Ordinance 89-044ORDINANCE 89-44
AN ORDINANCE AMENDING ORDINANCE 82-2 THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
t~ INCORPORATED AREA OF COLLIER COUNTY,
~ FLORIDA, BY AMENDING THE OFFICIAL ZONING
· ATLAS MAP NUMBER 50-26-3 BY CHANGING THE
-. "- ZONING CLASSIFICATION OF THE HEREIN DESCRIBED
~.. REAl, PROPERTY FROM "E" ESTATES TO "PUD"
LC PLANNED UNIT DEVELOPMENT KNOWN AS "FALLING
"~ ~, ~. ~ WATERS" FOR RESIDENTIAL AND COMMERCIAL USES
¢'~ !_~ ':~ FOR PROPERTY LOCATED ON THE SOUTH SIDE OF
~ ~ .-:~': DAVIS BOULEVARD (S.R. 84), AND ON THE WEST
~ ~[-.15_~ SIDE OF SANTA BARBARA BOULEVARD EXTENSION,:~.'Ck
' '~ ~ CONTAINING 88.5 ACRES, MORE OR LESS, LOCATED
IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Samuel Hubschman, Harrison Hubschman,
Hubschman, and Teryl Beyrent represented by Q. ~rady
and Associates, P.A, petitioned the Board of County
Commissioners to change the Zoning Classification of the
below described real property;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COM~4ISSIONERS OF COLLIER COUNTY, FLORIDA:
The zoning classification of the herein described real
property located in Section 8, Township 50 South, Range 26
East, Collier County, Florida, is changed from "E" Estates to
"PUD" Planned Unit Development in accordance with the PUD
document attached hereto as Exhibit "A" which is incorporated
herein and by reference made part hereof. The Official
Zoning Atlas Map Number 50-26-3, as described in Ordinance
82-2, is hereby amond0d accordingly:
SECTION TWO - EFFECTIVE DATE;
This ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this 18th
day of JULY , 1989.
' ~TTEST:
JA~F-S C. GILES, Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BOARD OF COUNTY COM~ISSIONERS
BURT-L. SAUNDERS, CHAIRMAN
F&LLINO WATERS
A
PLANNED UNIT DEVELOPMENT
PREPARED FOR:
SAMUEL h~UBSCN24AN, HARRISON HUBSCHRAN
ALBERT HUBSCHMAN AND TERYL BEYRENT
3451 EAST TAHIAHI TRAIL
NAPLES, FLORIDA 33962
PREPARED BY:
GRADY MINOR AND ASSOCIATES, P.A.
CIVIL ENOINEERS, LA~D SURVEYORS
10911 BONITA BEACH ROAD S.E.
SUITE 105, PINE HAVEN PLAZA
BONITA SPRINGS, FLORIDA 33923
DECEMBER, 1988
REVISED JANUARY, 1989
REVISED HAY, 1989
REVISED JUNE 12, 1989
REVISED JUNE 28, 1989
REVISED JULY 26, 1989
DATE APPROVED BY CCPC 6/1/89
DATE APPROVED BY BCC 7/18/89
ORDINANCE NUMBER ~9-44
STAT~ME.~T .'F :CMPL:ANCE
SECTICN '
MiCTiCN ''
S~CTICN '''
PROPERTY OWNERSHIP AND DESCRIPTION
PROJECT DEVELOPMENT
COMMUNITY CC~MERCIAL
SECTICN..
SECTICN V
MULTI-FAMILY RESIDENTIAL
DEVELOPMENT STANDARDS
SECTICN Vi - CONSERVATION AREAS
I.I
3.1
4.1
6.1
-{
E,v~.Z3iT 3
EXHiBiT C
E~HI3iT D
EXF. i 3 :T E
ELM I3 iT F
MASTER CCNCI~T PLAI!
TOPCGRAPHiC AND SOILS MAP
EXISTING LAND USE MAP
TRAFFIC IMPACT
ENVIRONMENTAL iMPACT STATF~ME:!T
AERIAL PHOTO
***** ALL EXHIBITS ON FILE IN THE CLERK TO BOARD'S OFFICE,
MINUTES AND RECORDS DEPARTMENT*****
STAT~..u.E~T ~? COMPLIANC~
Falling Waters complies with the planning
:blectives of the Growlh Management Plan.
and development
'.he proposed ~al:ing Waters Planned Unl~. Deve~.:pment is
::.-..prised of two principal uses, 40.~ acres o~ reslden:lal and
''.~ acres o~ co~ercia~. The r~siden~la~ ~and use con~iat~ o~
~ and ~ s~ory, mu~ ti~amx! y structures, s~i~in~ pool and
~ssacla~ed accessory uses. The ~o~a~ number o~ ~we~in~ unl~s is
490 71e!~ing a dens!~''.~ o~ ~.7 duelling units per acre. The
r,sldential portion o~ the project is projected to be done in
f:ur phases. The exact location o~ the phase lines have yet %o
he estabZished; however, the number o~ dwe~llng unxts per phase
bas been provided in the P.U.D. doc~ent.
The other uses are 9.3 acres of lakes, 21~ acres of mitigation
and 2 acres of preservation. The lakes and mitigation areas
f'~ction as the water management system while the preservation
areas function as aesthetic element.
The Falling Waters P.U.D. will provide two primary access points
~:r the project. One access point will he on Davis Boulevard and
~he other access point will be located on Santa Barbara
~ou!evard. By limitin~ the project to these two access points,
un,arranged curb cuts alon~ Davis and ~u~u~e San~a Barbara
Boulevard have been eliminated. A private single primar~
boulevard wi!! loop the proJec: between Davis and Santa Barbara
Boulevards while local 2fl;ate streets will provide access for
the residential phases o~ the development. Accesm to the
~we!ltn~ unica will be provided by in~ernal access 4rlve~.
The requested commercial tract abuts Davis Boulevar~ and the
main boulevard enter~n~ %he ?ailing Waters P.U.D. Access to the
::mmercia! tract will be limited to the prlva~e street within
~he P.U.D. and not via Davis Boulevard. Uses are to be
:onslstent with those uses delineated under the C-4 Zoning
~istrict, Section 7.23 Commercial General of %he Collier County
Zon:n~ Ordinance.
Any uses to b'e located upon the proposed :ommerclal ~:act shall
be required to meet all existing ordinances in effect at the
time, which shall include but not ~imited to required buffers°
parking, water management, et:. Ail necessary uti!i=les wi!~ be
provided to the proDert? llne, whereh? upon making proper
application for and receiving :f a bui~in~ permit0 se~vice may
be obtained. The commercial phase of ?a!llng Waters has not Seen
established and can not be pro~ected at this time.
Project lighting w..l~ inc!ude low i'iuminatlon. ~.or th. parMing
~nd building entry areas. The commercia~ ~act ~i~ provide
i!lumXnat$on consistent w,.h level necessar? !or pedestrian
movement and security.
?he subject site is located 2
School, 3.A miles ~rom the
.~!es ~rcm the Fire Department.
miles from East Naples Middle
Collier County Courthouse and 1.7
The proposed pro,eot is bounded on :he north hy Davis Boulevard
and partially on the east by ~he ~uture Santa Barbara Boulevard.
The intersection o~ Santa Barbara Boulevard and Davis Boulevard
has been determined by Collier County to be any actlvi~ :enter,
of which ~8.7 acres ~ of the proposed project lies within said
activity center, but only 17.1 acres ~ ar~ targeted for
commercial development. Approximately 1.6 ~ acres will be set
aside for preservation.
The existing area consists o~ mixed uses including vacant land.
with the incorporation o~ the activity center at Davis and Santa
Barbara Boulevards, projected population ~or the area woqld be
impossible to perform without the knowledge o~ what ~ensities
.~ght be allowed. However, using an average family size o~ 2.57,
an estimated project:on o~ residential phase o[ Falling Waters
would be a popu!atlon o[ 1259 based upon 490 dwelling units.
Housing unit ~a[es data wcu!d not be applicable in this instance
due to the cons:derable amount o~ undeveloped property. The
estimated cost of the proposed housing, additionally can not be
established. The exmstence o~ variables precludes the projection
o~ any estimated cost o~ individual un:ts.
33'
The proposed Fa!!in~ Wa:ers Planned Unit Developmen: is located
in an area that ~ould bear no ne~atlve impact upon or affect the
~etermination of the r~uested :han~e. Once aga:n, ~ith ac:ivity
:enter des~na~on ~oca~ed a~ ~he ~n~arsec~ion, ~he loci:al !and
use for the area is the proposal set forth in this pe~i~ion. The
property as currently :oned, ~sta~e, is no~ compatible wi~h an
activity center. The buf~rln~ provided by the Master Concept
Plan addresses the activity center concept and, ccn:urran:[7,
provides ~or %he ex~st!nG resi~3n~ia!.
The proposed project has been under discussions wi~h the South
Florida Water Management D~strict and U.S. Army Corps o~
Engineers. The consu!tan~s and representatives ¢~ the petitioner
have met ~ith the appropriate agencies in regards to the
environmental issues. Those permit app~icatlons and approvals
will process concurrent with this re:one petition.
PROPERTY OWNERSHIP AND
PURPOSE
The purpose o~ this Section is to provide a legal description of
the parcel, 3tare the ownership and provlde a descrip:ion of the
existing conditions of the parcel.
1.2 LEGAL DESCRIPTION
The parcel of !and is more particularly described as .~ol!ows:
The Southeast 1/4 of the Northeast 1/4 of Sec=ion 9, Township 50
South, Range 25 East, and West !,'l of Northeast 1/4 of Northeast
1/4, and East !/2 of Northwest 1/4 of Northeas~ 1/4, and West 1/2
of Northwest 1/4 of Northeast 1/4 o~ Southeas= 1/4 !ess 30' and
North 326.5' of East 1,'2 of Northwest 1/4 of Northeast 1/4 of
Southeast 1/4 !ess East 10' of South 62.5'
Containing 88.5 acres more or less. All within said Section 8,
Collier County, Florida.
1.3 OWNERSHIP
The subject property is owned hy Samuel Hubsc.kman, Harrison
Hubschman, Albert Hubschman and Teryl Beyrent.
k. 4 G~N~AL DESCRIPTION OF P~0P,~,, A~EA
The subject property is located on the scuth side of Davis
Boulevard approximately two and three quarter miles east ol Airport
Road. The site is bounded on the east by the future extension of
Santa Barbara Boulevard.
i 5 PHYSICAL '=~'
· DESCR .... ON.
The subject site is relatively ~!at with an elevation range o~ 8.6
feet NOVD to 9.7 feet NOVD with the averaoe grade beino elevation
9.2 ~eet NGVD. The land generally drains sou~herl'!.
1.!
A natural plant community o~ slash pine .~latwood with palmetto
occur on this~-i.e~ The major~.
..y of =he -i=e :~ ~ine ~la~wood and
Cabbage Palm with some Cypress.
There are two environmenta! areas in the northeast and north
central portion of the site which wi'' be pr~ser';ed dur'lng
development.
! 8 STATEMENT OF COMPLIANC~ W ........ GROWTH MANAGLME:IT PLAN
The Failing Waters P.U.D. is in compliance with the Collier County
Growth Manaqement Plan. Both Phase I and Phase Z: meet the
~ri~er!a and intent o~ the p~an a~ depicted on "E~h!bi~ A" and
delineated in the Falling Waters P.U.D. document.
The commercial area fialls entirely in the Activity Center and the
density range o~ the residential area is within the Growth
Management Plan allowable range.
It should be noted that the commercial ar~a (i.e. 15.5 ac=es) does
not constitute the entirety of this activity center. A portion o~
the residential component o~ this plan is also within the activity
center and therefore adds to the dimension o~ mixed uses encouraged
o~ all activity center development.
1,7 SHORT TITLE
This Ordinance sham! be known and cited as the "Fa!!ing Waters
Planned Unit Development Ordinance".
1.2
SECT:ON..~'
PURPOSE
The purpose of this Section is to describe the general plan of
developmen: o~ the project, including: land uses, ~ensi:y and
phasing.
Regulations for development of Fal!ing Waters shall he in
accordance with the contents of this document, ~UD - Planned Unit
Development District and other ~pplicab!e sections and parts o~
the "Collier County Zoning Ordinance". Unless otherwise noted,
the definitions of all terms shall be the same as the definitions
set forth in "Collier County Zoning Ordinance" In the event this
Ordinance conflicts with any :~her ordinance of Collier County or
other applicable law, this ordinance shall apply.
The project conceptual plan is shown on the accompanyin~ Exhibit
"A" titled, "Master Concept Plan". The drawin~ shows the proposed
land use tract which also includes the conceptual road network.
Site data is as follows:
Item
Gross Area
Cypress Preserves(2)
88.55
2.0
Mitigation Areas 21.25 '.
Lakes 9.3
Residential 490 D.U. 40.5
Comunercia! !~.$
Lake excavation wi!! begin upon receipt of the General Excavation
Permit (estimate late - 1989). Excavated materla~ wi~[ be used o~
site.
37
periods and number o! dwelling units in each phase are included in
Table I.
Falling Waters Phase II (Commercial) will be developed as the
residential is developed.
The sequence, number of units in each phase, and type of units in
each phase may change during the course of ~he project as dictated
bM market conditions, or as demand for certain types o! housing
becomes evident.
T~BLE I
ESTIMATED DEVELOPMENT PHASING SCHEDULE
Phase Number of Units Start
1 model center & 122 1989
2 122 1991
3 122 1993
4 124 1995
2.5 ~AXIMUM PROJECT DENSITY
A maximum of 490 residential dwelling units, single and/or ~ulit-
family, shall be constructed in the total project area. The gross
project area is 88.55 acres. The gross project density, therefore,
will be a maximum o~ 5.5 units per acre.
2.6 PROJECT PLAN APPROVAL REOUIREMENT$
Prior to the recording of a Final Plat, final plans of the required
improvements shall receive the approval of all appropriate Collier
County governmental agencies to insure compliance with the Master
Plan and the County Subdivision Regulations.
2.2
,oo 38
Exhibit "A", Master Concept Plan, constitutes the PUD Development
Plan and the Preliminary Subdivision ?let or Subdivision Master
Plan, provided that supplemental information required by
subdivision regulations, not indicated on the PUD Haster Plan,
shall be submitted to Project Review Services for administrative
review and approval prior to the submission o~ detailed
construction plans ~or buSldin~ permits.
Ce
The developer of any tract or parcel approved for multi-
family, cjuster, group housing or commercial land uses, shall
be required to submit and receive approval o~ a site
development plan in conformance with the requirements
established within Section 10.5 o~ the Zoning Ordinance, prior
to the submittal of a ~inal site plan for any portion of the
tract or parcel.
In addition to the various use areas and speci[ic items shown
on Exhibit "A", utility, private, semi-public, etc., easements
shall he established within the project as necessary for the
service, function or convenience of the owners and tenants.
Models shall be permitted in conjunction with the promotion
of the development, so long as the developer has units for
sale.
2.3
SECTION III
GENERAL COMMERCIAL
3. I PURPOSE
4 ~
The ;ur;ose of this Section is to .nd. cate the development plan
and regulations ~or the area designated on Exhibit "A" as
Commercial.
MAXIMUM SOUARE FOOTAGE
A maximum of 160,000 square ~ee~ of floor space maM be con~truc~ed.
No building or structure, or part thereof, shall he erected,
altered o~ used, or land used, in whole or part, ~or other than
the following:
A. Principal Use: All the uses in the C-4 Zoning District.
B. Accessory Uses:
Accessory uses and structures customarily a~sociated
with the uses permitted in the
C-4 District.
Signs as permitted in Section 20 of Ordinance 76-
30.
3.4 REGULATIONS
Ae
Be
MINIMUM LOT AREA
10,000 s~uare ~eet.
MINIMUM LOT WIDTH
100 feet.
3.1
Ce
MINIMUM BUILDING SETBACKS
Proposed Davis Boulevard
· Internal Sir,e: Setbacks
Rear Yard Setback - 25 feet except that any rear
yard that is ::terminous to a 'ct line adjacent
residential development shall have a minlm~m
distance between any commercial use activi%y (other
than park:hq) of 50 ~eet.
Any required yard between an adjacent residentia!
use and the commercial tract shall provide for a
greenbelt of a minimum horizcnual distance of 20
feet which shall be approprla=ely landscaped to
reduce noise levels, unsightly activities, and the
disturbance caused by activltie$ on the comalerlcaX
tract.
MINIMUM FLOOR .:,REA
1 Ground floor' Minimum ~ 000 square feet
2. Ground floor: if elevated,
feet.
Minimum 1,000 square
OFF-STREET PARKING REQUIREMENTS
As required by Collier County Regu!ations in effect at
the time permits are sought.
.MAXIMUM HEIGHT
Three stories above the first finished floor of the
building as defined by the Collier County Zoning
Ordinance.
SECTION IV
MULTI-FAMILY RESIDENT:AL
PURPOSE
The purpose of this section is to set forth the regulations for
the development of the phases within Falling Waters Multi-Family
Residential as designated on Exhibit "A".
4,2 MAXIMUM DWELLING UNITS
The maximum number of multi-family dwelling units allowed within
the PUD shall be 490. One unit may be used as an o~ice.
This o~ice is only for the purpose of sales promotion, and
generally managing the project during and after its construction
and not intended for any other general office function.
PERMITTED USES
No building or structure or part thereof shall be erected, altered
or used; or land or water used, in whole or in part, other than the
following:
A) ?rlnc%pal Use~
1)
Multiple family dwellings, villas, cjuster housing,
single ~amily and one administrative o~ice.
2) Recreational areas - swimming pool, clubhouse,
restaurant, tennis court(s), etc.
4)
Commonly owned open tracts (Jogging tract, lake, cypress
preserve). .
Water management ~acilities (owned by owner's
association).
B) ~¢ce~o~y Uses
l)
Customary accessory
private garages.
uses and structures,
including
4.1
3)
4)
Signs as permitted by the :onlng :r~inance of Collier
County.
Models shall be permitted in conjunction with the
promotion of the development, so .ong as the developer
has units for sale.
Wa'is. and fences constructed of mater~.a.s' and finished
architecturally compatible with the principal structures
to which they are accessory, sha![ be permitted subject
to the provisions of the Collier County ordinance and
th~s document.
6.4 REGULATIONS
Since the property will not be subdivided, there will be no minimum
lot width, depth or area except as established by setback
requirements'set forth below. Overall density, however, shall not
exceed 5.5 dwelling uni~ per gross acre (88.5 gross acres).
MINIMUM YARD REQUIREMENTS (FROM INTERNAL STREETS):
Front Yard: Twenty-five (25) feet
Side Yard: Fifteen (15) feet or as otherwise provided.
Distance between buildings on same parcel - thirty (30)
feet or 1/2 the sum of the heights of the adjacent
structures whichever is the greater ~or three (3) story
structures or twenty (20) feet or I/~ the sum of the
heights of adjacent structures whichever is the g~eater
of the two (2) story structures.
Rear Yard: Thirty (20) fee=.
Minimum separation between garages is ten (10) feet.
There is no minimum separation between garages and
principal structures.
4.2
MAXIMUM HEIGHT 07 STRUCTURES
The maximum height of al! dwelling structures shall be 3 habitable
stories.
D. MINIMUM FLOOR AR~A
The minimum habitable floor area of each dwelling unit shall bm
100o square feet.
E, OFF-STREET PARK'N~
O~-street parking shall be provided at 1.5 parking s;aces ;mr
4welling unit. Stack ~arking is a~owed in ~ront of garages
provided a minimum length 18 Et. paved parking space is provided.
PROJECT LIGHTING
Project lighting shall consist of appropriate street and pedestrian
oriented site illumination with a minimum of ! Zoot candle.
4.5 COMMON AREA
No structure snell be erected, altered, or used, or land or water
used, in whole or in part, for other than the following:
A) Principal Uses
1) Roadways and utilities.
2) Jogging tracts and walking paths.
3)
4)
Picnic areas.
Storage of equipment for maintenance of common areas.
5)
Uses associated with maintenance of utility services as
approved by the zoning director.
6) Water management areas and facilities (includes lakes).
4.3
?)
9)
P~eae~vation area, mitigation area.
Mandatory r~creational membership area.
Interim sewage treatment and disposal.
~0MMQN AREA OWNERSHIP AND MAINTE.~IAN¢%
Common areas including areas of mitigation, lakes, access ways and
preserves, will come under the control of a condominium association
or associations or a property owners association or some similar
form of organization of residents. The documents creating the
property owners association(s) shall provide for compulsory
membership of all persons owning unit of housing within the Falling
Waters PUD. The property owners assocation(s) will be responsible
for the maintenance of all com~non areas and an assessment adequate
to provide for the perpetual care and maintenance of said
areas shall he specifically provided for in the documents creating
the property owners association(s).
4.4
SECTION V
DEVELOPMENT STANDARDS
The purpose of this Section ia to set forth the standards for the
development of this project,
All facilities shall be constructed in accordance with the final
plat, which plat shall be approved by Project Review Services.
Ingress and egress easements shall be established on the final plat
guaranteeing access to all owners.
Utility easements of location and width required by Collier County
and other applicable utility companies shall be established.
Drainage easements and drainage access easements of location and
width required by the South Florida Water Management District and
Collier County shall be established.
Preserve-area and mitigation area easements of the location and
size required by the South Florida Water Management District,
Department of Environmental Regulation, Army Corps of Engineers and
Collier County shall be established.
5,3 PUD MASTER DEVELOPMENT PLAN
A. Exhibit "A", Master Concept
proposed development.
Plan, iljustrates the
B. The design criteria and system design iljustrated on
Exhibit "A" and stated herein shall be understood as flexible
so that the final design may best satisfy the project, the
neighborhood and the general local environment. Minor site
alterations may be permitted by the Zoning Director, per
Section 5.20 of this ordinance.
5.1
C. All necessary easements, dedications, or other
instruments shall he granted to insure the continued operation
and maintenance of a~l service utilities and al! areas in the
project.
D. The internal streets and access drives shown are to be
considered private streets and access ways and as such remain
the responsib~lit? o~ the property owners association for
perpetual care and maintenance and subject to appropriate
member ~inanc:al assessments.
~ , ~ ?.ROJECT DEV~,_.~.~:u~,;~.._.. ,
The proposed construction shall comply with the standards set forth
and the resulting complete project shall adequately serve its
occupants and members and will not cause a general public problem.
Such measure as the construction of signs, landscaping, erosion
control and other similar-in-function facilities shall be taken to
accomplish the above set ~orth objectives.
AND DRAINAGE CONSIDERATIONS
Petitioner shall be subject to Ordinance 75-21 (or the
tree/vegetation removal ordinance in existence at the
time of permitting), requiring the acquisition o~ a tree
removal permit prior to any land clearing. A site
clearing plan shall he submitted to the Natural Resources
Managemen: Department for their review and subject to
approval prior to any work on the site. This plan may
be submitted in phases to coincide with the development
schedule. The site clearin~ plan shall clearly depict
how the ~inal site layout incorporates retained native
vegetation to the maximum extent possible and how roads,
buildings, lakes, parking lots, and other ~aciliti~s have
been oriented to accommodate this goal.
Native species shall he utilized, as described below, in
the site landscaping plan. A landscape plan for all
landscaping on the development shall he submitted to the
County Landscape Architect and to a County Environmental
Specialis~ ~or their review and shall he subject to their
approval. The landscape design shall incorporate a
minimum c~ ~0% native plants, hy number,
inc!udin~ trees, shrubs, and ground cover. At least $0%
of the trees. 60% of the shrubs, and 60% of the ground
cover shall be native species.
5.2
At the direction of the County Landscape Architect or
county £nvironmenta! Specialist a higher percentage of
trees or shrubs can offset an equa! per=enrage of ground
cover. For example, the use of 70% native trees could
al!ow 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 aotivities.
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 subject to approval by the Natural Resources
Management Department 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 the Natural Resources Management
Department notified. Development will be suspended for
a sufficient length of time to enable the Natural
Resources Management Department or a designated
consultant to assess the find and determine the proper
course of action in regard to its salvageability. The
Natural Resources Management Department will respond to
any such notification in a timely and efficient manner
so as to provide only a minimal interruption to any
constructional activities.
As mandated by Policy 7.3.6. of the Conservation Element
of the Collier County Growth Management Plan, a red-
cockaded woodpecker survey shall be completed using the
methodology of the Florida Game and Freshwater Fish
Commission prior to site preparation. The survey shall
be reviewed by Collier County Environmental Staff and
Florida Game and Freshwater Commission Staff prior to
Tree Removal permitting for the site.
5.3
The Petitioner should investigate re-designing the water
management system to allow water entr? into the northern
:ypress preserve on Tract "G".
The Petitioner should investigate the possibility
transplanting some of the Drotected plant species from
areas to be cleared to areas which will be preserved on
site. These species include the twisted airplant, the
~olden polypody ~ern and the butter~[y orchid. This is
~o be coordinated with Environmental Resources Sta~.
The Petitioner shall vegetate portions of the lake
L:ttoral zones with native vegetation (in~ormation can
be supplied by the ~ounty Environmental Resources
which would serve to both stabilize lake slopes
prov:de habitat for wildlife using the take.
5.4
Easements for underground utilities such as power, telephone. TV
cable, wastewater collection and transport, wacer distribution
lines and other similar utilities necessary for the service of the
project shall be located as required and granted for those
purposes. Clearing of the easements for installation of
underground utilities shall be selective so as to protect the
maximttm number of trees and natural vegetation.
5.7 WAT-~R AHD SEWER
A. Water and
Water distribution and sewage collection and transmission
facilities to serve the project on-site are to ~e
designed, constructed, conveyed, owned and maintained in
accordance with Collier County Ordinance No. 88-76 and
other applicable County rules and regulations.
All construction plans and technical specifications and
proposed plats, if applicable, for the proposed water
distribution and sewage collection and transmission
facilities must be reviewed and approved by the County
-prior to commencement of construction.
The County shall approve or deny any request for approval
of construction documents within sixty (60) days of
submission of a complete application by the Developer.
If denied, the County will set forth its reasons in
writing at that time.
3)
All customers connecting to the water distribution and
sewage collection facilities will be customers of the
County and will be billed by the County in accordance
with the County's established rates. Should the County
not be in a position to provide sewer service to the
project, the sewer customers shall be customers of the
County pursuant to the terms and conditions of P&ragra~h
4 below.
5.5
,oo, 50
5)
It is anticipated that the County Utilities Division will
ultimately receive and treat the sewage generated by this
project. Should the County system not be in a position
to receive the project's wastewater at the time
development commences, the Developer, at his expense,
will install interim on-site sewage treatment and
disposal ~aoilities adequate ~o meet all requirements o~
the appropriate regulatory agencies and of a capacity to
provide service to the entire project through phased
expansion as required.
The Developer, his assigns or successors shall pay all
costs related to construction of the interim sewage
treatment plant and any phased expansions to it, The
interim plant and the land that it is located on sha~
be deeded to the Collier County Water-Sewer District for
operation and maintenance purposes until the o~f-site
sewer facilities of the District are available %o serve
the project. Upon connection to the District's sewer
facilities, the interim plant and land shall revert by
Deed to the Developer, except for a thirty feet by thirty
feet (30' x 30') parcel (together with necessary
easements) to operate and maintain a pump station to
continue service. Upon reconveyance, Utility shall at
its expense remove the temporary facilities, install
reasonably necessary pump stations and otherwise restore
the real property. As part o~ the initial conveyance
process, the Developer shall provide all data necessary
to cancel all ad valorem and tangible personal property
taxes on the land and s.wag, treetment plant which is
being conveyed to the County. This data must be
submitted prior to conveyance of the utility ~acilities
to serve the project, so that a Resolution to cance~ the
taxes can be prepared and approved at the time conveyance
occurs.
An agreement shall be entered into between the County
and the Developer, binding on the Developer, his assigns
or successors, legally acceptable to the County, prior
to the approval of construction, documents ~or the
proposed project, stating that:
5.6
a)
The proposed on-site wastewater treatment and
disposal ~acilities0 i~ required, are to be
constructed as part of the proposed project and must
be regarded as interim; they shall he constructed
to State and Federal standards and are to be owned,
operated and maintained by the County, until such
time as the County's off-site sewer ~aci!itles are
available to service the project. The interim
treatment facilities shall supply services only to
those lands owned by the Developer and approved by
the County for development. The utility
facility(les) may not be expanded to provide sewer
service outside the development boundary approved
by the County without the writtmn cons.hr o~ the
County.
b)
Upon connection to the County's off-sits sewer
facilities, the Developer, his assigns or successors
shall abandon, dismantle and remove ~rom the site
the interim sewage treatment facility. All work
related with this activity shall be performed at no
cost to the County.
c)
Connection to the County's off-site sewer ~acilities
will be made by the Developer, his assigns or
successors at no cost to the County within 90 days
a~ter such facilities become available. The cost
of connection shall include, but not be limited to,
all engineering design and preparation of
construction docLunents, permitting, modification or
refitting of existing sewage pumping facilities or
construction of new master sewage pumping
~acilities, interconnection with County off-site
facilities, and sewer lines necessary to make the
connection(s). The point of connection shall be
at the northwest corner of the property along Davis
Boulevard. with th~ County assuming all costs ~or
extension of its o~-site sewer facilities to the
point of connection. The Developer, his assigns,
or successors shall be responsible for providing all
design data to the County regarding the project's
wastewater flows to permit the County to properly
size the extension to the point of connection.
B)
d)
available for the project to connect with, the
following sewer facilities shall be conveyed to the
County pursuant to appropriate County Ordinances and
Regulations in effect at the time:
All sewage transmission facilities constructed in
publicly owned rights-of-way or within utility
easements to be provided to the County within the
project limits required to make connection with the
County's off-site sewer facilities at the point of
connection described in Paragrnph 5o above.
e)
All construction plans and technical specifications
related to connections to the County's off-site
sewer facilities will be submitted to the County for
review and approval prior to commencement of
construction.
The Developer, his assigns or successors agree to
pay all system development charges at the time that
building permits are required, pursuant to
appropriate County Ordinances and Regulations in
effect at the time of permit request. This
requirement shall be made known to all prospective
buyers of properties for which building permits will
be required prior to the start of building
construction.
Data required under County Ordinance No. 80-112 showing
the availability of sewage service, must be submitte4
and approved by the County prior to approval o~ the
construction documents for the project. Submit a copy
of the approved DER permits for the sewage collection
and transmission systems and wastewater treatment
facility to be uti~i:ed, upon receipt thereof. ..
-4
5.8
P)
Stubs for future system interconnection with
adjacent properties or rights-of-way shall be
provided to the east, south and the west property
lines of the project, at locations to be mutually
agreed to by the County and the Developer during
the design phase o~ the project.
The utility construction documents for the project's
sewerage system ~hall be prepared to contain the design
and construction of the on-alta force main which will
ultimately connect the project to the futura central
sewerage facilities of the District at the Davis
Boulevard southern rights-of-way line. The force main
must be extended from the main on-site pump station to
the south rights-of-way line of Davis Boulevard and
capped. It must be interconnected to the pump station
with appropriately ~ocated valves to permit for simple
redirection of the project's sewage when connection to
.the County's central sewer facilities becomes available.
~. 8 .$O.~ID ,:~c~....,. ~ DT. SPOSA~
Arrangements and agreements shall be made with the Yahl Brothers
Disposal Service to provide for solid waste collection service to
the Falling Waters project area.
5,9 OTHER UTILITIES
Telephone, power, and TV cable service shall be made available.
All such utility lines shall be installed underground.
5.10 A~CHITECTURAL REV I E",;S
All Buildings constructed within Falling Waters must ccm ly with
the architectural review standards which shall be specified by the
recorded covenants and deed restrictions that go with the
properties.
5.9
~ v ,~TRUC.UR,$
Accessory structures may be constructed simultaneously with or
following the construction of the principal structure and shall
conform with the setbacks and building separations as delineated
by this Ordinance.
5.12 SIGNS
All signs shall be in accordance with the appropriate Collier
County Ordinance.
All landscaping for off-street parking areas shall be in accordance
with the appropriate Collier County Ordinances.
5,14 WATER M~NAG.EMENT
Detailed paving, grading and site drainage plans shall be
submitted to Project Review Services for review. No
construction permits shall he issued until approval of the
proposed construction in accordance with the submitted plans
is granted hy Project Review Services.
Construction of all water management facilities shall be
subject to compliance with the appropriate provisions of the
Collier County Subdivision Regulations.
An Excavation Permit will be required for the proposed lake(s)
in accordance with Collier County Ordinance 88-26 and SFWMD
rules.
A copy of SFWMD Permit or Early Work Permit is required prior
to construction plan approval.
If Santa Barbara Blvd. Extension is not campleted prior to
the commencement of on-site development by this project,
Petitioner shall clear sufficient right-of-way and construct
an outfall to accommodate the discharge.
5.10
,ou 036,, 55
~.~ TRAFFIC
The access on Davis Boulevard shall be in a!iqnment with
existing access to Countryside on the nortk ~ide of Davis
Boulevard. The developer shall provide -ke design and
construction of left and r~ght turn lanes on Davis Boulevard
or reimburse Collier County should such improvements be
included in scheduled ~our-lane improvements by the County.
The developer shall provide and maintain arterial level street
lighting at all project accesses on Davxs 3oulevard and the
future Santa Barbara Boulevard.
The developer shall provide a ~air-share contr~bution toward
the capital cost of traffic signals at any project access when
deemed warranted by the County. Traffic signals shal~ be
owned, operated and maintained by Collier County.
Access to the commercial tract shall be internal. There shall
be no direct access to Davis Boulevard.
The petitioner shall provide up to 25 feet o~ right-of-way
along the south side of Davis Boulevard for roadway drainage,
utility placement and sidewalk/bikepath purposes, the exact
amount to be determined when permits are applied ~or.
The petitioner shall provide right-of-way for the future
extension of Santa Barbara Boulevard ~r~m Davis Boulevard to
the southern boundary of the development. The donation of
such right-of-way shall be 100 feet in width, measured west
of the section line, and be limited to those properties for
which the owners of Falling Waters PUD have interest. Upon
dedication of such right-of-way, the County shall be
responsible ~or the construction of the roadway withfn the
right-of-way and be responsible for construction of a median
opening to include applicable median turn lanes at the access
on Santa Barbara Boulevard. Such construction shall be in
accordance with established County Road Plans.
All traffic control devices used, excluding street name signs,
shall conform with the Manual on Uni'orm. '-a~=ic.- .~ contvol
Devices (Chapter 316.0747, Florida Statutes).
5.11
These improvements are considered "sit,s related" as defined
in Ordinance 85-55 and shall not be applied as credits toward
any impact fees required by that ordinance.
$,16 ENGINEERING CONSIDERATIONS:
a)
Detailed paving, grading and site drainage plans shall
be submitted to Project Review Services for review. No
construction permits shall be issued unless and until
&pprova! o~ the proposed constructlon in acoordmnoe with
the submitted plans is granted by Project Review
Services.
b)
All improvements shall be designed and constructed using
the standards and requirements of the Collier County
Subdivision Regulations, Ordinance 76-6 as amended except
for road rights-of-way widths.
c)
A copy of SF~4MD Permit or Early Work Permit is required
prior to ccnstruction plan approval.
d)
The project shall be platted to define the right-of-way,
tracts, and mitigation areas (mitigation areas to be
platted only if required by State agencies) as shown on
the Master Concept Plan.
e)
Work within Collier County right-of-way shall meet the
requirements of Collier County right-of-way Ordinance
82-91.
f)
Access into each tract as shown on the Master Concept
Plan is informational only. Location and number is
subject to subdivision master plan or SDP approval.
g)
The alignment of the internal intersections shall be in
accordance with subdivision regulations. Internal
streets shall be designed as local roads in accordance
with FDOT green book and subdivision regulations.
5.12
5.17 POLLING PLACES
Polling places shall be permitted as provided for in Section 9.11
of the Zoning Ordinance 82-2.
5,18 ISSUANCE OF FINAL CERTIFICATE OF QCCJp~Nc~
All commitments in the PUD Document shall be met by the Developer.
The lands encompassed by the PUD shall be platted. Platting shall
be in conformance with applicable Collier County Subdivision
Regulations at the time of platting and include and define at a
minimum the right-of-way, tracts, and mitigation areas (mitigation
areas to be platted only if required by State agencies) as shown
on the Master Concept Plan.
5.20 MINOR CHANGES
Any change to the Master Concept Plan may be reviewed and approved
by Project Review Services excluding Master Concept boundary
changes, district boundary changes or any other change deemed by
Project Review Services as a change in the intent of the Falling
Waters PUD Ordinance.
SECTION VI
CONSERVATION AREAS
A substantial amount of acreage in Falling Waters is to be
prmserved as open space most of which is part of a water
management/mitigation plan. The perpetual maintenance o~ this land
is an important consideration.
Mitigation areas are hereby defined as areas o~ native vegetation
in which exotics are removed and ground elevations are to remain
at existing elevation and permitted activities being limited to
~ootpaths, hiking trails, picnic areas. The Environmental
Resources Staf~ shall review the ~!agging of these boundaries prior
to tree removal permitting.
Should a state or federal agency with wetland jurisdiction require
that the ground elevation o~ some or all of the mitigation area be
lowered, then this shall he permitted by this PUD.
The areas ~or preservation and mitigation will be part o! the
Condominium Plat,
6,3 MAINTENANC~
Perpetual care ot these areas is mandatory. Financial assessments
will be made against all property owner~ in amounts su~i¢ient to
maintain all common areas,
6.1
59