Ordinance 87-083~ ORDINATE AMENDING ~RDINANC~ B;:26, AS PREVf~; ~,~//~' ~.?.
AMENDED BY ORDINANCE B§-7) AND ORDINANCE 86-21, ')6~.:~,".'~.
WHICH ESTABLISHED THE BERKSHIRE LAKES PLANED UNIT "~ .
DE~LOP~ENT; ~END~NG L~ST OF EXHIBITS BY ~DDJNG '~..
EXHIBIT H-E~ P~RCEL "~" ~STER PLAN~ ~END[NG
SECTION 1.01, [NTRODUCT[OI~ ~ND PURPOSE~ ~ENDING
SECTION 2.05, SITE ~AN APPROVAL; ADDING A
SECTION 2.0~, FINAL SITE DE~LOPMENT PLAN APPROVAL
AND RE,BERING SUBSE~NT SECTIONS) AMENDING
SECTION 2.07, LAND USES; AMEUDItJG THE LAND USE
~CHED~E: AMENDI~ ESTIMATED MARKET ABSORPTION
SC~D~E; AMENDING SECTION ~.11, RESERVATION OF
NAT~AL VEGETATION AND TREE REM~AL~ AMENDING
SECTION ~.13, EXCEPTIONS TO T~ COLLIER COUNTY
SUBDIVISION REG~ATIONS; AMENDING SECTION ~.1~, LAKE
SITING; AMENDING SECTION 3.01, PURPOSE; AMENDING
~ECTION 3.0~, MAXI~ DWELLING UNITS: AMENDING
SECTION 3.03, PERMITTED ~ES AND STRUCTURES; ADDING
SUBSECTION 3.0~.07, MINI~ LOT AREA AND DIMENSIONS;'
ADDING SUBSECTION 3.0q.08, MINt~ SETBACKS; .~
A~NDING SECTION k.01, ~POSE) ~ENDI~G SECTION
~.0~, MAXI~ ~LLI~ ~ITS~ AMENDING SECTIO~
~POSE; ADDI~ A ~W SUBSECTION 5.03.08, CONCEPTUAL
SITE ~AN A~R~; A~NDING SECTION ~.0], PURPOSE;
A~NDI~ 5ECTI~ ?.01, ~POSE; A~ENDI~ SECTION
8.0~ DEVELOP~ C~ITMENTS, SUBSECTION 8.0~.C~
TRANSPDRTATIDN; AMENDING SECTION 8.02, DEVELOPMENT
~ITMENTS, SUBSECTI~ 8.0~.D, WATER MANAGEMENT;
A~NDING SECTION 8.0~ D~LOPMENT C~MIT~ENTS,
SUBSECTION 8.0~.E, UTILITIES, BY ADDING A NEW
STIP~ATION 5); AMENDING SECTION 8.0~ DE~LOPMENT
CD~ITMENT5, BY ADDING A NEW SUBSECTION 8.O~.F,
WATER AND SEWER; AND BY PR~IDING AN EFFECTI~ DATE.
WHEREAS, Wilson, Miller, Barton, Boll and Peek, representing U.S.
Home Corporation, petitioned the Board of County Commissioners to amend
the Berkshire Lakes Planned Unit Development Ordinance and Master Plan,
Collier County Ordinance 83-46;
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Collier County, Florida:
Ordinance 83-q6, a~ previously amended by Ordinance 8~-75 and
Ordinance 86-21, Berkshire Lakes PUD Document, List of Exhibits, shall
be amended as follows:
LIST OF EXHIBITS
EXHIBIT H
EXHIBIT H-t
EXHIBIT H-~
MASTER DEVELOPMENT PLAN
(Prepared by Wilson, Miller, Barton, Soil
Peek, Inc., File No. RZ-73)
Parcel "F" Master Plan
U.S. Hame Corporation (WMBS&P File No. MP-TT)
P~rcel 'A' Master Plaq
(WMBS&P .Fl)e NO. UP-153)
Words ~ are additions; Wards s~recle-fhe~t:gh are deletions.
I ,00, 0Z8. ,:298
b~CTION TtaO~
Ordinance 83-qbt as previously amended by Ordinance 85-75 and
Ordinance e6-~lt Berkshire Lakes PUD DocumMntt Section 1.0l~ shall be
Mn~ed as follows~
1.01 INTRODUCTION AND PURPOSE:
[t is the intent of ~eh~-Sr-4~.e~ william T. Hlqqs
~au~hee~zed-eepPese~e~½Ye~ [hereinafter called "applicant" or
"developer') to establish and develop a Planned Unit
Development (PUD) on approximately 1,093 acres of property
bordered on the .est by St. Clair Shores, an unrecorded
subdivision and on the east by the Green Heron Planned Unit
Development. The northern boundary of the property is the
Go]den Gate Canal. The southern edge of the property is
bounded by Davis Boulevard. It is the purpose of this
document to provide the required standards and to set forth
guidelines for the future development of the property.
SECTION THREE:
Ordinance 83-q&, as previously amended by Ordinance 85-75 and
Ordinance 86-~1, Berkshire Lakes PUD Document, Section ~.05, shall be
amended as follows:
CONCEPTUAL SITE PLAN APPROVAL
When ~oncep~ua~ site plan approval is desired or required by
this document! the following procedure shall be folio.ed:
A written request for Cpniep~ual Site Plan Approval shall be
submitted to the Director for approval or denial. The request
shall include materials necessary to demonstrate that the
approval of the conceptual site plan and fina~ s~te plan ~ill
be in harmony with the general intent and purpose of this
document. Such material may include~ but is not limited to
the following, .here applica~le:
A)
Site plans at an appropriate scale sho.tng 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 sho.ing proposed locations for utilities hook-up.
Plans for screening and buffering.
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 o~ reduced
provided a site plan is approval ~)nder this section.
F) Conceptual Site PIan Approval may be waived if F, tna~ Site
Development Plan Approval is requested.
Words vnder]lned are additions! Words e~pucb-~heough are deletions.
Ordinance e3-~&t as previously amended by Ordinance 85-?5 and
Ordinance 8&-~le Berkshire Lakes PUD Document, shall be amended to add a
new Section ~.O&t to read as follows:
~,06 ~INA~ SITE DEVEtOP'ENT PI~aN aPPROvaL
Final Site Development Plan approve! shall be required for
develooment Of ali parcels error to application for buildina
oermits. The process for Final Site D~velopment Plan approvg
shall be consistent with that in the 20ninq Ordinance i~
effect at the time approval is requested.
SECTION FIVE:
Ordinance 83-~6~ as previously amended by Ordinance 85-75 and
Ordinance 86-21~ Berkshire Lakes PUD Document, Section ~.07, Land Uses~
shall be amended as follows:
~.07 LAND USES:
The folio.lng table is a schedule of the intended land use
types~ with approximate acreages and total dwelling units
indicated. The arrangement of these land use types is shown
on Exhibit "H", Master Development P]an~ end Exhibit "H-l"t
Parcel 'F" Master Plan and E~htbit "H-~"~ Parcel "A" M4ster
Plan. Minor changes and variations in desig~ and acreages
shall be permitted at final design to accommodate topography,
vegetation and other site conditions. The specific location
and size of individual tracts and the assignment of d.eliing
units thereto shall be submitted to the Administrator for
approval or denial.
The final size of the recreation and open space lands
depend on the actual requirements for .ater management~ golf
course la¥out~ road.ay pattern and d.elitng unit size and
configuration.
SECTION SIX:
Ordinance 83-~&, as previously amended by Ordinance 85-?5 and
Ordinance 86-21, Berkshire Lakes PUD Document, Land Use Schedule~ shall
be amended as folio.s: *,
Words t~P.g.g.C. JJ_~.t~ are additions; Words efeuck-~hreugh are deletions.
I_AND USE TYPE
LAND USE SCHEDULE
APPROXIMATE
ACREAGE
MAXIMUM
NO. DF DWELLING UNIT
et
RESIDENTIAl,
R-I Residential Single-Family
R-~ Residential Multi-Family
COMMERCIAL/MULTI-USE
C-! Commercial
AND OPEN SPAC~
GC Golf Course
0 (Park/Open Space
/Green Belts)
Water Management/Lakes
Major Right-of-Way
.1
Total (egB Acres q,~O0
)093~9 Acres Residential
Dwelling Units
el Residential dwelling units may also be provided within the C-I
Commercial/Multi-Use category provided the total number of dwelling
units does not exceed q~O0.
SECTION SE-~YEN:
Ordinance 83-36, as previously amended by Ordinance 85-7~ and
Ordinance 86-21, Berkshire Lakes P1JD Document! Estimated Market
Absorption Schedule, shall be amended as follows:
ESTIMATED MARKET ABSORPTION SCHEDULE
PHASE
YEARS
DESIGNATION I l! III IV
UNIT 1-5 ~-I0 11-15 l&-~O TOTAL
R-1
D~etling Units 235 ~90 ~_90 - - 935
R-~
~.e]lln~ Units soo ,eee ~19 looo ~o~ 3e~a
Bldg.Sq.Ft. x1000 100 100 100 ~
~, (Golf ~urse)
Words underlined are additions: Words serucb-)h~ough are deletions.
299
SECTION EIGHT:
Ordinance e3-qa, as previously amended by Ordinance eS-7'J and
Ordinance eh-El, Berkshire Lakes PUD Document, Section E.1%, Reservation
of Natural Vegetation and Tree Removal, shall be amended as follows:
~.11 RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL
~fea~ngT-geed~npT-eer~hwe~kz-and-sf~e-d~atnaqe-~oe~-sh~-be
pe~fe~med-~n-ecce~enee-w~h-eheoaop~o~ed-P~B-M~see~
geve~opmen~-P~en-and-~pp~eab~e-~o~e~-~ean~y-Be~e~o~men~
eedes~--P~e~eeted-afe~s-sha~-be-F~eppe~T-e~e~f~-marbe~
andFo~-fenced-d~rtnp-per~ed-o~-cons~ruet~on~-
Appeevaf-~em-the-Eeunt~-En~f~oemeneeffse-s~e~-ee-~eeefved
p~o~-~e-an~-deYefepme~-o~-the-feentt~e~-~ee~aee~epfea~-
s~te~--APc~aeo~op~ea~-s~tes-sha~-be-pres,-~ee-~f-Found-be-be
ef-s~gn~f~ean~-~a~ue~-
fnfef~f-sfee-c~eeefng-p~ans-fee-eac~-phase-of-deYefcpmene
9he~-be-eevfe~ed-and-~pp~eve~-by-~e-~eu~y-EnY~renmenea~se-
The followina orocedure~ ~hall be followed:
Th~ Pe~it)oneK )hQl) be lubject t9 OrdjnanKe ?~-3~ (or
the tree/veqe~attan re~.toval Ordinance in existence at the
time of permittinq), requirtnq the acquisition of a tree
removal permit prior tO any land clearinq.
A sit~ clearinq plan shall be submitted to th~ Natural
Resources Manaqement DePartment and the Commun)t¥
Development Division for their review and approval prior
~o an% substQntial work on the s~te. This plan may be
submitted in phases to coincide with the development
schedule. The ~ite clearinq plan ~hail clearly depict
hpw the final s~te layout incorporates retained natlv9
veqetation to the maximum extent possible an~ how road~
b~ildjnqs, lakes, parkinq lots~ and other facilities h~ve
bean oriented to accommodate this.qoal.
Native species sha)l be utilized, wher~ avallablem to the
mpxjmum extent possibly in the Site landscaoino pe~iqn.
A land$~aplno Dian will be submitted to th~ Natural
Resources M~naq~m~nt O~partzent and the Community
D~velopment Division for their review and approval. This
plan will depict ~he incorporation of native species and
their mi~ with other species~ if a'v. The qoal of S[t~
]andsCaDino shall be the recreat~c ~ of nat~v~ veqetat~o~
~n~ ha~ltat ~har~ter~ti¢~ lost On the T)t~ d~rtnq
~pnstruct~on pr due to..past aqtlvl~es.
All exotic p)ants~ as dmfined in the County cadam shall
be removed dur~nq eac~ phase of construction from
development areas, open space areas, an~ preserve areas~
Followtnq site development a maintenance orooram Sh~l~lb~
implemented to prevent reinvaston of the site by such
~xotic species. This p)an, ~hich will dec,ribe contrg~
t~hnjque~ and inspection interva}!~ shall be filed ~ith
and approved,by the Natural Resources Manaqemen~
Department and the Community Develoom~nt
Words underlined are additlonsl Words s~r'ucl~-~h~euqh are deletivns.
028. ,:300
If durlnq the ~Ourse Of site clearino, excavation, or
9~her ~gnstru~tignal activities, an archaeolooical or
historical Site, artifact, or other indicator is
discovered~ all development at that location shall be
immediately stopped and the Natural Resources Manaqement
Department notified. Development will be suspended for a
sufficient lenqth of time to enable the Natural Resources
Manaqement Department or a desiqnated consultant to
assess the find and determine the proper course of action
in reqard to its salvaqeability. The Natural Resources
Manaqement Department will respond to any Such
ngtificatton in a timely and efficien manner so as to
prgvide only a minimal interruption to any constructional
activities.
At least 7.2 acres found in the north central reaches o~
the parcel and immediately south and adjacent to 1-75
will be a passive park. This area is associated with a
hardwood hammock. Prior to any constr~Ctlgn in th~
vicinity of the park, park boundaries must be flaqqed by
the petitioner~ the boundaries subject to the review and
approval gf N~MD. Any clearinq of veqetation or
placement of structures within th~ area will be sub~ect
tO the revie~ and approval of NRMD.
At least ~.B acres found alonq the mid-western property
l~ne will be a passive park. The petitioner is
enc0uraqed to investiqate alternate sites for the park
(i.e., areas with fewer e~otic plants and more a pristln~
flat~ood's plant community). Prior to any construction
in the vicinity of the park~ park boundaries must be
flaqqed by the ~etitioner, the boundaries subject to the
review and approval of NRMD. Any clearlnq of veqetation
gr placement of Str~ctures within the area will be
sub~e~t to the revle~ and approva~ of NRMD~
A survey shall be conducted by ouallfied ~ersonn~l t~
verify the existenc~ of three prote~ted species that may
gr may not exist on s~te: qopher turtle ¢Ogpherus
polyphumus~, ~ld eaqle (Haltaeetus leucocephalus)~ re~
cockeaded ~oodoecker CP1co~des borealis). The petitioner
may wish to ~ggrdinate the Survey with the Flortda Game
and Fresh Water Fish Commission. Results of the survey
must be made available to N~MD, If representatives of
~ny or a~ gf these species are on site~ measures must be
t~k~n to accommodate the animals (i.e., relocation,
~uffer areas, etc,), the measures m,~je~t tO the review
~nd approval of NRMD.
The ~etland S|t~ ~ndiqated on the ortqin~l PUD Master
Plan shall be ~hecked ~y the Petitioner ~nd staff of the
Natural ~e~urces Manaq~ment Dep~rtment, ~f in the
opinion of Staff, the ~)te constitutes ~reservable
wetlands, then Petitioner shall aqre~ to preserve the
wetland site. If it is not a preservabl~ wetland, then
the best trees shall be selected for preservation by
staff of the Natural ~esources Manaqement Department.
Extstinq veqetation (trees and understory) wi)! be
preserved in r0uqh areas ~hich wtl~ be deflned by the
applicant staktnq the boundaries ~f them and the County
EnvlronmenDalist reviewinq the areas that have been
stake~.
Words ~underllned are additions; Words ~r~cl~-~hro~gh are deletions. :~
SECTION NINE:
Ordinance 83-q6, as previously amended by Ordinance 85-?5 and
Ordinance 86-E1, Berkshire Lakes PUD Document, Section E.13, Exceptions
tO the Collier County Subdivision Regulations, shall be amended as
follows:
2.13 EXC£PTIO~S TO TH~ COLLIER COUNTY SUSDIVISION REGULATIONS
The following requirements shall be ~aiYed~
a. Article XI, Section ID: Where such monuments occur
~tthin street pavement areas, they shall be installed in
a typical water valve cover, as prescribed in the current
County standards.
b. Article XI, Section I?H: Such streets shall not exceed
one thousand (1,O00) feet in length.
c. Article XI, Section l?J, requiring curved streets to have
a minimum tangent of I00 feet at intersections.
d. Article XI, Section lb: Sidewalks (waive requirement for
sidewalks on both sides of all collector streets, on one
side of each marginal access street and local street).
Sidewalk? walkway and/or bicycle path locations will be
indicated on the project construction plans ~hen those
are submitted to the County for approval. The dTvelo@ec
~hall gay his fair share of bikepaths aIon~ his R~dio
Road and Davis Boulevard frontage as deemed appropriate
~nd necessary ~y the County Enqlneer.
e. Article X, Section l?: Street Name Markers and Traffic
Control Devices. Street name signs shall be approved by
the County Engineer but not meet the
Manual on Uniform Traffic Control Devices. Street
pavement painting, striping, and reflective edging
require~ents shaa½-be-wa~ved ~s directed by the Cgun~y
Enalneer.
f. Article Xl, Section l?G: Street Pavement Widths: Waive
requirements for local roads to have two (2) twelve foot
lanes, subject to the approval of the County Engineer.
g. Article Xl, Section 17I: Curb Radii (Reduce requirements
from forty (~0') foot radius to thirty (30') foot radius
at local to local road and local t~ ~inor collector road
intersection only.)
SECTION TEN:
Ordinance S3-~&, as previously amended by Ordinance 85-75 and
Ordinance 86-21, Berkshire Lakes PUD Document, Section ~.1~, Lake
Siting, shall be amended as follows:
2.1~ LAKE SITING
As depicted on Exhibit "H" Master Development Plan, lakes and
natural retention areas have been sited adjacent to existing
and planned roadways. 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. Accordingly, the setback requirements
described in Ordinance 80-2~, Section SA, may be reduced with
the approval of the County Engineer. Fill material from
lakes is planned to be utilized within the project, however,
Words nrt~_O.g.p,.c,[J~.~L are additions; Words etPucl~-thr'ouqh are deletions.
excess fill material may be utilized off-site. In the event
that fill material is to be used off-site, approval from the
County Engineer and the Planning/Zoning Director shall be
required to assure no negative impact on surrounding
residential properties and on impact~roads. Mitigation
measures may be required if deemed appropriate and necessary
by the County Engineer and/or Planning/Zoning Director.
Littoral zones alonq lake marqins of the three yet-to-be-
constructed lakes Should be at a side slope ratlo of no less
than ~:l out to a depth of three feet from mean low water
l~vels. Any additional stipulations manOr'fO bY any ~gunty
excavation ordinance in effect at the time of permtttlnq will
apply to lake construction, with the more strinqent
requlattons beinq applicable to this project.
The developer should investiqate a proqr~m to red¥~e or
prevent the growth of various "weed" (e.g., ~attails) and/or
~xotic plants (e.g., hydrtlla, water hyaqinths, etq,} in the
lakes, Petitioner ShOuld qons[der veqe~atlnq at l~ast
portions of the littoral shelf zone with native SpeCieS of
aquatic olants.
SECTION ELEVEN:
Ordinance B3-qb~ as previously amended by Ordinance B5-75 and
Ordinance 8&-21, Berkshire Lakes PUD Document, Section 3.01, Purpose,
shall be amended as follows:
3.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated on Exhibit "H", Master Development
Plan~ and E~hlblt "H-l", Parcel "F" Master Plan
and Exhibit "H-~", Parcel "A" Master Plan, as Single-Family
Residential.
SECTION TWELVE:
Ordinance B3-q&, as preYiously amended by Ordinance 85-?5 and
Ordinance B&-EI, Berkshire Lakes PUD Document, Section 3.0~ Maximum
D~elltng Units shall be amended as follows:
3.02 MAXIMUM DWELLING UNITSI
A maximum number of ~95 5~5 dwelling units may be constructed
in all of the Single-Family Residential parcels except as
permitted by Section 2.08.
SECTION THIRTEEN:
Ordinance 83-q&, as previously amended by Ordinance 85-75 and
Ordinance 86-21, Berkshire Lakes PUD Document, Section 3.03, Permitted
Uses and Structures, shall be amended as follows:
3.03 PERMITTED USES AND STRUCTURES:
No building or structure, or oart thereof, shall be erected,
altered, or used, or land or ~ater used, in ~hole or in part,
for other than the following:
Words S;nde~'ltned are additions~ Words sl:~-t:ck-eh~-eugh are deletions·
8
A. Permitted Principal Uses and Structures:
Single family dwellings.
Public and private parks, playgrounds, playfields
and commonly owned open space.
Patio homes, zero lot tine homes, and qroup
housinq lots.
Permitted Principal Uses and Structures Requiring
Site Plan Approval:
1)
SECTION FOURTEEN:
Villas, cjuster and g~e~p-heusine, townhouses~
houses?-end-~e~o-~e~-½~mes~
Ordinance 83-~, as previously amended by Ordinance 85-?5 and
Ordinance 8&-21, Berkshire Lakes PUD Document, shall be amended to add
a new Subsection 3.0~.07, Minimum Lot Area and Dimensions to read as
follows:
3.0~.07 M~NIMUM LOT AREA AND D~MENSIONS: Patio Homes Zero Lot
Line and Groug Hous~nq Lots:
Area: 5,000 square feet
Averaqe Width; 50 f~et inter)or lots
~5 f~et corner lots
qO fee~ cu)-de-saq and odd ~ha~ed lots
SECTION FIFTEEN:
Ordinance B3-q&, as previously amended by Ordinance 85-?5 and
Ordinance 8&-21, Berkshire Lakes PUD Document, shall be amended to add
a ne~ Subsection 3.0~.OB, Minimum Setbacks to read as follows:
3.0~OB MINIMUM S~TBACKS; Patio Homes Zero Lot ~ne and Group
Housinq
Frpnt: ~0
Side (Patio
Side Zero Lot Llq~;
ReAr (Principal Use):
~ feet (both sides!
0 fee~ czer lot s~de)
l0 feet (oo~sit~ side)
2~ feet
Rear (Accessory Use): 5 feet
SECTION SIXTEEN:
Ordinance 83-46, as previously amended by Ordinance 85-75 and
Ordinance 86-21, Berkshire Lakes PUD Document, Section ~.01, Purpose,
shall be amended as follows:
~.01 PURPOSE:
The purpose of this Section is to set forth the regulations
for the areas designated on Exhibit "H", Master Development
Plani s~d Exhibit "H-I", Parcel "F" Master Plan
and Ext~bit "H-~"~ Parcel "A" Master Plant as Multi-Family
Residential.
Words ynderlined are additions) Words sf~ucl~-kh~e~gh are deletions.
$ECTIOI~ SEVENTEEN:
Ordinance B3-q6, as previously amended by Ordinance 85-75 and
Ordinance 86-21, Berkshire Lakes PUD Document, Section q.02, Maximum
Dwelling Units, shall be amended as follows:
4.02 MAXIMUM DWELLING UNITS:
A maximum number of gzB&~ ~.675 dwelling units may be
constructed in all of the Multi-Family Residential parcels
except as permitted by Section 2.08.
SECTION EIGHTEEN:
Ordinance 83-A6, as previously amended by Ordinance 85-?5 and
Ordinance 86-21, Berkshire Lakes PUD Document, Section 5o01, Purpose,
shall be amended as follows:
5.01PL~POSE:
The purpose of this Section is to set forth the regulations
for the areas designated on Exhibit 'H', Master Development
Plans and Exhibit "H-I", Parcel "F" Master Plan
and Exhibit "H-~", Parcel "A" Master Plant as
Commercial/Multi-Use.
SECTION NINETEEN:
Ordinance B3-~b, as previously amended by Ordinance 85-75 and
Ordinance 86-21, Berkshire Lakes I~ Document, shall be amended to add
a new Subsection 5.03.08, to read as follows:
5.03.08 CONCEPTUAL 5]T~ P~AN APPRDVA~
A Conceptua) ~tte Plan )n accordance with Seqtlgn ~,O~ of
tht~ ~q~ment Sha[i be approved for e~[h commer~tat tract
prior to fracttona~l~atton of that traqt. If ~he tra~t
~s not fraqtiona~ze~, a Final S~te Development Plan in
accordance with Section ~.05 shall be approved prior to
a~oiication for bui~inq permtt~
SECTION TWENTY:
Ordinance B3-q6, as previously amended by Ordinance BS-T5 and
Ordinance 86-21, Berkshire Lakes PUD Document, Section 6.01, Purpose,
shall be amended as follo~s:
6.01 PURPOSE:
The purpose of this Section is to set forth the regulations
for the areas designated on E~h½b~ aHa-Mastee-BeYe~opmen~
P~an and Exhibit 'H-I", Parcel "F' Master Plan, as Doll
Course.
SECTION TWENTY-ONE:
Ordinance 83-46, as previously amended by Ordinance 85-T5 and
Ordinance 86-21, Berkshire Lakes PUD Document, Section 7.01, Purpose,
shall be amended as follows:
Words gpderlined are additions; Words e~eucie-~hee~gh are deletions.
7.01 PURPOSE ~
Thff purpose of this Section is to set forth the regulations
for the areas designated on Exhibit "H", Master Development
Plan~ and Exhibit "H-l', Parcel "r" Master Plan,
and ExhibL.t "H-~", P~r~!"A" ~aster Plan, as Open ~ace/Park,
CYP~ Willowhead, Willo. Cypress Preserve~ Cypress Preserve,
Green Belt, Lake, Conservation, ~ater Man.:ement, etc.
SECTION TWENTY-TWO:
Ordinance 83-q6, as previously amended by Ordinance 85-75 and
Ordinance 86-EI, Berkshire Lakes PUD Document, Section B.OE,
Development Commitments, Subsection 8.02.C, Transportation, shall be
a~ended as follows:
8.0~.C TRANSPORTATION
Bikepath/Sidewalks shall be provided on the west
side of Santa Barbara from Radio Road to Golden Gate
Canal.
The applicant shall be required to pay for the
signalization, turn lanes and other improvements
deemed necessary by the County Engineer or FDOT for
the intersection of the project's southern access
road .ith Davis Boulevard (SR-Bq). These
improvements shall be made at the time this
intersection is found to exceed level of service
'C". Service level determination shall be made by
either the Collier County Engineering Department or
FOOT.
At such time as Davis Boulevard (SR-Sq) exceeds
service level C, the developer representing
Berkshire Lakes will find a proportionate share of
1.2q miles of the cost of construction based on
total build-out of the project. The developer will
supply bond addressing this issue.
Donate to Collier County one hundred feet of a
future two hundred feet riGht-of-way along the east
boundary of Berkshire Lakes between Davis Boulevard
and Radio Road.
Donate to Collier County 25 ~eet of additional
right-of-way on each side of Radio Road along the
Berkshire Lakes frontages.
The developer of Berkshire Lakes pay its fair share
fora upgrading Radio Road and Santa Barbara
Boulevard from Golden Gate Canal to Davis Boulevard.
A fair-share contribution toward the capital cost of
traffic signals at the principal access points to
the project ~hen deemed warranted by the County
Engineer. The signals shall be o~ned, operated and
maintained by Collier County.
Arterial type street lighting at all principal
access points to the project. The operating and
maintenance cost of these units shall be assumed by
Collier County.
Provide appropriate left and right turn lanes at the
principal access points to the project.
Words underlined are additionsl Words sfruele-thPough are deletions.
,00 02.8,,, -306
The above noted properties shall be donated to the County for
the specific purpose of widening Radio Road and for the
planned future extension of Santa Barbara Boulevard from Radio
Road to Davis Boulevard.
This donations shall take place at such time as the additional
right-of-way is needed by the county for the immediate road
construction or at the developer's conven.,nce, whichever
occurs first.
Thq developer shall provlde a fair share
contribution to the capital cost of a traffic s~qnal
at the proposed access on Radio Road opposite
Brettone Park when deemed warranted by the County
Enqineer. The siqnal shall be owned, operated and
maintained by Collier County.
Primary access to the commercial tract shall remain
via internal roadways; secondarY acc~as to/from
Radio Road and Santa Barbara Boulevard shall b~ in
accordance with Ordinance 82-~1 and the County
reserves the riqht per Ordinance to deny direct
access should such access adversely impact roadway
capacity on Santa Barbara Boulevard and/or Radio
Road.
A secondary access consistinq of a "riqht turn-in"
or a "rtqht turn-out" or both turnlnq movements that
does not reduce capacity of the arterlal roadway
(Radio Road) shall be provided. This would be
mttiqated throuqh the use of a tapered merqe )and
and/or a tapered rtqht turn lane.
13, Constr,~ction of such road access would complY with
FDOT standards and applicable County Ordinances,
S~condary access to and from a collector (Santa
Barbara Boulevard) would be subject to the same
stipulations described in "12' and "13" previouslY.
A distance of IBO feet from intersection
Flqht-of-way to curb cut wilI be required for al~
primary acces~ on arteria~ or ~econdary roadways
with the exception of the northwest corner of the
Intersection of Santa Barbara Bgulevard and Radio
Road which may be less than ~BO feet subject to
st~pulatlons "l~" throuqh 'lZ' above in Section
~.o~.¢?
t6.
Any access aoproved and constructed within the
public riqht-of-~ay shall remain for permissive use
and shall not operate to create or ;o vest any
property riqht, Add~tionally~ should unsaf~
conditions result from the ~nstructton and
operation of such access improvements` the CountY
reserves the riqht in accordance with Ordinance
B~-~l to require the alteration~ relocation~ and/or
removal of access improvements.
17. A conceptual site plan shall be submitted for review
and approval by the Planntnq and Zontnq Department
fgr the orooosed access point~.
The PUD do;ument requires the ~ed~cat~gn gf an
addittona~ ~5 feet riqht-of-way ~onq the north
of Radio Road. The 25 feet ~s still reoutred to b~
~edi~ate~ tg the County for r~qht-of-w~y~
Words underlined are additions: Words meruck-)hrough are deletions.
ammmmmmm~
All ~c~e~ ~rlves Into the c~mmerc,a| tr~t ~h~ll b~
)n accordance with Ordinance 82-9; ~n~ludlno all
requirements for turn lane improvements.
20.
21.
The Master Plan depicts several "odd'° shaped
cul-de-sacs. The desiqn and cor,;ruction of the
cul-de-sacs may be subject to ~pproval by the County
Enqineer,
The Master Plan depicts most of the streets as local
roads with 60 feet riqht-of-ways. The continuous
streets, with 6C feet riqht-of-way sho,n, that hav~
in excess of 1500 ADT shall be desiqned to minor
collector road standards, ~ncludinq sidewalks o~
both sides. The determination as to ~hich stree~
will exceed 1500 ADT shall ~e determined by !
traffic ~tudy prepared by the O~nerS Enqineers ~htch
shal1 be submitted to the County Enq~neer for review
and approval prior to preparation of the
construction plans and plat.
SECTION TWENTY-THREE:
Ordinance 83-~6, as previously amended by Ordinance 85-75 and
Ordinance B&-~I, Berkshire Lakes PUD Document, Section B.02,
Development Commitments, Subsection B.O~.D, Water Management, shall be
amended as follows:
B.O~.D. WATE~ MANAGEMENT
Detailed water management construction plans shall
be submitted for approval to the County Engineering
Department prior to commencement of construction.
Surface Water Management Permits must be obtained
from the South florida Water Management District
prior to the commencement of development.
The control level elevation concerns identified in
the South ~lorida Water Management District Impact
Assessment ~eport, page 2, Appendix l%, must be
addressed by the applicant during the District
Surface Water Management perpttting process.
The drainage system for the derkshire Lakes project
shall implement the water quality 'best management
practices' outlined in the Berkshire Lakes
Application for Development Approval, response to
Question 2~ Drainage, Part C., pages 22-5 and ~-6.
An on-going maintenance and monitoring program that
regular!y lnspects~ maintains and samples the
stormwater drainage system shall be implemented.
An ~xcavation Permit will be requ)red Cot the
proposed lakes in accordance with C011ter County
Ordinance No. B0-~6, as amended by Ordinance 83-3,
and as may be amended in the future.
Cgnt~nq~nt upon a~quirinq appropriate permits, the
developer shall initiate and be responsible fgr the
fo~lowinq alonq ~ts entire SR-Sq (Davis Bgulevard)
frontaqe;
Words ;;nderlined are additions; Words 1~?uek-~N~gh are deletions.
~FOvid~ ~asements and
S-a]~ along th! north tide of 5R-8~ in
a¢CordCnce with the recommendation of th~
revised ~aster Plan for Water ~anaqemen~
District rlo.b~ prepared for the Biq Cypress
Basin Board.
Preparation of necessary additional easements
~lonq the northerly sid~ gf the orooosed swale
to allow for construction of a maintenancq
travel.ay for use by the County's Aquatic Plan~,
Control Section.
Detailed site drainaqe plans and computations for
Tract "A" shal1 be submitted to the County Enqlneer
for review. No construction permits shall be issued
unless and until approval of the proposed
construction in accordance with the submitted plans.
i~ qranted by the County Enqineer.
No buildinq COnStruction permits for Tract "A" will...
be authorized until proof of approval of the
modification of the Water Manaqement Plan is
received from South Florida Water Manaqemen~
District.
Excavation P~rmit Nos. 59.13b an~ ~9.~?b Shall be
t~rminated for the off-site removal Of excavate~
material prior to the plattinq and/or development of
the adjacent residential parcels.
!.~. Staff and Developer shall tnvestiqate the
possibil)ty 0f settinq up a trust fund or other
binding aqreement, reqardinq District No.b
tmprovements~ or 7. above will qovern.
SECTION TWENTY-FOUR:
Ordinance B3-~b! as previously ·mended by Ordinance 85-75 and
Ordinance Bb-~l, Berkshire Lakes PUD Document, Section 8.0~
Development Commitments~ Subsection 8.O~.E, Utilities, shall be amended
to add · new stipulation 5) to read as follows:
B.O~.E. UTILITIES
1)
A central ,afar supply system shall be made
available to all areas of the pro'ecl. The water
supply source for the project shall be the County
system.
2)
~ll areas of the project shall be served by a
central ,astewater collection system and by an
on-site wastewater treatment plant. The plant shall
be expanded as may be needed to meet the anticipated
demands and shall be phased-out at such time as a
County system becomes available.
3)
The develooment shall be in substantial compliance
with applicable County laws and ordinances governing
utility provisions and facilities.
~)
Telephone, po,er and T.V. cable service shall be
made available to the site.
5_.~.) Any establishment requirlnq a CCPHU permit
submit plans for review and approval~
Words underlined are additionsl Words s~rock-~:hreugh are deletions.
,oo 02.'8 309
SECTION TWENTY-FIVE:
Ordinance 83-46, as previously amended by Ordinance 85-75 and
Ordinance 86-EI, Berkshire Lakes PUD Document, Section
Development Commitments, shall be amended to add a new Subsection
8.0~.F, Water and Sewer, to add the stipulations contained in the
Utility Division's memorandum dated August ?, 1985, attached hereto as
Exhibit "A" and by reference made a part hereof.
SECTION TWENTY-SIX:
This Ordinance shall become effective upon notice that it has been
received by the Office of the Secretary of State.
DATE: October 13, 1987 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.,?5 ,~... ;3'A/~S- .~r~· ~_] ~, CLERK
PDP.8'75C
Words underlined are additionsl Words eePuek-eh~eugh are deZetions.
{J
1
j o
BOOK
T~
MEMORANDUM
A~n Hc~Lm, Planning Department
August 7, 1985
DATE:
John F. HadaJewskt, ;;~"".-.
FROM'~ ....... ~-c~-z" I~'t"'l ' '
O~ilities Division2?
Re: Peri,ion PDA-85-10C, Berkshire Lakes
~ have reviewed ~he above re~erenced-Peci~ion and have no obJe~io~ ~o
~he P~ ~endmenC as requested. However, we require the ~olloving
stipulations as a condi~ion co our reco~enda~ion ~or approval:
A) Water & Sever
l) Water distribution and sevage collection and transmission
systems will be constructed throughout the project development by the
developer pursuant co all current requirements of Collier County and the
State o~ Florida. Water and sever facilities constructed within
platted rights-of-way or within utility easements required by the County
shall be conveyed co the County for o~mership, operation and
maintenance purposes. Ail water and sewer facilities constructed on
private property and noc required by the County to be located within
utility easements shall be owned, operated -nd maintained by the
Developer, his assigns or successors. Upon co~ lecion of construction
of the water and sewer facilities within the project, the facilities will
be tested to insure they meet Collier County's minimum requirements ac
which time they will be conveyed or transferred to t'.e County, when
required by the Utilities Division, pursuant to appropriate County
Ordinances and Resulations"in effect aC the time conveyance or transfer
is requested, prior co being placed into service.
2) All construction plans and technical specifications and proposed
plats, if applicable, for the proposed vacer distribution and sewage
collection and transmission facilities must be reviewed and approved by
che Utilities Division prior Co commencement of construction.
3) All customers connecting to the vater discribu~ion and sevage
collection facilities will be customers of the County and will be billed
by the County in accordance with the County's established races. Should
the County noc be in a position Co provide water and/or sever service co
the project, the water and/or sever customers shall be customers of the
interim utility established co serve the project until the County's
off-sics water and/or sever facilities are available co serve the
pro~ecc.
&) lc is anticipated chac the County Utilities Division will ultimately
supply potable water co meec the consumptive demand and/or receive and
crest the sewage generated by this prolecC. Should the County system
not be in a position co supply potable vacer Co the pro~ecc and/or
receive the project's vascevacer ac the time development commences~ the
Developer, at his expense, vill install and operate interim water supply
and on-site treatment facilities and/or interim on-sics sevage treatment
and disposal facilities adequate to meet all requirements of the
appropriate regulatory a~encies.
EXHIBIT "A"
pg. 1
To: Ann McK~m, ~lanning Dept.
Page 2
Au&mst 7, 1985 ~
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 water supply and on-site treatment facilities and/or
on-site wastewater treatment and disposal facilities, ii required, are to
be constructed as part of the proposed project and must be regarded as
interim; they shall be constructed to Scare and Federal standards and
are to be owned, operated and maintained by the Developer, his assigns or
successors until s-ch time as Cbc County's off-site water facilities
and/or o/i-site sewer facilities are available to service the project.
The interim treatment facilities shall supply services only Co chose
lands owned by ~he Developer and approved by the County for development.
~e utility facility(les) may no~ be expanded to provide va~ar and/or
sewer service outside the developmen~ boundary approved by the County
without ~he ~i:cen consent of the County.
b) Upon connection to ~he County's off-site ~ ter facili~ies, and/or
sever iacili:ies, ~he Developer, his assitns or s~ 'cessors shall abandon,
dis~ncle and remove from the site the in:er~ ~a~er and/or sewage
Creacaeac facility and discontinue use of the water supply sourca~
applicable~ in a ~nner consistent rich Scace of Florida standards.
~1 york related rich :his--ac:ivi~y shall be perfo~ed ac no coac Co the
County.
c) Conner:ion ~o the County's ofi-si~e racer and/or sewer
~11 be ~de by ~he o~ers~ their assitns or successors ac no cost ~o the
Couaty vi:hin 00 days after such facilities become available. ~e cost
of conner:ion shall include, bu~ no: be limited :o~ all entineerint
desitn and preparation of construction documen~s~ pemic:int~ modifica-
tion or rifle:iht of aewaEe pumpinE facilities, in:erconnec~ion ~h
County off-site facilities, water and/or sewer lines necessary ~o
the connec~ion(s), e~c.
d) AC the t~e County off-si~e wa~er and/or sewer facilities are
available for the proJec~ :o connec~ ~i:h~ the iollo~inl va:er and/or
se~er facili~ies shall be conveyed ~o ~he County pursuant co appropria~e
County Ordinances and ReEulacions In effect a: the time:
1) All ~acer and/or.sewer facili~ies constructed in publicly
o~ed rithcs-oi~ay or ~i:hin utility easements required by the
County within the project limits and those addi~ional
facilities required co make connec~ion rich chi County's
off-slot ~acer and/or sewer facili~ies;
2) All water and sewer facilities required to connec= the
........project to the County's off-site water and/or sewer facilities
th, on-.i, water and/or sewer acilitie.
on prZwce property and hoc
Zocaced vZchZn uc~XZcy easements,
c~e ~oZZo~n8 ~
EXHIBIT "A"
pq. 2
To: Ann ~cKim,~lanning Department
?age 3
a) Main sewage lift station and force main inter-
connecting with the County sewer fac!~ties including
all utility easements necessary;
b) Water distribution facilities from the point of
connection with the County's water facilities to the
master water meter serving the project, including all
utility easements necessary.
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 water and/or sewer facilities are available to
serve the project and such connection is made. Prior to connection of
the project to the County's off-site water and/or sewer facilities the
Developer, bis 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 ~r~th the County for the serv~e of those customers.
The Developer shall also provide the County with detailed inventory of
the facilities served within the project and the entity which will be
responsible for the water and/or sewer service billing for the project.
f) All construction plans and technical specifications related to
connections to the County's off-site water and/or sewer facilities will
be submit:ed 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 water distribution and/or sewage collection and transmission system
for the sum of $10.00 per year, when such system is not connected to the
off-site water and/or sewer 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 water supply,
treatment and distribution facilities and/or the sewage collection,
transmission and treatment facilities. The Lease, if required, shall
remain in effect until the County can provide water and/or sewer service
through its off-site facilities or until such time that bulk rate water
and/or sewer service agreements are negotiated with the interim utility
system serving the project.
B) Data required under County Ordinance No. 80-112 showing the avail-
ability of sewage service, must be submitted and approved by the
Utilities Division prior to approval of the construction documents for
the project. Submit a copy of the approved DER permits for the sewage
collection and transmission systems and the wastewater treatment facility
to be utilized, upon receipt thereof. ~00~ ~'~p,f,,.~'tA
II
To: Ann HcKlm, Planning Department
Page &
August 7, 1985
C) If an interim on-site water supply, treatment and transmission
facility is utilized to serve the proposed project, it must be properly
sized to supply average and peak day domestic demand, in addition to fire
flow demand at a rate approved by the appropriate Fire Control District
servicing the project area.
D) The project's Developer(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 Developer 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.
E) Construction and o~-nership of the water and sewer facilities, including
any proposed interim water and/or sewage treatmer~ facilities, shall be in
compliance with all Utilities Division standard. , Policies, Ordinances,
etc. in effect at the time construction approval is requested.
F) Prior to approval of construction documents by the Utilities Division,
the Developer must present verification, pursuant to Chapter 367, Florida
Statutes, that the Florida Public Service Commission has granted territo-
rial rights to the Developer to provide sewer and/or water service to the
project until the County can provide these services through its water and
sewer facilities.
G) Detailed hydraulic design reports covering the water distribution and
sewage collection and transmission systems to serve the project must be
submitted with the construction documents for the project. The report
shall list all design assumptions, demand rates and other factors pertinent
to the system under consideration.
H) The water distribution system within Parcel "F" shall be extended to
the northerly right-of-way line of Davis Boulevard for future connection
to the County's off-site water facilities, when available at this
location. In addition, water distribution system connection points shall
be provided at mutually agreed upon points along the east and west
property lines of Parcel "F" for future interconnection and looping
purposes to adjacent properties.
I) The PUD document shall, be revised to make reference to this memorandum,
by date, and specify the Petitioner's acceptance of the stipulations
contained herein. A revised copy of the PUD document must be submitted to
the Utilities Division for review and approval prior to scheduling the
Petition for consideration by the Board of County Commissioners.
cc. Thod~as R. Peek, P.E.
EXHIBIT "A"
pg. 4
AGR£E~L~NT
I, Thomas R. Peek, as owner or authorized agent for Petition
PDA-87-SC, agree to the following stipulations requested by the Collier
County Planning Commission in their public hearing on July 16, 1987.
Standard stipulations 1-& as adopted by the EAt on 4/1/87.
At least 7.2 acres found in the north central reaches of the
parcel and immediately south and adjacent to 1-75 will be a
passive park preserve, This area is associated with a
hardwood hammock, Prior to any construction in the vicinity
of the park, park boundaries must be flagged by the
petitioner, the boundaries subject to the review and approval
of NRMD. Any clearing of vegetation or placement of
structures within the area will be subject to the review and
approval of NI~D.
fe
At least 6.8 acres found along ire mid-western property line
will be a passive park~s~'e~-~v~~ The petitioner is encouraged
to investigate alternate sites for the park (i.e., areas with
fewer exotic plants and more a pristine flatwood's plant
co,~unity). Prior to any construction in the vicinity of the
park, park boundaries must be flagged by the petitioner, the
boundaries subject to the review and approval of NRMD. Any
clearing of vegetation or placement of structures within the
area will be subject to the review and approval of
ge
he
A survey shall be conducted by qualified personnel to verify
the existence of three protedted speciet that may or may not
exist on site: gopher turtle (Gopherus polyphemus), bald
eagle (Haliaeetus leucocephalus), red cockeaded woodpecker,
(Picoides borealis), the petitioner may wish to coordinate
the survey with the Florida Game and Fresh Water Fish
Commission. Results of the survey must be mede available to
NRMD. If representatives of any or all of these species are
on site, measures must be taken to accommodate the animals
(i.e., relocation, buffer areas, etc.), the measures subject
to the review and approval of NRMD. -.
Littoral zones along lake mergins of the three yet-to-be-
constructed lakes should be at a side slope ratio of no less
than &:l out to a depth of three feet from mean low water
levels. Any additional stipulations mandated by any County
excavation ordinance in effect at the time of permitting will
apply to lake constructicn, with the more stringent
regulations being applicable to this project.
I
The devslopsr should investigate a program to reduce or
prevent the growth of various "weed" (e.g. catta!~s) and/or
exotic plants (e.g., hydrilla, water hyacinths, etc.) in the
lakes. Petitioner should consider vegetating at least
portions of the littoral shelf zone with native species of
aquatic plants. (NPu~D would be pleased to provide pertinent
information concerning native species).
Detailed site drainage plans and computations for Tract "A"
shall be submitted to the County Engineer for review. Fo
const~uction permits shall be issued unless and until approval
of the proposed construction in accordance with the submitted
plans is granted by the County Engineer,
No building construction permits for Tract "A" will be
authorized until proof of apjroval of the modification of the
Water PLanagement Plan ia received fro~ South Florida Water
Hanagement District.
Excavation Per. it Nos. 59.136 & 59.276 shall be te~inated for
the off-site removal of excavated material prior to the
platting and/or development of the adjacent residential
parcels.
The developer shall provide a fair share contribution to the
capital cost of s traffic signal at the proposed access on
Radio Road opposite Brettone Park when deemed warranted by
the County Engineer. The signal shall be owned, operated and
maintained by Collier County.
Primary access to the co~ercial tract s,;:ll zemain via
internal roadways; secondary access to/from Radio Road and
Santa Barbara Boulevard shall be in accordance with Ordinancs
82-91 and the County reserves the right per ordinance to deny
direct access should such access adversely impact roadway
capacity on Santa Barbara Boulevard and/or hdio Road.
A secondary access consisting of a "right turn-in" or a "right
turn-out" or both turning =ow,men,s that does not reduce
capacity of the arterial roadway (Radio Road) shall be
provided. This would ba mitigated through the use o£ a
tapered merge lane and/or a tapered right turn lane.
Construction of such road access would comply vlth FDOT
standards and applicable County ordinances.
Secondary access to and from a collector (Santa Barbara
Boulevard) would be subject to the same stipulations described
in "a" and 'b" previously.
A distance of 180 feet from intersection right-of-way to curb
cut will be required for all primary access on arterial or
We
Xe
ye
secondar~ roadways wi~h the exeption of the ~corner
of the intersection of Santa Barbara Boulevard and Radio Road
which may be less than li0 feet subject to stipulations~O ~
through ~.~bove.
Any access approved and constructed within the public
right-o£-way shall remain for permissive use and shall not
operate to create or to vest any property right.
A~ditionally, should unsafe cocdicions result from the
construction and operation of such access improvemsnts, the
County reserves the right in accordance with Ordinance 82-91
to require the alteration, relocation, and/or removal of
access improve~nta.
a .... :'.':le~=~-nt ?lan ~I~) shall be submitted for revit~
and approval by the Planning and Zoning Department for tha
proposed access points,
The Utilities Stipulations contained in our memo dated August
7, 1985 for Petition PDA-85-10C which were not included in
Ordinance 85-75 must be incorporated into the amended PUD
document and a copy of the document submitted to this office
for review and approval prior to this Petition being presented
tc the Board.
Any eatablishmsnt requiring a CCPHU permit must submit plans
for review and approval.
The PUD document requires the dedicates- of an additional 25
feet right-of-way along the north side c Radio Road. The
Master Plan (H-2) submitted with this amendment does not ahoy
the 25 feet. The 25 feet is still required to be dedicated to
the County for right-o£-vay purposes.
All access drives into the commercial tract shall be in
accordance with Ordinance 82-91 including all requirements for
turn lane improvements.
The Master Plan depicts several "odd" shaped cul-de-sacs, the
design and construction of the cul-de-sacs ,_,'.a_l.l~,b_~ subject to
approval by the County Engineer.
The Master Plan depicts most of the streets as a local road
~ith 60 feet right-of-way. Tbs continuous streets, with 60
feet right-of-~ay shown, that have in excess of 1500 ADT shall
be designed Co minor collector road standards, including
sidewalks on both sides. The determination as Co which
streets will exceed 1500 ADT shall ba determined by a trafiic
aa.
study prepared by the ovners Engineer vhich shall be submitted
to the County Engineer for reviev and approval prior to
preparation of the construction plans and plat.
The Collier County Planning Co;mission recommend the Board of
County Co~issioners find that the proposed changes are not a
substantial deviation
PETI~I~)NER OR AGENT
REPRESENTATIVE FOR CCPC
OF
DAY
SEAL
MY CO~tlSSION EXPIRES:
FDA-87-SC Agreement Sheet
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. 87-83
which was adopted by the Board of County Commissioners on the 13th
day of October 1987, during regular session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 14th day of
October, 1987,
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to Board of
Coun.by-Commissioners
Deputy Clerk