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Ordinance 87-018 ORDINANCE 8 7-..~L~ AN ORDINANCE AME~NDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS M~ NUMBER 49-25-1 BY CHANGING THE ZONIMG CLASSIFICATION OF THE HEREIN DESCRIBED RE~J~ PROPERTY FROM A-2 AND A-2 "ST" TO "PUD" PLAN2qED UNIT DEVELOPMENT KNOWN AS CYPRESS GLEN FOR 280 MRfLTI-FAMILY DWELLING UNITS FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD, APPROXIMATELY 2/3 MILES EAST OF AIRPORT ROAD, DIRECTLY WEST OF THE COM~fUNITY SCHOOL OF NAPLES IN SECTION 12, TOWNSHIP 49 ':.SOUTH, RANGE 25 EAST; AND PROVIDING AN EFFECTIVE '' DATE. W~E~'k~S, Wilson, Miller, Barton, Soll and Peek, representing Clyde Quinby and James McCombe, petitioned the Board of County Commissioners to' change the Zoning Classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described real property located in Section 12, Township 49 South, Range 25 East, Collier County, Florida is changed from A-2 and A-2 "ST" 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 Map Number 49-25-I, as described in Ordinance 82-2, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon receipt of notice that is has been filed with the Secretary of State. DATE: April 21, 1987 BOARD OF COUNTY COMMISSIONERS ,. ............. COLLIER COUNTY, FLORIDA ,.,"%~ ~0,L;~D,:. ~'?,., . -- ~'. ~, , ........ -;.: ~:,,. :,,....:,.~., _/.~ ,-. ~ . -'"~'7JAMES'C. GILES, :CL'ERK MAX .. / · ..~, · "~.~'~.~.~,~';'-'-""- '" ~Z"~ ~ :~. :' ×/7~' .-~'_ ,~ l,~r_ do~ o~~. ~ si':' 9 '" " '---7' . , s % ' c,.v'",' ~~,/' ond acknowledgement AP~GVF,'~.,~,~. TO FOI~ AND~EGAL SUFFICIENC:~Iing of R. BRUCE ANDERSON - ASSISTANT COb%ITY ATTORNEY ~. ' U£.I) -".! .~,~ A PLANNED UNIT DEVESOPMENT for CYPRESS GLEN 29.7+ Acres located in Section 12, Town~hip 49 South, Range 25 East, Collier County, Florida PREPARED BY: WILSON, MILLER, BARTON, SOLL & PEEK, INC. 1383 AIRPORT ROAD, NORTH NAPLES, FLORIDA 33942 April, 1987 DATE REVISED: April 21, 1987 DATE ISSUED: ~U~Y 16, 1986 DATE APPROVED BY BCC: April 21, 1987 ORDINANCE NUMBER: 87-18 TABLE OF CONTENTS PAGE LIST OF EXHIBITS ..................................... i SECTION I STATEMENT OF COMPLIANCE ............................ 1-1 SECTION II PROPERTY OWNERSHIP AND LEGAL DESCRIPTION ........... 2-1 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION ........ 3-1 SECTION IV RESIDENTIAL LAND USE REGULATIONS .................. 4-1 SECTION V GENERAL DEVELOPMENT COMMITMENTS .................... 5-1 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D LIST OF EXHIBITS. P.U.D. MASTER PLAN WMBS&P FILE ~'O. RZ-130A AERIAL PHOTOGRAPH AND LOCATION MAP WMBS&P FILE NO. RZ-130B SOILS AND VEGETATION MAP WMBS&P FILE NO. RZ-130C BOUNDARY AND TOPOGRAPHIC SURVEY WMBS&P FILE NO. 5G-142 SECTION I STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Mr. Clyde Quinby and Mr. James McCombs, Trustees, 4588 Tamiami Trail, North, Naples, Florida 33940, hereinafter referred to as applicant or sponsor, to create a P.U.D. on 29.7 acres of land located in Section 12, Township 49 South, Range 25 East, Collier County, Florida. The name of this proposed development shall hence forth be known as Cypress Glen. The development of Cypress Glen as a Planned Unit Development will be in compliance with the ~l. anning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential development with associated recreational facilities will be consistent with the growth policies and land development regulations of the Comprehensive Plan Land Use Element and other applicable documents for the following reasons: 1. 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. 2. The development shall be compatible with and colnplimentary to the surrounding land uses. 3. Ail improvements shall be in compliance with applicable regulations. 4. The cjustering of multi-family buildings provides for more common open space and flexibility in design and shall improw~ the living environment of the development. 5. The number of egress and ingress points shall be limited so as to minimize the impact upon the traffic flow along Pine Ridge Road. 6. The project will be served by a complete range of services and utilities. 1-1 2.01 2.02 SECTION II PROPERTY OWNERSHIP AND LEGAL DESCRIPTION ~roperty Ownership The subject property is currently owned by: Clyde Quinby and James McCombs, Trustees 4588 Tamiami Trail, North Naples, Florida 33940 Legal Description The subject property is described as follows: The east 1/2 of the southwest 1/4 of the southeast 1/4 andl the east 1/2 of the west 1/2 of the southwest 1/4 of the southeast 1/4, Section 12, Township 49 South, Range 25 East, Collier County, Florida, less the South 75 feet previously conveyed to Collier County, Florida for highway purposes. 2-1 ,0'31 3.01 3.02 3.03 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION INTRODUCTION It is the sponsor's intention to create a multi-family residential project with recreational and other support facilities. The units shall be centered around a proposed lake, existing cypress slough, recreational facilities, and common open spaces. The recreational facilities may consist of swimming pools, tennis courts, a jogging trail, and a:%y other additional facilities as may be deemed desirable. COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in compliance with the applicable Collier County Zoning and Subdivision regu- lations as well as other Collier County de¥31opment codes in effect at the time permits amd/or plats are requested. DEVELOPMENT AND FRACTIONALIZATION OF TRACTS A. Fractionalization of Tracts: When the developer sells an entire Tract or a building parcel (fraction of a Tract) to a subsequent owner, or proposes development of such property himself, .the developer shall provide to the Zoning Director for ap- proval, prior to the development of the tract by the developer or prior to the sale to a subsequent owner of such property, a boundary drawing showing the tract arid the number of units and/or the square footage assigned to the property, as applicable. This drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. In the event any tract or building parcel is sold by amy subsequent owner, as identlfied in Section 3.03(ai*, in fractional parts to other parties for development, the subsequent owner shall provide to the Zoning Director for approval, prior to development of the tract by the developer or prior to the sale to a subsequent owner of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the number of units and/or the square footage, as applicable, assigned to each of the fractional parts. The drawing shall also show the location and size of access to those fractional parts that to not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. 3-1 3. The developer of any tract must submit a Conceptual Site Plan for the entire tract in accordance with Section of this document prior to Final Site Development Plan submittal for any portion of that tract. The developer may choose not to submit a Conceptual Site Plan for the entire tract if a Final Site Plan is submitted and approved for the entire tract. 4. The developer of any tract or building parcel must submit, prior to or at the same time of application fo~ a building permit, a detailed site development plan for his tract or parcel in conformance with the Zoning Ordinance rquirements for site development plan approval. This plan shall be in compliance with any approved Conceptual Site Plan as well as all criteria within this document. 5. In evaluating the fractionalization plans, the Zoning Director's decision for approval or denial shall be based on compliance with the criteria and the development intent as set forth in this document, conformance with allowable amount of building square footage and the reasonable accessibility of the fractional parts to public or private roadways, common areas, or other means of ingress and egress. 6. If approval or denial is not issued within ten (10) working days, the submission shall be considered automatically approved. B. PUD Conceptual Site Plan Approval Process: · When PUD Conceptual Site Plan approval is desired or required by this document, the following procedure shall be followed: A written request for Conceptual Site Plan approval shall be submitted to the Director for approval. The request shall include materials necessary to demonstrate that the approval of the Conceptual Site Plan will be in harmon~ with the general intent and purpose of this document. Such material may include, but is not limited to the following, where applicable: a. Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off-street loading areas; yards and other open spaces. b. Plans showing proposed locations for utilities hookup. c. Plans for screening and buffering. 3-2 3.04 3.05 2. In the case of cjustered buildings required property development regulations may be waived or reduced provided a site plan is approved under this section. 3. A fee consistent with the current fee schedule for County Site Development Plan approval shall accompany the application, unless a specific fee for Conceptual Site Plan Review is adopted. 4. If approval or denial is not issued within twenty (20) working days, the submission shall be considered automatically approved. C. Site Development Plan Approval Process Site Development Plan approval, when desired or requested by this document, shall follow the procedure as outlined in the Zoning Ordinance. LAND USES The arrangement of land use types is shown on the P.U.D. Master Plan. Minor changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation, and other- site conditions. The specific location aned size of individual tracts and the .assignment of dwelling units thereto shall be submitted to the Zoning Director for approval or denial, as described in Section 3.03 of this document. The final size of the recreation and open space lands will' depend on the actual requirements for water management, roadway pattern, and dwelling unit size and configuration. PROJECT DENSITY The total acreage of Cypress Glen is approximately 29.7 acres. The maximum number of dwelling units to be built on the total acreage is 280. The number of dwelling units per gross acre is approximately 9.4. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 3-3 3.06 3.07 3.08 3.09 RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with applicable Collier County Development Codes, and the standards and commitments of this document. EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said ease- ments ant] improvements shall be in substantial compliance with the Collier County Subdivision Regulations. Ail necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. LAKE SITING As depicted on the P.U.D. Master Plan the proposed lake has been centrally sited adjacent to plagned residential units and existing wetlands. The goals of this are to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. EXCEPTIONS TO THE SUBDIVISION REGULATIONS The following requirements of the subdivision regulations shall be waived subject to review and approval by the County Engineer at the time of construction plan submittal. Article XI, Section 10: Monuments where such monuments occur within street pavement areas, they shall be installed in a typical water valve cover, as prescribed in the current County standards. b. Article XI, Section 17I: Curb Radii (Reduce requirements from forty (40') foot radius to thirty (30') foot radius at local to local roads.) 3-4 c. Article XI, Section 17J: Intersections requiring curved streets to have a minimum tangent of 100 feet at intersections., multiple intersections, and street jogs provided streets remain private. d. Article XI, Section 21: Utility Casings if all utilities are constructed prior to .pavement construction. · e. Article II, Section 17G, Appendix "D", Local Road T~pical Sections as it pertains to private roads. f. Article II, Section 17K: Reverse Curves: provided roads remain private. 3-5 4.01 4.0~ 4.03 SECTION IV RESIDE~TIAL LAND USE REGULATIONS PURPOSE The purpose of this Section is to set forth the regu- lations for the residential areas shown on the P.U.D. Master Plan. GENERAL DESCRIPTION Residential areas designated on the Master Plan are designed to accommodate a full range of residential dwelling types, recreational facilities, essential services, customary accessory uses, and compatible land uses. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall erected, altered, or used, or land or water used, whole or in part, for other than the following: a) Permitted Principal Uses and Structures: 1) Multi-family dwellings. 2) Cjuster housing, group housing or patio housing subject to site development plan approval. 3) Water management facilities and lakes. 4) On-site wastewater treatment facilities. be 5) Manager's residence and offices. b) Permitted.Accessory Uses and Structures: 1) Customary accessory uses and structures. 2) Signs. 3) Recreational Facilities. 4) Model units shall be permitted in conjunction with the promotion of the development. The model units shall be converted to residences at the end of a two year period unless otherwise specifically approved by the County. 4-1 J. ]>.+r 4.04' DEVELOPMENT STANDARDS 1. a) Minimum lot area: one acre.. b) Minimum lot width: 150 feet. c) Minimum distance between.principal structures: ~ne-half the sum of their heights. d) Setback from project boundaries: thirty feet (30') e) ~aximum height of structures: 3 habitable s. tories. f) Minimum floor area of residential dwelling: 750 S.F. g) Utility plant setback from P.U.D. external boundary: 50 ~eet. A buffer shall be provided in accordance with the requirements of the Zoning Ordinance. 2. Minimum standards for parking, landscaping, signs and lighting shall be in accordance with applicable County standards and regulations in effect at the time permits are sought. 4-2 02:6,,':,3'38' SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.01 PURPOSE The purpose of this Section is to set forth the general development commitments of the project. 5.02 PUD MASTER DEVELOPMENT PLAN The PUD Master Plan (Wilson, Miller, Barton, Soil & Peek, Inc., Drawing File No. RZ-130A), is an iljustrative preliminary development plan. bo The design criteria and layout iljustrated on the Master Plan shall be understood as flexible so that, the final design may satisfy the project and comply with all ap- plicable requirements. Acreages shown on the P.U.D. Master Plan are approximate and minor changes to accommodate final engineering plans must be approved in accordance with Section 3.03 of this document. Ail necessary easements, dedications, or other instru- ments shall be granted to insure the continued operation and maintenance of all service utilities. d. Minor design changes shall be permitted subject to County staff administrative approval. Areas iljustrated as "lake" shall be constructed lake, or upon approval, parts thereof may be green areas in which as much natural foliage as practical shall be preserved. Such areas, lakes and/or natural green areas, shall be of general area and configuration as shown on the Master Plan. The petitioner or any subsequent owners shall provide for maintenance of any common open space, drainage facilities, lakes, recreational areas, natural areas or any other .'amenities associated with the proposed development. Prior to completion of the project, all commitments in this PUD document shall be met by the developer or his designee. If certain commitments are to be met during the final phase of construction, adequate provisions shall be established to assure that all commitments are met by the developer or his designee at the time of completion of this project. 5-1 026,',",, 3'39 5.03 TRANSPORTATION AND T]~AFFIC IMPACT a. In accordance with Ordinance 85-55, requiring development: to contribute', its proportionate share of funds to accommodate the impact of proposed development on area roads; the developer or its successors or assigns, agrees to pay road impact fees in accordance with the adopted fee schedule, at such time as building permits are requested. The Developer further agrees to pay its fair share for intersection improvements at the project's access point: deemed necessary by the County Engineer. b. Access t~ the site and its median opening shall be located so as not to affect the design or use of the existing opening and left turn lane serving the Community School of Naples. c. The developer shall provide a westbound right turn lane at the prgject entrance. d. The developer shall provide arterial level street lighting at the project entrance. e. The developer shall provide up to 35 feet of right-of-way along the north side of Pine Ridge Road for future roadway, bike path and drainage improvements, the exact amount to be determined when the right-of-way permit is issued. f. These required improvements are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credit toward any impact fees required by that Ordinance. 5.04 ENVIRONMENTAL CONSIDERATIONS a. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with 'the development schedule. The site clearing plan' shall clearly depict ho~ the final site layout 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. 5-2 b.:~Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. c. Ail exotic plants, as defined in the County Code, shall be removed during each phase of construction 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 Management Department and the Community Development Division. d. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Masagement Department or a designated consultant to assess the find and determine the proper course of ~ction in regard to its salvageability. The Natural Resources Masagement 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. e. No development will be allowed in the oak hammock area. Prior to any development of surrounding lands, the hammock shall be flagged; flagging boundaries shall be verified by NRMD. f. The oak hammock area may be used only for passive recreation, ~.ncluding uses such as nature trails and/or a limited number of picnic tables/benches. Any clearing of understory vegetation and/or placement of structures (i.e., picnic facilities) must be reviewed and subject to approval by NRMD. 5-3 g~ The cypress slough shall be preserved. Prior to any development of surrounding lands, the slough shall be flagged; flagging boundaries shall be verified by NRMD. h. The petitioner shall investigate design modifications concerning berming around the cypress area to enhance water retention, thereby enhancing the slough. i. Petitioner must verify the presence or absence of gophe;f turtles and, if turtles are found, must satisfy all state (Florida Game and Fresh Water Fish Commission) stipu.- lations concerning the turtles. j. Petitioner will be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. k. For all of the stipulations above, mutual agreements must be reached between NRMD and personnel of the Cypress Glen development. 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 disputes; this governing entity will act as an arbitrator for disputes. If abritration is futile, the matters will be brought before the Board of County Commissioners (BCC), the BCC to act as the final arbitrator. 5.05 WATER MANAGEMENT CONSIDERATIONS 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. b. An Excavation Permit will be required for the proposed lake in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance ~3-3, and as may be amended in the future. c. A strip of land. not to exceed 25 feet in width, along the entire frontage shall be reserved for use as a future easement for road swale widening and maintenance purposes. 5.06 UTILITIES To be in accordance with attached stipulations in Memorandum from Utilities Engineering Director dated Auqust 14, 1986. 5-4 5.07 ENGINEERING a. There are approximately 50 units located on the west side of the Cypress Slough which are totally isolated from'the remainder of 'the development. A secondary route, in addition to the access road, shall be designed through the parking areas from Pine Ridge Road to the access road where it crosses the Cypr'ess Slough. This will provide two rou~es within 400-1000 feet of the isolated units An emergency access connection from the internal street to the access trail abutting the north property line shall be maintained. 5.08 CERTIFICATE OF OCCUPANCY ISSUANCE No certificate of occupancy (C.O.) will be issued for Cypress Glen un~ts until proposed improvements to the North Naples water system currently under design are completed. These improvements are scheduled for completion in March 1988. 5.09 POLLING PLACES Polling places shall be permitted -as deemed appropriate. 5-5 · 0: ~nn McK~m. ?]ann~n~ Department Mcmorsndurn · DATE:Au_~ust 14. 19~6 FROM:Tbnm~ ~ A. Utilities Engineering Director .Re: Petition No. R-86-21C, Cypress Woods We have reviewed the above referenced Petition and have no objection to the rezone as requested. However, we require the following stipulations am a condition to our recommendation for approval: A) Watew & Sewer 1) 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 within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes' pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. Ail water and sewer facilities constructed on 'private property and not required by the County to he located within utility easements shall be o~med, 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 :o 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 sewer facilities shall be con- veyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. The water facilities shall be turned over to the City of Naples. 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) AlJ customers connecting to the sewage collection facilities will be customer~; ~f 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 sewer service to the project, the 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. Water supply and billing shall be provided by the City of Naples. To: Ann McKim, Planning Department Page 2 August 14, 1986 ~-%~1 4) It is anticipated that the County Utilities Division will ultimately receive and treat the sewage generated by this project. Should the ~ounty system not be in a position to receive the project's wastewater at the time development commences, the Devel'oper, at his expense, will install and operate interim on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. 5) An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: a) The proposed on-site wastewater treatment and disposal facilities, if re,tuired, 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 sewer .facilities are available to s~rvice the project. The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the Coungy for development. The utility facility may not be expanded to provide sewer service outside the development boundary approved by the County without the wzttten consent of the County. b)' Upon connection to the County's off-site sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim sewage treatment facility. All work related with this activity shall be performed at no cost to the County. c) Connection to the County's off-site sewer facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities becom~ available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of existing sewage pumping facilities or construction of new master sewage pumping facilities, interconnection with County off-site facilities, sewer lines necessary to make the connection(s), etc. d) At the time County off-site sewer facilities are available for the project to connect with, the following sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: I) Ail 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 sewer facilities; or, To: Ann McKim, Planning ~epartment Page 3 August ~, 2) Ail sewer facilities required to connect the project to the County's off-site sewer facilities when the on-site sewer facilities are constructed on private, property and not required by the County to be located within utility easements, including but not limited to the following: a) Main sewage lift station and force main inter- connecting with the County sewer facilities including all utility easements necessary; e) 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 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 sewer facilities the Developer, his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also ,provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the sewer service billing for the project. f) Ail construction plans and technical specifications related to connections to the County's off-site sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. g) '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. h) The County will lease to the Developer for operation and maintenance the sewage collection and transmission.system for the sum of $10.00 per year, when such system is not connected to the off-site sewer facilities 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 the sewage collection, transmission and treatment facilities. The Lease, if required, shall remain in effect until the County can provide sewer service through its off-site facilities or until such time that bulk rate sewer service agreements are negotiated with the interim utility system serving the project. To: Ann McKim, Planning Department Page 4 August 14, 1986 B) Data required under County Ordinance No. 80-112 showing the avail-. 'ability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents fox' 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. C) The PUD document shall be revised to make reference to thi~ memorandum, by date, and specify the Petitioner's acceptance of the ztipulations contained herein. A revised copy of the PUD document and draft Ordinance for the rezonirg approval must be submitted to the Utilities Division for review amd approval prior to the Petition being. heard b~ the Board of County Commissioners. D) When the County has the ability to provide sewage treatmeut and disposal services, the Developer, his assigns or successors will be responsible to connect to these facilities at a point to be mutually agreed upon by the County and the Developer, with the Developer assuzLing all costs for the connection work to be performed. E) Construction and ownership of the sewer facilities, including any proposed interim sewage treatment facilities, shall be in compliance ~£th all Utilities Division standards, Policies, Ordinances, etc. in effect at the time construction approval is requested. ., F) Pursuant to the County Water an~ Sewer District Law, Section 153.86, Florida Statutes, the Petitioner shall apply to the Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District to obtain their consent for construction of the proposed sewer facilities to serve the project and approval of the construction documents. The Board of' Governors shall adopt a Resolution which approves ~he ~:onstruction and the proposed interim on-site or off-site sewer facilities until sewer facilities owned by the District are available to serve the project. TAD/sh ~ cc: Ale . Reynolds - Wilson, .Miller, Barton, Soll& Peek, Inc. Cypress _Glen EXHIBIT A 0 0 0 I 0 - 0 I 0 ~