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Ordinance 87-044I I CRDIN~HCE g?- ~ i AN ORDINANCE AMENDING ORDINANCE ~--15. wHIr. H ESTAB[ISHED THE VINEYARDS OF NAPI.ES PUD, AS oPEVIOUSLY PMENDED i]Y ORDINANCE U, 6-o3, BY AMENDING THE "PI.ANNING TEAM", AMI~NDINIj SECTIOr~ INTRODUCTION Ar. ID PURPOSE: AMENDING SECTION I.O~ fO ~ELE~E ~REVIOUS OWNERS FROM L.EGA~ DESCrIPtION; ~-IENDING SECTION l.O~, TITLE TO PllOPERTY: Ar~iNGING SECTION ~.03, COMPLIANCE YIlH APPLICABLE ORDINANCES; AMENDING SECTION ~.05, SIHZ PLAN APPROVAL; AMENDING lHE LAND USE SCHEDULE; ADDI~'IG A NEW SECT[ON 8.10, PERMITTED USES, GENERAL; ADDING A NEW SECTION ~.ll, SUBSECTIONS .~%'11.01 THROUGH ~.l;.O~, SIGNS; ADDING A NEW SECTION 3.03.8)3), TO ADD CMIJRCHES AS A PERH[TTED PRINCIPAL USE ~EQUI~ING SPECIFIC SITE PLAN APPROVAL; ADDING A r~EW SEr.TION ~.03.8)~) TO AOD CHUqCHES AS A PErMiTtED PRINCIPAL USE REOUIRIMG SPECIFIC SITE PLAN APPROVAL; ADDING A NEW SECTION ~.03.B)q), TO ADD REST HOMES AS A PERMITTED PRINCIPAL USE REQUIRING SPECIFIC SITE PLAN APPROVAL; AMENDING SECTION 5.01, PURPOSE; AMENDING SECTION 7.0I, PURPOSE: AMENDING SECTION 8.01, PURPOSE: AMENDING SECTION 9.08.C), IRANSPORiAIION TO SUBSTITUTE "VANDSRBILI BEACH ROAD" FOR "GOLDEN GATE BOULEYARD"; AMENDING SECTION 9.08.O), WATER MANAGEHENT; AMENDING SECTION 9.08.E), UTILITIES; AMENDING SECTION 9.08.FI, EXCEPTIONS TO COUNTY SUBDIVISION REGULAT[CNS; AMENDING SECTION ENV[ROrIMENTAL STIPULATIONS: AMENDING SECTION 9.08.H). MISCELLANEOUS; DELETING TABLE "A", TRACT USE DESIGNATIONS: DELETING MASTER PLAN EXHIBIT "A"; INSERTING REVISED MASTER PLAN EXHIBIT"A"; DELETING EXHIBIT "B", ROADWAY TYPICALS; INSERTING A NEW EXHIBIT "B" ROADWAY TYPICALS~ AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Wafaa A. Assaad, representing The Vineyards Development Corporation, petitioned the Board of County Comm:ssioners to amend the Planned Unit Development Document for The Vineyards of Naples, Collier County Ordinance Number 35-15, as amended by Ordinance Number 86-63; mnd WHEREAS. such changes have been reviewed and approved by appropriate County agencies, the Collier County Planning Commission, and the 8oard of County Commissioners. NOW, THEREFORE, BE IT ORDAINED EY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The Vineyards PUD Ordinance, Collier County Ordinance Number 85-15, as amended by Collier County Ordinance Number 86-63. is hereby amended as set torth in lhe PUD document attached hereto as Exhibit "A", and incorporated herein. SECTION T~O: This Ordinance shall become effective upon receipt o1 notice that it has been filed with the Secretary of State. APFROVOD".A~ FORM AND ......... rX~ll~T~I B. CUYLER ~ COUNTY AITOrNE¥ PLANNED UNIT DEVELOPMENT DOCUMENT FOR THE VINEYARDS OF NAPLES A PLANNED RESIDENTIAL COMMUNITY BY WAFAA F. ASSAAD, AoI.C.P. t Approved June 2, 1987 Exhibit "A" 154 THE VINEYARDS OF NAPLES PLANNING TEAM Land Planner, Coordinator & Project Manager Wafaa F. Assaad, A.I.C.P. 808 Oaks Blvd., South Naples, FL 33999 Consulting Engineers, & Land Surveyors Hole, Montes & Associates, Inc. 715 Tenth Street, South Naples, FL 33939 Legal Counsel Young, van Assenderp, Varnadoe & Benton, P.A. 801 Laurel Oak Drive Suite 300 Naples, FL 33963 155 INDEX STATEMENT OF COMPLIANCE & SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI .SECTION VII SECTION VIII SECTION IX PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT SINGLE-FAMILY RESIDENTIAL MULTI-FAMILY RESIDENTIAL VILLAGE SQUARE COMMERCIAL/MULTI-USE GOLF COURSE RECREATION AND OPEN SPACE/PARK GENERAL DEVELOPMENT COMMITMENTS PAGE i± 2-1 3-1 4-1 5-1 6-1 7-1 8-1 9-1 LIST OF EXHIBITS EXHIBIT A EXHIBIT B Master Development ?lan Street Right of Way and Road Cross Section 156 STATEMENT OF COMPLIANCE The development of approximately 1,925.4 acres O~"property in Section 1, Township 49 South, Range 25 East; and Sections 5, 6 and 8, Township 49 South, Range 26 East, Collier County, Florida, as a Planned Unit Development to be known as The Vineyards of Naples, will be in compliance with the planning goals and object- ives of Collier County as set forth in the Comprehensive Plan. The residential, commercial/multi-use development and associated recreational facilities of The Vineyards of Naples, will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential, commercial/multi-use development and associated recreational facilities of The Vineyards of Naples will be consistent with the growth policies, land development regulations and applicable Comprehensive Plan documents for the following reasons: 1) The subject property has the rating points required for adequate community facilities and services. 2) The project development is compatible and complimentary to the surrounding land uses. 3) 4) Improvements are planned to be in substantial compliance with applicable regulations. The pro~ect development will result in an efficient and economical extension of community facilities and serv- ices. 5) The project development is planned to incorporate natur- al systems and existing man-made systems for water management in accordance with their natural functions and capabilities. 6) Several arterial roadways are in existence or planned both through and adjacent to the property. 7) The proposed plan sets as a goal establishing reasonable flexibility for land usage thru build-out. 8) The project is located at a major system interstate use of [he 'Interchange 'Commercial' zone. SHORT TITLE This ordinance shall be known and cited as "The Vineyards of Naples PUD Ordinance." ii 157 1 .01 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION INTRODUCTION AND PURPOSE It is the intent of the Owner (hereinafter called "applicant" or "developer") to establish and develop a Planned Unit Development (PUD) on approximately 1,925.4 acres of property located in Collier County, Florida. It is generally bordered on the west by Airport Road and on the east by Golden Gate Estates. The northern boundary of the property is Vanderbilt Beach Road. The southern edge of the property is bounded by Pine Ridge Road. It is the purpose of this document to provide the required standards and to set forth guidelines for the future development of the property. 1.02 NAME - The PUD development shall be known as The Vineyards o-~aples. 1.03 LEGAL DESCRIPTION PARCEL A - - North half of the northeast quarter of Section 1, Township 49 South, Range 25 East, Collier County, Florida, also the North half of the Northwest Quarter of Section 1, Township 49 South, Range 25 East, Collier County, Florida, less and except the West 100 feet thereof. Containing 196.7 acres, more or less. PARCEL B & C - Beginning at a concrete monument found in July 1969 marking the West 1/4 corner of Section 6, Township 49 South, Range 26 East, Collier County, Florida; thence along the west line of said Section, North 02~03'30" West 3,171.50 feet to the Northwest corner of said Section 6; thence along the North line of said Section 6, South 89'35'4~" East said Section 6; thence along the East line of said Section 6, South 01'06'54" East 2,647.46 feet; thence North 89'35'47" West 1,285.27 feet; thence South 02'03'30".East 523.35 feet; thence South 00'52'50" East 137.19 feet; thence North 89'35'47" West 3,960.00 feet to the West line of Section 6; thence along the West line of said Section 6, North 00'52'50" West 137.03 feet to the 1-1 .04 PARCEL D PARCEL E place of beginning: being a part of Section 6, Township 49 South, Range 26..East, Collier County, Florida; less and except Interstate Highway 1-75 right-of-way parcel 111-R. (O.R. Book 907 Pages 631-635) Containing 358.3 acres more or less. - Section 5, Township 49 South, Range 26 East, Collier County, Florida. Containing 727.7 acres, more or less. - Section 8, Township 49 South, Range 26 East, Collier County, Florida less and except Interstate Highway 1-75 right-of-way Parcel 121. (O.R. Book 907 Pages 637-643). Containing 642.7 acres, more or less. TITLE TO PROPERTY Subject properties are currently under the unified control of The Vineyards Development Corporation. 1-2 2.01 2.02 2.03 2.04 2.05 SECTION II PURPOSE PROJECT DEVELOPMENT The purpose of this Section is to generally describe the plan of the development and delineate the general condi- tions that will apply to the project. GENERAL PLAN OF DEVELOPMENT The Vineyards of Naples is a planned community, which includes a mixture of residential and commercial uses, interchange commercial, civic and eductional sites, golf courses, open space/parks and preserve areas. COMPLIANCE WiTH APPLICABLE ORDINANCES The project is planned to be in substantial compliance with the applicable Collier County general zoning and subdivi- sion regulations as well as other Collier County develop- ment codes in effect at the time permits or plats are requested. LAND USE The Master-Development Plan (Exhibit A) shows proposed land uses of development for each parcel. Minor variations in acreages shall be permitted at final design to accommodate vegetation, encroachments, utilities, market conditions, and other hereto unforseen site conditions. SITE PLAN APPROVAL A) When site plan approval is desired or required by this document, applicant shall comply with section 10.5 of the Zoning Ordinance or successor regulations dealing with site development plan approval. B) In the case of cjustered buildings required property development regulations may be waived or reduced provided a site plan is apprcved under this section. C) A ~ee cons'istent 'with County Site Development Plan approval shall accompany the application. 2-1 2.06 D) If approval or denial is not issued wit.hin ten (10) working days, the submission shall be considered automatically approved. FRACTIONALIZATION OF TRACTS A) 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 Directo~ for approval, prior to the development of the tract by the developer or prior to the sale showing the tract and the number of units and/or the square footage assJgne~ to the property, as applicable. The drawing shall aiso show the location and size of access to those fractional parts that do not abut a public street. An updated Tract Plan showing the fractional parcel also shall be submitted. B) In the event any tract or building parcel is sold by any subsequent owner, as identified in Section 2.06(A) in fractional parts to other parties for development, the subsequent owner shall provide to the Zoning Director for approval prior to the development of the tract by the de'eloper-or prior to the sale to a subsequent owner of a fractional part, boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the number of untis and/or 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 do not abut a public street. An updated Tract Plan showing the fractional parcel also shall be submitted. c) The developer of any tract or building parcel must submit, prior to or at the same time of application for a building permit, a detailed site plan for his tract or parcel in conformance with the Zoning Ordinance require~:ents for site development plan approval. This plan shall be in compliance with any approved ;,~onc~ptu~i~'~e~lm~-~,~e~'-~-ms..~_~te~i~.wi~hi~n th,is ~ocu~ent. . D) 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 2-2 E) fractional parts to public or private roadways, common areas, or other means of ingress and agress. If approval or denial is not issued within ten (10) working days, the submission shall be considered automatically approved. LAND USE TYPE LAND USE SCHEDULE APPROXIMATE ACREAGE MAXIMUM NO. OF DWELLING UNITS RESIDENTIAL: R-I Residential Single-Family 558.4 R-2 Residential Multi-Family 386.4 COMMERCIAL (OFFICES/RETAIL/INTERCBANGE COMMERCIAL): 29.3 41 .8 27.0 4.5 443.3 261.0 101.0 34.9 24.8 2.5 8.4 -5.1 1,925.4 Acres CR Retail and office CIC Interchange Commercial EDUCATIONAL: E School Site CIVIC: VS Village Square RECREATION AND OPEN SPACE: GC Golf Course Water Management/Lakes Major Rights-of-Way Parks R - County Parks R Open Space/Cypress Heads MISCELLANEOUS: Water Tank Site Power Line Easement "151,1S, etc.) TOTAL 3,071 3,907 Maximum amount of square footage 460,000 6,978 Residential Dwelling Units 2-4 2.07 2.08 2.09 2.10 PROJECT DENSITY The total acreage of The Vineyards property is approximately 1,925.4 acres. The maximum number of dwelling units to be built on the total acreage is 6,978. The number of dwelling units per gross acre is approximately 3.62. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. PERMITTED VARIATIONS OF DWELLING UNITS Flexibility is to be allowed as to number of units on any parcel provided the maximum number of R-1 and R-2 are not exceeded. Provided, however, that the administrator may allow up to a ten percent (10%) variance in either R-1 or R-2, so long as the total does not exceed 6,978. EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said ease- ments and improvements shall be done in substantial compli- ance 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 compli- ance with applicable regulations in effect at the time approvals are requested. PERMITTED USES, GENERAL A) Churches and other places of worship including convents and monasteries; rest homes; homes for the aged and the like; developer's tree farms/landscaping nurseries; essential services; existing agricultural/farming interest and activities; model homes; sales centers; signs; temporary development/construction offices and other similar and compatible uses as may be approved by the Zoning Director; along with their accessory uses; shall be considered as permitted principal rises on all The Zoning Director may require site plan approval according to Section 2.05 for any of the above uses exc{pting essential services and Phase I of the development. 2-5 164 2.11 c) The developer's tree farm is intended as an interim use and shall be discontinued when ninety percent (90%) of the dwelling units have been constructed in the Vineyards PUD. Tree farm sales may on~ly be wholesale with the main intent being for on-site usage. In the case of churches and other places of worship the following development standards shall be followed: 1) Minimum site size: 2.0 acres 2) Front yard setbacK: 40 feet 3) Side yard setback: 25 feet 4) Side with setback: as determined through fractionalization 5) Rear yard setback: 30 feet or building h~. 6) Rear yard setbacks accessory: 10 feet 7) Maximum building height: 50 feet (excluding towers and the like). 8) Distance between building structures: one- half the building height. D) Development standards for other specific uses listed in section 2.10(A) of this document shall be similar ~o their comparables in the zoning ordinance unless in conflict with any specific provisions of this document. SIGNS 2.11.01 GENERAL a) Ail County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this section. b) For the purchase of this PUD Document/Ordinance, each fractionalized parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. c) Should any of the signs be requested to be placed within the public right-of-way, a "a~pprove6. ~ d) All signs shall be located so as not to cause sight distance problems. 2-6 2.11.02 2.11.03 A) ENTRANCE SIGNS a) Two (2) signs with a maximum a~a of 100 square feet each or one (1) sign with a maximum area of 160 square feet shall be permitted at each entrance as shown on the Master Development Plan. b) Entrance signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site. c) Entrance signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or into adjacent residences. PROJECT SIGNS Project signs, limited to the name, logo and symbols of the Vineyards, and may not include any information of an advertising nature, such as units, prices, specific uses, ...etc., shall be permitted along the East and West sides of 1-75, the South side of Vanderbi?t Beach Road, the north side of Pine Ridge Road, the East side of Airport-Pulling Road, the East and West sides of Livingston Road Extention, on all land tracts within The Vineyards limits subject to the following conditions. 1) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed two hundred (200) square feet. 2) A maximum of five (5) project signs shall be permitted along 1-75 frontage. The location of such signs along 1-75 frontage shall generally be limited to a one-half mile spacing requirement unless existing vegetation requires a somewhat closer spacing. 3) Pro.ject sigos may be lighted provided all lights glare into the vision of drivers using the adjacent streets or into adjacent residences. 2-7 2.11.04 COMPARABLE TABLE a) In order to determine which zo.n, ing district of the County Sign Regulations is most comparable to the land use classifications set forth in The Vineyards of Naples PUD Document, the following comparable table shall be used as a guide. In instances where comparability is not possible from the use of this table, the final interpretation shall be made by the Zoning Director or his designee. 2-8 027 167 VINEYARDS LAND USE CLASSIFIC~TION COMPARABLE CLASSIFICATION IN CURRENT ZONING ORDINANCE (ORDINANCE 82'2 EXCEPT AS SPECIFIED OTHERWISE IN THIS S~CTION. -R-1 Residential Single-Family and -R-2 Residential Multi-Family -CR Commercial-Retail and Office -CIC Commercial-Interchange Commercial -VS GC R Village Square, Golf Couise, Parks, public o~ private, play grounds, play fields and commonly owned open space, etc. -Miscellaneous Uses such as water management/lakes, major rights-of-way, water tank site, powerline easements, public service ~fire stations, EMS, etc.), schools, . . . etc. - Other As per Single-Family and/or Multi- Family districts. As per C-2 district for automobile service stations and C-4 district for all other uses. As per C-2 district for autov mobile service stations, RT district for hotels and C-4 district for other uses. As per RO district or as pe~ other districts allowing com- parable uses. As per exemptions of the sign regulations As may be approved by the Zoning Di£ector or his designee. 2-9 SECTION III 3.01 PURPOSE SINGLE-FAMILY RESIDENTIAL The purpose of this Section is to set forth the regulations for the areas designated as Single-Family Residential. 3.02 MAXIMUM DWELLING UNITS A maximum number of 3,071 dwelling units may be constructed in.all of the Single-Family Re3idential Parcels except as permitted by Section 2.08. 3.03 PERMITTED USES AND STRUCTURES No building or structure, o~ part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: ~' A) Permitted Principal Uses and Structures Single Family detached type dwelling structures. 2) Public and private parks, playgrounds, playfields and commonly owned open space. B) Permitted Principal Uses and Structq{es Requirin~ Specific Site Approval Accordin$ to Section 2.05 1) Single Family attached type dwelling structures (villas, cjuster and group housing, townhouses, patio homes, zero lot-line units, and other similar single family attached or semi-attached dwellings). 2) Recreational structures, community buildings, utility structures. c) Permitted Accessory Uses and Structures 1) Customary accessory uses and structures, including but not limited to private garages aad private swimming 2), Model homes shall be permitted in conjunction with the promotion of the development. 3-1 3.04 3.05 PROPERTY DEVELOPMENT REGULATIONS FOR PERMITTED USES (Section 3.03A) 3.04.01 GENERAL: All yards, set-backs, etc., shall' be applied in relation to the individual lot boundaries. 3.04.02 MINIMUM LOT AREA AND DIMENSIONS: Area: Frontage: 10,000 Square Feet 80 Feet Interior Lots 95 Feet Corner Lots 80 Feet Cul-de-sac and odd shaped lots (measured at the front yard setback line). 3.04.03 MINIMUM SETBACKS: Front: Side: Rear: 25 Feet ?.5 Feet One Story 10 Feet Two Story 25 Feet 3.04.04 MAXIMUM BUILDING HEIGHT: P[incipal Structuces: 2 Living stories plus roof structure over parking Accessory Structures: 20 Feet 3.04.05 MINIMUM FLOOR AREA: a. 1,000 sQ. ft. PROPERTY DEVELOPMENT REGULATIONS FOR PERMITTED USES REQUIRING PLAN APPROVAL (Section 3.03B) 3.05.01 GENERAL: All yards, setbacks, etc. shall be applied in relation to parcel boundaries. 3.05.02 MINIMUM PARCEL AREA & DIMENSIONS ~ection '2.0~. 3-2 ,oo {]27 3.06 3.05.03 MINIMUM LOT AREA & DIMENSIONS Area: Minimum Parcel Dimension Along Any Primary Side~ 1,500..Square Feet 50 Feet 3.05.04 MINIMUM SETBACKS To Principal Uses along any Public Roadway Right-of-Way: 25 Feet To Principal Uses Adjacent Development Parcels 10 Feet To Principal Uses Open Space or Recreational Areas: 10 Feet To Accessory Uses, Typical: 5 Feet To Fencing, Screening and Privacy Wall not exceeding 7' high: None To Preserve A£eas: 30 Feet 3.05.05 MAXIMUM BUILDING HEIGHT: Principal Structures: 2 Living stories plus roof structure over parking A~cessory Structures: 3.05.06 ~£NIMUM FLOOR AREA: 2O 650 Square Feet OFF-STREET PARKING Those principal use structures which are identified in Section 3.03A shall contain a minimum of two (2) spaces per dwelling unit. The Administrator may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. 3-3 027 171 4.01 4.02 4.03 SECTION IV MULTI-FAMILY RESIDENTIAL PURPOSE The purpose of this Section is to set forth the regulations for the areas designate.~ as Multi-Family Residential. MAXIMUM DWELLING'UNITS A ~aximum number of 3,907 dwelling units may be constructed in all of the Multi-Family Residential parcels except as permitted by Section 2.08. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erect- ed, altered, or t'sed, or land or water used, in whole or in part, for other than the following: A) Permitted Principal Uses and Structures Multi-family dwellings, which is defined as any single structure containing two (2) or mo.'e separate dwelling units.- B) Permitted Principal Uses and Structures Requiring ,Specific Site Plan Approval According to Section 2.05 I) Ail permitted principal uses and structures allowed by Section 3.03B of this document. 2) Any permitted structure exceeding the maximum building height allowed by Section 4.04.04 of this document but not exceeding ten (10) habitable/living stories above parking. C) Permitted Accessory Uses and Structures Ail permitted accessory uses and structures allowed by .Sec~f(~ ,3~03C~f.~hi~.~oc~ment~J£n,~ac, c~,~da.nce-with 4-1 4.04 4.05 PROPERTY DEVELOPMENT REGULATIONS 4.04.01 4.04.02 General: Ail yards, set-backs, etc., shall be applied in relation to the individual parcel boundaries. A) MINIMUM PARCEL AREA AND DIMENSIONS: Area: 1 acre Frontage: 150 Feet B) MINIMUM LOT SIZE None 4.04.03 MINIMUM SETBACKS TO PARCEL BOUNDARIES: One-half of principal building height with a minimum of: Front: 30 Feet Side: 15 Feet Rear: 30 Feet 4.04.04 M~XIMUM BUILDING HEIGHT: Six (6) habitable/living stories above parking unless otherwise approved under Section 4.03B2 except that a 35 foot height limit shall apply to all perimeter tracts. 4.04.05 MINIMUM FLOOR AREA: 750 Square Feet OFF-STREET PARKING Those principal use structures which are identified in Section 4.03A shall contain a minimum of two (2) parking spaces per dwelling unit. The Administrator may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use. However, those .unpa~e~ sf~ace~ ~ha~l be grassed and reserved for future 4-2 SECTION V VILLAGE SQUARE 5.01 5.02 PURPOSE The purpose of this section is to set forth the regulations for the area designated as Village Square. PERMITTED USES AND STRUCTURES No'building or structure or part thereof shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A) Principal Uses Requiring Specific Site Plan Approval It is the intent of the Developer to establish this area as the "Towne Center" of The Vineyards Project. The Village Square is envisioned to be the gathering place for events of special social, political, recrea- tional, cultural and civic activities. This area is clearly a mixed-use area in concept and will permit and allow uses and civic service structures and facilities such as-fire stations, libraries, post offices, police stations, museums, theaters, etc.; recreational facili- ties such as parks, playgrounds, bandstands, nature areas, athletic fields and courts. In addition, any other uses not mentioned herein but consistent with the intent of the Village Square, may be allowed as set forth herein. B) Criteria for Approval No use or structure shall be erected, altered, or used, or land or water used, in whole or in part, without specific site plan approval in accordance with Section 2.05. The following criteria shall also be considered as part of the site development approval process: Compatability of the proposed use to other uses wiEh o'ther existing or permitted uses in the immed- iate surrounding areas. 2) Compatibility with common architectural theme for the Village Square. 5-1 5.03 c) 3) Appropriate parking, setbacks, lighting, landscap- ing and site coverage in accordance with the pro- posed use and its relationship and effect on sur- rounding land uses. Permitted Accessory Uses and Structures 1) Caretaker's residence. 2) Accessory uses and structures customarily associated with the uses permitted in this section, including but not limited to, garages, recreational structures, utility structures and water management facilities. PROPERTY DEVELOPMENT REGULATIONS 5.03.01 GENERAL: All yards, setbacks, etc., shall be applied in relation to the individual parcel boundaries. 5.03.02 MINIMUM LOT AREA AND DIMENSIONS: As determined by fractionalization, unless the site is developed as one parcel, in which case site development plan approval is required in accordance with Section 2.05. 5.03.03 MINIMUM SETBACKS: Minimum ~etbacks shall be as required in the appropriate section hereof or in the zoning code for the use most closely resembled by the proposed use in this district. 5.03.04 MAXIMUM HEIGHT OF STRUCTURES: Village Square 45 Feet 5-2 SECTION VI COMMERCIAL (RETAIL AND INTERCHANGE COMMERCIAL) 6.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated as Commercial. 6.02 PERMITTED USES AND STRUCTURES No 'building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: 6.02.01 Retail These areas are to provide an interNediate or middle level of goods and services. This may include community-type shopping areas, as well as convenience/neighborhood goods, along with professional office space. These areas are designed to serve the motoring public, but basically cater to residents of The Vineyards. A) Permitted Principal Uses and Structures 1) Antique shops; appliance stores; art studio and supply shops; automobile parts stores; automobile service stations without repairs. 2) Banks and financial institutions; barber and beauty shops; blueprint shops; book stores; bicycle sales and service; book binders; business machine services. 3) Carpet and floor covering sales, including storage and installation; churches and other places of worship; clothing stores; commercial rec[eation uses -- indoor; commercial schools; confectionary and candy stores; cocktail lounges; child-care facilities. ~..~ .~)e[icet~e~sens.~,,]epar~-ment.~.to.res; d.rug stores; dry cl.~ani~g shops~ "dT~, ::~{~d ~t~D~,es~ :.dr. epe-r5' ~/~ops. 5) Educational facilities; electrical supply stores. 6-1 178 6) Fish markets -- retail only; florist shops; food markets; fraternal and social clubs; funeral homes; furniture stores; furrier shops. 7) Garden supply stores -- outside display, in side and rear yards; gift shops; glass and mirror sales; gourmet shops. 8) Hardware stores; health food stores; hospital and hospices. 9) Interior decorating showrooms. 10) Ice cre,%m stores; ice sales. 11) Jewelry stores. 12) Laundry -- self service only leather goods; legiti- mate theaters; liquor stores; locksmith. 13) Markets -- food; markets -- meat; millinery shops; motion picture theaters; museums; music stores; medical offices and clinics. 14) Offices - general; office supply stores. 15) Paiht and wallpaper stores; pet shops; pet supply houses; photographic equipment stores; pottery stores; printing, publishing and mimeographic serv- ices; private clubs; professional offices. 16) Research and design labs; radio and television sales and services; rest homes; restaurants -- including drive-in and fast food restaurants. 17) Stationery stores; sporting goods stores; super-- markets; shoe repair. 18) Tailor shops; taxidermists; tile sales; toy stores; tropical fish stores. 19) Research and design labs. nels. 21) Any other use which is compatible in nature with the foregoing uses and which the Administrator determines to be compatible in the district. 6-2 B) Permitted Principal Uses and Structures Requiring c) Specific Site Plan Approval 1) Heliports. Heliports shall meet all F.A.A. Regu- lations and are subject to all governmental laws and standards. 2) Permitted uses with less than 1,000 square feet of gross floor area in the principal structure. 3) Car wash; commercial recreation -- outdoor. 4) Shopping centers. Permitted Accessory Uses and Structures 1) Accessory uses and structures customarilY associ- ated with the uses permitted in this section. 2) Caretaker's residence, subject to rights of Zoning Ordinance in effect at the time. 6.02.02 INTERCHANGE COMMERCIAL Collier County is a unique community and the land uses sur- rounding the interstate should reflect this. These uses should exemplify the quality of life which Collier County residents have come to enjoy and expect. The intent of these arecs is to satisfy the needs of the traveling pub- lic, being those persons using the interstate and this iht ~hange and not just interstate travelers. Recognizing this ~nterchange as a terminus for some travelers on the interstate and the unique nature of Collier County, inter- pretations of compatible uses in these areas shall be liberal in an attempt to effectuate the purposes set forth for the benefit of Collier County and the traveling pub- lic. A) Permitted Principal Uses and Structures 1) Banks and financial institutions. ~,; --'./2nmme£c:ia! recrmatio, n ---~iadoors. 3) Food markets. 4) Offices -- general and professional. 5) Motels and hotels. 6-3 6) Restaurants and food service, including drive-in or fast food restaurants. ~ 7) Automobile service stations with repairs; vehicle rentals. 8) Any other use which the Administrator determines to be compatible in the district. 9) Car wash. B) Permitted Accessory Uses and Structures 1) Accessory uses and structures customarily associ- ated with the uses permitted in this section. 2) Caretaker's residence, subject to rights of Zoning Ordinance in effect at the time. 6.03 PROPERTY DEVELOPMENT REGULATIONS 6.03.01 FRACTIONALIZATION Pti to fractionalization or development of any commercial' tract, a g~neral site plan shall be approved as follows: A writter, request for site plan approval shall be submitted to the Administrator for approval or denial. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the intent and purpose of this document. Such material shall include the following, where applicable: Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, offstreet parking and off- street loading areas, yards and other open spaces. B) Plans showing proposed locations for utilities hook-up. D) Plans for proposed signs and lighting. E) In the case of cjustered buildings and/or zero lot line with common architectural theme, required property development regulations may be waived or 6-4 reduced provided a site plan is approved under this section. F) If approval or denial is not issued within ten (10) working days of submission, the submission shall be considered automatically approved. 6.03.02 GENERAL: All yards, setbacks, etc., shall be applied in relation to the individual parcel boundaries. 6.03.03 MINIMUM SETBACKS FROM PARCEL BOUNDARIES: One-half of principal building height with a minimum of: 25 feet plus 1 foot for each 2 feet of building height over 50 feet. Distance between any two (2i principal structures - Ten (10) feet or 1/2 the sum of their heights, whichever is greater, except that in the case of cjustered buildings with a common architectural theme these distances may be less provided that a site plan is approved in accordance with Section 2.05. PrSncipal commercial buildings shall be setback a minimum of fifty (50) feet from abutting residen- tial district. The setback shall include a minimum of a 25 foot landscaped buffer as approved by the Administrator. 6.03.04 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: One thousand (1,000) square feet per building on ground floor. 6.03.05 MAXIMUM HEIGHT OF STRUCTURES: Office 100 Feet Retail 45 Feet Interchange Commercial 35 Feet As may be permitted or required by the applicable zoning regulations. 6-5 6.03.07 SPECIAL PROPERTY DEVELOPMENT REGULATIONS: A) Landscaping, buffer areas and supp%ementary district zoning regulations that may be applicable to certain uses above shall be adhered to unless in conflict with any of the intent or the provisions specified herein. B) Merchandise storage and display. Unless specific- ally permitted for a given use, outside storage or display of merchandise is prohibited. C) Open space requirements will be as contained in the Zoning Ordinance in effect at the time. 6.03.08 MINIMUM LANDSCAPE REQUIREMENTS: The project shall comply with the Collier County Landscape ordinance in effect at the time a permit is requested or required. 6.03.09 Commercial development shall not exceed 460,000 square feet of commercial space. 6-6 SECTION VII GOLF COURSE 7.01 7.02 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated as Golf Course. PERMITTED USES AND STRUCTURES No'building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A) Permitted Principal Uses and Structures Golf Course B) Permitted Accessory Uses and Structures Clubhouses, pro shop, practice driving range and other customary accessory uses of golf courses, or other recreational facilities. 2) Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course or other permitted recreational facilities, subject to the provisions of the applicable supplementary regulations of the Zoning Ordinance. 3) Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. 4) Roads, pathways, accessory uses and structures customarily associated with the permitted use, including.but not limited to utility .structures, 5) A maximum of two (2) residential units in conjunction with the operation of the golf course as determined to be compatible with the adjacent zoning as determined by the Administrator. 7-1 7.03 c) Plan Approval Requirements A site plan of the golf course and its related facilities shall be submitted in accordance with Section 2.05 of this document. The perimeter boundaries of such plans shall be recorded in the same manner as a subdivision plat either before or after construction. PROPERTY DEVELOPMENT REGULATIONS 7.03.01 General Requirements: Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. n) Buildings shall be set back a minimum of fifty (50) feet from abutting.residential districts and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. No parking will be allowed in the buffer. 7.03.02 Maximum Height of Structures Three (3) stories over parking. 7-2 8.01 8.02 SECTION VIII RECREATION AND OPEN SPACE/PARK PURPOSE The purpose of this Section is to set forth the regulations for the areas designated as Recreation and. Qpen. Space/Park as well as areas not otherwise covered. PERMITTED USES AND STRUCTURES No-building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A) Permitted Principal Uses and Structures Parks, playgrounds and game.courts and fields. 2)Biking, hiking, canoeing and nature trails. 3)Equestrian paths. 4)Nature preserves and wildlife sanctuaries. 5)Outdoor bandstands and amphitheatres. 6)Recreational shelters and restroom facilities. 7) Roads, pathways, accessory uses and structures customarily associated with the permitted use, including but not limited to utility structures, lakes, water management facilities, etc. Wildlife Management. 9)Landscape nurseries and tree farms. 10) Other compatible uses pursuant to 8.02(c). 11) Educational facilities and schools. ~.ccessory uses and structures customarily a. ssociated with principal uses permitted in this District. 8-1 2) Maintenance and storage areas and structures. C) Site Plan Approval Requirement Site plans for the proposed uses which are deemed compatible with above uses by Administrator and not permitted as principal uses shall be submitted to the Director in accordance with Section 2.05. 8.03 PROPERTY DEVELOPMENT CRITERIA A) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. Principal structures shall be set back a minimum of fifty (50) feet from abutting residential districts and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. No parking shall be allowed in the setback area. 8-2 027 185 9.01 9.02 SECTION IX GENERAL DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the standards for development of the project. DEVELOPMES~ COMMITMENTS A)' Energy 1) Construction shall comply with applicable local and state energy codes. 2) Reasonable "good faith" efforts to utilize state- of-the-art energy conservation techniques shall be made where practically and economically feasible. Such techniques may include, but not be limite] to the following: a) structure orientation and features for passive solar d, sign b) £roof overhangs and other artificial shading device~ c) trees, shrubs and other vegetation for natural shading of structures, parking lots, streets and other areas d) natural ventilation e) site design and landscaping utilizing native vegetation 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and .~e.l£are). B) Air Quality The developer shall comply with applicable codes and apply for required permits relative to air quality. 9-1 C) Transportation The internal roadway system of the proposed project including any needed signals and other intersection improvements shall be constructed by the deve].oper. 2) There will be sidewalks, walking paths and bicycle trails throughout the development. They will be located along all major roadways. Although they are not required to be located on the side of all minor and secondary roads, they will serve all res- idential and common areas. The sidewalks, walking paths and bicycle trails shall be addressed in a site plan review at the time of tract fractionali- zation. Bike paths will be separate from sidewalks along all major roadways. Bike paths shall meet the specifications and requirements of the subdivi- sion regulations in effect .at the time of develop- ment. 3) Developer shall be required to provide intersection improvements at project access points to County arterial and collector roadways. The improvements are to include signalization as warranted, turn lanes, arterial level street lighting, and other improvements deemed necessary by Collier County. 4) Deqeloper-shall provide a fair-share contribution toward the capital cost of traffic signals at the intersection of Airport Road and Vanderbilt Beach Road when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. 5) Developer shall cause to be provided arterial level street lighting at all project accesses along perimeter roadways, or shall annually reimburse the County fo~ doing so. 6) 7) Developer shall improve at the time of connection with the internal road system, 4th Avenue SW and 5. th Avenue NW between the project boundary and Logan Boulevard to County standards as set forth in Developer shall provide a right-of-way of 150 feet for the portion of Livingston Road within the pro- 9-2 8) 9) ject and a right-of-way of 75 feet for the portion abutting the project. Developer shall pay'its fair share towards the improvements on the following roadways: a) Vanderbilt Beach Road from US-41 to Airport Road; b) Vanderbilt Beach Road from Airport Road to Isle of Capri Road; Airport Road from Immokalee Road to Pine Ridge Road; Livingston Road from Immokalee Road to Pine Ridge Road; Oaks Boulevard or Logan. Boulevard from Immokalee Road to Vanderbilt Beach Road (see note below; Logan Boulevard from Vanderbilt Beach Road to Green Boulevard; Isle of Capri Road (S.R. 951) from Inm~kalee Road to Green Boulevard; Pine Ridge Road from 1-75 to Isle of Capri Road; Pine Ridge Road from U.S. 41 to Go¢~dlette-Frank Road; j) Immokalee Road from U.S. 41 to S.R. 951. Note: The obligation is to share in the cost of improving either Oaks Boulevard or Logan Boulevard (but not both) depending upon which roadway is later determined to become a major collector. The Developer shall also pay its fair share towards the improvements to the following intersections, to a) Pine Ridge and Airport Road; b) Immokalee Road and Oaks Boulevard; 9-3 D) C) Immokalee Road and Airport Road; Pine Ridge Road and U.S. 41; Pine Ridge Road and Livingston Road; f) Immokalee Road and Livingston Road. The Developer's fair share shall be determined by the percentage of level of service "c" of the improved segment contributed by the Vineyards project, based upon actual traffic counts at the time level of service "c" is exceeded. 10) In the event an impact fee is adopted by Collier County, this fee may be substituted for the "fair share" specified. Payments previously made by the Developer shall be credited toward the impact fee. water Management Detailed site drainage plans shall be submitted to the Water Management Advisory Board for review on a phase by phase basis, as outlined in the DRI. No construction permits shall be issued unless and until approval of the proposed construction in acdordance with the submitted plans is granted by the Water Management Advisory Board. 2) Excavation permits will be required for the proposed lakes in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and as may be amended in the future. 3) Developer shall be responsible for the following along its entire Airport Road (CR 31) frontage in coordination with proposed Airport Road improvement plans: a) Construct necessary improvements to the borrow canal along the east side of Airport Road. Such construction to occur when the portion of the Vineyards adjacent to Airport Road is c~s~ructe~Tr~~ct.i~w!%b~?t~he~jacent Airport Road improvement project -- whichever occurs first. 9-4 4) b) Preparation of necessary additional easements along the east side of the improved borrow canal to allow for construction of a travelway for use by the County's maintenance equipment. Such easement to be 20' wide and restricted against permanent structures; use of the easement for activities that will not interfere with occasional County maintenance will be allowed. c) Installation of properly sized culverts at proposed entrance road locations placed on the relocated canal centerline, at such time as driveways are installed. As part of the project's Phased development the Developer shall cooperate with the County's Water Management Department in.implementing the recommendations of the "D-2 Canal Drainage System Study" dated September, 1984, as follows: a) Improvements to the D-2 Canal including water level control structures along and parallel to 1-75 from Pine Ridge Road north to the proposed Vanderbilt Beach Road: 1) Performing necessary field surveys anJ preparing detailed construction plans and specifications for use in the construction of the proposed canal improvements and water level control structures. 2) Providing County Staff with necessary legal descriptions for additional maintenance travelway easement, where necessary, along the east side of the improved D-2 Canal. Such easement to be 20' wide and restricted against permanent structures [excluding wells] -- use of the easement for activities that will not interfere with occasional County maintenance will be allowed. Easements to be ,~s~bm/tted-~wi~hi~ ~thr, ee .~onths'of ~County 3) Submittal of necessary permits to appropriate agencies for the proposed canal improvements. Such applications to be 9-5 027 190 5) submitted upon completion of the work set forth in 4(a)(2). 4) Preparation of an agreement between Developer and County to obligate Developer for 100% of the total construction cost of the proposed canal improvements and water level control structures or to construct the referenced improvements and control structure. 5) Performing necessary field layout surveys during the construction phase of the proposed improvement projects and other assistance to County Staff as required by the County in its inspection of the proposed canal improvements and water level control structures. 6) The work specified in 4(a) (1-5) hereof shall be phased in conjunction with the Developer's phasing of its project. The south one mile of the D-2 Canal (Pine Ridge Road to one mile north) shall be constructed in conjunction with the Project's Phase I. The remainder of the D-2 Canal improvements shall be constructed during that Phase of the project's development abutting the north Section of the D-2 Canal (Vanderbilt Beach Road to Phase I work). The Water level control structure is to be located immediately north of the Pine Ridge intersection with the D-2 Canal. Structure design shall be initiated by July 1, 1987, with structure construction to follow immediately upon receiving all necessary permits, the anticipated completion date is April, 1988. The developer further agrees to cooperate with the County regarding water management as follows: a) Construct or reconstruct off-site drainage swale along entire east boundary as may be necessary to Estates area ~rom any ~looding impacts that,may be caused by this project. 9-6 6) E) b) The Public Works Department reauested that the Developer dedicate a 30 foot wide drainage easement along the north project property line (a/k/a south right-of-way line and section line of Vanderbilt Beach Road) between Airport-Pulling Road and 1-75 to help provide drainage design requirements. As depicted on the Master Development Plan, lakes and natural retention areas have been sited adjacent to roadways. The goals of this are to achieve an overall ae~'thetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water man;]gement network. Accordingly, the setback requirements described in Ordinance 80-26, Section SA, or any ame'adments thereto, may be reduced with the approval of the County Engineer. Fill material from lakes is planned to be utilized within the project, however, excess fill material may be utilized off-site. Administrative approval from the County Engineer and the Planr~ing-Zoning Director shall be required to assure no negative impacts on surrounding residential properties and on impacted roads. Mitigation measures may be required if deemed appropriate and necessary by the County Engineer and/or Planr~ing/Zoning Director. Utilities 1) The development shall be in substantial compliance with applicable laws and ordinances governing utility provisions and facilities. 2) Telephone, power and television cable service shall be made available to the site. 3) Water: a) A central water distribution and system will be constructed throughout the project development by the Developer or his assigns pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted ~:[~ts~.f-w~'~r.~i.~-hic~t~lity easements required by ownership, operation and maintenance purposes. 'All water facilities constructed on private property and not required by the County to be located within 9-7 b) c) d) e) '~tility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water facilities within the proje'ct the facilities will be tested to insure they meet Collier County's minimum requirements and they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations. A~i construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. All customers connecting to the water distribution 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 service to the project, the water customers shall be customers of the interim utility established to serve the project until the County's central water facilities are available to serve the project. For interim utility systems, rates shall be as approved by the Florida Public Service .~ystem. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand generated by this project. Should the County system not be in a position to supply potable water to the project at the time development commences, the Developer, or an interim utility system, at his or its expense, will install and operate interim water supply and on-site treatment facilities adeauate to meet all requirements of the appropriate regulatory agencies. An Agreement shall be entered into between the County and the Owner, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: i) The proposed water supply and on-s~te treatment 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 9-8 Federal standards and are to be owned, operated and maintained by the Owner, his assigns or successors or a Public Service Commission approved utility company until such~time as the County's Central Water Facilities are available to service the project. The Florida Public Service Commission shall set the rates for providing processed water to the project area on such interim basis until the County's central water facilities are available to serve the project. ii) Upon connection to the County's Central Water Facilities, the Owner, his assigns or successors shall abandon, dismantle and remove from the site the interim water 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. iii)Connection to the County's Central Water Facilities will be made by the Owners, their assigns or successors at no cost to the County. Upon written notification that the County's water facilities are available for connection, the Developer, his assigns or successors shall submit construction documents regarding the connection to the Utilities Qivision within ninety (90) days and, shall subsequently complete construction and activation of those facilities no later than one hundred eighty (180) days after the approval of construction drawings. The cost of connection shall include, but not be limited to, all engineerin~ design and preparation of construction documents, permitting, interconnection with County central facilities, and water lines necessary to make the connection(s), etc. iv) At the time the County's central water facilities ar~ available for the project to connect with, the foilowing water facilities shall be conveyed to ~he~Connt~u.~aant~t~appr~p~iate~County a) Ail water facilities constructed in publicly owned rights-of-way or within utility easements 9-9 required by the County required to make connection with the County's central water facilities; or b) Ail water facilities required to connect tke project to the County's central water facilities when the onsite water 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: i) Water distribution facilities from the point of ccnnection with the County's central facilities to the master water meter serving the project, including all utility easements necessary. v) The customers served on an interim basis by the utility system constructed by the Owners shall be customers of the County at the time when County central water facilities are available to serve the project and such connection is made. Prior to connection of the project to the County's central water facilities the Owner, 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 Owners shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water service billing for the project. vi) All construction plans and technical specifica- tions related to connections to the County's Central Water facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. vii)The Owners, their assigns or successors shall agree to pay all applicable system development cb%rges for water at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at shall be made known to a~ prospective'buyers of properties for which b~ilding permits will be 9-10 required prior to the start of building construction. viii) The County, at its option, may lease for operation and maintenance the water distribution system to uhe project owner or his assigns for the sum of $10.00 per year. 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. The lease, if required, shall remain in effect until the County can provide water service through its central facilities or until such time that bulk rate water service agreements are negotiated with the interim utility system serving the project. f) In lieu of the provisions of Paragraph E.3.e), the County and the Developer and/o~ a utility company formed to serve The Vineyards may enter into an agreement regarding the provision of water services to the project on an interim basis. g) If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply -average and peak day domestic demand. In addition, -fire flow demand will be available at a rate approved by the appropriate Fire Control District serve the project area through the interim on-site water supply or other source as approved by the appropriate Fire Control District. h) When the County has the ability to provide water supply and distribution services, the Vineyards will be responsible to connect to these facilities at a point to be mutually agreed upon by the County and the Vineyards owner, with the Vineyards assuming all costs for the connection work to be performed. ~) A water storage tank and repump site shall be provided by the Owner on-site of a size and location to be mutually agreeable to the County and the Vineyard's reqUire~ tO'install ~ water st'orage'~ta~k ~on-s'i~te if County water facilities are not available at the time developmeDt commences, and the Developer elects to install an interim on-site water facility. Should the 9-11 j) 4) a) County desire to oversize these facilities, in anticipation of future demands and growth when the County's water facilities are available to serve the project, the County shall negotiate a satisfactory method of reimbursement to the Developer for such oversizing. As an alternative to Paragraph 13 hereof, Developer and County may agree on a payment in lieu of the storage tank and repump site, providing County agrees to provide written assurance of adequate water supply and pressure to serve the project to build-out. 1) Ail interim wells constructed shall be abandoned as required by applicable County and State requirements after the permanent water facilities are constructed and connected to. Sewase: A c~ntral sewage collection and transmission systems will be constructed throughout the project development by the Developer, his assigns, or a Public Service Commission approved utility company pursuant to all current requirements of Collier County and the State -of Florida. Upon completion of construction of the sewer facilities within the project the facilities will be tested to insure they meet Collier County's minimum requirements. Septic tanks shall be permitted by the County in certain relatively isolated and small uses and areas such as but not limited to rest stations within the Golf Course, which shall be abandoned and connected to permanent sewer facilities as and when required by state law or county ordinance~ All interim septic tanks constructed shall be abandoned as reauired by applicable County and State requirements after the permanent sewer facilities are constructed and connected to. .Ail coastruction plans and technical specifications sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 9-12 c) d) The County Utilities Division is not currently in a position to receive and treat the sewage generated by this project. It is anticipated~ that it will be approximately ten (10) years before the County Utilities Division is in a position to receive and process sewage from this project. In the interim, the Developer or an interim utility company, at his or its expense, will install and operate interim on-site sewage treatment and disposal facilities adequate to ]neet the requirements of the appropriate regulatory agencies. An Agreement shall be entered into between the County and the Owner, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: i) The proposed on-site wastewater treatment and disposal facilities 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 Owner, his assigns or successors or a Public Service Commission approved utility company until such time as the County's Central Sewer Facilities are available to service - the project. The Florida Public Service Commission shall set the rates for providing sewage treatment to the project area on such interim basis until the project is connected to the County's central sewer facilities. ii) Upon connection to the County's Central Sewer Facilities, the Owner, his assigns cr 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. iii) Connection to the County's Central Sewer Facilities will be made by the Owners, their assigns or successors at no cost to the County. Upon written notification that the sewer '~'.~uDi~i~iez ..'~ra...,~.vai=]abl.e ~o.r ;~r~nnec~ion, the Developer, his assigns or successors shall submit construction documents regarding the connection to the Utilities Division. 9-13 within ninety (90) days and, shall subsequently complete construction and activation of those facilities no later than one hundred eighty (180) days after approval of construction drawings. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County central facilities, and sewer lines necessary to make the connection(s), etc. The Vineyards will be responsible to connect to these County facilities at a point to be mutually agreed upon by the County and The Vineyards owner, with The Vineyards assuming all costs for the connection work to be performed. iv) Ail sewer facilities constructed within platted rights of way or withi~ utility easements or otherwise required by appropriate County Ordinances or Regulations to dedicated or conveyed and transferred to the County will be so dedicated, conveyed or transferred by documents acceptable to the County Attorney, which documents shall be held in escrow during the term of this Agreement, but shall be effective to vest in ~the County full ownership of facilities when the County Central Sewer facilities are available to serve the project. From and after connection to the County Sewer Facilities, any further sewer facilities constructed on the Project shall be dedicated to the County pursuant to appropriate County ordinances and regulations in effect at the time conveyance or transfer is required, prior to being placed into service. v) At the time of connection of the Project to the County's central sewer facilities any of the following sewer facilities which have not previously been conveyed to the County by escrowed conveyances shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: Ali sewer'faci'iftie5 Co'nstT~Ct~ .'in'~ublicly owned rights-of-way or within utility easements required by the County within the project limits and those additional facilities 9-14 required to make connection with the County's central sewer facilities; or 2) Ail sewer facilities required to connect the project to the County's central 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 main sewage lift station and force main interconnecting with the County central facilities including all utility easements necessary. vi) The customers served on an interim basis by the utility system constructed by the Owners shall be customers of the County at the time provided for in said Agreement. Prior to connection of the project to the County's central sewer facilities the Owner, ?lis assigns, or private utility company 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 Owners (which term includes all successors, assigns and any interim utility company providing the services contemplated hereunder) 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. vii] Ail construction plans and technical specifica- tions related to connections to the County's Central Sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of ccnstruction. viii) The Owner, their assigns or successors shall agree to pay all applicable 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 .~eq~est, ~a?rec~ment..shal!,bemade .known~to building permits will be required prior to the start of building construction. 9-15 F) e) f) Data required under County Ordinance No. 80-112 showing the availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. ?he project's owner(s), his assigns or successors shall negotiate in good faith with the County for the use of treated sewage effluent within the project limits, for irrigation purposes. The Owner would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DER, consistent with the volume of treated wastewater to be .utilized. Exceptions to C.ounty Subdivision Regulations Article X, Section 19: Street name signs shall be approved by the County Engineer but need not meet U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be subject to county ~engineer approval, but need not meet standard county requirements. 2) Article XI, Section 17.F & G: Street right-of-way and cross-section for the road shall be as shown on Exhibit "B". 3) Article XI, Section 17.H: The 1,000 feet maximum dead-end street length requirement shall be waived. 4) Article XI, Section 17.I: Back of curb radii may be reduced to 30 feet at local intersections only, otherwise all radii shall be 40 feet. 5) Article XI, Section 17.K: The requirement for 100 feet tangent sections between reverse curves of streets may ';;E'~_~uc'ed~:~,'~SC,.~',~or.::'~oce,~..~ads.'~only~d all 'oTher roa6s 'shaT'l~be 'buil~ with ~a'mir~mam of ~O~) feet tangent. 9-16 .G) 6) Article XI, Section 21: The requirement for blank utility casings shall be subject to county engineering approval, but need not meet standard county requirements. ~.- 7) Article XI, Section 10: The requirement for reference markers to be placed in water valve covers is waived; subject to all monuments shall be installed according to minimum state standards and as approved by the County Engineer. Environmental Stip.ulat~ons 1) Petitioner shall be subject to Ordinance 75-21 (of the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community 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 how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots ~nd other facilities have been oriented to accommodate ~his goal. 2) Native species shall be utilized, where available, to the maximum exteDt possible in the site land scaping 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 at the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3) All exotic plants, as defined in the County Code, ~hall.be.-~emo~5..~u~i~g.:~ach.~h~se.~f~ns~ruct,ion '~'rt~ deve'lopment area~,-~pen-~pat~e'.-a~re~s, a.n~ ,pre- serve areas. Following site development, a main- tenance program shall be implemented to prevent reinvasion of the site by such exotic species. 9-17 4) 5) 6) 7) 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. If, during the course of site clearing, excavation or other constructional activities, an archaeologi- cal or historical site, artifact or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Develop- ment 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 salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. Ail reserve areas shall be flagged and surveyed prior to platting and construction. The historic hydro-period in the cypress head shall become the water elevation control for the lake ~here the cypress heads are situated. Developer commits to maintain and preserve the three cypress heads and associated wetland vegetation as a preservation area in perpetuity. Developer will use its best efforts to maintain and enhance the cypress vegetation existent thereon and to prevent damage as a result of development of adjacent residential parcels. Developer further commits: a) not to apply for, seek or accept rezoning on said parcel; b) to restore, revegetate and otherwise mitigate any damage to the cypress head occurring while it has control of The Vineyards Project; mechanisms, ensure that the comu:itment set forth above run with the land and become an obligation on future owner(s); and 9-18 H) d) to coordinate with the County Environmentalist regarding the advisabi~ty of preserving the understory in the cypress heads and the removal of any exotic species. ~- Miscellaneous 1) Access to the project shall be restricted to those access points shown on Exhibit "A" hereto, provided that the location of the accesses to commercial parcels shall be approved by the County Engineer. 2~ In the event that the county park site is taken for use as an interchange for 1-75 prior to the development of the school site, or within seven (7) years, whichever first occurs, Applicant agrees to provide an alternative park site comparable in size in said development. Developer agrees to provide minor landscaping and make other minor improvements to the county park site if it is utilized as a park site. Landscaping and improvements shall be accomplished when Vanderbilt Beach Road or internal roads are completed providing access to the park. 3) Developer has agreed to donate a site for a fire station not to exceed 1.25 acres. The site shall be located within the Public Service Area or as may btherwise be agreed between Developer and North Naples Fire Department. Developer shall consult with the North Naples Fire District and the Golden Gate Fire District to determine if a mutual slte can be agreed upon. If not, Developer agrees to donate a site to the Golden Gate Fire District of not more than one (1) acre in a location in the southeastern portion of the project to be determined by Developer. MASTER DEVELOPMENT PLAN EXHIEIIT B TH[ VIN£YARD$ D£VI;LOPtaENT CORPOI~ATION REVISED JUNE 1987 · HIOHWAY 1-7'5 >" LIJ X hJ i A 12" STABILIZED SUBGRADE, LBR 40 B SECTION 1, 8" LIMEROCK BASE SECTION 2, 6" LIMEROCK BASE · .',.: . -. :. ::SECT;ION. ';,'~,?-', '=.~,~SI:~IAL"f;~ C '~CONG~. · ,:T~.PE '~ '..OR ..S- .1 SECTION 2, 1" ASPHALTIC CONCRETE, TYPE S OR S-1 O SLOPE TO MEET EXISTING GRADE '~ m H E E SIDEWALK, 4' WIDE VINEYARDS" NOTES: EXHIBIT "B" 1. VALLEY (.,;UTTER SHOWN; ALTERNATE CURB AND CU'I-rER WHERE PERMI'I-I'ED. 2. SIDEWALl< TO HAVE A MEANDERING ALIGNMENT. STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 87-44 which was adopted by the Board of County Commissioners on the 2nd day of June, 1987, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this llth day of June, 1987. JAMES C. GILES ' ~'~ "'" ~x-ofTic'io 'to The ~o~'~d of County Commissioners : : /9/'' ',"...~...., ..' ~ ~ LoUise Cheson~is .."' Deputy Clerk