
If rioht-of-wav ac~uisitionfdedication and/or road
construction oblioations which are imoosed by thi~
development order cannot be accommodated because
environmental permitting, water management.
hazardous waste, archaeological or other
considerations relating to the nature of the
PrOPosed alianment. Dubltclv approved and
functionally e~uivalent alternatives which do
increase the Parklands rioht-o~-way don~%ion
road construction obli~ation Day b9 substitute~
however, a Notice of Proposed Cba~g~ pursuant to
Chapter 380.06 Florida Statutes shall be reouired.
o. At the time that any portion of the following
roadways is found to exceed level-of-service "C"
(by the Collier County Engineering Department or
other appropriate County Department), the applicant
shall become obligated to pay a proportionate share
~ of the cost of the total improvements necessary to
maintain level of service "C"=
(1) Immokalee Road from CR 951 to Parklands' south
access
(2) Immokalee Road from Parklands' south access to
Oaks Blvd.
(3) Immokalee Road from Oaks Blvd. to Airport
Roa~.
(4) Parklands south access road from Parklands
boundary to Immokalee Road.
(5) Parklands ~north access road from
Parklands north boundary to Collier County
E. Subparagraph 2 of Subsection C of Paragraph 3, Transportation,
of Section B, Conclusions of Law of Development Order 85-4, as
amended, for The Parklands, is hereby amended to read as'follows:
:: 2. Notwithstanding 1. above, the maximum number of
residential dwelling units permitted within the Collier
County portion shall not exceed IS§123 single family and
915 multi-family units.
F. Paragraph 1, of an untitled Section of Development Order
85-4, The Parklands, is hereby amended to read as follows:
1. All commitments and impact mitigating actions provided
by the applicant in the Application for Development
Approval and supplemental documents and the application
for Public Hearing or rezoning and supplemental
documents that are not in conflict with conditions or
stipulations specifically enumerated above are hereby
adopted to this Development Order by reference. An
amended Master Plan and PUD Document dated 7177/g~ is
attached hereto and by reference incorporated herein as
p~rt of this amended develgDment order.
G. Paragraph 3, of an untitled Section of Development Order
85-4, as amended, for The Parklands, is hereby amended to read as
follows:
· 3. This Development Order shall remain in effect for the
duration of the project. However, in the event that
significant physical development has not commenced
within ,A~ ................. fourteen {14) years in
Collier County. development approval will terminate and
this development order shall no longer be effective.
For purposes of this requirement "significant physical
development" does not include roads, drainage or
landscaping but does include construction of buildings
or installation of utilities and facilities such as
sewer and water lines. This time period may be extended
by the Board of County Commissioners upon request by the
Developer in the event that uncontrollable circumstances
delay the commencement of development.
SECTION TWO: FINDINGS OF FACT
A. That the real property which is the subject of the
Substantial Deviation ADA is legally described as set forth in Exhibit
A, attached hereto and by reference made a part hereof.
B. The application is in accordance with Section 380.06(19),
Florida Statutes.
C. The applicant submitted to the County a Substantial Deviation
ADA and sufficiency responses known as composite Exhibit B, and by
reference made a part hereof, to the extent that they are not
inconsistent with the terms and conditions of this order.
D. The applicant proposes the development of The Parklands on
642.2 acres of land in Collier County for residential, recreational and
open space uses.
E. The proposed changes to the previously approved Development
Order are consistent with the report and recommendations of SWFRPC.
F. A comprehensive review of the impact generated by the
proposed changes to the previously approved development has been
conducted by the co.unty's departments and the SWFRPC.
G. The development is not in an area de~ignated an Area of
.Critical State Concern pursuant to the provisions of Section 380.06,
Florida Statutes, as amended.
SECTION THRE~: CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Development
Order do not constitute a substantial deviation pursuant to Section
380.06(19), Florida Statutes. The scope of the development to. be
permitted pursuant to this Development Order Amendment includes
operations described in the Notice of Change to a Previously Approved
DRI, Exhibit B, attached hereto and by reference made a part hereof.
B. The proposed .changes to the previously approved Development
Order are consistent with the report and recommendations of the SWFRPC.
C. The proposed changes to the previously approved development
will not unreasonably Interfere with the achievement of the objectives
of the adopted State Land Development Plan applicable to the area.
D~ The proposed changes to the previously approved development
are consisten~ with the Collier County Growth Management Plan and the
Collier County Land Development Code adopted pursuant thereto.
E. The proposed changes to the previously approved development
are consistent with the State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER.
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 85-4 shall remain
in full force and effect, binding tn accordance with its terms on all
parities thereto.
B. Copies of this Development Order 93- i shall be transmitted
immediately upon execution to the Department of Community Affairs,
Bureau of Land and Water Management, and the Southwest Florida Regional
Planning Council.
C. This Development Order shall take effect as provided by law. ·
BE IT FURT}iERRESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner Volpe offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
· Norris and upon roll call, the vote was:
AYES: Commissioner Volpe, Commissioner Norris, Commissioner Constantine,
· Commis~foner Matthews, and Commissioner Saunders
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this 27th day of July , 1993. .
BOARD OF ZONING APPEALS
COLLIER .COUNTY, FLORIDA
ATTEST i
DWIGHT E. BROCK, ~ERK
MA/~J~RIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
Ill
COFERED ~Y
~(END ~-D ~OONDXR~
L`%.ND LOC~.TED Z~ COLT,,~E~ COUNT!
SECTION
~, ~s~ ~ sou,m
RANGE 26 EAST, COLLIER COUNTY
FLORIDA
STATE OF FLORIDA
~EPARTHENT OF COMMUNITY AFFAIRS
DMSION OF RESOURCE PLANNING AND HANAGEKENT
BUREAU OF STATE PLANNING ·
2740 Centerview Drive
Tallahassee, Florida 32399
904/488-4925
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELO~ OF REGIONAL IMPACT (DRI)
SUBSECTION 380.06 (19) , FLORIDA STATUTES
Subsection 380.06(19}, Florida Statutes, requires that'
submittal of a proposed change to a previously approved DRI be
made to the local government, the regional planning agency, and
the state land planning agency according to this form.
1. · I, Neale Montgomery, the undersigned owner/authorized
representative of Dewey Gargiulo, et al., hereby give notice of a
proposed change to a previously approved Development of Regional
Impact in accordance with Subsection 380.06(19), Florida
Statutes. In' support thereof, I submit the following information
· concerni~g the Parklands development, which information is true
and correct to the best of my knowledge. I have submitted today,
under separate cover, copies of this completed no~i'~ication to
Collier County and Lee County, to the Southwest Florida Regional
Planning Council, and to the Bureau of State Planning, Department
of Community Affairs.
372
Dewey Gargiulo et al
N.T.G. Properties, Inc.
Route 2, Box 1700
Naples, Florida 33940
(813) 597-3131
Authorized ~gent [naml, ad~ress, phon~).
Neale Montgomery
Pavese, Garner, Havarfield, Dalton, Harrison, and
Jansen
lS33 Hendr~ Street
P. O. Drawer 1507
Fort Nyers, Florida 33902
Location (City, county, Township/Range/Sact£on) of
approved DRI and proposed change.
Approved DRI= The east half of sect/on 4, Township 48
South, Township 48 South, Range 26 East, Lee County,.
Florida and the east half of Section 8, less the south
60 feet, and Section 9, Township 48 South, Range 26
East, Collier County, Florida.
· Proposed change= Deletion of the east half of Section
· 8 less the south 60 feet, Township 48 South, Range 26
East, Collier County, Florida from the Parklands DRI.
Provide a complete description.of the proposed change.
Include any proposed changes to the plan of
development, phasing, additional lands, commencement
date, build-out data, development order conditions and
requirements, or to the representations contained in
either the development order or the Application for
Development ~pproval.
Indicate such changes on the project master
site plan, supplementing with other detailed
maps, as appropriate. Ad,itl'one1 information
may be requested by the Department.or any
reviewing agency to clarify the nature.of the
change or the resulting ~mpaots.
The proposed change is to eliminate the east half of
Section 8, T 48S, R26E, from the Parklands DRI. This
half section, 323.19 acres in area, is being sold. It
will be incorporated into an existing non-DRI, project
located in Collier and Lee County. The previously
2
approved Parklands DRI consisted of a half section of
land in-Lee County and I '1/2 sections of land in
Collier County. No change is proposed to the land
area, uses or density permitted in Lee County.
The permitted residehtial density in Collier County is
2.5 unit per acre. It is proposed that this permitted '
residential density not be changed, and thus the
reduction of the Collier County portion of the approved
DRI by one half section will result in the number of
permitted dwelling units being reduced by 807, from
2,410 to 1,603. The acreage reduction in the Collier
County portion of&the Parklands DRI will be from 965.4
acres to 642.21 acres. A plan .of the approved Collier
County portion of the Parklands Master Plan is attached
hereto, and is identified as "Exhibit A" and indicates
both the half section to be deleted and the road
alignment change which is necessitated by removal of
the half section.
The application to Collier County to modify the
Parklands DRI Development Order and the PUD zoning will
be filed simultaneously with an application to
incorporate the subject half section in the existing
Quail Wes2 PUD. The Quail West PUD has been approved
by Collier County and is currently under development.
Quail West, like the Parklands, lies partially in
Collier County, and partially in Lee County. Quail
West is a low density residential/golf course community
with no commercial uses permitted. The previously
approved Collier County PUD for Quail West Phase I
authorizes a maximum of 325 single-family dwellings and
an 18-hole golf course. The previously approved
portion of Quail West, which lies in Le~ dounty (Phase
II) authorizes a maximum of 225 single-family dwellings
and 9 golf holes. The half section of land which Quail
West is acquiring from the Parklands will constitute
the third and final Quail West development phase and
the rezone p~tition for Phase III which will be
simultaneously filed with the Parklands modification
applications and will request approval for .a maximum of
191 single-family dwellings and 9 golf holes. Thus,
the'complete Quail West development configuration will
consist of two 18-hole golf courses and a maximum of
766 single-family dwellings. A reduced Master
Development Plan for the three Quail West development
phases is attached.
The half section of land being transferred to Quail
West from the Parklands is an active farm field and is
devoid of natural vegetation except for a small amount
of cypress wetlands adjacent to the east boundary. The
3
cypress wetland area is .to be incorporated in a natural
preserve area. Jurisdictional wetland determinations
and any required wetland modification permits will be
acquired prior to development. The subject half
section is indicated by both the Parklands and Quail
West Master Plans as being a mix of residential
development area, golf course, and lakes. The
essential difference is that the Parklands Master Plan
indicates extensive areas of multi-family development
within the half section, while the Quail West master
Plan indicates only large (38,000+ square feet average)
single-family homesites.
Adjustments to the proposed Collier County Park/ands
D.C. which would be necessary to accommodate the
reduction in the project area includes; reducing the
number of dwellings authorized, and making appropriate
acreage corrections. The only other Lee and Collier
County Parklands DRI Development Order changes which
are proposed is to remove the requirement for
development of the "northwest road",' and an extension
of time for commencement of development of less than
five years.
The "northwest road" which is referenced in both the
Lee and Collier Parklands Development Orders, was
originally deemed necessary for general traffic
circulation and to provide access to the east half of
· Section 8 so that residents in that half section would
· not have to travel first to the east thence north to
access Carrell Road (Bonita Beach Road extended).
The incorporation of the east half of Section 8 in
Quail West will allow for the construction of a road
which provides the same function as the "northwest
road" by virtue of the fact that the street system in
the east half of Section 8 will be interlocked with the
remainder of the Quail West Development - the Quail
West Development is accessed by a recently developer-
constructed north/south road, Bonita Grande Road, which
extends from the principal Quail West entry north to
Carrell Road (Bonita Beach Road). Bonita Grande Road .
is a four lane divided median' roadway. Additionally, a
second access road, Northbrooke Drive, connecting the
Quail West project to Immokalee Road is planned and
will be constructed when the in-process permit
applications have been approved. A letter report from
the Parklands traffic engineer regarding the "northwest
road" and the change in traffic generation which will
result from the transfer of the east half of Section $
from Parklands to Quail West is attached hereto as
Exhibit B.
4
: The Development of the Collier County portion of the
,./i Parklands has not yet begun. The Lee County portion of
the .Parklands has initiated development in that
." significant contributions have been made for
infrastructure,, such as the improvements to Carrell
Road (Bonita Beach Road) and the acquisition of some
necessary right-of-way. The owner of Quail West also
contributed to these improvements. The elimination of
the east half of Section 8 from the Parklands vill
result in the delay of the development of the remainder
of the Parklands, because development in this area is
proceeding in a logical west to east fashion. Any
changes to ~he Parklan4s that may be made necessary by
this change are not regionally significant in that the
removal of the ~ast half of Section 8, and the
commensurate reduction in density vi11 result in a
significant diminishment of the overall impacts. The
elimination of the east half of Section 8 does not
create a reasonable likelihood of additional regional
impacts, and it does not meet or exceed any of the
thresholds set forth in Section 380.06(19)(b).,F.S. The
Parklands will be developed with the same overall
percentage of open space as is provided for by the
current D.C.
See the response to ques%ion ~13 for definitive
Development Order language adjustments.
6. complete the attached Substantial Deviation
Determination Chart for all lan~ use t~pes
approved in the development. If no change is
proposed or has occurred, indicate no change.
~o changes in land use types are propo~&~: The
previously approved land use types will be reduced in
proportion to the project area reduction. The
applicable infor~ation for the Substantial Deviation
DeterminatioD Chart is attached hereto as Exhibit C.
7. List all the dates and resolution n~ers (or
other appropriate iden~ification numbers) of
all modifications or amendments to the
origtnall~ approved DRI development order
that have been a~opted by the local
government, an~ provide a brief description
of the previous cha~ges (i.e., a~y
information not already addressed in the
Bubstantial Deviation Determination Chart).
Has there been a change in local government
jurisdiction for any portion of the
development since the last approval or
development order was issued? If so, has the
S
376
~j~':. annexing local government adopted e new DRX
development order for the'project?
There have been no prior ~odifications or amendments to
t.be originally approved DRX development order. There
has been no change in the local government with
Jurisdiction. Lee and Collier'County are still the
local governments ~ith authority over their respective
portions of this project.
8. Describe a.~y lands purchased or optioned with
· . X/4 mile of tho original DP~ site subsequent
to the original approval or issuance of the
D~X development order. Xdentify such land,
its size, intended use, and adjacent non-
pro~ect land uses within 1/2 mile on a
pro~ect master site plan or other map.
There have been no lands p~urchased or optioned within
1/4 mile of the original DP~ site.
9. Xndicate if the proposed change is less than
40% (cumulatively with other previous
chan~es) of any of the criteria listed in
The proposed change is less than 40% cE any of the
criteria listed in Para,apb 380.0~(19)(h), F.$. The
change will result in a reduction in land area, and a
reduction in the overall density off the area.
lo. Does the proposed change result in a change
to the ~uildout date or any phasing date of
the project? lg so, indicate the proposed
new Muildout or phasinq dates.
The deletion of the east half cE Section 8 will, along
with other factors, result in a change in the buildout
date/phasing date of the project. Xt is proposed that
the project initiation and buildout date be extended by
4 years and ~4 days.
Will the proposed change require an amendment
to the local govex~znent comprehensive plan?
· " 062 37.7
~OOK
Provide the follow~ng fo~ incorporation into such an a~nended
development order, pursuant to Subsections 380.0~(15), F.S., and
9J-2.025, Florida ~dministrative Codes
12. An updated master site plan or other map of
the development portra~ing and distinguishing
the proposed changes to the previously
approved DRI or development order conditions.
See the attached exhibit referenced in ~$ above.
13. Pursuant to Subsection 380.06(19)(f),
include the precise l~ngua~9 that is being
proposed to be deleted or added as an
anendment to the Development Order. This
language should address and
a. All proposed specific changes to the nature,
phasing, and build-out date of the
dsvelopmsnt~ to development order conditions
and rs~u~remsnts~ to commitments and
representations ~n the Application for
Development Approval~ to the acreage
attributable to each described proposed'
change of land use, open space, areas for
preservation~ green belts~ to structures or
to other ~mprovements including locations,
square footage, number of units~ and other
· major characteristics or components of the
proposed changes
See attached proposed Collier and Lee County D.O.
changes. . ..
An updated legal description of the property,
~f any proJec~ acreage is/has been added or
deleted to the previously approvsdplan of
development~.
Subsequent to removal of the east half of Section
the' updated legal description for the Parklands DRI
The east one-half (E 1/2) of Section 4, Township 48
South, Range.26 East, Lee County Florida
AND
· Section 9, Township 48 South, Range 26 East, Collier
County, Florida containing 966.31 acres more or less
(bo~h counties).
o. ~ proposed a=anded davelopmen~ or,ar ~ea~lina
fo~ commencing physical ~evelopman~ of the
p~oposed cha~ngas~ if ap~licable~
The County Attorney's offica~ in and for Lee Co~nty~
has submitted that the date by which the Parklands (Lee
County) development must commence is November 20, 1993.
The applicant would respectfully request an extension
of four years and 364 days, which would result in an
extension of the date for the commencement of physical
development to November 19, 1998. The Applicant
submits that they have already initiated physical
development in the contribution to the construction of
the extension of Carrell Road.
The amendment to the development order would be as
follows:
(page 17 of the DO) 8. ~he deadline for commencing
physical development under this Development Order shall
be ~/~/~/$~/~/~/~/~~/~$/~
~$~$ November 19. 1998, provided that all conditions
are met in a timely manner and further provided that
this effective period may be extended bythis. Board
upon a finding of excusable delay in any proposed
development activity and that considerations have not
changed sufficiently to warrant further consideration
of the development. In the event the developer fails
· to commence significant physical development of that
.property identified in this development order~$~$
~~$/~$~$] bF November 19. 1998, development
approval shall terminate and the development shall be
subject to further consideration .... This Development
Order shall otherwise terminate~ in
24 years and ~64 days from its approval date, unless an
extension is approved.
It is also necessary to request a corollary
extension in Collier County. The amendment
would be to Paragraph 3, following the , "BE
IT YURTHER RESOLVED, by the Board of County
Commissioners of Collier County, that:
The amendment is as follows:
This Development Order shall remain in effect for the
duration of the project. However, in the event that
significant physical development has not commenced
within Collier County ~$/X~ fourteen ¢14~ years~
development approval will terminate and this
development order shall no longer be effective.
8
.'.. do ~ proposed amended development order
:~ . terminati~n date that reasonably reflects the
.., time required to complete the ~evelo~ment~
It is herein submitted that the termination date in the
Lee County development order should be extended from
twenty years to twenty four years and 364 days. The
precise language change is set forth
paragraph 13.c. above.
It does not appear that a termination date has been
included in the Collier County DRI DO. The DRI DO
states that the, "Development Order shall remain in
effect for the duration of the p~oJect." It appears
that properly addressing the commencement date for the
Collier County DRI DO also addresses the termination
date.
e. A proposed amended development order date
until which the local government agrees that
the changes to the DRI shall ~ot be subject
to down-zoning, ttnit density reduction, or
intensity reduction, if applicable~
The applicant is not requesting an amendment or
extension of the time frame during which the project
cannot be subject to a down-zoning.
f. · Proposed amended development order
specifications for the annual report,
including the date of submission, con~ents,
and parties to whom the report ~s submitted
as specified in Subsection 9J-2o025(7),...
The applicant is not requesting any amendment or
adjustment to the annual report requirements. The
applicant ha~ submitted the annual report each year
since the project was approved, and the applicant will
continue to provide the annual report.
13oa. Changes to the Collier an~ Lee
Count~ Development Orders which ara
necessar~ to conform the
Development Orders to the removal
of the east half of 8-48-26 from
· the DRI are as follows~
9
3'$0
COLLIF~ COUNTy D.O. C~ANG£S
1. The Development Order heading is to be modified as follows:
DEVELOPMENT ORDER 85-4
DEVE~3PMENT ORDER OF THE BOARD OF COUNTY C0M~ISSIONERS OF
COLLIER COUNTY, FLORIDA FOR THE PARKLANDS PLANNED L~NIT
DEVELOPMENT LOCATED IN SECTION$/$/~)(~ 9 TOWNSHIP 48 SOUTH
RANGE 26 EAST, COLLIER COUNTY, FLORIDA
2. Modify the legal description referenced in FINDINGS OF FACT
Item i as E~hibit 'A", by conforming it to the legal description
provided in response to 13.b.
3. Modify FINDINGS OF FACT Item 4 as follows:
The applicant proposes the development of The Parklands
Planned Unit Development, for ~$$]~ acres~
residential (single and multi-famil~its on approx'im--~t~ly
~$/2~ acres at a density of 2.5 units per acre~
recrea--t-f~ open space (approximately $~/~i~.i~ acres) which
will include a golf course and club (appro~'~ely
~$/$~ a.cre.s) a 7.2~ acre County Park site, a fifteen
(15) acre scnoo- site, grounds maintenance fa'cilities,
central water and sewage facilities, and the required
rights-of-way and/or roads.
4. Modify the introductory paragraph and subparagraph a. of 9.
TRANSPORTATION as follows:
9. TRANSPORTATION: The Parklands DRI site is
currently accessible only by a gravel road on the
north border in Lee County. Development of the
DP~ will require paving and extension of Carrell
Road to the east, construction of access roads to
the site from the }4~}~$~ and south, and
provision of roadway improve--~s along Imnokalee
Road in Collier County.
¢ond it ions:
a. Prior to the issuance of any construction
permits for the Parklands Phase II (Year
1991), the applicant shall commit to
construct or cause to be constructed at no
cost to the local government, an access road
and intersection improvements deemed
necessary by the Lee and Collier County
Engineers, running ~)~$~ and
connecting with Carrell Roa~.~is access
roadway shall be completed prior to the
gran.ting of any certificate of occupancy
within Phase II.
Following the initial construction by the
applicant of the ;~$~ and south
access roadways, these roa~ shall be
placed under a monitoring program to ensure
that level-of-service C is not exceeded
during buildout of the Parklands.
Prior to the issuance of any construction
permits for the Parklands by Collier County,
the applicant shall commit .to construct or
cause to the constructed a~ no cost to the
local government an access road and
intersection improvements ~eemed necessary by
the County Engineer running south and
connecting with .Immokalee Road. This access
roadway shall be completed prior to the
granting of any certificate of occupancy in
Collier County.
5. Modify subparagraph c. of 9.TRANSPORTATION as follows:
c. At the time that any portion of the following roadways
is found to exceed level-of-service "C" (by the Collier
County Engineering Department or other appropriate
county Department), the applicant shall become
obligated to pay a proportionate share of the cost of
the total improvements necessary to maintain level of
service "C":
(1) Immokalee Road from CR 951 to Parklands' south
access .
(2) Immokalee Road from Parklands' sough'access to.
Oaks Blvd.
(3) Immokalee Road from Oaks Blvd. to Airport Road
(4) Parklands south access road from Parklands
boundary to Immokalee Road
· ($) Parklands ~)4~$)~ access'road from
Parklands ~ boundary-~--dollier County line.
6. Section B.3.C.2 (Collier DRI DO) shall be amended to read:
Notwithstanding 1. above, the maximum n,,~her of residential
dwelling units permitted within the Collier County portion
shall not exceed ~$$~ single family and 915 multi-family
units.
7. This Development Order shall remain in effect for the
duration of the project. However, in the event that significant
physical development has not commenced within Collier County ~
~$~ ~ yearsA development approval will terminate and
this development order shall no longer be effective.
-'i~ LEE COUNTY D.O. CHANGE~
~' 1. Modify the legal description at the bottom of Page I as
!?!~'~ ' indicated on the response to 13.b.
Findings of Fact, Paragraph A. needs to be amended as follows~
A. The applicant.proposes to develop a mixed use
· . project including ~755~ residential
dwelling units, a golf co'- urse, and 120,000
squar~ feet of commercial space on
approximately ~]~$$/$~ acres i, both Lee
and Collier Counties.....-----~ .......
2. Delete Subsection D.2. from the TRANSPORTATION section of
the Development Order as follows:
~////~/~/A~/~/~~/$~/~ ..
383.
0
~odify D.3. as follows~
The developer of ~e Parian,s shall const~=t, at
~o cost to ~e Co~ty, two paved l~es on Ca~e11
Road from ~e ex~st~ng pa~ent east of I-TS (as of
~e date of ~s Development Order) to ~e easte~
bo~da~ ~f The Par~ands. The co~st~ct~on of
~e section of Ca~ell Road e~ension from ~e
ex~st~ng ~a~ent east of 1-75 to~~~
~.~.~ and ~e eas=e~ Doun~a~ of The
Par~ds shall be const~cted prior to the
issuance of any building pe~lts for that potion
of The Parklands located in ~e County.
? Costs to be paid o~ arranged for by ~he developer
' shall includ& the full costs of desip~/
engineering, utility relocation (if needed),
right-of-ray acquisition, const~ction, and
relocation of drainage facilities (as needed).
The cross-section designed for this road shall be
designed to allow eventual four-laning of Carrell
Road. The alignment, design, and construc~ion
schedule for this project shall be approved by the
Lee County Engineer.
The developer ofT he Parklands shall provide, at
no cost to Lee county, 150 feet of right-of-way
for c~nstruction of Carrel1 Road improvements. If
the developer is not able to acquire the necessary
right-of-way for this road, he shall enter into an
agreement with Lee County to rei~burse all costs
incurred by Lee County in a condemnation action if
it becomes necessary to acquire this land by
condemnation.
The developer shall not be eligible for credits
against Roads Impact Fees for construction or
dedication of right-of-way associated with Carrell
Road improvements since they are ~site-related" as
this term is defined in the Roads Impact Fee
Ordinance. However, proportionate share payments
or reimbursements from other users of this road
shall, if obtained, reduce the cost to The
Parklandst developer if supported as stated in
subparagraph 6 below.
4. Delete the second paragraph from D.4., ~.that D.4.
will read as follows=
The developer of The Parklands shall dedicate to Lee
County 75 feet of right-of-way along the eastern
boundary of The Parklands from Carrel1 Road to the Lee
County/Coll~6r County line forthe eventual
construction of a north-south collector road between
Carrell Road and David C. Brown Highway.
· ;~l~l~i~lll~l~~l~l~l~.,'~.~...~.-'~.
~The.developer shall not be eligible for credits against
· '' ~ Roads Impact Fees for this dedication.
5. .~Modify t~e fifth paragraph of D.6. as follows=
Except as otherwise provided by County ordinances, the
.:developer shall not be eligible for credits against
~Roads Impact Fees for improvements and right-of-way
~l~edications required in Sections D.2, D.3, and D.5
~bove since these are considered "site-related", as
~this term is defined in the Roads Impact Fees
~Ordinance, and .in Section D.4 for the reasons stated in
~that section. However, during the development the
!developer may submit a new traffic impact statement to
)the County Engineer examining the combined effects cf
~pproved and proposed development east of 1-75 having ·
~.access directly or indirectly to Carrel1 Road. This
~traffic impact statement, which is'subJ~ct'to review
~upon whether it meets the relevant crit~ria.set forth
$~n Exhibit "E", shall specifically ad~ress the issue of
~hether other developers in the area are or should be
~obligated to 9aY a proportionate share for construction
=of the extension of Carrell Road
~$~. This proportionate share shall be determi~ed by
~Lee.County and shall be the proportion of the cost of
~he Carrell Road extension
15
'Z'
,- project to tote.1 traffic, generated by the development ' ~.. '
~" contributing to the projected traffic on these roads. ~ ;
Under no circumstances shall this paragraph be
construed to require Lee County or any successor local
governmental body with Jurisdiction over carrel1 Road
share of these roads. ..~.
6. Hodify D.10 as follows: './.
"!' 10. The developer agrees not to provide direct access
from Lee County to the Collier County portion of
The Park/ands except along the Carrell Road
extension~ through the Lee County portion of The .~'
after ~$$ ~ road has been constructed to the
specifications---found, in this-Development Order.
7. Delete D.12 as follows: .. ..'
8. ' ~odffy E~htbit ~ ~h~ch is en attachment to the Lee
County Development Order~ es sho~n on the following
~he ~mend~ent to the develo~ent order ~h'~ll
be as follows:
.:' (page 17 of the DO) S. The deadline for cc=menc~ng
!, physical development under this Development Order shall
9)~9~ November 19. 199~, provided ~at all conditions
are met tn a timely manner and fu~her provided ~at
~is effective per~od may be e~ended by ~ls Board
upon a finding of ex~s~le d'elay ~n ~y proposed
development activ~ty and that considerations have not
changed sufficiently 2o wa~an2 f~er consideration
of the development. In ~e event ~e developer fails
to co~ence si~f~cant physical development of
propa~y ~dentified in ~[s developme~2 order ~ ·
approval shall resinate and the development shall be
s~jegt to fu~her consideration .... This Development
16
fl62 3'87
Order shall otherwise termtnate~ in
24 years and ~64 days fr~'i~ approval date, unless an
. e~ension is approved.
'::
17
DELETED
W
~ ' 75'
" ~ ""
· . ._.lC_ , ~ .....
., .~ THE PAR'~LANDS '
$ ~ CONCEPTUAL MASTER PLAN 081993
~ ~o
'.o~ 062-~, 3'89
"
'"" "':. BARR, ~LOP & ASSOC , INC.
CONSIJIEI~O l~lqOlNEEll8 ~
~ ~441~1 ~1)) 261.2)~
~: ,
:~/ Decemb~ 8, 1992
!
;. Mr. Willim ~ Vines, P~sident
· ~ V~es & Assoclates, Inc.
715 Ten~ Sme~ Sou~
Naples, ~odda 33940
Dear Bill:
Re: No~ce of~ange for P~& D~
' Enclosed is a raffle analysis for the ch~ge of&e ~ 1~ ofsecfiou 8, Co~ ComW,
from the Parklands DRI to Quail West Ph~e IlL ~ expecte~ ~e ~alysis ~dimtes a
si~ificant reduction in mffic impacts when comp~g ~e Q~! West Ph~e ~
development plan to the approved pl~. ~so, ~ we di~c~se~ ~e access to ~s ~ea is
se~ed by effectively the same road ~stem ~ desm~d ~ ~e P~ Devclopmmt
Ordem
If you have any questions, plebe let ~ ~ow.
S~cercly,
~ch~d ~ B~, ~CP
Vice President
..... · ~:sh
Enclosure
S~ DE~P~ * ~IB~, ~A~ A~ N~ ~ * ~ * ~C ENG~
390
':' 'BA DUNLOP & ASSOCIATES, INC.
December 8, 1992
TRAFFIC IMPACTS OF THE PROPOSED CHANGES TO
TIlE PARKLANDS DRI PLAN OF DEVELOPMENT
EAST 1/2 OF SECTION 8, COLLIER COUNTY
The Parklands DRI is being revised to account for shifting the ca~t lf2 of Section 8
(Collier County) from The Parklands developmint plan to the Quail West development
This area, consisting of 323.19 acres, is proposed for development as Phase III of Quail
West This traffic analysis examines the changes in. traffic impacts of removing this
parcel fi.om the The Parklands and developing it as proposed in the Quail West ra
project, which will be developed at a significantly lower density.
I..4ND USE MIX
The land use types and quantities in the east I/'2 of Section 8 (Collier County) to be
removed fi.om The Parklands and those now proposed for Quail West III are presented in
Table 1. As indicated, the proposed plan contains 191 single family dwelling units, as
compared to 62 single family and 745 multi-family units which ~re to be removed bom
The Parklands, a reduction of 616 dwelling units.
TABLE 1
LAND USE QUANTITIES
THE PARKI~NDS DRI
(EAST I/2 OF SECTION $)
& QUAIL WEST Ill
LAND USE TYPE APPROVED PROPOSED
THE PARKLANDS QUAIL WEST HI
SIN~II,E FAMII,Y 62 d.u. . 191 d.u.
MU1,TI-FAM1LY 745 d~u,
'nw/U, 807 d,u, 191 d.u,
391