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Ordinance 88-030ORDINANCE 88- 30 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COH- PREHENSIVE ZONING PECULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NU~ER 48-25-5 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2, A-2"ST" and C-4 TO "PUD"~ PLAI~ED UNIT DEVELOPMENT, KNOWN AS "COCOHATCHEE RIVER TRUST" FOR A 160 UNIT HOTEL/RESTAURANT DEVELOPMENT FOR PROPERTY LOCATED IN THE NORTI~ST QUADRAi~T OF US-4! ~ WALKERBILT ROAD, IN SECTION 21, TOWI~SHIP 48 SOUTH, RANGE 25 EAST, 8.66 ACRES~ ~ PROVIDING AN EFFECTIVE DATE. WHEREAS, Wilson, Hiller, Barton, Soil & Peek, representin$ Willi~ Klohn, Trustee, petitioned the Board ~f County Co-~issioners to thanes the Zonin$ Classification of tha herein described real propertyl NOW, THEREFORE BE IT ORDAINED by the Board of County Co-~,issioners of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described real property located in Section 21, To~mship 48 South, Range 25 East, Collier County, Florida is changed from A-2, A-2"ST" and C-4 to "PUD"~Planned Unit Development in accordance with the PUP document attached hereto as Exhibit "l" which is incorporated herein and by reference ~ade part hereof. The Official Zoning Atlas Map Number 48-25-5, as described in Ordinance 82-2, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon receipt of notica that is has be~n filed with the Secretary of State. DATE: l~rch 15, 1988 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA x.x ~,q; GILES, CLERX ARNOLD LEE GLASS, C~AIRMAN -. .........:...,,;,- / ~: ...' ..-~. x '. · ~ R.' ~BkUCE ~DERSON ~ ASSIST~T COU~ A~O~ R-87-35C Ordinance EXHBIT COCOHATCHEE RIVER TRUST A PLANNED UNIT DEVELOPMENT 8.66 Acres located in SFction 21, Township 48 South, Range 25 East, Collier County, Florida PREPARED BY: WILSON, MILLER BARTON, SOLL, & PEEK, INC. 1383 AIRPORT ROAD, NORTH NAPLES, FLORIDA 33942 MARCH, 1988 DATE SUBMITTED: DATE AMENDED: DATE APPROVED BY ORDINANCE NUMBER: -%- TABLE OF CONTENTS LIST OF EXHIBITS PAGE SECTION I f STATEMENT OF COMPLIANCE AND SHORT TITLfi .............. 1-1 SECTION II STATEMENT OF INTENT .................................. 2-1 PROPERTY OWNERSHIP & LEGAL DESCRIPTION ............... SECTION III LAND USE REGULATIONS ................................ '.3-1 SECTION IV GENERAL DEVELOPMENT COMMITMENTS ...................... 4-1 EXHIBIT A EXHIBIT B LIST OF EXHIBITS P.U.D. MASTER PLAN, WMBS&P File NO. RE-163 Exhibit A TOPOGRAPHIC AERIAL/LOCATION MAP, WMBS&P File No. RZ-163, Exhibit B SECTION I STATEMENT OF COMPLIANCE AND SHORT TITLE The purpose of this section is to express the intent of Wiiliam Klohn, Trustee hereinafter referred to as Sponsor, to create a P.U.D. on 8.66 acres of land located in part of Section 21, Township 48 South, Range 25 East, Collier County, Florida. The name of this proposed, development shall henceforth be known as Cocohatchee River Trust. The development of Cocohatchee River Trust as a Planned Unit Development will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The hotel/restaurant development will be consistent with the growth policies and land development regulations of the Comprehensive Plan Land Use Element and other applicable documents for the following reasons: 1. The project is compatible and complimentary to the surrounding land uses. 2. All improvements shall be i'n compliance with all applicable regulations. 3. There will be two sources of ingress and egress, one entrance from Tamiami Trail North (U.S. 41) and one from Walkerbilt Road. 4. The project will be served by a water management and utilities system as approved by the County. SHORT TITLE This Ordinance shall be known and cited as the Cocohatchee River Trust P.U.D. Ordinance. 1-1 .%. SECTION II STATEMENT OF INTENT 2.1 PROJECT INTENT It is the sponsor's intention to create an aesthetically pleasing river view hotel/restaurant project with local character and feeling .... 2.2 P.U.D. CONCEPTUAL SITE PLAN APPROVAL When P.U.D. conceptual site plan approval is desired or required by this document, the following procedure shall be followed: a. A written request for conceptual site plan approval shall be submitted to the Distrtict for approval. The request shall include materials necessary to demonstrate that the approval of the conceptual site plan will be in harmony with the general intent and purpose of this document. Such material may include, but is not limited to the following, where applicable: 1) Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off-street parking and off-street loading areas; yards and other open spaces. 2) Plans showing proposed locations for utilities hook-up. 3) Plans.~'or screening and'buffering. b. In the case of cjustered buildings required property development regulations may be waived or reduced provided a site plan iS approved under this section. c. A fee consistent with the current fee schedule for County Site Development Plan approval shall accompany the application, unless a specific .fee for Conceptual Site Plan review is adopted. d. If approval or denial is not issued within twenty (20) working days, the submission shall be considered automatically approved. 2-1 2.3. SITE DEVELOPMENT PLAN APPROVAL Site Development Plan approval, when desired or required by this document, shall follow the procedure as outlined in th~ zoning Ordinance. 2.4.'PROPERTY OWNERSHIP The subject property is Currently owned by Jane Geller and is contracted to be purchased by Cocohatchee River Trust. 2.5. LEGAL DESCRIPTION The subject property, is described as follows: Part of the northeast 1/4 of Section 21, Township 48 South, Range 25 East, Collier County, Florida. (O.R. 699, page ~00) 2-2 SECTION III LAND USE REGULATIONS 3.1. _PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses included in the project, as well as the project criteria. 3.2. GENERAL Regulations for development shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the "Collier County Zoning Ordinance". 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: a) Permitted Principal Uses and Structures: 1) Hotel, motel and transient lodgings. 2) £ull service restaurant/cocktail lounge. 3) Water management facilities and lakes. Conservation and recreational facilities. b) Permitted Accessory Uses and Structures: 1) Customary accessory uses and structures, chickee bar, boat slips ....... 2) Signs. On-site sewage treatment facilities and essential services, if required. 3.4. PERMITTED MAXIMUM NUMBER OF HOTEL UNITS One hund'r~d and sixty (160) 'hotel rooms. Permitted maximum number of restaurant seats 180. 3-1 3.5. MINIMUM SETBACK 3.6. From road right-of-way and P.U.D. project boundaries - 40 feet. The restaurant shall have a 50 foot setback from the' western project boundary. MINIMUM DISTANCE 3.7. Between buildings or structures - 30 feet. MAXIMUM HEIGHT OF STRUCTURES a) Principal structures: 50' b) Accessory structures: 25' 3.8. MINIMUM STANDARDS Minimum standards for parking, landscaping, lighting, and signage, and any other standards not specified herein, shall be in conformance with applicable County standards in effect at the time permits are sought. 3.9 PROJECT DENSITY The total acreage of Cocohatchee River Trust is approximately 8.66 acres. The maximum number of hotel rooms to be built on the total acreage is 160 and the maximum number of restaurant seats is 180. 3.10. LAKES AND RETENTION Proposed ponds and stormwater retention areas have been sited to permit optimum 6se of the land, increase the efficiency of the water management system and enhance the projects overall aesthetic character. Please refer to Exhibit "A" - Master Site Plan for the proposed location of ponds and retention areas. Accordingly, the setback requirements described in Ordinance 80-26, Section SA, as amended by Ordinance 83-3, as may be amended in the future, may be reduced with the approval of the. Cpunty Engineer. 3.11. LANDSCAPE BUFFER a. The western project boundary shall be buffered using a combination of a berm and landscaping, and/or a wall and landscaping. (This buffer to be in excess of the standards under Sectioin 8.37 of the zoning Ordinance). 3-2 b. The eastern and southern property lines, where parking and/or driveway areas are adjacent to neighboring properties, shall 'be buffered in accordance with the standards of Section 8.37 of the Zoning Ordinance. 3.12. SEWAGE TREATMENT PLANT The sewage treatment plant shall ha'ye a S0 feet setback from all perimeter boundaries. The STP site shall be buffered per Section 8.37 of the Zoning Ordinance. 3.13 PLATTING Platting or Waiver of Platting shall be required loc this project in accordance with the Subdivision Regulations. 3-3 SECTION IV GkNERAL DEVELOPMENT COMMITMENTS 4.1. PURPOS~ The purpose of this Section is to set forth the standards for development of the project. 4.2. TRAFFIC IMPROVEMENTS a. Left and right turn storage lanes if required shall be provided at the project entrance by the developer. be The project shall be limited to one point of access on U.S. 41 and it shall be in alignment with River Court on the east side of U.S. 41. c. The developer shall provide both northbound and southbound left turn lanes and southbound right turn lane at the project access on U.S. 41. Also, at such time as required by the County or the Florida Department of Transportation, a fair share contribution shall be made for construction of a south bound right turn lane at walkerbilt Road. Additionally, right-of-way along U.S. 41 shall be provided up to a width of 15 feet for drainage, turn lane, and future roadway purposes, and as may be necessary due to actual traffic conditions. The Florida Department of Transportation reserves the right to control median use and location. d. The developer shall pr6vide a fair share contribution- toward the capital costs of traffic signals on U.S. 41 at the project access and at Walkerbilt Road if and when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. The developer shall provide arterial level street lighting at the project access at U.~. 41. When developed, the two out parcels currently zoned C-4, shall have no direct access to U.S. 41. They shall have internal access from this project or from Walkerbilt Road. All traffic control devices used shall be in accordance with the Manual On Uniform Traffic Control Devices (Chapter 316.0747, Florida Statutes). 4-1 he 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. i. In accordance with Ordinance 85-55, requiring development ... to contribute its proportionate share of funds to accommodate the impact of proposed development and area roads; Cocohatchee River Trust or its successors or assigns, agrees to pay road impact fees in accordance with the ordinance, at such time as building permits are · requested. If the State permits a median opening at the main entrance on U.S. 41, the developer shall be responsible for his fair share contribution of widening Walkerbilt Road to 24 feet in width when deemed necessary by the County Engineer. If the State does not permit a median opening on U.S. 41 at the main entrance, the developer shall be responsible for all required improvements to Walkerbilt Road, including widening, deemed necessary by the County Engineer for this roadway to accept the traffic for this project. A sidewalk shall be required along the frontage of U.S. 41, subject to approval of FDOT, or by providing a sidewalk easement on this property. 4.3 SOLID WASTE DISPOSAL 4.4 Arrangements and agreements shall be with the approved solid waste disposal service to provide for solid waste collection service to all areas of the p{oject. .- PUD MASTER DEVELOPMENT PLAN a. The PUD Master Plan (Wilson, Miller, Barton, Soll& Peek, Inc. Drawing File No. RZ-163, Exhibit 'A') is an iljustrative preliminary development plan. b. The design criteria and layout iljustrated on the Master Plan shall be understood as flexible so that, the final design may satisfy the project and comply with all applicable requirements. c. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. d. Minor design changes shall be permitted subject to County staff administrative approval· 4-2 e. Areas iljustrative as "water retention" shall be construc- ted ponds or green areas in which as much natural foliage as practicable shall be preserved. Such areas, lakes and /or natural green areas, shall be of general area and configuration as shown on the Master Plan. 4.5 UTILITIES a. Teleph'one, power and T.V. cable service shall be made available to all hotel units, hotel and restaurant. Ail such utility lines shall be installed underground. A. Water and 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 constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and Regulations in effect at the time of conveyance. All water and sewer facilities constructed on private propert~ 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 they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above task~must be completed to the satisfaction of the Utilities Divisioff 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 Certificates of Occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations in effect at the 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. 4-3 ]) 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 water and/or sewer service to the project, the water and/or 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. 4) It is anticipat~d 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 regulator~ agencies. 5) 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 for the proposed project, stating that: a) b) 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 ~nd 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(les) 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. Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle 4-4 201 c; d) 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. 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 preparation of construction documents, permitting, modification or refitting of existing sewage pumping facilities or construction of new master sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection(s), etc. 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: 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) All 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 CountK 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; 4-5 e) f) b) Water distribution facilities from the point of connection with County's water facilities to the master water meter serving the project, including all utilit~ easements necessary. 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 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. All construction plans and technical specifications related to connections to the County's off-si~e water and/or sewer facilities will be submitted to 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 Permits are required, pursuant to appropriate County ~rdtnances and Regulations in- effect at the time of Permit request. This require- ment 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 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, treatment and distribution facilities 4-6 030 203 and/pr the sewage collection, transmission and treatment facilities. The Lease, if reguired, shall remain in effect until the County can provide water and/or sewer service through its off-site facilitie~ 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 No. 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. 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. E) Detailed hydraulic design reports covering the water distribut~on and sewag~ collection and tra~smission systems to serve the project must be submitted~with the- construction documents for the project. The reports shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. The water distribution system to serve the project shall be connected to the existing 12 inch water main in the U.S. 41 rights-of-way, extended throughout the project and looped to the existing water main in the Walkerbilt Road rights-of-way. The sanitary sewerage system to serve the project shall be connected to the existing 16 inch. force main the the U.S. 41 rights-of-way. The on-site sewage collection system shall be designed and constructed to permit gravity sewer service to the property line of the adjacent C-4 zoned parcels contiguous to this project. The on-site .%.' 4-7 sewage transmission facilities shall be designed and constructed to permit for the future connection and handling of sewage flows from these parcels of land. However, the initial pumps shall only be sized to serve the property under consideration. H) The Utilities Division will not be in a position to approve Certificates of Occupancy for structures within the project until the on-site and off-site sewerage facilities and on-site water distribution facilities previously stipulated have been 6ompleted, conveyed to the District and placed into service and satisfactory documentation has been submitted to the Utilities Administrator verifying that adequate fire flows exist within the project site, as specified by the Utilities Division and/or the appropriate Fire Control District. Section 4.5 - Utilities of the PUD document shall be revised to make reference to this memorandum, by date and specify the Petitioner's acceptance of the stipulations contained herein. A revised copy of the PUD document and draft Ordinance for the rezoning approval must be submitted to the Utilities Division for review and approval prior to the Petition being considered by the Board of County Commissioners. 4.6 WATER MANAGEMENT The agreed upon stipulations of the WMAB (Water Management Advisory Board) are as follows: a. Detailed site drainage .plans shall be submitted to the Water'Management Director 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 Director. b. Seventy-five percent (75%) of the total number of required parking spaces shall be constructed above the peak stage 6f the l0 year 3 day design storm event in accordance with Water Management Department memorandum of September 5, 1986. c. Water Detention Areas 'A' and 'B' shall be inter- connected, and each shall directly receive the proportional amount of runoff for the required water quality treatment. 4-8 4.7 ENVIRONMENTAL The agreed upon stipulations of the £AC (£nvironmenta% Advisory Council) are as follows: Petitioner shall be subject to Ordinance 75-21 [or'[he tree/vegetation removal ordinance in existence at the time of permittinp], requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Di'~ision for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. b. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. ~ c. 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 b~ 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. If during the course of site clearing, excavation, or other constructional activities, an archaelogical or historical site, artifact, or other indicator is discovered, all development at that location shall be 4-9 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.;onstructional activities. e. The petitioner shall be responsible to provide a survey for the presence and distribution of protected species, including but not limited to the gopher tortoise (Gopherus polyphemus) and its commensal associates; such sUrVey Shall be subject to review and approval of NRMD. Retention or relocation of such species (fauna and floral) shall satisfy all state (Florida Game and Freshwater Fish Commission) and Federal (United States Fish and Wildlife Service) guidelines concerning those protected species, as identified in the Florida Game and Freshwater Fish Commission September, 1987 edition of "Official Lists of Endangered and Potentially Endangered Fauna and Floral in Florida". f. Where applicable because of development, components of plant communities shall be transplanted as landscape components within the development (e.g., dry retention areas, upland 'recreational area, etc.} whenever practical and possible. Examples of species appropriate for transplant include oaks ~Quercus app.), wax myrtle (M_y_~_fca cerifera), palmetto (Serenoa- repens), and rusty lyonia ~n-~ ferruginea). '~' g. The petitioner shall produce water management designs that will minimize upland destruction. Areas designated for water management shall be field adjusted and identified to minimize habitat destruction, subject to the review and approval of NRMD. This adjustment shall occur at the time staff is reviewing and approving the'clearing limits. h. Any alteration of vegetation shall be subject to the review and approval of the NRMD and the goal of any such vegetation modification shall be limited to maintain the biological and ecological integrity of the areas. 4-10 l) For parking lots, petitioner shall investigate the use of window pane paver bricks or alternative semi-pervious materials in lieu of traditional asphalt paving, to reduce the amount of impervious surfaces,' chemical runoff, maintenance, and possibly installation expenses. '" During the permitting process, if docks or chickee type structures are to be built on the Cocohatchee River, the .EAC requires the petitioner to return for EAC and NRMD final approval. 4.8 NORTH NAPLES FIRE DISTRICT STIPULATIONS The District shall require fire hydrants and water main to meet at 750 G.P.M. at 20 P.S.I. standard at the time of construction. 4-11 ,oo 03'0,,::208 jl Jill IIIJiilll~JlU. 03'0 ,,,: 210 AGREEMENT I, Alan D. Reynolds, as owner or authorized agent for Petition R-87-35C, agree Co the following stipulations requested by the Collier County Planning Commission in their public hearing on February 18, 1988. a) The commercial use shall hOC exceed 8 acres and the remaining use of the land shall be for a Preserve Open space. The actual Preserve Area (Wetland Area) is 2.39 acres. b) The intensity'of the commercial use shall not be increased beyond the 8 acre commercial use. c) fe All parking requirements, open space, building coverage, water management, etc., must be met within the 8 acre commercial tract. Petitioner shall be subject Co Ordinance 75-21 [or the tree/ vegetation removal ordinance in existence at the time of permitting], requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior co any substantial work on the sics. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how cbs final sics layout incorporates retained native vegetation co the maximum extent possible and how roads, buildings, lakes, parking lots, and ocher facilities have been oriented co accommodate chis goal. Native species shall be utilized, where available, co the maximum extent possible in the site landscaping design. A landscaping plan will be submitted co 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 Chair mix with ocher species, if any. Tbs goal of sics landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due co past activities. Ail exotic plants, as defined in the County Code, shall be removed during each phase o£ construction from developmen~ areas, open space areas, and preserve areas. Following ai~e development a maintenance program shall be implemented co prevent reinvasion of the sics by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and ge approved by the Natural Resources ~anagement 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 Resc,Jrces 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. The petitioner shall be responsible to provide a survey for the presence and distributiou of protected species, including but not limited to the gopher tortoise (Copherus polyphemus) and its commensal associates; such survey shall be subject to review and approval of NRMD. Retention or relocation of such species (fauna and floral) shall satisfy all state (Florida Game and Freshwater Fish Commission) and Federal (United States Fish and Wildlife Service) guidelines concerning those protected species, as identified in the Florida Game and Freshwater Fish Commission September, 1987 edition of "Official Eist~ of Endangered and Potentially Endangered 'Fauna and Floral in Florida". ~hera applicable because of development, components of plant communities shall be transplanted as landscape components within the development (e.g., dry retention areas, upland recreational area, etc.) whenever practical and possible. Examples of species appropriate for transplant include oaks (0uercus app.), wax myrtle (H),rica cerifera), palmetto (Set.nos rep.ns), and rusty lyonia ~Lyonia ferru~inea). The petitioner shall produce water management designs that will minimize upland destruction. Areas designated for water management shall be field adjusted and identified to minimize habitat destruction, subject to the review and approval of NP~. This adjustment shall occur at the time staff is reviewing and approving the clearing limits. Any alteration of vegetation shall be subject to the review and approval of the NRMD and the goal of any such vegetation modification shall be l~mited to maintain the biological and ecological integrity of the areas. po For parking lots, petitioner shall investigate the use of window pane paver bricks or alternative semi-pervious materials in lieu of traditional asphalt paving to reduce the amount of impervious surfaces, chemical runoff, maintenance, and possibly installation expenses. During the permitting process, if docks or chickee type structures are to be built on the Cocohatchee River, the EAC requires the petitioner to return for EAC and NRMD final approval. Detailed site drainage plans shall be submitted to the Water Management Director 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 Director. Seventy-five percent (75I) of the total number of required parking spaces shall be constructed above the peak stage of the 10 year 3 day design storm event in accordance with Water Management Department memorandum of September 5, 1986. Water Detention Areas 'A' and 'B' shall be interconnected, and each shall directly receive the proportional amount of runoff for the required water quality treatment. The project shall be limited to one point of access on U.S. 41 and 'it shall be in alignment with River Court on the east side of U.S. 41. The developer shall provide both northbound and southbound left turn lanes and southbound right turn lane at the project access on U.S. 41. Also, at such time as required by the County or the Florida Department of Transportation, a fair share contribution shall be made for construction of a south bound right turn lane at Walkerbilt Road. Additionally, right-of-way along U.S. 41 shall be provided up to a width of 15 feet for drainage, turn lane, and future roadway purposes, and as may be necessary due to actual traffic conditions. The Florida Department of Transportation reserves the right to control median use and location. s. The developer shall provide a fair share contribution toward the capital costs of traffic signals on U.S. &l at the project access and at Walkerbilt Road if and when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. t. The developer shall provide arterial level street lighting at the project access at U.S. Il. ye aa. bb. CC. dd. ff. gg. When developed, the two out parcels currently zoned C-i, shall have no direct access to U.S. &l. They shall have internal access from this project or from Walkerbilt Road. All traffic control devices used shall be in accordance with the Manual On Uniform Traffic Control Devices (Chapter 316.0747, Florida Statutes). 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 petitioner shall comply with all of the Utilities stipulations as contained in their memo dated September 30, 1987. The District shall require fire hydrants and water main to meet a 750 G.P.M. at 20 P.S.I. standard at the time of construction. If the State permits a median opening at the main entrance on U.S. 41, the developer shall be responsible for his fair share contribution of widening Walkerbilt Road to 24 feet in width when deemed necessary by the County Engineer. If the State does not permit a median opening on U.S. 41 at the main entrance, the developer shall be responsible for all required improvements to Walkerbllt Road, including widening, deemed necessary by the County Engineer for this roadway to accept the traffic for this project. Platting or Waiver of Platting shall be required for this project in accordance with the Subdivision Regulations. -A sidewalk shall be required along the frontage of U.S. 41, subject to approval of ~DOT, or by providing a sidewalk easement on this property. The restaurant shall have a 50 foot setback from the western project boundary. The western project boundary shall be buffered using a combination of a berm and landscaping, and/or a wall and landscaping. (This buffer to be in excess of the standards under Section 8.37 of the Zoning Ordinance). The petitioner shall submit a revised site plan as described in ~12.d. of the Staff Report. The eastern and southern property lines, where parking and/or driveway areas are adjacent to neighboring properties, shall be buffered in accordance with the standards of Section 8.37 of the Zoning Ordinance. The sewage treatment plant shall have a 50 feet setback from all perimeter boundaries. The STP site shall be buffered per Section 8.37 of the Zoning Ordinance. .. OF DAY NOTARY SEAL MY COHI~S$IOR EXPIRES: R-87-35C A~reement Sheal: 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. 88-30 which was adopted by the Board of County Commissioners on the 15th day of March, 1988, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of March, 1988, JAMES C. GILES Clerk of Courts and Ex-officio to Board of,~'~" '.~. County Commissioners '~'.' By: VTrginia Magri .,, .-. L, · Deputy Clerk '~; "Jr, '' ...""f ,I