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Ordinance 87-004ORDINANCE 8 ?- 4 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 50-26-2 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT I~OWN AS TWELVE LAKES FOR A MAXIMUM NUMBER OF 1,310 DWELLING UNITS AND 11.25 ACP. ES OF COMMERCIAL USES FOR PROPERTY LOCATED BETWEEN RADIO ROAD AND DAVIS BOULEVARD APPROXIMATELY ONE MILE WEST OF THE INTERSECTION OF DAVIS BOULEVARD AND SR-951 IN SECTION &, TOWNSHIP 50 SOUTH, RANGE 26 EAST, 262.33 ACRES TOTAL; AND PROVIDING AN EFFECTIVE DATE. ~-- ~EAS, Vines and A~sociates, representing The National Trust Compaq. y, petitioned ~he Board of Cowry Co~issioners to chanse the Zonin~ Classification of ~he herein described real propertyl N~ HE~FO~ BE IT O~AIN~ by the Board of County Comission~rs of Collier County, Florida: ' SECTION ONE'. ~' The Zoning Classification of the herein described real property located in Section i, Township 50 South, Range 26 East, Collier County, Florida is changed from A-2 to "PUD" Planned Unit Development in accordance rich the PUD document attached hereto as Exhibit "l" vhich is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number 50-26-2, as described in Ordinance 82-2, is hereby amended accordingly. SECTION T~: This Ordinance shall become effective upon receipt of notice that is has been filed w~th the Secretary of State. DATE: February 10, 1987 BOARD OF COUNTY COMMISSIONERS COLLIER COL%~TY, FLORIDA Deputy TO FOI~ AND LEGAL SUFFICIENCY R, ANDERSON ASSISTANT COUNTY ATTORNEY R-86-7C & DRI-86-1C Ordinance Donlto LEE COUNTY COLLIER COUNTY Gener,~l Looatlo'n Map MAP A Golden PROJECT LOCATION 183.71 N 0 1 2 3 4 P' ~' j Scale in Miles HOLE, MONTES AND ASSOCIATES, INC Consulttr)g Englnee~ and Surveyorl Revlaacl 2-11-87 TWELVE LAKES PLANNED UNIT DEVELOPMENT DOCUMENT Prepared by Vines & Associates, Inc. 715 Tenth Street South Naples, Florida 339t~0 Phone: [813) 262-~16~ Date Filed: /~-I-~G Date Approved by CAPC: I&'ll"~ Date Approved by BCC:~-/~ Ordinance Number: ~'~/- ¥ III Iv V VI VII VIII MAPS: A H INDEX PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELCPMENT REQUIREMENTS RESIDENTIAL DEVELOPMENT REGULATIONS · ~OMMERCIAL DEVELOPMENT REGULATIONS ENVIRONMENTAL REQUIREMENTS TRAFFIC F, ENGINEERING REQUIREMENTS UTILITIES REQUIREMENTS WATER MANAGEMENT REQUIREMENTS PAGE 1 to 5 to 13 to 19 to 22 to 26 to 28 29 12 18 21 25 27 PROJECT LOCATION MASTER DEVELOPMENT PLAN SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1. PURPOSE The purpose of this S~ction Is to set forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the project name of: TWELVE LAKES. 1.2. LEGAL DESCRIPTION The subject property is 262.33 acres In area. It is described as: That portion of the east 112 of Section ~, Township 50 S, Range 26 E, Collier County, Florida, located north of the right-of-way for Davis Boulevard (SR S-856) and south of the right-of-way for Radio Road (SR S-858). 1.3. PROPERTY OWNERSHIP Title to the subject property is currently in Land Trust # 5222, held by The National Trust Company, P.O. Box 1857, Naples, Florida 33939- 1857. The la'nd trust constitutes a unified ownership vehicle. Decisions regarding trust management are made by a single trustee in accord with management guidelines approved by a majority of the trust beneficiaries. 1.4. GENERAL DESCRIPTION OF PROPERTY AREA The 262.33 acre tract, bounded on the north by Radio Road and on the south by Davis Boulevard, lles one mile west of the Davis Boulevard/SR 951 Intersection. The property is zoned A-2, Agricultural, proposed to be rezoned to P.U.D., Planned Unit Development. The property lies in area "C" of the Collier County Water-Sewer District and within Collier County Water Management District #6. 1.5, PHYSICAL DESCRIPTION The property is relatively flat, ranging In eleva~ion fr~m Just under 12 feet to 9.5 feet above mean sea level. Lands lower than 10 feet in elevation ara generally wetland, vegetated primarily with scattered cypress and associated wetland plants. Ail other lands are generally vegetated with pine and associated upland plants. The largest, wetland area lles in the southeasterly portion of the property and abuts Davis Boulevard. Soil types on the property include Arzell, Broward, Charlotte, Keri,and Sunnyland fine sands. The wetland areas occur in such shallow depressions and have such a short hydroperiod that cypress swamp soils have not formed. Water Management for the Twelve Lakes project is planned to be the lake and natural wetland detention type. Surface water discharge from the project will pass through culverts under Davis Boulevard into the cypress wetlands which were integral with those on the project site prior to being separated by the construction of Davis Boulevard, Ultimate discharge of stormwaters which exit the Twelve Lakes project is to the Lely Outfall Canal which flows to tide water. 1.6. STATEMENT OF COMPLIANCE Development of Twelve Lakes as a Planned Unit Development will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The projectts residential commercial and associated recreational facilities will be consistent with the growth policies and land development regulations of the Comprehensive Plan Land Use Elements and other applicable documents for the following reasons: The subject property has the necessary rating points to determine availability of adequate communit~y facilities and services in conformance with the Collier County Comprehensive Plan. The development will be compatible with and complimentary to the surrounding land uses. All improvements will be in substantial compliance with applicable regulations. The Master Development Plan insures a generous amount of common open space and flexibility in design will Insure a quality living environment for residents of the development. The number of egress and ingress points into the project from Radio Road and Davis Boulevard will be limited so as to minimize the impact of traffic from the project on those two roads. The project will be served by a complete range of aarvicea and utilities. SECTION II PROJECT DEVELOPMENT REQUIREMENTS '2.1. PURPOSE The purpose of this Section is to set forth basic development regulations and to generally describe the project development plan. 2.2. CENERAL Re Development of thls project shall be governed by the contents of thl~ document and applicable sections of the Collier. County Zoning Ordinance. Be Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Zoning Ordinance, 2.3. PROJECT PLAN Ao The Master Development Plan for the project is Indicated on Map (H) of the Application for Development Approval which ia simultaneously filed with this PUD application. A reduced version of the project master plan is attached at the rear of this document. Elements of the Master' Development Plan Include: Land Use ~Acres Wetland Preserve ~18.1~1 Upland Park and Open Space 31.89' Lakes 23.56 Roads 37.15 Residential sites 110.07 Commercial 11.25 Total' 262.33 Project development shall conform to the approved Master Development Plan in general and to the alSproved Subdivision Construction Plans. In addition to the plan elements shown on t~a Mas~er Development Plan, such easements and rights-of-way shall be established within or adjacent the project slte as may be necessary or desirable for the service, function or convenience of the project. The PUD Master Development Plan Is also the Subdivision Master Plan. 2.~4. MAXIMUM PROJECT DENSITY No more than 1,310 residential units shall be constructed within .the Twelve Lakes project. Development of all 1,310 dwelling units would, result in a gross project density of approximately 5 units per acre. 6 PLAN APPROVAL REC~UIREMENTS A. PURPOSE The project Master Plan Indicates the basic nature of development permitted for the project as a whole, consisting of Iowrise residential units of various types, most of which are to front on lakes, wetlands and recreational open space, and a neighborhood shopping center. Recreational buildings and facilities of various kinds may be established In the recreational open space areas, either as a part of the Initial development Improvements or at a subsequent date. Actual development of resldentlal units, recreation facilities, and commercial area will occur in a ser~es of increments. The purpose of the plan approval requirements is to provide a mechanism for the county staff to review proposed project development increments and detailed development plans, and to determlne if the development Increments and the development plans comply fully with commitments established by the PUD Document, the DRI Development Order, the County Zoning Regulations, and all other applicable standards and regulations. B. FRACTIONALIZATION PLAN APPROVAL RECIUIRED FOR RESIDENTIAL AREAS Whenever any portion of the residential development ar~la is to be developed by the original owner or sold for development by others, a plan Indicating the boundaries of the parcel to be developed or sold; its location within the 7 approved Master Development Plan; the number of units for which the parcel is to be eligible; and the existing or planned access to the parcel shall be submitted to and approved by the Zoning Director prior to development or consummation of the sale. Prior to granting fractionallzatlon plan approval, the Zoning Director shall insure that the ·planned fractionalized parcel utilization conforms to the approved Master Development Plan and that the number of units planned for the fractionalized parcel is reasonable in'light of the pattern of dwelling unit distribution which is Indicated by the Master Development Plan and the total number of units permitted by this PUD document. SITE DEVELOPMENT PLAN APPROVAL REQUIRED Prior to issuance of building permits fcr any project structures, the Zoning Director shall approve a development plan for the site in which the proposed building is to be constructed. Site development plan approval shall only be granted by the Zoning Director when the site plan is in substantial compliance with the Master Development Plan, as that plan may be modified by Collier County from time to time. Site development plan Information shall include: 1. Boundaries and acreage of the site, and its location within the approved Master Plan. 2. All easements and rights-of-way in and adjacent the site. 3. Location and size of all water bodies in and adjacent the site. u,. Boundaries of wetland preserve areas, recreational open space, and common areas in and adjacent the site. 5. SideWalks/. bike path locations in and adjacent the site. 6. Internal property lines within the site. 7. Planned building locations= number and type of dwelling units, size and planned use of non-residential structures. 8. Required yards, buffers, drives, parking areas, site access. 9. Boundaries between areas to be cleared and areas in which native vegetation will be retained. 10. Such additional information as the Zoning Director may require for determination of compliance with all applicable standards and regulations. De RECORD PLAT APPROVAL REQUIREMENTS Prior to recording of the record plat, final plans of the required improvements shall receive the approval of the Zoning Director and appropriate other Collier County Departments and Officials to insure compliance with the project Master Development Plan, the Collier County Comprehensive Plan, the Collier County Subdivision Regulations, and platting laws of'the State of Florida. 9 DEVELOPMENT PHASE SEQUENCE Any proposed change in the development phase sequence indicated on the approved Master Development Plan shall require e determination by the Zoning Director as to whether the proposed development sequence change constitutes a substantial deviation to the project as provided for In Chapter 380,06 F.S, 2.6. EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS The foliowing Subdivi~ion Regulatlohs shall be,modified: .'. A. Article X, Section 16: Sidewalks shall only b; required as shown on the approved Master Development Plan. B. Article X, Section 19: Street name signs shall be approved by the County Engineer but need not meet the U.S.D.O;T.F.H.W.A. Manual of Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be waived. C. Article XI, Section 10: The requirement to Install monuments in a typical water valve cover shall be waived. Article XI, Section 17.F. S 17.G.: The principal project road which meanders between Radio Road and Davis Boulevard shall meet minor collector street standards except that the divided entryway sections shall be approved by the County Engineer. 10' Article XI, Section 17.H.: The 1,000 foot length dead and atreat maxlmum shall be walved. Fo Article XI, Section 17.1.: The 40 foot curb radius standard may be reduced to 30 feet for local to local and local to collector streets. Article XI, Section 21: The requirement for blank utility casings shall be waived except at project entrance drives. 2.7. STREETS TO BE PUBLIC 2e8, All platted streets wlthln the project shall be dedicated to the public. IMPACT FEES The Twelve Lakes project shall be subject to all Impact fees applicable to it at the time of project approval. In the event future imp~:t fees are adopted to assist with school, flreo or other public service financing, such fees shall be applicable to the Twelve Lakes project in accord with the terms of the adopted Impact fee ordinances. 11 2,9. LAKES AND RETENTION AREAS Water management facilities shall be only the size and depth required to provide needed development fill~ to meet water quality needs= and to meet governmental agency requirements. Additional project lakes shall be permitted only if additional fill is needed on site. Material excavated on site shall be utilized on site unless the excavation permit authorizes excess material to be removed from the site. Prior to authorization for rem;val of fill from the project site, the developer shall provide the Engineerin{t Director and Zoning Director with evidence of the impact which the off site removal will have on the county road system, traffic patterns and public safety, and shall'l~'e responsible ~or providing such impro~/ementk as are required by the permit to remove material from the site. 2.10. P.U.D. DOCUMENT COMPLIANCE Prior to commencement of the final phase, all commitments in this PUD document shall be met by the developer. If certain commitments are to be met during the development of the final phase, adequate provisions shall be established to assure that all commitments are met by the developer at time of completion of this project. The entity to be responsible for maintenance of various facilities/lakes/preservation areas/etc., shall be established prior to commencement of the final phase. 12 SECTION III ,3.1. PURPOSE RESIDENTIAL DEVELOPMENT REGULATIONS The purpose of thls Section is to set forth residential development regulations applicable to the Twelve Lakes project. · 3.2. USES PERMITTED No buildi[~g or structure, or part thereof, shall be erect, ed, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single family detached dwellings 2. Single family attached dwellings 3. Single family zero Iotline dwellings Multiple family dwellings 5. Group housing and cjuste~ housing Accessory Uses: Accessory uses and structures: customary in single and multiple family ~esidential projects, including recreational buildings, equipment, and associated facilities. 13 Project sales and administrative offices° which may occur in residential or recreational build~ngs, e Model dwellings, during the period of project development and sales. Model dwellings shall be converted to permanent residences at the end of a two year period unless otherwise specifically approved by the Zoning Director. Signs as permitted by the Collier County Zoning Ordinance in effect at the time permits are requested. Temporary sewage treatment facilities in the area indicated '~on the project master plan. Such temporary ~acillties may serve the project until public or other offsite sewerage service is available. The sewage treatment plan and all associated facilities shall be set back a minimum of 50 feet from the tract boundaries= buffers shall be provided as required in Section 3.11. At the option of the Collier CoUnty Supervisor of Elections, any community recreation building within the project may be utilized as a polling place during general or special elections. 3.3. MAXIMUM DWELLING UNITS A maximum of 1,310 dwelling units may be constructed. MINIMUM LOT AREA Ae Single family detached and zero Iotllne dwellings: 6,000 square feet B. Attached single family dwellings: 5.000 square feet per dwelling unit C. Garden apartments: 3,000 square feet for each dwelling unit, 3.5, MINIMUM LOT WIDTH A. Single family detached and zero Iot~ine lots: 50 feet B. Attached ~ingle family dwelling sites: I~0 feet pe¢ single story dwelling unit; 25 feet per two story dwelling unit, C. Garden apartments: 35 feet per ground floor dwelling unit 3.6. MINIMUM YARD REQUIREMENTS Single family detached or attached residential structures Front Yard: 25 feet Side Yard: 7 1/2 feet Rear Yard: 20 feet ,oo, 026- ,, 19 Zero Iotllne residences ~ Front Yard: 25 feet Side Yard: none on one side, 15 feet on the other side Rear Yard: 20 fe~t Garden apartments Front Yard: 25 feet Side Yard: 10 feet Rea'r Yard: 20 feet D. Recreational structures within recreation and (~pen space lands: 25 feet from the recreation site boundary. 3.7. GROUP HOUSING AND CjustER HOUSING: Upon approval of a Site Development Plan as provided for in 2.5.C., the Zoning Director may permit group housing and cjuster housing projects with a common architectural theme to vary from the conventionally required minimum lot area, minimum lot width and minimum yard requirement standards. Prior to approval of group housing or cjuster housing site development plans, the Zoning Director shall insure that the plans are appropriate for and compatible with the surrounding area, and that the basic intent of the PUD standards are complied with. 16' 3.8, MINIMUM FLOOR AREA: A. Dwelling units within Tracts IV A and V A as shown on the Master Development Plan: 600 square feet Dwelling units wi'thin Tracts I A, III A, and III B as shown on the Master .Development Plan: 900 square feet C. All other dwelling units: 750 square feat. 3.9. MAXIMUM HEIGHT: 2 stories 3.10. OFFSTREET PARKING REQUIREMENTS/DRIVEWAY REQUIREMENTS: A. 2 spaces per dwelling unit Drives serving dwellings which abut the collector road shall be arranged in a manner so as not to require vehicles to be backed into the right-of-way, and shall be Interconnected in a manner which results in no closer spacing of driveway/ collector road intersections than one entry/exit drive per 200 feet along each side of the collector road, unless practical difficulties warrant approval of closer spacing by the Engineering Department. 17 3.11. SPECIAL BUFFER REQUIREMENTS: Re Residential sites which abut Davis Boulevard or Radio Road shall, In addition to the required 20 foot rear yard, have an additional 40 feet of rear yard in which a dense planting screen, wall or other buffer shall be established. Detailed buffer plans shall be submitted to and approved by the :ounty prior to or in conjunction with the submission of development site plans for residential properties abutting' Davis Boulevard or Radio Road. The required buffers shall be Installed by..'.the oWner of the properties abutting Davis Boulevard and Radio' Road, whether that owner be the project developer or his successor in title, but prior,to the issue of certlfi~ates of occupancy for dwellings on sites which abut Davis Boulevard or Radio Road the buffer ahall be in place on those sites. A 15 foot buffer strip shall be established along the edgea of the temporary sewage treatment plant site which abut Radio Ro. ad; residential development sites: or an exterior property line. Plans for this buffer strip, comprised of landscaping, fencing, and/or other visual screening, shall provide for a buffer which i~ at least 80% opaque. Buffer plans shall be incorporated in the temporary sewage plant development s'Ite plan which ahall be approved by the Zoning Director and NRMD prior to development of the temporary plant facility. 18 SECTION IV COMMERCIAL DEVELOPMENT REGULATIONS 4.1. PURPOSE The purpose of this Section Is to set forth commercial development regulations applicable to the Twelve Lakes project. 4.2, USES PERMITTED No building or structure, or part ther.eof, shall be erected, altered, or ur. ed;'br land used in whole or part, for' other than the following: A. Principal Uses: A neighborhood shopping center, which shall Include a supermarket es its major tenant. The shopping center may also include a drugstore and smaller retail shops which offer a variety of consumer goods, financial institutions, offices, clinics, personal service establishments, laundry and dry cleaning, post office, and such other uses as are determined by the Zoning Director to be c.ustomary and appropriate in neighborhood shopping centers. 19 B. Accessory Uses: 1. Customary accessor~ uses and structures. Signs as permitted by the Collier County Zoning Ordinance in effect at the time permits are requested. q.3. DEVELOPMENT* STANDARDS A. Perimeter Setbacks That portion of the site which abuts · street right-of-way or commercially zoned land: 10 feet to the nearest paved drive or parking space: 35 feet to the nearest principal structure Be e That portion of the site which abuts residentially zoned lands: '25 feet to the nearest paved drive or parking space; 50 feet to the nearest principal structure. Maximum Height: 30 feet above the finished grade of the lot Required Landscape Buffer Area: When abutting residentially zoned property, as required by the Collier County Zoning Ordinance in effect et the time permits are requested. 20' De Merchandise Stora~je and Display: storage or display of merchandise· There shall be no outside EJ Development Plan Approval: Prior to development of all or any portion of the shopping center site, site development plan approval shall be obtained from the Zoning Director in accord with 2.5.C.,and 'entry/exit drives which connect the shopping center drive syste~n to external streets shall be approved by the County Transportation Department. One access drive shall connect to the Twelve Lakes entrance drive. An additional access drive connecting to Davis Boulevard may .he approved, but may be limited in nature (i.e. right turn in, right turn out) for traffic safety reasons. Prior to grant of site development plan approval, in addition to determination that all applicable development design standards have been met, the supermarket which is to be the major tenant of the neighborhood shopping center shall be Identified and the shopping center development sponsor shall commit to the date by which construction of the supermarket and the associated commercial buildings is to be initiated, and shall Identify the boundaries of the primary market area' expected to be served by the neighborhood shopping center. 21 SECTION V ENVI RONMENTAL REQUIREMENTS 5.1. PURPOSE The purpose of this Section is to set ,forth the requirements established by the Environmental Advisory Council, The development of the project, shall be aubject to these requirements: 5.2. SITE CLEARING Development of the project will be sub;act to the County. Tree Removal Ordinance in existence at the time of permitting. A site clearing plan shall be submitted to the Natural Resources Management Department 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 development plan incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. Prior to preparation of a detailed site development plan in accord with Section 2.5.C., a conceptual clearing plan must be submitted' to NRMD for review. The purpose of this submission is to permit NRMD to assist the developer in maximizing the retention of native plant material and wildlife habitat. 22 . 5,3o NATIVE PLANT SPECIES UTILIZATION Native species shall be utilized, where available, to the maximum extent possible in site landscaping. Landscaping plans shall be submitted to the Natural Resources Management Department for review and approval, and shall apply with applicable regulations. Landscape plans shall identify native plant species as well as other species, if any. A goal of site landscaping shall be the recreation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 5.4. EXOTIC .PLANT REMOVAL All exotic plants, as defined by County ordinance, shall ba removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, · maintenance program shall be implemented to prevent reinvasion of the site by exotic plants. A plan describing removal and control techniques, and inspection intervals, shall be filed with and approved by the Natural Resources Management Department. I 5.5. ARCHAEOLOGICAL AND HISTORICAL SITES If d.uring the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifacts, or other indicator is discovered, all construction at that location shall be immediately stopped and the Natural Resources 23 5,6, Management Department notified. Development will be suspended for · sufficient length of tlmo to enable the N~tural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvage ability. 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 construction activities. RED-COCKADED WOODPECKER SURVEY Prior to site clearing, a survey shall be conducted ,to verify the presence or' absence of the red-cockaded woodpecker. If woodpeckers are found nesting within the parcel, the petitioner shall avoid disturbance of the nest tree area, and shall satisfy all state (Florida Game and Fresh Water Fish Commission) and federal .(U.S. Fish and Wildlife Service) stipulations concerning the protected species. 5.7. SURFACE WATER TO WETLANDS Water management plans should promote stormwater runoff being channeled to and retained within wetland preserves. 5.8. ADMINISTRATIVE PROCEDURE Adherence to the above stipulations shall occur through mutual agreement between NRMD and project representatives. If mutual agreements cannot be reached, the matter will be brought before the EAC or whatew~ county environmental review board is in power at the 2~ time of disputes, which board shall arbitrate the dispute. If arbitration is futile, the dispute will be brought before the Board of' County Commissioners who shall act as the final arbitratoe, .25 SECTION VI TRAFFIC AND ENGINEERING REQUIREMENTS 6.1. PURPOSE The purpose of this Section is to set forth the traffic Improvement requirements which the project developer must undertake as an Integral part of the project development. A. The developer shall provide fair share contributions toward the capital cost of traffic signals at the project entrances on Radio Road*land on Davis Boulevard when deemed ~/arranted by the County Engineer. The signals shall be owned, operated and malntained by Colller County. The developer shall provide between 20 and 35 feet of additional right-of-way (The exact amount to be determined when right-of-way permits are applied for) along the south side of Radio Road and the north side of Davis Boulevard for drainage Improvements, bike paths and appropriate turn lanes to serve the project. Subject to FDOT approval, the developer shall provide a sidewalk/ bike path within the Davis Boulevard and Radio Road right-o.f-way and abutting the property. If existing right-of-way is not adequate for construction of said sidewalk/bike path, es determined by the County Engineer and/or FDOT, the developer, his 26 successors or his assigns shall provide such right-of-way or easement as is necessary. Sidewalk/ bike path will not be required until a sidewalk/ bike path network Is existing end provides pedestrian/bicycle transportation to useful placee within the area as determined by the County Englneer. Construction of the sidewalkl bike path will not be required by the developer if'it is constructed as part of public works improvements to D~vis Boulevard or Radio Road. Prior to approval of the final phase of construction, if the sidewalk/bike paths have not been constructed, the developer shall provide the necessary rights-of-way or easements and, at his option, construct the sidewalk/ bike paths, or post a bond in the amount deem. e,d necessary by the County Engineer to Insure the sidewalk/bike paths will be constructed, or make payment to the County for the cost of sidewalk/bike path Improvements at the current cost of construction as determined by the County Engineer. If the latter is chosen the County would then be responsible for construction as part of a Countywide program. These improvements are considered "Site related" as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. 27 SECTION VII UTILITIES REQUIREMENTS 7.1. PURPOSE The purpose of this Section is to set forth the utilities requirements which the project developer is comn~ltted to meet.. 7.2. WATER AND SEWER The April~8, 1986 five page memorandum from JoEn F. Madajewski, Utilities Er{gineering Director to Ann McKlm, Planning Department RE: Petition R-86-7C (DRI 86-1C)- Twelve Lakes contains standard county Utilities Department stipulations regarding the Installation of water and sewer facilities. The content of this memorandum is agreed to by the Petitioner, and the memorandum is attached as an Exhibit to this P.U.D. document. With respect to the memorandum's Paragraph G which deals with the utilization of treated sewage effluent for Irrigation and potentially for fire flow purposes, it is recognized that the county has not yet determined whether the Twelve Lakes project will be selected as a treated effluent receiving area. Accordingly, commitment has been made In the Twelve Lakes Application for Development Approval that, prior to the preparation of definitive irrigation plans for the Twelve Lakes project, appropriate Input from the county will be obtained to insure that applicable county effluent use plans are complied with. 28 SECTION VIii WATER MANAGEMENT REQUIREMENTS 8.1. PURPOSE The purpose of this Section is to sat forth the raquiremanta established by the Weter Management Advlsor~ Board, which requirementl shall be met by the project developer. 8,2, ,REQUIREMENTS: A. Detailed site drainage plans shall be submitted to the County . Engineer 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 County Engineer. The N.M.R.D. shall review site drainacje plans and provide comment to the Engineering Department B. An Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and as may be amended in the future. Ann ~cKim Plannin )art Re: Petition R-86-7C (DRI 86-10) - Twelve Lakes We have reviewed the above referenced Petition and have no obJgccion to rim cezone a~ requested. Ilowever, we require the following stipulations ;,~.; a ,:,)ndicion co our recommendation for approval: A) N;,t,'-r & Sewer 1) Water distribution and sewage collection and tcansmteelon systems will be constructed throushouc tho pcoJeet development by the developer pursuant to all current requirements oi Collier Cobnty and the State o~ ~lorida.. Water and sewer facilities constructed within platted rights-of-~ay or ~ith±n utility easements required b~ the County shall be conveyed to the County for o~nership~ operation and maintenance purpoaas pursuant to appropriate County Ordinances and resulattons in affect at the time o~ conveyance. Ill water and sewer £acilitiss constructed on private property and not required by the County.to be. located within utility easements shall b,: owned, operated and ~tntained by the Developer, his assi§ns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above casks must be completed Co the satisfaction 'of the Utilities Di'~iston prior to 91~cip. g any utility fscilittes, County c~med or. privately ovned, into sec]ice. Upon completion o~ the va~er and/or se~er facilities ~nd prior co the issuanc*e of Certificates el Occupancy for structures vichin the project the utility facilities shall be con- veyed Co the County, ~hen required by the Utilities Division, pursuant co County Ordinances and Regulations tn effect aC Cbs time conveyance ts 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. 3) All customers .connecttn~ to the water distribution and sewage collection facilities will be customers of tbs County and will bs billed by ~he County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sawer service to . the project,, the water and/o~ ,3e~;ar customers shall be customers of the " interim utility established Co serva fha project until the County's off-site water and/or sever facilities ara available co ~a~va the project. . F~IM AP/ IOO/-L ~J To: Ann HcKim,.Plannin~ Dap=. .. ' April 8, 1986 ~) IC is anticipated chac the County Utilities Division will ultimately supply potable vater to meeC the consumptive demand and/or receive and treat the sewage generated by. this project. Should the County system not be in a position to supply potable water co the project and/or receive the project's wascewater ac Cbs time development commences, the ~).:'.,c]..p~', at his expense, will install and operate interim water supply :,~,.I ,,,~-:~:[te treatment £acili~ies and/or interim on-site sewage Craacmen~ and disposal facilities adequate ~o meet all requirements of the a~propriate regulatory agencies. $) Au Agreement shall ba entered in~o between ~he County a~d the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of cons~ruc~ibn documents for the proposed project, stating that: a) The proposed water supply and on-site ~reatment facili~ies and/or on-site wasuewater treatment and disposal facilities, if required, are to be constructed as part of the proposed proJec~ and mus~ be regarded aa innerim; they shall be constructed to State and Federal s~andards and ar~ ~o be'owned, operated ~nd maintained by the Developer, his assigns or successors ~nuil such time as the County's off-si~e w~er facilities and/or of£-sita sewer facilities are available ~o service ~he project. The interim treatment facilities shall :supply services only Co Chose lands owned by the Developer and approved by the County ~or developmenz. THe utility faciliCy(ies) may no~'be expanded ~o provide water and/or · sewer service outside ~he devalopmen~ boundary approved By ~be County.. without the written consen~ of the County. b) Upon connection to the County's off-siCs water facilities, and/o~ sewer facilities, ~he Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim wa~er and/or sewage treacmcnc facility and discontinue use of the water supply source, if applicable, in a manner consistent wi~h State of Florida s~andards. Ail work related with this activity shall be performed a~ no cos~ 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 Co the ' County within ~0 days after such facilities become available. The cost o£ connection shall include, buC nec be limited 2o, all engineerinz design and preparation of construction documents, permitting, modifica- tion or refitting of exiscin~ sewage pumping facilities or construction of new master sewage pumpin~ facilities, interconnec~ion wi~h County o££-site facilities, wa~er and/or sewer lines necessary ~o make ~h, . connection(s), ate. '~' To: Ann McKim, Plann~g Department April 8, 1986 d) At the time County off-site water and/o~ sewer facilities are a~ailable for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant Co appropriate County Ordinances and Regulations in effect at the time: ]) Ail water and/or sewer fncilities constructed in publicly .wucd rights-of-way or wit:hin utility easements required by the Cmmty within the. project limits required tO make connection with the Couuty's off-site water and/or se~er facilities; Or, 2) All water and sewer facilities required to connect the project co the County's off-sics water and/or sewer £scill~iee when the on-site water and/or sawer facilities are constructed on private property, and not required by. the County to be located within u~ility easements, including'?u~ not limited Co =he following: a) Main sewage lift station and force main in=er- connecting with the County sewer facilities including all utility easements necessary; b~ ~ Water distribution facilities fro~ Cbs 'point of connection with the County's water facilities Co 'the master water meter serving the project, including all utility easements neceaaaryo e) The customers served on an interim basis by the utility system constructed by the Developer shall b~come customers of the County aC the time when County off-site water and/or sewer facilities ara available to · serve the project and such connection is-made. Prior to connection of the project to the County's off-sits water and/or sawer facilities the Developer, his assigns, or successors shall turn over ~o the County a complete list of the customers served by the interim u~llities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. f) All construction plans and technical specifications related Co connections to the County's off-site water and/or sewer facilities will be submit~ed Co the Utili~iea Division for review and approval prio~ CO commencemen~ of construction. To: ~n HaKe, Planning Depar~en= .. . ' April 8, 1986 g) ~e Developer, his assigns or successors agree to pay all systec .development charges at the sims that Building Pe~i=s are required, pursuant co appropriate County Ordinances and Regulations in effect at the time of Pe~iC request. This requircment shall be made kno~ to all pronpeccive buyers of propertics for which building pe~ics will bs · r,~,'lUlrcd .prior to th~ scare of buildin~ construction. It) Thc Com~y will ]efl~e to ~he Developer for opera=ion and maintenance (:ha ~accr discr/l,uCion a~d/or sewage collection, and sransmiasion system for aha sum of $10.00 p~r year, when such system ia nsc connected to the off-stoa water and/or sewer facilities owned and operated by the Counsy. Terms of ChQ 1essa shall be deCe~mined upon comple~ion of the propose/ utility construction end prior co activation of the water supply, sren:mcnc and disuribusion facilicios and/or she sewage collection, transmission and treacmenS facilities. The Leasa, if required, shall remain in effect until she County can provide water and/or sewer service chrouah ics off-site facili=ies .or uncil such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. B) DaCe required under County Ordinance No. 80-112 showing the avail- abiliuy of sewage service, must be submitted and approved by the Ucilicies Division prior so approval of che construction documents for sh~ project. Submi: a copy of the approved DER permits for the sewago colleculon and uransmission sysuems and the wastewater treatment facility to be uuilized, upon receipt thereof. .. C) If an interim on-sire wa=er supply, creasment and transmission facility is utilized to serve She proposed project, it must be properly sized ~o Supply avera§e and peak day domes=ic demand, in addition to fire flow demand ac a rase approved by =he appropriate Fire Control District servicing she project area. D) Construction and ownership of the water and sewer facilities, including any proposed interim water and/or sewage treatment facilities, shall be in compliance with all Utilities Division 8:andarde, Policies, 'Ordinances, Practices, etc. in effect at the time construction approval is requessed. E) Desailed hydraulic design reporss covering the water distribg~ion and sewage collection and transmission sysComs to serve the project must bo submitted wish ~he construction documents for ~ha project. The reports shall lis~ .all design assumptions, demand razes and o~her .fAczo=s ' pertinent co cha system under consideration. ,oo 026:,'., 37 To~ Ann M¢~m Page~ ~~ " April 8, 1986~ F) ~en the County has the ability to provide sewage treatment and disposal services, the Developer, his assigns or succ&ssors will be responsible to connect to these facilities at a point to be established by the County, with the Developer assuming all costs for the connection work to be performed. .;) Thc project's Developer, his assigns or successors shall construct and uti] i;,.: an on-site secondary distribution system for the use of treated :;.:,~:,::~ effluent within the project limits, for irrigation purposes and [mt,mtially for fire flow purposes. Tile Owne~ would be responsible for providinil all on-site piping and pumping facilities from the County's point of delivery to the project and will pr°vide full we~ weather on-site storage facilities, aa required by the DER, consieten~ with the volume o£ treated wastewater to be utilized. Treated effluent will ~a supplied to the project pursuant to the County's established rata schedule. The secondary distribution system shall be constructad',pursuant to the findings of a detailed hydraulic design report. Thc repo?t ~ust be submitted with the construction documents for the project. The report shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. H) Prior to'hpproval of construction documents by tile Utilities Division, the Developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Sex~ica Commission has $~antad territo- rial rights to the Developer to provide sawer and/or wa~er service Co the proJect~ if an interim treatmen~ facility is required, until ~he County can provide these services through its water and sewer facilities. I) The project's water distribution system shall be connected to the District's 12 inch water main on the south side of Radio Road, extended throughout the project, extended across Davis Boulevard to the south side of tbs roadway and terminated with an approved blowofi assembly. The Developer shall make the tap to the Davis Boulevard water main and cap the tapping valve. When deemed necessary, the Utilities Division shall connect the project to the Davis Boulevard water main from the project water main to the Davis Boulevard tap. J) Section 7.1 of the PUD document must be revised to make reference co this memorandum, by date, and specify the Petitioner's acceptance of the' stipulations contained herein. A revised copy of the PUD document and drnft Ordinance for tbs rezoning approval must be submitted Co ~he Utilities Division for review and approval prior co ~he Petition bsinS considered by the Board of County Commissioners. JFM/ah '" cci William R. Vines, A~nnt~ A Portion of the ElS! 112 o! 8eclion 4. Twp. SO 8. Rge. 28 E ! Z ! mo D MASTER DEVELOPMETVT PLAN M.4P ~'~'~.STATE OF FLORIDA ) COUNTY OF' COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE 87-4 which was adopted by the Board of County Commissioners on the 10th day of February, 1987 during. Regular Session. WITNESS my hand and the official seal of th~' Board of County Commissioners of Collier County, Florida, this 17th day of February, 1987, County Commission~£s.~' ' , ,~,? '~,. '~ Deputy Clerk ~;'~:~ ~,~ 87-1 DEV~OPMEIq'I ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR TWELVE LAKES PLANNED UNIT DEVELOPI'LENT LOCATED IN SECTION 4, TOWlqSHIP ~0 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA~ ...4 WHIiREAS, Vines and Associates, Agent, for National Trug~ Co~pany, Applicant, filed on April 1,'1986, with the County of Collier an Appli- cation for Development Approval (ADA) of a Development of Regional Impact (DRI) known as, Twelve Lakes Planned Unit Development in accor- dance with Section 380.06(6), Florida Statutesl and ~HEREAS, Vines and Associates have obtained all necessary approvals and conditional approvals fro~ the various Collier County agencies, departments, and boards required as a condition to Planned Unit Develop- ment (PI~) zoning and DRI approvall and WHEREAS, the Board of County Com~issionera as the governing body 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 Impactl and WHEREAS, the public notice requirements of Chapter 380 and the Collier County Zoning Ordinance have been aatiefiedl and ~tEREAS, the Collier County Planning Co~mission has reviewed and considered the report and recommendation of the Southwest Florida Region- al Planning Council (SWFRPC) and held a public hearing on the ADA on December 18, 1986; and ~YtEREAS, the Board of County Comissioners has passed Ordinance which rezoned the subject property to PUD; and ~HEREAS, Twelve Lakes ADA ia also part of an overall reaoning application by the developer; ;and the issuance of a development order pursuant to Chapter 380.06. Florida Statutes, does not constitute a waiver of any%powers or rights regarding the issuance of other develop- ment per.its by the County or State~ and ~I~EREAS, on February 10, 1986~ the Board of County Commissioners, at an open public hearing in accordance ~ith Section 380.06~ Florida Statutes, considered the application for Development of Regional Impact submitted by Vinas and Associatas~ A~entl the report and recommendatio~s' of the S~rFRPCi the certified record of the documentary and oral svidancs presented to the Collier County Planning Commission~ the ~epor~ and ~ec~endaCions of the Collier County Plannin~ C~ission~ ~he ~ec~en- de,ions of Collier Co~ty Staff and Advisory Boardsl and th* c~enta upon th~ record ~d~ b~fors this Board of County Co=ission~rs at said mee=inE, hereby makes the follo~n8 ~indinls of Fact and ~nclusion Law: FI~INGS OF FA~ 1. ~a real property vhich is th~ subject of th~ ~A is l~sally deacrib~d as set forth in ~xhibit A~ th~ Planned Unit D~v~lop- ment Document for ~lve Lakes attached he=sro and by ~nce ~de a part hereof. ~ application ia in acco=danc~ vith l~ction 380.06(b)~ Florida Statutes. 3. ~e applicant sub, trod to th~ County an ~A and ~&%po~s ~o~ as csposits ~ibit B~ and by'r~fa=ence ~d~ a part hereof~ to tbs ext~nt that they ar~ not inconsist~nt ~th th~ te~ and co~ditions of this O=d~. i. ~s applica~t proposes the day.lo,ant of ~slva Lakes Planned Unit Development, for 262.3 acres which includls= 11.3 acres of co~ercial, 1~310 dw~llint units on 110, and approxi~t~ly 1~1 acres of other uses i~cludint parks/open space, wetland presage, and lakes. 5. ~e Development is consistent vith th~ ~po~t and rec~enda- tions of the S~C ~b~tted pursuant to iubsection 380.06 (11)~ Florida 6. ~ developaenc rill ~ot unreasonably interfer~ achieveaent of the obJ~tiv~s of th~ adopted State Land Devel- o~ent Plan applicable to the area. 7. A c~prehensiv~ review of th~ ~pact E~nerat~d by th~ d~v~lop- ment has been conducted by the appropriat~ County dsparc~nts and aE~nciea and by the 8. ~ develo~nt is not in an area d~si~at~d an A=~a of ca1 State Conc~m pura~nt to the provisio~s of S~ction 2 Fiorida Statutes, aa a~snded. 9. The development is consistent with the land development regula- tions of Collier County. CONCLUSIONS OF LAW ~)W, THEREFORE, BE IT RESOLVI~D by the Board of County C~iaaloners of Collier County, Plorida, in public meeting, duly constituted and assembled January 13, 1987, that the Development of Regional Impact Application for Develo~ent Approval submi~ted by Vista and ~socia~as~ A~en~, is hereby ordered approved subJec~ to the foll~i~ conditions as rec~ended by th~ S~C or in response to their rec~endation and the co~itments specified in the P~ which are hereby adopted as co~i~ions of approval of this Develo~ent Order~ 1. D~INAGE/~ATER ~U~I~: ~e applicant has proposed a surfact water manasement system that should no~ adversely affect resional wa~er quality nor qu~=ity. ~ ~elve ~s D~ si~e is si=ua~ed ~hin ~he Colli~ Coun=y Diatric~ S~ D~ainage ~or~, eventually o~fallin~ ~o ~he Lely Canal ~d on ~o Dollar Bay and ~he Rooke~ Bay S=a~e Aqua~ic Prese~e, a rationally siinifican~ wa~er resource. ~e ~o ~ecen~ deci- sions made conce~inE car~ing capacity of ~he exia~ini DisCric~ drainase works, ~he ~elve Lakes DRI has had ~o reduce its pos~ d~velopmen~ s~o~a~er discharte ra~e of .06 cfa, as per ~he Sou~h ~lorida ~a~er ~g~men= Dis~ric~'s cu~en~ ~egional Condittons~ a. All c~enCa provided ~thin ~he ~elve Lakes ~A and supplemental suffici~ncy dot,enOs, ~h respec~ Co ~ts~ions 22 (Drainage), shall be incorpora~ed as co~di- ~ions [or approval. b. ~ on-soins~in~enance, ~i~ainin~, and sampling prosr~ ~hac retularly i~spec~s, ~in~alas and s~les ~he s~o~a~er drainage sy~ shall be ~pl~e~eg upon c~pleCioa o[ ~h~ first phase of ~he va~er ~semenC Ce me system, by the project owner, or his successor o~ designee, through the project's lifetime. The wateF quality sampling program shall be undertaken by the project owner or his successor or designee as required to furnish water quality samples and water quality data to water management agencies which indicate a need for such samples and data. The applicant, after finalizing development plans for the Neighborhood Co~ercial parcel, shall coordinate with the Collier County Department of Environmental Science and Pollutio~ Control and the Florida Department of Environ- mental Regulation (FDER) for the provision o[ temporary transfer/storage of special and hazardous wastes, as classified by FDER, that are generated by the develop- Local Conditions: ~ Detailed site drainage plans shall' be s~bmitted to the County Engineer for review. Ho construction permits.shall be issued unless and until approval oi the proposed construction in accordance with the submitted plans is granted by the County Engineer. The developer shall submit these plans to the KRHD for their review and b. Aa Excavation Permit will he required for the proposed lakes in accordance with Collier County Ordinance 80-26, as amended by Ordimsnce Ho. 8)-), and ae ~ay amended in the ~uture. ENERCT: The proposed project would he a~ all electric develop-. ment and would increase the energ~ demands o~ the Region. The applicant has committed in the ADA to provide a variety energy conservation measures to reduce the impact o£ that increased energy demand. Regional Conditions: a. The bicycle-pedestrian system approved on the PUD ~aster Plan shall be developed in pace with project development. b. Bicycle zacks or storage facilities shall be provided in recreational, c~ercial and multi-family residential areas, with the locations to be approved by the Zonin~ Director. c. The project developer and subsequently the project property owners association, shall cooperate with 'the appropriate agencies in the location of bus stops, shelters, and other passenger and system accommodations for such transit system(e) as may serve the project area in the future. d. In addition to compliance with such energy efficient requirements aa are incorporated in the Collier County Building code, project building designers/constructors are encourage to use energy-efficient' features in window design (e.g., tinting and exterior shading), operable windows and ceiling fans and to install energy-efficient appliances and equipment. Deed restrictions or covenants that would prevent or unnecessarily hamper energy conservation efforts (e.g., building orientation, clotheslines, and solar water heating systems) shall be prohibited. f. Site development plans shall minimize coverage by asphalt, concrete, rock, and similar substances in streets, parking lots, and other areas to reduce local air temperatures and reflected light and heat. g. Energy-efficient lighting shall be utilized for streets, parking areas, and other interior and exterior public aress, h. Building plans shall specify the use of water closets with a maximum flush of 3.5 gallons and shower heads and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 pounds of pressure per square inch) as specified in the Water Conservation Act, Chapter 553.14, ~.S. i. Project landscape plans shall utilize native plants, trees, and other vegetation and landscape design features that reduce requirements for water, fertilizer, ~aintenance, and other needs; shall pravlda for the planting of native shade trees -to provide reasonable shade for all ~ecreation areas, streets and parking areas and rasidentia! units; end shall position tress £o provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. Building planners should utilize orientation of structures, as possible, to reduce solar heat gain by wails and to utilize the natural cooling effects of the wind and provide for structural shading (e.g., trellises, awninis,, and roof overhangs) wherever practical when natural shading cannot be used effectively. Porch/patio areas should be included'in residential units. The project developer, the hom6~mers association, and the project architectural review comnittea, if one is established, should all encourage energy conservation measures (both those noted here and others) to assist builders and =enants in their efforts ~o achieve greater energy efficiency in the development. k. Porch/patio areas should be included in residential units. 1. The project developer, the homeowners associa~ion, and the project architectural review co~nittaa, if cna ia established, should all encourage energy conservation measures (both those no,ed here and o~hers) to assist builders and tenants in their efforts to achieve ~reatar enersy efficisncy in the development. TRANSPORTATION: Traffic generated by Twelve Lakes DRI~ when com~i~ed with ocher 8forth in the area, will necessitate improvements co SR 84 (~avis Boulevard) if level of service "C" conditions are to be maintained. The County has adopted a Road Impact Fee Ordinance (Ordinance ~85-55) and =he Developer, or i~a successors, shall pay cha impact fees specified therein , or any amendment thereto, for all development at T~elve Lakes. These impact fees, together with thaC portion of iasoline taxes and ad valorem taxis generated from the project, and progr~ed for road improve- ments, together vith the dedications and other contributions specified herein, shall mitigate the trausportation impacts reasonably attributable to the development. Should the Board of County C~issioners deter~ina the above cited impact fees, local gasoline taxes, and ad valorem taxes, shall not be applied to State Road 81, and the county commits to assist the State in ~aintaining an acceptabl~ 1~1 of se~ic~ on Sta~a Road 84~ then the D~v, loper, or successors,, shall pay its proportio~ta shaft of the i~rove~ents needed to =atntain Level Of Semite t'c", on an averaie annual basis~ io~ th~ ae~ents of State Road sitnificantly impacted, as par~ of a dul~ adopted area vide funding prosram. ~y parents ~de "shall be deemed to be non-site related and subJec~ to a dete~i~ion of atains~ local ~pac~ fees required of the developer. l;tional Conditions: a. ~e applican~ shall be required to pay for any tion ~provements (includinS but not l~ited to siEnalization~ tu~ lanes and additional through lanes) found to be necessa~ by the Collie= County Ttanspo=ta- t/on Depar~ent or Florida Department of Transpo~tation for the project's access intersections onto Davis Boule- vard throughout all phases of the develo~ent. b. Adequate c~itments shall be made to provide the total improvements~ including right-of-vay~ si~alization, tu~ lanes~ and other ~prov~ents necessa~ to Lays1 of Semite 'C's on an annual avaraia daily bas!s~ on the roadways and intersections siEnifican~ly ~pact~d by this DRI develo~en~ through its bulldout. development*s i~pact shall be deemed significant ~hen its total traffic using a roadway o~ intersection ~xceeds of the road or intersection capacity at Lev~l of "C". Collier County shall cmi~ to the p~osr~nS such improvements in a timely ~anner, and to the fundin~ of such improvements with approp~iata applications of public funds and/or private funds, including appropriate impact fees and/or proportional share payments collected from this DRI development in accordancs vith provisions of the Collier County Impact Fee Ordinance and State statutes and rules. The progrannning or funding of such improvements on the State highvay system shall be coordinated vith the ~lorida DOT and vith the progr~tng o£ Scats Prinmry Riihvay funds in Collier County. Subject to redsterninatfon of transportation impacts and calculation of proportional share payments based on the monitoring studies specified in 3c. and 3d., the folloving roadvays and intersections ara ~xpected to be substantially impacted by this development at its bulldont~ Regional Roadvaya: SR 84 (Davis Boulevard) - Airport-Pulling Road to Kinss ~ay - Kings ~ay to County Barn Road - County Barn Road to Santa Barbara Boulevard - Santa Barbara Boulevard to Tvelve Lakes south sntrancs - Twelve Lakes south entrance to CR 856 (Radio Road) - Radio Road to (CR 951) Isles of Capri Road Local Roadways: CR 856 (Radio Road}. - Airport Pulling Road to lings ~ay - Kings ~ay to Santa Barbara Boulevard - San~a Barbara to Twelve Lakes Entrance - Twelve Lakes Entrance to Davis Boulevard .C?unt~ Barn Road = Davis Boulsvard to Rattlesnake-Ha~,nock Road Intersections= - Davis Boulevard at CR 951 - Davis Boulevard at Radio Road - Davi~ Boulevard at Santa Barbara - Davis Boulevard at County Barn Road - Davis Boulevard at lings ~ay - Davis Boulevard at Airport-Pulling Road - Airport-Pulling Road at Radio Road - Radio Road at lings ~ay - Ra~io Road at Santa barbara c. Prior to.the approval of any land uses indicated in the ADA, for Phases II through V of Twelve Lakes (beginning in 1989), the applicant shall., prepare and submit a revised transportation analysi~" to the Naples A~ea (Collier County) ~etropoliCan Planning Organization, FDOT, DCA, and Southvest Florida Regional Planning · ~ Council, This revised analysis shall' include only existing roads and progr~ed road improvemants, vith committed funding, or planned roads with right-of-way assured through ordinance and will reassess the transportation impacts of. Twelve Lakes DRI Phases II through V. The report rill be equivalent to an update of the applicant's ADA assessment of ~usstion 31 in the questionnaires, documenting commitments in approved planning programs to fund future roadway improvements required during Phases II through V. Approval or approval with conditions for Phases II through V rill be decided by the County, based upon the results o[ this reanlysis and considering any reviev and recommendations provided by the Regional Planning Council and ocher transportation reviev agencies, d. The fining for the initiation of the improvements out- lined in recommendations ~" above shall be made at the time chat a road segment/intersection ia found Co exceed ee level of service "C". Service Level dete~aina~ion shall be made by the appropriate County Department or FDOT. To determine the existing levels of service on regional facilities and the need £or ~he improvements in a ~imely manner, the applicant shall submit an annual monitoring report to the Collier County Transportation Department, ~DOT and the Southwes~ Florida Regional Planning Council for review. The £irst monitoring report shall be submitted one year after the issuance of the first building permits for Twelve Lakes. Reports shall be submitted annually until buildout of the project. At a minimum, this report shall contain traffic counts and tvrning movements taken at the access points to the sits .. and at each of the intersections listed above in recommendation '%". The purpose of the monitoring report sba. il be to i~dica~e when LOS "C" is expected to be exceeded 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 significance of impact of the DRI on the impacted roadways. Based on the staff transportation assessment, construc- tion of the following road improvements shall be needed prior to, or coincident with, the development of Twelve Lakes DRI if level of Service "¢" conditions are to be maintained. Regional Roadways (including intersection improv~aente) Phase I (1988-1990) Santa Barbara Blvd. - Phase II (1989-1992)- Phase III (1991-1994) SR 84 (Davis Blvd.) - Phase IV (1993-1996) SE 84 (Davis Blvd.) - Radio Road Construction as a ~wo lane roadway from Davis Boulevard to Rattlesnake Hamock Road should ba programmed and funded. No aignifi~aut segment improvements due to Tvalve Lakes DR! ara anticipated. Widen to six lanes with a median from Ai~port-Pulling Road to Livingston Road extension. Widen Co four lanes rich a ~md~n fron extension to Widen to four lanes with a median from Santa Barbara Blvd. to TWelve Lakes entrance. Widen to four lanes vith a median from Radio road to SR 951. Widen to four lanes with a median from TWelve Lakes en- trance to Radio Road. ~iden to four lanes rich a median from Santa Barbara Boulevard eae~ward to Davis Boulevard. Phase V (1995-1998) SR 8& (Davis Blvd.) - Radio Road County Barn Road- The segment directly east of Airport-Pulling Road may require eight laming and the remaining segments eastward to Santa Barbara will requite six laming during this phase. Hay, require widening to 6 lanes with out median from Airport Road to Kings Way. CountyBa.rn'Road presently operates 'at LOS A, however with the added .influence of developments in the area, coupled vi. th a degradation in LOS on Davis Boulevard, the volume of traffic on County Barn Road could easily approach capacity in'Just a couple of years. fe If level of service "C" on an average annual daily condition for any roadway segment/intersection identified herein is exceeded and project traffic on said roadway segment/intersection equals or exceeds 32 %f Level of Service "C" service volume (utilizing generalized service volumes as established by FDOT)4 and (a.) The roadway improvements necessary to return to Level of Service "C'! or better condition, is not programmed on the applicable HPO or Collier County five year traffic improvement plan with identified funding; or (b.) If such progr----ed improvement is deleted from said five year traffic improvement plan; or 12 (c.) If five years pass without the start o£ construction of said improvement; or (d.) The level of service on any said roadway segment/intersection exceeds level of service D on sa annual average daily condition prior to the construction of the progrannned improvement; then a substantial deviation shall be 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 vithh six months of the data of notice that a substantial deviation has occurred. Further development will be authorized tnd conditioned by the final amended development order. If the same conditions occur ex~ept that the developer has paid his proportional share of the cost of said roadway segment or intersection, either through advance payments or substantial deviation determination shall -he made by Collier County addressing the status of the needed roadway improvements, and the steps needed to implement these improvements. Local Conditions: The developer shall be bound by the phasing schedule in the ADA insofar aa it calls for the development to proceed at the north side (near hdio Radio) and not provide access to Davis Boulevard until 199& (Phase 3). All parcels abutting the main collector road and having direct access to it shall have self contained turn around areas or circular driveways so as not to require vehicles to be backed into the right-of-way. The residential sites located along the principal street between Davis Boulevard and Radio Road should be limited to the number de of driveway access points (maximum of one drive avery two hundred feet). (The proposed layout could possibly permit one drive every ~0 co 60 ~eeC on a collector aCreec,) The main collector road shall be constructed to collector road standards as provided in the Subdivision Resulations. The developer shall provide fair share contributions toward the capital cost of traffic signals at the project entrances on Radio Road and on Davis Boulevard when deemed warranted by ch, County Engineer. The signals shall be owned, operated and maintained by Collier County. The developer shall provide between 20 and 35 feet of addicioual right-of-way (the exact amount Co be datsminad when right-of-way permits ara applied for) along the south side of Radio Road and the norch'.~ida of Davis Boulevard for drainage improvements, bike paths and appropria~e turn lanes to serve the project. These improvements (b-a, above) are c~naidered "site related" as defined in Ordinance 85.-55 and shall hOC be applied as credits toward any impact fees required by that ordinance. A eidewalk/bikepa£h should, be provided along the entire frontage of Davis Boulevard and Radio Road. Subject to ~DOT approval, the developer shall provide a sidewalk/bike path within the right-of-way and abutting the south/north boundary of the property. I~ existing righ~-of-~ay is not adequate for cons~ruction of said sidewalk/bike path, as determined by the County Engineer and/or FDOT, the developer, his successors or his assigns shall plovida such right-of-way or easement as is necessary. Sidewalk/bike path will. hOC ba required until a sidewalk/bike path network is existing and provides pedestrian/bicycle transporta~ion ~o useful places within the area as determined by the County Engineer, Conattmc- tion of ~he sidewalk/bike path will not be required by the developer if it ie constructed aa parc of FDOT'a improve- ments to Davis Boulevard (SR-8&). Prior to approval of the final phase of construction, if the sidewalk/bike path has not been constructed, the developer shall provide the necessary right-of-way or easement and, at hie option~ construct the sidewalk/bike path, or post a bond in the amount deemed necessary by the County Engineer to insure the sidewalk/bike path will be constructed, or ~ake payment to the County for the cost of sidewalk/bike path i~provements at the current cost of conet~uction as determined by the County Ensineer. If the latter is chosen ~he County vould then be responsible for construction as part of a County-vide program. A street connection shall be provided to the west property line to connect to Sabal Lakes PUD along the north half of the vest property line (approximately 1,900 feet south of Radio Road) as aho~n on the PUD Baster Plan. t~' The streets shall be public. A buffer and additional rear-yard setback shall be provided along those lots abutting Davis Boulevard and Radio Road. VEGETATION ~ ~rlLDLIFE: The ~pplicant has identified the potential for certain species to exist in preservation areas on the site. The primary issue of regional concern is project impacts to 5 species of plants and 13 species of animals which are endangered, threatened, or are species of special concern that may grow, feed, nest and breed on the T~elve Lakes site. Resional and Local Conditions~ a. The applicant commits to upland greenbelt &teas, cypress wetlands and seasonal ponds preservation areas as shoum on the PUD Heater Plan. b. A survey of the project site shall be undertaken for any eagle and red-cockaded woodpecker nesting activities prior to commencement of development. Copies shall be sent to Collier County, the Sg'FRPC and Florida Came and Fresh }!star Fish Colission. A survey aha1! be conducted to verify the presence or absence of the red-cockaded woodpecker. If woodpeckers are found nesting within the parcel, the petitioner shell allow sufficient habitat to satisfy nesting requirements, and the petitioner shall satisfy all state (Florida Game and Fresh Water Fish Commission) and federal (U.S. Fish and Wildlife Service) Ce stipulations concerning the protected species. Work crew supervisors shall encourage precautions by work crews working close to planned preserve areas in order to minimize wildlife disturbances. de If during the course of site clearing, excavation, or o~her constructional activities, an archaeological or historical site, artifact, or 'other indicator ia discovered, all development at '~hat location shall be immediately stopped and the Natural Resources Hanagement Department notified. Development will be suspended for a sufficient length of time to enable the N~tural Resources }~nasement Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources N~nagement 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. Prior to a more "finalized" site plan including water management plans, a conceptual site plan must be submitted to Natural Resources Management Department for review; NR~D wishes to cooperate with the petitioner to ma~.imize retention of native habitat and landscaping. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prioz 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 16 hay tho final sics layout incorpo~aCes retained n~Cive vegetation co the maximmn extent possible and how roads, buildinss, lakes, parking 1ocs, and ocher facilities have been oriented to accommodate this goal. Native species shall ba utilized, where available, to the maximum extent possible in the sits landscaping design, l landscaping plan will ba submitted to the Natural Resources Hanagement Department and the Conununity Development 9ivision for their review and approval. This plan will depict the incorporation of native species and their nix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lo8~ 'on the site during construction or due to past scaly{ties. h. ' All exotic plants, as defined in the County Code, shall be removed during each phase ofconstruction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented 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 Hanagement Department and the Connnunity Development Division. i. Littoral zones along lake margins should be at a side slope ratio of no less than 6:1 out to a depth of three feet. Water Hanagemen~ designs should promote storm water runoff being channelled to and retained within wetland preserves. k. Petitioner will be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the Ct~a o6 permitting), requiring the acquisition of a tree removal pe~nit prior to any land clearing. 1. For stipulations d-k above, mutual agreements must be reached between ~R~ and personnel of the Twelve Lakes development. If mutual agreements cannot be reached, the matter will be brouiht before ths FAC or whatevsr Co~mty environmental review board is in power at the time of dis- putes; this governing entity will act as an arbitrator for disputes. If arbitration is futile, the matters will be brought before the Board of County Cou~iesioners (BCC), the BCC to act as the final arbitrator. ~ETLANDS: The T~elve Lakes site contains s total of 18.11 acres of natural wetlands and a 14 acre manmada borrow pit. The combined natural and manmade wetlands account for appr~ximately 62,21 acres or 24I of the total sits, The applicant proposed to preserve all on-sits wetlands snd to create additional wetlands through the construction of lakes for surface water manaEeaent purposes, Resional Conditions: '. a, The applicant commitments to wetland preservation~ wetland mitigation and water management design presented within ' e the ADA and sufficiency docmnents shall ~e incorporated as conditions of approval, b. The removal and control of exotic plants in wetland areas as required by S:ction 4,h, above, c. A maintenance plan to maintain the overall scological inte§r£ty of wetland preserve areas, d. The Collier County review shall be conducted according to substantial deviation determination provision of Chapter 380.06 Florida Statutes. UTILITIES: Local Conditions: A. Water and Sewer 1. Water distribution and sewage collection and tranmnission systems .will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida, ~ater and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall ba conveyed to the County for Ownership. operation and maintenance purposes pursuant to appropriate County Ordinancea and reEulations in effect at the t/~e of conveyance. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sever facilities within the project, the facilities will bs tested to ensure they neet Collier CotmtyVs utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to :~he satisfaction of the Utilities Division prior to placing any utility facilities, County owned or privately owned, into service. Upon completion of ~he water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by tho Utilities Division, puzeuanc Co County Ordinances and Regulations in effect at the time conveyance ie required. All construction plans and technical specifications and proposed plate, if applicable, for the proposed water distribution and sewage collection and trane- - mission facilities mueC be reviewed and approved by the Utilities Division prior to com~snceaent of construction, 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 CountyVe established rates. Should the County not be in a position to provide water and/or sever service to the project, the water end/or sewer customers shell be custonsrs of the interco utility established to serve the pro~ect until the County*s off-site water and/or sewer facilities ere available co ssrve the pro]ecc. It ia anticipated theC the County Utilities Division will ultimately supply pocabls water Co meet the consunpcive demand and/oF receive and crest the sewage generated by this prolecC. Should the County system not be in a position to supply potable water to the project and/or receive the p~o~e~t~s waeCew~ter ac the clue development commences; cbs Developer, aC his expense, will LUsCall end operate interim water supply and on-siCs treatment £aciliCies and/oF interim on-siCs sewag~ treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered i~to b~t~een the County and the Developer, binding on the Developer~ his assigns oF successors legally acceptable to the County, prior Co approval of construction documents for the proposed project, sCacin~ that= a. The proposed water supply and on-site treatment £acilittes and/oF on-siCs waatewaCer treatment and disposal leciliCies, if required, are Co be constructed as par~ o£ the proposed project and mus~ be re~arded as interim; they shall be - constructed co State and Federal standards and ara to be ovned, operated and maintained by the Developer, his assigns or successors until such CLUe as the County's of£-siCe ~ater Facilities a~d/or off-siCs Sewer Facilities are available to service the pro~ecc. The interim treat~nenC facilities shall supply services only Co those lands owned by the Developer and approved by the County for development. The utility 20 facil~ty(ies) may not be expanded to provide water ~nd/or se~er service outside the development boundary approved by the County vithout the vritten consent of the County. b. Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, hie assigns or successors shall abandon, dismantle and remove from the sits the interim water and/or sewage treatment facility and discontinue uae of the water supply source, if applicable, in a ~anner consistent with State of Florida standards. All work related with this activity aha11' be performed at no coat to the County. . c. Connection to the Countyts off-site water and/or sewage facilities wili ba made by the ovnera, their aeeiEna or successors at ~o coat to the County vithin 90 days after such facilities become available. The coat of connection shall include, but not be limited to, all engineering design and preparation of conat~uction documents, permitting, modification or refitcinE of existing savage pumping facilities or conattmction of new master sewage pimping facilities, inte~connection with County off-site facilities, water and/or sewer lines necessary to make the connection(a), etc. d. At the time County off-site water and/or .sewer facilities are available for the pro, act to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Re~ulations in effect at the tine~ 1) All water and/or sewer facilities constructed in publicly o~med rights-of-way or within utility easements required by the County within the project limits required to make connection with the County's off-site water and /or sever facilities; or, All water and sever facilities required to connect the project to the Countyfs off-sits water and/or sewer facilities when ~ha on-site water and/or sever facilities ars constructed on private property and not required by the Coun=y co be located within utility easements, including but hoc limited Co the a) ~in sewase ~ifC station and force ~in inCezconnecCing ~Ch the County sever facilities including all utility easements nece~sa~; b) Wacer discribuCion facilities, the point of co~ecCion with the County's racer facilities Co the ~scer - water meter se~ing the p~oJecC, ~cludin~ all utility · as~ents necessa~. ~e cust~ers se~ed on an. inter~ basis by the utility system consc~cted by the Developer shall bec~e custoaers of the County at the time when County off-site ~a~er and/or sever /still:les are available to se~e the p~oJect and such co~ection is ~d~. Prior to c~nection of ~he project to the off-site ~ate~ and/or saver facili~i~s Developer, his assize, o~ successors shall turn over to the County a c~pleta list of custom,rs se~ed by the i~r2utiliti~s system and shall no~ compete with th~ County for 22 ho service of those customers. ~e Developer shall also provide the County v/th a detailed inventory of the facilities served within the project and the entity whichv~ll be responsible for the water and/or sewer service billinl for the project. All construction plans and technical specifi- cations related to connections to the County's o/f-site Water and/or Sewer Facilities vi11 be submitted to the Utilities Division for review and approval prior to commencement of construction. .The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the lima of Permit request. This requirement shall be known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. The County will lease to the Developer for operation and maintenance the water distribution and/or sever collection and transmission system for the sum of $10.00 per year, when such system is not connected to the off-site water and/or sever facilities owned and operated by the County. Terms of the lease shall be dete~nined 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 zequired, shall remain in affect until the County can provide water and/or sewer service through ica off-site facilities or until such trine 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 Ho. 80-112 showing the availability of sewage service, ~ust 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 Per. ts for the sewage collection and trans~ieelon systems and the wastewater treat'~ent facility to be utilized, upon receipt thereof. C. If an interim on-site water supply, treatment and transmission facility is {tilized to serve the proposed project, it ~ust be properly sized to supply average and peak day domestic domand, in addition to firs flow demand at rate approved by khe appropriate Fire Control District servicint the project .area. D. Construction and c~mership of' the water and sewer facilities, including any proposed interim water and/or sewage treatment facilities, aha11 be in co~pliance with all Utilities Division Stnndards, Policies, Ordinances, Practices, etc. in effect at the time construction approval is requested. B. Detailed hydraulic design reports covsring the water distribution and sewage collection and transmission -systems to serve the project ~ust be submitted with the construction documents for the project. The reports shall list all design assumptions, de.and rates and other factors pertinent to tbs syst~ under consideration. F. ~hen the County has the ability to provide savage treatment and disposal services, the Developer, his assigns or successors will be ~eeponsible to connect to these facilities at a point to be established by 24 the County, with the Developer assuming all costs for the connection york to be performed. G, The proJectte Developer, his assigns or successors shall construct and utilize an on-site secondary distribution system for the use of treated sewage affluent within the project iimita,' for irrigation purposes and potnntially for firs flow purposes. The O~ner would be responsible for providing all on-sits piping and ptunping facilities fro~ the County's point of delivery to the project and provide full wet weather on-site storage facili~ies, as required by the DER, consistent with the volume of treated vastevater to 'be' utilized. Treated affluent will be supplied to"the, proJect pursuant to the County's established rate schedule. The secondary distribution system shall be constructed pursuant to the findinis of a detailed hydraulic design report. The report ~vst be sub,Steal with the construction documents for the pro, ecs. The report shall list all design assumptions, de,and rates and other factors pertinent to the system under consideration. H. Prior to approval of construction documents by the Utilitiss Division, the Developer must presen~ verl£ication, purauan~ to Chapter 36?, Florida Statu~es, that the Florida Public Service Co~ission ' has 8ranted territorial rights to the Developer to p~ovide sewer and/or water service to the pro, ecS, if an interim treat~nent facility is required, until the County can provide these services through its water and sever facilities. I. The project's water dist:ibution system shall be connected ~o the District's 12 inch water ~ain oh tbs ~outh side of Radio Road, extended throughout the project, extended across Davis Boulevard to the 25 south side of the roadway and terminated with an approved blowoff assembly. The Developer shall make the tap to the Davis Boulevard rater main and cap the tapping valve. When the deemed necessary, the Utilities Division shall connect the project to the Davis Boulevard rater main from the project rater main to the Davis Boulevard tap. 7. CONSISTENCY Will THE LOCAl, COMPREHENSIVE PLAN: The project ia located within an area currently designated as Urban by the Collier County CompreP. ensive Plan. Regional Conditions: The Southwest Florida Regional Planning Council recommandation for "Conditional Approval" shall be contingent upon a findin$ of "Consistency" with tha local Compregansivs Plan. Local Conditions: Recommendation: 'l~e Board of County Commissioners found t~s project as proposed to comply vith the Comprehensive Plan. 8. EDUCATIO}IAL: Local Condition: a. The Development should satisfy the requirements of any ordinance, which also requires other developments not subject to Chapter 380.06, Florida Statutes procedures to participate, to accommodate the impact of the development. 9. FIRE PROTECTION: Local Conditions: a. Fire sprinklers should be includad throughout, the commercial portions of the project and in common areas of :he residential portion. b. The development should satisfy the requirements o~ any ordinance, which also requires, other developments not subject to Chapter 380.06 Florida Statutes procedures to participate, to accommodate the impact of the development. 10. POLICE PROTECTION= Local Conditions= a. The develolment should satisfy the requirements of any ordinance, which also requires other developments not subject to Chapter 380.06 Florida Statutes procedures to participate, to accommodate the impact of the development. b. At the site plan review staEe, the applicant should meet with the Sherifi~s Department in order to incorporate reco~ended Security and access features into the overall project design. 11. RECREATION AND OPE~ SPACE: Local Conditions: a. As determined at the site plan review stage and as environmental conditions allow, bike paths, trails, nature walks, etc. should maximize access to the recreation/open space areas. 12. ~ID WASTE: Local Conditions: a. The applicant and subsequent tenants of the project should investigate methods of reducing solid waste volume at the project. b. The applicant and subsequent tenants of the project should identify the proper on-site handling and temporat~ storage procedures, for any hazardous waste that may be generated on-site, in accordance with local, regional and state hazardous waste prosrams. 13. GENERAL CONSIDERATIONS: In "Twelve Lakes" ADA, numerous conmi~ents ware made by the applicant to mitigate p~oJect '. impacts. ~iany, but not all of these co~n~it~nents ara listed in the S~'RPC staff assessment. An example is the applicant*s co~mitment to minimum height elevations, which mitigates hurricane evacuation concern. Additionally, the ADA provided a Phasing Schedule that provid- ed the timing basis for this review. If this phasing schedule ia significantly altered by tha applicant then many of the basic assumptions of this approval could be substantially changed, potentially raising additional Regional issues end/or impacts. Local Condtcions~ a. Ail cc~itmenta and impact mitigating actions provided by the applicant within the Application for Development Approval (and supplementary documents) that ars not in conflict with' specific conditions for project approval outlined above are officially adopted as conditions for approval. b. The developer shall submit an annual report on the development of regional impact to Collier County, the Southwest Ylorida Regional Planning Council, the Depart- ment of Co~munity Affairs and all affected permit agen- cies as required in Subsection 380.06(18), Florida Statutes. The development Phasing Schedule presented within the ADA, end as adjusted to dace of development order approv- al shall be incorporated as a condition of approval. Development Order conditions and Applicant Commitments incorporated within the Development Order to mitigate regional impacts, are not carried out as indicated to the extent or in accord with the timing schedules specified within the Development Order and this phasing schedule, then this shall be deemed to be a substantial deviation for the affected regional issue. BE IT FURTHBR RESOLVED, by the Board of County Comaissioners o£ Collier County, that: 1. Ail comitments and impact mitigating actions provided by the applicant in the Application for Development Approval and supplemental documents and the Application for Public Hearing for rezonin~ and supplemental documents that are not in con- flict with conditions or stipulations specifically enumerated above are hereby adopted to this Development Order by refer- e~ce, ~ha Co'~unit7 Development ~iministrator ahall be the local official responsibla for aaaurin$ complia~ca ~rlth tha ~eva~op- merit Ordar. This Development Order shall remain in effect for the duration of the project. Hoverer, in the event that significant physical development has not co~enced ~thin Collier ~unty vithin five (~) years developmen~ approval viii t~inat~ and this Develo~ent Order shall no lonEer be ~ffective. For purposes of this r~qui~em=nt 'si~ificant physical develop- ment'' does not include ~oads, drainaE~ or landscapinE but doe8 include const~ction of buildinEs or Installation of utiliti~s and facilities such as sever and rater lines. ~ia t~ period may be extended by the Board of County Co~lssion~s upon request by the Developer in the event that uncontrollable circ~cances delay the c~encement of dev~lo~en~. ~e applican: or their successor(s) in titll 'to the subject property shall sub,it a report ~nnu~ly, cm~ncint one y~a~ from ~he e/iectivi date of this Dev~lo~ent Order, to the Board of County C~ssioners of Collier County, the Southvest Florida R~Eional Plannini Council, and the D~partm~nt C~nity Affairs. ~ts report ~ill contain the info~tion required in Section 9B-16.25, Flor/da Ad~nistrati~e Code. Failure to submit the annual r~po=t shall be ~ove~ed by Subsection 380.06(16), Florida Statutes. Subsequent requests fo= development pe~ta shall not require further r~vi~ pursuant to ~ection 380.06, Florida Statutes, unless it is found by the Board of County Comiasion~rs Collier County, after due no~ice and hearinE, that one or more of the follovinE is present; a. A substantial devia~ion fr~ the te~ or conditions this Development Order, or other chanE~a to the appr~ed development plans ~hich create a ~eaaonabl~ likelihood adverse reEional ~pacts or other ~Eional ~pacta vhich vere not evaluated in the reviev by the Southvest Florida Regional Planning Council~ or b. An expiration of the period of effectiveness of this Development Order as provided herein. Upon a finding that either of the above is present, the Board of County Co~missioners of Collier County shall orUer a termi- nation of all devslol~nent activity until such time ss a new DRI Application for Development Approval has been sub. teed, reviewed and approved in accordance with Section 380.06, Florida Statutes. 5, The approval granted by this Development Order is limited. Such approval.shall not bs construed to obviate the duty of the applicant to comply with all other applicable local or state permitting procedures. 7, The Board of County Comissioners agrees that this project shell not be subject to do~n-zoning, unit density reduction or intensity reduction for a period of 5 years from the date b~ approval of this project, unless the local'government can demonstrate that substantial chanses in the conditions underlying the approval of the development order was baaed on substantially inaccurate information provided by the developer, or that the change is clearly established by local government ~o be essential to the public health, safety, or ~elfare. $. The definitions contained in Chapter 380.0~ Florida Statutes, shall control the interpretation and construction of any terms of this Development Order. 9. That this Order shall be binding upon the Developer, assignees or successors in interest. 10. It is understood that any reference herein to any 8overnmental agency shall be construed to mean any futura 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 govez~mental agency in existence on the effective date of this Order. 11. In the svent, that any portion or saction of this Order ~ determined to be invalid, illegal, or unconstitutional by a court or agency of co, patent Jurisdiction, such decision shall in no manne~ effect the remaining portions of this Ordsr vhich shsll remain in full force and effect. 12. This resolution shall beco~a effective as provided by lay. 13. Certified copies of this order are to be sent immediately to the Department of Cou~unity Affairs, Southwest Florida Region- al Plannin8 Council. DULY PASSED AlSq) ADOPTI~ 'this 1A,)~_day of_t~.~_~at 1987. ' ~: ~~ 10, 1987 ._,~ -. ....... BOa OF CO~TY CO~OfISSION~-I~S COLLIER COUNTY, FLORIDA MAX A. HASSE, JR. KENNEIql B. CUYLER~' COUNTY ATTORNEY This ordlnanc~ flied with the dretary of re' Offl and ocknowledgeme_n~ ~.f.. that fill~recelved thl~JT.,~ day TI,~LVE LAKES DEVELOPMENT ORDER