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Ordinance 86-11 RECEIVED ~GING ~ Z~NG ~SIFI~TION OF ~E H~IN D~IB~ ~ ~OP~ ~ A-2 TO "P~" ~OX~X ~ A~ OF CO~C~, ~ A ~ ~ OF 604 ~I-F~L~ D~LING ~ITS FOH P~P~ ~ ON ~E ~T SIDE OF AIn'T ~, ~X~X O~ MILE NOB~ OF S~, ~G~ 25 ~T, 89.6 ~ A~ T~; ~ Cost~C~. pettt~ed the Board of ~Cy C~s~ers to the ~m~ers of Vhich is incorporated herein end by reference made pert hereof. The Of£icl~l Zoning Atlas Hap X~bar 49-25-1, ee described in Ordinance 82-2, ,,~: ~ ~reby. ~ ~ccord~gly. ',~ ? " thaC ~ h~s be~ f~ed ~ch the secre~ of State. ' ' ~-. · '~' '"karch 11, 1986 · " d,,, ASSISTANT COUNTY ATTORNEY 'L. 1-85-30C PUD Ordinance LONE OAK & PLANNED UNIT DEVELOPMENT 89.6 Acres located in Section 1, Township 49 South, Range 25 East, Collier County, rlo=lda PREPARED WILSON, HILLER, BARTON, $OLL & PEEK, INC. 1383 AIRPORT ROAD, NORTH NAPLES, PLORIDA 33942 No~embe=, 1985 L DATE ~$SUED= ~OV~= 22r.1985. DATE APPROVED BY BCC= Ha=ch~ll.r 19'86 ORDINANCE NUMBERs ~6-11 ' _ . · TABLE OF CONTENTS LIST OF EXHIBITS STATENENT OF COMPLIANCE .......................... o. SECTION II PROPERTY OWNERSHIP & LEGAL DESCRIPTION ............. SECTION III STATEMENT ~F INTENT &,PROPERTY DESCRIPTION ......... PAGE 2-1 3-1 SECTION IV RESIDENTIAL LAND USE REGULATIONS ................... 4-1 S~C~ION V NEIGHBORHOOD COMMERCIAL LAND USE REGULATIONS ....... 5-1 SECTION VI GENERAL DEVELOPMENT COHHITNENTS ................... 6-1 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT EXHIBIT EXHIBIT LIST OF EXHIBITS P.U.D. Master Plan WMBS&P File No RZ-127, Sheet 1 Aerial Photograph and Location Map WMBS&P File No. RZ-127, Sheet 2 Boundary and Topographic Survey W~BS&P File No. 5G-140 Environmental Impact Statement - Letter of Waiver Infiltration Test Utilities Memorandum Letter from North Naples Fire Control District STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Mr. Mario Costantini, 667 100th Avenue North, Naples, Florida 33963, hereinafter referred to as applicant or sponsor, to create a P.U.D. on 89.6 acres of land located in part of Section 1, Township 49 South, Range 25 East, Collier County, Florida. The name of this proposed development shall hence forth be known as Lone Oak. The development of Lone Oak as a Planned Unit Develolment will be in compliance with the planning goals and DbJectives of Collier County as set forth in the Comprehen=ive Plan. The residential development with associated recreational facilities will be consistent with the growth policies and land development regulations, of the Comprehensive Plan Land Use Element and other applicable documents for the following reasonss The subject property has the necessary rating points to determine availability of adequate community facilities and services in conformance with the Collier County Co~- prehensive Plan. 2. The development shall be compatible with and compli- mentary to the surrounding land uses. 3. Ail improvements shall be in substantial compliance with applicable regulations. The.cjustering of residential units provides for more common open space and' flexibility in design and shall improve the living environment of the development. The number of egress and ingress points shall be limited so as to minimize the impact upon the traffic flow along Airport Road. The project will be served by a complete range of services and utilities. SECTION II PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 2.01 property Ownership The subject property is currently owned bye Address MarLo Costantini, ~dward & Joan Reynolds Thomas G Peg Reynolds Thomas & Elizabeth Kappauf Fairway Hgts. Invsts., Inc. Raymond & Theresa Fetter Robert & Jane Moates 667 100th Ave., N., Naples, FL 33963 6850 N. Airport Rd. Naples, FL 33942 6800 N. Airport Rd. Naples, FL 33942 3185 70th St. S.W. Naples, FL 33999 91 Fairway Hgts. Dr. Thornhill, Ontario, Canada 125 E. High St.,Elizabethtown,PA 17022 4082 Belair Lane, Naples, FL 33940 2.02 Legal Description The subject property is described as follows~ Parcel 1~ The Southeast 1/4 of the Southwest 1/4 sf Section 1, Township 49 South, Range 25 East, less the South 958.545m of the West 600 feet of said Southeast 1/4 of Southwest 1/4 of Section 1, Township 49 South, Range 25 East, all in Collier COunty, Florida. Parcel 2A~' The South 595.545 feet of the West 600 feet of the southeast 1/4 of the Southwest 1/4 of Section 1, Township 49 South, Range 25 East, Collier County, Florida. 2-1 ------- m mam Parcel 2B: The North 363 feet of the South 958.545 feet of the West 600 feet' of the Southeast 1/4 of the Southwest 1/4 of Section l, Township 49 South, Range 25 East, Collier County, Florida. Parcel 3= The Southeast 1/4 of the Northwest 1/4 of the S6uthwest 1/4 of Section 1, Township 49 South, Range 25 East, Collier County, Florida; subject to a 30 foot right-of-way along north line of said property for road purposes. Parcel 4~ The North 1/2 of the South 1/2 of the North 1/2 of the SW 1/4 of the SW 1/4 of Section 1, Township 49 South, ~nge ~5 East, Collier County, Florida, less and excepting the West 100 feet thereof for state road right-of-way. Parcel 52 The South 1/2 of the South 1/2 of the North 1/2 of the SW 1/4 of the SW 1/4 of Section 1, Township 49 South, Range 25 East, Collier County, Florida, less and excepting the West 100 feet thereof for state road right-of-way. Parcel 62 The East half of the Southwest quarter of the Northeast 1/4 of the Southwest quarter of Section 1, Township 49 South, Range 25 East, Collier County, Florida, less and excepting the North 30 feet thereof for road right-of-way pOrJ~ses. Parcel 72 The West half of the Southwest quarter of the Northeast quarter of the Southwest quarter of Section 1, Township 49 South, Range 25 East, Collier County, Florida, less 30 feet along the North line thereof for road right-of-way purposes. Parcel 82 The west 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 1, Township 49 South, Range 25 Esst, Collier County, Florida, less and excepting the north 30 feet thereof for road right-of-way purposes. :2-2 STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.01 INTRODUCTION It is the sponsorts intention to create a multi-family residential project with recreational and other sup?orr facilities. The units shall be centered around existing and proposed lakes, recreational facilities, and common open spaces. The recreational facilities may consist of swimming pools, tennis courts, a Jogging trail and any other additional facilities as may be deemed desirable. 3.02 COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in substantial compliance with the applicable Collier County Zoning and Subdivision regulations as well as other Collier County developoent codes in effect at the time permits and/or plats are requested. 3.03 FRACTIONALIZATION OF TRACTS When the developer sells an entire Tract or a building parcel (fraction of a Tract) to a subsequent owner, or proposes development of luch property himself, the developer shall provide to the Administrator for approval, prior to the sale or development of such property, a boundary drawing- showing the tract and the building parcel therein .(when applicable).and in the case of a residential area, the number of dwelling units oE each residential type assigned to the property. This drawing shall also show the location and size of access to those fractional parts that do not abut a public street. In the event any residential tract or building parcel is sold by any subsequent owner, as identified in Section 3.03(a), in fractional parts to other parties for development, the subsequent owner shall provide to the Administrator, for approval, prior to the sale or development of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the number of dwelling units 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. c...The developer of any tract must submit a Conceptual Site Plan for the entire tract prior to fractional- lzation of any portion of that tract. The developer may choose not to submit a Conceptual Site Plan for the entire tract if a Final Site Plan is submitted and approved for the entire tract. 3-1 ,= 023. 81 The developer of any tract or building parcel must submit a site plan for his tract or parcel prior to building permit application. This site plan shall be submitted in accordance with the procedures and requirements of the Zoning Ordinance for a site development plan in effect at the time of submittal. In 'evaluating the f=actionalization plans the Administrator's decision for approval or denial shall be based on co.~liance with the criteria and the development intent as set forth in this document, conformance with allowable numbers of residential units and the reasonable accessibility of the fractional parts to public or private roadways, common areas, or other means of ingress and egress. If approval or denial of the fractio'nalization plan is.not issued within ten (10) working days, the sub- mission shall be considered automatically approved. 3.04 LAND USES The arrangement of'land use types is sho~n on the P.U.D. Master Plan. Minor changes and variations in design and acreages shall be permitted at final design to accommo- date topography, vegetation, and other site conditions. The specific location and size of individu~l tracts and the assignment of dwelling units thereto shall be sub- mitted to the Administrator for approval or denial, as described in Section 3.03 of this document. The final size of the recreation and open space lands will depend. on the actual requirements for water management, roadway pattern, and dwelling unit size and configuration. 3.05 PROJECT DENSITY The total acreage of Done Oak is approximately 89.6 acres. The maximum number of dwelling units to be built on the total acreage is 604. The number of dwelling units per gross acre is approximately 6.74. The density ~n individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 3.06 RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with applicable Collier County Development Codes, and the standards and commitments of this document. 3-2 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 in substantial compliance with the Collier County Subdivision Regulations. All necessary easements, dedications, or other instr~ents shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 3.08 LAKE SITING As depicted on the P.U.D. Master Plan, lakes and natural areas have been sited adjacent to existing and planned roadwayW. 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 80-26, Section 8A, as amended by Ordinance 83-3 may be reduced with the approval of the County Engineer. 3.09 EXCEPTIONS TO THE SUBDIVISION REGULATIONS The foilowing requirements of the subdivision regulation shall be waived subject to review and approval by the County Engineer at the time of construction plan submittal.' a. Article II, Section 10: Monuments .where such monuments occur within street pavement areas, they shall be installed in a typical water valve cover, as prescribed in the current County Itandards. b. Article II, Section 17G= Street Pavement Widths (Waive requirements for local roads to have two (2) twelve foot lanes, providing the streets remain private.) c. Article II, Section 17I= Curb Radii (Reduce requirements from forty (40') foot rad'ius to thirty (30t) foot radius at local to local roads.) ~ d. Article XI, Section 17J: Intersections requiring curved streets to have a minimum'tangent cE 100 feet at inter- sections, multiple in%ersections, and street Jogs pro- vided streets remain private. e. Article XI, Section 21= Utility Casings if all utilities are constructed prio~ to pavement construction. f. Article II, Section 17G, Appendix "D", ~ocal Road Typical Sections as it pertains to private ro~ds. g. Article II, Section 17K= Reverse Curves= provided roads remain private. 3-3 SECTION IV RESIDENTIAL LAND USE REGULATIONS 4.01 PURPOSE The purpose of this Section is to set forth the regu- lations for the residential areas shown on the P.U.D. Master Plan as Tracts 4.02 GENERAL DESCRIPTION 4.03 Residential areas designated on the Master Plan are designed to accommodate residential dwelling units, recreational facilities, essential services, customary accessory uses, and compatible land uses. PERMITTED USES AND STRUCTURES No building or erected, altered, or used, or land or water used, whole or in part, for other than the following= structure, or part thereof, shall be in a) Permitted Principal Uses and Structures: 1) Multi-family dwellings. 2) Cjuster housing, group housing or ~at£o housing' subject to site development plan approval. 3) Water management facilities and lakes. 4) On-site wastewater treatment facilities (Trac~ .G only). 5) ~anager's residence and offices. b) Permited Accessory Uses and Structures= 1) Custosary accessory uses and structures. 2) Signs 3) Recreational Facilities. 4) Model units s~all be permitted in conjunction with the promotion of the development. The model units shall be converted to residences at the end of a two year period unless otherwise specifically approved by the County. 4-1 :Mint~ lo~ 'area, tn accordance with Section 3'03 o~ ,th~s doc~en=. ;~';"~ b); Minim~ lot width= in accordance w~th Section 3.03 o~ (- ~. ':this do~ent. c) Hin[=~ distance betveen principal structures: one-half the s~ of their heights. d) Setback from internal right-of-way and project boundaries thirty feet (30'). e) ~aximum height of structures: 3 habitable stories. f) Minimum floor area of residential dwelling: One bed- room 550 square feet. (maximum of 40% of units.) bedroom - 850 square feet. q) Utility plant setback from P.U.D. external boundary: 50 feet. A buffer shall be provided in accordance with the requirements of the Zoning Ordinance. 2, Minimum standards for parking, landscaping, signs and lighting shall be in accordance with applicable County standards and regulations in effect at the.time permits are a~ght. 4-2 SECTION V NEIGHBORHOOD CO~L~ERCIAL TRACT 5.01 PURPOSE The NeiGhborhood Commercial Tract ia intended to provide the small scale shopping and personal needs of the project residents and surrounding residential areas and within convenient traveling dis~ance, as set forth in the Comprehensive Plan. 3.02 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? 1) Permitted Principal Uses and Structures: a) Automobile service stations without repairs. b) Baker shops - including baking only when incidental to retail sales from the premises~ barber and beauty shopa~ bicycle sales and service. c) Child care centers, convenience stores. d) Delicatessens! drug etoras~ dry cleaning - collecting and delivering only. e) Food markets. f) Bardware stores. g) Ice cream shops. h) Laundries - self service only. i} Meat markets, medical offices. J) Post offices. k) Repair shops - radio, TV, small appliances, shoes~ and restaurants - not including drive-ins. 1) Shopping center - not to exceed 25,000 square feet. 5-1 Veterinary clinics - no out~ide kenneling. n) Any other convenience conune~cial use which is comparable in nature with the foregoing uses and which the Planning and Zoning Director determines to be compatible in the district. 2) Permitted Accessory Uses and Structures= a) Accessory uses and associated with the district. structures customarily uses permitted in this ~.03 DEVELOPHENT STANDARDS= 1) Hin[mum Lot Area= 15,000 square feet. 2) Hlnimu~ Lot Width= One hundred (100) feet. 3) Min~um Yard Requirements= a) Front yard - Fifteen (15) feet within which no parking shall be allowed nor any merchandise stored or displayed. b) Side yard - None, or a minimum of five (5) feet with unobstructed passage from f%nt. yard to rear yard. c) Rear yard - twenty-five (25) feet. d) Any yard abutting a residentially zoned parcel - fifty (50) feet. e) From tract boundries - twenty-five (25) feet 4) Maximum Height= Thirty (30) feet above the finished grade of the lot. 5) Minimum Zoned Area= Two (2} acres. 6} H~n~mum Floor Area of Structures= 1,000 square feet per building on the ground 7) Distance Between Structures= Same as for s~deyard setback. 8) Access to the commercial tract shall be from the internal street only. 5-2 5.04 1) Minimum standards for parking, landscaping, lighting, and signs shall be in accordance with applicable Collier County regulations in effect at the time permits are sought. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 2) Merchandise Storage and Display: There shall be no outside storage or display of merchandise. 3) Required Landscaped Buffer Area= When abutting residentially zoned districts, as required in Section 8.37. of the Zoning Ordinance. 4) Prior to fractionalization, a conceptual site plan shall be submitted and approved by Collier County, in aC6ordance with Section 3.03 of this document. 5) The commercial tract shall be heavily buffered on the west, south, and north sides or walled, and entrance from east side, and signage to be reviewed with staff at time of site plan submittal. 5-3 6.1 PURPOSE The purpose of this Section is to set forth the general development commitments of the project. 6.2 PUD MASTER DEVELOPMENT PLAN The PUD Master Plan (Wilson, Miller, Barton, 6oll & Peek, Inc., Drawing File No. RZ-~27), is an iljustrative preliminary development plan. The design criteria and layout iljustrated on the Master Plan shall be understood as flexible so that, the final design may satisfy the project and comply with all ap- plicable requirements. Acreages shown on the P.U.D. Master Plan are a~roximate and minor changes to accommodate final engineering plans mustbe approved in accordance with Section 3.03 of this document. All necessary easements, dedications, or other instru- ments shall be granted to insure the continued operation and maintenance of all service utilities. Minor design changes shall be permitte~ subject to County staff administrative approval. Areas iljustrated as 'lakes' shall be constructed lakes, or upon approval, parts thereof may be green areas in' which as much natural foliage as practical shall be pre- served. Such areas,.lakes and/or 'natural green areas, .shall be of general area and configuration aa shown on the Master Plan. f. Polling places shall be permitted as deemed appropriate. 6.3 TRANSPORTATION AND TRAFFIC IMPACT In accordance with Ordinance 85-55, requiring development to contribute its proportionate share of funds to accommodate the impact of proposed development on area roads~ Lone Oak or its successors or assigns, agrees to pay road impact fees in accordance with the adopted fee schedule, at such time aa building permits are requested. Lone Oak further agrees to pay its fair share for all intersection improvements at the project's access point deemed necessary by the County Engineer. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Kanagement Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. b® All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance pro, ram shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Development Division. Ce If du~ing the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that loc~tion shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural ~esource~ 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. de Within reason, the scattered slash pines, wax myrtles, and willows of the north-central sector should be incorporated into the landscaping plans. Water management plans should be devised to prevent (or minimize under high volume conditions) runoff from flowing off-site, i.e., to lessen the possibility of contamination of environmentally sensitive areas of the County. 6-2 6.5 WATER MANAGEMENT CONSIDERATIONS: a. Detailed site drainage plans including provisions for accommodating off-site runoff shall be submitted to the WMAB and the County Engineer for review. No con- struction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the WMAB and the County Engineer. An Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and as may be amended in the future. The existing lakes on the site shall be reshaped and side slopes resloped to comply with the Ordinance. Ce Developer shall be responsible for the following along its entire Airport Road (CR-31) frontage in coordination with proposed AirpOrt Road improvement plans: 1. Construct necessary improvements to the borrow canal along the east side of Airport Road. Such construction to occur when the portion of the project adjacent to Airport Road is constructed -or in conjunction with the adjacent Airport improvement project - whichever occurs ~irst. 2. Preparation of necessary additional easements along the east side of the improvement borrow canal to allow for construction of a travelway for use by the County's maintenance equipment. Such easement to be 20 feet wide and restricted against permanent structures; use of the easement for activities that will not interfere with occasional County maintenance will be allowed. Installation of a 8' x 6' culvert at proposed entrance road location placed on the relocated canal centerline at such time as the driveway is installed. 6.6 TRAFFIC] There shall be only one point of access to Airport Road. Access to the tract designated commercial shall be internal. be The developer shall provide left and right turn lanes on Airport Road at the project entrance. This does not imply that a median opening will be provided when Airport Road is four-laned. 6-3 The-developer shall provide a fair share contribution toward the capital cosb of a traffic signal on Airport Road at the project entrance when deemed warranted by the County Engineer. The signal will be owned, operated and maintained by Collier County. d. The de~eloper shall provide arterial level street lighting at the project entrance. e. The above requirements are considered 'site-related' improvements as defined in Ordinance 85-55 and shall not be applied as credits toward any required i~pact fees. Sidewalks/bike path shall be located on both .sides of the main project road as shown on the master plan. However, subject to approval by the Engineering Department and Planning Department, relocation of the sidewalks/bike- paths'may be approved through a master sidewalk/bikepath plan. fo NO more than ll0 dwelling units (20%) be certified for occupancy until such time that Airport Road from Pine Ridge Road to Immokalee Road is four-laned and further, that no commercial develot~ent be permitted until the four-laning is completed. h. Roads within the project may be publl= or private. Public roads shall be designed in accordance with applicable County standards. 6.7 UTILITIES~ The Utilities Division ~eviewed this Petition and has no objection to its approval subject to the stipulations per their memo dated November 27, 1985, attached as Exhibit 'F'. 6.8 ENVIROHHENTAL HEALTH a. The wastewater treatment plant must be permitted by D.E.R. b. l~y establishment requiring a CCPIKI permit, nust submit plans for review and approval. 6.9 FIRE CONTROL DISTRICTs The North Naples Fire Control District reviewed this Pe[ition and recommend approval subject to the following stipulation~ a. A drawing of the proposed fire hydrants and water mains must be submitted and meet the North Naples Fire Control and Rescue District guidelines. 6-4 Developer acknowledges and agrees to development service fee required by North Naples F~re Control and Rescue District per letter dated February 5, 1986, attached as Exhibit 7.0 MISCELLANEOUS Construction shall begin within three (3) years from date o~ Board of County Commission approval of the project. 6-5 I~OOt( ~'03'~ 9~ o t l ~.' Il'it I~I Il ! I I I i I I il.,, · I~ COLLIER COUNTY GOVERNMENT COMPLEX RATURAL R.~$0URCF. S )f,~ACDENT DEI:'~ Exhibit D 2~, '1985 ~,r. Alan Reynolds, AICl~ Pl-~g Director I~83 ~o~ ~ ~o~h ]aplel~ ~o~da 339&2 ~: Harto CostKatt'r,.~ propert~y (Section 1, Township 19 S, Range 25 E) Desr ~3.: I n ~ranting your request for waiver of the E.I.S. for this 91 adre parcel since the l~d hss been cleared and far.ed extensively. If you have any questions, please feel free to contact m at C, E/yard Proffitt, Ph.D. "a301 TAMIAMI TRAIL EAST NAPLES. FLORIDA 33962*4977 81~-774-8999 L · EXhibit EE .' I MEMORANDUM November 27, 1985 DATE: · e: Petition R-85-30C - PUD, Lone Oak have reviewed the above referenced Petition and have no objection co rezone es requested. He,ever, we require cbs following sCipulac~ons a condition to our rsco~endacion for approval: A) Water & Sever 1) Water distribution and sewage collection and trsne~iasion · ysce~ will'be constructed throushouC the project development By the developer purecanc Co all current requirements of Collier County and cbs State of Florida. Water and sewer facilities constructed within plaCced rishCs-of-~ay or within utility easements required By the County shall Be conveyed co the County for ownershAp, operation and- ~ainCenance purposes pursuant Co appropriace County Ordinances and regulations in effect ac the t~me of conveyance. All water an~ sever facilities constructed on private property and nsc required by the County Co be located within utility easements shall be owned, operated and ~aincained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be casted Co insure they meec Collier County's utility construction requirements in efface aC the time of conecrucc~ou com- pletion. The above Casks ~usC be completed Co the aaCisfac~ion of the Utilities Division prior Co placing any utility facilities, County owned' or privately ~wned, into service. The water facilities shall be ~urned over Co the City of Naples. 2) All construction plans and technical ~pecification~ and proposed plats, if applicable, for the proposed water distribution and sewage collection and Cran~ission facilities smsC be reviewed and approved by the Utili~ies Division prior Co commencement of construction. 3) All customers connec~in8 Co ~he sewage collection facilities will be customers of ~he County and will bs hilled by the County in accordance with the County's established ra~es. Should the County nsc be in a pusicion to provide sewer service Co the project, ~he sewer customers shall be customers of ~he interim utility established Co serve the project until' the County's off-site water and/or sewer facilities are available to serve ~he project. Water supply and billing shall be provided by =he City of Naples, inCerLmly. &) lZ is anticipated ~haC the County Utilities Division ~lll receive and Crest ~he sewage generated by chis project. Should County system no~ be in a position Co receive the project's wasCewater ~he time developmen~ commences, the Developer, aC his expense, install and operate interim on-siCs sewage treatment and d~posal facilicies adequate Co meeC all requirements of Cbs appropriate regulatory agencies. 'L. 5) An ~remuuc shall be entered into between Ohs Councy ami the DeveIopsr, binding on the D~el~r~ his assize or successors, ~ally ~or ~h~ pressed pro]~c~ s~a~ing ~) ~ proposed ~-st~ vas~a~r ~r~a~n~ and disposal facili~, r~quir~l~ ~r~ ~o b~ cas~c~d as par~ of ~h~ proposed pro]~c~ a~ be ~e~arded as in~r~; they s~ll be =sc~cCed co State and F~eral s~udards and are Co be ~ed, ~eraCed a~ u~C~ed by Cbs ~eve~er, his assi~s or ~ccesso~s ~Cil ~ch C~ as the C~Cy's of~-sice sever facili~ies are available to se~tce the project. ~e inCer~ Cr~nC facili~ies a~lI supply se~ices ~ly Co ~hose lands ~ed ~ Developer and appr~ed ~ ~he C~Cy ~or develo~n~. ~e uC~iCy fac~i~(ies) ~y uo~ be n~ded ~o pr~ids e~r sauce ~s~s ~hs develo~n~ bounda~ approved ~ the C~ ~hou~ ~he ~i~an o~ ~he b) Up~ c~acti~ ~o the ~y~s off-si~e s~nr facili~ins, th~ ~veloper, his assign or ~ccassors s~ll aband~, di~le and fr~ the si~e the ~nr~ s~ge ~rea~ facili~y. M1 ~rk ~ed ~h ~his activity sMll be parfo~d a~ ~ cosK ~o ~he County. c) ~ec~i~ ~o the ~'s o~f~iCe s~r facili~ies ~11 be ~e ~he ~ers, ~heir assi~ or ~ccessors a~ no cos~ ~o ~he C~y ~n 90 days ai~ar. ~ch facill~ies b~c~ aval~ble. ~e con~ of c~ec~l~ s~ll ~clude, bu~ no~ be l~ced ~o, all ~gineering desi~ and prepara~i~ of c~s~c~i~ goc~nKs, pe~in~, ~dif~ or refiCC~g of s~ge ~g fac~i~iee. ~Cerc~cCi~ ~Ch ~Cy off-siCs facilities, ee~r l~es necessa~ co m~ the c~ecc~(s), d) AC chi c~ ~unc~ o~-s~ce e~e~ facilities aFe ava~ble ~oF oho pFo]ecc co co~ecc ~ch; the ~oll~ns e~oF fac~l~c~ea shll be ~veTed Co the ~cy pur~C Co appropr~Ce ~cy ~d~cem ~ ~ e~fecC aC the C~S 1) ~1 sever IaciliCits c~sC~cCed ~ ~blicly riAhCs~f~ay or ~ch~ uCili~ e~nce re.ired ~ che ~cy ~Ch~ the project l~Cs ~d Chose facilities required Co ~ c~ecci~ ~ch Ohs off-siCs s~er [aclliCiesl or, 2) ~1 ee~r facilities required co c~ecC Ohs pro, acc co c~ ~cy~s sift-sics sever facilities ~en the on-sics ~acilicies are consc~cced ~ privace property and nsc by the C~ncy Co be located ~Chin utility ease~nCe, ~clud~A buC ~c l~ced Co the a) Kat~ sewage lift station and force mia inter- connecting with the C~ e~r facilities ~clud~g e) ~e ~sC~rs se~ed ~ an inCer~ basis by the utility c~sC~cced by the D~eloper s~ll bec~ ~sC~ers of the ~Cy ac ~he project and ~ch c~nscCia is uds. Prior Co c=eccion o~ the prelect to the ~nty's off-sics s~er facilities the Developer, his assize, or ~ccessors s~ll tu~ ~er to the ~ty a c~lete lis: of the se~ed by the ~cer~ utilities ~sC~ and s~ll nsc c~ete ~th the ~nCy for the semite of those ~sC~rs. ~e 9eveloper s~ll also pr~de the ~ncy ~ch a detailed MtnCoU of the flciliCies se~ed ~chin the project and the entity ~ich ~11 be resp~sible for Cbs se~ict billies [or the project. f) ~1 c~sc~cCi~ p~s ~d Cec~l specificaci~ re.Ced co ~ecCl~ Co the ~es off~ice sm~ fac~iciss ~11 be ~cced Co cb Utilities Division for ~ and appr~al p~ior ~o c~nc~nc of c~C~cCi~. g) The Developer, hie assigns or successors agree to pay all system- dsvslop~tut charges at the tism this Building Permits are required, pursuant to appropriate County. Ord!.mncss and Re~ulations ia ef£ect at the else of Permit request. This rsquirmnt shall be uds known to all prospective buyers of properties for which hildiag perniCs will be required prior co the scare of building construction. h) The County will lease to the Developer for operation and naintenanca cbs sewage collection and transmission system for the sun of $I0.00 per year, when such syeten is not connected to the of£-site sever facilities owned and operated by the County. Tet~e of the lease shall be decernined upon coepletion of the proposed utility construction and prior to activation of the s~vage collection, Cransnission land Creament facilities. The I. ease; if required, shall remain in effect until Ch County can provide sever service through its off-site facilities or until such tin~ that a bulk rate sever service agremnt is negotiated rich the interin utilit~ system eervin~ the project. B) Data required under County Ordiaance No. 80-112 shoving the ava~l- 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 D~R permits for the sewage collection and transaissiou systems and the vascewater treatment facility to be utilized; upon receipt thereof. L .. Ilove~be~ 27, 1985 C) Construction and ownersh~-p of the water and sewer facilities, including any proposed interim water and/or sewage trea~nent facilities, shall be in compliance rich all Utilities Division standards, Policies, Ordinances, etc. in effect at the tism construction approval is requested. D) Detailed hydraulic design reports covering the water distribution and sewage collection and transniss~ou system~ to serve the project must be su~,aitted rich the ¢oustruction docunents for the project. The report shall list all design assmnpCi~ns, demand rates and other factors pertinent to the system under consideration. E) The water distribution ~yete~ extension from the existing City of Naples water facilities located within the Airport Road rights-of-way shall be ¢on~ected adjacent to the project's main entrance on Airport Road, extended throughout the project amd looped hack Co Airport Road along the rights-of-way of Orange Blossom Drive. ~) Section VX, General Development Requirements, emac have a Utilities Section added to it. The POD document shall be revised to make reference to chis memorandum, by date, and specify the Petitioner's acceptance of the stipulacious contained herein. A revised copy of the PUD document emac be submitted to the Utilities Division for review and approval prior co scheduling the Petition for consideration by the Board of County ~mmiss~mera. ':':' ;'ce~' 'D. Reynolds - ~fllaon, F~tller, Bar, on, Bo11 & Peek~ Xnc. Nailes Fi e Control 1441 PINE RIDGE ROAD * NAPLES, FLORIDA 33942 (813) 597.9227 The Notch ~ples Pire Contel & ~esc~e District ham red.ted a Se~ce Fee. ' ~im fee ~11 ~er ~1 n~ c~mt~cti~ ~t~ this dim- t~ict. ~e fees adopted were: resi~t~ ~lli~ ~t8~ $100.00 per ~it; c~rc~l or ~dust=~l mt~c~res, $200.~ for the ftrs~ square feet of ~ross floor area ~d $0.05 per sq~re foo~ ~reafter; ~b~e h~e d~el~s, zec=~i~ or tr~el ~za~e= park d~e~op- ~ese ~ees ~re ~o be paid ~o ~he ~ire d~z~ ~f0re a ~d~ is ~e4 oz c~s=~c~i~ pl~ ~p~ed for · ~b~e h~ d~~=. ~.e fe. ~ be used ~cl~ively fo= ~rchase ~d co~c~n equl~ a~ fmc~&Ciem ze~ired Co pz~e f~e p=otecC~ ~d me~ce ~ n~ c~mc~cci~. l~ I ~ be o~ a~ ammisC~ee Co y~ oc the d~el~e~ of ~ne O~ S~rely, ~ief Alan leynolds, as ovner or authorized asent: for Petition R-85-30C co the follovins stipulations requested b7 t:he Collier County PlanninS Couaission in their I~bl~c hearin8 on February 20, 1986. Ad AJendm~mC of the ~I~ document: per. St.,££ aepo~C, d,,a_ce, d Ye.~,ruary 13, · · ~,,,u~ q-t_~,aI ~ ~,¢tmo~ o~ A-c~]~'~ ' ; ' '~ ' ,> AgreeaeaC ~heec OF COLLZER Z, WILLIAM J. REAGAN, Clerk of Courts in and for the ~wentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original ~DI~ ~O. 86-11 which was adopted by the Board of County Co~issioners during Regular Session on the llth day of March, 1986. WITIt~SS my hand and the official seal of the Board of County Cosmissioners of Collier County, Florida, this 14th day of March, 1986.