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Ordinance 89-001ORDINANCE 89- 01 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER i~'~OUNTY, FLORIDA, BY AMENDING THE ~FFICIAL ZONING ATLAS MAP NUMBER 51-26-1 "i~Y CHANGING THE ZONING CLASSIFICATION OF '~HE HEREIN DESCRIBED REAL PROPERTY FROM .,~A-2, RURAL AGRICULTURE, TO "PUD", ~4~9~PLANNED UNIT DEVELOPMENT KNOWN AS 'J~2~ARADISE POINTE R.V. RESORT FOR 383 R.V. ~ITES, RECREATIONAL, CONSERVATION, AND WATER MANAGEMENT RELATED ELEMENTS, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF TAMIAMI TRAIL (U.S. 41), APPROXIMATELY 2.6 MILES EAST OF THE INTERSECTION OF U.S. 41 AND S.R. 951, CONTAINING 56.13 ACRES, MORE OR LESS, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Conley and Baker Chartered, representing Wildwood R.V. Resort, Inc., petitioned the Board of County Co~issioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County property located in Section 12, Township 51 South, Range 26 East, Collier County, Florida is changed from "A-2", Rural Agriculture, to "PUD", Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is in~0rporated herein and by reference made part hereof. The Official Zoning Atlas Map Number 51-26-1, as described in Ordinance 82-2, is hereby amended accordingly. SECTION TWO: '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 ssioners of Collier County, Florida, this 10th January , 1989. January 10, 1989 ATTEST:~ :, J. AMES CLERK -' Virgi~ ri, BOARD OF COUNTY COM]~ISSIONERS COLL~/~. COUNTY, FLORIDA f~0RT' L. SAUNDERS, CHAIRMAN erk AND LEGAL SUFFICIENCY day MARJORIE M. STUDENT ASSIST~ANT COUNTY ATTORNEY . R-88-14C PUD Ordinance This ordinance filed with the Secretary of .Stqte% Offic~ f~e ' arid ocknowl~dgeme~n~ 9f. ~hat PLANNED UNIT DEVELOPMENT DOCUMENT FOR PARADISE POINTE RV RESORT DATE ISSUED: DATE REVISED: DATE APPROVED BY BCC: January. 10:10~g ORDINANCE NUMBER: 89-1 EXHIBIT "A" TABLE OF CONTENTS D~-VELOPM ENT TEAM ........................................ ...... STATEMENT OF COMPLIANCE ........................... 2 S~ORT TITLE ............................................. SECTION I, PROPERTY DESCRIPTION AND OWNERSHIP ........... 3 ~.0~ - INTRODUCTION, LOCATION, AND PURPOSE .............. 3 1.~2 - LEGAL DESCRIPTION ................................ 3 , S~.CTION II, PROJECT DEVELOPMENT ......................... i~,,~,.~.,2.01 - PURPOSE .......................................... ,' 02 - GENERAL PLAN OF DEVELOPMENT ~','.~:~ ~,:: :~ ~'i 2 03 COMPLIANCE WITH APPLICABLE ORDINANCES ' ~ 2 04 FRACTIONALIZATION .i . - OF TRACTS ...................... 4 4 2.05 - LAND USES ........................................ 4 4 2.0'/ - DEVELOPMENT SEQUENCE AND SCHEDULE ................ 2.10 - PUD CONCEPTUAL SITE PLAN APPROVAL PROCESS 5 6 3.03 - GENERAL DESCRIPTION .............................. 7 3.~5 - PERMITTED ACCESSORY USES AND STRUCTURES .......... 9 3.06 - DEVELOPMENT STANDARDS ............................ 9 SECTION IV, RECREATION AND OPEN SPACE ................... 12 · 4 01 PURPOSE 12 · e®eeeseleleeee.eet~eseee~eeeee~ee~eeeeeeel 4.02 - PERMITTED USES AND STRUCTURES .................... 12 4.03 - PROPERTY DEVELOPMENT CRITERIA ................... 13 SECTION V, GENERAL DEVELOPMENT COMMITMENTS .............. 14 5.01 . 5.02 .;L.: ~" 5.03 '5,04 5.05 - PURPOSE .......................................... 14 - P.U.D. MASTER PLAN ............................... 14 - ENVIRONMENTAL ADVISORY COUNCIL STIPULATIONS ...... 14 - WATER MANAGEMENT ADVISORY BOARD STIPULATIONS ..... 16 - TRANSPORTATION ................................... 16 - UTILITIES ........................................ 17 - FLOOD CRITERIA ................................... 18 · 5.08 - EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS ..... 18 5.09 - ADDITIONAL DEVELOPMENT COMMITMENTS AND STANDARDS.19 XNTENDED LAND USES AND ACREAGE .................... TABLE .I ...PROJECTION OF PROJECT DEVELOPMENT ................. TABLE II DEVELOPMENT TEAM Wildwood R.V. Resort, Inc. 5600 North Tamiami Trail, Suite 2 Naples, Florida 33963 Contact Dan Conley, 597-7184 '9, LANDSCAPE ARCHITECT: Renfroe & Buckbannan, ASLA 700 Goodlette Road Naples, Florida 33940 Contact Hank Buckhannan, 262-4102 ENGINEER: Coastal Engineering Consultants, Inc. '~ 3106 S. Horseshoe Drive ' Naples, Florida 33940 ? Contact John McCord, 643-2324 ::~?': WATER MANAGEMENT: · ~, . McAnly& Associates ,~'>' 5101 East Tamiami Trail · ~.:~ Naples, Florida 33962 Contact George Mellen, 775-0723 SURVEYOR: Wo Lamar Evers, Inc. 1029 Fifth Avenue North Naples, Florida 33940 Contact Lamar Evers, 263-8684 ATTORNEY: ~Conley & Baker Chartered 5600 North Tamiami Trail Naples, Florida 33963 Contact Dan Conley, 597-7184 -1- STATEMENT OF COMPLIANCE The development of approximately 56.13 acres of property in Collier County, as a Planned Unit Development to be known as Paradise Pointe RV Resort will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential, and recreational facilities Of Paradise Pointe RV Resort will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1) The subject property has the necessary rating points to determine the availability of adequate community facilities and services. '2) The project development is compatible and complimentary to the surrounding land uses. 3) Improvements are planned to be in substantial com- pliance with applicable regulations. 4) The project development will result in an efficient and economical extension of community facilities and services. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities. SHORT TITLE Th'is ordinance shall be known and cited as the "Paradise Pointe EV ~:<.Relort PUD Ordinance". SECTION I PROPERTY DESCRIPTION AND OWNERSHIP l~01 INTRODUCTION, LOCATION, AND PURPOSE It is the intent of Wildwood R.V. Resort, Inc., a'Florida corporation, hereinafter called "applicant" or "developer", its successors and assigns, to establish a Planned Unit Development (PUD) on approximately 56.13 acres of property located in Collier County, Florida. The subject property is located on the East Tamiami Trail (U.S. 41), approximately 2.6 miles east of the intersection of U.S. 41 and State Road 951 (Isle of Capri Road). The subject property is bordered on the west by the existing Imperial Wilderness RV Resort. It is bordered on the east and south by undeveloped properties, and it is bordered on the north by U.S. 41. It is the purpose of this document to establish standards and guidelines for the future development of this property. 1.02 LEGAL DESCRIPTION From the intersection of the south line of Section 12, Township 51 South, Range 26 East, Collier County, Florida, with the Southwesterly right-of-way line of State Road (U.S. Route 41, Tamiami Trail), run North 54 21' West, along said right-of-way line for 2000.00 feet to the POINT OF BEGINNINC; thence South 35 39' West for 1439.79 feet, to the South line of Section 12; thence South 89 54' West, along said South line, for 848.74 feet to the East line of the West hal~ of the West half of said Section 12; thence North 00 50'90" East, along said line, for 2344.13 feet to the aforesaid right-of-way line; thence South 54 24'20" East, along said line, 1468.94 feet; thence South 54 21'00" East, for 564.58 feet, to the Point of Beginning, containing 56.13 acres, more or less; said lands situated, lying and being in Collier County, Florida. 1.03 TITLE TO PROPERTY The subject property is owned by the applicant. -3- SECTION II PROJECT DEVELOPMENT 2.02 GENERAL PLAN OF DEVELOPMENT Paradise Pointe RV ReGort is a planned community including a mixture of residentia.~ uses, and recreational, conservation, and water management-related elements. I~'~-~.'~ , 2,03 COMPLIANCE WITH APPLICABLE ORDINANCES . ~¥~.;. The project is intended to be in substantial compliance with . .,:-/.. the applicable Collier County Zonin~ and Subdivision · ~.,,~!' :::. regulations as well as other Collier County Development codes ~.'-..: . ~n effect at the time permits and/or plats are requested ~?'~?' · 2.04 FRACTIONALIZATION OF TRACTS ' ~,.' ~ '-~ No fractionalization is permitted ~;?~:~ Table I is a schedule of the intended land use types, with .'"'::: '... approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on Exhibit "A" ~':"~: ' ' P.U.D. Master Plan. Minor changes and variations in design  :::'.' ~' and acreages shall be permitted at final design to ;~;..;~ accommodate topography, vegetation, and other site ~';: '. conditions.  .,.~~~~.~: The final size of the recreation and open space lands will . ~: depend on the actual requirements for water mangement, .... ~ .,~ roadway pattern, and dwelling unit size and configuration. 2.06 PROJECT DENSITY The total acreage of the Paradise Pointe RV Resort is approximately 56.13 acres. As shown on Table I, 22.89 acres are designated for 383 RV sites, resulting in a density of 16.73 units per gross acre of residential land, or 6.82 units per gross acre overall. The devPloper does not intend to have any residential usage other than.RV sites. 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. 'DEVELOPMENT SEQUENCE AND SCHEDULE The applicant's projection of project development is set forth in Table II hereof. EASEMENT__S FOR 'TILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in substantial compliance with the Collier County Subdivision Regulations in effect at the time a permit is requested or required. For the RV sites, the easements for public utilities for each lot shall be: each side 5 feet front 10 feet rear 8 feet. Ail 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. 2.09 ROADS Ail roa~s within the development shall be private roads, to be perpetually maintained by an appropriate homeowner's association, to be established pursuant to Collier County subdivision regulations in effect at the time of site development plan approval or plat approval, whicheve£ is appropriate. 2.10 PUD CONCEPTUAL SITE PLAN APPROVAL PROCESS When PUD Conceptual Site Plan approval is desired or required by this document, the following procedure shall be followed: a. A written request for conceptual site plan approval shall be submitted to the Director for approval. The request shall include ~aterials necessary to demonstra.te that the approval of the conceptual site plan will be i~ harmony with the general intent and purpose of this dobument. Such material may include, but is not limited to the following, where applicable: 1) Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off-street loading areas; yards and other open spaces. -5- 10 2) Plans showing proposed locations for utilities hookup. 3) Plans for screening and buffering. b. A fee consistent with the current fee schedule for County Site Development Plan approval shall accompany the application, unless a specific fee for Conceptual Site Plan review is adopted. c. If approval or denial is not issued within twenty (20) working days, the submission shall be considered automatically approved. 2.11 SITE DEVELOPMENT PLAN APPROVAL Site development plan approval, when desired or required under this document, shall follow the procedure as outlined in the zoning ordinance. SECTION III RESIDENTIAL LAND USE 3.01 PURPOSE The purpose of this Section is to set forth the regulation~ for the areas designated on Exhibit "A", P.U.D. Master Plan as Residential. 3.02 MAXIMUM .DWELLING UNITS The maximum number of 383 dwelling units, sometimes also called RV sites, may be constructed on the lands designated as residential. 3.03 GENERAL DESCRIPTION As stated hereinbefore, the areas designated as residential on the P.U.D. Master Plan are designed solely for RV sites. The "typical" site will be 35 feet by 70 feet, although this statement is not intended to establish any minimum or maximum size for any particular site. However, no site shall contain less than 1,800 square feet and no site shall have an average width of less than 30 feet nor an average depth of less than 60 feet. A recreational vehicle (RV) is for these purposes the same as defined in Florida Statutes 320.01(1)(b), as amended from time to time. That Statute currently reads as follows: "A recreational vehicle-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Recreational vehicle-type units, when traveling on the public roadways of this state, must comply with the length and width provisions of s.316.515, as that section may hereafter be amended. As defined below, the basic entities are: 1. The "travel trailer", including a "fifth-wheel travel trailer", which i~ a vehicular portable unit, mounted on wheels, of such a size or weight as not to requir~ special highway movement permits when drawn by a motorized vehcle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use. It has a body width of no more than 8-1/2 feet and an overall body length of no more than 40 feet when factory-equipped for the road. -7- 2. The "camping trailer", which is a vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use. 3. The "truck camper", which is a truck equipped with a portable unit designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping, or travel use. 4. The "motor home", which is a vehicular unit which does not exceed the length and width limitations provided in s.316.515, is built on a self-propelled motor vehicle chassis, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use. 5. The "park trailer" which is a transportable unit which has a body width not exceeding 12 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior walls at the level of maximum dimenisions and including any bay window that extends to the floor line, does not exceed 400 square feet. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions." 3 04 PERMITTED PRINCIPAL USES AND STRUCTURES The RV sites shall allow either the temporary or permanent placement of a recreational vehicle upon the site. An example of temporary placement would be a motor home being driven on to and off of the site from time to time. An example of permanent placement would be what is commonly known as a recreational vehicle pa~k model, which, once it is set up on a site,-is not usually moved. Any such permanent placement shall conform to the Collier County Buflding Code as in effect from time to time regarding hurricane tie-down and all other applicable requirements. -8- The remainder of the acreage designated as residential on the Master Plan shall be devoted to recreational facilities, lakes and water management facilities, roads and utilities, and maintenance facilities connected therewith. 3.05 PERMITTED ACCESSORY USES AND STRUCTURES Screen rooms (with vinyl or glass windows, and with or without a kickplate), cabanas, patios, slideouts and tipouts, utility rooms, storage sheds, decks, air conditioning units located outside the RV, and other accessory uses and structures customarily associated with RVs shall be permitted. Such accessory structures may be constructed out of any materials, and built and attached to the RV in any manner, provided that the Collier County Building Code as in effect from time to time is complied with in all respects. Provided, further, that any such structure which is attached to the RV shall be dismantled and removed whenever the RV is removed from the site. The purpose of this restriction is to ensure that such accessory structures will not be left standing on the site when the RV unit is not present, so as to eliminate danger of such accessory structures becoming dangerous instrumentalities in the event of high winds or hurricane conditions. ~3.06 DEVELOPMENT STANDARDS a. Minimum Lot Area: 1800 square feet b. Minimum Lot Dimensions: 1) width: 2) Depth: Average of 30 feet Average of 60 feet Minimum Yards - Both Principal and Accessory Structures: 1) Front Yard: 10 feet 2) Side Yard: 5 feet 3) Rear Yard: 8 feet 4) From PUD boundary or from any required buffer area: 10.feet 5) From public street: 25 feet I 6) Separation between structures: 10 feet d. Maximum Height of Structures: 20 feet -9- Maximum Size of TTRV Unit: 500 square feet or larger if permitted by County Ordinance 82-2 as amended. Maximum size of TTRV unit in combination with Attached Accessory Structures: 500 square feet of living (air conditioned) area or larger if permitted by County Ordinance 82-2 as amended. Internal Street System: Ail TTRV lots shall have direct access from the internal street system. h. Required Facilities: k. 1) Central water and sewer shall be available to each TTRV lot. 2) A trash container such as a dumpster shall be located in areas easily accessible and not obstructed by TTRV lots or parking areas. 3) A building open at all times wherein a portable fire extinguisher in operable condition and first aid equipment is available, and a telephone is available for public use. 4) One parking space per TTRV lot. Required Buffers: A landscape buffer in accordance with Section 8.37 of the Zoning Ordinance 82-2 shall be provided along the north, east and south perimeters of the PUD, as well as the southerly 500 feet along the western perimeter. This westerly buffer is required only if the sewage treatment plant on the adjacent property (Imperial Wilderness) is present at the time of permit application. Permanent Location of TTRV: TTRV units may be permanently located on a lot; however, no permanent residency is allowed. Other standard's: Landscaping, parking, signa.ge, and other standards not addressed herein shall be as permitted/required by the Zoning Ordinance in effect at the time of permit application. Plan Approval Requiremenents: "Site Development Plans", per Section 2.11 of this document, shall be -10- 15 submitted for review and approval prior to building permit application unless the property is to be subdivided in which case plat approval shall be required. -11- SECTION IV RECREATION AND OPEN SPACE 4~01 PURPOSE The purpose of this Section is to set forth the regulations for the areas covered on Exhibit "A" within the recreational acreage. 4.02 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 Principal Uses and Structures 1) Parks, playgrounds and game courts and fields. 2) Biking, hiking, canoeing and nature trails. 3) Nature preserves and wildlife sanctuaries. 4) Recreational shelters, laundry facilities and restroom facilities. 5) Clubhouse and all related facilities, including laundry and swimming pool. 6) Roads, pathways, accessory uses and structures customarily associated with the permitted use, including but not limited to utility structures, lakes, water management facilities, etc. 7) Gatehouse, perimeter fence, and similar security structures. b. Permitted Accessory Uses and Structures 1) Accessory uses and structures customarily associated with principal uses permitted in this district. 2) Maintenance and storage area structures. ~ c. Site Plan ApprGval Requirement Site Development Plans, pec Section 2.11 of this document, shall be submitted for review and approval prior to building permit application. -12- 4~03 PROPERTY DEVELOPMENT CRITERIA 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. No recreational facility shall exceed a maximum height of 30 feet. b. Minimum Recreation Area: 1.43 acres. Parcel Size Requirements: Generally as shown on the PUD Master Plan. d. Minimum Yards - Both Principal and Accessory Structures: 1) Front Yard: 10 feet 2) Side Yard: 5 feet 3) Rear Yard: 8 feet 4) From PUD boundary or required buffer area: 5) Separation between structures: 10 feet 10 feet e. Maximum Height of Structures: 30 feet fe Required Buffering: The Storage Area (as shown on the PUD Master Plan) shall contain a landscape buffer in accordance with Section 8.37 of the Zoning Ordinance 82-2 around its entire perimeter. ge Other Standards: Landscaping, parking, signage, and other standards not addressed herein shall be as permitted/required by the Zoning Ordinance in effect at the time of permit application. SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.01 PURPOSE The purpose of this Section is to set forth the development commitments of the project. 5.02 P.U.D. MASTER PLAN a. The P.U.D. Master Plan attached as Exhibit "A" hereto is an iljustrative preliminary development plan. The design criteria and layout iljustrated on the Master Plan shall be understood to be flexible, so that, the final design may satisfy the project criteria and comply with all applicable requirements of this ordinance. b. Ail necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities. c. Minor design changes shall be permitted subject to County staff administrative approval. 5.03 ENVIRONMENTAL ADVISORY COUNCIL STIPULATIONS a. Development shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit priou to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division 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'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 oriePted 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 Natural Resources Management Department and the Community Development Division for their review and 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 plants, as defined in the County 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 Natural Resources Managment Department and the Community Development Division. 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 Natural Resource Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficent manner so as to provide only a minimal interruption to any construction activities. e. The central cypress wetland (as depicted on attached NRMD diagram) shall be a preserve and incorporated into the water management system. The adjacent western area (60:40 cypress to pine) shall be included in this wetland preserve. In addition, at least a ten foot buffer shall be maintained around the preserve. Petitioner shall flag the area, with 'review and approval by NRMD, prior to clearing. The Site Development Plan or Plat, whichever is appropriate shall have the cypress preserve designated as such. f. The sedge meadow wetland (as depicted on attached NRMD diagram) in the northeast corner is outside the property's boundaries (as shown on the Master ~lan). -15- g. Where feasible, petitioner shall incorporate the cypress and pine tress ~n the transitional area and southwestern cypress wetland into the overall landscape plan. This incorporation shall be shown on the site landscape plan and is subject to the review and approval by NRMD. h. Where feasible and practical, petitioner shall save the dahoon holly trees or transplant them to suitable areas on site. 5.04 WATER MANAGEMENT ADVISORY BOARD STIPULATIONS a. Those sites having a rear boundary abutting a lake shall have the rear 8 feet thereof subject to both a drainage easement and (per Section 2.08) a utilities easement. b. Detailed site drainage plans shall be submitted to the County Engineer 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 County Engineer. c. An Excavation Permit will be required for the proposed "Development" lakes in accordance with Collier County Ordinance No. 88-26. d. The Petitioner shall construct that portion of the so-called US-410utfall Swale No 1 encompassing the entire 130 foot width of the combined drainage easement with Imperial Wilderness R.V. Resort. Construction of the swale shall be permitted and approved by the County Engineer and County Water Management Director. 5.05 TRANSPORTATION ! a. Subject to Florida Department of Transportation approval, the developer shall provide left and right turn lanes on US-41 at the project entrance. b. The developer shall provide arterial level street lighting at the project entrance. c. Improvements a'and b above are considered "sire related" as defined in Ordinance 85-55 and shall not b~ applied as credits toward any impact fees required by that ordinance. d. Ail vehicular connections (driveways) to the State Highway System must be approved through FDOT permitting process. A permit must be obtained prior to the commencment of any activity~within the State Right-of-Way. -16- e. All roads within the development shall remain privately owned and maintained. f. Access to the site shall be in accordance with FDOT ~ requirements and shall include right and left turn lanes on US-41 if approved by FDOT. The entrance drive shall align with the existing or proposed entrance across US-41 if possible. 5.06 UTILITIES a. Water service Shall be provided through connection to the County central water system. b. The water main must be extended from the US-41 Collier County Water/Sewer District's existing transmission main to the project site and extended within the project, as required. The system must be properly designed and 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. Ce Construction documents for the water service improvements relating to the development of the property must be reviewed and approved by the Utilities Division prior to the approval of building permits on the property. d. Conveyance of the water service improvements to the Collier County Water/Sewer District must be completed prior to approval of Certificates of Occupany for structures on the property. e. Construction and ownership of the water facilities shall be in compliance with all Utilities Division standards, policies, ordinances, practices, etc. in effect at the time construction approval is requested. :~.:~.' , site selected must have the approval of the Imperial ~...~. Wilderness Condominium Association, Inc. ~~.?, i,~:'. ;' - -17- 7.~.::, ', . f. Sewage treatment shall be by private package treatment plant, subject to prior approval of the County Utilities Division and the State Department of Environmental Regulations. If located off-site, and if incqrporated into the Imperial Wilderness sewage treatment Isystem, the FLOOD CRITERIA The subject property is within Zone AE unde~ the Flood Insurance Rate Map, effective September 14, 1979, which requires that all structures be built at a minimum floor elevation of 7 feet. In order to ensure that this minimum level will be met in all cases, no structure may be built on the subject property unless the ground floor elevation is at least 7 feet. All development shall occur in compliance with Ordinance 86-28 (a.k.a. the Flood Damage Prevention Ordinance) as amended by Ordinance 87-80, and as may be amended in the future. 5.08 EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS a. Article X, Section 19: Street name signs shall be approved by the County Engineer, but need not meet U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. b. Article XI, Section 17.F and 17.G: Street right-of-ways and cross-sections for roads shall be subject to County Engineering approval, but need not meet standard County requirements. The paved portion of the roadway shall be 24 feet, consisting of 20 feet of pavement and 2 feet (on each side) of gutter. If roads remain private, 50 foot minimum right-of-way width may be approved, or less if, at the time of site development plan approval, the Director is satisfied that a smaller right-of-way is sufficient. c. Article XI, Section 17.I: Back of curb radii at local to local street intersections shall be a minimum of 30 feet. d. Article XI, Section 17.K: The requirement for 100 feet tangent sections between reverse curves of streets will be waived on local roads, provided that collector roads shall be built to County standards. e. Article XI, Section 21: The requirement for blank utility casings shall be subject to County Engineering approval, but need not meet standard County requirements provided that all utilities are installed prior to roadI construction, i f. Article XI, Section 10: The requirement for reference markers to be placed in water valve covers is waived, subject to County Engineer's approval and subject to meeting State Statutes. 5.'Og ADDITIONAL DEVELOPMENT COMMITMENTS AND STANDARDS a. If any lots, tracts, parcels, etc. are to be sold or subdivided, platting shall be required in accordance with the Collier County Subdivision Regulations. b. The Master Plan shows several intersections that may not meet engineering standards. All intersections shall be required to be in accordance with Subdivision Regulations. c. Fire hydrants served ~9 minimum 8 inch water mains shall be spaced no further than 500 feet apart, and plans shall be submitted for location approval by the East Naples Fire Department. d. The development must have fire apparatus access to every portion of the project including all ancillary service structures, and plans shall be submitted for approval by the East Naples Fire Department. e. Within thirty (30) days of the date of this PUD rezone approval (January 10, 1989), the Petitioner shall submit to the County the appropriate provisional use petition, with applicable fees, ("the Petition") to permit construction of a sewage treatment plant to jointly serve the Paradise Pointe project and the Imperial Wilderness RV Resort project. The Petition shall request approval for construction of the sewage treatment plant on the property identified by Petitioner at the January 10, 1989 Board of County Commissioners (BCC) rezone hearing. Development of the sewage treatment plant is contingent' upon BCC approval of the Petition and the issuance of all applicable state and local permits and approvals. It is understood by Petitioner that no evaluation was made by the BCC as to the location or propriety of the sewage treatment plant and the BCC shall be under no obligation or constraint of any kind to consider favorably or to approve the Petition. In the event that the Petition is denied by the BCC, the Petitioner understands and agrees that it shall have no right to develop the property in accordance with this PUD document and that all such development rights granted herein shall immediately be suspended and, without further action of che Board, shall become null and ~oid. No planning, development or financial expenditures, substantial or otherwise, between the effective date of this PUD and consideration of the Petition by the Board shall Grant or allow the Petitioner, its successors or assigns, any vested rights or estoppel argument to commence or continue development as otherwise authorized by this PUD. -19- PARADISE POINTE RV RESORT PUD TABLE I INTENDED LAND USE APPROXIMATE ACREAGE Residential (RV Sites) Roads Lakes (including Cypress Preserve) Drainage easement (65' wide) Buffer areas (incl. perimeter) Clubhouse Satellite recreational (pool) Maintenance area 22.89 7.36 14.06 3.46 3.74 4.17 1.52 0.68 ITEM Lakes 'Water retention and drainage Recreation (Clubhouse area) and storage Satellite recreational RV Sites 1 through 200 RV Sites 201 through' 383 TABLE II Projection of Project Development ESTIMATED COMPLETION May, 1989 May, 1989 November, 1989 March, 1991 November, 1989 March, 1~91 25 EY~IIBIT "A" VEGETATIVE CO,~.MUNITIES AT P;P~%DISF, POINT]5. RV RSFK)RT C:'~- Cypress Wetland SM- Sedge Meadow BW- Butter. bush Wetland TP- Transitional Pineland FW- Fern Wetland BP-CP- Brazilian Pepper/ Cabbage Palm E~IIBIT "B" STATE OI? FLORIDA ) COUNTY OF COLLIER ) ], JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial C'ircu~t, Collier County, Florida, do hereby certify that the foregoing is a true cop~ of: Ordinance No. 89-01 which was adopted by the Board of County Commissioners on the 18th day of January, .1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Co_] I[er County, Florida, this 18th day of January, 1989. JAMES C. GILES Clerk of Courts and C].e~k" Ex-off.[c[o to Board Countv Commissioners fly: /s/Vi. rginJ, a Magr.[,..:, Deputy Clerk 28