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Ordinance 89-025 ORDINANCE 89- 25 AN ORDINANCE ~d~ENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS :,~?~FOR THE UNINCORPORATED AREA OF COLLIER ~COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS ~P NUMBER 49-25-1 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 RURAL AGRICULTURAL AND PUD PLANNED UNIT DEVELOPMENT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CITRUS GARDENS FOR 20 MULTI-FAMILY DWELLING UNITS; FOR PROPERTY LOCATED ON THE EAST SIDE OF AIRPORT ROAD, APPROXIMATELY 1 1/2 MILES NORTH OF PINE RIDGE ROAD (CR-$46) IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, CONTAINING 98.6 ACRES, MORE OR LESS, AND AMENDING PUD ORDINANCE NUMBER 86-33, WHICH ESTABLISHED THE CITRUS GARDENS PLANNED UNIT DEVELOPMENT BY AMENDING ACREAGE ON COVER PAGE, AMENDING LIST OF EXHIBITS BY ADDING EXHIBIT A-l, AMENDING SECTION I, STATEMENT OF COMPLIANCE AND SHORT TITLE, AMENDING SECTION II PROPERTY OWNERSHIP AND LEGAL DESCRIPTION, SUBSECTION 2.01 PROPERTY OWNERSHIP AND 2.02 LEGAL DESCRIPTION, AMENDING SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION, SUBSECTION 3.06 PROJECT DENSITY, SUBSECTION 3.11 I~ND USE SUMMARY, AMENDING SECTION IV LAND USE REGULATIONS, SUBSECTION 4.03 PERMITTED USES AND STRUCTURES, AMENDING SECTION V GENERAL DEVELOPMENT COM~ITMENTS, SUBSECTION 5.02 PUD MASTER DEVELOPMENT PLAN, SUBSECTION 5.03 TRANSPORTATION AND TRAFFIC IMPACT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert H. Grabner, Jr. of the Ericksen Corporation, representing Radnor/Lakeside Corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: The Zoning Classification of the herein described real property located in Section 1, Township 49 South, Range 25 East, Collier County, Florida is changed from "A-2" and "PUD" to "PUD" Planned Urit Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated hmrein and by reference made part hereof. The official Zoning Atlas Map Number 49-25-1, as described in Ordinance 82-2, ts hereby amended accordingly. 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: April 25, 1989 ATTEST: .-~ BY: J~4. ES C. GILES, gLERK '~I ., :7'" APPROVED AS TO FORM /hN'D ~GAL SUFFICIENCY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN ~O~.IE M. STUDENT ASSISTANT COUNTY ATTORNEY R-88-24C/PDA-88-13C ORDINANCE · hll o~dlnance filed wlth the /.retary of_State's Offic.q..%be~ cloy o~~ ~ ~ ac~le~e~e~ 9f' that fi~_ ~elv~~ doy ' 195 CITRUS GARDENS A PLAIINED UNIT DEVELOPME:IT 93?6 [98.6] Acres located in Section 1, Township 49 South. Range 25 East. Collier Councy,'Florida PREPARED BY: WILSO[I, MILLER, BARTON, SOLL & PEEK. INC. 1383 AIRPORT ROAD, NORTH NAPLES, FLORIDA 33942 March, 1986 ORIGINAL PUD DATE APPROVED BY BCC: pp%y_.22,. ~9~ ORDINANCE NUMBER: 86-33 PUD AMENDMENT PREPARED BY: ERICKSEN CORPORATION 6306 TRAIL BLVD. NAPLES, FL 33963 DATE APPROVED ~ BCC: __.Ai~/m ORDINANCE NUMBER: .......... -89--2--~ .... DELETED ......... ADDED [__] TABLE OF CONTENTS PAGE LIST OF EXHIBITS i SECTION I S~%TEME};T OF COI{PLI;,NCE A~:D SJ{CRT TITLE ...... l-i SECTION II PROPERTY OWNERSHIP & LEGAL DESCRIPTIOr~ ....... 2-1 SECTION III STATEMENT OF INTENT & PROPERTY DESCRIPTION ..... 3-1 SECTION IV LAND USE REGULATIONS ................ 4-1 SECTION V GENERAL DEVELOPMENT CO~4MITMENTS .......... 5-1 197 EXHIBIT A [EXHIBIT EXHIBIT B LIST OF EXHIBITS P.U.D. I~aster Plan, Aerial Photograph. and Location :lap, WIIBS&P File No. [Amended P.U.D. Master Plan, Aerial Ph___otograph, and Location l~apL_ WHD~&__P. File Ilo. RZ - 136-A] Environmental Impact Statement - Letter of Uai':er SECTIOI{ I STATEMENT OF COMPLIANCE AND SHORT TITLE The purpose of this section is to express the intent of 8oseph B?--BennessT-~r?T-?tustee [Radnor/Lakeside Corporation, a Dela- ware corporation,] hereinafter referred to as applicant or sponsor, to create a P.U.D. on 93~6 {98.6) acres of land lucated in part of Section 10 Township 49 South, Range 25 East, Collier County, Florida. The name of this proposed development shall hence fo:th be known as C~:~us Gardens. 7Ne development ~: Citrus Gardens a Planned Unic Development will be in comp;ianc~ with the planning Goals and objectives of Collier County ,s set forth in the Compruhen~/u Plan. The ~'~sZdentlal develupmun, with associated recreational facilities will be consistent with the growth policies and land development regulations of th~ Com- prehensive Plan Land Use Element and other applicable documents ~or the following reasons: 1. The subject property has the necessary rating points co determine availability of adequate community fac~liti,.s and services ~n conformance with the Collier County Co~- prehensive Plan. 2. The development shall be compatible with and complimen- tary to the surrounding land uses. 3. All improvements shall be in substantial comrliance with applicable regulations. The cjustering of residential units provides for more common open space and ~lexibility in design and shall improve the living environment of the development. 5. The number of egress and ingress points shall be limited so as to minimize thu impact upon thu traf[ic flow alohg Airport Road. 6. The project will be served by a complete range o~ set'- vices and utilities. The project is planned so as to create a viable use of the property upon completion of its current us~ as a commercial excavation pit. This Ordinance PUD Ordinance. shall SHORT TITLE be known and cited as the Citrus G~rden~ SECTTOM X'[ PROPERTY OWNERSHZP AND LEGAt. DESCRZPTZOU 2.01 2.02 l?~r cpe r t ? Ownership The subject property is currently owned by: Stanebutnet~Bonne~n-?tu=t [~or/La~estde ~orpor~(.~ ~ ~elawar~ corporation] Legal Description The subject property is described as ~ollow$: The South 1/2 of the Northwest 1/4 of Section 1, Township 50 South, Range 25 East, Collier County, Florida, le~s the West 100' for canal right-of-way. [~9ge~her with the ~e~t 137.07 feet of the So%~th Of the Northeast 1/4 of Section i~ Township 49 $out~_.~ Range 25 Ea__~..t~ .Collier County.~ .Flo~da.] 2-X 3.01 3.02 3.03 SECTIOI! III STATEMENT OF INTENT AND PROJECT DESCRIPTION ~NTRODUCTIOII It is the sponsor's intention to create a cjuster and mul- ti-family residential project with recreational and oth-~r support facilities. The units shall be centered aronnd existing lake, recreational facilities, and common open spaces. The recreational facilities may consist of swim- ming pools, tennis courts, a joc~in3 trail an] any otb.:r additional facilities as may be deemed desirable, COMPLIANC~ WITH APPLICABLE ORDINANCES The project is intended to be in substantial compliance with the applicable Collier County Zoning and Subdlvisi~n regulations as well as other Collier County deve;opme.~t codes in effect at the time permits and/or plats aze requested. DEVELOPMENT AND F~ACTIONALIZATION OF TRACTS a. When the developer sells an entire Tract or a building parcel (fraction of a Tract) to a subsequent owner, or proposes development of such property himself, the developer shall provide to the Administrator for approval, prior to the development of the tract by the developer or prior to the sale to a subsequent o:~ner of such property, a boundary drawing showing the tract and the building parcel therein (when applicable) and the square footage assigned to the property. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. b. In the event any tract or building parcel is sold by any subsequent owner, as identified in Section ~.03 a}, in fractional parts to other parties for development. subsequent owner shall provide to the Administrat{,r, for approval, prior to development of the tract by the developer or prior to the sale of a subsequent owner of a fractional part, a boundary drawing showing his or.- ginally purchased tract or building parcel and the fractional parts therein and the square footage a~sign~d to each of the fractional parts. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. 3.04 c. The developer of any tract must submit a PUD Conceptual Site Plan for the entire tract in accordance with Sec- tion 3.04 of this document prior to Final Site Develop- ment Plan submittal for any portion of that tract. The developer may choose not to submit a Conceptual Site Plan for the entire tract if a Final Site Plan is sub- mitte~ and approved for tL= e;~tire tract. d. The developer of any tract or building parcel must suP- mit, prior to or at the sal,~e time of application for a building permit, a detailed site development p)an for his tract or parcel in conformance with the Zoning Ordinance requirements for site developmenu plan approval. This plan shall be in compliance with a;~y approved Conceptual Site .Plan as well as all criterQa within this document. e. In evaluating the frationalization plans, the Adminis- trator's decision for approval or denial shall b-: based on compliance with the criteria ,and the deve%opment intent as set forth in this document, conformance with allowable amount of building square footage a,~d the reasonable accessibility of the fractional parts to public or private roadways, common areas, or othe:' means of ingress and egress. If approval or denial is not issued within t~n '' ') working days. the submission shall be considered auto- matically approved. PUD Conceptual Site Plan Approval Process When PUD Conceptual Site Flan approval is desired .',r required by this document, the following procedure s;,all he followed: A written request for Conceptual Site Plan approval shall be submitted to the Director for approval. The request shall include materials necessary to demonstrate that the approval of the Conceptual Site Plan will be in harmony with the General intent and purpose of th%s document. Such material may include, but is not limited to the following, where applicable. Site plans at an appropriate scale showing pro- posed placement of structures on the proper~y: provi- sions for ingress and egress, off-street loadin~ area; yards and other open spaces. 2. Plans showing proposed locations for utilities hookup. 3. Plans for screening and buffering. 3-2 b. In the case of cjustered buildings required property development regulations may be waived or reduced provided a site plan is approved under this section. c. A fee consistent with the current fee schedule for County Site Development Plan approval sh&ll accompany the applicat±on, unless a s~,ecific fee for Conceptual Site Plan Revlew is adopted. if approval or deniul is nut issu~u within tw,.nty (20) working days, t-he submission shall be considered automatically approved. Site Development Plan Approval Process Site Development Plan approval, when desired or requested b'~ this document, shall ~ollow the procedure as outlined in th) Zoning Ordinance. 3.05 LAND USES The arrangement of land use types is shown on the 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 specific location and size of individual tracts &nd the assignment of dwelling units thereto shall be submitted the AdminLstrator for approval or denial, as described in Section 3.03 of this document. The final size of the rec- reation and open space lands shall be no less than one acre. 3.06 PROJECT DENSITY The total acreage of Citrus Gardens ia approximately 9~v6 [98.~] acres. The maximum number of dwelling unit~ to be built on the total acreage is B~6 [3~,6]. The number of dwelling units per gross acre is approximately 4.0. The den=iCy 9n' individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 3.07 RESERVATION OF NATURAL VEGETATIO~ AND__.TREE REMOVAL Clearing, grading, earthwork, and site drainage work sha~l be performed in accordance with applicable Collier County Development Codes. and the standards and commitments of this document. 3-3 3.08 3.09 3.10 EASEMENTS FOR UTILITIES Easements shall be provided for water management a~ea~, utilities and other purposes as may be needed. Said ease- ments and improvements shall be in substantial comgliance with the Collier County Subdivision Eegulations. All necessary easements, dedications, or other inst;'uments sh~ll be granted to insure the cc,.t~nueu o~L~r, an~ maintenance of all service utilities in substanti,,1 co:~;- pliance with applicabl4 regu]ations in effect at th.'. t~'~e appzovals are requested. LAKE SITIUG As depicted on the P.U.D. Master Plan, the lake has b~un sited adjacent to existing and planned roadways. The goals of this are to achieve an overall aesthetic character the project, to permit optimum use of the land, ~nd Lo increase the efficiency of the water management network. Accordingly, the setb%ck requirements described in Ord[- nance 80-26, Section SA, as amended by Ordinance 83-3 may be reduced with the approval of che County Enginaer. EXCEPTIONS TO THE SUBDIVISiO~ REGULATIONS The following requirements of the subdivision regulation shall be waived subject to review and approval by the County Engineer at the time of construction plan submittal. a. Article XI, Section lO: Monuments where such occur within street pavcn,u~,t ar~as, tl~ey installed in a typical water valve cover, as in the current County stand:,rds. monuments shall prescribed Article XI. Section 17G: Street Pavement Widths (Waive requirements for private roads to have two (2) twelve foot lanes.) Article XI. Section 17I: Curb Radii {Reduce require- ments from forty (40') foot radius to thirty (30') fo)t radius at local to local roads.) Article XI, Section 17J: Intersections requiring curved streets to have a minimum tangent of 100 feet at inter- sections, multiple intersections, and street jogs. {private roads) e. Article XI, Section 21: UtilitL Casinq~ if all util- ities are constructed prior to pavement construction. 3-4 3.11 f. Article II, Section 17G, Appendix "D", Local Road Typical Sections as it per'~ains to private roads. g. Article II, Section 17K: roads) Reverse Curves: (priva=e Land Use Summary Residential Tracts A-H Lake R~h~-of-wa~ [Loop Road Easement] and Buffers Recreation Area a6~8 [42.5] 41.0 f5~6 [14.1] 1.0 95~6 [98.6] acres 3-5 4.01 4.02 4.03 SECTION iV LAND USE REGULATIONS PURPOSE The purpose of this Section is to set forth the regulations for the Citrus-Gardens P.U.D. Residential areas designated on the Master P].~n are designed to accommodate residential dwelling units, recre- ational facilities, essential services, customary ac.-essory uses, and compatible land uses. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, sh:il be erected, altered, or us~,d, or ]and ~,r wat.,~r used, ~n who:e or in part, for Other than the following: a) Permitted Principal Uses and Structures: 1.) Multi-family dwellings. 2.) Cjuster housing, group housing or patio [lousing subject to development plan approval in acc9rdan-e with applicable regulation. 3.) Water management facilities, excavation pit provided that: lakes, commercial' a.) Excavation shall cease prior %~ buildi::g permits being issued for other permitted uses. b.) The lake area shall not be any greater than the areas showp on the PUD Master P'an (41 acres}. c.) Excavation shall occur according to Excavati,~n Permit #59.12i and th~ stipula~.ions ~,:- Res..- lution 81-164. 4.) Manager's residence and offices. 5.) Interim wastewater treatment fac~iit'~ps subj. ct o ail applicable buffering and setback requirements. 4-; 4.04 1. b) Permitted Accessory Uses and Structures: 1.) Customary accessory uses and structures. 2.) Signs. 3.) Recreational Facilities. 4.) Model units sh~ll be permitted in conjunction with the promotion of the development. The model units shall be converted to residences at the end of a two year period unless otherwise specifically approved by the County Planning and 5oning Direc- tor. [5.} Security Gates and/or Guardhouses.] DEVELOPMENT STANDA?,DS a) Minimum site area: in accordance with Section 3.03 of this document. bi Minimum site width: in accordance with Section 3.03 of this document. c) Minimum distance between principal structures: one-half the sum of their heights with a minimum of twenty feet (20'). d) Setback from internal road right-of-way and project boundaries twenty f~et (20"). e) Maximum height of structures: 3 stories. f) Minimum floor area of residential dwelling: 750 sq. ft. Utility plant setback from P.U.D. external boundary: 50 feet. A buffer shall be provided in accordance with the requirements of the Zoning Ordinance. 2. Minimum standar;~s for parking, landscaping, signs and lighting shall be in accordance with applicable County standards and regulations in effect at the time permits are sought. 4-2 5.01 5.02 5.03 SECTION V GENERAL DEVELOPMENT COHMITMEIITS PURPOSE The purpose of this Section is to set forth the .;ener~l development commitments o[ the project. PUD MASTER DEVELOPMENT PLAN The [Amended] PUD Haster Plan (Wilson, Millet, Bar- ton, Soll& Peek, Inc., Drawing File No. RZ-136[-A] ), an iljustrativ~ preliminary development plan. b. The design criteria and layout iljustrated on the Max- ter Plan shall be understocd as flexible so that final design may satisfy the project and comply w~tt% applicable requirements. Acreages sho~n on the P.U.D. Mastur Plan are approximate and subject to minor changes to accommodate final engineering plans. All necessary easements, dedications, or other Lnstru- meats shall be granted t,9 insure the continued operation and maintenance of all service utilities. d o Minor design changes shall be permitted subject County staff administrative approval. Areas iljustrated as "lakes" shall be conszruct~2d lakes, or upon approval, parts thereof may be green areas. Such areas, lakes and/or natural green area~, shall be of general area an~ configuration as silowH .~n the Master Plan. f. A 5 foot landscaped area s~all be provided along the outside perimeter of the loop road along the east and south boundaries, and a natural vegetation buffer with a minimum width of 15 feet and an average width of 20 feet along the north boundary, and a 20' grassed ment/buffer in conformance with 5.05 b.2 along the west boundary shall be provided. g. Polling places are permitted as required by Section 9.~1 of the Zoning Ordinance. TRANSPORTATION AND TRAFFIC i!.IPACT In accordance with Ordinance 85-55, requiring develop- ment to contribute its proportionate share of fu.,ds %o accommodate the impact of proposed development on ar, a roads; Citrus Gardens or its successors or a~sign~.. agrees to pay road impact fees in accordance w~th t~:e adopted fee schedule, at such time as building permits are requested. 5-1 5.04 b. Citrus Gardens agrees to pay its fair share for all intersection improvements at the project's access point deemed necessary by the County Engineer. c. It is the intent of the developer that the loop road shall be a public [private] road. d. A sidewalk/bikepath shall be provided on at least one side of the loop road. e. A minimum of two road easements to the property to the east shall be provided for future residential develop- ment. El. Developer provide on subject property shall the the connection ol its lb-~p ~d"(a't a mlnlmum o~ two ~oca- t~ons)' to roads ~n exlst~ng or ~uture residential pro- 3ects ad3acent to C~tr~ Gardens ~UD to t~F-e--~-~5'Fn'd e~-~ndln~' to the prop~§~-d---I/lvlngs--t%~----K~d---e~t%'n~fon. ~dents of such existing or future pro3ects ~-~I1--5-~- gntitled to ingress and egress over and'" thro~n~ Citrus Gardens loop road by the appr'0p~[ak~' grant o~ easement rights. ~ ENVIRONMENTAL ADVISORY COUNCIL STIPULATIONS a. A site clearing plan for the 23.3 acre pine flatwoods area shall be submitted to the Natural Resources Mana- gement Department and the Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitte.9 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 landscapin~ design. A landscaping plan will be submitted to the Natural Resources Manage~,ent Department and the Commu- nity 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 hibitat characteristics lost on the site during construction or due to past activities. 5-2 .5.05 c. All 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 Natura] Resources Management r, epart- ment and the Community Development Division. d. If during the course of site clearing, excavation, or · _ othe~ constructional activities, an archaeological or historical site, artifact, or other indictor is d"scov- ered, all development at the location shall be :mmedi- ately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the l~atural Resources Management Department or a designated consul- tant to access the find and determine the proper courne of action in regard to its salvaGeaDility. The [;atural Resources Management Department will respond to ar~y such notification in a timely and efficient manner sc. as ko provide only a minimal interruption to any construction activities. The Petitioner shall investigate the relocation of the sewage treatment plant {i.e., utility site) from the northeastern corner of the parcel to some other l~cation within the parcel. f. A littoral zone shall be created in the existing lake with side slopes to comply with t~e South Florid~ Wat~,r Management District and County Water Management depart- men~ requirements. WATER MANAGEMENT ADVISORY BOARD STIPULATIONS Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of t~e pro- posed construction in accordance with the submitted plans is Granted by the County Engineer. Developer shall be resl,onsible for the fo]lowing along its entire Airport Read {CR-31) frontage in coor- dination with the proposed Airport Road imprcvement plans: 1. Construct necessary improvements to the borrow canal along the east side of Airport Road. Such con- struction to occur when the portion of the t,roject adjacent to Airport Road is constructed or in con- junction with the adjacent Airport ~oad imprcvement project; whichever occurs first. 5-3 5.06 5.07 5.08 Preparation of nec,:ssary additional easements alon~ the east side of the improvement borrow canal to allow for construccion of a travelway for use by the County's maintenance equipment. Such easement to be 20 feet wide and restricted a~ainst permanent structures; use of the easement for activities that will not interfere with occasional County maintenance will be allowed. 3. Installation of a 7' x 6' box culvert at proposed entrance road location placed on the relocated canal centerline, at 'such time as the driveway is installed. No building construction permits will be issued for any proposed construction around the perimeter of the lake unless and until all lake side slopes adjacent to the proposed construction has been completed and approved by the Collier County Water ManaGement Department. TRAFFIC a. The petitioner shall provide arterial level street li~htin9 at the project entrance. b. The above improvement is considered "site related" as defined in Ordinance 85-55 and shall not be counted as credits toward any impact fees required under thmt ordinance. UTILITIES The Utilities Division reviewed this Petition and has no objection to its approval subject to the stipulations per their memo dated March 24, 1996, attached, and incorporated herein by reference including clarification of paragraph E per letter from John Madajewski dated June 17, 1986. ENVIRONMENTAL HEALTH a. Any establishment requiring a CCPHU permit must submit plans review and approval. 5-4 C Ann McKim. Planntn~ Degart:enc MEMORANDUM DATE: Harch 2:. 1986 FROM: John F. Hadalevskt. ~l~'~e~ ~'~n~ineerln& D:recto Re: ?etLcion R-86-~C, Citrus Gardens: PUD o o We have revieued the ~bove referenced ?etit':n. a~J ha"e no ~.~ e~Lion to the rezona as requested. ~oveyer, re'require the follovin8 stipulations aa · cond£cion to our recor'-mendnt:on ~or approvaZ: A).. ~ater & Seuer ~ ..... . .... l) ~&ter' distribution and ~eva~e col!ection and transmission systems ',~J. ll be constructed throughout the project develop=eat by the developer pursuant to all current requirements o~ Collle~ Couuty and the State o~ Florida. g~ter and se~er facillttes constructed ~ltbl~ platted rights-of-uny or uithin utility ease:eats required b~ the County sha~l conveyed to the County for o~mership, operaclon and maintenance purposes pursuant to appropriate County Ordinences and regulations In effect at the time of conveyance. All ua~er and se~er facilities cons:rutted on priyate property and not required by the County to be located .vithin utll!t7 easements' shall be au'ned, operated and maintained by the Developer, his assigns o'f successors. Upon cozpletlon of construction of the unter and seuer facilities ~ithln the project, the facilities uill be tested to ~nsure they ~eec Colller County's utility construction requirements in effect a: the t~ae construction plans are approved. The above tasks ~ust be completed to .the satisfaction o~ the Utilities D~v~sion prior to plac£ag any utility facilities, County o~rned or pt~vxteIy a~ed, ~nto ~e~ce. Upon co=pier, on of the uate: and/or sever fact~t~es and pt~o: to the ~ssuance o~ Certificates nE Occupancy fo~ st~ctutes utthLn the project the ut~iLty facilities ~ha]I be con- veyed to :he County, uhen required ~y the Utilities Division, to County Ordinances and Regulations in effect at the tt~e conveyance requested. The uater [ac~Iit~es shall be turned over to the C~ty o[. gap~es. 2) AII tf cbnstruct~on plan~ and technical spec~cattons and p~oposed pints, appItcable, for the proposed uater dtstr~but~o~ and coIiectton and transmission ~ac~I~c~es aust be rev~eued and approved by the Ut~Itt~es Dives:on prior to co~enc:menc o~ toast,crOon. 3) All customers connecc~n~ to the 'seua~e cai]cotton factitttes be customers o~ the County and veil be b~1led by the County tn accordance utth the County's established rates. Should the County not be tn a poslt~on to provide seue: 'se~ce to the project, the seuer customers shaIi be customers of the ~nter~= utility e~tabilshed to se~e the project unttI the County's off-site se~e~ factitttes are avatIabie serve the project. Uacer supply and bt1iInB sha~1 be provided by the City of Nap]es, L I~Ill Itl To: A~n McKlm, ~l~nning Dept. March 2~,.1986~/~-. . . .. ~) It iS antl~pated t~at the Coun:y Utilities Dlvist~ will ultimately receive and trea~ the s~wage genera:ed by this proJec:. Should the County system no: Be in a position to.r~ceive the project's uasce~acer at the time develop:eat cor.~ences, :he De~eloper, at his expense, u:ll install and operate ~nter!~ on-site sewage treatment and disposal facili:le~ adequate to meet al! requ.ire=ents of the appropriate regulatory agencies. ~) A~ Agreement shall be entered into bttween cbt .County and the Developer, binding 'on :he Developer, his aSslg:s or successors, ~ega[ly accep:aBl[ to the County, prior to the a~proval of con~truc:lon documents ~or the proposed project, ~catlng that: , a) The proposed on-site uastewater :teac=eno and disposal fac!ltcies, it required, are to be constructed as parc of the proposed: project a~d ~ust be regarded as interim; they shall be constructed to 5cate and Federal standards and are to be o~med, operated and ~ain~ained by the Developer, h£s assigns or successors un,il such ti~e as ch~ County's off-site se~er facil~ties are availeble ~o service :he project. The lnteri~ treatment facility shall ~uprly se:vices only to those lands o~,ned by the Developer and approved by :he £ou~ty for deve!c~:ent. The utility facility may not Be expanded to provide ~ewer service outside the development Boundary approved by the Cou=ty without :he ~r:'.i:ten consent of the County. B) Upon conaecclon to the County'~ off-site sewer facilities, the Developer, his assigns or successors shall ~bandon, dismantle and re~ove from the site the ioterim sewage treat cent facility. All work related ~rlth this activity shall be p~rfor=ed at no cost co the County. c) Connection to the County's off-site sewer facilities will be made by cbc ow'nets, their assigns or successors at no cost co cbc Count7 within 90 days after such facilities become available. The cost of connection shall include, but ncc be limited to, all engineering design and preparation of construction docu=ents, pez-~ttt~ng, modification or refitting of existing sewage pu=pi~ facilities or const ructto~ of new. mast&r seua&e pumping facilities, Interconnectlon with County off-site facilities, sewer lines necessary to =eke ~he connection(s), etc. d) Ac the time County off-site se~et facilities are available [or the project to connect ~ttB, the follo~in~ se~er facilities shall be conveyed co the County pursuant to appropriate County Ordinances and Regulations in effect at the time: l) All ~euer facilities constructed in publicly o~med rights-of-way or ~lthln u~ll!:y easements required by :he County wi:hit the project li=l:s required to make connection · rich the County's off-site steer facilities; or, Mirth 21, 198 · '..'J 2) All sawer facilities required to connect the project to the County's of?site sewer facilities vhen the on-site sewer ficili:les &re constructed-on pri~aca property and not require4 by the County to be located within u%ility easements, including --but not limited to:the following: l) F~Ia sewage ll~t stacio~ aod force mmi~ inter- connecting with the County sewer facilities l~cludl~g ill utility g&sements necessary e) The customers served ou an tuterim basis b7 the utility syste~ co~structed by the Developer shall b~co~e customers of the County at the :i~e whe~ County oi/-stte sewer facilities are available co ser'~e the .pro3ecc end such connection ls made. ?flor to connection of the project co the Councy'~ off-site sewer facilities the Developer% bls asmt~s, og successors shall cu~ over co the County ~ complete llsc of the customers se~ed ~y the lncerl~ u~lllcles system and shall hOC compete ~tch the ~uncy for the se~tce of those customers. Ihe Developer shalk also provide the County rich a decalled inventory of the facilities served ~:hl~ the project and the entity which will be responsible for the sewer' sea!ce ~lllln8 for the prc3ecc f) ~1 consc~cclon plans and technical specifications related co connect!ohs co cbc County's off-site sewer facilities will ~e sub~tcced co the Oclllc!es Dlvlston.for revic~ a~d approval prlor co co~enccmenc. of c~sc~ccton. ,* g) The Developer, his assigns or successors agree to pay all system 'developmeut charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations lm effect at the time of Per=it requesc~ This requirement shall be made kno~rn to all p~ospective buyers of properties for ~hich building permits will be required prior to the start of building construction. h) '~he County will lease to the Developer for operation and maintenance :he sewage collection and transmission system for the sum of $~0.00 per year, when such system ts not connected to ~he off-site sewer facilities owned and operated .by the County. Terms of ~he lease shall be de~ermined ~pom completion of the proposed utility cons~ruction and prior to activation of the sewage collection, ~ransmission and treatment facilt:les. The Lease, if required, shall remain in effect until the County can provide sewer service through its off-site facilities or until such tl~e that bulk race sewer service agreements are n~gotiaced with the tnterlm utility sysce~ serving the project. 211 To: Ann McKim, Planning Department Page 4 March 24, 1986 B) Data required under County Ordinance No. 80-112 showing 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 se~-age collection and transmission'systems and the wastewater treatment faciLi~'-y to be utilized, upon receipt thereof. C) Construction and. o~mership of t~e water and sewer facilities, including any proposed interim water and/or sewage treatment facili:tms, shall be in compliance with all Utilities Division Standards, Policims, Ordinances, Practices, etc. in effect at the time construction approval is requested. - D) Detailed hydraulic design reports covering the water distribution amd 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. . 'E) The water distribution system extension to serve the project from existing (interim) City of Naples water facilities located within =he Airport Road rights-of-way shall b= cdnnected adjacen~ to the projec~.'s southern property line, extended throughout the project and looped back to the Airport Road water main adjacent to the project's northerly property line. · F) A Utilities Section shall be added to the Section V, General Development Commitments. The PUD document shall be revised to ~ake reference to this memorandum, by date, and specify the Petitioner's acceptance of the stipulations contained herein. A revised copy of the PUD docunent and draft Ordinance for the zezoning approval must be submitted to the Utilities Division for review and approval the Petition being presente~ for consideration by the Board Commissioners. JFM/sh cc: AJ prior ~o 215 "'G COLLIER COUNTY GOVF~N~4£NT CO~4PL~'X Jun,, i?0 1986 Mr. St~en A. Neans, '?.£. ' 1383 Airport Rosd, ~or~h Naples, F~or~a 33~G2. Re~ Petition* R-~6-~¢, Citrus Gar'den~ ?C~O ' This is iu response to y~ur letter dated ~uoe X3, 1986, ul~ attached and hydraulic coaputscions and to conf~r~ our neettng on Dune regarding the above referenced Petition. Rased on the der& provided and the results of our ~ee:lng, the Util£cies Division is agreeable to the folloulng ~odiflc~t~on of Paragraph E contained in our ~e~orandun dated March 26, ]986: The ~ater d/s:ribucio~ sysce: extension to serve the proJe~:c fro~ the exlstlug (in teri=) City of Naples uater facilities located vlthlu the ~_irport Road rlghts-of-uay ~hall be connected ad~aceat to the project's entrance road, extended throughout the project snd iote.-~a~ly looped. Pro~isions, in the [o~ o~ ~&ter ~ain stub-ouc~ and necessary ease~eot(s), shall be provided for an external looping connection fro: the project to a ~uture rater ~ai~ extended do%~ Orange Blosseo Drive. Construction o~ chis stub-out and granting of the necessary casement shall take place during :he ~fnal phase o~ utility conscructlon ~or the project. Upon revision o! the Pt~ document pursuant to our Mzrch 2&, }986 ~e~oranduo and the above, p. leasc traas~It a copy to chis off,ce for rev~eu. Zf you have any questions re~ardinE the &~ove, please do hoc hesitate to contact this Very truly yours, * . J ~,-D£., ~es Ensioeering lrector Jr~/sh Ce.: ~nn McKln, Plaunin8 Department 3:301 TAMIAN41 TRAIL EAST NAPLES. FLOIglr)A 33962.4977 813.?Ta.Sggg E%IIIIliT "R" COLLIER COUNTY ~OVERNMENt COMPLEX Hmrch 17, 19~6 Alan Reynolds Wilson, ):iller, 3arcon, Soil & Peek, Inc. 1383 Airport Road North .......... Naples, Florlda 33942 Re: Citrus Cardens ?.UoD. Environ=entel lapact State=chis Dear I have revieued the area for uhtch ?ou requested a uaiver of the Eovironaental lnpact Stateaent (ELS). !t is true ~ost of the site is cleared aod excavated. However, the northern portion has slash pines (albeit t:pacted by Brazilian Pepper) and becauze of the excavation, a lake nov exists. During a very short visit to the site [ noted birds on and fish ia the lake. Also, the lake ~lll be subject to ru=of~ of silt during developaent and pesticides during and £ollo~,ing develop=eric. Consequently, you should submit an ElS that addresses the vooded pine site and the borro~ plt lake. An ~ccurate, current depth profile of the lake shcul~ be luclude~. For deep Littoral slopes, any pla~s to =ake the slope ~ore gentle and to create vegetated littoral habitat should be discussed. Present ahy data on and dlacuss the Inflo~ and out£lov o~ ground aad surface ~aters ~n the lake, the presence and accu~ulation of pesticides ~nd nucrleuts £roa la~m runoff, etc. Sincerely, ] / C. Edvard Pro££ttr. Ph.D. Director Natural Resources Hanage-ent Departs, eno C£P/tv ~21 33OI TAMIAMI TRAIL EAST NAPLES. FLORIDA 33962-4977 217 8~3.77d-899!) AGREEMENT I, Robert H. Grabner, Jr., Ericksen Corporation, representing Radnor/Lakeside Corporation, as owner or authorized agent for Petitions R-88-24C and PDA-88-13C, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on April 6,1989. Petitioner 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 prior to any land clearing. A site clearing plan shall be submitted to Environmental Resource Management 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 rative vegetation to the maximum extent possible and how roads, buildings lakes, parking lots,'and other facilities have been oriented to accommodate this goal. Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of ground cover. For example, the use of 70% native trees could allow the use of only 50% native ground cover. This plan shall 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. Ce he 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 Environmental Resource Management and the Community Development Division. 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 Environmental Resource Management notified. Development will be suspended for a sufficient length of time to enable Environmental Resource Management or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. Environmental Resource Management will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. The package treatment plant will be used as an interim step prior to connecting into the county system. Until County service is available only the maximum permitted number of units (376 units) will be constructed. Detailed site drainage plans shall be submitted to the 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 the Project Review Services. An Excavation Permit will be required, for any proposed modifications to the existing lake, in accordance with Collier County Ordinance No. 88-26 or applicable Ordinance in effect at time of permit application. The complete March 24, 1986 Utilities Division stipulations memorandum must be included in the revised PUD document. (For full details, see attached report.) 2 Ail water and sewer facilities constructed to serve the area covered by this petition must be designed, constructed and conveyed in accordance with Collier County Ordinance ~88-76. It is required that all ~ater mains and hydrants in this area meet the subdivision rules and regulations. Re Ail terms of P.U.D. Ordinance No. 86-33 shall apply to the added five acre parcel. Developer shall provide on the subject property the connections of its loop road (at a minimum of two locations) to roads in existing or future residential projects adjacent to Citrus Gardens PUD to the east and extending tot he proposed Livingston Road extension. Residents of such existing or future projects shall be entitled to ingress and egress over and through the Citrus Gardens loop road by the appropriate grant of easement rights. REPRESENTATIVE FOR CCPC DAY SEAL MY COMMISSION EXPIRES: ~OkO~D I~O GE~E~% ;RS. U~O. R-88-24 AGREEMENT SHEET md 3 STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 89-25 which was adopted by the Board of Couhty CommissionErs on the 25th day of April, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2?th day of April, 1989. JAMES C. GILES Clerk of Courts and Clerk ~"~:i~J Ex-officio to Board of c'-'.~ ... County Commissioners Bg: /s/Maureen Kenyon '~', Deputy Clerk I~OOK