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Ordinance 88-067OP~INA~CB 88.- 67 AX ORDIXAXCE A~LE~I.;G ORDI]4AXCE 87-15, T~. BR~O~E 1.30 PROPEJt~ ~E~;SHI~; ~ING $~S~ON G~E~, DE~CRI~IO~ OF PROP~ ~; SUBSE~ION 2.3, ~gOJg~ ~L~; ~ING SU~SE~IO~ 2.6, ~CK~IONS TO CO~ SUBDIVISIOH ~TIO~S; ~IHG SUBSE~I~ 2.7~ S~E~S ~ BE PUBLIC; ~IMG S~SE~IOR 2.9, P.U.D. ~~ C~LI~CEj ~DIG SUBSE~O~ 3.2, USES ~E~I~j SUBSE~ION 3.~, HI~I~ 1~ ~; ~I~ SUBSE~ION 3.~, HI~I~ ~ ~I~H; ~ING SUBSECTION MI~I~l Y~ REQUI~.~S; ~INO SUBSECTION 3.9, ~I~1 HEIG~; ~INO SUBSE~ION 3.10~ OFFS~ P~ING RE~IR~'S; ~INO SUBSE~XON 3, Ils SPECI~. BUFFER REQUIRerS; ~DINO SUBSECTION 3.12, NI~I~I DIST~CE BE~EE~ PRINCIP~ STRU~RES; ~I~IG SUBSE~I~ &.2, USES P~I~; A~ING SUBSECTION ~.3~ D~~ ST~S~ BY ~DING P~AG~PH 'F,", "~ ~A"; ~INO SUBSE~I~ 5.2~ SITE CLEARIMC; AH~DING SUBSE~ION 5.3~ NATIVE :PL~ SPECI~ ~ILIZATION; ~ING SE~ON 5.~ ~ HISTORI~L SITES; ~INO S~SE~I~ ~ING S~SE~ION 5.8~ OP~ SPACE USE; A~INO SUESE~ION 5.10~ CA~AIL ~OL~ ~INO SUBSE~I~ 5.11, l.l~O~ ZONES[ ~INO SUBSE~XOR 5.12, ~IS~TI~ PR~ED~EI ~DING S~SE~ION 5.13~ S~ACK ~ STA~ ~A~S~ ~DIHG SUBSE~IO~ PRE3ERVE D~I~TIOR ON ~S; ~l~O 7.2, ~ATER ~ S~R; ~I~INO S~S~ION 8.2~ RE~IR~S; ~DI~G S~ION IX, ~LF ~l~ C~ CLUBHOUSE~ R~TION ~ ~DING A~A~ 1, NINI~ Y~ ~QUIE~SI BY PR~IDINO ~ EFFE~IVE DATE. if, lqlhezeas, on April 7, 1987, the Board of County Cosmies/onere AE~roved 87-15, vhich established the areComm PArk Planned Duit D~v;lopment; ~nd Vhe~reAs, I~isure Technology of Floridl, Inc., potitimmd the Board of Count7 Cmmiss/oners of CoLlier CourtLy, Florida, ~ ~eml Ord:l.n~ce ~ber 8'?-1~ AS follo~s~ NOW, THF-ItEFOEE BE I'T ORD,&INF, D by the Baird of~ Count7 Co.mlsAlOmlrS of Collier County, Floridl: SE:CTION OXg~ lnd,~x Page of PUl) ~0cu~ent of Oxdinance 87-1~ i~ hereby melude41 al follov~ = vrmr~c TT~*~'~T.T?~I:~ AR~ MllllTI01q~: VORDS GTRI~GI~..qq~-~E DELETIORS. I~DKX SECTION I PRO~ERT~ O~ltSIlIP AIqD D~CItlFTioII tli RESIDE~tTIAL DEVELOPffi/;h'T RECUIATION$ IV CO~RC:IAL DEVELOPHETr RF. GULATIO/~$ V E~V IaO~I~DrrAL R.~UI~$ TRAFFIC AND EXCI]iEERIRC IFXIUIRDiIlqTS PAC~ 2 *mm 9 - 13 14 ... 16 17 - 20 ao - 21 .- 22 VII UTILITIES I~QUIF. EHENT$ aS - /,9 23 - 30 VIII VATI~,~ANAGElq:ENT itF. QUI~,EII~ cou, co~s~.,, co~rrT ..~, a.u~sous~.t ~:~t~nos A~D OF~ SPACS A PROJECT LOCATIOR 32 - 3,t H NASTE~ DEVZLOI~II~T PLAN 8ubfsection 1.3, Property Ovnership, of Ordin~nce 87-15 il hereby amended an fellers: 1.3. PR.OPERI'~f OI,~ERSHIP The sub]acC properties currently ovned by Leisure Techuol~y '~ Florida Inc. a Public o~n 19~ B_!~mlevard Fork N I~ F orida . & ofiicerl ara 'al fellers: R._ay F, Anderson John A, Kilduff l~lante J, Hay ~A~thon~ Carruto -President -Vice President[ Secretary and Assistant Treasurer ~V~c,, Prts~d,~'~'~d AseisCanK SecreCar~ -Treasurer and,A~,li~Csnt Se~eCaT Subaactiou I.A, Caners! Description of Property Area, of Ordinate $7-15 is hereby ~nended as fo11M: Aa The ]]].&8 acre tract, bounded on the north by lJdio Road and ~n the wo~th by Drvia Boulevard, lies 1/2 uile ~.t of aha internecti~ of hdio ~d end Senti hrbara B~levard, Be feeened-te-Pt;G-~PJm~ned-~ntl-DevaLe~usnt? ~e proper~7 lies ~n Area wes o~ the Collier ~un~y ~a~er-S~lr D/oCricC 16. ~£CTIO~ FOO~: Subsection 2.3, Project Plan, of Ordin~nca 87-15 is hereby handed ~8 follo~8: 2,3, I~OJE~T ~ The Baster ~evelopment Plan for the project La indicmtad on Bap-~H~--eJ-the-App~ieasieaofet.-DeveLepue~e-App~et i reduced vertt~ of the ~ater DevelopenC Plan la a~Cached aC the rear o~ ~his docmnC. Elmn~s or the ha~er Develo~ Pl~ include: ~ Use ~res Total 333.48 333.$ ~,,.Approximat~,ly 13.4 acres of this torsi to ~m~n in astivs upland habitat. S~CTION FIVE: Project developuent shfll conforu to the approved Baster Devclo~uent PI. an in 8eneral ami to tbs appr~ed ~ubdivtst~ Construction Plans. ~dificaCions to Cbs sppr~ed Bas~er Developmeflc PI.an of up to ~I ~hail be pe~itced to accudata ~..~anies required by Sca~e or ~oderal pe~itcinl aif,ncies. Subsection 2,~, ?lan Approval Requirements, o[ Ordinance 87-15 h,lreby fmended aa fellers: 2,5 PLAN AFPiOVAL REQUIREH~H'FS A. FU~OSE The Baiter Devalopuent Plan indicates the basic nature of devalopuent paruittsd for the project as · vhols, consiatinf of einsle f-oily residences on individual lots, lo.-rise attached and detached residential units o! various types, ~olf COUreet lakes, wetlands and rectvatLona! open apace, and a neighborhood shopping center. Recreational buildings and facilities of var/oul k/n~J ~ay be iltablilhed in the area indicated on thaHaster Develo~NnC Plan as Co~mJn/t7 Center and Recreation/Open, Space! ntte~e~pen-.lpaee-and-~ie~saeifl-eeml®nl? either part o~ Chi J.niCial develo~nC i~rov~enCl or aC a subsequent dace. Actual d~elo~enC of prelect infrast~cCu~e, residential unica, rflcrdac/on facilities, and ~he neiihborh~d shopping center will occur in of increments. ~e purpose o( the plan approval requireuencs La to provide a ~chaninn Ior ~he c~nt7 ~o r~iev detailed devslo~enC plans for ~he prelect developaenC increnen~e and to detentes i~ the d~ll~aC /ncr~enCs and the detailed develo~4nC plans c~1~ full7 vi~h c~icatn~s established bi ~he P.U.D. docu~nC~ D.LI. Develo~ent Order, ~unty ~uinl Reguiations, and other applicable standards and reluLstions. SECTION SlX: Subsection 2.6, ~xceptione to County Subdivision RegulatLens, o! Ordinance 87-15 ia hereby amended aa follows: 2.6. EICEPTIO~S TO CO'd~TY SUPDI¥ISION RE~0I/II01tS The following Subdivision Relulatione shall be ~odif/ed: Ae A pedestrian/bike path aZste~ shall be designed for the prelect and e~nitted to the Subdivision. RaVie~ Co~tttee for rsview/approva!..on a resularly Scheduled ~est/ni[ p. ri..~r to construction/plat approval for the first ph,ue of construct/on. Upon approval this plan shall supersede the Subdivision Regulation requirements for sidewalk construction alon~ internal roadways. Article RI, Section 17.F. & 17.G: The principal roads which neander continuously between Radio Road and Davis Boulevard shall neat minor collector street standards except that the divided entr~vay eect/o~s shall be approved by the County Engineer. Right-of-way can be 60 feet vide. The principal street between D~vi~ Boulevard a~d Radio Road.ma? be per~itted with local road cross I~ctiOn -- rather than the previouel~ re~uired minor cOliectOr cro~ section to include a sidewalk on one Side and an interconnected bikapath/ear{ path sTet!ri. Article RI, Section 17.1.: The 1,000 foot length dead and street maximum aha11 be waived. All "dead-end" cul-de-sac streets over leSS0 feet in' lensth shall have a secondary means 'o~'"accesi for mrKenc7 v~'~icleS~"' lhese acc,ss routes Shall be e~ovn o~ the PUD Heater Plan. He SECTION Private drives serving not more than 25 u~its shall be permitted to have 20 toot pavement widths if there t~ no conilict with the County..Zonin~ Ordinance. Subsection 2.7, Streets To Be Public, of Ordinance 87-1~ La hereby maenda(I aa fellowes 2.7. srx~rs ~o BF. ~ab~ P,RZVA~ SubasctLon 2.9, P.U.D. DocuBant CoeplLonce, of Ordinsacs 87-15 Lo hereby amended as follows: 2.9, P,U,D, DOCUH];NT C:OHFLIAHCE Prior to coumenceeent of the final phase, all ccutit~Jut.! thin I~D docuusnt shall bo ~t by the developer. If certain c~tMnts are to be Ht during the developBan~ of the ~inal phase, adequate provLsi~s shall be efltablished to assur~ nfl c~Lt~nts are met by the d~eloper by the ti~ of c~pla~L~ of this project. ~e entity to be responsible for con~Lnu/nf Mintenance of various facilL~Les/lakes/prase~itLon areas/c~ open space/ Soil course/etc., shall be established prior to c~enceMnc of the final p~as, as the procedure and ~Ln~ of the transfer of ~Ln~enance resp~sLbLl~y fr~ the developer to the c~tinu/ns uLntenance SE~101C NINE: Subsection 3,2, Uses Pemittsd, of Ordinance $7-;5 is hereby mudad as follo~a: 3.2. US~S PERHITT~D No bu/ld~ or ItL~c~ure, or part thereof, o~ll be erected, altered or used, or lend used, in ~ole or pirC, for oth~r the the foll~ns: A. Princ~pal Uses: ~-1 permitted uses era single f~ull~ detached end accachad~ zero loc linet patio houset and ester! babes. R-2 Fertdcco~ u~ts include all R-I usest villasL Cob'nh.uses and multi-fsstil~ co~oeiniuBa. B. Accessory Uses: Accessory uses and structures customary in single and multiple family residential projects, inclu~ing recreational build/uss, aquipBaut, and assocLot4d facilities, 2. Project sales and adainLotrativa offices, which Bay occur in residential or recreational buildings. ~iDS ULqDEIII. INED ARE ADDITIO~S~ ~'OltDS Sq:lt~6Ko.I'HRO~J~i-ARI~ DKLKTIOHS, eem~e fled-le-l~e~Beme~Hem~lemeee-al-eh ~-e~--e lye-? eat~-p e~ed-vn~eee-elhe~v~ ee-epee~ easy 3. &s- Signs as paFnitted by the Collier County Zanies 0rd/amice La effect at the eLBe of psruit application. Temporary sewage treatBent faciliCiae in the free indicated on.Cha project Baster plan as ~aintensnce/ .. Aree_. Such temporary facilities my sezwe r~Jict until public or other county approved off-site severage service is available. The savage trea~ltnt plant and all associated facilities shall be set back a n/nimm of 50 feet frou the tract bound:tries; buffers shall be provided aa required in Section 3.11. SECTION TEN: At thm opt/on of the Collier Co~ut7 Supir~/eor of Elections, any comunity recreation build/nEy labia the p~roJect Bay be utilized al a polling place durinll general or special elections. S,ubsection 3.&, Hint~ma LOt Area, of Ordinance g7-15 is hereb7 sBande,i as foll~: 3,&. NI]~I](tT~ M:rr OX PAICkrl. lot area is that area assigned to an individual dvellin&..unit. Parcel area is ~h~t area assigned co an individual ';h.. o.. d,,. li.s ..it. ' ' Single f~L~17 detached and tet~-~oeLtfle-dveLLiueo+ petite h~m: 6,000 square feet per lot. Attached s~ngle fem/ly, d~nef+ ~g99, sero lot.!~e .~nd patio hoMfl: &tO00 Iqusrl fait par hlLin~-~fftie?l?_._.~. C. Gezdeu-eps~ten~et--]?gog-equet~-~eet-~o?-eseh-d~e&&4~g nniev VLllAn and Tovnhouses: 8t500 s~uare feeC par parcel. D_~. Hulti-fam!ly Condouiniunn= lOtOOO...equar~ feet per l~rcel. ZECI'ION EI.EV~: Sc~bsectiou 3.5, Xint~:~t Lot Vidth, of Ordinance 87-15 ~J hereby ended as foll~s: 3.5. ~t vidCh ia thflt vt~th assisnsd to aK individual ~ell/ng ~it. ?areal vidt'h is '~haC area assigned to an individual bu/[~ins ~ ~ ~n~ Bore than one dVell~nS"unic. '"' Single family detached and eet~-Lol~tuo-te*oi-~O ss..~ats homem~ 60 :feet ~er .!st Attached single fauily, d~e~tt~=~t~+ zero lot lint C. Gs~de~-ep~retintst-OJ-feel-pe~-reeund-ft~o~-d~e&&l~-uutt? Villas and to.houses: 100 feet par parcel D_~. ~lti-femi'l% condoululuue: 200 feet par parcel 6 SECTION Subsection 3.6, Nlnisam Yard RaquXresente, of Ordinance 87-1~ Xa hereby ananded as follo~a: 3.6. llIRIHUH YARD A. Single easily attached end detached A ffastdeneee ~state bom, es9 ~nd patio'h~mae: Front Yard: ~& 20 feet Side Yard: ~1'=~ feet Rear Yard: ~& 1.~ feet ~cceesor~ Use Rear Yard~ feet I? 6~el&e-fantty-atleeked-~eeAdenl~e~-el~elMree Ft. ea~--~ard+ ~& feel l~4~-Yt~l+ ~AI ~aet ~eer-~atd+ ~0 ~eal I~. ~ ~ro lotlin~ residences: Front Yard: ~ 20 fee~ ~ide Yard: Nez~-e~-e~e-eAdev-44-aeee-e~-lhe-elhet ~de 0 ~ 10 fecal ~ the tare 1o~X~e n~de ~ overhan~ no~ to exceed ~0" An~hen shall be all,ed. ~ear Yard: ~e~ Accesso~ Use Rear Yard: ~ feet Ct.=. ~illa~! Tow~h~ses and Nulti-famllT. Condominiumet Front Yard: Side Yard: Rear Yard: 20 feet ~ for two stotTt 15 feet for t~ree ~cor7 20 feet Do AIl front yard setbacks are ~easured from back of curb ~r ~]Sa of pav~Mnt. i~ent--Vat, d+ a~aeel aee~-~aed+ a$-~eet iff ad e +-~ J-/ee-t ~t~n-ehe-t~e~ea t ien-~ite-be~odnt-j~ Pt,blat. quasi-public, oz religious structures if developed on the iici in the northwest quadrant of Davis ~oulevard and the southern project entrance drive~ 25 feet free the nice boundary. SECTION TEIRTEEX: Subsection 3.9, Eaximm Heilht, of Ordinance 87-15 is hereby mtended as fell.we: 3.9. FU~XI~flm HEIGHT A. Senile easily detached residential, lassie finely attached residential, zero 1.elint riot/entAil, ~ honest estate honest villas and tovnhoumeat tvs stories B. ~eedee-ipattmmtot Hulti-fanily con~ominiu~s~ three stories SECTION FO~IRTEEN~ As ~:~ permitted u.es require one and one half (t~) spaces Eer dvellins unit. ~-t permitted uses require tvs (2) Spaces per dv~llin[ unit. SECTION FIFTEENt Subsection 3.11, SpsciaZ Buffer RaquireMnts, of Ordinance 87-15 in hereby ended aa follove: 3.11. SPECIAL BUFFEIt REQUIREIqKNTS Residential sits, which abut D~vis Boulevard or P~dio ~oad shall, in addition to tho required ~0 I_~S feat roar yard, have an addltion~l 10 far ~d~ ~ ~ich a dense plenties screen, vail or other buffer shall established. ~Calltd buffer phus 0~1~ be su~ltC&d and appr~ed b~ the Pli~l~/~lnG Director prior Co or In conluncCl~ rich the suhissiou of d~elo~uC plans for residtnchl properties abuCCinS O~is ~levard or h~lo Road, ~e required ~I[ers shall be W the ~er o~ the properties nbuCCins Davis ~ltvfrd and hdio ~nd, vhether ChaC ~oT be the project developer of his lucctssor in Cl~lt. ~rior DP certificates o~ ~cup~cy for ~llinss ~ sites ~ich abut Davis ~lev~rd or hdin Road. Cbs bu~tr shll be in phce on those sites. SEC~IO~I SIXTE~q: Subsection 3.12, llinimm Distance Betroth Principal Structures. of Ordinance 87-15 is hereby added aa fellers: 3,12~ HINDIUH DISTANCE B~E]~ PRINCIPAL STRUCTURES A_~. Villast tovnhouses sad uulti-fmtily cond~tiniums: T~o /Cor~ bu~ldfnte: 20'0'3 Three atot~...buildin[s: Subsection 1.2, Uses Permitted, of Ordinance 87-15 is hereby ameud&d na follows: USES PErmiTTeD We build,ns or etructure, or part thereof, ahalX be erect&d, altered, or used, or land used in vhola or part. for other than the £ollowins: A. Principal Uses: 1_~, A neishborhc~d ehoppins center, vhich shall include a supernarkat as ice uJor tenant. The ehoppin$ center nay also include a dru$ltore and miler retail shops vhich offer a variety of consumer ~oode, financial institutions, afl:cee, clinics, personal service eetablisbnta, laundt~ and dr7 cleaninS, post office, and such ocher uses no ara determined by the Plannin$/ZoninS Director to b, cuetouary and appropriate in usishborhood ehoppin8 c.,t.r.. ~RDS U~DERLINEDAR~ ADDITIONS~ bFORDS S3'Rg6K-4~RO~H-AItE DELETIONS. 2,_ ~l~ntenencs/utilitT site. ~ubeactio~ &.3, Devalepuent Standards, o£ Ordinance 87-15 ia hereb7 -~end~d aa fellers: 6.3 · DEVLrL0~ STAI~ARD~, F._ TV Antennas A TV antenna shell be permitted o~ th~ 1__. ~xi~ heliht~ I00 feet 2_.. Haxiet~ site area: 10~000 eeuere feat. 3_. Mlninus setback frou Pta) property l!nes{ 100.,.feet S~-CTIOW NIHETEE~: Subsection 5.2, Site Clearin8, of Ordinance 87-15 ia hereby a~eudad aa follo~s: SITE CLEARINC 9eve~oj~efle-e~-eha-pre~eet-~i~-be-oub~eee-te-eheo~oiraty-~ee Petitioner shall he subject to ~diuance 75-2~ [or the pe,r~ittin2]~ ra!~rin8 the acquisition of · tree re~oval permit prior to any land clearing. I site clearin{ plan shall be subuitted to the ~atural Resources lianalmnt Department an~d the C~nit7 Development Division for their rave. and approval prior to'"any substantial ~rk ~ the site. ~il plan ~y be submitted in phases to coincide vith the devel~'nc schedule. ~e site cltarinS plan shall clearly dtpic~ h. the final sleeper.s deve, lo~ent plan ~11 inco~oratts retained nltive ~eletatiou to the ~i~ extent pssiblt and h~ roads, buildinls, lakes, parkin{ Iota, ama other facilities have been oriented {osttiet{ to Icc~tl :his iai. ~e N~l~toetoe-tke4~etepe~t~sd~o~a~t~-otte deettJe,l-s~e~deve~op~e~Jsn~t~eeeo~d~te~Geee*~.~ SECTION lq~lqTT: Subsection 5,3, Native Plant Species Utilization, of Ordimtnce 87-15 is hereby as~nded as fellers= 5.~, NATIVE PLANT SP£CIES UTILIZATION Native species aha11 be utilized, ~hera a~alleble, to the .aximm extent possible tnt__he site lladfcspinldefiln, l landscaping plans she&& uill be submitted to the Natu{al - Resources l~anase~eut Depart'Bent ~nd the ~nit7 Vevelo~tnt Oivisioa for their revie~ Iud spprovll.~~~~h plan will deplcctht incorporation of ~C!ye species and~lr U~ wic~ o~her speciesr if ~ny. A ~e soa1 of landscaping shall bt lhe re-crea~io~ ~Cive veae~ati~ ~bi~a~ ~haracCeris~ics los~ on the or due co pas~ acl~ivi~ies. Subsection 5.4, Exotic FLint Xamovel, of stalin,trice 87-15 is hereby ~m~ded as follmm~ 87-15 Us hereby amended as follMg EXOTIC I~LA~' J~JOVAL All exotic plants, as defined by County mvdtnteee Cods, shall bo removed during each phase of construction frou e~'~lo~mnt areas, open space areal, ·nd preserve areal. Folloving site development, i mintenance program shall be implemented to prevent reinvseion of the site by such exotic ptonte s_p~.ise. A This plan, vhich v/11 describe deeeftbtnS-ramovet-end control techfliqussy and inspection intervals, shall be f/led vith and approved by the Returll Resources Hanageuent Department and the Consortia? Development Division. Subsection 5,5, Archaeological and Historical Sites, of Ordinance 87-15 ifs hereby amended as follovsz 5.5 ~,CI~£OLOGIC/d. Am ~ISTO~CAL SITES If during the course of l~te clear/ns, excavation, or other construccionil scC~vtCiee, an archseologicel or historical site, artifacts, or other indicator ii discovered, all dsvslol~tot eenetr~etion st that location shell be lsmediitely stopped and the Natural ~eeonrces llanagmut Department notified. Development rill be suspended for · sufficisut length of slue to enable the Natural Resources ~oalament DepaFCleut or a dsmiinatsd consultant to selsel the find amd dsterline the proper cootie of action in regard to its ea~vag,abil~ty. The Natural Resources J~analeuent Department rill respond to any suc___.~hnotification in a timely and eff~cisnt Banner es as to provide only a minimal interruption to an~ constructio~l activities. S [~FION Tb~ZIClW-THR ££: Subsection 5.6, VetLinde, of Ordinance 87-1S is hereby mended 5.6 LTFLA~S All four vetland areas shall be preserved, as ~ell as the oak hasmock area found along the northern barmier7 of the northeastern vetland preserve. Prior to ·ny development of surrounding lands, the preserve !bound·rise shall be flagged flagging boundaries shall be sad verified 'by IOUO the Nature! ~esourcea ~tana~eoenC I)eparcmenc. Vater management designs shall presets acorn rater runoff being channeled to and retained vithin vetland preserves. Subsection 5.7, Fmdangered Plants, of Ordinance 87-15 is hereby mNnded ss follovsz 5.7 K~DA~CEREDFLAHTS Under the threat of destruction due to de~elopMut, all protected plant species ~IC be transpl~t~d ~ ~is~rb~l presage areas or areas subject to the a~'r~al of ~ t~ approved-by HI~TI1 Res~rces ~smnC ~tpar~nC. ~lanCs vi11 be recosnized as protected if listed in the "Officisl L/sCs si Endan[ered a~ FoCouCially Endangered ~uu~ ~d Flora of Florida" (compiled by the Florid· CaM and Fresh Mater Fish ~isston) or any other C~nCy, sCa~e or :federal lints that ers officially recognized for the protection o! plant end/or anisal species. Plant species to be transplented include but ers not limited to the follovinl: (Habsneria r~, butterfly orchid (Enc~clie ta~pensin), L~lltid air plant (Till~d~ ~~ Iold~n pulped7 fe~ (~hleb~i~aure~). , ~tll~ett~tJT ~to?Ht~a~titn). Ill t~noplancinis ~sc be perfomd b7 qualified ~ersonnel subject to appr~al by k~ Cbs Natural ltl~rCll Hana~eNnC DepartNnC. All spiciness st the endan[e~ ~ orchid (C~rcopodiun puncca~ue) euic be reaoved and tranplancld in areas subl=cc co the approYal of NRHD. All'cransplancin~s ' eusc be perfumed bY ~ualified personnel sub}ccC to approval bZ the ~acural Resources ~na~emenc Department. SECTION TWEA'TT-FIVE: Subsection 5.8, Open Space Use, of Ordinance 87-15 le hereby mended as follows: 5.8. OPEN SPACE USE ~e-4~e-perhooe~ The sieurs1 open epees and recreation couBone may be used for passive recreation, including uses such as nature trials and a lbiCed n~ber of picnic tables/ benches, end/or recreetion facilities. ~y clearins of vegetation end/or place~nC of any structures (e.g. trails, picnic facilities, recreational sC~cCures or facilities, etc.) ~st be revised b7 and subject to the appr~al of the a~ Nacurat Res~rcel Mana~e~nt Departure. Prior to any develomnC of adjoining lands, the park/o~n space b~ndarlos s~11 be flailed and varified by ~ Cbt Xacural ~es~rceo ~na~enC DepartnanC. S~CTIOH TWEHTY-SIX: Subsection 5.10, C~tUil Control, of Ordinance 87-15 ia hereby mmnded as foilers: 5.10. CATTAIL COh~ROL The petitioner should inveatisate · pro,ram to reduce or prevent the Srowth of cattails (T~phe letifolis} in the littoral shelf zone of lakes to be constructed within the project. Petitioner should consider vesetfltin[ at least portions of littoral shelf zone with native species of aquatic plants (NPdi~ the Natural Resources ~tana[e~nt Department would be pleased to provide pertinent literature and/or eu~eated species}. S~.CTI ON TWENTY-SEVEH: Subsection 5.11, Littoral Zones, of Ordinance 87-15 is hereby o8~nded ae follows: LITTORAL ZOHES Littoral zones along lake mergins okes~d shall be at a ei&e elope ratio of us less thin 4:1 out to a~'i~of 3' frozen lev water levels. Subsection 5.12, Administrative ~rocedure, of Ordinance 87-15 hereby ~uended aa follovs~ b'ORDS UItDL'R. LINKD ARE ADDITIOIq$I I~ORDS S~II6~-~Bgg61~ ARE DELETIONS. Nm) m mm ADHINSTRATIVE P~OCEDLr~E Adherence to the ab~va stipulations sh~11 occur thro~lh ~t~X alreeuent between #lad the ~a~ral ~e~rceo ~n~l~n~ Depart~nt and personnel of the Bretonne Park develom~ ~~ep~n~t~vee. I~ ~Cual astatines cannot be reached, the ~CCer will be br~hC before the Envir~ntal Adviao~ C~ncil or ~atever c~nt? e~lro~enCa~ revl~ board la la p~er aC tbs ci~ of dispute ~. wkteh-bea~d-ehe~ e~bt~e~atee, l~ arbitzatt~ Is futile, the ~ttmr dispels rill be b~usht before the ~ard of ~unc7 ~Lsaloners ~o s~11 acc aa the tl~l arbitrator. Subsection 5.13, Setback From State Waters, of Ordinance 87-1S hereby added aa follovs~ ~.I_.~3SFI~ACK FROHSTATE VATL~S The petitioner shall compl~ vith the,appropriate setback ~iscancaa free state waters when app=icable. ' SECTIOli THIRTY: Subsection 5.14, Preserve DesiSnition On Piano, of Ordinance 07-15 ts her(iby added os fellers: 5.14 P1LESElVEDESIGNATION ON PLA}iS The various premet~e areas in the pro~ect shall bt das!~.~ated on th, Soil course piano ~d final plata as prase~n/ coue~ation areas. 7.2. 14ATE]t Ah~ SEWer K, bT The County ha~ nec yet deterntn~d vhethar the Bretomto Park project ~*ill be selected as an area ~hich to to receive treated eavase effluent from the County's ~aSional Treatment Plant, for lrriSation nassau Prior to preparation of definitive lrrisatiou plane for tho Bretunna Park project, appropriate l~put shall be obtained /run the County to insure t~at applicable County effluent uae plans aft complied with. If required by the County, the Bretonne Park Developer, hie assigns or successors, shall ee~et~et-and-~tt&ime-~n-en-e&te eeeenda~-dtoe~tb~tete~ooystet-Je~-eho-~o~-oJoe~ented oevate-e~f&men/-wiektn-~he-p~o~eet-~mtlol--~e~-tt~4~etten r~Jred-e~p~tde~et~ethe~et~~ ~aeiJttteo~et-~e~t~ed~-a~o~o~t~h~o~ e~-tFeated~eot~ete~-t~t~Jeed~~ee~ e~uene~Js~ibult~-eyol~v-i~-~e~t~ed~ha~ ARE ADDITIORS: LORDS S~*R~ ARE DKLKTIONS. 2e ConltmJct and utilize em on-iiCi lecondlr7 ~iltribucion Iy.te. for use of Crested effluent within the pro,eec liniCs~ for' Golf C~,.tke Arri~acion purpolel Vhln effluent becomll aveilahle fro~ Collier CouncTt DelL.jo and construction of all on-lite pipin~ and pumpinq facilities from the County's point of deliver7 Co the ~olf course veCvell or point o~ ~i~tri~uCion. Provide land and Iterate fac~l/Ciee for vet veather on-lite effluent Iterate, al reeuired b~ ~epartcenc of E~voironnenta~ EeFulacions? cons/stent vich the volume of treated vaiCevat4r fAcilit7 ~ be either to he utilized. The 4 tank or pond. at the o~ner option. The treated effluent distribution eyeten, if required, shall be constructed purluant to the findin~l of a deteiled h~drsulic design repo~.~.. The report muir he submitted with the conmtructton documents for the project. The report shall list all de.i&n ~slu~pttonet de.and rates and other factors pertinent to the s~ste~ under construction. Treated effluent supplied to the pro~sct will be' subject to the County's established rate schedule. _The petitioner shall locate the lend application lice m~a7 free an~ drainage ditch and/or f~ale that ~a? affect the proper operation of the land diipoeal site. I(v L. Prior to approval of conltruction docuaents by the Utilities D/vision, the Developer mit present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service COllltlelon has steered territorial ti[his to the Developer to provide ae~e~ and/or water service to the project until the C~unty can provide these eervlcee through its water end never facilities. The project's on-lira water distribution lyeten shill be connected to the District's 12 inch vater~ia an the south lids of Radio Road, extended throusheut the project and extended stress end-ilea8 Davis Roulevard to the 16 inch varec ~in on the south side o~t~e ~eadvay-ee-t~p-the-p~eJeet-vtth-the-Dtst~teeAe the-t~le-e~-e~natt~et~en? ~raattn[ a loop. This require~ent shall be iljustrated on the conltruction documents prepared for the project. I)urins delian of thels facilities? the follovin~ features shall be incorporated into the distribution eyste~ 1) Dead end cains shall be eliminated b~ loopinl the i.ternal pipeline network. 2) Stubs for future e~ltma interco~nection with ~dJscent properties shall bo provided to the eas~ ~nd welt propert7 lines et the proJect~ at locations to, be ~utuall7 alreed to b7 the Utllitte~ Division and the Developer durinB the desire phas~e of the project. ~xcept for ~odela and tempererT use structures? the Utilities Division viii not be-in a position to approve Certificates of Occupaflc7 for sinecures within the -- project until the on-lite i~erale 'facilities and"~at.r distribution tacilities prlvioully Iti~lated Mve ha~ coepleted~ conve~ed to the District and places ~nt~ entice and a~tte[actor~ d~entat~ has been auhnittcd to the UtJIXtXel Ada·eXeCrator verifying that adequate fire flays exist vithin the project siti~ as specified bT the Utilities Division and/Or the app~0~riate fire Control District. Tbs nodele chat vould be connected to a septic cask rill ~e centralized in the south portion of the p~oJact? viii have · naxin~m of trq modelst one of vhich vould bi a Z~Xced co one ~enc unless oche~ise approYed. ~,l ~pc~c c~nk'~al~ncion shall c~17 v~Ch the " requirements of the Collier CouncT NasZch De~act~nt~ ,~o permanent septic tanks and drain·tilde are to bm permitted. ~ psruansnc potable vacer veils are to be pirnicted. P~del ho~es are pernicced to utilize s~pcic s~sC~u and veils on an incec~ basis until the central ayst~ is available, buc in no event for lonFer ~fln ~l ~ear. An exception Co this ~olic~ viil be to pl~iC septic s~sctn for restco~ factllitis tn the [elf c~cee '(dots nsc include clubh~sl). Tbs developer shall comp1y With all Florida Dapartnent of EnVtronnsnCal Regulations and florida Adninistrecive C~dea psrcainin[ tO package plant inscallacion and use. SECTION THIRTY-TVO: Subsection 8.2, Requir&nents, of Ordinance 87-15 ia hereby an4ndad as follo~l: aT A_,.~. t~tsiled site drainale plans shall be subsisted to the Co~nty Engineer for re~iev. No construction peruita shall be issued unless and until approval of the proposed construction In accordance vith the subuitted plans ia granted by the Go.ney Engineer. Bo The developer shall comply vith all water uanageueut devalopuent coutltneUtl as detailed in Section 22 of the DRI application an~ sufficiency reports. An excavation pernit Will be required for the proposed lakes in ·ccordance rich Collier Co~uL-y Owdinance f88-26, ~80-4&-as-enended-4~-Otdinanee-aOo3~-end-eo-seyobe De In addition to the development cogmitment described in the response to question 122.C. of the DRI appllcatioo, the developer shall be responsible for tho followin2 actions aloes ici entire Sloe& (Davis Boulevard) frontage: Dedication o! an 80 foot wide drainage easeeenc Coflstructiou of the uaJor drainage swale in the 80 foot drainage easeu~ut and box culverts under project access drives in accordance with the updated )lflater · lan for Varec Einagellent District ~6, if said inprovements ars required by the County Engineer and/or Board of County Counisalonerel Provision for, and preparation of, additional drainage asasuent(a) along the north aide of the drainage swale for construction of, ~nd use el · mintenance travel-ray. SECTION THIRTY-THREE: Section IX, Golf Course, Conmunity Center, Clubhouse, Iocrasttou, iud Open Space, of Ordinance 87-15 is hereby added as follmm: .,, l& ii SECTIO~ IX GOLF COUP, SEt COHNUIqI~ CEI~I'ERt CLUBHOUSEt RECRF. ATION, A/~ OPE~q SPAC~ 9,1 ~t ~ll of thtl iiCtt~ ti to li~ forth Golf ~urse~ ~niC7 CeuCeZ~ Clubh~le. Recreition and Open Space de~e~o~nc re ~ationm · ~$cmb~e co the Bretonne Pro~ecc. S ' PP ..... 9.2 ~SES Ho bulldins or structure, or pert thereoft shall bo erected, altered or usedt or land used in vhole or parcr (or ocher then the foll°V~.~Z: .... A. rrincipal Uses! Coif Course Vicar uana~eutnt facilities and essential ser~ices. Oe_~E~=~pace recreational uses and activities. Cosmunity ~uiidinS. Reeidentia! unite, Clubhouse B. Acceeso~r Uses: CultoUAt~,.lcceesor~ olio and ltructurel, Pro-shop?practice dr~vin~, fanes and other cuatouar~ accessory uses of ~olf coursest or other recreational feciliCies. ~a~Fons of ~he ~olf couFse ~ ocher peri:ced recreational facilities, subject to the pr~tstons of the a~ltcable lup~l~enta~ regulations of the ZontnS Ordinance o~ Collier C~ntT. Shuffleboard courts, tennis courts, svi~ini bocci, and other t~pei o~ facilities intended for outdoor recreation, St~ns as pestered b7 the Collier ~unty ~ntn2 OrdinanCe tn effect at the tim pe~tts are requested. 9.. 3_.:.. DZV£LOI~Z~f STAA'DAR~S A. Setbacks for Structures: ,Commnit7 Buildin~ and Gel! Clubhouse: 25 feet to the Coummity Center prepare7 line i0 feet to the nearelt paved drive or parkin~ space 25 feet to the nearest principal structure 0 feat to the lake provided architectural hank treatment is incorporated into the desire, otherwise 15 feet Eodel Residential Units Setbacks shall ha as set forth in Section 3.6 of this doc~aent. 3) Accessor~ Uses and Sttuctureot 10 feet to the property line 10 feet to the nearest paved drive or perkier e~eca 10 feet to the nearest principal structure a0 feet above the finished floor elevation of ~ structure UORDS ~DERLINKD ARE ADDITIONSI VeRDe ~ggFt-qq~6HoAiE DZLETIOHS. mm mm C. Required I~.dscepe SuEfer Areas ~en sbuttin~ relidenciall~, 'zoned Property' j~,, ~e~uirad b7 the earlier,, Count7 ZoninE Ordinance in a~fecc aC the tile pat-n~Cl a~e requested. ! Re~utrementss A site ~lan of the commm~tT be submitted in eCg%dance rich Sectt~ 2.5 of this document. The per~eter boundaries of suc~ ~lan Sha~ bi recorded ~n the sm n~.,nusr as a subdivision ~at', Overall site desi~ shal! be hat~nious in terms se ~andscaping~ ~nciqmura Of structures? location of access Streets and parkin[ a~eaa and ioca~on and creatsmn~ of buffer areas, F. LiKhtin~ ~acilitiee shall he arranged in a manner vh/ch ~ vil~'protect ~oad~'aTs and n~Nhbor~n~ pro~ertie~ direct ~lare or ocher interference. -- O_:. OfEstreet Parkin~ Retuira. entss 1. Cosnunit7 Center Sites one space per tvs h~ndred 2_, Golf Clubhouse Site: 36 p,9~k~ni spaces. Hods1 lashes Jhall be permitted vithin this project subject to the follovin~ prov~stons: a_:. E~dele mat be alloved to be constructed prior co recordtne of plata for Sreton~ Park. This sm~ be permitted .onl~ so Ion[ ~ no C.O.'s are [tm)ted and no access or, utilit~ easements, are [ranted prior to plat approval and prctvided that a sit~ development plan. in accordance vith Section 2.5¢ ~s ~pp~,oved p,rtor to buildin~ permit approval. bm Nodels ma~ bem peruittsd as either "d rl~ s~dals# .... or rich temporar? utilit~ syIFW (t.e. veil and fl~pttc tank/drainfield) prior to availabilit7 of Cent~'--' ~tilitl, ITJC~s in accordance vith ~ct/on 2.2 0 of this document. ~rior to recorded platst amies and bounds le~a~ dmscriptiOns shall,, be p,rovided. ~0 and a~ceptad by Collier Countr as sufficient for buildin[ psrnit issuance. de Tsuporat7 access and ut!lit7 easeuanCa Bay be ~r°videa in ileu of dedicated risht'Of-v~ys fo~ ~ngrese~ s~reas and utilitT service to uodel ho~ls. Site p1~n($) s.hall be s~bnitted at the tine of build/ns pat'nit application vhiC~ c0ntatn the information r~tuired under Section 2.$~ o~ th~ docuu~nt. f. Sales, narkettn=~t and aduiniatrative f~mctions ~ ars peraiciid to .'~cCur in deailnatad model homes vithin the preJeCt. I. T~porar~ unto such ~s conatruction and sales trailers ~ ' shall be permitted'sub,ecl t~ Section 10.6'of the Collier cou~tr Zon~ Ordinance* SEC'rIO:I( T%io Ordinance ahaXX become effective upon receipt of notice frog the Secretary of State chat thil Ordinance has been filed ~th the Secretary of State. 16 ~ASSED A/~ DULY ADOPTED by the Board of County Conttsf~fontrl of Collier County, Florida th~s~.-~day o! _~~~-- ..* 1988. BOARD OF ~ CO24HISSIOJ~ COLLIEIt~)UNTY, FlOP, IDA AFI'~,.OV~D AS TO lrOltiW, Ah'D ~ ~UFi~I. CIZNC'f: ASSISTAnt COLLIEP. COUNTY ATTOI~ET BRETOI~'NF. PARK PUD ORDINAHCE X, A1 Reynolds of l~ilson, Nlller, Barton, Soil and Peek ·nd/or C4orge Verzmdoe of Young, Van Aseinderp, Virnsdoe and Benton, se ~ensr or authorized agent for Petitions ?DA-88-5C and IX~A-88-2C, mires to the Sell.wing stipulations requested by the Collier County Planning CX~mLtssion in their public hearing on July 21, 1988. it. Petitioner shall be subject to Ordinance 75-21 [or the tree/ vesetetiofl ran. veX ordinance in existence st the tine of peruittinSI, requiring the acquisition of · tr6e reeK)va! perut~ prior to any land cleating. A site clearing plan shall be subuitted to the Natural Resources PLtna~euent Department end the Conunity Development Division [or their reviev and approval prior to any substantial york on the site. This plan may be eubuitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict hov the final site layout incorporates retained rmtive ye·station to the ~axinaun extent possible and hey roads, buildings, lakes, parking lots, and other facilities have been oriented to icc.un, date this goal. be Native species shall be utilized, ~ere available, to the nax~ma extent possible in the site landscaping design. A landscaping plan rill be submitted to the Natural Resources llau~geuent Department and tho Co~nun/ty Developme~t Division for their review m3d approvml. This plan viii depict the incorporation of native species and ti,ir ub~ vith other species, if any. The goal of site landscaping f~ha11 be the rs-creation oS m~tive vegetation and habitat characteristics lofJt on the lite during construct/on or due to past activities. Co de All exotic plants, as dill/nad in the County Code, eh~ll be rescued during each phase of construction frog developuent areas, open space areas, and preserve ar~te. Foil.vine site developueut a minctMace pr.ira shall be t~lemmted to prevent rs/evasion of the site by such exotic species. This plan, vhich v/11 describe control techniques and inspection intervals, shall be ailed vith nd apg, robed by the Natural Resources It·nag.usnr DepartBeut and the ¢oumunity Development ~lvision. If oep·ration during the course oS site cia·ring0 excavation, ~r otb,er constructional activities, an archaeologic~l or historicll site, artifact, or other indicator is discovered, all devalopMnt at thlt location shall be tm.diet,ely stopped and the Natural Resources Na~aSmnt Departsmut notified. h, flsmess ~he %~d and daCe~e the proper c~ree o% acCL~ An regard Co ica salvageabili~. ~e ~a~ural Re~rcos ~g~ent Oepar~nC will respond to any such no~l[ication in a C~ly and Ifflcisn~ u=tr fo ~ t:o pr~ide only a eintml ~CirrupCion Co any cons~nc~i~l fcCivl~iss. Littoral zonal aXonl lake usrgias shall be at · side slope ratio o! no less Chin 4:1 ouC to a depth of three feet £rou usaa low v. ater levels. W, ster m.~agesant designs shall pr~te store water runoff being channeled to and retained within wetland preserves. Pmtitioner will be subject to Ordinance 75-21 (or the tree/ v~tietltion removal ordinance in existence at the time of p.ruitting), requiring the acquisition of a tree renewal peruit p::ior to any lind clea~in$. Under the threat of destrncCion due to devslopnent, all protested plant species Bust be transplanted in undisturbed, preserve arm or areas sublect to the approval of NRND. Plante will be recosnise~ ~J protected if listed in the "Official Lists of Endinsered and Potentially Fadansered Fauna and Flora of Florida" (coeplled b~ tho Florida G~Bt ~ Fresh Wirer Fish Coumiseion) or any other Co~2Cy, State. or Federal lists that are officislly recoSnised for the pr,=tection of plant and/or animal species. Plant species to ba transplanted include but ira not linited to the followingc creeping orchid {Hibeniria ropen.~! butterfly'orchid (Encyclia t-eleCed"~ir plant (Tiliindsia flexuosl), golden P°ilYpody fern' (~lebodium aursmn). Ali ~ransplantings must be performed by qm~lified personnel subject to approval by NIL~D. All spiciness of the endangered cigar orchid (Cyrtopodium pu~ctatun) tms~ be reBec,ed and transplanted in areas subject to tho approval of NI~D. All transplantin$ Bust be by qualified personnel subject to approval of All four wetland areas shall be preserved, aa well aa the oak h~mnock arel found alons the northern boundary of the northeastetrn wetland preserve. Prior to any development of surrounding landm, the preserves shall be fla~ad; flat, lng boundaries shall be verified by HjOtO. A mtr~e~ shall be conducted Co verify tho presence or absence of Chi red-cockaded voodpecker~boraalis). If voo~lpickere are found nesting within the ~tha petitioner shall allow sufficient h~bitit to satisfy noettnA requirements, and the petitioner shall satisfy all County, State (Florida Cas~ and Fresh Water Fish Conmission) and Federal (U.S. Fish and Wildlife Service) stipulations concerning tho woodpecker or any other protected plant/animal species on alta at the time of peruitting. lie O® q® te The petitioner should lnveeti~te a prolr~ to reduce or prevent the sro~h of cattails (_TZ~..~_ 1. atifoli.a..) in the littoral shelf zone of lakes to be constru~e~-~i~hifi-the project. Petitioner should consider vesetatin$ et least portions of littoral shelf zone with native species of aquatic plants (NRND vo~ld be pleased to p:rovide pertinent literature and/or euGsestad species). For all the stipulations above (a.-l.) mutual a;reemanta nust be reached between NRND and perlonnel of the Bretonfle Park develolment. ~f mutual aareenente cannot be teethed, the matter wil! be brought before the EAt or whatever County environmental ravie~ board {)over at the time of disputes{ this Sovernin$ entity viii ICC at an ftrbitrator for disputes. If arbitration ia futile, the ~atter be brousht before the Board of County Comtiselonerawho will act es the final arbitrator. Detailed site drainaXe plane shall be aubnitted to the County Zn~inssr for review. Xo construction permits shall be issued unless end untii approval of the proposed conatruc¢ion in accordance the aulmitted plans is srantad by the County ~n$ineero ~npliance erich all water managenent development comaitmenta an d,etalled in Section 22 si the D.~.I. Application and ~u~lciency R~ports. ~t Excavation Permit will be required for the proposed lakes in accordance ~ith Collier County Ordinance No. 88-26. In addition to the development comni~nent described with resp~nne to ~estion No. 22.C of the D.R.I. Application, the Developer shall ba r~sponstble for additional drainase improvements aloes entire frontage in accordance ~th Secti~ VIII, 8.2 Requir~nta, Paragraph i of the r~ised P.U.D. ~c~t. The Utilities Division stipulations par their name dated Hay 1988. o septic tanks and drainfields are to be perttttsd. Ao~pocan:t. water veils are to be pe~tted, ~.1 h~l are~M~tted to. If a ve~eCaCive barrier is placed aro~d the pac~e trea~nt · pl~m~ a~/or land diepo=al ar~, tt I~11 be located ~ a ~tlr ~ ~a no~ ~o effec~ the proper oper~Ci~ of the ~rea~n~ process. Thu petitioner shall cm~ply with the appropriate eat back diet,utes fr~ stats waters when applicable. Addition~lly, the d~el~er c~ly s~ll with all Florid~ Deparmn~ of ~ro~ntal Rei~lationl and Florida ~m~istrativa C~el perta~ins to packale ... The petitioner shall locate the land application site ivey ~rc~ any drainais ditch and/or swale that nay affect the proper operation o! the land disposal lite. All "deed-end" cul-d,i-sac etreatl over l,~O0 feet in length Ihall hav(i a secondary leans of acre,la for ~nergancy vehicles. These accllla routet shall be Ihovn au the PUD ltaetar Plan. A eidevalk/bikapath plan shall be subnttted to the Subdivision Reviev C~nmtCCee for reviev/approval on a regularly scheduled leering prior to constriction/plat approval for the first phase of coui tr~c ties. The principal street betveen Davis Boulevard and Radio Road nay be pernitted vith local road cross section rather than the previously required ainor collector troll section e~1~ ~-f -'' ..... "' The requested ZxcepCioul to the Subdivision RalulatLonl Casco/on 2.b of the P.U.D. doculenC) say be approved as raquestod subject to the ~bova eCi~uLationa (v., x., y.). Under Section 2.6.H. (of the P.U.D. doc~ent) pr/vats drives are $~rnittad to be 20' in vidth, This may only be permitted if no c:on~lict occurs rich the County Zoning Ordinance. bb. CC. Ihs P.U.D. document (Section 9.3.B.) stJtsl that ~ogel ho~m say be paraittad prior to platting. This say be peraitted only so long as no C.O.'I are grented and no access or utility saeenentl ars lrantad prior to.~l~g=and provided that i lite development plan, in accordance vi£h~Section 2.5C, is aPproved prior to building pariit apprczval. ~1,+ &sand Utility stipulation regarding the effluent tank Co allmt the option of a pond, subject to verification that the Utilities D:tvilionhal no objection. dd. Aamnd the ~aeter Plan Co show an ensrgency scotia route fro~ tho Icmg cul-de-sac on the eastern side of the project across tho gol£ cc~ria area to the road into the R-2 tract, ea. Regarding tho various preserve arena in the project, dsaiinatn then on the golf course plans and final plata as preserve/ conservation areas. "'~.~Delets the..p.~oposad lan~asl~ down aon~ 0%" Delete the proposad (enending) len~ila regarding red-cocksded vo,0dpsckars (D.O.). SEAL 1988. NY CC~I'g~$SION EXPIRES: 1~A-88-.5C AsreeMnt Sheet ORDER DEVELOPHE{,"I' ORDER OF Tile BOARD OF COUNTY COMMISSIONERS OF COLLIER COUWrY, FLORIDA AMENDING DEVELOPMENT ORDER 87-2 FOR BRETONNE PARK PLANNED UNIT DEVELOPMENT LOCATED IN SECTION 5, TOWNSHIP 50 SOUTH, RAJ{GE 26 EAST, COLLIER COUNTY, FLORIDA; WHEREAS, Vines and Associates, Agent, for National Trust Company Applicant, filed on May 9, 1986, wl~h the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as, Bretonne Park Plannt~ Unit Development in accordance with Section 380.06(6), F~orida S~atutes! and ~IiEREAS, Vines and Associates have obtained all necessary approvals and conditional approvals from the various Collier County ag~ncies, departments, and boards required as a condition to Planned Unit Development (PUD) zoning and DRI approval~ an~{ WHEREAS, the Board of County Commissioners as the governing bo~y of the unincorporated area of Collier County having Jurisdiction pursuant to Chapter 380.06 is authorized and empowered to consider Applications for Development Approval (ADA) for Developments of Regional Impact~ and WHEREAS, the public notice requirements of Chapter 380 and tho Collier County Zoning Ordinance have beon satisfied{ and ~{£RSAS, the Collier County Planning Commission has reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and held & public hearing on the ADA on March 5, 1987, and WHEREAS, the Board of County Commissioners has passed Ordinance 87-15 which rezoned the subject property to PUD; and WHERF~%S, Bretonne Park ADA is also part of an overall rezoning application by the dsveloper~ and the issuance of a development order pur~uant to Chapter 380.06, ~at~tes, does not Development Order for Bretonne Park 08-26-88/~ Hard/Develop.clr constitute a waiver of any powers or rights regarding the l~suance of other development permits by the County or State; and W%I~REAS, on April 7, 1987, the Board of County Commissioners, at an open h~aring in accordance with Section 380.06, ~lor~a ~tutes, considered the application for Development of Rigional Impact submitted by Vines and Associates, Aglnt~ the report and recommendations of the SWFRPC; the certified record of the documentary and oral evidence presented to the Collie= County Planning Commission; the report and recommendations of the Collier County Planning Cu!~ission; the recommendations 9f the Collier County Staff and Advisory Boards; and the comments upon the record mad.u befor~ this Board of County Commissioners at said melting, and adopt~adDevelopment Order 87-2, which included Findings of Fact and Conclusions of Law~ and WHEKEAS, Leisure Technology of Florida, Inc., has acquired the Subject Property known as Bretonne Park and has requested the Board of County Commissioners to make certain changes to the PUD, which the Board has approved by its adoption of Ordinange 88- ~7; a~ WHEREAS, said changes necessitate certain changes to Dev~lopment Order 87-2, and the Board of County Commissioners, at an open-hearing in accordance with Section 380.06, Florida Statutes, considered the Petition of Owners, the staff recommendations and the recommendations of the Advisory Councils and, the Collier County Planning Commission, and the record at the public hearing, and hereby makes the following Findings of Fact and Conclusions of Law= FINDINGS OF FACT 1. The real property which is the subject of the ADA ~s legally described as set forth in Exhibit A, the Plannl~ Unit D~velopment Document for Bretonne Park attached hereto and by reference made a part hereof. The application is in accordance with SectLon 380.06(b), Florida Statutes. THe applicant ~ubmitted to the County an AC~t and sufficiency responses known as composite Exhibit 8, and by reference made a part hereof, to the extent that they are not inconsistent with the terms and conditions of this Order. The applicant proposes the development of Brstonn~ Park Planned Unit D~velopment, for 333.48 acres which includes: 11.5 acres with a maximum of 130,000 t~quare feet of commercial, 1,380 dwelling units ~n 138.7 acres, and approximately 145.4 acres of other uses including parks/open space, eighteen (18) hole golf course, wetland preserve, and lakes. The Development is consistent with the report: and reco~mendations of the SWFRPC submitted pursuant to Subsection 380.06 (113, Florida Statutes. The development will not unreasonably interfere with the achievement of the objectives of the adopted State Land l~velopment Plan applicable to the area. A.comprehensive review of the impact generated by the development has bean conducted by the appropriate County departments and agencies and by the SWFRPC. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. T.he development is consistent with the land development r,egulations of Collier County. 031,,:,:257 CONCLUSIONS OF ~.%W NOW, THEREFORE, BE IT RESOLVED by the Board of County C~miseioners of Collier County, Flcrida, in public meeting, duly constituted and assembled , 1988, that the Bret0nne Park Development of Regional Impact Application for Development approval previously approved subject to the conditions rec=~mended by the SWFRPC or in response to their recommendation and the commitments specified in the PUD which were adopted as conditions of approval is hereby amended as follows: 1. 0RAINAGE/WATER OUALITY: a. All commitments provided within the Brstonne Park ADA and supplemental sufficiency documents, with respect to Question 22 (Drainage), shall be incorporated as conditions for approval. An on-going maintenance, maintaining, and sampling program that regularly inspects, maintains and samples the stormwater drainage system shall be implemented by the applicant, or his successor, through the project's lifetime. The applicant, after finalizing development 91aris for the Neighborhood Commercial parcel, shall coordinate with the Collier County Department of Environmental Regulation (FDER) for the provision of temporary transfer/storage or special and hazardous wastes, as classifl¢~d by FDER, that are generated by th~ development. ~e project will be an all electric develop=ent which will increase the energy demands of the R.gion. The energy conservation measures committed in the ADA to reduce the impact of the i~creaeed energy demand shall be adhered to. TRANSPORTA?ION~ The Development shall mitigat~ its impacts on the roadway segments and intersections "significantly impact~d" by the development (as that term is defined here£n) as follows= The County has adopted a Road Impact Fee Ordinance (Ordinance #85-55) and the Developer, oF itl successors, shall pay the impact fees epe~:lfied thare£n or as amended, for all development at Bretonno Park. Those impact fees, to~ether with that portion of gasoline taxes and ad valorem taxes generated from the project, and programmed fo~ road improvements, to~ether with the dedications and other contributions specified herein, shal~ mitigate th~ transportation impacts reasonably attributable to the development. Should the Board of County Commissioners detar~ine the above cited impact fees, local gasoline taxes, and ad valorem taxes, shall not be applied to State Road 84, and the County commits to assist the Stat. in maintainl~g an acceptable level or service of State Road 84, then the Developer, or its successors, shall p~y its proportionate share of the improvements needed to maintainLevel of SoL. ice #D#, on peak hour daily basi~, for the segments of State Road 84 ~ignificantly impacted, as part of a duly adopted area wide funding program. Any payments made shall bo deemed to be non-site related and subject to a determi~atio~ of credit against local impact fees required of the Developer. Ce The applicant shall be required to pay for any project related intersection improvements (including but not limited to signalization, turn lane, s and additional through lanes} found to be necessary by the Collier County Transportation Department or Florida D~partment of Transportation fo~ the project's access intersections onto Davis Boulevard and Radio Road throughout all phases of the development. de Adequate commitments shall be made to provide the total improvements, including right-of-way, signalization, turn lanes, and other lmprov(l~ents necessary to maintain Level of Service WD#, on peak hour daily basis, on the roadways and Intersections significantly impacted by this DRI development through its buildout. The developmentes impact shall be deemed significant when its total traffic using a roadway or intersection exceeds 5% of th~ road or int~rsection capacity at Level of Service "D", peak hour daily basis. Collier County Shall commit to the programming of such improve~ents in a timely manner, and to the funding of such improvement~ with appropriate applications of public funds and/or proportional share payments collected from this DRI development in accordance with provisions of the Collier County Impact Fee Ordinance and State statutes and rules. The programming or funding of such improvements on the state highway system shall bo coordinated w~'th the Florida DOT and with the programming of State Primary Highway ~unds in Collier County. Subject to redetermination of transportation impacts and calculation of proportional share payments based on the monitoring studies specified in 3.f., the follovtng roadways and Intersections are expiated to be substantially impacted by hie development at its buildout: SR 84 (Davis Boulevard~ - Airport-Pu11~ng Road to Kings Way - Kings Way to County Barn Road - County Barn Road to Santa Barbara Boulevard - Santa Barbara Boulevard to CR 856 (Radio Road) - Radio Road to CR 951 (Isle of Capri Road} CR 31 fAtuoort-Pulltno Roadl - CR 886 (Golden Gate Parkway) to Radio Road CR 856 fR,adio Road) - Airport-Pulling Road to Kings Way - Kings Way to Bretonne Park Entrance CR 864 CR~ttlesnake Hammock Road} - County Barn Road to Polly Avenue - Polly Avenue to CR 951 Intersections - Davis Boulevard at CR 951 - Davis Boulevard at Radio Road - Davis Boulevard at Santa B~rbara Boulevard - Davis Boulevard at County Barn Road - Davis Boulevard at Kings Way - Davis Boulevard Airport-Pulling Road - Airport-Pulling Road at Radio Road - Radio Road at Kings Way - County Barn Road at Rattlesnake Ha~ock Road Prior to the approval of any land uses Indicated In the ADA, for Phases III through V of Bretonne Park (scheduled to begin in 1991), the applicant shall prepare and submit a revised transportation analysis to the Naples Area (Collier County) Metropolitan Planning Organization, FDOT, DCA and Southwest Florida Regional Planning Council. The revised analysis shall include only existing roads and programmed road improvements with committed funding, or planning roads with right-of-way assured through ordinance, and will reassess the transportation Impacts of Bretonns Park DRI Phase~ III through V. The report will be equivalent to an update of the applicant's ADA assessment of Question 31 in the DRI questionnaires, documenting commitments in approved planning programs to fund future roadway Improvements required during Phases III through V. Approval or approval with conditions for Phases III through V will be decided by the County, based upon the results of this reanalysis and considering any review and recommendations provided by the Regional Planning Council and other transportation review agencies. The timing for the Initiation of the lmprovaaents outlined tn recommendation SdS above shall be at the time that a road segment/intersection is found to exoeed L~vel of ~ervlce "D#, on peak hour dally basis. Service Level determination shall be by the appropriate county Department or FD0~. To determine the existing levels of ~rvice on impacted facilities and the need for the improvements In a timely manner, the applicant shall submit an annual monitoring report to the Collier County Transportation Department, FDOT and the Southwest Florida Regional Plannimg Council for review. The first monitoring report shall be ~ubmitted owe year after the issuance of the first building ps,lit for Bretonne Park. Reports shall be submitted annually until bulldout of the project. At a minimum, this report shall contain traffic counts taken at the accel~s points to the site and turning movements to each of the intersections listed abo~e in recommendation The purpose of the monitoring report shall be to indicate which LOS #D# is expected on impacted roadways and/or intersections and to provide updated information to more accurately forecast project buildout traffic and total traffic for determination of proportional share, and to show the significanc~ of ~mpact of the DRI on the impacted roadways. Based on the staff transportation assessment, construction of the following road lmprov~lments shall be needed consistent with the development of Bretonne Park DRI if Level o~ Service eD" conditions are to be maintained. Reaignal and Local Roadways (including intersection lmprove~mnts) Phase I (1988 - 1991) Santa Barbara Blvd. to Bretonne Park are anticipated. Phase II (1990 - 1993) SR 84 (Davis Boulevard Phase III (1992 - 1995) SR 84 (Davis Boulevard Widen to four (and possible six) lanes with a median from Airport-Pulling Road to Kings Way Widen to four {and possibly six) lanes with a median from Kings Way to Bretonne Park Entrance/County Barn Road. Widen to four lanes with a median from Santa ~arbara Boulevard to Radio Road, Widen to four lanes ~fith a median from Radio Road to CR 951, Phase IV (1994-1997) Red;lo Road Hay require widening to six lanes with a median from Airport-Pulling Road to Kings Way. Alrt,ort-t~llling Road 10 Widen to eight lanes from Golden Gate Parkway to ~tadio Road (Alternatively, investigate the feasibility of constructing Livingston Road to four lanes divert traffic away from Airport-Pulling Road on this segment). Rattlesnake Hammock Road Pha~s V (1946 - 1998) SR 84 (Davis Boulevard) Nay require widening to four lanes with a median fro= County Barn Road to CR 951. The segment directly east of Airport-Pulling Road may require eight laning du~lng this phase. Hay require widening to six lanes with a median from Brstonne Park entrance to Santa Barbara Boulevard. Radio Road Hay require widening to slx lanes with a m~dian frc~ Kings Way to Bratonne Park entrance. County Barn Road May require four laning from Davis Boulevard to Rattlesnake Hammock Road. If annual monitoring reports conflr~ that Level of Service "D", peak season peak hour, conditions are being exceedt~d on the regional roadways Indicated above, and the project is utilizing moro than five percent (5%) of this Level of Service #D# peak season peak hour capacity~ and (a) If any roadway improvement necessary to r~turn to Level of Service #De, peak season peakhour, or better condition is not programmed on the applicable MPO or collier County five year 11 (c) (d) traffic improvement plan with identified fundlnq~ or if such programmed improvement is deleted from said five year traffic improvement plan~ or if five years pass without tho start of construction of said improvementl or if the lavel of service on any said roadway segment/intersection exceeds Level of Service "O# on a peak sea~on peak hour basis prior to the construction of the programmed tmprovemsnt~ then a substantial deviation shall bs deemed to have occurred. The Developer may continue development during said substantial deviation DRI review until an amended Development Order is issued, provided that the amended Development Order is issued within six (6) months of the date of notice that a substantial deviation has occurred. If an amended Development Order is not adopted within six (6) months, then building permits shall cease to be issued until an amended Development Order is adopted which adequately mitigates this project's impacts on the regional roadways and intersections specified herein, l%lrther development will be authorized and conditioned by the amended Development Order. If the same conditions occur except that the Developer has paid his proportional share of the coat of said roadway secant: or intersections, either through advance payments or through accumulated payments of County 12 impact fees, then a substant.%al deviation determination s~,all be made by Collie= ~ount¥ addressing thJ status of the nseded roadway improvements, and the steps needed to implement these improvements. The Develope=~ay continue development during the substantial deviation review until an amended Development Order ts issued, provided that the amended Development Order is issued within one (1) year of the date the substantial deviation determination ts made by Collier County. Further development will be authorized and conditioned by the final amended Development Order. VEGetATION AND WILDLIFE~ The applicant has identified the potential for ceL-taln species to e):tst tn preservation areas on the site. The primary Issue of regional concern is project impacts to 6 species of plants and 13 species of animals which are endangered, threatened, or are species of special concer~ that may grow, feed, nest and breed on the Bretonne Park site. The applicant shall adhere to the ADA commltment~s~ as updated by the revised Master Development Plan and Amended PUD for upland greenbelt areas, cypress wetlands and seasonal pond preservation areas and creation of lake littoral zones. A survey for any eagle and red-cockaded woodpscker nesting activities shall be conducted prior to ¢:ommencement of development. Copies shall be sent to (:oilier County, the SWFRPC and Florida Game and Fresh ~ater Fish Co~lssion. The applicants ADA commitments to rsmov~ and control melaleuca throughout the site shall be adhered Work crew supervisors working close to planned preserve areas shall be encouraged to take precaution in order to minimize wildlife disturbances. The Bretonne Park site contains a total of 10.26 acres o£ natural wetlands and a 3.1 acre manmade borrow pit. The combined natural and manmads wetlands account for approximately 13.36 acres or four percent (4%) of the total site. The applicant proposed to preserve all on-site wetlands and to create additional wetlands through the constz~/ction of lakes for surface water management purposes. a. T~e applicants ADA commitments to wetland preservation, wetland mitigation, and water management design shall be adhered to. Exotic plants in wetland areas shall be removed and controlled. The overall ecological integrity of the wetland preserve areas shall be continuousl?maintainsd. The project shall contribute as required to ~efra¥ its proportionate share of land or monies needed to accom~lodate the £mpact of development on education, in accord with any ordinance applicable to all DR! and non-DR! developments in the impact area. 14 7. FIRE PROTECTION: Ae Fire sprinklers should be included ~hroughcut the commercial portion of the project and in common areas o£ the residential portion if required by applicable fire codes. The project shall participate in lawfully adopted, generally applicable fair share requirements to fund fire control district personnel needs in order to m.~tigate project impacts. The applicant shall meet with appropriate fire district r~presentatives during site plan review in order to incorporate any required access features into t he overall project design. 8. REC~EATION AND OPEN SPACE: As determined during site plan review and as environmental conditions allow, all passive recreation/open space areas should permit maximum access through the provision of bike paths, jogging trails, nature walks, etc. Ae The applicant and subsequent tenants of the project should investigate methods of reducing solid waste volume. The applicant and subsequent tenants should identify the proper on-site handling and temporary storage procedures for any hazardous waste that may be generated on-s~ts, in accord with local, regional and state hazardous waste 15 p~oqrams. 10. WA!LT~: ae In the event that project development is initiated prior to be availability of county sewer service and a temporary sewage treatment plant is developed on-site, the temporary plant shall only be operated until county sewer service is available at which time the project shall be connected to the county system and the temporary plant dismantled and removed. Ce Stabilized sludge from the temporary plant shall be disposed of in a manner approved by FDER and the county. If any uses within the commercial area alter the e~q~ected characteristics of ordinary domestic waetewater, the applicant shall provide assurance tha~ any wastewater containing hazardous waste will be segregated from everyday wastewater. 11. WATEr: Water conservation measures and practices should be utilized in the Bretonne Park project. At a minimum, water conservation devices described in the Water Conservation Act must be used, landscape irrigation should be restricted to the hours of 5 p.m. to 9 a.m., and non-potable water sources should be utilized for irrigation where possible. 12. CONSISTENCY WITH THE [DC;%L COMPREHENSIVE PLANs The project is located within an area currently designated as urban by the Collier County Comprehensive Plan, which is consistent with the approved Bretonne Park HasterDevel¢,pment .... Plan and PUD document. 13, PH~ING/A~OR~IO~ ~C~DUL~ The phasing/absorption schedule for the project follows: Year Number of Units -1989 35 -1990 125 -1991 223 -1993 378 -1995 232 -1997 240 -1998 147 14. P.U.D. DOCUMENT. The amended Bretonne Park PUD document and Master Develol~aent Plan, as amended, as those documents may be officially modified from time to time, are hereby incorporated ~n and made a part of this Development Order and are entitled Exhibit #A#, attached hereto. . BE IT FURTHER RESOLVED, by the Board of County Co~missioners of Collier County~ that: All commitments and impact mitigating actions provided by the applicant in the Application for Development Approval and supplemental documents and the Application for Public }{earing for rezoning and supplemental documents that are not in conflict with condit~ons or stipulations specifically enumerated above are hereby adopted to this Development Order by reference. T~e Community Development Administrator shall be the local official responsible for assuring complianc~ with the Development Order. This Development Order shall remain in effect for the duration of the prelect. Howevsr, In the event that significant physical development has not cor~enced within five (5) years of the adoption of this amendsd Development Order, development approval will terminate and this development order shall no longer b~ effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of county Commissioners upon request by the Dlvelol)er In the event that uncontrollable circumstances delay the commencement of development. Pursuant to Section 380.06 (15) (C)3, Florida Statutes (1987), this project is exempt from down zoning or intensity or density reduction for a period of sev~ln (?) years from the date of adoption of the amended Development Order, subject to the conditions and limitations of that Section of the Florida Statutes, provided that phy[~lcal development commences within five (5) years as provided in Section 3 hereof. The applicant or their successor(s) in title to the subject property shall submit a report annually, commencing one year from the effective date of this d~velopment order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional ~lanning Council, and the Department of Commu~ity Affairs. This report will contain the information ]:equired in Section ~B-16.25, Florida Administrative (lode. Failure to submit the annual report shall be governed by Subsection 380.06 (16), Florida Statutes. ~:ubsequant requests for davelopmsnt permits shall not rsquire further review pursuant to Section 3S0,06, F~orida Statute., unless it is found by 'the Board of County Commissioners of Collier County, after due notioe and hearing, that o.e or more of the foliowlr~g II pr.senti A substantial deviation from the tumor conditions of this development order, a substantial deviation to the project development phasing schedule, as modified, or substantial deviation from the approved development plans, as modified, which create a reasonable likelihood of adverse regional impacts or other regional impacts which were ~ot evaluated in the review by the Southwest Florida Regional Planning Councll~ or be An expiration of the period of effectiveness o~thie development order as provided her~n. Upon a finding that either of the above is presented, the Board of County Commissioners of Collier County shall order a termination of ell development activity until such time al a new DRI Application for Development approval has been submitted, reviewed and approved in accordance with Section 380.06, Florida Statutes. The approval granted by this D~velopment Order is limited. Such approval shall not be construed to obviate the duty of the applicant to comply with all other applicable local or state permitting proceduree. The definitions contained in Chapter 380.06, ~ tLt.~;MJlI~, shall control the interpretation and construction of any terms of this Development Order. 19 ,o,, This Order shall be binding upon the Devslop,~r, assignees or successors in interest. 10. It is understood that any reference herein to any govsr nmental 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. 11. 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 force and effect. 12. This resolution shall become effective as provided by ~w. 13. Certified copies of this order are to be sent immediately to the Department of Community Affairs, Southwest Florida Regional Planning Council. PASSED AND ADOPTED this 23rd day of August 1988 · BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIIDL~N 2O STATE OF FLORIDA ) COUNTY OF COLLIER ) X, JAHES C. GII,ES, 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. 88-67 which was adopted by the Board of County Commissioners on the 23rd day of August, 1988, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 8th day of September, 1988. ' JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of " Co~u~iss loners Deputy Clerk ', / !