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Resolution 1985-002 (DO - Vineyards) UO<< 087 ....~:. 55 May 7, 1985 DEVELOPMENT ORDER 85-.1.- DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMHISSIONERS OF COLLlER COUNTY. FLORIDA FOR THE VINEYARDS PLANNED UNIT DEVELOP- MENT LOCA1'ID IN SECTION 1. TOWNSHIP 49 SOUTH. RANCE 25 EAST: AND SECTIONS S. 6 AND 8. TOWNSHIP 49 SOUTH. RANG! 26 EAST. COLLlER COUNTY. FLORIDA: WHEREAS. the Applicant. Jiay Adldn.. Agent fOT The Viney ad. , filed on February 16. 1984 with the County of Collier an Application for Development Approval (ADA) of . Development of Regional Impact (DRI) known .. The Vineyards Planned Unit Development in accordance with Section 380.06(6), Florida Statutes; and WHEREAS. Jimmy Adkins has obtained all necessary approvals and conditional approvals from the various Collier County agenciea, depart- ments, and boardr. required as a condition to Planned Unit Development (PUD) zoning and DR! approval; and WHEREAS. the Board of County Commissioners as the governing body ~f the unincorporated area of Collier County having jurisdiction pursuant to , Chapter 380.06 is authorized and empowered to consider Applications for Development Approval for Developments of Regional Impact, and WHEREAS, the public notice requirements of Chapter 380 and the Collier County Zoning Ordinance have been satisfied; and WHEREAS. the Coastal Area Planning COllllllission has reviewed and considered the report and recommendation of the Southwest FloTida Regional Planning Council (SWFRPC) and held a public hearing on the ADA on April 18. 1985; and WHEREAS. the Board of County COllllllissioners has pa88ed Ordinance 85-1'" which rezoned the subject property to PUD; and WHEREAS. The Vineyards application for development approval is a180 part of an overall rezoning application by the developeT; and the isauance of a development oTder pursuant to Chapter 380.06. FloTida Statut.., does not constitute a waiver of any p~er. or righta regard1D& the beuance of other development permits by the County or State; aDd WHEREAS. on May 7. 1985. the Board of County Co.a1..ionera, at an open public hearing in accordance with Section 380.06, Florida Statut.., conaidered the repon and rec~endatioD8 of the SWtU'C, the .. - May 7, 1985 certified record of the documentary and oral evidence presented to the Coastal Area Planning Commission, the report and recommendations of the Coastal Area Plannina Commission, the application for Development of Regional Impact submitted by Jimmy Adkins, Agent, and the comments upon the record made to this Board of County Commissioners at said meeting. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners, Collier County, Florida, in a meeting assembled this 7th day of May 1985; and after full consideration of the reports, recommendations and testimony, the Board of County Commissioners hereby finds and determines: Section 1. That this Resolution shall constitute the Development Order for Collier County issued in response to the ADA filed by Jimmy Adkins for development of a Planned Unit Development for 3071 single family and 3907 multi-family for a total of 6978 dwelling units, 1924.5 acres with 71.00 .;cres of commercial, a 2.70 acre school site, a 4.47 acre village square and recreation and open space as well as Development of Regional Impact. The scope of development to be permitted pursuant to this Order includes operations described in the ADA and thp supporting documents which by reference are made a part hereof as composite Exhibit B. Section 2. That Board of County Commissioners, having received the above-referenced documents, and having received all related comments, testimony and evidence submitted by each party and members of the general public, finds there is substantial competent evidence to support the following findings of fact: A. That the real property which is the subject of the ADA is legally described as set forth in Exhibit A, The Vineyards PUD document, attached hereto and by reference made a part thereof. B. The application is in accordance with Section 380.06(2b) Florida Statutes. C. The applicant submitted to the County an ADA and sufficiency response known as composite Exhibit B, and by reference made a part hereof, to the extent that they are not inconsistent with the terms and conditions of this Order. D. The applicant proposes the development of The Vineyards Planned \ Unit Development for 6,978 dwelling units, 1925.4 acres. and associated with commercial. school aite and recreation and open space. I. 087 ff".~ 56 May 7, 1985 'OD( 087 .,.:! E?7 The Developlllent is consistent vith the report and reco=enda- tions of the SWFRPC. F. The dlvelOplllent will not unreasonably interfere vith the achievement of the objectives of the adopted State Land Devel- oplllent Plan applicable to the area. G. A comprehensive review of the impact generated by the develop- ment has been conducted by the County's departments and the SWFRPC. H. The development is not in an area designated an area of critical concern pursuant to the provisions of Section 380.06, Florida Statutea, as smended. 1. The development is consistent with the land development regu- lations of Collier County. Section 3. Th}\t the Board of County Commissioners having made the above findings of fact, reaches the following conclusions of law: A. That these proceedings have been duly conducted pursuant to applicable law and regulationa, and based upon the record in this proceeding, the Developer and the various departments of the County are authorized to conduct development as described herein, subject to the conditions, restrictions and limitations eet forth herein. B. That the review by the County, the SWFRPC and other partici- pating agencies and interested citizens reveals that impacts are adequately addressed pursuant to the requirements of Chapter 380, within the terms and conditions of this Order and the ADA. Section 4. This .Board of County Cormnissioners finds _ that the applicant has adequately addressed and satisfied those conditions set forth by the SWFRPC in said Board's "conditional approval" of the ADA, or agreed to the modifications approved by the Board and to any additional conditions, restrictions and limitations set forth by the Commission as follows: A. Substantial Deviations: Retriggering of Development of Regional Impact Process. Further review pursuant to Chapter 380.06, may be required if a substantial deviation, as defined in Chapter 380.06, occurs. The applicant shall be gj,ven due notice of, and an opportunity to be heard at any hc::'ing to ~ 3 ~ f!!!! May 7, 1985 determine whether or not a proposed change to the development is a aubstantial deviation. Substantial deviation may occur by failure to comply with the conditions herein, failure to follow the plans and specifications submitted in the ADA and supple- mentary information, or by activities which are not commenced until after the expiration of the period of the effectiveness of the Order. B. The Applicant shall submit an annual report in accordance with Section 380.06(16), on the Development of Regional Impact to the County, the SWFRPC, the State Land Planning Agency, and other agencies as may be appropriate, by December 31 of each year until and including such time as all terms and conditions of this Order are satisfied. Such report shall be submitted to the C~ lier County Community Development Administrator who shall, after appropriate review, submit it for review by the Board of County COllllllhsioners. The Board of County Commis- sioners shall review the report for compliance with the terms and conditions of this Order and may issue further orders and conditions to insure compliance with the terms and conditions of this Order. The applicant shall be notified of any Board of County Commissioner hearing wherein such report is to be reviewed, provided hO'olever, that receipt and review by the Board of County COllllllissioners shall not be considered a sub- stitute or a waiver of any terms or conditions of this Order. The annual report shall contain: 1. The SWFRPC's monitoring forms as may be required; 2. A description of all development activity conducted pursuant to this Order during the year immediately pre- ceding the submission of the annual report; 3. A description of all development activities proposed to be conducted under the terms of this Order for the year immediately subsequent to the submission of the annual reports; 4. A statement listing anticipated applications for develop- ment permits, required pursuant to applicable regulations which the applicant proposes to submit during the year immediately following submittal of the annual report; ~OOK ()~~~! f)~' aoOl 087 r.l':t 59 ~ May 7, 1985 5. A statement setting forth the name(a) and address(es) of any heir, assignee or successor in interest to the applicant in its capacity as developer of The Vineyards Planned Unit Development. 6. A statement that all persons have received copies of the annual report, aa required under Chapter 380.06(17). It is the intent herein, that the foregoing requirements for submittal of the annual report shall be in addition to and not in lieu of any submittal requirements for an annual report as promulgated by the State Land Planning Agency or the Southwest Florida Regional Planning Council. c. Southwest Florida Regional Planning Council's Recommendations as follows: IT IS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL THAT THE PROPOSED PROJECT BE APPROVED SUBJECT TO THE FOLLOWltlG CONDITIONS: 1. DRAINAGE/WATER QUALITY: The applicant has proposed a drainage system that, with minor modifications and more extensive water quality control measures in intensive use areas, should control regional water qU.!lntity and quality impacts to Naples Bay. Recommendations: a. The drainage system for the Vineyards project shall implement the design standards and water quality "best management practices" outlined in the Applica- tion for Development Approval, response to Question 22, Drainage, and in the sufficiency responses. b. An on-going maintenance and monitoring program that ensures regular inspection, maintenance and sampling of the stormwater drainage system shall be imple- mented by the applicant. or his successors, through- out the p~oject life-time. c. The drainage system for the "Vineyards" project shall be modified to provide for greater detention capacity and for more extensive water quality "Best Management Practices" in high intensity use drainage basins (greater than 40% impervious surface) as required by the South Florida Wster ManaRe~ent District. ~ f!P- May 7, 1985 2. ENERGY : The proposed project ....ould be an all electric development and would increase the energy demands of the Region. The applicant has committed in the ADA to provide a variety of energy conservation measures to reduce the impact of that increased energy demand. Recommendations: The follo....ing energy conservation features shall be incorporated into the final site plans and architecture for the Vineyards or be implemented through appropriate deed restrictions and covenants in order to mitigate further the energy impacts of the proposed project. a. Provision of bicycle/pedestrian system connecting all land uses, to be placed along all arterial, col- lector, and local roads within the project. This system is to be consistent ....ith Collier County requirements. b. Provision of bicycle racks or s~nrage facilities in recreational, commercial and multi-family residential areas. c. Cooperation in the locating of bus stops, shelters and other passenger and system accommodations ....hen a transit system is developed to serve the project area. d. Use of energy-efficient features in window design (e.g., shading and tinting). e. Use of operable windows and ceiling fans. f. Installation of energy-efficient appliances and equipment. g. Prohibition of deed restrictions or covenants that would prevent or unnecessarily hamper energy con- servation efforts (e. g., orientation, building clotheslines, and solar water heating systems). h. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. SOCK 087 r~~~ 60. 6 ..- aoDK 087 f.l':~ 61 - May 7, 1985 i. Installstion of energy-efficient lighting for stree ts, parking areas and other interior and ex- terior public areas. j. Use of water closets with a maximum flush of 3.5 gallons and shower heads and faucets with a 1II8ximua flow rate of 3.0 gallons per minute (at 60 pounds of pressure per square inch) as specified in the Water Conservation Act, Chapter 553.14, F.S. k. Selection of native plants, trees and other vegeta- tion and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. 1. Planting of native shade trees to provide reasonable shade for structures, streets and parking areas. m. Placement of trees to provide needed shaded in the warmer months while not overly reducing the benefits of sunl1&ht in the cooler months. (Shade in the summer should receive primary consideration.) n. Planting of native shade trees for each residential unit. o. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize natural cooling effects of the wind. p. Provision for structural shading (e.g., trellisea, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. q. Inclusion of porch/patio areas in residential units. r. Consideration by the project architectural review committee (s) of energy conservation measures (both those noted here and others) to assist builders and residents in their efforts to achieve greater energy efficiency in the development. 3. HURRICANE EVACUATION: (Refer to Appendix I, Section C of the ADA). The potential for on-site public uae areas to serve as areawide hurricane evacuation shelters would provide a regional benefit. 7 ~ ~ .. May 7, 1985 Recommendations: a. The applicant shall use a minimum floor elevation as required by County Codes, SFWMD, or Federal Flood Inaurance Maps, whichever is greater. b. The applicant shall meet with the Collier County Disaster Preparedness officials to discuss the potential use of the public use areas (school sites and commercial property) for storm shelter purposes. 4. TRANSPORTATION: Traffic generated by the Vineyards project, when combined with other growth in the area, will necessitate substantial roadway improvements, if level of service "c" conditions are to be achieved. The developer has commit ted the outlined in to improvements Section I..D.1. a). COllllllitmcnt to construct the proportional share improvements outlined in Section 4.v.1 shall be made at the time that a rosd segment/intersection is found to e)(ceed level-of-service "C". Service level determination shall be made by either the Collier County Engineering Department or FOOT. To this end, the applicant shall submit an annual monitoring report to the Collier County Engineering Department, the Collier County/Naples MFO, FDOT, and the South- west Florida Regional Planning Council for review. The first monitoring report shall be submitted at the time of the issuance of the first certificates of occupancy for the Vineyards. Reports shall be submitted annually until buildout of the project. This report shall contain traffic counts taken at the nccess points to the site and turning movements to the following intersections: 1) Pine Ridge Road and Airport Road, 2) David C. Brown Highway and Oaks Boulevard 3) David C. Brown Highway and Airport Road 4) Pine Ridge Road and US 41 5) Pine Ridge Road and Livingston Road, and 6) David C. Brown Highway and Livingston Road. -~. 087N';! &OOK 62. aOOK 087 r~'.t 63 ~ ALTERNATIVES May 7. 1985 a. Impact Fees and/or Assessment If Collier County adopts an Impact Fee and/or Assessment for the improvements depicted in band c. above, prior to project completion. this fee or assessment may be substituted. Payments already made by the applicant for these improvements may b. credited toward the overall fee. b. Other Alternatives It is understood that the specific conditions listed above require commitments for payment from the developer and iniplicit commitments for construction from local and state agencies. In some cases, the improvements may not result even with applicant commitments because of the lack of commitment by state agencies. Therefore, Collier County is allowed to provide alternatives to the above condition~ when the alternatives mitigate regional rosdway impacts. Should this alternativ~ be pursued, Collier County is requested to solicit Councii review of the alterna- tives prior to the Development Order being adopted. 5. WATER SUPPLY: (Refer to Appendix I, Section E) There may be impacts on the public water supply of the project as a result of the location of a closed landfill and the migration of higher chloride water in response to on-site pumping. Additionally, there should be greater use of surface water, rather than groundwater, to supple- ment the treated effluent available for nonpotable water demands. Recotmllendations: a. The applicant shall incorporate the use of water- conserving pumping devi~es, as required by state law (Chapter 553.14, F.S.). b. The applicant shall monitor on-site water withdrawals to document that such withdrawals will not adversely affect on-site and adjacent wetlands and adjacent water users. 9 ~ !!!!I May 7, 1985 c. The applicant shall monitor on-8ite water withdrawals to determine what impacts the proposed withdrawals may cause involving the landfill and whether or not the higher chloride water located to the northeast of the project will migrate towards the potable water wellfield in response to pumpage. d. The applicant shall consider the use of surface water, rather than groundwater. to supplement the use of treated effluent in meeting nonpotable demands. 6. GENERAL CONSIDERATIO~S: In the ADA for Vineyards, numerous commitments were made by the Applicant to mitigate the project impacts. Many but not all of these commitments were listed in this staff assessment. Recommendations: a. All commitments and impact-mitigating actions pro- vided by the applicant within the Applications for Development Approval (and supplementary documents) that are not in conflict with specific conditions for project approval outlined above are officially adopted as conditions for approval. b. The developer shall submit an annual report on the development of regional impact to Collier County, the Southwest Florida Regional Planning Council, the Department of Community Affairs and all affected permit agencies as required in Chapter 380.06(16). Florida Statutes. D. COlllDitments specified in the PUD Ordinance as set forth in Exhibit A attached hereto and by reference made a part thereof and as follows: 1. TRANSPORTATION: a. The internal roadway system of the proposed project including any needed signals and other intersection improvements shall be constructed by the developer. b. There will be sidewalks, walking paths and bicycle trails throughollt the development. They will b. aOOK 08'7f'.tr:! B4 'OK 087 ..~r.t 65 ~ May 7, 1985 l~cated along all major roadway.. Although they are not required to be located in the aide of all minor and secondary roads. they will serve all residential and common areas. The sidewalks, walking path. and bicycle trails shall be addressed in a site plan review at the time of tract fractionalization. Bike paths will be separate from sidewalks along all maj or roadways. Bike paths shall meet the specifi- cations and requirements of the subdivision regula- tions in effect at the time of development. c. Developer shall be required to provide intersection improvements at. project access points to County arterial and collector roadways. The improvements are to inclu~e signalization as warranted, turn ~anes, arterial level street lighting, and other improvements deemed necessary by Collier County. d. Developer shall provide a fair-share contribution toward the capital cost of traffic signals at the :Intersection of Airport Road and Golden Gate Boule- vard when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. e. Developer shall provide arterial level street lighting at all project accesses along perimeter roadways, or shall annually reimburse the County for doing so. f. Developer shall improve at. the time of connection with the internal road system, 4th Avenue SW and 5th Avenue NW between the project boundary and Logan Boulevard to County standards as set forth in the Subdivision Regulations. g. Developer shall provide a right-of-way of ISO feet for the portion of Livingston Road within the project and a right-of-way of 75 feet for the portion abutting the project. h. Developer ahall pay its fair share towarc~ the improvement a on the following roadways: 11 ~ I!!!I May 7, 1985 1) Golden Gate Boulevard from US-41 to Airport Roadj 2) Golden Gate Boulevard from Airport Road to Isle of Capri Road; 3) Airport Road from David C. Brown Highway to Pine Ridge Road; 4) Livingston Road from David C. Brown Highway to Pine Ridge Road; 5) Oaks Boulevard or Logan Boulevard from David C. Brown Highway to Golden Gate Boulevard (see note below); 6) Logan Boulevard from Golden Gate Boulevard to Green Boulevard; 7) Isle of Capri Road (S.R. 951) from David C. Brown Highway to Green Boulevard; B) Pin~ Ridge Road from 1-75 to Isle of Capri Road; 9) Pine Ridge Road from US-41 to Goodlette-Frank Road; 10) David C. Brown Highway from US-41 to SR-951. NOTE: The obligation is to share in the cost of improving either Oaks Boulevard or Logan Boulevard (but not both) depending upon which roadway is later determined to become a major collector. 1. The Developer shall also pay its fair share towards the improvements to the following intersections, to include signalization and turn lanes: 1) Pine Ridge and Airport Road; 2) David C. Brown Highway and Oaks Boulevard; 3) David C. Brown Highway and Airport Road; 4) Pine Ridge Road and US-41; 5) Pine Ridge Road and Livingston Road; 6) David C. Brown Highway and Livingston Road. j. The Developer's fair share shall be determined by the percentage of level of service "c" of the improved segment contributions by the Vineyards project, based uopn actual traffic counts at the time level of service "c" is ex- ceeded. aon 1J87Nf";! 66 . . . '.- 087 FA'.t 67 ~ k. May 7, 1985 In the event an fmpact fee is adopted by Collier County, this fee may be substituted for the "fair share" speci- fied. Payments previously made by the Developer shall b. credited toward the impact fee. 2. WATER MANAGEMENT: a) Detailed site drainage plans shall be submitted to the Water Management Advisory Board for review on a phase by phase basis, as outlined in the DR!. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Water Management Advisory Board. b) Exravation permits will be required for the proposed lakes in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and as may be amend~d in the future. c) Developer shall be responsible for the following along its entire Airport Road (CR 31) frontage in c.oord inn t ion wi th proposed Airport Road improvelDent plans: 1) Construct necessary improvements to the borrow canal along the east side of Airport Road. Such construction to occur when the portion of the Vineyards adjacent to Airport Road is construc- ted or in conjunction with the adjacent Airport Road improvement project -- whichever occurs first. 2) Preparation of necessary additional easements along the east side of the improved borrow canal to allow for construction of a travelway for use by the County's maintenance equipment. Such easement to be 20' wide and restricted against permanent structures; use of the ease- ment for activities that will not interfere with occasional County Maintenance ~~ll be allowed. ~ 13 !!!II May 7, 1985 3) Installation of properly sized culverts at proposed on trAnce road locations placed on the relocated canal centerline, at such time as driveways are intitalled. d. As part of the proj ect' s Phase I, the Developer shall cooperate with the County' 8 Water Management Department in implementing the recommendations of the "D-2" Canal Drainage System Study" dated Sep- tember, 1984, as follows: 1) Improvements to the D-2 Canal including water level control structures along and parallel to 1-75 from Pine Ridge Road north to the proposed Golden Gate Boulevard: a) Performing necessary field surveys and preparing detailed construction plans and specifications for use in the construction of the proposed canal improvements and water level control structures. b) Providing County Staff with necessary legal descriptions for additional mainten- ance travelway easement along the east side of the improved D-2 Canal. Such easement to be 20' wide and restricted against perma- nent structures -- uae of the easement for activities that will not interfere with occasional County maintenance will be allowed. Easements to be submitted within three months of County Approval of canal improvements. c) Submittal of necessary permits to appro- priatc agencies for the proposed canal improvements. Such applications to be submitted upon completion of the work set forth in 4 d(l)(b). d) Preparation of an agreement between Devel- oper and County to obligate Developer for 100% of total construction cost of the aoaK 087 Jl~-:! 68 : construct proposed diversions in May 7, 1985 proposed canal improvements and water alOI 087,,,r.r 69 level control structures or to construct the referenced improvements and control structure. e) Performing necessary field layout surveys during the construction phase of the proposed improvement projects and other assistance to County Staff as required by the County in its inspection of the pro- posed canal improvements and water level control structures. f) Construction of proposed diversion canal presently contemplated along the north side of proposed Pine Ridge Extension east of 1-75: i) Provide sufficient easements within the project as may be necessary to conjunction with road improvement projects. The Pine Ridge diversion canal is not to be locsted immediately adj acent to the north of Pine Ridge Road. It is to be located within the Vineyards project or south of Pine Ridge Road. If it is to be located within the Vineyards Project, adequate easements will be provided. If it is to be located south of Pine Ridge Road the construction of the control structure that would have been re- quired had it been located within the project will be designed, constructed and installed by the Developer. 11) Construct or reconstruct off-site drainage swale along entire east boundary as may be necessary to protect properties in adjoinin~ Golden ~ 15 ~ ~ May 7, 1985 Gate Estates area from any flooding impacts that lIIay be caused by this project. iU) The Public Works Department requires that the Developer dedicate a 30 foot wide drainage easement along tbe north project property line (a/k/a south right-of-way line and section line of proposed Golden Gate Boule- vard) between Airport-Pulling Road and 1-75 to help provide drainage design requirements. J. Utilities: a) The development shall be in substantial compliance with applicable laws and ordinances governing utility provisions and facilities. b) Telephone, power and television cable service shall be made available to the site. c) Central 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 con- structed within platted rights-of-way or within utility easements required by the County shall be dedicated to the County for ownership, operation and maintenance purposes. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon comple- tion of construction of water and sewer facilities within the project the facilities will be tested to insure they meet Collier County's minimulll require- ments at which time they will be conveyed or trans- ferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances 16 nO.." "'""'" aoo<< 0871')H 71 ~ May 7, 1985 and Regulations in effect at the time conveyance or tranafer is requested, prior to being placed into service. d) All construction plans and technical specification. and proposed plats, if applicable, for the proposed water distribution and sewage collection and trans- mission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. e) All customers connecting to the water distribution and sewage collection facilities will be customers or 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 services 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 central water and/or sewer facil- ities are available to serve the project. For interim utility systems, a review of the proposed rates and subsequent approval by the Board of County Commissioners must be completed prior to activation of the water and sewer facilities and servicing the proj ect. Rate reviews must be in full compliance with County Ordinance No. 76-71 and 83-18 as amended, revised or superseded. f) 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 position to supply potable water to the proj ect and/or receive the proj ect' 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 facili- ties adequate to meet all requirements of the appro- pr1ate regulatory agencies. L:1. !!!I .. - May 7, 1985 g) An Agreement shall be entered into between the County lInd the Owner, legally acceptable to the County. prior to the approval of construction documents for the proposed project, stating that: 1) The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned, operated and maintained by the Owner, his assigns or successors until such time as the County's Central Water Facilities and/or Central Sewer Facilities are available to service the project. Prior to placing the water treatment, supply and distribution and/or sewage collect ion, transmission and treatment facili- ties into service, the Developer shall submit to the Collier County (Utility Rate and Regulation Board) for their review and approval, a schedule of the rates to be charged for providing pro- cessed water and/or sewage treatment to the project area on an interim basis until the County's central water and/or sewer facilities are available to serve the project. 2) Upon connection to the County's Central Water Facilities. and/or Central Sewer Facilities, the Owner, his assigns or auccessora shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water"supply source. if applicable. in a manner consistent with State of Florida standards. All work. related with this activity shall be performed at no cost to the County. 3) Connection to tIle County's Central \later and/or Sewer Facilities will be made by the Owners. 18 n~7 1'''1 7? 'MV " nay I, .I.:J().J their asdsns or succe..ors at no cost to the lOOK ()~irPA~r ~. C~unty within ninety (90) days after .uch facilities become available. The cost of connection shall include, but not be limited to. all engineering design and preparation of con.truction documents, permitting. modification or refitting of sewage pumping facilities, interconnection with County central facilities, water and/or sewer lines necessary to make the connections, etc. 4) At the time County central water and/or sewer facilities ~re 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: a) All water and/or sewer facilities con- structed in publicly owntd right-of-way or within utility essements required by the County within the project limits and those additional facilities required to make connection with the County's central water and/or sewer fscilities; or b) All water and sewer facilities required to connect the project to the County's central water and/or sewer facilities when the on-site water and/or sewer facilities are constructed on private property and not required by the County to be located within utility easements, including but not limited to the following: i. Main sewage lift station and force main interconnecting with the County central facilities including all utility easements necessary; 19 ~ l!!!5 ~ May 7, 1985 ii. Water distribution facilities frOll the point of connection with the county's central facilities to the master waste meter serving the pro- ject, including all utility easamentB necessary. 5) The customers served on an inter1.lll basis by the utility system constructed by the Owners shall be customers of the County at the time when County central 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 central water and/or sewer facili- ties the Owner, his assigns, or successors shall turn over to the County a complete list of the customers serve~ by the interim utilities system and shall not compete with the County for the serv!.ce of the custom- ers. The Owners shall also provide the County with a detailed inventory of the facilitiea served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. 6) All construction plans and technical specifications related to connections to the County's Central Water and/or Sewer facilities will be submitted to the Utili- ties Division for review and approval prior to commencement of construction. 7) The Owners, their assigns or successors shall agree to pay all applicable system development chargu at the time that Building Permits are required. pursuant to appropriate County Ordinances and R.egula- tiqus in effect at the time of Permit eo~o 087 ".I':t 74 ..--,._-.._--~.~...--._._.... ....,...-.... . May 7, 1985 aOOl 087 n':t 75 request. This requirement shall be made known to all ptospective buyers of proper- tin for which building permits will be required prior to the start of building construction. 8) The County. at its option. may lease for operation and maintenance the water dia- tribution and/or sewage collection and transmission system to the project owner or his assigns for the sum of $10.00 per year. Terms of the lease shall be deter- mined upon completion of the proposed utility construction and prior to activa- tion of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. The lease, H required, shall remain in effect until the County can provide water and/or sewer service through its central facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. h) 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. The developer shall 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. i) If an interim on-site water supply. treatment and transmisaion facility is utilized to serve the proposed project, it must be property sized to supply average and peak day domestic demand. in addition to fire flow demand at ~ rate ~ 21 ~ !!!!J ..- ~, . t/ F/~ ...; May 7, 1985 r. ~1 ~ approved by the appropriate Fire Control DlI- trict servicing the project area. 10': t': it. t~.,. ~~'- ~.~ r ~ t j) When the County has the ability to provide sewage treatment and disposal and/or water supply and distribution services, the Vineyards will be responsible to connect to these facili- ;< '. ties at a point to be mutually agreed upon by the County and the Vineyard owner, with the Vineyarda assuming all costs for the connection work to be performed. k) The project's owner(s), his assigns or suc- cessors shall negotiate in good faith with the County for the use of treated sewage efi~Jent with the project limits, for irrigation purposes. The Owner would be responsible for providing all on-site piping and pumping facil- it1es from the County's point of deliver)" to the project and negotiate with the County to provide full or partial on-site storage faci~it1es, as rpquired by the DER, consistent with the volume of treated wastewater to be utilized. 1) A water storage tank and repump site shall be provided by the Owner on-site. of a size and location to be mutually agreeable to the County and the Vineyard's owner. It is understood that the Vineyards will be required to install a water storage tank on-site if County water facilities are not available at the time devel- opment commences. Should the County desire to oversize these facilities, in anticipation of future demands and growth when the County's water .facilities lire available to serve the project, the County shall negotiate 8 satis- factory method of reimbursement to the Developer f~" for such oversizing. ,. ,.,.~ . j(c r~ "', r" E: it lOOK 0821 PAGt 76 lOOK 087 me 77 ~ .. ......; " ... ~ VJ 4. Exceptions to County Subdivision Regulations: The following exceptions to the Subdivision Regulations shall be granted: a) Article X, Section 19: Street name and signs shall be approved by the County Engineer but need not meet U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be subject to county engineer approval, but need not meet standard county requirements. b) Article XI, Section 17.F & G: Street right-of-way and cross-section for the road shall be as shown in the PUD document. c) Article XI, Section 17.H: The 1,000 feet maximum dead-end street length requirement shall be waived. d) Ar ticle XI, Sect ion 17. I: Back of curb radii at street interRections shall be a Minimum of 30 feet. e) Article XI, Section 17. K: The requirement for 100 feet tangent sections between reverse curves of streets will be waived on local roads, provided that collector roads shall be built to County standards. f) Article XI, Section 21: The requirement for blank utility casings shall be subject to county engineer- ing approval, but need not need standard county requirements. g) Article XI, Section 10: The requirement for reference markers to be placed in water valve covers is waived. 5. NATURAL RESOURCES MANAGEMENT: a) A site clearing plan shall be submitted to the Natural Resources Management Department and the COllllDunity Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation t.:> the 23 ~ I!!!!I May 7, 1985 lIIaxilllU1ll extent possible and how roads, buildings. lakes, parking lots and other facilities have been oriented to accommodate this goal. b) Native specles shall be utilized, where available. to the maximum ~:<tent 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 speciea and their mix with other apecies, if any. The goal of site landscaping shall be at the re-creation of native vegetation and habitat charac- teristics lost on the site during construction or due LO 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 pre- serve areas. Following site development, a mainten- ance program shall be implemented to prevent re- invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Depart- ment and the Community Development Division. d) If, during the course of site clearing, excavation or other constructional activities, an archaeological of historical site, artifact or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Manage- ment Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resourcea Management Department or a designated consultant to assess the find and deter- mine the proper course of action in regard to it. salvageability. The Natural Resource. Management Department will respond to any .uch notification in a aODK 087 UJ.[ 78 ,o~ 087 mt 79 ~ May 7, 1985 timely and efficient manner so as to provide only a minimal interruption to any constructional activi- ties. e) All reserve areas shall be flagged and surveyed prior to platting and con8truction. f) The historic hydro-period in the cypress head shall become the water elevation control for the lake where the cypress head is situated. g) Developer commits to maintain and preserve to cypress head identified as Parcel 20 on Exhibit "A" as a preservation area in perpetuity. Developer will us. its best efforti to maintain and enhance the cypress vegetation existent thereon and to prevent damage as a result of development of adjacent residential parcels. the Developer further commits: 1) not to apply for, seek or accept rezoning said parcel; 2) to resolve, revegetate and otherwise mitigate any damage to the cypress head occurring while it has control of the Vineyards Project; 3) that through deed restrictions or other legal mechanisms, ensure that the commitment set forth above run with the land and become an obligation on future owner(s); and 4) to coordinate with the County Environmentalist regarding the advisability of preserving the understory in Parcel 20 and the removal of any exotic species. 6. MISCELLANEOUS COMMITMENTS: a) Access to the proj ect shall be restricted to those access points shown on Exhibit "A" of the PUD docu- ment attached hereto, provided that the location of the accesses to commercial parcels shall be approved by the County Engineer. b) In the event Tract 6o-R is utilized for an int.r- change for 1-75 prior to the development of Tract 54, or within seven (7) years, whichever occurll la8t, 25 ~ I!!!J .~. May 7, 1985 Applicant agrees to provide a paTk site com~arable in size in said development. c) Developer has agreed to donate a site for a fire station not to exceed 1.25 acre.. The site shall be located on Parcel 83, or as may otherwise be agreed between Developer and North Naples Fire Department. Section 5. If any significant historical or aTchaeological sites or aTtifacts are discovered during site preparation and construction, the Bureau of Historical Sites and Propertiea, Florida Department of State and the Natural Resources Managment Department shall be notified to determine the importance of such discoveries, and to determine appro- priate measures to be undertaken to insure their preservation. Section 6. That the definitions contained in Chapter 380.06 shall control the interpr~tat10n and construction of any terms of this Development Order. Section 7. That this Order shall remain in effect for a period of fourty (40) years from the effective date of this Development Order. Any development activity wherein plsns have been submitted to the County for its review and approval prior to the expiration date of this Order, may be completed, If approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. Section 8. That this Order shall be binding upon the Developer, assignees or successors in interest. Section 9. It is understood that any reference herein to any govern- mental agency shall be construed to mean any future instrumentality which may be created or designated or successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. Section 10. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner effect the remaining portions of this Order which shall remain in full fOTce and effect. Section 11. This resolution shall become effective as provided by in. aDDK ()~~EfAG( ~() - _._~_. ...--.- . ~_,W~ May 7, 198) 087 Plt'.t 81 THEREFORE, BE IT FURnt'ER RESOLVED by the Board of Count)" Comh- .ioners that Jimmy Adkina, being the authorized agent for the owner or developer of the project known as The Vineyards Planned Unit Development a. lea811y ducribed in Exhibit A. attached hereto, h hereby grantee! local Development Order ~ and is subject to all the requirement. and' conditions represented in the PUD Document as found in Composite Exhibit A. and the ADA and Sufficency reaponses as found in composite Exhibit B and as also reflected in this Development Order. This DRI Development Order shall be deemed rendered as of the date of transmittal for the purposes of computing the forty-five (45) day appeal period provided under Section 380.07(2), Florida Statutes. Certified copiu of this order are to be sent illllDediately to the Department of Community Affairs and the Southwest Florida Regional Planning Council. Done in open session this 7th day of 1985. Mav 7, 1935 BOARD OF COUNTY COMMISSIONERS :::L1ER ~~R1DA FREDE I K . VOSS, CHAIRMAN ~~, ......' ...... ~ '. ...... . "i: . ' <t.' :...~:..-ATl'EST c-.I : ~.' WILL 0'-,'..',' 1 : ;,:' ... . '0.1.,' . ","..: ~ SUFFICIENCY VINEYARD DEVELOPMENT ORDER ........ . ~ 27 ~ I!!!!I ----.---, --~'----~---:- r"~' ':', ;_,~~~~,~ 'r~ ~- ~... ..It,.;~t..:..;i ~ ~ h' ~:}.,~"t 1~1.:'f'", ,:Ai':'h-~ ~)~)~ '4H~ .~'.~. ~. \.'t..' .' ~...;il!~.. 'if, 1lo..~.ll\\ ~~! f.1 !"t~''jI 'i'-;F~:l~ '. t..~~~",~..~.,..~~...~ , ~!) "If, IIJ'I '.~ l '.!Ii '.' ,I,. 'i. 1 i l'I'YHr;lj 'i"I"'\""1\' .H'" ."f\~'i' ~Ti\ q ~ ,~ ,- .1. ~ ::~\"l...~k~ t ~ o,.. ' il; \i H 1~u,!H:, ,r...l."I!..' '.'.. t. !"t (i, J:lI'( ~~'~ ! l},t~~ l.I,~\ H...Ju:'~~.J.t, .~.l. i}\ tit:", i..j. -'" ..'l.'.ll.~,\ :;.' 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