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Ordinance 89-082 ORDItiANCE 89-_~ AN ORDINANCE A~ENDItlG ORDINANCE NO. 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 49-26-8 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PUD (CALI INDUSTRIES} AND C-4, .., COMMERCIAL GENERAL TO "PUD" PLANNED UNIT ,.~g DEVELOPMENT KNOWN AS "I-75/ALLIGATOR ALLEY .i~_ PUD" FOR PROPERTY LOCATED IN THE NORTHWEST "~ g. QUADRANT OF THE INTERSECTION OF DAVIS 7~ BOULEVARD [SR 84) AND CR-951 CONTAINING FORTY ~.~= ACRES, MORE OR LESS, LOCATED IN SECTION 34, ~ TOWNSHIP 49 SOUTH, RANGE 26 EA~;T, COLLIER ' ~,~.COUNTY, FLORIDA~ AND BY PROVIDING AH EFFECTIVE WHEREAS, Robert Duane of Hole, Montes and Associates, Inc., representing 1-75 and Alligator Alley Development Corporation, Inc., petitioned the Board of County Co~missioners to change the zoning classification of the herein described real property~ NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: The Zoning Classification of the herein described real property located in Section 34, Township 49 South, Range 26 East, Collier County, Florida is changed from "PUD" and #C-4# to "PUD~ Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated ~erein and by reference made part hereof. The Official Zoning Atlae Map Number 49-26-8, as described in Ordinance No. 82-2, is hereby amended accordingly. Thie Ordinance shall become effective upon receipt of notice ir.om.:, the Secretary of State that this o'; Wi~ the;B0cretary of State. :~.DATE. Nov~er l$, 1989 ". ATTEST :' .-. .~ =AMES C... GILES, Clerk · /,,.~./' .':..... / Ordinance has been filed BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT r.. SAUNDERS~ Chairman' Approved as to form and legal sufficiency: 40.9 .~I~lCS :T.,0C.A=~ IN ~ECTION 34, TOWNSHIP 49 BOUT~, ~X~t'GE 26 EAST COLlieR C(5'UNTT,, FLORIDA ~ TZE~ ]gh ~4.$9 PREPARED BT~ HOLE, MONTES & ASSOCIATES, INC. 715 10TH STREET SOUTH NAPT~ES, FLORIDA 33940 TABLE OF CONTENTS SECTI~ONI. OF COMPLIANCE AND SHORT TITLE ............ 1 S~TION II PROPElqXY 0WHERSItl"P AND LEGAL DESCRIPTION ........... 2-3 SECTION III STATEHENT OF L~ENT, P~OJECT DESCItI~TION AND D~TIED CONTROL .................................... 4-6 GENERAL DEVELOPHENT REGULATIONS .................... ?-12 ..... -- - -. -- STANDARDS ............................ 13-14 ~ ~ REQUI:REI'~NTS ...................... 22-23 LIST OF ~&HI~ITS SECTION I ST/tTEMENT OF COHPLIA~CE AND SHORT TITLE "The purpose of tJ~ts section is to set forth ~he intent of the 1-75 ami Alligator Alley Development Corporation, Inc. on 40.8 acres of ~ located in a par~ o~ Section 34, Township 49 Sou~h, Range 26 East, Collier Count, Florida. The ~-~ of t/Lts project shall be the 'I-75/A11igator Alley PUD'. The development of the PUD will be .in compliance with t/xe Planning Goals and Objectives of Collier Count~ as set forth in ~he Growth Management Plan for the following r~asons s The subject proper~ is located in an area identified as an Activity Center in the Growth HanagemenU Plan for Collier m m Ac=ivl~ Centers are the preferred locations for =he concen=rat£on of commercial and mixed use development activities which ~his project complements. The subject ~ract is strategically located at the intersection of Davis Blvd. (State Road 84), Coun~ Road 951, and 1-75, wh/ch affords the site superior access for the placement of commercial and mixed use land act£vities. m The project shall be in compliance with all applicable Count~ regulations including =he Growth Hanagemen= Plan. The proJec~ will be served by a complete range of services and utilities as approved by =he County. The project is compatible with adjacent land uses through the internal arrangement of structures, =he placement of land use buffers, and =he proposed developmenu standards contained m The Planned Unit Development includes extensive open spaces which are preserved from future development in order to enhance their natural functions and to serv~ as a prelect Bm On ~m site, the project co.bines l~nd uses, including retail and office umes, with extensive open spaces and buffer zones to satisfy the guidelines addressed in =he Growth Management Plan pertaining to land uses in Planned Unit Developments within activity centers. SECTION Ii PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 2. Z The subject p~opecty is descHl~ed as follows: LEGAL DE-~CRIPTION "I-7$1ALLICATOR ALLE"Y PUD" Comme~ce at the ~outheasl: corner of ~'tlon 3~., Township q,9 ~outh, Rac~ge 21 East, G31ller County, RoHda; thence mn North 0Qo32'14" West ·long the East line of the ~outheest quarter of the said ~ection 3~ for a distance of SO.0O feet: thence run No~J~ 89a~6'14" West, parallel with the South line of the ~outheast quarter of the said Section 3~ and ·long the Northerly rlght-of-~vay Ilna of State Road S-8~ (previously known as Slate Road for · distance of ~$$.35 feet to the POINT OF BEGINNING of the parcel of land herein described: thence continue NOrth ~9~6'/''~'' West ' along the Northerly right-of-way line of State Road S-Bq, for a distance of 863.63 feet; thence run North 00026tT6· West for · distance of 2,071.g7 feet to a point of Intersection with the Southerly right-of-way line of S::ate Road No. 93 (Interstate 75] as the same is shown on State of Florida Department of Transportation Right-of-Way Map foe Florida State Road No. 93 [Interstate 75) · ectJon 0317~-2q09, Sheet 6= thence run South 63°27'12" East along said Right-of-Way line for a distance of 146.85 feet; thence run South 52020t28" East a~ong said right-of-way line for a distance of $38.$3 feet: thence run South q$o13'56" East along said right-of-way line for a distance of feet; thenc~ run South 23o17'10" East along said right-of-~Va~ .line for a distance of 332.11 feet= thence run South 0201;6'2S" East along said right-of-way line for · distance of $30.S0 feet= thence run South 11015~19· East [South 11012~3· East per D.O.T. Map) along said right-of-way line for · distance of 69.56 feet. to · point located 275.00 feet North of, as measured. at right angles to, the South line of the Southeast quarter of the said Section .. 3ao and · point on the North Ilne of that parcel of land described in O.R. Book 699 at Page 1723 of the Public Records of Collier County, Florida= thence run North 89ea6~la" West, parallel with the South llne of the Southeast quarter of the ~aid Section 3a foi- a distance of 157.32 feet to a point located 300.00 feet We~teCly of, as measured at right angles to, the East line of the southeast quarter of the said Section 3a, and · point on ~e Easterly line of that parcel of land described in O.R. Rook 588 at Page 1805 of. the Public Records of Collier County, FTorida: thence run North 00032~14" West, parallel with the East fine of the Southeast quarter of the said Se~,~lon 3~ for a dlstance of a0,02 feet to a point located 315.00 feet North of, as measured at Hght angles to, the South line of the Southeast quarter of the said Section 3a; thence run North 8go~6'la" West parallel with the South line of the Sm~helst C~lrter of the said Sac*Jan 3~ fi=r · distance of I33.31 feet to · point on = c~rcular curve conc3ve to the Scmtheast whose radlus paint bears 22;.e~ Mt: through · cenCrll a~gle o~ 37°35'33~ subCanded by & chord o~ 1q~.~3 fa~C aC a beart~g of South ~8o~0~" We~Co for ~ distance of 1G7.~7 ~eac to the end =~. said curve: ~ance run SOuth 00a32,1;· Ease ~o~ a distance of 102.$3. feet Co the. beginning of a tanganCla! c~rcu[ar curve' conc3ve to the NortheaSt.: tt~qce run Southeastarfy along t~e ar~ ate said curve to the left 'having ·. radius of 25.00. feet th.rough a central angle of Igel~t00~. ~ubtended I:r/'~ chord, of 35.12 feet at a bearing of South ~o09tt;* East toe a distance of 31.1; feat to the end of saicl curve and the POINT' OF B£GINNING. Containing ~0.SS Krey, more or le~s. Subject to ease·ants, reservations or restrictions of record. Bea~ings shown hereon refer to those' as shown on the State of Florida of ..Transportation Right-of-Way Map of State Road No. 93 Interstate $ & ,00, 97 Xt is ~he developer's intent to establish a m/xed-use Planned Un/t Development. Tt iS =he purpose of this document to set fo=~.h flexible quidelines for =he future development of ~he project ~hat meet accepted planning principles and practices and to implement the Grow~h Hanagement Plan. 3.2 ~ APPrOVaL The location of land uses are shown on =he .PUD Conceptual Haster Plan. Changes and variations in building location and ~he mix of land uses shall be pe:~it~:ed via Site Development Plan approval in accordance with Section 10.5 of the Zoning Ordinance. Changes and variations in building ~racts ma]~ be pex~ltted during Site Development Plan approval if, at =he d/scretion of the County Manager, or his designee, such changes and variations are in confox~ance with =he substantive and procedural requirements of =he Subdivision Regulations. Two phases are proposed for development in the PUD. Phase comprises 6 acres and is =he location for =he proposed interim sewage f~-ea~ment plant which will be consf--x~ed prior ~o slta development unless a sewer line is ex~ended to propert~ prior to ~his time. The balance of =he land proposed for PUD is anticipated to be developed between 1990 and ~ar 2000. CLEARING AND DRAINAGE Clearing, grading, ear~mmrk, and site drainage work shall be perfozmed in accordance with appl£cable Collier County Codes and Ordinances and the standards and c~al~ments of ~Lts 3.4 ~ FOR UTILITIES ' Easements, where required, shall be provided for water management areas, utilities and other purposes as may be All necessary easements, dedications or other instruments shall be. granted to insure =he continued operation and ~aintenance of all services and utilities. This shall be in · ubs~an=ial compliance with applicable regulations in effect at the time approvals are requested. -. 037-',: 98 A fourteen acre Conservation Area (man-made wetlands area) has been provided for in the PUD to be maintained as enhanced w~tlands an~ to provide for water management after pre- treatment. The goals for th/s area are to enhance these wetlands to a ver~ high qualit~ diverse system, to provide for additional open space, and to be maintained as a project ame~LTy. The boundary of the Conservation Area maT be expanded based on the recommendation of the Department of Environmental Regulation and the Arm~ Corps of Engineers. Resulting development yields within the Conservation Area may be transferred to developable portions of the site in accordance with existing development standards in effect at the time approvals are requested. The Conservation Area and maintenance easement will be dedicated for conservation and declared c~on areas in the deed restrictions. Restrictions for use in the Conservation Area shall stipulate: The Conservation Area is here~ declared c~on area, and shall be the perpetual res.Donsibility of the association and maT in no way be altered from its natural state. Activities rohibited with/n the Conservation Area include, but are not l~'Lted to the followingl construction or placing of buildings on or above the qround~ dumping or placing soil or other substances such as trash~ removal or destruction o~ trees, shrubs, or other vegetation with the exception of exotic plants as defined in the CountT Code~ excavation, dredging, or removal of soil material~ diking or fencing~ and ant other activl=£es detrimental to drainage, flood control, water conservation, erosion control, or fish and w£1dlife habitat conservation or preservation. Uses pe=mitted in the Conserve=ion Area include boardwalks, picnic areas and other uses compatible with the Conservation Area. 3.'~ '~a~amen~ o~ ~ni~led Con~ro~ 3:~ LI r. he ln~en~ o£ Che deve~o~e~ Z-75 and X~£ga~o= ~ocac~ ~ Co~Xe= C~, Flo=~ which ~. ~ered ~ Dav~s ~~, ~-951 ~d 1-75. T~s s~aC~n~ Xs a ~p~sentat~on ~ ~ 1-75 ~d ~l~gator ~1~ D~elo~en= ~rat~on, Inc. ~= ~ ~]e~ 1~ ~e ~er ~f~ed ~e~p for ~ ~se of obta{-~ng P~ s~J~ p~pe~y. De. lo.eh= of t~s Plied ~lo~n= will occ~ ~ accordance with PI~ U~= D~elo~en= Re~lations ~d ~y ~f appr~ed wl~ the ~zone Petition as setfo~h SECTION IV GENERAL DEVELOPHENT REGULATIONS The ~mr~o. se of =his sec=£on £s =o delineate =he development r~gula=ions =ha= accompany ~he Conceptual Has=er Plan depicted ~n Zxh~bl= A. Where development standards are not specifically provided for ~n ~Lts document the ap~l£cable standards of ~he Coll£sr Com~t~ Zoning 0rd/hence shall apply. USESPE~KI~D NO bu//~-g or structure, or par~ ~hereof, shall be erected, ~lter~d or used, or land used, in whole or par~, for o~her ~ ~he following~ A. Princfoal Resfden=ial Uses Group Housing Dwallings Prfncipal Commercial Uses Antique shops; appl£ance s~ores; ar~ stud/os; supply shops; automobile par~s stores. Bakery shops; ba£t and =ackle shops; banks and f£nanc£al £ns=£=u=ions; barber and beauty shops; bath supply stores~ bicycle sales and' servicee~ blueprint shops; bookbinders; book stores; business machine services. e Carpet and floor covering sales - wkichmayinclude. storage and ins=alla=ion~ churches and o~her places of worship; convenience mtores~ clothing wtores~ cock~a£1 lounges (in accordance wl~h the w:andards of Section 8.11 of =he Zoning Ordinance); commercial recreation uses - indoor; commercial schools; confectionery and candy s=ores. Del£catemsenm! department stores! drug mto=em~ dr~ cleaning shops; dry good stores; and.draperyshops. Electrical supply stores~ equil=men= rentals includ£ng lawn mowers and ~er saws, wb/ch may include ~heir repair and sale. ® 10. 11. Fish market - recall only~ florist, shops ~ fraternal and social cl~s {~ acco~d~ce with the st~d~da o~ Section 8.11 o~ h~es ~ f~lc~e sco~es. Garden supply stores - outside display in side and rear yards; gift shops~ glass and mlrro= sales - including storage and installation; gou=~et shops. aged~ hospl2als and hospices. Ice cream stores. Jew~lr~storeso Laundries - self service only~ leather goods~ legit/:nate ~hea=res~ liquor stores; locksmiths. 12. KarkaCs - food; markets - meat; medical offices and clinics; motels and hotels;motion ptc=ure=hea~res; museums;music stores;minor automobile repair work. 13. New car dealerships - outside d£spla~ ~ez:~l. tted; news stores; night clubs (in accordance wig the standards of Section 8.11 of the Zoning Ordinance). 14. Office - general~ off£ce supply stores. 15. Pain= and wallpaper stores~ pet shops~ pet suppl~ shops; photographic equipment stores~ pottery stores~ printing; publishlngandm~meograph services shops; private clubs (in acccrdance wl~h ~he standards of Section 8.11 of =he Zoning Ordinance); professional offices. . 16. 17. 18. Radio and television sales and services; research and designlabs~ res=homes; restaurants -Including drive-in or fast food restaurants (in accordance with the standards of Sec=ion 8.11 of ~he Zon/ng Ordinance). Sewage treatment fac£11~y~ shoe repatr~ shoe stores~ shopping centers~ souvenir stores~ s~a=lonery stores; supermarkets. Tailor shops; taxide=m/s=s~ tile sales - ceramic =ils; tobacco shops~ toy shop~; ~ropical fish stores. 19. Upholstery shops· 8 20. Va~leL-y scozes~ vehicle rental - auc.omoblles oal~ vecerinaxian offices and clinics no outside ~ormels. 21. Watch and precision instrument repair shops. Warehousing and wholesaling uses and-comparable :23. Any other commercial use or prcfessional service wh/ch Is comparable in nature with the foregoing uses and which the CounTy Manager, ethos designee, determ/nes to be ¢ompatVhle with the foregoing uses. Princioal Conse=vaC£onArea CMan-Made Wetlands Area~ Uses 1. Uses de=ermined Co be consistent ~ich the intent of the Conservation Area (~n-made~3clands area) such as boardwalks, nature trails and picnic areas. Accessory uses and structures customar~ in commercial, andresidentialareas, andforCransient lodging facilities ~A~ludingz a) Up to four (4) model dwellinqun/cs served by sewer andwater facilities in conjunction with the promotion and sale of dwellings £orup to a two ~earperiod following completion of the un/ts, unless otherwise specifically approved b~Che County. b) Recreations/ facilities such as a clubhouse, swimming~ool, and tenn/s facilities. c) A storage area exclusively for guests or residents of the residential development, provided the area is screened in accordance with Section 8.37 of the Collier County Zon/ng 0rd£nance. d) Polling places in accordance w~Ch Section of the Zoning Ordinance. Accesso~r uses and commercial areas. structures customary in · . ~ max. JJ.m ~-~lopmenc l~censi~ pe~t~ ~ ~ 1. Up Co ~nCy-a~ (26) ~li~g ~s per acre ~ be ~a~ad fo= ~cel uses ~ ~s p~. 2. ~l-~ly ~ll~g ~s ~ be de~lo~ up ~o · ~n (16) ~ll~g ~s pe~ ac~e. 3. ~on-rastdenCtal s~e footage ~ be ~veloped up ~o ~he ~=s es=~lished ~ =he heigh= se~ack, ~d o~er 4.5 ~ D~P~ ~TIONS ~ p=el ~~les ~ess s~iflcall~ s~=ed ~ise. Mlnhmum Setbacks and Buildin= 1. PUD ProJec= Boundaries - No pr~lpal s~c=~e ~ closer ~- fif~ (50) f~= ~o ~ 2. F~n~ ~ se~ack - ~n~-fl~ (25) fee~ ~ge of rich= of ~. Sl~ y~d se~ack - ~n~hfive (25) fee= 4, 5, ~d 6, ~d fif=een (15) fee= f~ 1oCs 1, 2 ~d 3, or ~y potion ~ereof. 4. A ze~ (0) se~ack is pe~==ed f~ =he ~ge of 5. No ~ pr~clpal i~c~es ~y ~ closer ~oge~r ~ ~ (20) fee= or one-~f ~ aw ~~g ~lgh=s, w~ch~r is 6. A ~n~ (20) fee= se~ack s~ll be pr~id~ ~ng ~e ~s=e~ ~d~ of ~e prope~ ~ w~ch no paved ~adways or p~g ~ be loca=ed on ~e P~ ~s=er PI~; h~ver, =he .eas~n= for ~e Conse~a=ion ~ea (~-~de ~=1~ ~ea) may be loca=ed as close as =mn (10) fee= fr~ =he wes=erly prope~y l~e. 10 Area Kotel Un.f. tsz Three hundzed (300) squaze fee~: and no~. to exceed ~£ve hundred ($0O) scrape feet. o All o-.he= commercial uses~ One thousand (1,000) square feet. One-bedroom multl-£am~ly units, Six hundred (600) s~uar~ fee~. o Two or mor~-bedroom mul~l-£amil~ or group housing units; Seven hundred f£f~y (750) square fee=. Off-street Parkin= Recvirements As required by ~he Coll£er County Zoning 0rd/hence in effect a= =he =line permits are requeflted. 1. Thirty (30) fee= for residential development. 2. Fifty (50) feet for non-residential development. MinimumLot Size One (1) acre for multi-family and ten ~'~ouso. n~ (10,000) e~uare feet for non-residential uses. MlnimumLot Width One hundredand f£ft~, (150) feet for restdent£al and one hundred (100) feet for non-res£dentlal. ~andscane Buffer Reauirements A ten (10) foot landscape buffer and ten (10) foot . maintenance easement area shall be provided along ~he w~st proper~y line up to =he edge of the Conservation Area (man-made wetlands area) as shown on ~he P.U.D. Master Plan in accordance w£th =he s~ndards of Sect£on 8.37 of the Zoning Ordinance. A ten (10) feet landscape buffer shall be placed along =he wefltern edge of ConsezvationArea within~his 20 foot,cea in accordance with Secc£on 8.37 of the Zoning Ordinance. 11 Sewacre Trea~nent Plan= Reaulations f£f~ (50) fees se=back shall be provided bet'ween sewage ~--~ea~men~ plank s~-~-uc~ure and ~he sewage The perimeter of ~he sewage ~rea~nen= plan= s=ruc=ure sba/1 be landscaped in accordance wig Sec~Lon 8.37 of ~he Collier County Zon/ng Ordinance. Outside Storace and Dlsola~ Tho outside sCorag~ and d/splay of prob~b£Ced for all non-res£den=lal sp~c£f~ally provided for herein. me~chaflc~Lse is uses unless 12 ..% SECTION ENVIRON~Tm~ STANDARDS The purpose of th~s Section is to se= forth the stipulations es~ablished by =he Environmental Advisory Council. Petitioner shall be subject to Ord/~nce 75-21 (or =he tree/vegetation removal ord/nance 'in existence at the time of perm/tting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Environmental Resources KanagemenC 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 clearing plan shall clearly depict how =he final site layout incorporates retained native vegetation co the m~imum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. Native species shall be utilized, as d(~scribed below, in the site landscaping plan. A landscape plan for all landscaping on the development shall b~ submitted to the County Landscape Architect and to a County Environmental Spec£alist for their review and shall be subject to their approval. The landscape design shall incorporate a rain/mum of 60% native plants, by n,~-her, including trees, shrubs, and ground cover. At least 60% of the =zees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the d~reccion of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset' an equal percentage of ground cover. For example, the use of 70% native trees could allow the use of only 50% native ground cover. This plan shall depict the incorporation of native species and their m/x with other species, if · any. The goal of site landscaping shall be the re- creation of native vegetation and habitat characteristics lost on the s~te during construction or due to past activit£es. Ce All exotic plants, as defined in the Ccunty 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 haplemenCed Co prevent reinvas£on of the site by such exotic species. This plan, which will descr/be control techn/ques and inspection intervals, shall be filed with 13 ,00K and sub~ec= to approval b~ the Environmental Resources HanagemenU and the Commun/=y Development Services Dlv£sion. If, during ~he course of site clear~ng, excavation, or o~her constructional ac=ivit£es, an archaeological or h/storical sate, ar~tfac~, or o~her ~nd/cator discovered, all development at that location shall be immediately stopped and the Environmental Resources MAnagement no=t fled. Development will be suspended for a sufficient length of t~me to enable ~he Environmen~al Resources Management or a designs=ed consultant to assess the find and determine regard to its salvageablli~y. The Environmental Resources Management will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to an~ cons~-uc~ional activities. The annual monitoring and wetland m/tigation program reports, required b~ Florida Department of Environmen~al Regu/at£on and/or U.S. Arm~ Corps of Engineers, sba/1 be subm/tted for review and approval to the environments/ s~aff wi~h/~l ~he Plann/ng Se=vices Sec=ion. The petitioner shall relocate a sabal palm ~ck in =he sou~h centered portion of ~e ~ion of ~e p~]~ if ~ ~s ~= prac=ic~l~ ~le ~o be ~co~ra=ed ~=o ~e .r: SECTION VI TRANSPORTATION REQUIREMENTS The jmrpose of this Section £s to set: fc~ch '..he ~raff£c h~provement requirements which =he proJec= developer must: undertmke as an int:egral par= of ~he project: development:. Ae The developer shall, sub~JecC t:o approval bF rlor£da Department of Transportat:ion, provide left and right turn lanes on Davis Boulevard aC each project entrance. Should =he section of Davis Boulevard be four laned in the future by either the Florida Department: of Transport:ation or Collier Count:y, t:he consideration/approval of a rut:ute median opening shall be subject to Justifying aut:horit~ and final approval/control by the Florida Deparl~,.ent: of Tran~por=at:ion and/or Collier Count-f as applicable. The Justifying Au~hority shall include buc no= be I/mit:ed b~ applicable ordinances, policies, and land-use plans. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at: the main project ent:rance when deemed warrant:ed by the County. The signal will be owned, operat:ed and maintained by Collier County. Ce De The developer shall provide arterial level s~reet: light:ing ac each project entrance. Individual commerciai parcels along Davis Boulevard shall have no direct: access co thac road. All access t:o =hess parcels shall be b~ way of the internal road 'system. These lmprove=ent:s are considered "site related' as defined in Ordinance 85-$5 and shall ncr be appl£ed as credits toward any impact: fees rec/u~red by t:hat: . ordinance. 15 SECTION VII UTILITIES REQUIREKENTS The purpose of this Section is to set forth the utilities re~o/rements which must be accommodated by the ~ivaloper. A. Wa=pr and S~wer 1. Water distribution and sewage collection and transmission systems will be const=aoted throughout the project development by the developer pursuant to all current requirements of Collier County and the State of ?lorida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the CounTy shall he conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. Ail water and sewer facilities constructed on private property and not required by the County to b~ 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 wi=bin the project, the facilities will be =es=ed to ensure they mee= Collier County's utility construction requirements in effect at the time cons=ruction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, either County owned or privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for s~-ucturee within the . project the utility facilities shall be conveyed to the County, when required by the Utilities Division, pursuant =o County Ordinances and regulations in effect at =he time conveyance is requested. 2. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 16 Ail customers connecting to the water dis~ribution and sewage collection facilities will be customers of ~he County and will be billed by the County ixx accordance wi~h the County's established rates. Should the County no= be in a position to provide water and/or sewer service to the project, the water and/o= sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. 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 was=ewater a= the time development commences, the Developer, at his expense, will ins=all and operate interim water supply and on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. 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 cons~ruction documents for the proposed project, stating that~ The proposed water supply and on-site~rea=ment facilities end/or on-site wnstewater treatment and disposal facilities, if required, are to be constructed as par= of the proposed project and must be regarded as lnterim~ they shall be constructed to State and Federal standards and are to be owned, operated and maintained by,he 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 onl~ to those lands owned by the developer and approved by the County. for development. The utility facility(les) may not he expanded to provide water and/or sewer service outside the development boundary approved by the County without the written consent of the County. be 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 17 interim water and/or sewage treatment £acllity and discontinue use of the water supply source, if applicable, in a manner consistent with S~aCe of Florida send.ds. ~1 ~rk related wi~ ~his activity shall be perfo~ed a~ no cos= ~o =he Co~. Codec=ion =o =he Co~=y's o~f-si=e wa=er ~d/or se~r facilities will be made ~ =he ~ers, =heir assl~s or successors, a= no cos= ~o =he County wi=bin ~0 days after such facilities become avail~le. The cos= of co~ec=ion shall include, but no= be =o, all engineering desl~ and prep~a=lon of cons=ruction documents, peri=ting, ~fica=ion or refit=lng o~ se~ge facilities. ~=erco~ec=lon wi~h Co~=y off- site facilities wa=er ~d/or s~er lanes necess~ =o ~ke ~e codec=ion(s), A= =he =~e Cowry off-site wa=er ~d/or ~aclll=les ~a avall~le for =he co~ec= wi=h, =he roll.lng wa=er ~d/or s~r facilities shall be conveyed ~o =he Cowry p~su~= =o appropriate Co~ Or~ces ~la=ions In effect a= =he =~e~ (1) ~i wa=er ~d/or s~r facilities co~c=ed ~ ~licly ~ed rights.f- way or wi~ u=~i=y eas~en=s ~ ~he Co~ wi~h~ ~e project will be re~ed =o ~ co.et=ion with =he Co~'s off-site ~=er ~d/or facilities ~ or, (2) ~1 wa=er and s~r facilities re~ed =o co~ec= =he project =o ~he Co~'s off-site wa=er and/or s~r facilities when ~e on-site ~=er and/or se~r . facilities ~e cons=~c=ed on private prope~y ~d no= re.ired ~ =o Me located wi=bin utility eas~en=s, ~clud~g ~t not l~ted to (a) ~ s~age l~ft station ~d fore ~ln ln=erco~ecting with the County sMr facilities lnclu~g all utility eas~en=s necess~. (b) Wa=er dis=r~u=ion facilities fr~ =he point of co.et=ion 18 County's racer facilities to ~he master water meter serving the project, including easements ~ecessar~. all utility The customers served on anin=arimbasisby~he 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 co serve the project and such connection is made. Prior to connection of=he project to the County's off- site water and/or sewer facilities the developer, his assigns or successors, shall =urn ore= Co the County a complete lilt of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or 'sewer service billing for the project. Ail construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be subm/ttedto the Utilities Division 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 pe=mits are required, pursuant to appropriate County 0rdfnances and Regulations in effect at the time of permit request. This requirement shall be made known to all prospective buyers of proper=les for which building permits will be required prior . to the star= of building construction. The County will lease to the Developer for · operation and maintenance the water distribution and/or sewage collection and transm/ssion system for the sum of $10.00 per year, when such system is not connected to the off-site water and/or sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply ~rea=ment and distribution facilities and/or the sewage collect~on~ t~ansm~s~£on a~d ~ac£1£ties. ~ha. lease, l~ rec~J.~ed, shall facilities or un~il such ~e ~ha~ bulk ra~e wa~er ~d/or sewer se~lce a~e~en=s negotiated with =he in=er~ utility se~ing =he / Data re~ed ~der Co~=y Ordnance No. 80-112 shying =he avail~ill~ of s~ge se~lce must be app~ed ~ =he U=ilitie= Division prior =o approval of the const~ction d~c~ents for the proJec=. A co~ of the approved DER pe~its taus= be s~mitted for the sewage col~ec=ion and tr~smission sys=~s ~d =he wastewater ~rea~en= facility =o be utilized, upon receip= thereof. If ~ ~=er~ on-site water supply, =reagent and ~~ssion facility is utilized =o se~e ~e proposed p~Jec=, l= ~s~ be properly sized ~o supply average ~ak day domes=lc d~nd, in addl:lon =o ~m ~low a= a =ate approved ~ the appropriate F~e Con~l Dis~ic= se~icing the proJ~= ~ea. Co~ction ~ ~ers~p of the wa=er ~d s~r facilities, ~clu~g ~ proposed ~ter~ s~age ~ea~n: and dis~sal facility, shall be ~ compll~ce wl~ all Util i=le s Division s =~d~ds, policies, offices, etc., ~ effec: a= =he =~e cons:~c:lon appr~al Is re~ested. ~tall~ h~aulic desl~ re~s c~er~g ~he water ~s~ution ~d s~age collection ~d ~~ssion s~:~ ~o se~e the proJec= ~s= be s~=ted wi~ codec=ion ~ents for the p~Jec=. T~ repo~s s~ll lis: all desl~ ass~ptions, d~d rates ~d o=her factors ~en= =o =he syst~ ~der considers=ion. ~e on-site water distr~ution syst~ ~o se~e the . p~Jec= ~s= be co~ected =o the Dls:ric:'s 48 inch wa=er ~ on :he mas= side of :he proJec='s prope~y, e~end~ ~d lnte~ally looped t~oughou: the proJec= and looped to the Dis:ric='s 12 or 20 ~ch water ~ on the sou~ side of Davis ~ulev~d. D~ing desi~ of these facilities, the foll~g feat~es shall be 1. Dead end ~s shall be el{m{nated whenever poss~le ~ loop~g =he ~=e~al pipeline ne~rk. 2. A s=~ for fu=~e sys=~ ln=erco~ec=lon wi=h adJacen= prope~ies shall be pr~lded =o 2O Ge prope~y line of the project, at a location to be mutually agreed upon by the County and the Developer during the design phase of the project. The utility cons=ruction documents for the pro]ect°s sewerage system shall be prepared to contain the design and cons=ruction of the on-site force main wb/ch will ul~tmately connect ~he project to the future central sewerage facilities of the District in the Davis Boulevard rights-of-way. The force main must be ex=ended from the main on-sAte pump station to the north rights- of-way line of Davis Boulevard and capped. It must be interconnected to the pump station with appropriately located valves to permit for simple redirection of ~he project's sewage when connection =o the County's central sewer facilities becomes available. Prior to approval of cons=ruction documents by ~he Count-f, the Developer must pr.sen= verification, pursuant ~o Chapter 367 of the Florida Statutes, ~a= the Florida Public Service Co-~ ssion has granted territorial rights to Ch. Developer to provide sewer service =o the project un=il the CounT can provide t~/s service through its sewer facilities. 21 WATER H~HENT REQUIRemENTS ' El~=io~ on ~e proJec= si=e r~ge from 9.6 ~o 11.6 fee= ~::~.; ~ .~ sea l~l. ~. sit. lies wit~ ~ ~.a whos. , or~g~ ~=~ ~a~age fl~ was sou=h~s=erly. Road~ys, ~ c~s, ~d other develo~en= rear. es ~ the vic~ty have ~fied ~e ~=~al s~face ~1~ pa=he, ~g~en=s for · :%:' ~ace ~sc~ge fr~ ~he p~e~ ln~o ~ ad~o~ng 1-75 .~.. ~ge way Of-Way ac~isl=ion. The 1-75 ~a~age way flows 2o =he ~Xden ~=e ~. Soil =~es on =he site ~clude ~zell ~d Keri F~e S~. The =opsoil has a depth of 2 to 4 fee= ~derla~ ~ a ~ck strata. Rock ~ess ~d =hic~ess is v~i~le. 8.2 Pm~OSE The purpose of this Section is to set forth the stipulations established by the Water KanagementAdvtsory Board, which shall be accommodated by the project ~eveloper. Detailed paving, grading and site drainage plans shall be submitted to County ProJect Review Ser~ices for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the subm/tted plans is granted by County Project Review Services. Construction of all wa=er management ~facilities shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. A copy of SFWHD Perm/t or Early Work Permit is required prior to construction plan approval. Lots 5 & 6 require treatment for qualify of runoff prior to discharge into wetland area. This is in accordance with SFWHD rules. Prior to subm/ssion of site development plan or construction plans for development of the individual lot, petitioner shall submit a water management plan for each describing l.ow treatment for quality of runoff is to be accomplished. 22 An Excavation Permit will be required for =he proposed manmade wetland in accordance wi~h Collier Coun~]~ Or4~nance No. 88-26 and SFWMD rules. Due to ~he m/xed land use within ~he project, a master association will be fozmed. The mas=er association has ultimate =esponsibllit~ for operation an d maintenance of =he drainage facilities within =he 23 I, Robert Duane, Mole Montes & Assoicates, as owner or agent for Petition R-89-21, agree to the following .onl requested by the Collier County Planning 'C°mmllelon in their public hea=ing on November 2, 1989. The project shall be platted in accordance with Collier County Subdivision Regulations to define right-of-way, tracts, and mitigation areas as shown on the Master Paving, Grading and Drainage Plan. Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance 82-91. At the time detailed construction plans are submitted, provide a comprehensive signage plan for project. PET~OR AGENT "~ ' ~"EPRESENTATIVE FOR CCPC ::~: SWORN TO AND SUBSCRIBED BEFORE ME THIS , MYCOM~ISSION EXPIRES: · .R-89-21 AGREEMENT SHEET DAY NOTARY OF FLORIDA COUNTY OF COLLIER I, SAME$ C. GILZ$, Clerk of Courts in and for the Twentieth Judicial Circuit, Coli~e= Coun=y, Florida, do hereby certify that the foregoing Ks a true copy of: Ordinance No. 89-82 which was adopted by the Board of County Commissioners on the ~Sth day of November, 1989, during Regular Session. WIT~ESS my hand and th~ official seal of the Board of County Commissioners of Collier County. Florida, th~s let day of December, 1989. SAME$ C. GILE~ Clerk of Court~ and Clerk Ex-officio to ~oard off County Commissioners Deputy C,:u[,k ".'"'""