Ordinance 93-74 ORDINANCE
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS_
AMENDED, WHICH ESTABLISHES THE COMPREHENSIVE~
ZONING REGULATIONS FOR THE UNINCORPORATED AREA~
OF COLLIER COUNTY, FLORIDA, BY AMENDING THE~
OFFICIAL ZONING ATLAS MAP NUMBER 0617S; BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO
"PUD", PLANNED UNIT DEVELOPMENT, KNOWN AS
WINDSONG PUD, FOR 104 ACLF UNITS AND 134
RESIDENTIAL UNITS, FOR PROPERTY LOCATED AT THE
NORTHWEST CORNER OF COUNTY BARN ROAD AND
RATTLESNAKE HAMMOCK ROAD (C.R. 864), AND LYING
IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
37.6 ACRES; AND BY PROVIDING AN EFFECTIVE
DATE ·
WHEREAS, the residential portion of the Windsong Planned Unit
Development (PUD), which permits 156 dwelling units at a density
of 5.36 units per acre, has been found to be inconsistent with
the Density Rating System contained in the Future Land Use
Element of the Growth Management Plan;
WHEREAS, the two and one-half (2%) acre commercial portion of
the Windsong PUD, which permits a variety of office, business and
retail commercial uses, has been found to be inconsistent with
the locational criteria for commercial uses contained in the
Future Land Use Element;
WHEREAS, the four (4) acre ACLF (Adult Congregate Living
Facility) portion of the Wlndsong PUD, which permits 104 ACLF
units, has been found to be consistent with the locational
criteria and density cap for institutional type uses contained in
the Future Land Use Element;
WHEREAS, the subject property is "unimproved property" as
defined in the Zoning Reevaluation Ordinance NumBer 90-23, as
amended;
WHEREAS, due to the inconsistent zoning of the subject
property and its status as unimproved property, the owner was
notified of a potential rezoning to a consistent zoning district
pursuant to Subsection 8.3 of the Zoning Reevaluation Ordinance
Number 90-23, as amended;
WHEREAS, pursuant to Section 10 of the Zoning Reevaluation
Ordinance Number 90-23, as amended, the subject property owner
filed a Compatibility Exception application (#CEX-049-SN)~
WHEREAS, based upon the criteria contained in Subsection 10.6
of the the Zoning Reevaluation Ordinance Number 90-23, as
amended, the Long Range Planning Director (f/k/a Growth Planning
Director) denied said application~
WHEREAS, pursuant to Subsection 10.5 of the Zoning
Reevaluation Ordinance Number 90-23, as amended, the subject
property owner filed an Appeal of the Director's determination of
denial (application ~CEX-049-SN/A)~
WHEREAS, on June 8, 1993,.the Board of County Commissioners
heard and denied said Appeal concluding that a consistent zoning
district would be compatible with surrounding properties, as
evidenced by Resolution Number 93-231~
'WHEREAS, the Board of County Commissioners directed staff to
initiate this rezoning to a consistent zoning district, as
evidenced by Resolution Number 93-231~
WHEREAS, the Collier County Long Range Planning Department
petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property to be
consistent with the Future Land Use Element of the Growth
Management Plan~
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Zoning Classification of the herein described real
property located in Section 17, Township 50 South, Range 26 East,
Collier County, Florida, is changed from "PUD" to "PUD", Planned
Unit Development, in accordance with the PUD document attached
hereto as Exhibit "A" which is incorporated herein and by
reference made part hereof. The Official Zoning Atlas Hap
Number 0617S, as described in Ordinance Number 91-102, the
Collier County Land Development Code, as amended, is hereby
amended accordingly.
Ordinance Number 88-6, known as the Windsong PUD, adopted on
January 12, 1988 by the Board of County Commissioners of Collier
County, Florida, is hereby repealed in its entirety.
This Ordinance shall become effective upon 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 ~ day of
~, 1993.
.A~TEST: . '..¢~/~ .. BOARD OF COUNTY COMMISSIONERS
."DWIGHT. E'. '~R~.~, CLERK COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
~ LEGATV'SUFFICIENCY
MARJO~IE M. STUDENT c~oy o~ ~
ASSIST,~%T~ COUNTY AT*Z'OP. NEY
WINDSONG ORD
063 3'35
WINDSONG
A PLANNED UNIT DEVELOPMENT
37.6 Acres Located in Section 17,
Township 50 South, Range 26 East,
Collier County, Florida
WILSQN, MILLER, BARTON, SOLL & PEEK, INC.
1383 AIRPORT ROAD, NORTH
NAPLES, FLORIDA 33942
JANUARY 1988
WORK ORDER 5158.2
Date Submitted: August 6, 1987
Date Revised: December 30, 1987
Date Approved by BCC: January 12, 1988
Ordinance Number: 88-6
REVISED OCTOBER, 1993 BY THE
COLLIER COUNTY LONG RANGE PLANNING DEPARTMENT
Revised PUD Approved by BCC= Ootober 12, 1993
Exhibit "A"
,oo @63 336
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS
~: SECTION I
STATEMENT OF COMPLIANCE AND SHORT TITLE ........... 1-1
SECTION II
STATEMENT OF INTENT ............................. · · 2-1
SECTION III
PROPERTY OWNERSHIP & LEGAL DESCRIPTION ............ 3-1
SECTION IV
i.. GENERAL DEVELOPMENT REGULATIONS ................... 4-1
,', SECTION V
.:, GENERAL DEVELOPMENT COMMITMENTS ................... 5-1
LIST OF EXHIBITS
~,~:~- EXHIBIT 'A P.U.D. MASTER PLAN, WMBS&P FILE NO. RZ-164
· , (modified by Collier County Long Range
~i.' Planning Department)
EXHIBIT B DELETED
EXHIBIT C SOILS MAP, WMBS&P File No. RZ-164
EXHIBIT D VEGETATION MAP, WMBS&P File No. RZ-164
" EXHIBIT E UTILITIES ENGINEERING MEMORANDUM
SECTION !
STATEMENT OF COMPLIANCE AND SHORT TITLE
The development of approximately 37.6 acres of property at the
northwest corner of County Barn Road and Rattlesnake Hammock Road
(CR-864) in Collier County, as a Planned Unit Development to be
known as Windsong and permitting 104 Adult Congregate Living
Facility (ACLF) units on four acres and 134 residential
multi-family dwelling units on 33.6 acres, will be in compliance
with the goals, objectives and policies of the Collier County
Growth Management Plan for the following reasons:
1. The subject property is. within the Urban Residential Land Use
Designation as identified on the Future Land Use Map as required
in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use
Element.
2. The subject property's location in relation to existing or
proposed community facilities and services permits the
development's residential density as required in Objective 2 of
· .the Future I~nd Use Element.
3. The project development is compatible and complementary to
existing and future surrounding land uses as required in Policy
5.4 of the Future Land Use Element.
4. Improvements are planned to be in compliance with applicable land
development regulations as set forth in objective 3 of the Future
Land Use Element.
5. The project development will result in an efficient and economical
extension of community facilities and services as required in
Policies 3.1.H and L of the Future Land Use Element.
6. The project development is planned to incorporate natural systems
for water management in accordance with their natural functions
and capabilities as may be required in forthcoming regulations
required by Objective 1.5 of the Drainage Sub-Element of the
Public Facilities Element.
7. The ACLF use is a permitted use in the Urban Residential
Designation. The density of 26 ACLF units per acre (104 units on
4 acres) is consistent with the maximum density permitted in the
Future Land Use Element for this use.
8. The residential density of approximately 4 dwelling units per acre
(134 units on 33.6 acres) is in compliance with the Density Rating
System contained in the Future Land Use Element based upon the
following analysis of the applicable provisions:
Base Density 4 du/a x 31.1 acs. - 125 du
Traffic Congestion Area -1 du/a x 31.1 acs. - -31 du
Interconnection (not feasible) -0 du/a - - 0 du
Residential 31.1 acs. @ 94 du
Conversion of Commercial 16 du/a x 2.5 acs. - +40 du
Total Residential 33.6 acs. @ 134 du
SHORT TITLE
This Ordinance shall be known and cited as the WINDSONG P.U.D.
Ordinance.
1-1
SECTION II
STATEMENT OF INTENT
It is the sponsor's intention to create a single family
residential, multi-family residential, and institutional (ACLF)
development. The development shall be located around an existing
conservation area, a manmade lake and areas of natural vegetation
which enhance the development with natural beauty and an added
amenity.
The residential land consists of two areas. A single family
residential tract is located with a main entrance on Rattlesnake
Hammock Road. The road carries through the development to the
second entrance on County Barn Road.
The multi-family tract also has an entrance on County Barn Road
with a secondary access into the southwest along the preserve
area.
The ACLF Tract consists of 4.0 acres and has internal access
only.
063 3'40
SECTION III
PROPERTY OWNERSHIP & LEGAL DESCRIPTION
PROPERTY OWNERSHIP
The subject property is currently owned by Dr. and Mrs.
Richard Zehner.
LEGAL DESCRIPTION
The Southwest 1/4 of the Southwest 1/4 of Section 17,
Township 50 South, Range 26 East, Collier County,
Florida, less and except the East 30 feet thereof for
road right-of-way and less CR-864 right-of-way.
3-1
SECTION IV
GENERAL DEVELOPMENT REGULATIONS
4.1 PURPOSE
The purpose of this Section is to delineate and
generally describe the project plan of development, the
respective land uses included in the project, and the
i- development criteria.
~..."',".' 4.2 GENERAL
Regulations for development shall be in accordance with
the contents of this document, PUD - Planned Unit
Development District and other applicable sections and
parts of the "Collier County Land Development Code".
(Residential areas designated on the Master Plan are to
accommodate single family housing, multi-family housing,
essential services and customary accessory uses.)
4.3 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 Principal Uses and Structures:
1) Single family dwellings, zero lot line,
cjuster, villa and patio homes;
2) Multi-family dwellings;
3) Adult congregate living facility (as defined
in Chapter 400.407, Florida Statutes);
4) Water management retention and lake areas;
5) Conservation area;
~ b) Permitted Accessory Uses and Structures:
i~ 1) Customary accessory uses and structures;
.~" 2) Signs;
~i 3) Essential services, including interim utility
~.h plants;
'~.
~.:, 4) Recreational Facilities.
4.4. PERMITTED MAXIMUM NUMBER OF DWELLING UNITS
One hundred and thirty-four (134) residential dwelling
units.
One hundred and four (104) congregate living units.
WINDSONG
DEVELOPMENT STANDARDS
TWO UNIT AND
SINGLE FAMILY MULTI-FAMILY
VILLA &
PERMITTED USES ZERO CjustER TOWN
~TANDARDS DETACHED LOT LINE HOMF~S HOUSE ACLF
MINIMUM SITE 7500 5500 3000 I 1
AREA S F S F S F AC AC
SITE WIDTH 70 50 50 100 100
MIN. AVG. (except
cul-de-sacs)
SITE DEPTH 110 110 60 150 150
FRONT YARD 25 25 20 25 50
SETBACK
SIDE YARD 7.5 0 or 15 0 or 10 15 0
MAX. BUILDING 35 35 35 35 2 STORY
DIST. BETWEEN 10 0 OR 10 0 OR 10 .5 0 OR 10
PRINCIPAL STR. SBH
FLOOR A~EA 1000- 1000- 750 750 250
MINI~ (SF) i Story i Story
1200- 1200-
2 Story 2 Story
* See'Section 4.7
4.5 Minimum Standards
Minimum standards for parking, landscaping, lighting,
and signage, and other standards not specified herein,
shall be in conformance with applicable County standards
in effect at the time permits are sought.
4.6 Project Density
The total acreage of WINDSONG is approximately 37.6
acres. The maximum number of dwelling units to be built
on the total acreage is 134. The number of dwelling
units per gross acre on the residential tracts is
approximately 4. The number of ACLF units per gross acre
on the ACLF tract is 26 (104 units total).
.,-" 063 343
.,~-! .. ' ~00KPA~r-
4.7 Lakes and Retention
A proposed lake and stormwater retention area has been
sited in proximity to the existing and proposed roadways
to permit optimum use of the land, increase the
efficiency of the water management system, and enhance
the project's overall aesthetic character. Please refer
to the Exhibit "A" - PUD Master Plan for the proposed
location of the lake and retention area. Accordingly,
the setback requirements described in the Collier County
Excavation Regulations may be reduced with the approval
of the Development Services Director. Lake bank setback
is zero feet (0') providing architectural bank treatment
is incorporated into design, otherwise it is ten feet
(10') as indicated in the Development Standards Table.
Excess fill material may be utilized off-site to the
extent permitted by the Excavation Regulations.
4.8 Landscape Buffer
A landscape buffer shall be established around the
perimeter of the property in accordance with the
standards of Section 2.4.7, Alternative B, of the Land
Development Code.
4.9 Polling Places
Polling places shall be a permitted use for the
Supervisor of Elections in conformance with Section
2.6.30 of the Land Development Code.
4.10 Site Development Plan Approval
Site development plan approval shall be as set forth in
Division 3.3, Site Development Plans, of the Land
Development Code.
4-3
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
/:~ 5.1 Purpose
~ The purpose of this Section is to set forth the
~ .. standards for development of the project.
~i 5.2 Transportation Improvements
:~ a. Project entrance locations, as well as turn lanes
and median openings at the project entrances, shall
be required as provided for in Ordinance #93-64,
Right-of-Way Construction Standards Handbook, and
Resolution #92-422, Access Control Policy. The
ACLF tract shall be served by internal access only.
b. A sidewalk/bike path shall be located along one (1)
side of the main internal road system, and along
the entire frontage of the pro~ect along County
Barn Road and Rattlesnake Hammock Road.
c. The roads within WINDSONG are planned to be private
roads. They will be designed to two-lane local
street standards, with the option of reducing the
right-of-way width to fifty feet with the approval
of the Development Services Director prior to the
preparation of construction plans, and that all
required improvements can be installed in the
proposed right-of-way.
d. The combined access to the residential and
ACLF tract on County Barn Road and Rattlesnake
Hammock Road shall be designed with an internal "T"
intersection with sufficient throat distances so as
not to impede traffic on these two adjacent roads.
e. Platting shall be required for the entire project,
in accordance with Division 3.2, Subdivisions, of
the Land Development Code.
... f. Access management requirements in the two-lane
condition of County Barn Road and Rattlesnake
Hammock Road shall be as follows:
1) Minimum access spacing requirements as set
forth in Resolution 192-422 will govern the
location of access to the development.
2) Depending on the timing of the actual
development construction, the owner/developer
may be required to provide additional paving
for left and right turn lanes into the
development from both County Barn Road and
Rattlesnake Hammock Road.
3) The County reserves the right to control both
the location of the access and the design of
such access. All costs associated with
providing the necessary design, construction
and permitting will be at the sole expense of
the owner/developer.
5-1
g. Access management requirements in the four-lane
condition of County Barn Road and Rattlesnake
Hammock Road shall be as follows=
1) Access which may bs in place prior to four
laning may be required to be adjusted. The
County reserves the right of access control and
location.
2) The owner/developer shall be responsible for
payment of all costs associated with the
design, construction and permitting of turn
lanes and tapers to serve this development as a
result of four-laning of either or both County
Barn Road and Rattlesnake Hammock Road.
h. The developer shall make fair share contributions
toward the capital costs of traffic signals at
project accesses or at intersections within the
development's radius of influence when deemed
warranted by the Transportation Services Division
Administrator. All signals shall be owned,
operated and maintained by Collier County.
i. The developer shall provide arterial level street
lighting at all project accesses prior to issuance
of the first Certificate of Occupancy.
J. The developer shall provide right-of-way
of.up to 25 feet along both road frontages.
k. In accordance with Ordinance ~92-22, as amended,
requiring development to contribute its
proportionate share of funds to accommodate the
impact of proposed development and area roads,
WINDSONG or its successors or assigns, agrees to
pay road impact fees in accordance with the
ordinance. All of the above improvements are
considered "site related" as defined in Ordinance
#92-22, as amended, and shall not be applied as
credits for any impact fees required by that
ordinance.
1. Ail traffic control devices used, excluding street
name signs, shall comply with the Manual on Uniform
Traffic Control Devices (Chapter 316.0747, Florida
Statutes).
5.3 Solid Waste Disposal
Arrangements and agreements shall be with the approved
solid waste disposal service to provide for solid waste
collection service to all areas of the project.
5.4 PUD Master Development Plan
a. The PUD Master Plan (Exhibit "A"), is an
iljustrative preliminary development plan.
b. The design criteria and layout iljustrated on the
Master Plan shall be understood as flexible so that
the final design may satisfy the project and comply
with all applicable requirements.
063 3'46
c. All necessary easements, dedications, or other
instruments shall be granted to insure the
continued operation and maintenance of all service
utilities.
d. Minor design changes shall be permitted subject to
County staff administrative approval. In the case
of cjustered housing with a common architectural
theme, required-property development regulations
and setbacks may be waived or reduced provided a
site development plan is approved by Collier County
under Division 3.3 of the Land Development Code.
e. Areas iljustrated as "lakes" shall be constructed
as lakes, or upon approval, parts thereof may be
green areas in which as much natural foliage as
practicable shall be preserved. Such areas, lakes
and/or natural green areas, shall be of general
area and configuration as shown on the Master Plan.
5.5 Utilities':
a. Telephone, power and TV cable service shall be made
available to all residential units. All such
utility lines shall be installed underground.
b. The stipulations contained in the Utilities
Department memorandum dated August 21, 1987, are
herein incorporated by reference (Exhibit "E").
5.6 Water M~nagement Advisory Board Stipulation~
a. Detailed site drainage plans shall be submitted to
the Development Services Director for review. No
construction permits shall be issued unless and
until approval of the proposed construction in
accordance with the submitted plans is granted by
the Development Services Director.
b. In accordance with the Rules of the South Florida
Water Management District (SFWMD), Chapters 40E-4
and 40E-40, this project shall be designed for a
storm event of 3-day duration and 25-year return
frequency. The use of off-site discharge from the
project during the design storm event must be
approved by SFWMD prior to the issuance of any
construction permits for this project. Off-site
discharge, if so permitted, shall be limited to
0.06 cfs/acre.
c. An Excavation permit will be required for the
proposed lake in accordance with the Collier County
Excavation Regulations.
d. In conjunction with the planned improvements by the
Collier County Transportation Department, a strip
of land along the entire Rattlesnake-Hammock Road
frontage shall be reserved for possible expansion
of roadway drainage facilities.
e. Building construction setbacks shall comply with
SFWMD Permit Information Manual, Volume IV, Section
3.2.4.4.2.a.
5.7 Environmental Advisory Council Stipulations
.¥,]. a. Petitioner shall be subject to Division 3.9 of the
?~, Land Development Code requiring the acquisition of
a vegetation removal permit prior to any land
clearing. A site clearing plan shall be submitted
to the Project Plan Review Section for their review
and subject to approval prior to any 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 the 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.
b. Native species shall be utilized, where available,
to the maximum extent possible in the site
landscaping design. A landscaping plan will be
submitted to the Project Plan Review Section
for their review, and subject to their 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.
c. Ail exotic plant~, as defined in the Land
Development Code, shall be removed during each
phase of construction from development areas, open
space areas, and preserve areas. Following site
development a maintenance program shall be
implemented to prevent reinvasion of the site by
such exotic species. This plan, which will
describe control techniques and inspection
intervals, shall be filed with and subject to
approval by the Project Plan Review Section.
d. If during the course of site clearing, excavation,
or other constructional activities, an
archaeological or historical site, artifact, or
_ other indicator is discovered, all development at
the location shall be immediately stopped and the
Project Plan Review Section notified. Development
will be suspended for a sufficient length of time
to enable the Project Plan Review Section or a
designated consultant to assess the find and
determine the proper course of action in regard to
its salvageability. The Project Plan Review
Section will respond in a timely and efficient
manner so as to provide only a minimal interruption
to any constructional activities.
e. Native trees in areas proposed for clearing shall
be transplanted as landscape components on the site
whenever possible and practical. Example trees
found on site with potential for transplant include
oaks (Ouercus spp.), dahoon holly (Ilex cassine)
and sabal palm (Sabal Palmetto).
~ 5-4
· ~ · .
f. Existing state protected epiphytes, including but
not limited to, butterfly orchid (Encvclia
~amDensis), Marrisella ~, and wild pines
(TillandslA spp.) shall be salvaged for transplant
to suitable habitats. These transplants should be
carried out within the project (e.g. in the wetland
preserve area), whenever possible. In the event
that enough suitable habitat is unavailable on
site, the petitioner shall work with Project Plan
Review Section to find appropriate sites for
transplant in other suitable areas within the
County.
g. Water management designs shall have a goal to
restore historic water levels within the wetland
preserve area.
h. The petitioner shall design building layouts that
will maximize the amount of native habitat to be
preserved between and among buildings, pursuing the
idea of dry retention "courtyard" areas that will
leave native plant assemblages intact.
i. Final configuration of the excavated lake shall be
designed to minimize quality habitat destruction.
Prior to construction, areas proposed for
excavation shall be staked out and Project Plan
Review Section shall be notified. Project Plan
Review Section shall review and approve excavation
location for consistency with the approved clearing
plan, PUD Master Plan, and the conditions of the
PUD document. Project Plan Review Section shall
promptly respond to the request for stake-out
review so as not to cause delay to the development
process. To maximize the amount of littoral
habitat produced in lake margins, side slopes of
lakes shall be graded at a 4:1 or greater pitch, to
a depth of 3 feet from mean low water unless an
architectural bank treatment is incorporated into
the lake design at specific locations which will be
reviewed and approved by Project Plan Review
Section. Petitioner should investigate vegetating
littoral shelf areas with various native plant
species (upon request, Project Plan Review Section
can provide pertinent information concerning plant
species).
J. Prior to substantial development of the site,
boundaries of the cypress wetland area of the
southwestern quadrant of the parcel will be flagged
by the petitioner; the boundaries will be subject
to the field review and approval of Project Plan
Review Section.
5.8 East Naples Fire District Stipulations
a. This department will require that all fire hydrants
be served by a minimum 8" looping water main with
hydrants spaced no further than 500 ft. apart.
b. Additionally, we will require that all structures
be so arranged that fire apparatus will have
sufficient access to them.
WINDSONG PUD
,oo 063PA 349
~.q~ .. Residential Area 23.8 acres
?'.~'. (including open space and buffers)
· '~- 1.2 acres
.~. !. Conservation Area
:~,-. i Lake Area 4.4 acres
~:' Adult Congregate Living Facility (ACLF) 4.0 acres
· Right2of-Way 4.2 acres
:- · ~ Total Acreage 37.6 acres
:' (~ Total Units 134 units
,: C~, Gross Residential Density 4.0 un/ac
~: ~ (134 units/33.6 acres)
~ - ACLF Total Units and Density 104 units
(~ 26 un/ac
Scale: 1" -- 100' ·
i~i~[ ----' Note: Lot lines, tract boundaries, and other site
~; -'.^~,~.~~--~u,,~oc,~ ,,o^o .' features are approximate and subject to
,'~.~:' review and modification in accordance with
NINDBONG P~D MA~TE~ PLaN - EXHIBIT ~A~
~' ' Prepared by: Wilson, Miller, Barton, Sell & Peek
~';;' July 1987 WO~ 26423 File~ RZ-164
~:.:::..
E'~'i~''~-~'' Section 17, Township 50 South, Range 26 East
~.,.~., . " Modified by: Collier County Long Range Planning
~. Department October 1993
DATE: August 21, 1987
~: ~n McKtm, Planning & Zoning Director
~OM: John F. MadaJewski, Utilitie~ Engtneerin~ Director
~: Petition R-87-33C, Windson~
We have reviewed the above referenced Petition and have no objection to
the rezone as requested. However, we require the following stipulations
as a condition to our recommendation for approval:
A) Water & Sewer ..
1) Water distribution and sewage collection and transmissi~n
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
pursuant to appropriate County Ordinances and.regulations in effect at
the time of conveyance. Ail water and sewer facilitie~.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 utility
construction requirements in effect at the time construction plans are
approved. The above tasks must be completed to the satisfaction of the
Utilities Division prior to placing any utility facilities, County
owned or privately owned, into service. Upon completion of the water
and/or sewer facilities and prior to the issuance of Certificates of '-
Occupancy for structures within the project the utility facilities
shall be conveyed to the County, when required by the Utilities
Division, pursuant to County Ordinances and Regulations in effect at
the time conveyance is requested.
2) Ail construction plans and technical specifications and proposed
plats, if applicable, for the proposed water distribution and sewage
collection and transmission facilities must be reviewed and approved by
the Utilities Division prior to com/nencement 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 the County's established rates.
Should the County not be in a position to provide water and/or sewer
service to the project, the water and/or sewer customers shall be
customers of the interim utility established to serve the project until
the County's off-site water and/or sewer facilities are available to
serve the project. U63 , 352
Exhibit "E", Page [
Tot Ann McKim, Pl~n~n~ ~& ~oning Director
Page 2
August 21, 1987
'4) 'It is anticipated that the County ~tilities Di%ision will ultimately'
supply potable water to meet the consumptive demand and/or receive and
treat the sewage generated by this project. Should the County system
not be in a position to supply potable water to the project and/or
receive the project's wastewater at the time development commences, the
Developer, at his expense, will install and operate interim water supply
and on-site treatment facilities and/or interim on-site sewage treatment
and disposal facilities adequate to meet all requirements of the
appropriate regulatory agencies.
5) An Agreement shall be entered into between the County and the
Developer, binding on the Developer, his assigns or successors, legally
acceptable to the County, prior to the approval of construction
documents for the proposed project, stating that:
a) The proposed water supply and o~-site treatment facilities and/or
on-site wastewater treatment and disposal facilities, if required, are
to be constructed as part of the 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 De 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-site water facilities, and/or
sewer facilities, the Developer, his assigns or successors shall
abandon, dismantle and remove from the site the interim water and/or -
sewage treatment facility and discontinue use of the water supply
source, if applicable, in a manner consistent with State of Florida
standards. All work 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
will be made by the owners, their assigns or successors at no cost to
the County within 90 days after such facilities become available. The
cost of connection shall include, but not be limited to, all
engineering design and preparation of construction documents,
permitting, modification or refitting of existing sewage pumping
facilities or Construction of new master sewage pumping facilities,
interconnection with County off-site facilities, water and/or sewer
lines necessary to make the connection(s), etc.
063 353
Exhibit "E", Page 2 ............
TO: Ann McKlm, Planning · Zoning Director
!Page~3 ~''
August 21, 1987
d) At the time County off-site water and/or sewer facilities are
available'.for the project to connect with, the following water and/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'rights-of-way or within utility easements required by
the County within the project limits required to make
connection with the County's off-site water and/or sewer
facilities~ or,
2) .All water and sewer facilities required to connect the -
..project to the County's off-site water and/or sewer facil-
ities 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 easement~, including but
not limited to the following: '-~
a) Main sewage lift station and force main inter-
connecting with the County sewer facilities ingluding
all utility easements necessary;
b) 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 servedon 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 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.
063 3'54
Exhibit "E". Page ~
Ann McKim, Planning'& Zoning Director
4 ~' .
~..:AUgust 21, 1987 "
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 $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 sh~wing the avail-
ability 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 DER permits for the sewage
collection and transmission systems and the wastewater treatment
facility to be utilized, upon receipt thereof.
C) If an interim on-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 servicing the project area.
D) Construction 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, Practices, etc. in effect at the time construction approval
is requested.
E) Detailed hydraulic design reports covering the water distribution and
sewage collection and transmission systems to serve the project must be
submitted with the construction documents for the project. The reports
shall list all design assumptions, demand rates and other factors
pertinent to the system under consideration.
063 3'55
Exhibit "£", Pag~ &
;..iTo= .Ann McKim, Planning'~ Zoning Director
Page 5 ' '
August 21, 1987
on-site water distribution system to serve the project shall
connected to the District's 12 inch water main on County Barn Road,
extended throughout the project and looped to the District's 8 inch
water main on Rattlesnake Hammock Road. During the design of these
facilities, the following features shall be incorporated into the
distribution system:
a) Dead ~nd mains shall be eliminated whenever possible by looping the
internal pipeline network.
G) The existing off-site sewage transmission facilities of the
District must be evaluated for hydraulic capacity to serve this
project, improved as required outside the project boundary ~o provide
adequate capacity to transport the additional wastewater generated
without adverse impact to the existing transmission facilities and
extended within the project limits as required. If the District's
Regional Sewage Transmission facilities are available for service
within the rights-of-way of Rattlesnake Han~nock Road, at the time
design commences on the project, connection shall be made' directly to
those facilities after completion of the necessary hyd~aulic analyses.
H) Section 5.5 - Utilities of the rezoning petition document shall be
revised to include the above stipulations and specify the Petitioner's
acceptance of them. A draft Ordinance for the rezoning approval, which
contains the above stipulations, must be submitted to the Utilities
Division for review and approval prior to the Petition being considered
by the Board of County Commissioners.
JFM/sh
CC: Al~h D; Reynolds - Wilson, Miller, Barton, Soll& Peek, Inc.
Exhibit "E", Page
~.STATI OF FLORIDA ) '
cOUNTY OF COLhIB~ ) -'
I, DWIGHT E. BROCK, Clerk of Courts tn and for the
Twentieth Judicial Circuit, Collier County, Florida, do
Ordinance No. G3-74
which was adopted by the Board of County Commissioners on
the 12th day of October, 1993, durtn~ Re~lar Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Flor/da, this 18th
~ay of October, 1993.
. ..
DWIGHT E. BROCK
Clerk of Court~ and Cler~ ,,,' '.*',,,
Ex-ofTtcto to Board o~ .~. . '.
Count~ Co~tsstoners ~-,
Deputy Clerk