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Ordinance 88-085 olomJJ~Z 88-j1. CIL~qGI~G THE ZOIIZI~G CLASSYIrXCATXON O~ O~I(PRXVA~) ~ DAY CotmboLouerJ of Co11Ler County, FLorXh: Th4 Zoahs Cl~sXfieJtLou of the bereiJt deoerLbod r~X propErrty Xocsted xn section 26, Tmmsh/p 48 South, hnSe 25 E~t, Cot_t_4_e~ County, YlorJJh JJ chinsed rrm A-2 ddlD ISFo3 to "?UD# fXsmwd thit DE~elopmme Ln ~ccordnce vXth the IK3D documut Ittichod hereto REZONE PETITION FP. OH A-2 RURAL AGRICUL~IJRE AND RSF-3 *SINGLE FAHILY RESIDESTIAr, 1~O PUD (PLAt~rJED UNIT DEVEf-OPr4ENT) DR. JOHN A. I4cCOY, TRUSTEE HEALTH CARE ASSOCIATES, ltiC, P,O. BOX g01g 20 3rd STREET MINTER HAVEN, FLORIDA 33883-9019 HOLE, MONTES AND ASSOCIATES 715 10TH STREET SOUTH NAPLES, FLORIDA 33940 ,PL,~HN I N~ COH .S. ULTAH'~ NENO J. SPAGNA, AICP, PRES. FLORIDA URI)AN INSTITUTE, INC," NAPLES~ FLORIDA 33964 ENVI BOHlklKHTA~ CONSULTAN~ KEVIN ER#IN CONSULTING ECOLOGIST, 2077 BAYSIDE PARJ~WAY FOR'I'f(YERS, FLORIDA 33901 DATE ISSUED DATE APPROVED BY CCPC DATE APPROVED BY BCO ',,ZJ~U/U~ ORDINANCE NUPIFlER 88-85 APRIL 1988 FINAL REVISION OCTOBER 26, 1988 ~ABLE OF_CONTENTS SUnJ ECT PAGE ~#ugR TAIJLE OF CONTENTS**.****** ......... ,., .... ,.*., ............ ***** SECTION 1 ...... ** ................... ,...*,***.,, ....... *,******* i,1 1,2 1,3 1,4 1,'/ PURPOSE..* ............. ,******************* ......... ******* '1' LEGAL DESCRIPTION** .... ********************** .... ********** olo PROPERTY OWNERSHIP, ..... , ..... o************ ......... ******* -2- GENERAL DESCRIPTION OF PROPERTY********* .............. ,,*** -2- CURREHT ZONING ................. , .... **** .................. , -2- CO~tPREHE~SlVE PLAN ............... ******* ................ *** -4° PHYSICAL DESCRIPTION ................. , ................. **** -4- SECTION 2. (PROJECT DL'VELOPMF, HT) .......... ** ............... ***** 2,1 2,2 2,3 2,4 2.5 2,6 2,8 2,9 2,10 2,11 PURPOSE .......... ************************** .... *********** GENERAL .......... **, .As . PLA. ::::::::::::::::::::::::: ::::::::::: ::: -5- PHASES OF DEVELOPHKNT..., ....... ************************** SITE PLAN PROCESS*** ........ ***** ...... **** ..... *******,,, -6' SITE DL'V~LOPMEH? PLAH APPROVAL PROCESS* , ...... *********** -6' HAINTENAHCE OF COI4PION AP. EAS*******~.., .... , ......... ****** '6- POLLING PLACES ~ 7 IESUANCE OF FINAL CERTIFICATE OF OCCUPANCY** ........... ,.. -7- HAXIHUM HUHBER or DWELLING UNITS.,**.*** .................. -7- SECTION 3 LAND USE REGULATIONS FOR SUBJECT PROPERTY ....... ,**, -8- PURPOSE .............................. · ...... PERMZTTED ACCESSORY USES AND STRUCTURES ................ *** -8- PROIlIBITED USES AND DEVELOPMENT STANDARDS ................. , .............. ,,,,, -9- ~Jf~lOIl 4 GENERAL DEVELOPMENT REQUlKFJqENTS, , ............. , . . , , -11- ~'4~2 4,3 4,4 4,5 4,6 PURPOSE .... ACCESS TO PROPERTY ................. · ..................... · PRIVATE ItOADS********** ............. **** ............ ****** olio SOLID WASTE DISPOSAL**** .... · ...... ********* .... · .... ***** oI1- ELECTRICITYw TELEPHONEr CABLEVISION*** .................. ** gECTION 5 DEVELOPMENT COH.14ITI4ENTS .......... ,, ...... , ..... ,,,, -12- ENVIRONMENTAL PROTECTION ............ ,.,,*, .............. -ti- 5ECTION 1 ~?~RPOSE PURPOSE OF 'Fills SECTION IS TO SET FORT~ THE LOCATIUN AND OWNERSHIP OF TIlE PROPERTY, AND TO DESCRIBE THE EXIt;TING CONDITIONS OF TNB PROPERTY PROPOSED TO DE DEVELOPED UNDER THE PROJECT NAME OF SURREY PLACE CONVALESCENT CENTER. ~GAL DESCRIPTION LOTS 1, 2, 3, 4, $ AND 6 OF SOUTJlMIND ESTATES ACCORDING TO TIiR PLAT ~E~OF ~ORD~ IN P~T B~E 11 AT PAGES 16 AND 17 ~ ~E PUBLIC R~O~S OF COLLIER C~, F~RIDA. AND PARCEL cA' A PARCEL OF LAND lOCATED IN THE NORTHEAST 1/4 OF THE RORTHMEST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST~ COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSI COHAISEHCE AT THE NORTHEAST CORNER OF THE NORTHMEST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COURTY~ FLORIDA, THE SAME BEING A POINT ON THE NORTHERLY RIGHT-OF-MAY LINE OF IM~4OJ~ALEE ROAD, S.R. S-846, A 100 FOOT RIGHT-OF-MAY, THENCE RUN S. 00.36049* E. ALONG THE EAST LINE OF THE NORTBtIEST 1/4 OF THE SAID SECTION 26 FOR A DISTANCE OF 100,00 FEET TO A POINT ON TJiE SOUTHE~tLY RIGHT-OF-WAY LINE OF IHJ4OKALEE ROAD AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THENCE CONTINUE S. 00 36*49' E, ALONG TIlE EAST LINE OF TIlE NORTHMEST 1/4 OF THE SAID SECTION 26 FOR A DISTANCE OF 250.01 FEET TO THE NORTHEAST CORNER GL~ lOT 6 OF SOUTHWIND ESTATES ACCORDING TO THE PLAT THEREOF RECORDED PLAT BOOK 11 AT PAGES 16 AN 17 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FIORIDA~ THENCE RUN S. 89 56e 15' M, AloNG THE NORTH LINE OF THE SAID LOT 6 FOR A DISTANCE OF 150.49 FEE? TO THE NORTItMEST CORNER OF SAID lOT 6 AND A POINT ON TIlE EASTERLY RIGHT-OF-MAY LINE OF PARNU STREET, A 60.00 FOOT RIGJIT-OF-MAY~ TIlE SAME BEING A POINT ON A CIRCULAR CURVE CONCAVE TO THE MEET, MHOSE RADIUS POINT BEARS N. 85 33' 06' M. A DISTANCE OF 510.00 FEET THEREFROMI THENCE RUN NORTHERLY ALONG TJ[E ARC OF SAID CURVE TO THE LEFT, Tile SAME BEING THE EASTERLY RIGHT-OF-MAY LINE OF PARNU STREET, HAVING A RADIUS OF SI0o00 FEET, THROUGH A CENTRAL ANGLE OF 04 30* 39m~ SUBTENDED BY A CHORD OF 40.14 FEET AT A BEARIIJG OF N. 02 11' 35' E.~ FOR A DISTANCE OF 40.15 FEET TO TIlE END OF SAID CURVE! TR~E RUM 00 03' 45~* M.~ ALONG THE EASTERLY RIGHT-OF-WAY LINE OF I~ARNU STREET FOR A DISTANCE OF 209.89 FEET TO A POINT O# THE $OUTIIERLY RIGHT-OF-krAY LINE OF IMMOKAL, I~E ROAD! THENCE RUM 89 $6* 15~* E. ALONG THE SOUTHERLY RIGHT-OF-MAY LINE OF IPIPiOI~ALES ROAD FOR A DISTANCE OF 146.51 FEET TO THE POIIFT O# BEGINNING. -1- ! · S AIGD PARCEL A PARCEL OF LAND LOCATED 114 THE FIORTTIEAST 1/4 OF THE NORTH1~KS? 1/4 OF SI~"TIO. 26, TOWNSIIIP 48 SOtlTJl, RANGE 25 EAST; COLLIER COUNTY, FLORIDA, BEING )lORE PARTICULARLY DESCRIBED AS FOLLOWEr COI414ENCE AT THE NORTIIEAST COIU~ER OF THE NORTIlt/EST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RAFIGE 25 EAST, COLLIER COUNTY, FIORIDA~ TIlE SAI4E BEING A FOINT O14 TIlE NORTIIERLY RIGHT-OF-MAY LINE OF IP. NOI~AI, EE ROAD, S.R. S-846; A 100.00 FOOT RIGHT-OF-#AY, THENCE RU14 S. 00 36* 49° E. ALONG Tile EAST LI14B OF TIlE NORTHI~EST I/4 OF TIlE SAID SECTION 26 FOR A DISTANCE Ol 100.00 FEET TO A POINT O14 THE SOUTHERLY RIGHT-OF-NAY LINE OF IH~4OKALEE ROAD~ THENCE RUN S, 89 5&e 15~* #. ALONG TIlE SOUTHERLY RIGliT-OF-#A~' I, INE OF I)U'IOI~ALEE ROAD FOR A DISTANCE OF 206.51 FEET TO A POI~iT ON THE ~rESTERLY RIGHT-OF-)IAY LINE OF PARNU STREET, A 60.00 FOOT RIGIIT-OF-WAY; AND THE POINT OF BEGINNING OF Tile PARCEL OF LAND HEREIN DESCRIBED! THENCJ~ RUN S. 00 0:3* 45" E. ALONG THE I~ESTERLY RIGHT-OF-WAY LINE OF PARNU STREET FOR A DISTAI~CE OF 209,89 FEET TO TIlE BEGINNII~G O~ A TANGENTIAL CIRCULAR CURVE CONCAVE TO TIlE I~ESTI THENCE RUN SOUTHERLY ALONG TIlE ARC OF SAID CURVE TO TIlE RIGIIT; HAVING A RADIUS OF 450.00 FEET~ TIIROUGH A CENTRAl, ANGLE OF 05 060 SUBTENDED BY A CHORD OF 40.15 FEET AT A BEARING OF S. 02 40' H., FOR A DISTANCE OF 40.16 FEET TO THE NGRTIIEAST CORNER OF lOT 5 OF SOUTHI~IND ESTATES ACCORDING TO THE PLAT 'r~EREOF RECORDED IN PLAT BOOK 11 AT PAGES 16 AND 1'/ OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE RUN S. 09 560 M. ALONG THE NORTH LINE OF ~ 1; 2, 3, 4~ AND S OF SOUTIi~IIND ESTATES FOR A DISTANCE OF 1114.95 FEET TO THE NORTI4WEST CORNER OF SAID LOT I AND A POINT ON THE #EST LINE THE NORTHEAST 1/4 OF THE NGRTH#EST 1/40lP THE SAID SECTION 26j THENCE RUN N. 00 31' 11' #. ALONG THE MEET LINE OF THE NORTHEAST 1/4 OF TIlE NORTHWEST 1/4 OF 'life SAID SECTION 26 FOR A DISTANCE OF 250.01 FEET TO TIlE SOUTHERLY RIGHT-OF-MAY Lille OF IIM4OKALEE ROAD~ THENCE RUN ilo 89 5&~ 15' E. ALONG THE SOUTHERLY RIGHT-OF-#AY LINE OF IllP, OKALEE ROAD FOR A DISTANCE OF 1118.74 FEET TO TIlE POINT OF BEGIllNINGo pROPERTY. OWNERSHIP A, BEE ZONIN(; AllD OWNERSHIP IqAP; PAGE 3, ...SEll]PEAL.. DESCRIPTIO14 .. OF. PROPERTY A, tHE PROJECT SITE IS lOCATED O# THE SOUTH SIDE OF CJI (Ill#ORALE~ ROAD APPROXIId, ATEI,Y 1/2 MILE NEST OF AIRPORT-PULLIi~(3 ROAD AND CONi3IS'I*S OF APPROXIP, ATELY 14.28 ACRES OF LARD, CURRENT ZONING . A, 'IRE CURRENT ZONING IS A-2 RURAL AGRICULTURE DISTRICT AND SINGLE FAJ4ILY RF. SlDENTIAL DISTRICT (SEE ZONING AND -2- PARCEL 3 g 1/2 of t 1/2 Of ~ 1/4 OF N~ 1/4, LESS SO~T~IND ~-~VP 488 RGB 2SE, OR 0347, ~ 0194, A~L IN COLLIER If~RIDA, ~HERSHIPt LEG~LO HA~8, ~? UX 1052 RI~G~ A~E., ~OOD, MJ 1/2 Off E 1/2 o~ HE 1/4 Of NW 1/4 LESS G~U~H~.IND EST, ~P 488, RGB 2SE, OR 034?, PG~ 019~, A~ IN COLLIER ~D HA~8, ET UX XQS2 RIDGK AVE., L~KEWO~O~ NJ PARCEL 5 W 1/2 off Jm 1/4 of MM 1/4 LESS ~ 2SE, OR 0347, ~ 0188, ALL I# LOTS I ?HRO~GH 6, SO~VXHD ESTATES, SEC 26, T~P 4~ R~ 2S B~ ALL I# COLLIER COUMTY., FLORIDA. ~WWERSHXPt LEQ~D HAUS~ K? AL X]~],6 R CG~TY LIHE, ~OO, NJ CC ,PREH S THE CO~PRKI~ENSIVB PLAN DESIGNATES BEING #IT~I# THE e*URlSAN AREAI OF ,~,,YSICAL DESCRIPTION TIlE PROJECT SITE CONSISTS Or APPROXIMATELY 14,28 ACRES OF LAND, TIlE EXISTIIiG ELEVATION IS APPROXlI~ATELY 12 IPBIrT NGVD~ -4- 2,2 2,3 2,4 SECTION PROJECT DEVELOPHEHT ,,PV,R SE THE PURPOSE OF THIS SECTION la TO DELINEAT~ AND GENERALLY DESCRIBE THE PROJEC? PLAN OF DL'VELOPHBNT, TIlE RESPECTIVE USES, OF THE PARCELS INCLUDED IN THE PROJECT, AS WELL AS THE PROJECT CRITERIA FOR FUTURE DEVELOPMENT, GENERAL REGULATIONS FOR DEVELOPMENT OF THIS PROJECT SHALL BE IN ACCORDANCE #ITH THE CONTENTS OF THIS DOCUMENT, PUD-PLANtqED UNIT DEVELOPMENT DISTRICT AND! OTIIER APPLICABLE SECTIONS AND PARTS OF THE COLLIER COUNTY ZONING ORDINANCE, UNLI~3S OTHERWISE NOTED, THE DEFINITIONS OF ALL TEIU~ SHALL Bt THE SAgE AS THE DEFINITIONS SET FORTH IN THE COLLIER COOJiT~ ZONING ORDINANCE. ,i~U~S'I~:R PLAN AND LAND USE THE MASTER PLAN CONSISTS OF AN OVERALL LAYOUT OF APPROXIMATELY 14.28 ACRES OF LAND TO BE DEVELOPED INTO A NURSING HOf4E/CONGREGATE LIVING FACILITY/PROFESSIONAL OFFICF. B/CHILD DAlr CARE (PRIVATE) FA~:ILITY ALOHG #ITH THEIR RELATED OPEII SPACE, STREETS, OFF-STREET PARKING, OFF-STREET LOADING/UNLOADING AND A MATER 14ANAGEML~IT AND DRAINAGE SYSTEM, BEE SITE PLA#, PHASES or DEVELOPMENT THE PETITIONER INTENDS TO BEGIN CONSTRUCTION O~ THE BUILDINGS, ROADS, DRAINAGE, AND OTHER SITE IMPROVEMENTS UPON APPROVAL OF THE PETITION BY THE COUNTY AND CONTINUE WORKING UNTIL ALL C~ THE SITE IMPROVEMENTS ALONG 'WITH ALL REQUIRED BUILOI#G~J ARB CO*IPLETED IN ACCORDANCE WITH THE CONDITIONS OF THE APPJ~OVED PUD DOCUMENT AS FOLLO~St [PHASE I - 60 BED SKILLED HURSING . (27,010 S,F. OF FLOOR AREA)! 44 UNIT (58) BED CONGREGATED LIVING fACILITY (25,030 S.Fo OF FLOOR AREA) ! CHILD DAY CARE (PRIVATE) (1,306 S.F. or FLOOR AREA! AND~ 106 OFF-STREET PARKING SPACES, PHASE Il - PROFESSIONAL OFFICES (.21,7.75 S.F. OF FLOOR AREA; AND 80 OFF-STREET PARKING SPACES, PHASE III - 60 BED SKILLED J~JRSlNG -5- (13,324 s.r. OF FLOOR AREA~ l& UNIT (22) BED COKGREGATED LIVING FACIL- ITY (8,539 S.F. OF FLOOR AREA)~ AHD 13 OFF-STREET PARKING SPACES,] Tills PROJECT SHALL B~ DEVELOPED IH A HARMER CONSISTEHT WITII ~IE APPROVED CAPITAL IMPROVEMENT ELF. J4ENT, SITE.PLAN PROCESS TIlE DEVELOPER OF AN~ TRACT MUST GUBMI? A CONCEPTUA~ SITE PLAN FOR THE ENTIRE TRACT PRIOR TO FINAl, SITE DEVELOPMENT PLAN SUDMITTAL FOR AN~ PORTION OF TIIE TRACT, TIlE DEVELOPER MAY CIIOOSE NOT TO SUBMIT A CONCEPTUAL SITE PLAN IF A "SITE DEVELOPMENT PLAN" IS SUBMITTED AND APPROVED FOR TIIB ENTIRE TRACT. THE DEVEJ. OPER OF ANY TRACT MUST SUBMIT, PRIOR TO OR AT SAME TIME OF APPLICATION FOR A BUILDING PERMIT, A DETAILED SITE DEVELOPMENT PLAN FOR HIS TRACT OF PARCEI~ IN CONFORMANCE WITH THE 20RING ORDINANCE SECTION 10,S DEVEI`OPMEHT PLAN APPROVAL. THIS PLAN SHALL ALSO SltO~ THE I.OCATIOH AHD SIZE ACCESS TO ANY TRACT TIIAT DOES NOT ABUT A PUBLIC STREET, IN THE EVENT THAT ANY ESTABI`ZSltED TRACT AS IDENTIFIED OR TIIR APPROVED PUD MASTER PLAfl IS PROPOSED TO BE FURTIIER DIVIDED IR A MANNER TIIAT DOES NOT AFFECT TIlE APPROVED INFRASTRUCTURB, INCREASE TIlE NUMBER OF D~tELLI~JG UNITS, INCREASE DENSITY, CilANGE TIlE DWEI, LING TYPE OR Cli~ANGE PERMITTED USES ~IITHIH TIlE TRACT, TIlE DEVELOPER SHALL SUBMIT A REVISED PUD MASTER PLAN INDICATING THE DIVISION OF THE: ESTABLISHED TRACT PRIOR ~O THE SUBMITTAL OF A SITE DEVELOPMENT PLAN FOR THE DEVELOPMENT OF SUCH TRACT. ' TIlE REVISED PUD MASTER PLAN SHALL BE SUBMITTED TO TIlE PLANNING/ZONING DIRECTOR FOR REVIEW AND APPROVAl`. 2,6 SITE DEVELOPMENT PLAN APPROVAL PROCESS SITE DEVELOPHENT PLAH APPROVAL, HHEH DESIRED OR RF~UZRED BY THIS DOCUMENT, SHALT- FOr, LOW THE PROCEDURE AB OOTLINED l# THE ZONING ORDINANCE, .. 2,'~ I~AXH'rl~ANCE ~.C(:~qON ,,A, REAs . A, PRIVATE STREETS, R.ECREATION AREAS, COPd4OR OPEN SPACES, OR AH7 OTHER SUCH AJ4ENITIES, UPON COHPLETION OlP ~g PROJECT OR SOOHER AS AGREED TO BY ALL PARTIES CONCERNED, COHB UNDER THE C~INERSIilP OF A PROPERTY OWl;ERS ASSOCIATION OR SC)HE SUCH SIMILAR ORGANIZATIOt~ OF RES[DENTS. TttiG ORGA,tsATION MILL BE RESPONSIBLE FOIl TIlE MAINTENANCE OF COHI4ON AREAS UNDER CONDITIONS SET FORTH Ill THE APPROVED PUD DOCUMENT. -6- POLLING PI, ACES S~ALL BE PERHITTED AS DEE~ED APPROPRIATE B7 RECC~J4E~IDATXON FROM THE SUPERVISOR OF EL~tOHS ~ ~E B~RD OF C~Y C~ISSIOt~E~ IH ~CO~E ~I~ S~ION 9,11 OF ~fE ZONING ORDINANCE 82-2, RE ~YDRAt~I'S FIRE IIYDRANTS SHA~L nE R~UI~ PER ~E STANDA~S OF ~g S~DIVXSIOH O~IHA~E. CCXOII~ 114 THE PUD DOCU)IEH? SHALL BE I4ET BY THE DEVELOPER UNLESS SO~E OTHER ARRANGEPIEN? IS fqUTiJALLY AGREED UPON BY THB DEVELOPER AND THE ZONXNG DXRECTOR, 2,11 MAXIHUM IIUHBER' OF DMELLXNG UHIT~, THB MAXIMUM NUMBER OF DWELLING UNITS SHAM. BE AS SHOI~ ON THE SXTBPLAN. -7- 032 3"/6 SECTION 3* LAND USE REGULATIOiqS FOR SUBJECT PROPERTY ~JRPOSE A, IT IS TIlE PURPOSE OF Tills SECTION TO OUTI, IHE THE LAND USE REGULATIONS OF THE PROJECT SO THAT 'rite DEVELOPMENT MILL PROCEED It~ A I~tANNER I~HICH IS COHSISTEHT MITH THE PUD DOCUPIENT AND ACCORDING TO THE GENERAL GOALS AND OIZJECTIVES OF THE COUNTYeS COMPREIIENSIVE PLAN, 3~2 3,3 PERIRITTED PRINCIPAl, USES AND STRUCTURES A, ~ 1) SKILLED NURSING ASSISTED I, IVIHG (ACLF) 3) ADULT DAY CARE 4) CHILD DAY CARE PROFESSIONAL OFFICE INCLUDING BUT MOT LIMITED TOt CHIROPRACTIC CLINIC CONVALESCENT AIDS PHARNACY FLORISTS MEDICAl, SUPPLIES MEDICAL OFFICES HEALTH EDUCATION AP. BULATORY SURGICAL DATA PROCESSING DIAGNOSTIC RADIOLOGY PHYSICAL THERAPY I# THE EVENT THAT THE SURREY PLACE CONVALESCENT CENTER (OR C(~qPARABLE FACILITY) NOT BE LOCATED O# THE SUBJECT SlTEt THEN PERJqlTTED PRINCIPAL USES AND STRUCTURES SHAM, BE REVIEWED BY THE COLLIER COUNTY PLANNING COIQ4ISSIOH AHD TIlE BOARD OF COUI~Y COe~ISSIONERS. FI~RMITTED .ACCESSORY USES AND STRUCTURES ACCESSORY USES AtJD STRUCTURES CUSTOI4ARILY ASSOCIATEI) #ITR USES PERJqlTTED IN THIS DISTRICT. CARETAKERS RESID~CE, ONE PER PARCEL OF LAND. -8- j, ROjf~.~, ,TED uses At~ STHUCTUR~ ANY USES OR STRUCTURES tOOT SPECIFICALLY , O14 aY REASOHABLIC IMPLICATION PERMITTED tlEREIN, .DEVELOPHENT.. STANDARDS A,, Ml#llqt,'M LOT AREAt B, #IM1Mt,,'M LOT MIDTIIs TEN THOUSAND (10,000) S0UARB FEKT* 100 FEET C* HINZHU14 YARD REQUIPZ. H~NTG. 1) FIFTY (50) FEET FROPt ALL PROPERTY LINES EXCEPT FOR FORTY (40) FEET FROH TIlE EAST AND WEST PROPERTY LINES OF THE PARCEL COHTAIHING THE PROFESSIONAL OFFICES BUILDING (TRACT 2) THIS SETBACK AREA MAY BE KEPT ZN NATIVE~ VEGETATION EXISTING OR THE SITE. ADDITIONAL NATIVE VEGETATION SHALL BE PLANTED IF NECESSARY TO OBTAIN EIGIrTY (80) PERCENT OPACITY BETWEEN THREE (3) AND EIGHT (8) FEET ABOVE AVERAG~ GROUND LEVEL WREN VIEWED HORIZONTALLY FROM THE ADJACENT PROPERTIES. THIS BUFFER SHALL RESEJ4BLE THE NATURAL CHARACTERISTIC OF TIlE AREA AS HUCU AS POSSIBLE. THE BUFFER SHALL BE EZGIITY PERCEHT OPAOUE BY THE END OF T~/ELVE (12) MONTHS FROM THE DATE,OF ISSUANCE OF TIlE CERTIFICATE OF OCCUPANCY FOR THE PARCEL,. D, I'IAXIHUH HEIGHT OF STRUCTURES B6 1) FORTY-FIVE (45) FEET. MX#XMUM FLOOR AREA or STRUCTURES 1) 1000 SQUAILE FEET FOR ~H PRINCIPAL STR~RB MlNlH~ OFF-ST~ET PAR~I~ AND OFF-ST~ET ~ADI~ ~UI~ 1) AS ~UZ~ BY ~E C~N~ ZOHI~ O~INA~E AT ~ TIME OF APPLI~TION FOR COUSTR~ION G, SIGNS 1) AS REOUIRED BY TIlE COUNTY ZOKING OROINANCB AT THE TIME OF APPLICATION FOR CONSTRUCTION PERMITS. H* LZGlfTIHG 1) LIGHTING FACILITIES SUALL DE ARRAtJGED IN A lqAN~IER MHICII MILL PROTECT ROADWAYS AND ADJACENT PROPERTIES FROM DIRECT GLARE AND C~BR INTERFERENCES. -9- 2} TIlE DEVELOPER WILL PROVIDE APPROPRIATE INTERNAL BECURIT~ LIGHTING AND ARTERIAL ENTRAI~CE LIGIITINO AT ~IB PA~ STRUT I. #lNZlqUlq LANDSCAPING RF. OUIRF~gNT~ 1! A BUFFER SHALL Ol~ PROVIDED AB INDICATED IH BEC, OF Tills PUD DOCUNENT AND AB REQUIRED I# 8.37 OF C0UIIT*~ ZONING ORDINANCE. J. rI~NCB REOUIREfq~TS 1) AS REOUIRED BY THE COONTY ZONING ORDINANCE AT T~B ?I#g Glp APPLICATION FOR COI~STRtJCTION PERFiITS, -10- SECTION 4 A. THE PUR S THis SECTION IS TO FORTH THE GE.ERA'* DEVELOPNENT REOUIR~iENTS AND CONDITIONS FOR DEVELOPMENT OF Tflg PROJECT, THE PUD MASTER PLAN HEREIN IS INTENDED AS AR ILjustRATIVE PRELII~INARY DEVELOPNENT PLAN, THE DESIGN CRITERIA AND LAYOUT ILjustRATED ON THE RASTER PLAN SHALL BE UNDERSTOOO TO BB FLEXIBLE, SO THAT, TIlE FINAL DESIGN MAY SATISFY PROJECT CRITERIA AND COMPLY WITH AIL APPLICABLE RF~UIRF.~EHTS O[P THIS ORDINAHCE, ALL NECESSARY EASEMENTS, DEDICATIONS, OR OTIIER INSTRUMENTS SHALL BE GRANTED TO INSURE THE CONTINUED OPERATION AND MAINTENANCE OF ALL PUBLIC SERVICE UTILITIES. C. MINOR DESIGN CHANGES SHALL BE PERMITTED SUBJECT TO COUNTY STAFF ADMINISTRATIVE APPROVAL. ACCESS TO PROPERTY t A, THE ACCESS TO THE PROPERTY SHALL BE LIMITED TO ONE POIRT OF INGRESS AND ONE POINT OF EGRESS OFF OF PAI~U STREET AS SHOMH ON THE SITE PLAN. PRIVATE ROADS ,rile INTERNAL ROAD SYSTEH SHALL BB PRIVATELY OWNED AND MAINTAINED BY THE PROPERTY OWNER OR ASSIGNS. SOLID WASTE DISPOSAL A. ARRANGEMENTS AND AGREEMENTS SHALl, BE MADE WITH A COUNTY APPROVED SOLID WASTE DISPOSAL COLLECTOR. 4,6 ELECTRICITY! TELEPlfONEf CABLEVISION A, ARRANGEMENTS AND AGREEMENTS SHALL BE MADE WITH COUNTY APPROVED CONTRACTORS FOR 'THE PROVISION OF SERVICES. -11- DEVELOPMENT COMH ITMENTS IF TlllS PETITION IS APPROVED, TIlE PETITIONER STATES TIlAT lie WILL CO/~PL¥ WITIi ALL OF THE CONDITIONS OF APPROVAL INCLUDING Tile lOWING: ~NVI ~ONMENTAL PROTECTION PETITIONER SHALL SE SUBJECT 'lO ORDINANCE ';5-21 (OR *~IIE ~ VEGETATION REMOVAL ORDINANCE IN EXISTENCE AT Tile TIME OF PERMITTING), REQUIRING Tile ACQUISITION OF A TREE REMOVAL PERMIT PRIOR TO ANY LAND CLEARING. A SITE CLEARING PLAN BE SUBHITTED TO TIlE NATURAL RESOURCES MANAGEMENT DEPARTMEN~ AND TiIE COMMUNITY DEVELOPMENT DIRECTOR FOR TilEIR REVIEW AND APPROVAL PRIOR TO ANY SUBSTANTIAL WORK ON Tile SITS. Tills PLAN MA'/ BE SUBMITTED IN PIJASES TO COI}~CIDE WIT~I Tile DEVELOPMENT SCIIEDULE. TIlE SITE CLEARING PLAN SIIALL CLEARLY DEPICT HOW THE FINAL SITE LAYOUT INCORPORATES RETAINED NATIVE VEGETATION TIlE MAXIMUM EXTENT POSSIBLE AND HOW ROADS, BUILDINGS, PARKING LOTS, AND OTI{ER FACILITIES HAVE SEEN ORIENTED I'O ACCOMMOOATE THIS GOAL. NATIVE SPECIES SHALl, BE UTILIZED, WHERE AVAILABLE, TO THE MAXIMUM EXTENT POSSIBLE IN THE SITE LANDSCAPING DESIGN. A LANDSCAPING PLAN WILL BE SUBMITTED TO THE COMMUNITY DEVELOPMENT DIVISION AND THE NATURAL RESOURCES MANAGEMENT DEPARTMENT FOR TilEIR REVIEW AND THEIR APPROVAL. Tills PLAN WILL DEPICT THE INCORPORATION OF NATIVE SPECIES AND THEIR MIX WITIi OTIIER SPECIES, IF ANY. TilE GOAL OF SITE LANDSCAPING SIIALL BE THE RE-CREATION OF NATIVE VEGETATION AND HABITAT CHARACTERISTICS LOST ON THE SIYE DURIN~ CO~/STRUCTIOW OR DUE TO PAST ACTIVITIES. Ce ALL EXOTIC PLANTS, AS DEFINED IN THE COUNTY CODE, SHAll, BE REMOVED DURING EACH PHASE OF CONSTRUCTION FROM DE'4~LOPMENT AREAS, OPEN SPACE AREAS, AND PRESE~,'E AREAS. FOLLOWING DEVELOPMENT A MAINTENANCE PROGRAM SHALL BE IMPLEMENTED TO PREVENT RE-INVASION OF Tile SITE BY SUCll EXOTIC SPECIE~. TJlI~ PLAN, WIIICH WILL DESCRIBE CONTROL TECiINI~JUES AND INSPECTION INTERVALS, SHALL SE FILED WITH AND APPROVED BY THE NATURAL RESOURCES MANAGEMENT DEPARTMENT AND THE COt~IMUNITY DEVELOPMENT DIVISION. IF DURING THE COt;RSE OF SITE CLEARING, EXCAVA?ION~ OR OTHER CONS'CRUCTIONAL ACTIVITIES, ANT ARCHAEOL~ICAI, OR HIS~RICA~ GI~, ARTIF~T, OR OTHER INDICA~R IS DI~R~, A~ D~PH~T AT TIlAT L~ATION SIIALL ~ IMM~IAT~LY S~PP~ AND ~{E HA~L R~OURC~ MANAGEMENT DEPARTS? ~IFI~. D~PM~T WILL BE SUSPEND~ FOR A S~FICI~T ~ OF ~IHE ~ ~ABLE ~IE NA~RAL R~OURC~ ~NAGEM~T DEdAR~? OR A D~IGNA~D CONSULTANT ~ ASSES THE FIND AND D~IHB ~ 5.2 F® Ge PROPER COURSE OF ACTION IN REGARD TO ITS SALVAGEABILITY° TIlE NATURAL RESOURCES MANAGEMENT DEPARTMENT SIIALL RESPOND TO 'ANY SUCH NOTIFICATION IN A T1MELY AND EFFICIENT MANNER SO AS TO PROVIDE ONLY A MINIMAL INTERRUPTION TO ANY CONSTRUCTIONAL ACTIVITI ES. TIlE OAK HABITAT ALONG TIlE WESTERN BOUNDARY OF TIlE PARCEL SIIALL, BE MAINTAINED AS A CONSERVATION AREA. THIS WILL REQUIRE TIlE RELOCATION OF A PROPOSED PARKING AREA. TIlE BOUNDARY OF TIIIS HABITAT SIIALL BE FLAGGED BY TIlE PETITIONER, AND SUBJECT TO TIlE REVIEW AND APPROVAL OF NRMD. Tills CONSERVATION AREA SHALL, BE SO DESIGNATED ON A REVISED SITE PLAN. TIlE AREA SIIALL BE FENCED OFF PRIOR TO Dk'VELOPMENT ACTIVITY. REGARDING TIlE OAKS LOCATED OUTSIDE TIlE CONSERVATION AP. EA DESIGNATED ACCORDING TO STIPULATION E (Tile PREVIOUS STIPULATION), Tile PETXTIONER, WHERE FEASIBLE, WILL MAINTAIN TIlE OTHER XERIC OAK tlABITAT. IF DEVELOPMENT PROHIBIT~ PRESERVING INDIVIDUAL OAK TREES IN PLACE, THE PETITIONER SHAL~ TRANSPLANT TIIESE TREES TO LANDSCAPE AREAS WITIIIN THE DEVELOPMENT, OR TO TItE CONSERVATION AREA. TIlE PETITIONER SIIALL WORX CLOSELY WITH Tile NRMD DURING THE TREE REMOVAL PERMITTING PROCESS TO PETERMINE WHICH TREES MAY BE SUCCESSFULLY TRANSPLANTED. THE SAME PROCEDURE FOR A GOPHER RELOCATION [FLORIDA GAME AND FRESH WATER COMMISSION) SHALL tBE FOLLOWED IN Tile EVENT A GOPHER TORTOISE IS FOU.'ID. ', WATER MANAGEMENT REQUIREMENTS Be Ce DETAILED SITE DRAINAGE PLANS SHALL BE SUBMITTED TO THE WATER MANAGEMENT DIRECTOR FOR REVIEW. NO CONSTRUCTION PEI~MITS SHALL, BE ISSUED UNLESS AND UNTIL APPROVAL OF Tile PROPOSED CONSTRUCTION IN ,ACCORDANCE WITII TIlE SUBMITTED PLANS IS GRANTED BY THE WATER MANAGEMENT DIRECTOR. CONSTRUCTION OF ALL WATER MANAGEMENT FACILITIES SHALL BE SUBJECT TO COMPLIANCE WITII TIIE APPROPRIATE PROVISIONS OF COLLIER COUNTY SUBDIVISION REGULATIONS. SHOULD THIS PROJECT USE TIlE SOUTHWlND ESTATES WATER I~%NAGEMENT SYSTEM, TIlE PETITIONER SHALL VERIFY TIlE CONSTRUCTION OF THE EXISTING "SOUTHWIND ESTATES" PRIMARY WATER MANAGEMENT SYSTEM TO BE IN ACCORDANCE WITll THE S.F.W.M.D. PERMIT OR ELSE MAKE SUCll MODIFICATIONS NECESSARY FOR TIlE PROPER OPERATION OF THE SYSTEM AS IT AFFECTS TIlE DRAINAGE/WATER MANAGEMENT OF SURREY PLACE. SHOULD TIIlS BECOME NECESSARY, THE PETITIONER SHALL, BE RESPONSIBLE FOR THE REllABILITATION OF TIlE EXISTING RETENTION LAKES IN "SOUTIIWIND ESTATES' BY Tile REMOVAl, OF ACCUMULATED DEBRIS, NOXIOUS WEEDS AND SEDIMENTS AS IT AFFECTS THI~ DRAINAGE/WATER MANAGEMENT OF SURREY PLACE. -13- 5.3 5.4 PETITIONER WILL OBTAIN A LETTER FROM TIlE SOUTIl FLORIDA WATF. R MANAGEMENT DISTRICT (S.F.W.M.D.} IN ORDER TO IDENTIFY THE STATUS OF THE EXISTI~tG WATER MANAGEME~IT PERNIT AND STATE Ti[EIB POSITION ON TIlE COUNTY'S DELEGATED RESPONSIBILITY ISSUANCE OF ANY ADDITIONAL PERMITS. AN EXCAVATION PERHIT DILL BE REQUIRED FOR THE PROPOSED RETENTION AREAS, IF REQUIRED, IN ACCORDANCE WITli COLLIER COUNTY ORDINANCE NO. 80-26, AS A~tENDED BY ORDINANCE NO. 83-3, AND AS ~Y BE AMENDED IN TttE FUTURE. TRAFFIC Tile DEVELOPER SHALL PROVIDE 50 FEET OF.ADDITIONAL ROAD RIGIIT-OF-WAY ALONG TIlE SOUTH SIDE OF II~LMOKALEE ROAD AI~D NO UTILITIES SHALL BE LOCATED WITtIIN TIlE ADDITIONAL RIGHT-OF-WAY. ALL ACCESS SHALL BE BY WAY OF PARNU STREET. THERE SHALI~ BE NO DIRECT ACCESS TO IMMOKALEE ROAD. TltE DEVELOPER SHALL MAKE A FAIR SHARE CONTRIBUTION TOWARD CAPITAL COST OF A TRAFFIC SIGNAL ON IM/~OKALEE ROAD AT THE INTERSECTION OF PARNU STREET WHEN DEEMED WARRANTED BY TIlE COUNTY ENGINEER. THE SIGNAL WILL BE OWNED, OPERATED AND MAINTAINED BY COLLIER COUNTY. TIlESE iMPROVEMENTS ARE CONSIDERED 'SITE RELATED' AS i)EFINED IN ORDINANCE 85-55 AND SIIALL NOT ',BE APPLIED AS CREDITS TOWARD ANY IMPACT FEES REQUIRED BY THAT ORDINANCE. UNDER THE PROPOSED GROWTH HANAGEM~IT POLICIES BEING CONSIDERED FOR APPROVAL, A DROP IN TIlE LOS OF IM~.IOKAI,EE ROAD BELOW THE ADOPTED STANDARDS WILL REQUIRE DEVELOPHENT ON THIS PROJECT TO STOP. UTILITIES A. UTILITIES DIVISION APPROVES PROJECT SUBJECT TO ~F.~IO FROM C. W. TENBY DATED JUNE 10~ 1988, COPY ATTACHED. B. THE ENVII~0NMENTAL HEALTli DEPARTMENT REVIEWED THIS PETITION AND IIAS THE FOLLOWING COMMENTS AND RECONMENDATIONS~ 1) THIS PROJECT SHALL BE DESIGHED FOR CENTRAL WATER AND SEWER SYSTEMS. NO SEPTIC SYSTEMS SHALL BE PERMITTED. THE ENVIRONMENTAL SCIENCE AND POLLUTION COIITROL DEPARTMENT REVIEWED Tills PETITION A~ID HAS THE FOLLOWING COMMENTS AND RECOH/-IEN BAT I OHS ~ THE UTILITY PROVISION SUBI~IITTED WITH TIllS PETITION STATES THAT SEWAGE DISPOSAL WILL BE PROVIDED B TIlE COUNTY t;YSTEM. TIlE AGREEMENT BETWEEN THE ESPCD AND THE FLORIDA DEPARTiqENT -14- OF ENVI~)NbIENTAL REGULATIONS {DER) STATES TIIAT THE ES~D CAN INSPECT ALL STP'a IN COLLIER COUNTY WHICll DO NOT EXCEED A DESIGN CAPACITY OF 500,000 GALLONS PER DAY AND ARE NOT OWNED BY COLLIER COUNTY, CITY OF NAPLES, OR EVERGLADES CITY. BASEl) ON Tills AGREEMENT, Tile ESPCD DOES NOT INSPE(.~ Tile COUNTY STP's AND IIAS NO DATA OTIIER TilAN TIlE biONTIILY OPERATION REPORTS {MOS) UP TO JANUARY 1988 (TABLE 1.). TIlE COLLIER COUNTY NORTII NAPLES WASTE WATER TREAT~IENT PLANT PRESENTLY HAS A DESIGN CAPACITY OF 2,500,000 GALLONS PER DAY WITII PLANS OF EXPANSION. ADDITIONALLY, TIlE TREATMENT PLANT IIAS 7~O SETS OF EFI'LUENT STANDARDS (REFER TO TABLE 1.) WIIICll DEPENDS ON TIlE TYPE OF LAND DISPOSAL IN USE (SPRAY IRRIGATION OR PERCOLATION POND). SINCE XT XS DIFFICULT TO DETERMINE WliAT TYPE OF LAND DISPOSAL FldAS USED AT ANY SPECIFIC TII4E, I'M BAS1NG MY OBSERVATIONS ON THE IIXGHER "PERMISSIBLE GRAB" STANDARD FOR EACH PARAMETER. NOTE~ PER~IISSIBLE GRAB IS STANDARD SET FOR SINGLE GRAB SAMPLE. TIiE MONTllLY OPERATION REPORTS PROVIDED BY DER (TABLE 1.) INDICATE TliAT Tile INFLUENT FLOWS DID NOT EXCEED TIlE TREATMENT P£ANTS DESIGN CAPACITY AND THERE WERE NO EFFIAJEHT VIOLATIONS. THE UTILITY PROVISION STATES THAT THIS PROJECT WILL GENERATE AN AVERAGE DAILY FLOW OF 40 GPM (57~600 GPD). BASED ON TIlE INFOR/4ATION IN TABLE 1.~ AND TIIAT Tile COLLIER COONTY NORTtl NAPLES WASTE WATER TREATMENT PLANT HAS PLANS OF EXPANSION WITItXN TIlE NEXT FOUR YEARS~ THE ESPCD HAS NO INDICATION TItAT THE TREATMENT PLANT COOLD NOT ACCO{4MODATE THESE FLOWS. THE ESPCD RECOMMENDS THAT TltE PETITIONER RECEIVE REASONABLE ASSURANCE FROM THE COLLIER C04JNTY UTILITY OEPARTHENT THAT THE FLOWS GENERATED BY THIS PROJECT CAN BE ACCOMMODATED. 5.5 FIRE CONTROL DISTRICT A. TIlE PETITIONER SIIALL HEET TIlE FIRE FLOW REQUIREliENT OF 750 GPM AT 2 PSI BEFORE AI~ BUILDING PERHITS WILL BE ISSUED° ENGINEERING Ae THE EXISTING EASEMENTS AND LOTS (11-6) IN SOUTII~IIND I~TATES SHALL BE VACATED PRIOR TO ISSUANCE OF CONSTRUCTION PER'lITE ON SAID LOTS. B. AN ADDITIONAL 50 FEET OF RIGIIT-OF-WAY ALONG I~OKALEE ~OAD SHALL BE PROVIDED FOR FUTURE WIDENING OF IM~IORALEE ROAD. Ce ANY IHPROVEMENTS REQUIRED FOR PARNU STREET (ADDITIONAL LANE, TURN LANE, DRAINAGE IMPROVEMENTS, ETC.) TO ACCOMMODATE THIS PROJECT SllALL BE COHPLETED BY THE DEVELOPER PRIOR TO ISSUANCE OF C.0.' s. -15- ,,, 03 ,,..:384 OFF-SITE DISPOSAL OF FILl. OR EXCAVATED MATERIAL WHICH IS LEFT OVER AFl'ER Tile CO/'IPLET1ON OF TIlE PROJECT, IS SUBJECT TO TIIiE APPROVAL OF THE COUNTY ENGINEER. 5.7 COLLIER COUNTY PLANNING COt4MISS1ON B. C. D. ADEQUATE BUFFERING, AS STATED IN TIlE PUD DOCUMENT AND ZONIHG ORDINANCE 82-2, SHALL BE PROVIDE~ ALONG THE SOUTI{EI~N PERIWIg'TEN OF THE PROJECT. IN ADDITIOtl, TREES SliALL BE LEFT AND/OR REPLANTED (AS PAIIT OF TIlE DEVELOPMENT OF TIlE SITE] ALONG Tile SOUTHERN PERI~IETER OF Tile PROJECT SO AS TO AID IN PROVIDING A VISUAL BUFFER. A REVISED I, IASTER PLAN WILL NEED TO BE SUBNXTTED SHOltING THE CONSERVATION AREA AND TIlE NEW LOCATION OF THE PROPOSED PARKING AREA. THE MASTER PLAN WILL ALSO NEED TO BE REVISED TO REFLECT MINOR ERRORS (AS TO BE DISCUSSED WITH STAFF] · Tile PETITIONER SHALL A~END '/'HE PUD DOCUMENT TO PROVIDE FOR SPECIFIC DEVELOPMENT STANDARDS FOR THE PERMITTED PRINCIPAb USES AND STRUCTURES. THE PETITIONER SHALL COMPLY WITH ALL TIlE REGULATIONS REQUIRED BY THE STATE OF FLORIDA'S DEPARTMENT OF HEALTI! AND REltABILITATIVE SERVICES (HRS} AS WELL AS THOSE REGULATIONS REQUIRED BY THE SOUTH~tEST FLORIDA REGIONAL PLANNING COUNCIL. ! -16- 032.',:385 MOMTHLY xv~ ~Lov$ (GPO) 02/86 1,84o,ooo - 12 1.9 03/86 1,81o,ooo 6 6 1.4 o4/~& 1,&8o,ooo I 7 1.4 05/86 1,570,000 1 3 1.5 06/l& 1,630,000 1 S 1.3 07/86 1,410,000 18 S 2.1 01/16 ' 1,660,000 11 4 2.7 0g/l& 1,160,000 14 S 3.6 10/86 1,760,000 9 3 4.0 11/86 1,680,000 I 3 7.8 12/86 1,710,000 1 1 01/87 1,910,000 I I 8.5 02/17 1,190,000 S 2 6.3 03/87 1,980,000 3 04/87 1,750,000 I ~ 1 2.! OS/IT 1,690,000 I 1 0i/17 1,790,000 - I 3.4 07/87 ' 1,8S0,000 2 I 4.3 08/87 1,880,000 I I 4.2 09/17 1,930,000 - I 4.1 10/17 1,899,000 I I 3.7 11/17 1,t26,000 I I 3.$ 12/17 1,629,000 1 I 3.5 01/81 1,477,000 I 1 Effluent Criteria 80O/IKm Detect~ble PomL~/irrigatioa Dnsig~ Capacity · 2,S00,000 GI'D = Ga/Ions Per Day ~g/b · Htlli~rus Per hLter TS8 - Total SGspanded Solids BOO - elochem~cL~ OFFgen Denind 032,,',,386 60/10 60/60 MEMORANDUM ~. ~ June 10, 198~ ~'~C"~".'~ .. Bar~ra Cacchione, Acting Planning & Zo'ning Director C. ~ Te~y, Utilities Engineering. Director Petition R-OS-lOC, Surrey Place Convalescent Center We have reviewed the above referenced Petition and have. no objection to the rezone as requested. However, we require 'the following stipulations as a condition to our recommendation for approval: A) Water & Sewer 1) Water distribution and sewage collection and transmission will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of. Florida. W~ter and sewer facilities constructed within platted rights- of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and Regulations in effect at the time of conveyance. Ail 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 completion of construction of the watek and sewer facilities within tile project, the facilities will be tested~to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, County owned or privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificate~ of Occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. 2) All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 3l All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. To~ Barbara Cacchione, Acting Planning & Zoning Director June 10, 1988 4) It is anticipated that the County Utilities Division will ulti~&te- ly supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by th~s project% Should thc~ County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time d~velop~nt com- mences, the Developer, at his expense, will install and operate lnteri~ water supply and on-site treatment facilities and/or interim sewage treatment and disposal facilities adequ, ate to meet all require- ments of the appropriate regulatory agencies. 5) An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the ~pproval of construction documents for the proposed project, stating that~ a) The proposed water supply and on-site treatment faciliti~s 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 ~tandards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off-site water facilities and/or off-site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands owned by the Develgper and approved by the County for development. The utility facility~ies) may not be expande¢! to provide water and/or sewer service outside the development boundary approved by the County without the written consent of the County. b) Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site ~he 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. Ail work related with this activity shall be performed at no cost to the County. c) Connection to the county's off-site water and/or sewer facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineer- ing design and preparation of construction documents, permitting, modification or refitting of existing sewage pumping facilities or construction of new master sewage pumping facilities, lnterconnection with County off-site facilities, water and/or aewer lines necessary to make the connection(s}, etc. Tot Barbara Cacchione, Acting Planning & Zoning Director J~ne 10, 1988 d) At the time County off-site water and/or sewer facilities are available for the project to connect with, the following water ·nd/or sewer facilities shall be conveyed to .the County pursuant to appro- priate County Ordinances and Regulations in effect at the time= 1) All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project l~mits required to make connection with the County's off-site water and/or sewer facilities; or, 2) All water and sewer facilities required to connect the project to the County's off-site water and/or sewer facil- ities when the on-site water and/or sewer facilities constructed on private property and not required by the · · County to be located within utility easements, including but not limited to the followings a) Main sewage lift station and force main inter- connecting with the County sewer facilities including all utility easements necessary; b} water distribution facilities from the ~oint of connection with the County's water facilities to the master water meter serving ~h~ project, including all utility easements necess·ry. e) The customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County ·t the time when County off-site water and/or s~wer facilities are avail- able to serve the project and such connection is made. Prior to connection of the project to the County's off-site water ·nd/or sewer facilities the Developer, his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County wl~h · detailed inventory of the facilities served within the project and the entity which will be reflponsible for the water ·nd/or sewer service billing for the project. f) Ail construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. To= Barbara Cacchione,'Acting Planning & Zoning Director Page 4 J~ne 10, 1988 g) The Developer, his assigns or successors agree to pay all lystom development charges pursuant to appropriate County Ordinance[s) ~nder any of tho following conditions, whichpver occurs first: 1. Whenever such person connects an existing structure to a water system and/or a sewer system owned or operated by the County; or 2. Whenever such person applies for a building permit and prior to issuance of a building permit to alter an existing structure previously connected to a water system and/or sewer system owned or operated by the County, where such alteration increases the potential demand on the County's system(s); or 3. Whenever such person applies for a building permit And prior to issuance of a building permit to construct a structure which will be connected to a water system and/or sewer system owned or operated by the County under Phases 1,' 2 or 3 of the County's Master Water and Sower Plans, even though such person may receive interim water and/or interim sawer service from a source other than the County. These requirements shall be made known to all prospective buyers of properties within the project. h) The County will lease to the Developer for operation and main- tenance the water distribution and/or sewage collection and trans- mission system for the sum of $10.00 per year, when such system is not connected to the off-site water and/or sewer facilities owned and operated by the County. Terms of the lease ~hall b~ determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. The Lease, if required, shall remain in effect until the County can provide water and/or sewer service through its off-site facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. B) Data required under County Ordinance No. 80-112 showing the avail- ability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project· Submit a copy of the approved DER permits for the sewage collection and transmisl~ion systems and the wastewater treatment facility to be utilized, upon receipt thereof. To~ Barbara Cacchione, Acting Planning & Zoning Director Page 5 Nove~r 19, 1987 C) If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day d~mestic demand, in addition to fire flo~ demand at a rate approved by the appr6priate Fire Control District servicing the project area. D) Construction and ownership of the water and sewer facilities, including any proposed interim water and/or sewage treatment facili- ' ties, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, Practices, etc. in e~fect at the time construc- tion approval is requested. E} Detailed hydraulic design reports co~ering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The reports shall list all design assumptions, demand rates and et:her factors pertinent to the system under consideration. F) The on-site sewage collection and transmission system shall be designed to connect into existing contiguous sewage collection and transmission facilities that connect to a sewage transmission line located on Immokalee Road. The D~velopor shall bo responsible for obtaining all utility easements necessar~ to perform this connection and for all the costs associated with off-site connection and modifications to existing sewage pump ~tations and lines. Construction documents and hydraulic analyses prepared for the project shall completely iljustrate the above construction, its impacts on existing sewer facilities of the District and the tasks to bo accomplished to eliminate the impacts created. G) The on-site water distribution system to serve the project m~st be connected to the District's 12 inch water main on the south side of Immokalee Road, extended throughout the project and looped back to the District's 6 and 12 inch water mains on Immokalee Road. During design of these facilities, the following features shall be incorporated into the distribution system~ 1) Dead end mains shall be eliminated whenever possible by looping the internal pipeline network. 2) Stubs for future system lnterconnection with adjacent properties shall be provided to the east, west and south property lines of the project, at locations to bo mutually agreed to by the Utilities Division and the Developer during the design phase of the project. To= Barbara Cacchione, Acting Planning & Zoning Director Page 6 June 10, 1988 H) The Utilities Division will not be in a position to approve Certificates of Occugancy for structures within the project until the on-site sewerage facilities and on-off?site water distribution facilities previously stipulated have been completed, conveyed to the District and placed into service and satisfactor~ docunmntation has been sutx, itted to the Utilities Administrator verifying that adequate fire flows exist within the project site, as specified by the Utilities Division and/or the appropriate Fire Control District. I) Section $.S, Utilities, of the PUD document shall be revised to m~ke reference to this memorandum, by date, and specify the Petitioner's acceptance of the stipulations contained herein. A revised cop~ of the PUD document and draft Ordinance for the rezoning approval must be sub. trod to the Utilities Division for review and approval prior to the Petition beinv considered by the Board Df Couzlt¥ Co~issioners. ~dT/sh cc~ Neno J. Spagna 032-'. 392 AGREEMENT I, George Hermanson, as owner or authorized agent for Petition R-88-10C, agree to the following stipulations requelted by the Collier County Planning Commission in their public hearing on October 6, 1988. Petitioner shall be subject to Ordinance 75-21 [or the tree/vegetation removal ordinance in existence at the time of permitting], requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community DevQlopment 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 to tho maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. Native species shall be utilized, Where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Co~u~unity Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on tho site during construction or due to past activities. de All exotic plants, as defined in the County Code, shall be removed during each phase of construction from develo~nt areas, open space areas, and preserve areas. Foll~wing site development a maintenance program shall be im~lem~nted to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Co~munity Development Division. If during the course of bite clearing, excavation, or other constructional activities, an archaeological or hietorical site, artifact, or other indicator is discovered, development at that location shall be immediately stopped and the Natural Resources Management DeDartment notified. 032,,::393 Development will be suspended for a sufficient length o~ time to enable the Natural Resource~ Management Department or · designated consultant to asse~s the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. The oak habitat along the western boundary of the ]~arc~l shall be maintained as a conservation area. This ~rill require the relocation of a proposed parking area. The boundary of this habitat shall be flagged by the petitioner, and subject to the review and approval of NRMD. This conservation area shall be so designated on a revised site plan. The area shall be fenced off prior to development activity. Regarding the oaks located outside the conservation area designated according to Stipulation ~5 (the previous stipulation), the petitioner, where feasible, will maintain the other ):eric oak habitat. If development prohibits preserving individual oak trees in place, the petitioner shall transplant these trees to landscape areas within the development, or to the conservation area. The petitioner shall work closely with NRMD during the Tree Removal permitting process to determine which trees may be successfully transplanted. The same procedure for a gopher relocation (Florida Game and Fresh Water Commission) shall be followed in the event a gopher tortoise is found. Detailed site drainage plans shall be subm/tted to the Water Management Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Water Management Director. i. Petitioner will obtain a letter from the South Florida Water Management District (S.F.W.M.D.) in order to identify the status of the existing water management permit and state their position on the County's delegated responsibility for f;..~ the issuance of any additional permits. ~Petitioner shall verify the construction of the existing "Southwind Estates" primary Water Management system to be in ~accordance with the S.F.W.M.D. Permit or else make such ~modifications necessary for the proper operation of the system as it affects the drainag~/water manag~nt of Surrey ~Place. In addition, Petitioner shall be responsible for the rehabilitation of the existing retention lakes in "Southwind Estates" by the removal of accumulated debris, noxious weeds and sedimcmts as it affects the drainage/water management of Surrey Place. The developer shall provide 50 feet of additional zoad right-of-way along the south side of Immokalee Road and no utilities shall be located within the additional right-of-way. ~ ~ ..1. All access shall be by way of Parnu Street. There shall be ~ ~ I~.~ no direct access to Immokalee Road. ~.-5-' ' m. The developer shall make a fair share contribution toward the _ ~ capital cost of a traffic signal on Immokal~e Rqa~dmwhen _ ~~ ~ deemed warranted by the County Engineer. ~he si~al will be / 7~.--~~~ed, operated and maintained by Colli~County.  ~ n. Those improvements are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. Under the proposed Growth Management policies being con~idered for approval, a drop in the LOS of Immokalee Road below the adopted standards will require development on this project to atop. A binding phase schedule shall be developed to ensura that this project is developed in a ~nner consistent with the currently proposed Capital Improvement Element. The Utilities Division stipulations per their memo dated June 10, 1988. This project shall be designed for central water and sewer systems. No septic systems shall be permitted. The petitioner shall receive reasonable assurance fro~ the Collier County Utility Department that the flows generated by this project can be ac¢o~%-~dated. The petitioner shall meet the fire flow requirement of 750 GPM at 2 PSI before any building permits will be issued. The existing easements and lots (~1-6) in Southwind K~tatas shall be vacated prior to issuance of construction permits on said lots. An additional 50 feet of right-of-way along Immokalee Road shall be prov. ided for future widening of Immokalee Road. - 3 - (132,,',:3'95 We aa. coo dd. ff. hh. ii. Section 4.4 of the PUD Document states that the project is exempt from the County Subdivision Regulations. This shall not be permitted as the Subdivision Regulations do apply to all P.U.D.'s and this project shall be required to comply with all applicable portions of the County Subdivision Regulations. Any improvements required for Parnu Street (additional lane, turn lane, drainage improvements, etc.) to accommodate thil project shall be completed by the developer prior to issuance of C.O.'s. Amend the PUD Document to incorporate all of staff*s recommended stipulations contained in this Staff Report. Amend the PUD Document to provide for proper grammar and format (spQ11ing, numbering, etc.). Add Section 1.7 PHY$ICAJ~ DESCRIPTION to Table of Contentl. Delete Section 2.5 DEVELOPMENT AND FRACTIONALIZATION OF TRACTS from Table of Contents. Delete Section 2.6 PUD CONCEPTUAL SITE PLAN APPROVAL PRO(~BSS from Table of Contents. Add Section 2.5 SITE PLAN PROCESS to Table of Contents and ren.m~er accordingly. Amend Section 5.4 WATER MANAGEMENT CONSIDERATIONS of Table of Contents to read aa followsr WA~R MARAGFJ~NT REQUIREMENTS. Amend Section 5.7 COLLIER COUNTY PLANNING AGENCY of Table of Contents to read as follows~ COLLIER COUNTY PLANNING COMMISSION. Amend Section 1.2 LEGAL DESCRIPTION to incorporate the ~ull legal description into the PUD Document. Delete Section 2.5 DEVELOPMENT AND FRACTIONALIZATION OF TRACTS. Delete Section 2.6 PUD CONCEPTUAL SITE PLAN APPROVAL PROCESS. Add Section 2.5 SITE PLAN PROCESS to read as follo~esl The developer of.any tract must submit a Conceptual Site plan for the entire tract prior to final site Development Plan submittal for any portion o£ the ~ract. - 4 - kk. The developer may choose not to submit a Conceptual Site Plan if a "Site Development Plan" is submitted and approved for the entire tract. The developer of any tract must submit, prior to or at the same time of application for a building permit, a detailed Site Development Plan for his tract or parcel in conformance with the Zoning Ordinance Section 10.5 Development Plan Approval. This plan shall also Ihow the location and size of access to any tract that does not abut a public street. In the event that any established tract as identified on the approved PUD Master Plan is proposed to bm further divided in a manner that does not affect the approved infrastructure, increase the number of dwelling units, increase density, change the dwelling type or change permitted uses within the tract, the developer shall submit a revised PUD Master Plan indicating the divilion of the established tract prior to the submittal of a Site Development Plan for the development of such a tract. The revised PUD Master Plan shall be submitted to the Planning/Zoning Director for review and approval. Amend Section 2.6 SI~ DEVELOPMENT PLAN APPROVAL PROCES8 to read as follows: Site Development Plan approval, when desired or required by this document, shall follow the procedure as outlined i~ the Zoning Ordinance. 11. Amend SECTION 3 LAND USE REGULATIONS to read as followst LAND USE REGULATIONS FOR BUBJECT PROPERTY. Amend the PUD Document to provide for specific development standards for Permitted principal uses and structures. (Note: The PUD Document sp~cifies general develo$~ent sta--~ards). Amend the PUD Document to provide a provision that should the Surrey Place Convalescent Center not b~ located on the subject site, then permitted principal uses and structures shall be reviewed by the Collier County Planning Commission and the Board of County Commissioners. oo. Delete Section 3.2F. concerning off-site disposal of fill. - 5- PP. qq. Delete Section 3.2G. concerning polling places. Delete Section 3.4 PERMITTED PROVISIONAL USES ARD STRUCTURES. Amend Section 3.4A. to read as follows~ Any uses or structures not specifically or by reasonable Implication permitted herein. ss. Amend Section 3.5C.1. to read as follows= Fifty (50) feet from all property lines except for forty (40) feet from the east and west property lines of the parcel containing the Professional Offices Building. rt. Amend Section 4.4A. to read as follows~ uu. The internal road system shall be privately owned and maintained by the property owner or assigns. Amend Section 5.7 COLLIER COUNTY PLANNING AGENCY to read as follows: COLLIER COUNTY PLANNING COMMISSION. vv. Add Section 5.3A. *to read as follows~ xx. Off-site disposal of fill or excavated material which is left over after the completion of the project, subject to the approval of the County Engineer. Adequate buffering, as stated in the PUD Document and Zoning Ordinance 82-2, shall be provided along the southern perimeter of the project. In addition, trees shall be left and/or replanted (as a pert of the development of the site) along the southern perimeter of the project so as to aid in providing a visual buffer. A revised Master Plan will need to be submitted showing the conservation area and the new location of the proposed parking area. The Master Plan will also need to be reviled to reflect minor errors (as to be discussed with Staff). The Petitioner shall amend the PUD Document to provide for specific development standards for tho permitted principal uses and structures. The Petitioner shall comply with all the regulations required by the State of Florida's Department of Health and Rehabilitative Services (HRS) as well as thole regulations required by the Southwest Florida Regional Planning Council. - 6 - aaa. A revised PUD Documel~--~l be received by the Planning Department by October. 2~%~4':~988 in order to meet the BCC meeting requirementl. .If a revised PUD Document il not received by this date, then Petition R-88-10C shall be continued to a future BCC ~mber 8, 1988. ETXTIONER OR AGENT R-88-10C AGREEMENT SHEET -7- ,! I I I I I I I I I STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. 0ILES, Clerk of Courts In and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing ts & true copy of: Ordinance No. 88-85 which wee adopted by the Board of County Coulealonere on the 8th day of November, 1988, during Regular Seeelon. WITNESS my hand and the official seal of the ~oard of County Couieelonere of Collier County, Florida, this ITth day of November, 1988. C~.rk of Court. and Cl.rk ..,~.,~?}. ,:.,~ Ex-officio to Board of . · ...... County CouiesIoners , .,. "': D. put¥ Clerk