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Ordinance 89-031ORDINANCE 89- 3/__ AN ORDINANCE A~MEMDING PUD ORDINANCE 87-31, WHICH ESTABLISHED THE CROWN POINTE PLA31NED UNIT DEVELOPMENT, BY A~MENDING THE FOLLOWING SECTIONS OF THE ORIGINAL PUD DOCUMENT: SECTION 3.3 - PROJECT PLAN A/iD LA24D USE TRACTS, SECTION 3.4 - PROJECT PHASING, SECTION 4.2 - MAXIMTJM DWELLI~;G U~;ITS, SECTION 4.4.3 - MINIMUM FLOOR AREA, SECTION 5.2 - MAXIMUM DWELLING UNITS, SECTION 5.4.3 - MINIMUM FLOOR AREAS, SECTION 8.9 - LAKE EXCAVATION; A24D BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 12, 1987, the Board of County Commissioners approved Ordinance Number 87-31, which established the Crown Pointe Planned Unit Development;' and ~{EREAS, Coastal Engineerinq Consultants, Inc., representing Crown Pointe, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance Number 87-31 by amending the following numbered sections and paragraphs to the PUD Document: Section 3.4 - Project Phasing, Section 4.2 - Maximum Dwelling Units, Section 4.4.3 - Minimum Floor Area, Section 5.2 - Maximum Dwelling Units, Section 5.4.3 - Minimum Floor Area, and Section 8.9 - Lake Excavation. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: ~ Section of Ordinance 87-31, which established the Crown PQ~nte2~lanned Unit Development is hereby amended as set forth ~i~_Ex~-l~t "A" to read as follows: attached Exhibit "A") 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. ATTEST: JAMES C. GILES, CLERK BOARD OF COUNTY CO~4MISSIONERS COLLIER COUNTY, FLORIDA / ~bRT L. SAUNDERS, CHAIPd4AN · APPROVED AS TO FORM AND 'MAR~O~IE M. STUDENT ASSISTANT COUNTY ATTORNEY " LEGAL SUFFICIENCY: PUD 87-31 ZONING ORDINANCE AMENDMENTS filed wlW'~ the CROWN POINTE A PLANNED UNIT DEVELOPMENT Prepared by COASTAL ENGINEERING CONSULTANTS, INC. 3106 S. Horseshoe Drive Naples, FL 33941 July, 1986 REVISED March, 1987 FINAL REVISION May, 1987 AMENDED May 23, 1989 CCPC Approval :~ay 4, 1989 BCC Approval May 23, 1989 1.1 1.2 1.3 1.4 1.5 II III 3.1 3.2 3.3 3.4 3.5 3.6 IV 4.1 4.2 4.3 4.4 4.5 4.6 5.1 5.2 5.3 5.4 5.5 VI 6.1 6.2 6.3 vi! 7.1 7.2' 7.3 7.4 7.5 7.6 7.7 7.8 Table of Contents ~ROJECT O~ERSHIP AND DESCRIPTION Purpose Legal Description Property Ownership General Location of Property Area Physical Characteristics of the Site STATEMENT OF COMPLIANC£ ~ROJECT DEVELOPMENT DESCRIPTION Purpose General Project Plan and Tract Use Project Phasing Project Plan Approval Requirements Development and Fractionalization of Tracts TRACT I RESIDENTIAL DEVELOPMENT Purpose Maximum Dwelling Units Uses Permitted Regulations Off-Street Parking Requirements Site Development Plan ~ACT II MULTI-FAMILY Purpose Maximum Dwelling Units Uses Permitted Regulations Site Development Plan TRACT 3 RECREATIONAL - COMMON AREAS Purpose Permitted Uses and Structures Common Area Ownership & Maintenance UTILITIES AND DEVELOPMENT STANDARDS Purpose General PUD Master Plan General County Utility Requirements Utility Division Stipulations Sewage Treatment Plant and Oxidation/Evaporation Pond Traffic Improvements Surface Water Management 7.9 Electric Power Service 7.10 Telephone Service 7.11 Easements 7.12 Clearing, Grading, Earthwork and Site Drainage 7.13 Street Construction 7.14 Solid Waste Disposal 7.15 Signs 7.16 Landscaping for Off-Street Parking Areas 7.17 Parking, Storage or Use of Major Recreational Equipment 7.18 Parking of Commercial Vehicles in Residential Areas 7.19 Environmental Stipulations 7.20 Impact Fees 7.21 Additional Stipulation Regarding Water Supply viii EXEMPTIONS FROM SUBDIVISION R~GULATIONS 2?.'. 8.1 8.2 8.3 8.4 8,5 8.6 8.7 8.8 8.9 9.1 9.2 Purpose Sidewalks Utility Casings Monuments Dead End Streets Curb Radii Intersections Clearing for Streets Lake Excavation DEVELOPMENT COMMITMENTS Purpose Compliance With Master Site Plan SECTION I Purpose The purpose of this section is to delineate the location and ownership of the subject property, and to describe the existing conditions of the property proposed to be developed under the project name "Crown Pointe." 1.2 LeGal Description Legal Description "A": The east 1/4 of the east 1/2 of the west 1/2 of the west 1/2 of the northeast 1/4 less the north 660 feet, and the west 3/4 of the west 1/2 of the east 1/2 of the west 1/2 of the northeast 1/4r less the north 660 feet and Legal Description "B": The east 1/2 of the east 1/2 of the west 1/2 of the east 1/2 of the west 1/2 of the northeast 1/4 and the east 1/2 of the east 1/2 of the west 1/2 of the northeast 1/4 and Legal Description "C": The west 1/2 of the east 1/2 of the northeast 1/4, all lying and being in Section 7, Township 50 South, Range 26 East, Collier County, Florida. Subject to easements and restrictions of record. The above describes an area of approximately 81.45 acres of land, including approximately 1.84 acres of S.R. 84 right-of-way. 1.3 property Ownership The above legal descriptions describe three parcels o~' land which comprise the project known as Crown Pointe. Legal description "A" describes the approximate 15 acre parcel of land presently owned by Crown Pointe, a Florida General Partnership, 2660 Airport Road, Naples, Florida 33942. Legal description "B" describes an approximate 24 acre parcel of land that is presently owned by Crown Pointe, a Florida General Partnership, 2660 Airport Road, Naples, Florida 33942. Legal description "C" describes the approximate 40 acre parcel presently owned by Crown Pointe, a Florida General Partnership, 2660 Airport Road, Naples, Florida 33942 1 1.4 General Location of ProDerty,.Area The site contains 79.61 (±) acres and is located on S.R. 84 (Davis Boulevard), approximately 1.8 miles east of the intersection of Davis Boulevard and Airport Road. The site is further described as being bounded on the north by Davis Boulevard; on the south by Loch Louise PUD; on the east by commercial frontage and estate sized residential tracts; and on the west by Green Thumb Nursery. The current zoning classification of the subject project is A-2 (Rural Agriculture, Single Family on 5 acres). 1.~ physical Characteristics of Site The subject property is located within Collier County Water Management District Number 6, and within the Collier County Water and Sewer District. The subject site is presently undeveloped. The area lying north of an interior existing east-west 20 foot drainage ditch contains approximately 110 ea. 5" to 20" Slash Pines. The area to the south of the same drainage ditch contains approximately 7,300 ea. 4" to 14" Slash Pines and approximately 2,500 ea. 4" to 6" cypress trees. This area also contains approximately .50 acres of wetlands vegetation consisting of cypress and Slash Pine. The land elevations in the subject site are at approximately +8.00 N.G.V.D. (refer to Boundary and Topographic Map, Figure 1). Runoff from this site flows through the site in a southwesterly direction toward an exiting lake located within the Loch Louise PUD. Water management for the proposed project will utilize a system of lakes connected by a series of drainage pipes and/or scrubber swales. This series of connected lakes will ultimately connect to the lake in Loch Louise. Every effort will be made to design and permit a water management system which will address th~-needs of the County for routing offsite water through the project. The agronomic soil series found within the project boundary includes both Arzell Fine Sand (approximately one-half) and Immokalee Find Sand (approximately one-half). SECTION II Statement of Compliance The rezoning to Planned Unit Development of 79.61(±) acres located in Section 7, Township 50 South, Range 26 East, Collier County, Florida, to be known as Crown Pointe is in compliance with the objectives stated in the Comprehensive Plan and with the requirements of the Collier County Zoning Ordinance for the following reasons: The project development is compatible and complementary to the surrounding land uses. 2. Improvements are planned to be in compliance with applicable regulations. · ! SECTION III Project Development Description 3.1 Purpose The purpose of this section is to delineate and describe the general plan of development for this project, including: land uses, density and phasing schedule. 3.2 General ae Regulations for development of Crown Pointe shall be in accordance with the contents of this document, Planned Unit Development District Zoning regulations and restrictions, and other applicable sections ar.~ parts of the "Collier County Zoning Ordinance" in effect at the time permits are required. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the "Collier County Zoning Ordinance"' in effect at the time permits are required. 3.3 A. Proiect Plan ~sd LaDd u$~ Tracts The Crown Pointe project will interface with the Loch Louise (West Crown Pointe) project. As stated in Section 1.3, the owner of the Crown Pointe project will be Crown Pointe, a Florida General Partnership, while the owner of Loch Louise is ?orest Lake Venture, a Florida Partnership. The principles involved in both organizations are the same. It is the intent of the developers to keep Loch Louise classified as PUD with no more than 330 multi-family res- idential dwelling units, whereas, Crown Pointe is to be developed as a PUD with 204 single family and 127 multi-family units. The two projects are to be joined together by shared roadways, storm water, sewage and water facilities. Both projects will also share a recreational area located at the northern end of the lake at Loch Louise. The combining of these projects will allow two ingress and egress avenues to better facilitate access to both projects. The "PUD Master Plan" is iljustrated by Figure 2. The Crown Pointe project will be comprised of three tracts totalling 79.61 (±) acres. ° ! Ze The planned development in Tract 1 calls for a maximum of 204 single family residential units resulting in a gross density of 3.0 units per acre. The planned development in Tract 2 calls for a maximum of 127 multi-family units resulting in a gross density of 10.6 units per acre. The basic project development objective is to provide a quality residential community comprised of villas, and single family buildings, (attached or detached) together with recreational and condominium facilities and related amenities. It is the developers intention to provide heavily landscaped buffer areas, meeting or exceeding County Ordinance 8.37, between the multi-family area and the residential area to the south. A buffer zone will also be created between the multi-family area and Davis Boulevard (SR 84). Tract description for ~th.e three tracts are listed below (refer to Figure 2). Tract 1: Residential and Water Management/ Temporary Sanitary Sewer Facilities 2. Tract 2: Multi-Family 3. Tract 3: Recreational/Temporary Sewage Facilities Maximum Project Density: No more than 331 residential dwelling units shall be constructed in the total project area of 79.61 acres for a maximum project density of 4.16 d.u. per acre. Maximum densities for each residential tract are listed below and may be located as desired, subject to the requirements of this document within the boundaries of each tract. Tract 1:3.0 single family residential units per acre. Tract 2:10.6 multi-family residential units per acre. Shared recreational amenities between Loch Louise and Crown Pointe may include the following: 1. Recreational small boating facilities, however, gasoline power boats are allowed. Tennis Courts Clubhouses Swimming Pools Lake perimeter walking paths Picnic Areas 3. 4. 5. 6. no 5 Minor variations in the location of roads and structures, lake and tract boundaries, shall be permitted at final design to accommodate topography, vegetation, and other site conditions. Minor variations are permitted as deemed appropriate by the Zoning Director. ~.~ Proiect Phasinq Crown Pointe will be developed in approximately 5 phases as indicated in Table 1. The sequence, number of units in each phase, and type of units in each phase may change during the course of the project, as dictated by market conditions. Table 1 Estimated Development Phasing Schedule Phase No. of Units Start FinJ I 13 SF II 100 SF III 162 SF IV 200 SF V 204 SF VI 127 MF 'Jan. 88 Jan. 89 Jan. 90 Jan. 91 Jan. 92 Jan. 92 Dec. Dec. Dec. Dec. Dec. Dec. sh 88 89 90 91 92 92 Note; No. o~ units are cumulative (separately) for S...~. and M.F, 3.5 pro~ect Plan Approval Requirements Prior to the recording of the Record Plat, final plans of the required improvements shall receive the approval of all appropriate Collier County Governmental Agencies to insure compliance with the Plan of Development, the County Subdivision Regulations and the platting laws of the State of Florida. 5.6 Development and Fractionalizatio~ of Tracts 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 Zoning Director for approval, prior to the development of the tract by the developer or prior to the sale to a subsequent owner of such property, a boundary drawing showing the tract and/or the square footage assigned to the property as applicable. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. 6 Be In the event any tract or building parcel is sold by any subsequent owner, as identified in Section 3.6A, in fractional parts to other parties for development, the subsequent owner shall provide to the Zoning Director for approval, prior to development of the tract by the developer or prior to the sale to a subsequent owner of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the number of units and/or the square footage as applicable, assigned 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. An updated Master Plan showing the fractional parcel also shall be submitted. The developer of any tract must submit a Conceptual Site Plan for the entire tract in accordance with Section 3.5 of this document prior to Final Site Development 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 submitted and approved for the entire tract. De The developer of any tract or building parcel must submit, prior to or at the same time of application for a building permit, a detailed site development plan for h]~s tract or parcel in conformance with the Zoning Ordinance requirements for site development plan approval. This plan shall be in compliance with any approved Conceptual Site Plan as well as all criteria within this document. Ze In evaluating the fractionalization plans, the Zoning Director's decision for approval or denial shall be based on compliance with the criteria and the development intent as set forth in this document, conformance with allowable amount of building square footage and the reasonable accessibility of the fractional parts to public or private roadways, common areas, or other means of ingress and egress. Fe If approval or denial is not issued within ten (10) working days, the submission shall be considered automatically approved. TRACT 1 - RESIDENTIAL DEVELOPMENT 4.1 PurDQs~ The purpose of this section is to indicate the development land plan regulations for the areas designated on Figure 2 as Tract 1, Residential Development. 4.2 Maximum DwelliDg Units A maximum number of 204 dwelling units may be constructed in the residential tract. The maximum density shall be 3.0 units per acre within the 67 acre tract. 4.3 Uses Permitted No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses~ 3. 4. 5. 6. 7. 8. Tract 1 - Residential single family, detached attached, including zero lot line and villa units. Lakes and water management facilities Project management office and facilities Manager's residence Wetland area Buffers Street rights-of-way Drainage and utility easements or B. Accessory Uses: Accessory uses and structures, including ~rivate garages. Recreational uses and facilities such as swimming pools, children's playground areas, pedestrian and bicycle paths, golf practice areas. Such uses shall be visually and functionally compatible with the project residences which have the exclusive use of such facilities. Signs as permitted at the time a permit is requested or required. Model dwelling units shall be permitted in conjunction with the promotion of the development. Maintenance and utility buildings and facilities. Temporary Sanitary Sewage Facilities , % 4,4 4,5 ReGulations 4.4.1. General: All criteria listed below shall be understood to be in relation to the respective tract boundary lines or between buildings. 4.4.2 H~Dimum Yards: A. Setbacks from edge of road right-of-way = 20 feet. B. Setbacks from project boundary lines = 20 feet. C. Setbacks from wetland area = 15 feet D. Setbacks from lake = 15 feet from average wet season water table. E. Distance between principal structures: 15 feet for detached single family. F. Zero lot lines will be allowed provided a 7.5 foot side yard from each zero lot line structure is imposed. G. Set back from side yard = 7.5' H. Set Back from rear yard = 20' I. No building or structure will be allowed in a buffer area. 4.4.3 Minimum Floor Area: Each detached single family dwelling unit shall have a minimum of 1000 square feet for one story buildings and 1200 square feet for two story dwellings. For other than detached single family residential units, minimum floor area shall be 750 sq. ft./unit. 4.4.4 Maximum Height: Two story QfC-street Parking Requirements 4.5.1 ~e_Guirements Two (2) spaces per dwelling unit. 9 4.6 Site Development Plan Ail residential buildinq structures, with the exception of a single family detached unit or a duplex unit on a single lot or parcel, shall be subject to Preliminary and Final Site Development Plan review and approval as required by Section 10.5 of the Zoning Ordinance. 10 SECTION V TRACT 2 - MULTI-FA/4ILY The purpose of this section is to indicate the development regulations for the areas designated in Figure 2, as Tract 2. MAXIMUM DWELLING UNITS A maximum of 127 dwelling units may be constructed in the multi-family residential area. The approximate density shall be 10.6 units per acre within the 12 acre tract. The units may be located or cjustered as desired within the development tract to enable maximum open space subject to the limiting conditions as set forth in this document. 5.3 USES PERMITTED 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. ?rinciDal Uses and Structures: 5. 6. 7. 8. 9. Multiple-family dwellings. Group housing, cjuster housing or patio housing (Development plan approval required as per Section 10.5 of the Collier County Zoning Ordinance) Townhouses (Development plan approval required as per Section 10.5 of the Collier County Zoning Ordinance) Two-family dwellings Lakes and water management facilities Project management office and facility Buffers Street rights-of-way Drainage and utility easements B. Accessory Uses: Customary accessory uses and structures, including garages and covered parking. Recreational uses and facilities such as swimming pools, children's playground areas, pedestrian and bicycle paths. Such uses shall be visually and functionally compatible with the project residences which have the exclusive use of such facilities. Signs as permitted at the time a permit is requested or required. 4. Model dwelling units shall be permitted in conjunction 11 5,4 5.4.1 5.4.2. with the promotion of the development in accordance with Section 10.6 of the zoning ordinance.. Maintenance and utility buildings and facilities. Requlatio~s General: Ail criteria listed below shall be understood to be in relation to the respective tract boundary lines or between buildings. Minimum Yards: A. Minimum Lot Area: One (1) acre B. Minimum Lot Width - 150 feet C. Minimum Yard Requirements: Building setback from Davis Boulevard right-of-way = 50 feet, no parking allowed within 20 feet of Davis Boulevard Right-ofhWay. Front yard: 30 feet; parking allowed within the 30 feet. 3. Sideyard: 15 feet. 4. Rear Yard: 30 feet. 5. Distance between structures: 15 feet. A 10 foot landscaped Buffer Zone in accordance with section 8.37 of zoning ordinance, shall be provided between the multi-family (Tract 2) and the single family (Tract 1) areas. A 10 foot landscaped Buffer Zone sha'll be provided on the west property boundary line, in accordance with Section 8.37 of the zoning ordinance. A 10 foot landscaped Buffer Zone shall be provided on the east property boundary line in accordance with Section 8.37 of the Zoning Ordinance. e A 10 foot landscaped Buffer Zone shall be provided on either side of the Crown Pointe Project entrance road in accordance with Section 8.37 of the Zoning Ordinance. 12 10. No building or structure shall be allowed in a buffer area. 5.4.3 Minimum Floor Area: Each dwelling unit shall have a minimum floor area of 750 square feet. 5.4.4. Maximum Height: Each building shall not exceed 30 feet in height and a maximum of two (2) stories. 5.4.5 Siqns and Minimum Off-Street Parkinq: As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. 5.5 Site Development Plan Ail residential building structures, with the exception of a single family detached unit or a duplex unit on a single lot or parcel, shall be subject, to Preliminary and Final Site Development Plan review and approval as required by Section 10.5 of the Zoning Ordinance. 13 SECTION VI TRACT 3 - R~CREAT~ONAL/CO~.~MONS AREA 6.1 PURPOSE The purpose of this section is to set forth the regulations for the area designated on the PUD Master Plan as Tract 3. 6.2 PERMITTED USES AND STRUCTURES No structure shall be erected, altered, or used, or land or water used in whole or in part, for other that the following: A. ~ri~cipal Uses 1. Jogging tracks and walking paths. 2. Picnic areas. 3. Tennis courts, swimming pools, playgrounds, similar recreational and sporting activities and accessory clubhouses and structures. 4. Storage of equipment for maintenance of common areas. 5. Uses associated with maintenance or utility services as approved by the Zoning Director. 6. Water management areas and facilities. 7. Parking lots. 8. Temporary Sanitary Sewage Facilities ~. COMMON AREA OWNERSHIP AND MAINTENANCE Common areas will, upon completion of the project, or sooner as agreed to by all parties concerned, come under the ownership of a property owner's association or some similar organization of residents. This organization will be responsible for the maintenance of common areas under the conditions set forth in the Collier County Zoning Ordinance. 14 ,oo 035 ., 289 SECTION vii UTILITIES AND DEVELOPMENT STAI;DARDS 7.1 PURPOSE The purpose of this section is to describe the provisions for development standards and utilities at Crown Pointe. 7.2 GENERAL Ail facilities shall be constructed in strict accordance with the Final Development Plan and all applicable State and local laws, codes, and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the current official County Subdivision Regulations shall apply to this project. 7.3 PUD MASTER PLAN A. Figure 2 iljustrates the proposed development tracts. Ail necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities within the project. 7.4 GENERAL COUNTY UTILITY REQUIREMENTS Within residential portions of Crown Pointe, all utilities, including telephone, cable television and electrical systems shall be installed underground, provided, however, appurtenances to these systems which require above ground installations will be effectively screened so as not to detract from the character of the development. 7.5 UTILITy DIVISION STIPULATIONS A. Water & Sewer 1) Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities will be constructed within platted rights-of-way or within utility easements required by the County and the State of Florida. Water and sewer facilities constructed within the platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and 15 maintenance Ordinances conveyance. purposes pursuant to appropriate County and Regulations in effect at the time of Ail water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure that they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, County owned or privately owned, into service. Upon completion of the water and/or sewer facilities, and prior to the issuance of Certificate of Occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by the Ut~.lities Division, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. 2) Ail construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 3) 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 service to the project, the water and/or sewer customers shall be customers of the interim utility established to ser~'e the project until the County's off-site water and/or sewer facilities are available to serve the project. 4) It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. 16 5) An agreement shall be entered into between the County and Developer, binding the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: a) The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off-site water facilities and/or off-site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility facility(ies) may not be expanded to provide water and/or sewer service outside the development boundary approved by the County without the written consent'of the County. b) Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. c) Connection to the County's off-site water and/or sewer facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparati6n of construction documents, permitting, modification or refitting of existing sewage pumping facillties or construction of new master sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connections(s) , etc. d) At the time County off-site water and/or sewer facilities are available for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: 17 1) All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits required to make connection with the County's off-site water and/or sewer facilities; or, 2) Ail water and sewer facilities required to connect the project to the County's off-site water and/or sewer facilities when the on-site water and/or sewer facilities are constructed on private property and not required by the County to be located within utility easements, including but not limited to the following: a) Main sewage lift station and force main interconnecting with the County sewer facilities including all utility easements necessary; b) Water'.distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project, including all utility easements necessary. e) The customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County at the time when County off-site water and/or sewer facilities are available to serve the project and such connection is made. Prior to connection of the project to the County's off-site water and/or sewer facilities the Developer, his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Deyeloper shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. f) Ail construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. g) The Developer, his assigns or successors agree to pay all system development charges at the time that 18 Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. h) The County will lease to the Developer, for operation and maintenance, the water distribution and/or sewage collection and transmission systems for the sum of $10.00 per year, when such system is not connected to the off-site water and/or sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. The Lease, if required, shall remain in effect until the County can provide water and/or sewer service ~through its off-site facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. B. Data required under County Ordinance 80-112 showing the availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. C. If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. D. Construction and ownership of the water and sewer facilities, including any proposed interim water and/or sewage treatment facilities, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, Practices, etc. in effect at the time construction approval is requested. 19 E. Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The report shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. Fo Water service in the immediate area of the project is not sufficient to permit the development as proposed. The Developer must provide a means of water service from the existing water main terminus on Davis Boulevard, west along Davis Boulevard, individually or in joint participation with other property owners along a Davis Boulevard, to the project site. G. Water main stub connections to the project's east and south property lines shall be incorporated into the design of the internal water distribution system to permit interconnection with adjacent parcels of land at mutually agreed upon locations. H. Prior to approval of construction documents by the Utilities Division, the Developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project, if an interim treatment facility is required, until the County can provide these services through its water and sewer facilities. 7.6 TEMPORARy SEWAGE TREATMENT PLANT AND OXIDATION/EVAPORATION POND If, at such time, a sewage treatment plant and oxidation/evaporation pond is required, the plant site may be located as desired within the Crown Pointe project boundaries. The plant shall meet all federal, sta~e, and county governmental, regulations in effect at the time permits are required. Setbacks from any adjacent structure and property boundary lines shall be a minimum of 150 feet. Screening and buffering around the treatment plant and percolation pond will be required as per Zoning Ordinance Section 8.37. A portion of a~y tract may be used as the temporary location of a sewage treatment plant an¢. oxida- tion/evaporation pond until a municipal treatment and collection system is available to serve the project. At such time as the treatment plan is discontinued, all of so used tract shall be utilized in a manner as provided by this document. 20 7,7 TRAFFIC IMPROVEMENTS Subject to Collier County Department of Transportation approval, the Developer, his assigns or successors, shall provide the following: Subject to FDOT approval, the developer shall provide left and right turn lanes on S.R. 84 at the project entrance. Subject to FDOT approval, the developer shall provide arterial level street lighting at the project entrance. Operation and maintenance shall be the responsibility of the developer until such time as the system becomes part of any arterial street lighting system for S.R. 84. A "fair share" contribution toward the capital cost of a traffic signal at the project entrance when deemed warranted by the County Engineer. The signal will be owned, operated and.maintained by Collier County. A 10-foot bikepath easement and obligation to construct a bikepath along the S.R. 84 frontage when and if the bikepath is needed as part of the County or State bike route. Subject to FDOT approval, the developer shall provide a sidewalk/bike path within the S.R. 84 right-of-way and abutting the north boundary of the property. If existing right-of-way is not adequate for construction of said sidewalk/bike path, as determined by the County Engineer and/or FDOT, the developer, his successors or assigns shall provide such right-of-way or easement as is necessary. Sidewalk/bike path will not be required until a sidewalk/bike path network is existing and provides pedestrian/bicycle transportation to useful places within the area as determined by the County Engineer. Construction of the sidewalk/bike path will not be required by the developer if it is constructed as part of FDOT ' s improvements to Davis Boulevard (SR-84). Prior to the approval of the final phase of construction (if there is only one phase of construction then prior to approval of this one phase) if the sidewalk/bike path has not been constructed, the developer shall provide the necessary right-of-way or easement and, at his option, construct the sidewalk/bike path, or post a bond in the amount deemed necessary by the County Engineer to insure the sidewalk/bike path will be constructed, or make ~,ayment to the County for the cost of sidewalk/bike ~;ath improvements at the current cost of construction as 21 determined by the County Engineer. If the latter is chosen, the County would then be responsible for construction of part of a County-wide program. 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 minimum width of right-of-way may be less than 84 feet if approved by the County Engineer prior to construction plan and plot preparation. SURFACE WATER MANAGEMENT a) The surface water management system will be owned and maintained by a property owner's association. b) Water Management for the proposed project will utilize a system of lakes connected by drainage piping or scrubber swales discharging into the existing central lake at Loch Louise. This lake bleeds down through an existing discharge control structure into the existing County drainage canal system to the south of the Loch Louise project. c) 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. d) e) f) Construction of all water management facilities shall be subject to compliance with the appropriate provisions of the Collier .County Subdivision Regulations in effect at the time of adoption of this ordinance. No construction permits shall be issued until the modified S.F.W.M.D. Surface Water Permit for "Loch Louise P.U.D.", which shall include "Crown Pointe P.U.D.", is received by the County Engineer. Failure to receive this Permit will require submittal to WMAB and SF~4D for review of an independent Water Management Plan for "Crown Pointe P.U.D." An Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 22 83-3, and as may be amended in the future. g) There are no changes to the detailed site drainage and construction plans which have been previously approved by the County. Any changes to said drainage and construction plans shall be submitted to Project Review Section for review. No further 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. 7,9 ELECTRIC POWER SERVICE The project is within the service area of Florida Power & Light Company. 7.10 ~SERV!C~ The project is within the s'ervice area of United Telephone Service. 7.~1 EASEMENTS Easements shall be provided for all utility services as required by the subdivision regulations in effect at the time of the adoption of this ordinance. 7.12 CLE.ARING, GRADING, EARTHWORK AND SITE DRAINAGE Ail clearing, grading, earthwork and site drainage work shall be performed in accordance with all applicable State and local codes in effect at the time of adoption of this ordinance. 7.13 STREET CONSTRUCTION Ail streets will remain public with street design and construction meeting the minimum County standards that are in effect at the time of submitting construction plans. All streets will have sidewalks on one side only. 7.14 SOLID WASTE DISPOSAL Arrangements and agreements shall be made with the approved solid waste disposal service to provide for solid waste collection service to all areas of the project. 7.15 SIGNS Ail signs shall be in accordance with the appropriate Collier County Ordinances in effect at the time permits are requested. 23 7.16 IANDSCAPING FOR OFF-STREET PARKING AREAS Ail landscaping for off-street parking areas shall be in accordance with the appropriate Collier County Ordinances in effect at the time permits are requested. 7.17 ~ARKING, STORAGE OR USE OF MAJOR RECREATIONAL EQUIPMENT Major recreational equipment is hereby defined as including boats and boat trailers, horse trailers, travel trailers, pickup campers or coaches (designed to be mounted on motorized vehicles), motorized dwellings or motor homes, tent trailers, popout campers, houseboats, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be used for living, sleeping or housekeeping purposes when parked or stored within the project or in any location not approved for such use. Major recreational equipment may be parked or stored only in a completely enclosed.area and cannot be seen from the exterior of the lot or the adjacent multi-family or single family structures provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed twenty-four (24) hours during loading and unloading. 7.18 pARKING OF COM~ERCIAL..VEHICLES IN RESIDENTIAL AREAS It shall be unlawful to park a commercial vehicle within the residential zoned districts unless the vehicle is engaged in a construction service operation on the site where it is parked. The vehicle must be removed as soon as the construction or service activity has been completed. 7.19 ENVIRONMENTAL STI~ULATIONS z) 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 shall 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. 2) 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 24 299 3) 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. 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 Management Department and the Community Development Division. 4) If, during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicacor is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. D~Velopment 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 efficient manner so as to provide only a minimal interruption to any construction activities. 5) Petitioner will 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. 6) The petitioner should investigate project designs to reduce the amount of land clearing necessary for land development. 7) Petitioner should, whenever practical, save for transplant as landscape elements, any native plant specimens (e.g., sable palm, dahoon holly, wax myrtle, etc.) that are found within the areas proposed for lake or road construction, or any other areas proposed to be cleared. Likewise, epiphytes {Till~Ddsia spp., orchids, or strangler figs) should be considered for transplant onto trees in similar, habitable conditions that are safe from destruction. Natural Resources Management Department and the developer will work, during final site development planning, to insure proper treatment of the wetland preserve with respect to the lake and other aspects of the water management design. 9) Side slopes of lakes shall be at least four to one out to a depth of 3 feet from mean low water. 7.20 Impact Fees 1) The project shall be subject to the provisions of the "fair share" ordinance now under study by the County, when and if enacted. The project shall also be subject to any further impact fee ordinances now under study by the County, in connection with the Davis Boulevard frontage including roads, drainage and any other public service delivery systems, when and if enacted. 2) Transportation Impact Fees a) In accordance with Ordinance 85-55, requiring development to contribute its proportionate share of funds to accommodate the impact of proposed development on area roads; Crown Pointe or its successors or assigns, agrees to pay road impact fees in accordance with the ordinance,'.at such time as building permits are requested. Should the Board of County Commissioners determine that the above cite impact fees shall not be applied to Davis Boulevard (SR 84), and in the event that Davis Boulevard (SR 84) begins to operate a Level of Service D, and if the impact of Crown Pointe, projected to buildout, represents a significant portion (in access of 5%) of the Level of Service C design capacity of any segment of Davis Boulevard (SR 84), then the developer shall pay his fair share of the improvements needed to maintain Level of Service C for that segment, as part of a duly adopted area wide fair share funding program. Any payments made shall be deemed to be non-site related and shall be subject to a determination of credit against local impact fees required of the developer. 7.21 Additional Stipulation Reqarding Water Supply No certificate of occupancy shall be issued until the developer/owner has demonstrated an adequate water supply and fire flow exists. 26 SECTION viii EXEMPTIONS FROM SUBDIVISION REGULATIONS AND SPECIAL REQUIREMENTS 8.1 PURPOS~ The purpose of this section is to describe those requirements of the Collier County Subdivision regulations from which Crown Pointe will be exempt. 8,2 SIDEWALKS {ARTICLE IX, SECTION 16) Sidewalks shall be provided in accordance with the following standard stipulations. Sidewalks shall be constructed on one side of tbanecting road, if lots front only on one side, and constructed on both sides where lots front both sides. Sidewalks must be constructed on both sides of entrance road from Davis Boulevard to the first intersection. Sidewalks must be also be constructed on one side of any cul-de-sac longer than 600 feet. $.3 1. Utility Casinqs {Article X, Section 24) An exemption from the subdivision requirement that utility casings must be installed in four (4) directions of intersections. This exemption shall be approved only if all utilities are installed prior to construction of the roadway pavement and base. An exemption that three (3") inch or larger service water conduits must be installed to each lot. This exemption shall be approved only if all utilities are installed prior to construction of the roadway pavement and base. $.4 MoDuments CArticle XI, Section 10} An exemption from the requirements that any P.R.M.'s and P.C.P. 's occurring within street pavement areas shall be installed in a typical water valve cover. All monuments shall be installed in accordance with Florida Administration Code, Rule 21-HH-6. 8.5 Dead End Streets (Article XI, Section 17-H) An exemption to the 1000 feet maximum dead-end street length requirement is granted subject to a 1500 foot maximum. 27 8.6 Curb Radii (Article XI, Section 17-I) An exemption to the requirement that the edge of pavement radii at street intersections shall be at least (40') feet. Where the angle of street intersection is less than ninety (90) degrees, a greater radius may be required. This may be reduced to thirty (30) feet at local to local street intersections only. ~.7 Intersections, Multiple Intersections, & Street Jogs (Article XI, Section 17-J) A exemption to the requirement: curved streets shall have a minimum tangent of one hundred (100') feet at intersections. This may be waived subject to review and approval of County Engineering Department and provided that all intersections shall have a minimum sight distance of 250 feet. 8.8 CLEARING FOR STREETS Where the street traverses .an area having desirable individual specimens of flora, the extent of clearing or filling may be reduced, provided the County Engineer approves. 8.9 Lake ~cavation The lakes have been previously approved, and a Development Excavation Permit issued which does not allow off-site utilization of the fill. Said Permit needs to be amended to allow off-site utilization of the excess fill. Fill material excavated from the lakes is planned to be utilized within the project to the greatest extent possible. However, excess fill material, not to exceed 135,000 cubic yards, may be utilized off- site with the following stipulations: In addition to what has already been submitted for the development excavation permit, permit holder will submit all items necessary to complete a submission for a development type excavation permit to cover the removal of fill from the site. Pay the additional permit fee required by Ordinance 88-26. Pay appropriate road impact fees resulting from a road impact fee analysis. This project shall be constructed in accordance with the South Florida Water Management District Permit but shall minimize the excess fill to the greatest extent possible. 28 035 , 303' SECTION IX DEVELOPMENT COMMITMENTS PURPOSE The purpose of this section is to set forth the D~veloper's commitments concerning the development of Crown Pointe. 9.2 COMPLIANCE WITH MASTER SITE PLAN If the applicant, Crown Pointe, a Florida General Partnership, its successors or assigns, proceed with the proposed development, it agrees: A) To do so in accordance with: 1) The approved master plan of development and commitments required by the PUD document. 2) Regulations existing when the amendment rezoning the land to P.U.D. is"adopted and/~£ all regulations in effect at the time permits are re~]ired. 3) Such other conditions or modifications as may be attached to the rezoning of the land to P.U.D. classification. B) To provide agreements, contracts, deed restrictions or sureties acceptable to the County for completion of the undertaking in accordance with the adopted master plan, as well as for the continuing operation and maintenance of such areas, functions and facilities that are not to be provided, operated or maintained at general public expense. 4' 29 O^VlS aCvBi-Tso' n/w ' FIGURE 2 ,oo,~ 035~,~306 '~o' 13~I:'F E R II -- .I 2~' D~F Ell ~' DAVIS ~LVD. 15~' R/W FIGURE 3 revised 10-26-88 035 ~.~.307 AGREEMENT I, Pete McDonough of Team Plan, Inc., representing Forest 5eke venture, as owner or authorized Agent for Petition PDA-88-12C, agree to the following stipulations requested by the Collier County Planning Con~ission in their public hearing on May 4, 1989. There are no changes to the detailed site drainage and construction plans which have been previously approved by the County. Any changes to said site drainage and construction plans shall be submitted to Project Review Section for review. No further 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. be The stipulations in the original PUD document shall apply to this modification. Revise subsection 4.4.3., minimum floor area, to read: For other than detached single family residential units, a minimum of 750 square feet shall be required. Revise subsection 5.4.3., ~i'nimum floor area, to read: Each dwelling unit shall have a minimum floor area of 750 square feet. Revise Section IV, Tract 1 - Residential Development; and Section V, Tract 2 - Multi-family Development, to include language that all residential building or structures, with the exception of a single family detached unit or a duplex unit on a single lot or parcel, shall be subject to Preliminary and Final Site Development Plan review and approval as required by Section 10.5 of the Zoning Ordinance. f. Revise subsection 8.9, Lake Excavation, to"read: The lakes have been previously approved, and a Development Excavation Permit issued which does not allow off-site .. utilization of the fill. Said Permit needs~"{o be amended to allow off-site utilization of the excess fill. Fill material excavated from the lakes is planned to be utilized within the project to the greatest extent possible. However, excess fill material, not to exceed 135,000 cubic yards, may be utilized off site with the following stipulations: In addition to what has already been submitted for the development excavation permit, permit holder will submit all items necessary to complete a submission for a development type excavation permit to cover the removal of fill from the site. .,oo 035 e Pay the additional permit fee required by Ordinance 88-26. Pay appropriate road impact fees resulting from a road impact fee analysis· This project shall be.constructed in accordance with the South Florida Water Management District Permit but shall minimize the excess fill to the greatest extent possible. PETITIONER ORWAGENT REPR~ENTA'z'IVE FOR CCPC SWO.~N TO AND SUBSCRIBED BEFORE ME THIS ~ ~ DAY 989. NOTARY - SEAL My Commission Expires: 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. 89-31 which was adopted by the Board of County Commissioners on the 23rd day of May, 1989, during ~ular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of June, 1989. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of Coun~ommissioners By: /s/Virginia Magri ~' Deputy Clerk