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Ordinance 90-006 ORDINAHCE 90-6 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 50-26-2 BY C}LkNGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT FOR RESIDENTIAL, CjustER HOUSING, ADULT CONGREGATE LIVING FACILITIES, AND CONDOMINIUMS, RETAIL ON THREE (3) OUT PARCELS, AND EITHER A MOTEL OR 150,000 FEET OF OFFICE SPACE ON THE CENTE~.,:.. SQUARE TRACT, TO BE KNOWN AS NEAPOLITAN PARK '~.. FOR PROPERTY LOCATED ON THE NORTH SIDE OF?' DAVIS BOULEVARD (SR-84) APPROXIMA.TELY 650'. FEET EAST OF SANTA BARBARA BOULEVARD CONSISTING OF 20+ ACRES, LOCATED IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Duane of Hole, Montes and Associates, representing William M. Pogue, of Davis Boulevard Partners, petitioned the Board of County Commissioners to change the ~. zoning classification of the.herein described rea~' o. property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: .,, The Zoning Classification of the herein described real ~57 property located in Section 4 Township 50 South, Range ~." East, Collier County, Florida is changed from "A-2" 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 50-26-2, as descri~;i~ ordinance Number 82-2, is hereby amended accordingl~:=% 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. DATE: January 23, 1990 BOARD OF COUNTY COMMISSIONERS '..%~. :, ,] ,j .-.. COLLIER COUNTY, FLORIDA ~ ..' .ATTEST:~' BY: L ;.i: ..~,. :: JAMES C. Gi'~.ES,...~ CLERK MAk-A.' HASSE, JR., CHAI~RMAN ':,, Z.. './:,.,-,- ' ~/ ' ~i~ ',~P~R. gV, ED' AS TO FORM AND LEGAL SUEFIC~ENCY " 3.~'~.,,,~_.,.,.... -~'}~ ,,/zc,:~,:~ .. ' ... MARJORIE M. STUDENT 'i,' ASSISTANT COUNTY ATTORNEY -: '- R-89-17 PUD ORDINANCE Th~ ~l~on~e {lie4 wl~ ~ NEAPOLITAN PARK . ,. PLANNED UNIT DEVELOPMENT ~MA FILS NO. 88.128 Prepared ~By: Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 33940 (813) 262-4617 JANUARY 1990 {. TABLE OF CQ~TENT$ PAGE I. STATEMENT OF COMPLIANCE ................. 1 II. PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE AND UNIFIED CONTROL ................. 2 III. STATEMENT OF INTENT AND PROJECT DESCRIPTION ..... 3 IV. GENERAL DEVELOPMENT REGULATIONS ................. 4-10 V. TRANSPORTATION REQUIREMENTS ..................... 11 VI ENVIRONMENTAL STANDARDS .......................... 12-13 VII. ENGINEERING AND UTILITIES REQUIREMENTS .......... 14-19 VIII. WATER I'[~IAG~NT REQUIRemENTS ................... 20-21 LIST OF EXHIBITS A. CONCEPTUAL MASTER PLAN SECTION I STATEMENT OF COMPLIANCE The purpose of this section is to set forth how the proposed development complies with all applicable requirements of the Collier County development regulations and the intent of the Davis Boulevard partners on 20 acres of property located in Section 4, of Township 50 South, Range 26 East. The name of.this PUD is to be Neapolitan Park. The development of this .Planned Unit Development will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management .Plan. This compliance includes: 1. The subject property is located in an area identified as an Activity Center in the Growth Management Plan for 'Collier County. 2. Activity Centers are the preferred locations for the concentration of commercial and mixed use development. activities. The proposed development includes a mix retail, office, and residential uses, to satisfy this .criteria. 3. The project development is planned to incorporate natural systems, existing and manmade, for water management in accordance with their natural functions and capabilities. 4. Provisions are included in the project to minimize the number ingress and egress points onto Davis Boulevard by providing for provisions for shared access with adjoining properties. 5. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 6. The project will be served by a complete range of services and utilities as approved by the County. 7. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land buffers, and the proposed development standards contained herein. 8. The Planned Unit Development includes extensive open spaces which are preserved from future development in order to enhance their natural functions and to serve as a project amenity. SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION SHORT TITLE & UNIFIED CONTROL 2.1 The subject property is currently owned by: .'. Davis Boulevard Partners ". ". 2.2 The subject property is described as follows: The East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 4, Township 50 South, Range 26 East; less the South 75 feet thereof reserved for road right-of-way (Davis Boulevard), Collier County, Florida. 2.3 This Ordinance shall be known and cited a~ the "Neapolitan Park Planned Unit Development Ordinance." STATEMENT OF UNIFIED CONTROL It is the intent of Davis Boulevard Partners to establish a Planned Unit Development on 20 acres in Section 4, Township 50 South, Range 26 East, Collier County, Florida. The subject property is under unified ownership for the purpose°of obtaining PUD zoning. Development of this Planned Unit will occur in accordance with the submitted PUD regulations and any conditions approved with the rezone petition as described and- agreed to within this PUD document. ! SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 INTRODUCTION It is the developer's intent to establish a mixed use Planned Unit Development. It is 'the purpose of this' dOcument to set forth flexible guidelines for the future development of the project that meet accepted planning principles and practices and to implement the Growth Management Plan. i) Exhibit "A" PUD Master Plan, constitutes the required PUD Development Plan. Subsequent or concurrent with PUD approval a Subdivision Master Plan shall be submitted for the entire area included in the PUD Master Plan. All divisions of property and the development of the land shall be in compliance with the Subdivision Regulations. ii) The provisions of Section 10.5 of the Zoning Ordinance shall apply to the development of all platted tracts, or parcels of land as provided in said Section 10.5 prior to the issuance of a building permit or othe~ development order. 3.3 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with applicable Collier County Codes and Ordinances and the standards and commitments of this document. 3.4 EASEMENTS FOR UTILITIES Easements, where required, 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 services and utilities. This will be in substantial compliance with applicable regulations in effect at the time approvals are requested. I SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses included in the project, as well as the ~roJect's development criteria. 4.2 GENERAL ' Regulations for development shall be i~ accordance with the standards set forth in this document. Where specific development standards are not set forth, applicable development standards of the Collier County Zoning ordinance shall apply that are in effect at the time of application for the relevant permits. 4.3 LAND USE INTENSITIES Tracts one (1), and two (2), and three (3) that front onto Davis Blvd. are permitted the full range of commercial uses identified in Section 4.4. Tract four (4) is permitted office .or motel use only, and tract five (5) residential land uses. The following table sets forth the maximum yields permitted on each tract. . Approx. ' Tract Use Acreage Intensity One Commercial 1.20 .25 Bld Coverage Two Commercial 1.20 .25 Bld Coverage Three Commercial 1.10 .25 Bld Coverage Four office/Motel* 6.2 150,000 s.f. Five M.F. Res.** 6.9 81 units*** * Motel uses may be develope~ at a density of 26 units per acre. Densities not utilized on Tract five (5) may be transferred to Tract four (4) for the construction of additional motel units. **' ACLF units may also be developed at a density up to 26 units per acre in accordance with the standards of this ordinance. -. ***Multi-family units (MF) may be developed up to 16 units per acre. 4 _ 427 4.4 P~RMITTED USES AND STRUCTURES A. PRINCIPAL RESIDENTIAL USES: 1. Permitted Principle Uses: a. Multi-family Dwellings b. Adult Congregate Living Facilities (ACLF) c. Group and cjuster housing. .- 2. Residential Accessory Uses: Accessory uses any structures customary in residential areas or for transien~ lodging facilities. ~ B. RESIDENTIAL DEVELOPME, NT STANDARDS a. Maximum Density - Sixteen (16) dwelling units per acre b.Minimum Lot W~h - One Hundred Fifty (150) feet c. Setbacks an~'Yard Re~lirements: -- 1. From Tract Boundary - Minimum 15 feet-_ 2. From Vehicular Use Area - Minimum 10 feet 3. From Designated Wetland and/or Water Body - Minimum 20 feet 4. From Vehicular Driveway and/or Street - Minimum 20 feet d. Maximum Height of Structures - Forty (40) feet. e. Distance Between Structures - Between any two (2) principal structures on the same parcel there shall be provided a distance equal to one-half (1/2) the sum of their heights. f. Minimum FlOor Area - Six Hundred (600) square feet for one (1) bedroom units and seven hundred fifty (750) for two (2) bedroom units, and nine hundred (900) square feet for three (3) bedroom units. g. Minimum Lot Size - 1 acre. h. Minimum Off Street Parkin~ - Per the ./ · ~ requirements of the Collier County Zoning ~ Ordinance. il 2. Adult Con,re,ate Livin~ Facilities The following development standards shall apply to the assisted care living facilities - ACLF: a. Maximum Number of ACLF Units De~. Acre - Twenty ii six (26) units per acre.. .. ~. b. Maximum ACLF Unit Area - Four hundred (400) square feet for efficiencies, five hundred (500) for one bedrooms and six hundred and '".. fifty (650) for two bedrooms. c. Recufred Park~Dq SPaces - One space per three ACLF beds plus one space per two employees. d. Accessory uses to support housing· for the '~' elderly such as centralized eating areas, ~' recreational facilities, sundry retail uses and ~, other similar kinds of uses. e. All other development standards shall be in accordance with development standards of this document. Adult Congregate Living Facility shall be defined as set forth in Chapter 400.402, Florida Statutes. Spatial relationships for structures resulting from this permitted use shall be determined at the time of Site Plan Approval application submission pursuant to Secticn 10.5 of the Zoning Ordinance:' C. COMMERCIAL USES[ ,. · 1. Uses and Struc~ure~ 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: 2. Permitted Principal Uses and Structures: ~ a. Antique shops; appliance stores; art studios; ~i art supply shops; automobile parts stores; automobile service stations, with repairs as ¥ .. an accessory use (in accordance ~ith the i standards of Section 9.8 of the Zoning Ordinance); b. Bakery shops; bait and tackle shops; banks and i' financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; business machine services. c. Car washes; carpet and floor covering sales - which may include storage and installation; churches and other places of worship (in accordance with the standards of section 8.11 · of the Zoning Ordinance); clothing stores; ~ cocktail lounges (in accordance with the ~- standards of Section 8.11 of the Zoning ~" Ordinance); commercial recreation uses - ~" indoor; commercial scho61s; confectionery and ' candy stores. d. Delicatessens; department stores; drug stores; dry cleaning shops; dry good stores; and ~' drapery shops. e. Electrical supply stores; equipment rentals, including lawn mowers and power saws, f. Fish market - retail only; florist shops; i: fraternal and social clubs (in accordance with the standards of Section 8.11 of the Zoning ' Ordinance); funeral homes; furniture stores; '~" furrier shops. . ,, g. Garden suppi~ stores - outside display in side and rear yards; gift shops; glass and mirror sales - including storage and installati~un; gourmet shops. ~' h. Hardware stores; hat cleaning and blocking; r health food stores~ homes for the aged; ~i hospitals and hospices. ~. i. Ice cream stores. j. Jewelry stores. k. Laundries - self service only; leather goods; legitimate theatres; liquor storee~ locksmiths. 1. Markets - food; markets - meat, medical offices and clinics; millinery shops; motels and hotels; motion picture theatres; museums; music stores. 7 !'~ ~ m. New car dealerships - outside display ~" permitted; news stores; night clubs (in r accordance with the standards of Section 8.11 of the Zoning Ordinance). n. office - general; office supply stores. o. Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; pottery stores; printing; publishing and mimeograph services shops; private clubs (in accordance with the standards of section 8.11); professional officss. p. Radio and television sales and services; radio ~. station (offices and studios), and auxiliary transmitters and receiving equipment, but not principal transmission tower; rest homes; restaurants - including drive-in or fast food restaurants; (in accordance with the standards of Section 8.11 of the Zoning Ordinance). q. Shoe repair; shoe stores; shopping centers; souvenir stores; stationery stores; " supermarkets and sanatoriums. :~ r. Tailor shops; taxidermists; tile sales - i' ceramic tile; tobacco shops; toy shops; tropical fish stores. s. Upholstery shops. i t. Variety stores; vehicle rental - automobiles only; veterinarian offices and clinics - no ~' outside kennels. ~ u. Watch and precision instrument repair shops. v. Any other commercial use or professional service which is comparable in nature with the ~. foregoing uses and which the County Manager or his designee determines to be comparable to and compatible with the foregoing uses. 3. A~gssorv Uses ~'! a. Accessory uses and structures customary in commercial, and residential areas including recreational facilities sewage treatment plant facilities and other essential services. D. COMMERCIAL DEVELOPMENT STANDARDS 1.Minimum Lot Area - Twenty thousand (20,000) square feet. 2. Minimum Yard Re~utrements £×terna] Pro~ect Boundaries . a. Front Yard - Fifty (50). feet as measured from Davis Boulevard right-of-way and' twenty (20) feet from any interior, right-of-way. b. Side Yard - None, or a minimum of five (5) feet with unobstructed passage from front to rear yard. c. Rear Yard - Twenty-five (25) feet. 3. Interior Access Drive - A minimum fifteen (15) feet building setback shall be provided from the interior access drive. 4. Minimum Floor Area of Structure - One thousand (1,000) square feet per building on the ground floor. · 5. Height - The maximum height of any commercial structure on lot (4) will be sixty (60) feet, ~nd thirty-five (35) feet for lots one (1), two (2) and three (3). 6. Minimum Lot Width - One hundred fifty (150) feet. 4.5 SIGNAGE A. The developer intends to create a uniformly designed .. special signage and.identification system including but not limited to subdivision and entrance signs for the project to compliment the intended development themes and architectural styles. Such signs are intended to be located and permitted at all project entrance points as well as at other stra~egically identified areas and will be enforced through restrictive covenants and/or architectural controls. Ail signage shall be in compliance with the Sign Ordinance for Collier County. Utilization of the right-of-ways for landscaping · decorative entrance ways, and signage shall be reviewed and approved by the County_Engineer and County Manager and his designee consistent With acceptable engineering practices to insure pedestrian and vehicular safety. 9 A. A minimum ten (10) foot landscape buffer will be :', maintained along the east, west, and north property lines in accordance with the standards, of Section 8.37 of the ~" Zoning Ordinance. B. Along the eastern and western boundaries of lots four (4) and five (5) a twenty-five setback shall.be provided in which no structures or parking will .be permitted. Existing vegetation will be left in place o~tstde the ten foot landscape buffer within this area. to provide additional screening to adjoining properties, C. A minimum ten foot (10) buffer will be maintained at the perimeter of the proposed sewage treatment plant site should it be required. 4.7 EXCEPTIONS TO SUBDIVISION REGULATIONS a. Article X, Section 19: Street name signs shall be approved by the County Engineer but need not meet the U.S.D.O.T.F.M.W.A. Manual of Uniform Traffic Control !. Devices. Street pavement painting, street striping, and reflective edging requirements may be waived. b. Article XI, Section 10: The requirement to install monuments in a typical, water valve cover sha~l be waived. Monuments shall be installed in accord with Stat~ standards and shall be approved by the County Engineer. c. Article XI, Section 21: The requirements for blank utility casings shall be waived if all utilities are installed prior to construction of the street base and pavement. d. Article XI, Section 17 J: The requirement that curved streets have a minimum tangent of 100 feet at intersections shall be determined at the time of submittal of construction plans. e. Article XI, Section 17 K:' The requirement that tangents .. between street curves shall be 100 feet may be required, . may be modified at the time of submittal of construction plans. :!.~ f. Article XI, Section 17F: Sixty (60) feet of right-of- :'.' way shall be dedicated instead of the eight-four [84) .z feet required. adjacent parcels, where applicable. / SECTION V TRANSPORTATION REQUIREMENTS 5.1 The developer shall: a. Subject to Florida Department of Transportation approval, the developer shall provide appropriate .left and right turn lanes on Davis Boulevard at the project entrance, and shall provide a fair share co~tributiqn toward the capital cost of a traffic signal when deemed warranted by the County. The signal will be owned, operated and maintained by Collier County. b. The developer shall provide arterial level street lighting at the project entrance. c.The three out parcels shall have internal access only. They shall have no direct access to Davis Boulevard. d. The developer shall provide sixty (60) feet of additional right-of-way along the north side of Davis Boulevard for water management/transportation purposes. e.Building setbacks from the Davis Boulevard. Right-of-Way shall be a minimum of,~tfty (50) feet. f. All traffic control devices used, excluding street name signs, shall conform with the Manual on Uniform Traffic Co~trO~ Devices as required by Chapter 316.0747, Florida Statues. g. These improvements are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. The improvements shall be in place before any certificates of occupancy are issued. h. Payment of Impact Fees shall be made at the time of building permit issuance and the amount of the fee shall · be in accordance with the effective fee schedule per ordinance. i. The subdivision master plan shall be revised to provide a stub street along the north and west boundary of the plan in the location depicted by the westerly directed arrow. SECTION VI ENVIRONMENTAL STANDARDS 6.1 PURPOSE The purpose of this Section is to set forth the stipulations established by the Environmental Advisory Council. A. A preservation area comprising ab6ut two ac~es is located in the north eastern portion of the project. This area is intended to provide protection for a cypress stand. Only uses determined to be consistent with the goal of preserving this area shall be permitted. B. Petitioner shall be subject to Ordinance No. 75-21 as amended by Ordinance 89-58 (preservation of native habitat). C. Petitioner shall be subject to Ordinance No. 82-2 as amended by Ordinance 89-57 (use of native species in landscaping). D. Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance 89-53 (removal of exot.ic species). o E. Petitioner shall be subject to the Collier County Comprehensive Plan Policy 12.1.3 (discovery of an ' archaeological or historical site, artifact or o~er indicator of preservation). F. Petitioner shall obtain and submit docuIaentation of all necessary local, state and federal permits. G. In the event active protected species foraging habitat, nests or burrows are encountered during development activities, the Collier County Planning Services Environmental Review staff shall be notified immediately and project designs may be adjusted, if warranted. (Collier County Comprehensive Plan policy 6.3.4). H. Protected plant species (butterfly orchid and wild pine) and those sighted during development activities shall be protected from injury or relocated on site, preferably to preserve or landscape areas. The existing locations as well as the transplanting locations, if warranted, shall be identified on the site plan. ~. The conservation area shall be delineated by a signed and sealed professional survey ~n the site plan. J. A natural vegetation buffer shall be required around protected wetlands at least ten (10) feet wide. :' K. Control structure elevations in protected, created or restored wetlands shall be established to maintain or improve adequate hydroperiods. The control structure elevation shall be designed to meet the requirements of i South Florida Water Management District and collier County Engineering and Water Management D~partment% L. Quantitative criteria for mitigatkon shall be based on the results of final field determinations made by the south Florida Water Management District and Collier County Environmental staff at the time of site development plan approval. Compensation proposals shall provide reasonable assurance that resource impacts will be offset. i. Mitigation plans proposed in wetlands to be ~.. preserved, restored, enhanced shall include a description of area (location and size), vegetation iI proposed to be planted, source of vegetation ~ (transplantation from impacted areas preferred), ~. hydrologic regime, exotic vegetation removal, i monitoring and maintenance plan. .. !~ ii. Mitigation proposed in upland areas shall emphasize establishment of habitat value. Vegetation retained ~ and supplemented shall focus on wildlife value-and establishmen~ of native vegetative "communities". iii. Lake mitigation in the lake designated on conceptual site plan shall include littoral zone plantings of native, aquatic vegetation. M. Petition shall be subject to all Collier County Ordinances in effect at commencement of construction. SECTION VII ENGINEERING AND UTILITIES REQUIREMENTS The purpose of this Section is to set forth the utilities requirements which must be accommodated by the project developer. ' . - I. Water and Sewer A. 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 pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. 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 w~l be tested to ensure they meet Collier County's utili.ty 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, either County owned or privately owned, into service. Upon completion of the water an:l/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. B. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and '~ approved by the Utilities Division prior to ~! commencement of construction. .~.!~ C. Ail 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 sezwice 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. D. It is anticipated that the County Utili%ies Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site sewage treatment ~ and disposal facilities adequate to meet all ~ requirements of the appropriate regulatory agencies. E. 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 ~onstruction _. documents for the proposed project, stating that: t 1. 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 the proposed project and must be regarded as interim~ they shall be constructed to S%ate and Federal standard~ 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. 2. 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 15 interim water and/or sewage treatment facility and discontinue use of the water sup91y 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. 3. Connection to the County's off-site water and/or sewer facilities will bm made by the ~.. owners, their assigns or successors, at no cost ~ ' to the County within 90 days after such ~' facilities become available. '. The cost connection shall include, but 'not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping ~I~. facilities, interconnection with County off- site facilities water and/or sewer lines necessary to make the connection(s), etc. i'~ 4. 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: (a) 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 will be required to make connection w~th the County's off-site water and/or se~er facilities; or, (b) All water and sewer facilities required ~, to connect the project to the County's off-site wa~er and/or sewer facilities when the on-site water and/or ~wer facilities are constructed on private property and not required by the County to be located within utility easements, including but not limited to the i, following: . (1) Main sewage lift ~tation and force main interconnecting with the County · sewer facilities including all ~... utility easements, necessary. (2)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. 5. 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 over to the County a complete list of the customers served by the interim utilities i~ 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. 6. All construction plans and technical specifications related to connections to the i: 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. '~ 7. 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. 8. 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 i activation of the_water supply treatment and 17 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 i;~ water and/or sewer service agreements are negotiated with the interim utility system ~? serving the project. ~'~ F. Data required under County' Ordinance No. 802112 ~ 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. A copy of the approved DER permits must be submitted for the sewage collection and transmission systems and the wastewater treatment i~ facility to be utilized, upon receipt thereof. '~ G. 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. . o H. Construction and ownership of the water and sewer facilities, including any proposed interim sewage treatment and disposal facility, shall be '-in ~.. compliance with all Utilities Division standards, policies, ordinances, etc., in effect at the time construction approval is requested. !! I. 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. J. Prior to approval of construction documents by the County, the Developer must present verification, pursuant to Chapter 367 of the Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer service to the project until the county can provide this service through its sewer facilities. A. Ail out parcels shall have internal access points only. Access points shall be located in accordance ? with Ordinance 76-6, as amended, or Ordinance 82- 91. B. The roadway layout shall meet a design speed of 30 m.p.h. Appropriate signage shall accompany the :~.': detailed construction plans. C. Cul-de-sac turn-arounds wi~h a minimum pavement .: radius of 40' at all dead-end parking areas longer than 300' shall be provided on detailed construction plans. D. A minimum building setback of twenty (20) feet from ' the lake is required. E. Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services 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 Project Review Services. F. Design and construction of all improvements shall be subject to compliance with the appropriate '. provisions of the Collier County Subdivision ~' Regulations, except those listed in Section 4.7 herein. - ~. G. Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way ~ Ordinance 82-91. H. The project shall be platted in accordance with Collier County Subdivision Regulations to define the right-of-way, tracts, and easements as shown on the conceptual P.U.D. Master Plan. I. A copy of the FDOT permit shall be provided prior to construction plan approval. SECTION VIII WATER MANAGEMENT REQUIREMENTS ~"~ 8.1 PURPOSE A. The purpose of this section is to s~ forth the ~ stipulations established by the Water Management Advisory Board, which shall be accommodated by the project developer. '!~ 1. Detailed paving, grading and site drainage plans shall be submitted to County Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans 5, is granted by County Project Review Services. !~i~i 2. Construction of all water management facilities shall be subject to compliance with the appropriate ~ provisions of the Collier County Subdivision ~' Regulations. · 3. An Excavation Permit will be required for the proposed retention area in accordance with Coll&er ~:, County Ordinance No. 88-26 and SFWMD rules. !' 4. Due to the mixed land use within the project, a master association will be formed. The master association has ultimate responsibility for operation and maintenance of the drainage facilities within the project. 5. A copy of SFWMD Permit or Early Work Permit is !~.'. required prior to construction plan approval. " 6. A 20' maintenance easement shall be provided around the entire perimeter of the lake and a 20' access ~ ' easement shall be provided. ,,',, · 7. The lake and wetland locations do not meet the minimum 200' separation criteria of the South Florida Water Management District rules. Provide i appropriate calculations, consistent ~ith South Florida Water Management District rules to allow the i! reduction in this dimension. If, as a result of changes caused by the South Florida Water Management District Permit requirements, the site plan changes ~ substantially, this project shall be required to go back to the Water Management Advisory Board and possibly the Collier County Planning'Commission and Board of County Commissibners if. determined necessary.  JJ · V !' |[ fAIlOffL STATE OF FLORIDA } ;- COUNT? O? CCLLi-"R I, JAY..ES C. GILES, Clerk of Courts '~n and Twentieth Judicial Circuit, Collier County. F'iorlda, d'o hereby certify that the foregoing is a true copy of: · Ordinance No. 90-6 which was adopted by the Board of County Commissioners on the 23rd day cf January, ~990, during Regular Session. · WIT:lESS my ::and and the official seal of the Board of · County Ccmmlssloners of Collier CQunty, Florida, this day of February, 1990. JAMES C. GILES ..- " Clerk of Courts and Clerk.,,'.~