Ordinance 87-015OPd)IN.4~ICE 8~- 15
At{ ORDINANCE AMENDING ORDINANCE 82-2
THE COMPRENENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AHENDING
THE ZONING ATLAS MAP NUMBER 50-26-3
BY CHANGING THE ZONING CLASSIFI-
CATION OF Tile HEREIN DESCRIBED REAL
PROPERTY FROM A-2 TO "PUD" PLANNED
UNIT DEVELOPMENT KNOWN AS BRETONNE
PARK FOR A HAXIHUH NUHBER OF 1380
DWELLING UNITS AND 12.&8 ACRES OF
CO}~RCIAL FOR PROPERTY LOCATED
BETWEEN RADIO ROAD AND DAVIS
BOULEVARD, APPROXIHATELY % MILE WEST
OF THE INTERSECTION OF SANTA BARBARA
BOULEVARD AND RADIO ROAD, IN SECTION
15, TOWNSHIP $0 SOUTH, RANGE 26
EAST, 333.48 ACRES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Vines and Associates, Inc. representing The National
Trust Company of Naples, petitioned the Board of County Commissioners to
change the Zoning Classification of the herein described reel
property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Co=missioners of Collier County, Florida:
SECTION ONE:
The Zoning Classification of the herein described real property
located in Section 15, Township 50 South, Range 26 East, Collier County,
Florida is changed from A-2 to "PUD" Planned Unit Development in
accordance with the PUD document attached hereto as Exhibit "A"
which is incorporated herein and by reference made part hereof. The
Official Zoning Atlas ~p Number 50-26-3, as described in Ordinance 82-2,
is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon receipt of notice
tha~ is has been filed ~rlth the Secretary of State.
: ' .-~DATE~ April 7, 1~87 BOARD OF COUNTY COMMISSIONERS
.- ' ~ ,.-~e~,:,'C..'
· :: .,~', ". ~l-~ ;. COLLIER ~,~, FLORIDA
:..~., :.-.:~'~. '.
· '< '~ '": l"I' ' "' : ' '
' ".~' .~L~I~"~D AS TO FOILM AND LEGAL SUFFICZEN~--o~k~wlec~gem~.? o~ t.h~_ ,
klCNlqETH B. 'CUYLER /./ - J~OO r ~l/~e~' m ~c~
:~ . COLLIER COUNTY ATTO~EY [00K U~,DPI':..~.~
R-86-12C Ordinance
BRETONNE PARK
PLANNED uNIT DEVELOPMENT DOCUMENT
Prepared by
Vines & Associates, Inc.
715 Tenth Street South
Naples, Florida 33940
Phone:{813).262-~164
Date Flied:
Date Approved by CAPC:
Date Approved by BCC:
Ordinance Number:
'd
SECTION'
I
II
III
IV
V
VI
VII
VIII
MAPS:
A
H
INDEX
PROPERTY OWNERSHIP AND DESCRIPTION
PROJECT DEVELOPMENT REQUIREMENTS
RESIDENTIAL DEVELOPMENT REGULATIONS
COMMERCIAL DEVELOPMENT REGULATIONS
ENVIRONMENTAL REQUIREMENTS
TRAFFIC AND ENGINEERING REQUIREMENTS
UTILITIES REQUIREMENTS
WATER MANAGEMENT REQUIREMENTS
PROJECT LOCATION
MASTER DEVELOPMENT PLAN
pAGE
1 -
5 - 12
13 - 20
21 - 23a
2q - 29
30 - 30a
31 - q0
ql ~ ~2
Bonito
LEE COUHTY
OOLLIER COUNTY
General Location. Map
MAP A
Golden
PR
LOC
,JECT
TION
$
0 1 2
Scale In Miles
8 4.0 8 HOLE, MONTE'S AND AS.4
Const~ltin
3 4
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1,1. PURPOSE
The purpose of thls Section 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: BRETONNE PARK.
1.2. LEGAL DESCRIPTION
The subject property is 333,~8 acres in area, It is described
as:
The west 1/2 of Section 5, Township 50 .S, Range 26 E, Collier
County, Florida, less the north 50 feet for right-of-way of Radio
Road (SR S-858) and less the south 75 feet for right-of-way of
Davis Boulevard (SR S-856).
,,
1.3. PROPERTY OWNERSHIP
Title to the property Is currently In Land Trust #5331, held by
The National Trust Company of Naples, Florida, P.Oo Box 1857,
Naples, Florida 33939-1857. The land 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 beneficim'ies. BO01( 026P,~! ~17
1
1.4. GENERAL DESCRIPTION OF PROPERTY AREA
The 333.48 acre tract, bounded on the north by Radio Road
and on the south by Davis Boulevard, lies 1/2 mile west of
the intersection of Radio Road and Santa Barbara Boulevard.
The property is zoned A-2 Agricultural, proposed to be
rezoned to PUD- Planned Unit Development. The property lies
in Area "C" of the Collier County Water-Sewer District and
within Collier County Water Management District I~ 6.
1.5. PHYSICAL DESCRIPTION
The property elevation ranges from about 8.5 feet to 10.5 feet
above mean sea level. Wetlands on the property are confined to
four small areas constituting only 3.1% of the total property.
Most of the property is vegetated with pine and associated upland
plants.
Soil types on the property are diverse and include Arzell,
Broward, Keri, Immokalee, Pompano, and Sunnyland Fine Sands~
Ochopee Fine Sandy Marl~ and · small area of cypress swamp.
'Water manacjement for the Bretonne Park project is to be the lake
and natural surface detention type. Surface water discharge will
be to the south through a single control structure. The Water
Management District #$ Plan Indicates that waters discharged from
the Bretonna Park project could enter tide water either via the
Lely Outfall Canal or Halderman Creek,
1.6. STATEMENT OF COMPLIANCE
Development of Bretonne Park as a Planned Unit Development will
be in compliance with the plannlng goals and objectives of
Collier County as sdt forth in the Comprehensive Plan. The
project's resldentlal, commercial and associated racraatlonal
facilities will be consistent with the growth policies and land
development regulations of the Comprehensive Plan Land Usa
Elements and other applicable documents for the following
reasons:
The subject property has the necessary rating points to determine
availability of adequate community 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 wlth
applicable regulations.
The Master Development Plan insures a generous amount of common
open space and flexibility in design which will Insure a quality
living environment for residents of the development;
2,59
The number of egress and ingress points into the project from
Radio Road and Davis Boulevard will be limited so as to minimize
the lmpact of traffic from the project on those two roads,
The project will be served by a complete range of services and
utilities.
,oo 026- :260
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
Development of this project shall be governed by the
contents of this document ahd applicable sections of the
Collier County Zoning Ordinance.
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
The Master Development Plan for the project is Indicated on
Map (H} of the Application for Development Approval and is
an Integral part of' this PUD document. A reduced version of
the Master Development Plan is attached at the rear of this
document. Elements of the Master Development Plan Include:
Lancl Use
Streets
Residential sites
Commerce*
Lakes
Upland Recreational Open Space
Wetland Preserve
Total
~cres
50.#8
16~.05
12.~8
37.08
60.02
10.26
333.48
* Includes .89 acres of the 10.26 acres of wetland preserve,
Project development shall conform to the approved Master
Development Plan in general and to the approved Subdivision
Construction Plans.
In addition to the plan elements shown on the Master
Development Plan, such easements and rights-of-way shall be
established within or adjacent the project site as may be
necessary or desirable for the service, functlon or
convenience of the project.
C. The Master Development Plan Is also the Subdivision Master
Plan.
026
2.1~. MAXIMUM PROJECT DENSITY
No more than 1.380 residential units shall be constructed wlthin
the Bretonne Park project, Development of all 1,380 dwelling
units would result in a gross project density of approximatsly
~,1~ units per acre,
2.5. PLAN APPROVAL REQUIREMENTS
Ao PURPOSE
The Master Development'Plan Indicates the basic nature of
development permitted for the project as a whole, consisting
of slngle family residences on Individual lots, Iowrlse
attached and detached residential units of various types,
lakes wetlands and recreational open space, and a
neighborhood shopping center. Rec~eational buildings and
facilities of various kinds may be established in the areas
indicated on the Master Development Plan as park and as
natural open space and recreation commons, either as a part
of the initial development Improvements or at a subsequent
date. Actual development of project lnfrast;'ucture,
residential units, recreation facilities, and the
neighborhood shopping center will occur in a series of
increments. The purpose of the plan approval requirements
is to provide a mechanism for the county staff to review
detailed development plans for the project developm~n'~'
Increments and to determine if the development Increments
026,' , 263
7
and the detailed development plans comply t,uUy with
commitments established by the P.U.D. document, D.R.I.
Development Order, County Zoning Regulations, and all other
applicable standards and regulations.
B. FRACTIONALIZATION PLAN APPROVAL REC~UIRED FOR
RESIDENTIAL AREAS
Whenever any portion of the residential development
area 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 sold3 its
location within the approved Master Development Plan=
the number of Units for which the parcel is to be
eliglble~ and the existing or planned access to the
parcel Shall be submitted to and approved by the
Planning/Zoning Director prior to development or
consummation of the sale.
Prior to granting fractionalization plan approval, the
Planning/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 t'ractionallzed 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.
8:
C. SITE DEVELOPMENT PLAN APPROVAL REQUIRED
Prior to issuance of building permits for any project
structures, the Planning/Zoning Director shall approve a
development plan for the site In which th~ proposed building
is to be constructed, Site development plan approval shall
only be g~anted by the Planning/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 slte. and Its Iocatlon within
the approved Master Plan,
2, All easements and rights-of-way in and adjacent the site,
3, Locatlen and size of all water bodle~ In and adjacent the
site.
8oundaries 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, parklng areas, site access.
9. Boundaries between areas to be cleared and areas In which
native vegetation will be retained.
~0~ I)'26 ~,: 265
10.
Such additional information as the Planning/Zoning Director
may require for determination of compliance with all
applicable standards and regulations.
D. RECORD PLAT APPROVAL REC~UIREMENTS
Prior to recording of the record plat, final plans of the
required improvements shall receive the approval of the
Planning/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 Subdivislon
Regulations, and platting laws of the State of Florida.
E. DEVELOPMENT PHASE SEQUENCE
Any proposed change in the development phase sequence
indicated on the approved Master Development Plan shall
require a determination by the Planning/Zoning Director aa
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 following Subdivision Regulations shall be modified:
Article X, Section 16: Sidewalks shall only be required as
shown on the approved Master Development Plan. BOOK 026e~'r'r- 266
Be
Ee
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.
Article Xl, Section 10: The requirement to Install
monuments in a typical water valve cover shall be waived if
the County Engineering Department approves an alternative
installation method.
Article Xl, Section 17.F~ S 17.G.: The principal roads
which meanders continuously 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.
Article XI, Section 17,H.: The 1,000 foot length dead end
street maximum shall be waived.
Article XI, Section 17.1.: The 40 foot curb radiu's standard
may be reduced to 30 feet.
Article Xl, Section 21: The requirement for blank utility
casings shall be waived except at project entrance drives.
11
2.7. STREETS TO BE PUBLIC
All platted streets withi'n the project shall be dedicated to the
public.
2.8. IMPACT FEES
The Bretonne Park project shall be subject to all Impact fees
applicable to it at the time of project approval. In the event
future Impact fees are adopted to assist with School, fire, or
other public service financing, such fees shall be applicable to
the Bretonne Park project in accord with the terms of the adopted
impact fee ordinances.
2.9. P.U.D. DOCUMENT COMPLIANCE
Prior to commencement of the final phase, all commitments in thls
PUD document shall be met by the developer. If certain
commitments are to be met during the development of the final
ph~me, adequate provisions shall be established to assure that
all commitments are met by the developer by the time of
completion of this project. The entity to be responsible fo~
continuing maintenance of various facilities/lakes/ preservation
areas/common open spaceletC, o shall be established prior to
commencement of the final phase, as shall the procedure and
timing of the transfer of maintenance responsibility from the
developer to the continuing maintenance entity.
SECTION III
RESIDENTIAL DEVELOPMENT REGULATIONS
3.1. PURPOSE
The purpose of this Section is to set forth development
regulatlons applicable to the Bretonne Park project.
3.2. USES PERMITTED
No building or structure, or part thereof, shall be erected,
altered or used, or land use, in whole or part, for Other than
the following:
A. Principal Uses:
Single family detached dwellings in the area indicated
on the Master Development Plan as "Single Family Lots".
20
Single family attached or detached dwellings end zero
Iotllne dwellings In the areas Indicated on the Master
Development Plan as "Zero Lotline, Attached Villas $
Townhouses".
Single family attached or detached dwellings, zero
Iotline dwellings and multiple family dwellings in the
areas Indicated on the Master Development Plan as #Two
S Three Story Multi-Family Units'".
The tract shown on the Master Development Plan in the
northwest corner of the Intersection of Davis Boulevard
and the project southern entrance drive may be utilized
either for zero Iotline, attached or detached
residential development, or for a public, quasi-public,
or religious use.
B. Accessory Uses:
Accessory uses and structures customary in single and
multiple family residential projects, including
recreational buildings,equipment, and associated
facilities.
Project sales and administratlve offices, which may
occur in residential or recreational buildings.
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 County Planning/Zoning Director.
Signs as permitted by the Collier County Zoning
14
Ordinance in effect at the time of permit appllcaflono
Temporary sewage treatment facilities in the area so
indicat, ad on the project master plan, Such temporary
facilities may serve the project until public or other
county approved offsite sewerage service is available,
The sewage treatment plant and all associated fac[ii-
tles Shall be set back a minimum of 50 feet from the
tract boundaries~ buffers shall be provided as required
in Section 3,11,
e
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 1,380 dwelling units may be constructed in this
333.48 acre project.
3.4. MINIMUM LOT AREA
A. Single family detached and zero Iotline dwellings: 6,000
square feet
15
Attached single family dwellings: S,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 Iotlina lots: 50 feet
B, Attached single family dwelling sites: #0 feet per 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
A. Single family detached residences
Front Yard: 25 feet
Side Yard: 7 1/2 feet
Rear Yard: 25 feet
B. Single family attached residential structures
Front Yard: 25 feet
Side Yard: 7 1/2 feet
Rear Yard= 20 feet
C. Zero Iotline residences
Front Yard=
Side yard:
Rear Yard:
25 feet
None on one side, 15 feet on the other side
20 feat
D. Two story garden apartments
Front Yard: 25 feet
Side Yard: 10 feet
Rear Yard: 20 feet
E. Three story garden apartments
Fe
Front Yard: 25 feet
Side Yard: 12 1/2 feet
Rear Yard: 20 feet
Recreational structures within recreation and open space
lands: 25 feet from the recreation site boundary.
17
Public, quasi-public, or religious structures if developed
on the site in the northwest quadrant of Davis Boulevard and
the southern project entrance drive: 25 feet from the site
boundary.
3.7. GROUP HOUSING AND CjustER HOUSING
Upon approval of a Site Development Plan as provided for in
2.5.C., the Planning/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 Planning/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.
3.8. MINIMUM FLOOR AREA
A. Single family detached dwelling units: 1,000 square feet
B. All other dwelling units: 750 square feet
3.9. MAXIMUM HEIGHT
At
Single family detached residential, single family attached
residential, zero lo, line residential: two stories ·
18:
B. Garden apartments: three stories
3.10. OFFSTREET PARKING REQUIREMENTS
A. 2 spaces' per dwelling units
Be
Drives serving dwelling units which abut the collector
streets shall be arranged in a manner which does not require
vehicles to be backed into the street right-of-way. In the
zero Iotline, attached villas and townhouse areas,drives
which connect to collector streets shall be interconnected
in a manner which results in no closer spacing of
driveway/collector street Intersections than 200 feet along
each side of the collector street, unless practical
difficulties warrant approval of closer spacing by the
Engineering Department.
3.11. SPECIAL BUFFER REC~UIREMENTS
Residential sites which abut Davis Boulevard or Radio Road
shall, In ~ddition to the required 20 foot rear yard, have
an additional 10 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
Planning/Zoning Director 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
1,,
2'75
Be
properties abutting Davis Boulevard and Radio Road, whether
that owner be the project developer or his successor in
title. Prior to the issue of certificates of occupancy for
dwellings on sites which abut Davis Boulevard or Radio Road,
the buffer shall be in place on those sites.
A 15 foot buffer strip shall be established along the edges
of the temporary sewage treatment plant site which abuts a
road right-of-way; residential development sites; or an
exterior property line. Plans for this buffer strip,
comprised of landscaping, fencing, andJor other visual
screening, shall provide for a buffer which is at least 80%
opaque. Buffer plans shall be incorporated in the temporary
sewage plant development site plan which shall be approved
by the Planning/Zoning Director and NRMD prior to
development.of the temporary plant facility.
276
20.
SECTION IV
COMMERCIAL DEVELOPMENT REGULATIONS
4.1. PURPOSE
The purpose of this Section is to set. forth commercial
development regulations applicable to the Bretonne Park project.
4.2. USES PERMITTED
No building or structure, or part thereof, shall be erected,
altered, or used, or land used .in whole or part, for other than
the following:
A. Principal Uses:
A neighborhood shopping center, which shall Include a
supermarket as its major tenant. The shopping center may
also include a drugstore and smaller retail shops which
offer · 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 Planning/Zoning Director to be customary
and appropriate in neighborhood shopping centers.
21
B. Accessory Uses:
1· Customary accessory uses and structures.
e
Signs as permitted by the Collier County Zoning
Ordinance in effect at the time permits are requested.
4.3. DEVELOPMENT STANDARDS
A. Perimeter Setbacks
That portion of the site which abuts a street right-of-
way:
10 feet to the nearest paved drive or parking space;
35 feet to the nearest 'principal structure
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.
B. Maximum Height: 30 feet above the finished grade of the lot
Ce
Required Landscape Buffer Area: When abutting residentially
zoned property, as required by the Collier County Zoning
Ordinance in effect at the time permits are requested.
22.
Merchandise Storage and Display: There shall be no outside
storage or display of merchandise.
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 Planning/Zoning
Director in accord' with 2.$.C. Entry/exit drives which
connect the shopping center to external streets shall be
approved by the County Transportation Department. The County
Transportation Department shall insure that applicable drive
location and construction standards are met, that an accesa
drive connect to an internal Bretonne Park street, and may
require that a drive or drives connecting to Davis Boulevard
be limited in nature (i.e. right turn in, right turn out)
for traffic safety reasons.
Prior to grant of site development I~lan approval, the site
development plan shall be subjected to an advertised public
hearing held by the Collier County Planning Commlssion~ an
advisory vote of the Collier County Planning Commlssion~ an
advertised public hearing held by the Board of County
Commissioners; and approval by a majority of the voting
members of the Board of County Commlssloners. Information
· provided at the public hearings shall include the detailed
~ite development plan, staff's comments and recommendations
on the plan, Identification of the supermarket which is to
be the major tenant of the neighborhood shopping.c41nter and
a commitment by that supermar~ket as to when the market and
the associated commercial buildings shown by the site plan
are to be constructed, and the boundaries of the primar¥
market area expected to be served by the neighborhood
shopping center. Additionally, the County Attorney shall be
furnished sufficient information regarding the shopping
center development funding to permit a determination that
the required funding is assured.
2~
SECTION V
ENVIRONMENTAL 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 subject to these
requirements:
5.2. SITE CLEARING
Development of the project will be subject 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 o,~ 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 d.evelopment plan
will incorporate retained native vegetation to the maximum extent
possible and how roads, buildings, lakes, parking lots, and other.
facilities have been positioned to accommodate this goal. The
NRMD will assist the developer in adjustment of the site clearing
plan so as to maximize retention of native plant material and
wildlife habitat. Site clearing plan approval shall be obtained
prior to or simultaneously with approval of detailed site
development plans In accord with Section 2.5.C.
5.3. 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 comply 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 re-creation of native vegetation and habitat
characteristics lost on the site during construction or due to
past activities.
5.4. EXOTIC PLANT EEMOVAL
All exotic plants, as defined by County ordinance, shall be
removed during each phase of construction from development areas,
open space areas, and preserve areas. Following site
development, a maintenance procj~am shall be Implemented to'
prevent relnvaslon 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.
25
5.5. ARCHAEOLOGICAL AND HISTORICAL SITES
If during 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 ~he Natural
Resources Management Department notified. Development will be
suspended for 'a sufficient length of time to enable the Natural
Resources Management Department or a designated consultant to
assess the find and determine the proper course of action in
regard to its 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 interruptlon to
construction activities.
5.6. WETLANDS
All four wetland areas shall be preserved, as well as the oak
hammock area found along the northern boundary of the
northeastern wetland preserve. Prior to any development of
surrounding lands, the preserve boundaries shall be flagged and
verified by NRMD. Water management plans should promote storm
water runoff being channelled to and retained within wetland
preserves.
26
5.7. ENDANGEEED PLANTS
Under the three: of destruction due to development, all protected
plant species must be t~ansplanted in undisturbed preserve areas
or areas approved by NRMD. Plants will'be recognized as protected
if listed In the "Official Lists of Endangered and'Potentially
Endangered Fauna and Flora of Florida" (compiled by the Florida
Game and Fresh' Water Fish Commission) or any other County, state,
or federal lists that are officially recognized for the
protection of plant and/or animal species. Plant species to be
transplanted include but are not limited to the following:
creeping orchid (Habenarla repens), butterfly orchid (Encyclla
tampensls), twisted air plant (.'rlllandsia, flexuosa), golden
polpody fern (Phlebodium aureum.),cigar orchid {Cyrtopodium.
punctatum). All transplantlngs must be performed by qualified
personnel subject to approval by NRMD.
5.8. OPEN SPACE USE
The two parks and the natural open space and recreation commons
may be used for passive recreation, Including uses such as nature
trails and a limited number of picnlc tables/benches, and/or
recreation facilities. Any clearing of vegetation and/or
plac;ment of any structures (e.g. trails, picnic facilities,
recreational structures or facilities, etc.) must be reviewed by
and subject to the approval of the NRMD. Prier to any development
of adjolnlng lands, the park/open space boundaries shall be
/flagged and verified by NRMD.
27
5.9. RED COCKADED WOODPECKER SURVEY
A survey shall be conducted to verify the presence or absence of
the red-cockaded woodpecker (Picoides borealls), if woodpeckers
are found nesting within the parcel, the petitioner shall allow
sufficient habitat to satisfy nesting requirements, and the
petitioner shall satisfy all County, state (Florida Game and
Fresh Water Fish Commission) and federal (U.S. Fish and Wildlife
Service) stipulations concernlng the woodpecker or any other
protected plant/ animal species on site at the time of
permitting.
5.10 CATTAIL CONTROL
The entity responsible for lake management shall institute a
program to reduce et prevent the growth of cattails (Tyr3ha
latifolla) in the littoral shelf zone of the project lakes.
Portions of the littoral shelf zone should be vegetated with
native species of aquatic plants. (NRMD will provide pertinent
literature and/or suggested species).
5.11. LITTORAL ZONES
Littoral zones along lake margins should be at a side slope
ratio of no less than ~:1 out to a depth of 3" from mean Iow
water.
5.12. 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 whatever county environmental review board is in power
at the time of. dispute, which board shall arbitrate the dispute.
If arbitration Is futile, the dispute will be brought before the
Board of County Commlssloners who shall act as the final
arbitrator.
29
SECTION VI
TRAFFIC AND ENGINEERING REQUIREMENTS
6.1. PURPOSE
The purpose ~)f this Sectlon 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 25 feet of additional right-of-
way along the south side of Radio Road for roadway widening.
The developer shall provide fair share contributions toward
the capital cost of traffic signals at the project entrances
on Radio Road and Davis Boulevard when deemed warranted by
the County Engineer. The signals shall be owned, operated
and maintained by Collier County.
The developer shall provide arterial level street lighting
at all project entrances from Radio Road and Davis
Boulevard, includlng any which serve the commercial tract.
These improvements ara considered "site related" as defined
in Ordinance 85-55 and shall not be applied as credits
toward any impact fees required by that Ordinance.
3o 287
Subject to FDOT approval, the developer shall provide a
sidewalk/bike path within the Davis Boulevard and Radio Road
right-of-way and abutting the property. If existing right-
of-way is not adequate for construction of said
sidewalk/bike path, as determined by the County Engineer
and/or FDOT, the developer, his successors or his assigns
shall provide such right-of-way or easement as is necessary.
Sidewalk/bike paths will not be required until a sidewalk/
bike path network is existing and provides pedestrian/
bicycle transportation to useful places within the area as
determined by the County Engineer. Construction of the
sidewalk/bike path will not be required by the developer if
it is constructed as part of public works Improvements to
Davis 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, deemed 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.
30a
SECTION
UTILITIES REQUIREMENTS
7.1. PURPOSE
The purpose of this Section Is to set forth the utilities
requirements which the project developer' is committed to meet.
7.2. WATER AND SEWER
A. Water distribution and sewage collection and transmission
systems will be constructed throughout the project development by the
developer pursuant to all current requirements of Collier County and
the State of Florida. Water and sewer facilities constructed within
platted rights-of-way or t:'ithin utility easemer~ts required by the
County shall be conveyed to the County for ownership, operation and
maintenance purposes pursuant to appropriate County Ordinances and
regulations in effect at the time of conveyance. All water and sewer
facilities constructed on private 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 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 tasks must be completed to
the satisfaction of .the Utilities Division prior to placing any
utility facilities, County owned or privately owned, into service.
Upon completion of the water and/or sewer facilities and prior to the
Issuance of Certificates of Occupancy for structures within the
project the utility facilities shall be conveyed to the County, when
required by the Utilities Division, pursuant to County Ordinances and
Regulations in effect at the tlme conveyance is requested.
B. 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.
C. All customers connecting to. the water distribution and
sewage collection facilities will be customers of the County and will
be billed by the County in accordance with the County's established
rates. Should the County not be in a position to provide water and/or
sewer service to the project, the water and/or sewer customers shall
be customers of the interim utility established to serve the project
until the County's off-site water and/or sewer facilities are
available to serve the project.
D. 'It is anticipated that the County Utilities Division will
ultimately supply potable water to meet the consumptive demand and/or
receive and treat the sewage generated by this project. Should the
County system not be in a position to supply potable water to the
project and/or receive the project's wastewater at the time
development commences, the Developer, at his expense, will install and
32.
operate Interim water supply and on-site treatment facilities and/or
interim on-site sewage treatment and disposal facilities adequate to
meet all requirements of the appropriate regulatory agencies.
E. An Agreement shall be entered into between the County and
the Developer, binding on the Developer, his assigns or successors,
legally acceptable to the County, prior to the approval of
construction documents for the proposed project, stating that:
1. The proposed water supply and on-site treatment facilities
and/or on-site wastewater treatment and disposal facilities, if
required, are to be constructed as part of the proposed project
and must be regarded as interim~ they shall be constructed to
State and Federal standards and are to be owned, operated and
maintained by the Developer, his assigns or successors until such
time as the County's off-site water facilities and/or off-site
sewer facilities are available to service the project. The
interim treatment facilities shall supply services only to those
lands owned by the Developer and approved by the County for
development. The utility facility(les) may not be expanded to
provide water and/or sewer services outside the development
bounc~ary approved by the County without the written consent of
the County.
2. Upon connection to the County's off-site water facilities,
and/or sewer facilities, the Developer, his assigns or successors
shall abandon, dlsmantle and remove from the site the interim
water and/or sewage treatment facility and discontinue use of the
water supply source, If applicable, in a manner consistent with
State of Florida standards. All work related with this activity
shall be performed at no cost to the County.
3. Connection to the County's off-site water and/or sewer
facilities will be made by the owners, their assigns or
successors at no cost to the County within 90 days after such
facilities become available. The cost of connection shall
Include, but not be limited to, all englneering design and
preparation of construction documents, permitting, modiflcation
or refitting of existing sewage pumping facilities or
construction of new master sewage pumping facilities,
interconnection with County off-site facilities, water and/or
sewer lines necessary to make the connection(s}, etc.
~. At the time County off-site water and/or sewer facilities
are available for the project to connect with, the following
water and/or sewer facilities shall be conveyed to the County
pursuant to appropriate County Ordinances and Regulations in
effect at the time:
a) All water and/or sewer facilities constructed in
publicly owned rights-of-way or within utility easements
required by the County within the project limits required to
make connection with the County's off-site water and/or
sewer facilities~ or,
b)
All water and sewer facilities required to connect the
project to the County's off-site water and/or sewer
facilities when the on-site water and/or sewer facilities
are constructed on private property and not. required by
County to be located within utility easements, Including but
not limited to the following:
.Main sewage lift sta:lon and force main inter-
connection with the County sewer facilities
Including all utility easements necassary~
Water distribution facilities from the point of
connection with the County's water facilities to
the master water meter serving the project,
Including all utility easements necessary.
5. The customers served on an Interim basis by the utility
system constructed by the Developer shall become customers of the
County at the time when County off-site water and/or sewer
facilities are available to serve the project and such connection
is made. Prior to connection of the project, to the County's off-
site water and/or sewer facilities the Developer, his assigns, or
successors shall turn over to the County a complete llst of the
customees served by the Interim utilities system and shall not
compete with the County for the service of those customers. The
Developer shall also provide the County with a detailed Inventory
of the :acilities served within the project and the entity which
will be responsible for the water and/or sewer service billing
for the project.
35
6. All construction plans and technical specifications related
to connections to the County's off-site water and/or sewer
facilities will be submitted to the Utliitles Division for review
and approval prior to commencement of construction.
7. 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 time of Permit request. This
requirement shall be made known to all prospective buyers of
properties for which building permits will be required prior to
the start of building construction.
8. The County will lease to the Developer for operation and
maintenance the water distribution and/or sewage collection and
transmission system for the sum of $10.00 per year, when such
system is not connected to the off-site water and/or sewer
faciliUes owned and operated by the County. Terms of the lease
shall be determined upon completion of the proposed utility
construction and prior to activation of the water supply,
treatment and distribution facilities and.or the sewage
collection, transmission and treatment facilities. The Lease, if
required, shall remain in effect until the County can provide
water and/or sewer service through Its off-site facilities or
until such time that bulk rate water and/or sewer service
agreements are negotiated with the Interim utility system serving
the project.
F. Data required under County Ordinance No. 80-112 showing the
availability of sewage service, must be submitted and approved by the
Utilities Division p.rior to approval of the construction documents for
the project. Submit a copy of the approved DER Permits for the sewage
collection and transmission systems and the wastewater treatment
facility to be utilized, upon receipt thereof.
G. If an interlm on-site water supply, treatment and
transmission facility is utilized to serve the proposed project, It
must be properly sized to supply average and peak day domestic demand,
in addition to fire flow demand at a rate approved by the appropriate
Fire Control District servicing the project area.
H. Construction and ownership of the water and sewer
facilities, including any proposed Interim water and/or sewage
treatment facilities, shall be in compliance with ali Utilities
Division Standards, Policies, Ordinances, Practices, etc. in effect at
the time construction approval is requested.
I. Detailed hydraulic design reports covering the water
distribution and sewage collection and transmission systems to serve
the project must be submitted wi[h the construction documents for the
project. The reports shall list all design assumptions, demand rates
and other factors pertinent to the system under consideration.
'026 295
37'
J. When the County has the ability to provide sewage treatment
and disposal services, the Developer, his assigns or successors 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. The District's Sewer Master Plan
for this area, which was adopted on April 29, 1986, specifies that
off-site sewer facilities will be made available along Davis
Boulevard. Based on this situation, the on-site sewer facilities to
serve the project shall be designed in the direction of Davis
Boulevard.
K. The Developer shall provide a utility easement to the County
Water/Sewer District for a Master Sewage Pump Station site as
described in the legal description which follows this page. Upon
approval of the rezone and DRI petitions for the Bretonne Park
project, the Developer shall convey the required utility easement to
the Distric~ and provide the Dlstrict with all necessary partial
releases for encumbrances which exist on the property.
L. The County has not yet determined whether the Bretonne Park
project will be selected as an area which i.~ to receive treated sewage
effluent from the County's Regional Treatment Plant, for irrigation
usage. Prior to preparation of definitive irrigation plans for the
Bretonne Park project, appropriate input shall be obtained from the
County to Insure that applicable County effluent use plans are
complied with. If required by the County, the Bretonne Park
Developer, his assigns or successors, shall construct and utilize an
~°
on-site secondary distribution system foe the use of treated sewage
MONTES AND ASSOC., INC.
CON,~JLTING ENGINEERS- LAND SURVEYORS
File No. 86.6qK
2/10187
LP.S.3.12
Proposed 60 foot x 125 foot County Pump Station site located In
the Southwest quarter of Section $, Township 50 Southo'Range 26
East, Collier County, Florida, being more particularly described
as follows:
Cor~nence at the Southwest corner of Section 5, Township 50 South,
Range 26 East, Collier County, Florida; thence run North
89°55~5S" East along the South line of the Southwest quarter of
the said Section S, the same being the centerllne of State Road
S.R. 8q [Davis Boulevard Extension) right-of-way, for a distance
of 1328.70 feet to an intersection with the centerllne o~ County
Barn Road right-of-way, thence continuo North 89°55~55" Eas~
along the South line of the Southwest quarter of the said Section
5 for a distance of 60.00 feet= thence run North 00°0qe0St~ West
along the Easterly right-of-way'l~ne of a future extension of
County Barn Road for a distance of 155.00 feet to the POINT OF
BEGINNING of the parcel of land herein described; thence cont"i'nue
North"0de0q~05" West along the. Easterly right-of-way line of said
future extension of County Barn Road for a distance of 60.00
feet; thence run North 89°$S~55" E~st parallel with the South
line of the Southwest quarter of the said Section 5 for a
distance of 12S.00 feet; thence ~un South O0°0q~05" East parallel
with the Eastern right-of-way line of said future extension of
County Barn Road for a distance of 60.00 feet= thence tun South
· 89055'55" West parallel wit~ the South line of the Southwest
quarter of the said Section $ for a distance of 125.00 feet to
the POINT OF BEGINNING.
Bearings taken from State Road No. S586 Job No. 03506-3601
39
effluent within the project limits, for irrigation purposes and
potentially for fire flow purposes. The Developer may be assigned
responsibility for providing all on-site piping and pumping f.~.cIlitles
from the County's point of delivery to the project, and may be
required to provide full wet weather on-site storage facilities, as
required by DER, consistent with the volume of treated wastewater to
be utilized. The treated effluent distribution system, If required,
shall be constructed pursuant to the findings of a detailed hydraulic
design report. The report must 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. Treated effluent supplied to the project will be
subject to the County's established rate schedule.
M. Prior to approval of construction documents by the Utilities
Division, the Developer must present verification, pursuant to Chapter
367, Florida Statutes, that the Florida Public Service Commission has
granted territorial rights to the Developer to provide sewer and/or
water service to the project until the County can provide these
services through its water and sewer facilities.
N. The project's on-site water distribution system shall be .
connected to the Districtts 12 inch water main on the south side of
Radio Road, extended throughout the project and extended across and
along Davis Boulevard on the south side of the roadway to loop the
project wlth the Distrlct~s existing water facilities at its terminus
po/|nt at the time of construct[on. This requirement shall be
iljustrated on the construction documents prepared for the project.
q0
SECTION VIII
'WATER MANAGEMENT REQUIREMENTS
8.1. PURPOSE
The purpose of this Section Is to set forth the utilities
requirements which the project developer is committed to meet.
8.2. REQUIREMENTS
Detailed site drainage plans shall be submitted to the
County Engineer for review, No construction permits shaU
be issued unless and until approval of the proposed
construction in accordance with the' submitted plans is
granted by the County Eng|neer.
The developer shall comply with all water management
· development commitments as detailed in Section 22 of the DRI
application and sufficiency reports,
An excavation permit will be required for the proposed lakes
in accordance with Collier County Ordinance # 80-26, as
emended by Ordinance 83-3, and as may be amended in the
future.
028,,,,.:299
ql
In addition to the development commitment described in the
response to question #22.C. of the DRI application, the
developer shall be responsible for the following actions
along its entire SR-S:~ [Davis Boulevard) frontage:
a) Dedication of an 80 foot wide dralnag& easement
b}
Construction of the major drainage swale in the 80 foot
drainage easement, and box culverts under project access
drives in accordance with the updated Master Plan for
Water Management District #6o if said improvements are
required by the County Engineer and/or Board of County
Commissioners;
¢}
Provision for, and preparation of, additional drainage
easementls) along the north side of the drainage swale
for construction of, and use as a maintenance travel-
way.
Illl.l.ll_l
DEVELOPMENT ORDER 87- 2
DEVELOPMENT ORDER OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA FOR BRETONNE PARK
PI~.NNED UNIT DEVELOPMENT LOCATED IN
SECTION 4, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA:
WHEREAS, Vines and Associates, Agent, for National Trust Company
Applicant, filed on May 9, 1986, with the County of Collier an Appli-
cation for Development Approval (ADA) of a Development of Regiomal
Impact (DRI) known as, Bretonna Park Planned Unit Development in accor-
dance with Section 380.06(6), Florida Statutes; and
~EREAS, Vines and Associates have obtained all necessary approvals
and conditional approvals from the various Collier County agencies,
departments, and boards required as a condition to Planned Unit Develop-
ment (PUD) zoning and DRI approval; and
WHEREAS, the Board of County Commissioners 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 Impact; and
WHEREAS, the public notice requirements of Chapter 380 and the
Collier County Zoning Ordinance have been satisfied; and
WHEREAS, the Collier County Planning Commission has reviewed and
considered tbs report and recommendation of the Southwest Florida
Regional Planning Council (SWFP~C) and held a public hearing on the ADA
on March 5, 1987, and
WHEREAS, the Board of County Commissioners has passed Ordinance
87-15 which rezoned the subject property to PUD; and
~tEREAS, Bratonne Park ADA is also part of an overall rezoning
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 permits by the County or State; and
W~tEREAS, on April 7, 1987, the Board of County Commissioners, at an
open public hearing in accordance with Section 380.06,' Flori~Statutes,
consid~red the application for Development of Regional Impact submitted
by Vines and Associates, Agent; the report and recommendations of the
SWFRPC; the certified record of cbs documentary and oral evidence
presented to the Collier County Planning Commission; the report and
recomm~ndaCions of tbs Collier County Planning Commission; the recommen-
dation~ of Collier County Sta£f and Advisory Boards; and Cbs comments
upon the record made before this Board of County Commissioners at said
meeCin~t, hereby makes the following Findings of Fact and Conclusion of
· Law:
FINDINCS OF FACT
1. Tbs real property which is tbs subJec~ of tbs ADA is legally
described as sec forth in E:~bibit A, the Planned Unit Develop-
menC Document for BreConne Park attached Hereto and by refer-
ence made a pa~t hereof.
2. ~e application is in accordance with Section 380.06(b),
Florida Statutes.
3. The applicant submitted to the County an ADA and sufficiency
responses known as composite Exhibit B, and by reference made
a parc hereof, to the extent that they are not inconsistent
with Cbs terms and conditions of this Order.
4. ~e applicant proposes the development of Bretonne Park
Planned UniC Development, for 333.48 acres which includes:
12.5 acres or 160,000 square feet of commercial, 1,380 dwelling
units on 333.48 acres, and approximately 107.30 acres of ocher
uses including parks/open space, wetland preserve, and lakes.
5. The Development is consistent with the report and recommenda-
tions of the SWFRPC submitted pursuant Co Subsection 380.06
(11), Florida Statutes.
6. The development will not unreasonably interfere with the
achievement of tbs obJecCiw~s of the adopted State Land Devel-
opment Plan ~pplicable Co Cbs area.
7. A comprehensive review of the impact generated by the develop-
menC has been conducted by the appropriate County departments
and agencies and by the SWFRPC.
8. The development is not in an area designated an Area of Criti-
cal State Concern pursuant to the provisions of Section
380.05, Florida Statutes, aa amended.
9. The development ia consi~tent with the land development
regulations of Collier County.
CONCLUSIONS OF LAW
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Collier County, Florida, in public meeting, duly constituted and
assembled April 7, 1987, that the Bretonne Development of Regional Impact
Application for Dew~lopment Approval submitted by Vine~ and Associates,
Agent, is hereby ordered approved subject to the following conditions as
recommended by the SWFRPC or in response to their recommendation and the
commi~ents specified in the PUD which are hereby adopt:ed as conditions
of approval of this Development Order:
1. DRAINAGE/WATER qUALITY:
Ail commitments provided within the Brettone park ADA and
supplemental sufficiency documents, with respect to
Question 22 (Drainage), shall be incorporated as
conditions for approval.
An on-going maintenance, maintaining, and sampling program
that regularly inspects, maintains and samples the
stormwater drainage system shall be implemented by the
applicant, or his successor, through the project's
lifetime.
The applicant, after finalizing development plans for the
Neighborhood Commercial parcel, shall coordinate with the
Collier County Department of Environmental Regulation
(FDER) for the provision of temporary transfer/storage or
special and hazardous wal~tes, as classified by FDER, that
are generated by the development.
ENERGY:
/"ne project will be an all electric development which will
increase the energy demands of the Region. The energy
conservation measures committed in the ADA to reduce the
impact of that increased energy demand shall be adhered to.
TRANSPORTATION:
The Development shall mitigate its impacts on the roadway
segments s~nd intersections "significantly impacted" by the
development: (as that term is defined herein) as follows:
The County has adopted a Road Impact Fee Ordinance
(Ordinance ~85-55) and the Developer, or its successors,
shall pay the impact fees specified therein or as
amended, for all development at Bretonne Park. These
impact fees, together with that portion of gasoline taxes
and ad valorem taxes generated from the project, and
programmed for road improvements, together with the
dedications and other contributions specified herein,
shall mitigate the transportation impacts reasonably
attributable to the development.
Should the Board of County Commissioners determine the
above cited impact fees, local gasoline taxes, and ad
valorem taxes, shall not be applied to State Road 84, and
the County commits to assist the State in maintaining an
acceptable level of se~ice on State Road 84, then the
Developer, or its succe~sors, shall pay its proportionate
share of the improvements needed to maintain Level of
Service "C", on an average annual daily basis, for the
segments of State Road 84 significantly impacted, as part
of a duly adopted area wide funding program. Any payments
made shall be deemed to be non-site related and subject
to a determination of credit against local impact fees
required of the Developer.
The applicant shall be required to pay for any project
related intersection improvements (including but not
limited to signalization, turn lanes and additional
through lanes) found to be necessary by the Collier
County Transportation Department or Florida Department of
Transportation for the project's access intersections
onto Davis Boulevard and Radio Road throughout all phases
of the development.
Adequate co;mmitments shall be made to provide the total
improvements, including right-of-way, signalization, turn
lanes, and other improvements necessary to maintain Level
of Service "C", on an annual average daily basis, on the
roadways and intersections significantly impacted by this
DRI development through its buildout. The development's
impact shall be deemed significant when its total traffic
using a roadway or intersection exceeds 5% of the road or
intersection capacity at Level of Service "c". Collier
County shall commit to the programming of such
improvements in a timely manner, and to the funding of
such improvements with appropriate applications of public
funds and/or proportic, nal share payments collected from
this DRI development im accordance with provisions of the
Collier County Impact Fee Ordinance and State statutes
and rules. The programming or funding of such
improvements on the State highway system shall be
coordinated with the Florida DOT and with the programming
of State Primary Highway funds in Collier County.
Subject to redeterminatton of transportation impacts and
calculation of proport:£onal share payments based on the
monitoring studies specified in 3.f., the following
roadways and intersections are expected to be
~ubstantially impacted hy his development at its buildout:
SR 84 (Davis Boulevard}
- Airport-Pulling Road to Kings Way
- Kings Way to County Barn Road
- County Barn Road to Santa Barbar~ Boulevard
- :;anta Barbara Boulevard to CR 856 (Radio Road)
- Hadio Road to CR 951 (Isle of Capri Road)
CR 31 (Airport-Pullin~ Road)
- CR 886 (Golden Gate Parkway) to Radiu Road
CR 856 (Radio Road)
- Airport-Pulling Road to Kings Way
- Kings Way to Bretonne Park Entrance
CR 864 (Rat~leanake Hammock Road)
- County Barn Road to Polly Avenue
- Polly Avenue to CR 951
Intersections
- Davis Boulevard at CR 951
- ])avis Boulevard at Radio Road
- Davis Boulevard at Santa Barbara Boulevard
- Davis Boulevard at County Barn Road
- Davis Boulevard at Kings Way
- ])avia Boulevard Airport-Pulling Road
- Ait~ort-Pulling Road at Radio Road
- Radio Road at Kings Way
- County Barn Road at Rattlesnake Hammock Road
eo
Prior to the approval of any land uses indicated in the ADA,
for Phases II through V of Bretonne Park (scheduled to being in
1990), the applicant shall prepare and submit a revised
transportation analysis to the Naples Area (Collier County)
Metropolitan Planning Organization, FDOT, DCA and Southwest
Florida Regional Planning Council. This revised analysis
shall imclude only exit, ting roads and programmed road
improvements with committed funding, or planning roads with
right-of-way assured through ordinance, and will reassess the
transportation impacts of Bretonne Park DRI Phases II through
V. The report will be equivalent to an update of the
applicant's ADA assessment of Question 31 in the DRI
questionnaires, documenting commitments in approved planning
programs to fund future roadway improyements required during
Phases II through V.
Approval or approval with conditions for Phases II through V
will be decided by the County, based upon the results of this
reanalysis and considering any review and recommendations
provided by the Regional Planning Council and other
transportation review agencies.
The timing for the initiation of the improvements outlined in
recommendation "d" above shall be at the time that a road
segment/intersection is found to exceed Level of Service "C",
on an annual average daily basis. Service Level determination
shall be made by the appropriate County Department or FDOT.
To determine the existing levels of service on impacted
facilities and the need for the improvements in a timely
manner, the applicant shall submit an annual monitoring report
to the Collier County Transportation Department, FDOT and the
Southwest Florida Regional Planning Council for review. The
first monitoring report shall be submitted one year after the
issuance of the first building permit for Bretonne Park.
Reports :~hall be submitted annually until buildout of the
project. At a minimum, this report shall contain traffic
counts taken at the access] points to the site and turning
movements to each of the intersections listed above in
recomme~,dation "d".
The purpose of the monitoring report shall be to indicate when
LOS "C" is expected on imp~cted roadways and/or intersections
and to provide x~pdated 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, con~truction of
the following road improvements shall be needed consistent
with the development of Bretonne Park DRI if Level of Service
"c" conditions are to be maintained.
Regional and Local Roadways_ (including intersection improvements)
Phase I (1988 - 1991)
Santa Barbara-Blvd.
No significant improvements due
to Bretonne Park are anticipated.
Phase II (1990 - 1993)
SR 84 (Davi~ ~ou].evard)
Widen to four (and possibly six)
lanes with a median from
Airport-Pulling Road to
Kings Way
Phase III (19~)2 -- 1995)
SR 84 (Davis ~oulevard)
Widen to four (and possibly six)
lanes with a median from Kings
Way to Bretonne Park
Entrance/County Barn Road.
Phase 1V (1994 - [997)
Radio ~.oad
Airport-Pulling Road
Rattle~make Hammock Road
Phase V (1996 - 1998)
SR 84 (Davis Boulevard)
Widen to four lanes with a
median from Santa Barbara
Boulevard to Radio Road.
Widen to four lanes with a
median from Radio Road to CR 951.
May require widening to six
lanes with a median from
Airport-Pulling Road to Kings
Way.
Widen to eight lanes, from
Golden Gate Parkway to Radio
Road (Alternatively, investigate
the feasibility of constructing
Livingston Road to four lanes to
divert traffic away from
Airport-Pulling Road on this
segment).
May require widening to four
lanes with a median from County
Barn Road eastward to CR 951.
The segment directly east of
Airport-Pulling Road may require
eight laning during this phase.
May require widening to six
lanes with a median from
Bretonne Park entrance to Santa
Barbara Boulevard.
Radio Hoad
May require widening to six
lanes with a median from Kings
Way to Bretonne Park entrance.
County Barn Road
May require four laning from
Davis Boulevard to Rattlesnake
Hammock Road.
If annual monitoring reports confirm that Level of Service "C"
AAOT conditions are being exceeded on the regional roadways
indicated above, and the project is utilizing more than 5% of
this Level of Se~ice "C" capacity; and
(a) if any roadway improvement necessary to return to Level
of Service "C" or better condition is not programmed on
the applicable ~0 or Collier County five year traffic
improvement plan with identified funding; or
(b) if such programmed improvement is deleted from said five
year traffic improvement plan; or
(c) if five years pass without the start of constructfon of
said improvement; or-
(d) if the level of service on any said roadway segment/
intersection exceeds Level of Service "D" on an annual
average daily condition prior to the construction of the
programmed 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
within six (6) months of the date of notice that a
substantial deviation, has occurred. If an amended
Development Order is not adopted within six (6) months,
then building permits shall ceLse to ba issued until an
10
amended Development Order is adopted which adequately
mitigates this project's impacts on the regional roadways
an,] intersections specified herein. Further development
will be authorized and conditioned by the amended
Development Order.
If the same conditions occur except that the Developer
has paid his proportional share of the cost of said
roadway segment or intersections, either through advance
payments or through accumulated payments of County impact
fees, then a substantial deviation determination shall be
made by Collier County addressing the status of the
needed roadway improvements, and the steps needed to
implement these improvements. The Developer may continue
development during the substantial deviation review until
an amended Development Order is issued, provided that the
amended Development Order is issued within one (1) year
of the date the substantial deviation determination is
made by Collier County. Further development will be
authorized and conditioned by the final amended
Development Order.
4. VEGETATION ~ WILDLIFE:
The applicant 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 6 species of plants and 13
species of animals which are endangered, threatened, or are species
of special concern that may g'row, feed, nest and breed on the
Breto~ne Park site.
Conditions:
The applicant shall adhere to the ~.DA commitments for upland
greenbelt areas, cypress wetlands and seasonal pond
preservation areas and creation of lake littoral zones.
A survey for any eagle and red-cockaded woodpecker nesting
activiti~s shall be conducted prior to commencement of
development. Copies shall be sent to Collier County, the
SWFRPC and Florida Game and Fresh Water Fish Commission.
The applicants ADA commitments to remove and control melaleuca
throughout the site shall be adhered to.
Work crew supervisors working close to planned preserve areas
shall be encouraged to take precaution in order to minimize
wildlife disturbances.
5. ~gTLAN]) S:
The Bretonne ]?ark site contains ~ total of 10.26 acres of natural
wetlands and a 3.1 acre manmade borrow pit. The combined natural
and manmade wetlands account for approximately 13.36 acres qr 4Z of
the total site. The applicant proposed to preserve all on-site
w,~tlands and to create additional wetlands through the construction
of lakes for surface water management purposes.
ao
The applicants ~)A commitments to wetland preservation,
wetland mitigation, and- water management design shall be
adhered to.
b. Exotic plants in wetland areas; shall be removed and controlled.
The overall ecological integrity of the wetland preserve areas
shall be continuously maintained.
6. EDUCATION:
The project shall contribute as required to defray its
proportionate share of land or monies needed to accommodate the
impact of development on education, in accord with any ordinance
applicable to all DRI and non-DRI developments in the impact area.
3'13'
7. FIRE PROTECTION:
Fire sprinklers should be included throughout the commercial
portion of the project and in common areas of the residential
portion if requir~ ~5. applicable fire codes.
The project shall participate in lawfully adopted, generally
applicable fair share requirements to fund fire control
district personnel needs in order to mitigate project impact~3.
C. The applicant shall meet with appropriate fire district
representatives during site plan review in order to
incorporate any required access features into the overall
project design.
8. RECREATION AND OPEN SPACE:
As determined during site plan review and as environmental
conditions allow, all passive recreation/open space areas should
permit maximum access through the provision of bike paths, Jogging
trails, nature walks, etc.
9. SOLID WASTE:
mo
applicant and subsequent teDants of the project should
investigal:e methods of reducing solid waste volume.
Tke applicant and subsequent tenants should identify the
proper on-site handling and temporary storage procedures for
any hazardous waste that may be generated on-site, in accord
with local, regional and state hazardous waste programs.
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10. WASTE WATER:
In the event that project development is initiated prior to be
availability of county sewer mervice and a temporary sewage
treatment plant is developed on-site, the temporary plant
shall only be operated until county sewer service ia available
at which time the project shall be connected to the county
system and the temporary plant dismantled and removed.
Bo
Stabilized sludge from the temporary plant shall be disposed
of in a manner approved by EDER and the county.
If any u~es within the commercial area alter the expected
characteristics of ordinary domestic wastewater, the applicant
shall provide assurance thst any wastewater containing
hazardous wa~3te will be segregated from everyday wastewater.
1 i. WATER SUPPLY:
Water conservation measurea and practices should be utilized in the
Bretonne Park project. At a minimum, water conservation devices
described in the Water Conservation Act must be used, landscape
irrigation should be restricted to the hours of 5 p.m. to 9 a.m.,
and non-potable water sources should be utilized for irrigation
where possible.
12. CONSISTE~CY WI"fH THE LOCAL COMPREHENSIVE PLAN:
The project is located within an area currently designated as urban
by the Collier Country Comprehensive Plan, which is consistent with
the approved Bret~nne Park Master Development Plan and PUD document.
14
13. P.U.D. DOCUMENT:
The approved Bretonne Park PUD document and Master Development
Plan, as those documents may be officially modified from time to time,
are hereby incorporated in and made a part of this Development Order and
are entitled Exhibit "A", attached hereto.
BE IT FURTHER RESOLVED, by the Board of County Commissioners of Collier
County, that:
All commitment~ and impact mitigating actions provided by the
applicant in the Application for Development Approval and
supplemental documents and the Application for Public Hearing for
rezoning and supplemental document~ that are not in conflict with
conditions or ~tipulations specifically enumerated above are hereby
adopted to this Development Order by reference.
2o
The Co,unity Development Administrator shall be the local official
responsible for assuring compliance with the Development Order.
This Development Order shall remain in effect for the duration of
the project. However, in the event that significant physical
development has not commenced'with Collier County within five (5)
years developme:at approval will terminate and this development
order shall no longer be effective. For purposes of this
requirement "significant physical development" does not include
roads, drainag.~ or landscaping but does include construction of
buildings or inE~tallation of utilities and facilities such as sewer
and water line~. This time period may be extended by the Board of
County Commissioners upon request by the Developer in the event
that uncontrollable circumstances delay the commencement of
development.
15
3'16
The applicant or their successor(s) in title to the subject
property shall submit a report annually, commencing one year from
the effective date of this development order, to the Board of
County Co~a~is~ioners of Collier County~ the Southwest Florida
Regional Planning Council, and the Department of Community
Affairs. This report will contain the information required in
Section 9B-16.25, Elorida Administrative Code. Failure to nubmit
the annual report shall be governed by Subsection 380.06 (16),
Florida Statutes.
Subsequent requests for development permits shall not require
further review pursuant to Section 380.06, Florida Statutes, unless
it is found by the Board of County Commissioners of Collier County,
after due notice and hearing, that one or more of the following is
present;
A substantial deviation from the terms or conditions of this
development order, a substantial deviation to the project
development phasing schedule, or substantial deviation from
the approved development plans which create a reasonable
likelihood of adverse regional impacts or other regional
impacts which were not evaluated in the review by the
Southwest Florida Regional Planning Council; or
An expiration of the period of effectiveness of this
development order as provided herein.
Upon a finding that either of the above is presented, the Board of
County Commissioners of Collier County shall order a termination of
all development activity until such time aa a new DRI Application
for Development Approval has been submitted, reviewed and approved
in accordance with Section 380.06, Florida Statutes.
The approval granted by this Development Order is limited. Such
approval shall not be construed to obviate the duty of the
applicant to comply with all other applicable local or state
permitting procedures.
3'17
16
The definitions contained in Chapter 380.06, Florida Statutes,
shall control the interpretation and construction of any terms of
this Development Order.
Th:La Order shell be binding upon the Developer, assignees or
successors in interest.
It is understood that any reference herein to any governmental
agency shall be con~trued to mean any future instrumentality which
may be created or designated or successor in interest to, or which
otherwise possesses any of the powers and duties of any referenced
governmental agen{y in existence on the effective date of this
Order.
10.
In the event that any portion or section of this Order is
determined to be invalid, illegal, or unconstitutional by a court
or agency of competent Jurisdiction, such decision shall in no
manner effect the remaining portions of this Order which shall
remain in full force and effect.
11. This resolution shall become effective as provided by Law.
12. Certified copies of this order are to be sent immediately to th~
Department of Community Affairs, Southwest Florida Regional
Planning Council.
DULY PASSED AND ADOPTED this 7th day of
1987.
DATE: ;~ril 7, 1987
BOARD OF COUNTY COMMISSIONERS
;~ .. .,;, ./c.3 . ::., This ordinance filed with the
'..,2 '...'.~:"..C.~ .;" . %" Secretary of State's.Office the.~
/7,~, ', .... ' -~? ~doy of~, ~
'".,;74 ""~[~qy~l AS TO FO~ ~ LEG~ SUFFZC[ENCY ~nd ocknowl~gemc~t o~,ha,
*~~ ~ ~ filing received t~ doy
KENNETH B: C~LER ~ o~~
CO~ ATTORN~ ~ ~ ~ c~m
~RETO~E PA~ DO