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Ordinance 86-62 OIU)INANCE 86- 62 .ORDINANCE AKZNDING 0~ 82-2 P~NSI~ ZONING ~TIONS ~]~O~T~ ~ OF COLLIER CO~, ~RIDA A~ING ~ ZONING A~ ~GING ~ ZONING ~SSIFI~TION OF ~S~IB~ ~ PROPER~ ~ PO~ ~R ~700 D~LING ~ITS C~RC~ 152 AC~S~ FOR A ~PER~ ~T~ ON ~ SO~ SIDE OF ~O~EE ~ (SR 846), ~P~X~Y 1.8 ~LES ~ST 1-75, IN SECTION 28~ T~SHIP ~T ~ PROVIDING ~m~mEAS, Wafaa Y. Assaad, representing A.T.I. of Naples, Inc., c~e ~he ~nS Cl~sificac~ of the here~ described pr~erty; N~, ~~ BE IT 0~ by the Board of ~sioners of ~llier ~ty, ~oridas S~ION 0~ ~e Zo~n~ C~ssifi~ti~ of the ~r~ described real located ~ ~ecc~on 28, T~hip ~8 S~h, ~nse 16 ~aC, Collier ~, Flort~ is c~ged fr~ A-l, A-2, a~ A-I "S~ Co ~" Pl~ed UniC Deve~en~ ~u &ccord~ce ~Ch the ~ do~nc attached hereto as ~ibi= "A" whAch is ~co~ora~ed herein ~d by re~erenca ~de pa~ hereof. ~e Official ~g A~hs ~p N~er ~8-26, described in Ordi~nce 82-2, is hereby ~nded acco~d~ly. S~ON ~ ~ ~is Ord~nce s~ll bec~ e[fec~iva upon rece~p~ ,f no~ica ~ha= is ~s Been filed ~th ~ha Secra~a~ of S=a~e. ,. ""' R-86-9C PUD Ordinance FOR Approved by Board of Co~mty Commissione~s on S~ 16, 1986 .SECTION I SECTION II SECTION III SECTION IV SXCTIO~ V SECTION VI SECTION VII INDEX AND LIST OF EXHIBITS 6'ENZRAL DEVELO~ IN~OI~HATION PROJECT DEVELOP~S'T STANDARDS RESIDENTIAL AREAS '~" CO~M]~CIAL AJL~A "C" PRESEJtVE AREA "P" GOLF COURSE "G.C." DEVELOPMENT ~S LIST OF EXHIBITS PAGR 1-1 2-1 3-1 7-1 E~HIBIT A Pl~LIHINARY NASTE~ ~ SKETCH 220 1.01 SECTION 1 GENEI~kI, DEVELOPKENT INFOIUIATION INTRODUCTION AND PURPOSE 1.02 It is the intent of JflmyR. Adkins (Agent)) hereinafter called "applicant" or "developer"~ to establish and develop a Planned Unit Development (PUD) on certain properties located in Collier County, Florida. ~IORT TITLE This Ordinance/PUD development sh~%l be lmov~ an= cited as The Dove Pointe PUD. 1.03 Oh"IFl"KD CONTROL Subject property is currently under the u~ified control of the Applicant/Developer. STATemeNT OF COt~IANCE This PUD is consistent with the Comprehensive Plan and other applicable development regulations in Collier County. 1.05 CK~RAL DMCRII~ION Subject property is approximately 252 acres located on Y~okalee Road. It is the intent of the Developer to provide a quality development in accordance with this document. 1.06 LEGAL DBCRIPTION Parcel I Co~ncing at a ~onument at the northeast corner of Section 28, Township 48 South, Range 26 East, and ~onnin8 thence along the east line of said Section 28, South 2' 15' 00" East 1,676.17 feet to ~he Point of Beginnini; thence running eith the remainder of said east line South 2' 15' 00' East 3,673.63 feet to a ~onm~nt at the southeast corner of Section 281 run thence along the south line of Section 28, North 89* 57' 00" West 1,981.53 feet; thence run North 2® l&t 07" West 334.25 feet; thence run North 89® 57' 11" West 660.47 1.i® feet to a point on the west line of the east half of Section 28; thence rum alonE this line North 2® 13' S0" West 3,337.91 feet; thence run South 89' S8' S2' East 2,640.6? feet to the Point of Beginning; subject to easements and restrictions of record. Parcel 2 · Commencing at a monument at the northeast corner of Section 28, Township 48 South, Range 26 East and run thence along the north line of said Section 28, vest 1,980.09 feet to the Point of Beginning; thence running alone laid North line 660.03 feet; thence leaving said line and runninE South 2' 13' 50" East 1,672.29 feet to a monument; thence run South 89' S8' S2" East 660.17 feet to a ~onument; thence run North 2' 15' 00" West 1, 676.12 feet to the Point of Beginning; subject to easements and restrictions of record. , Parcel 3 Commencing at the southeast corner of Section 28, To~ ~ip 48 South, Range 26 East, Collier County, Florida; the., $ North 89' 57' 00' West 1,981.23 feet to the Point of Beginning; thence continuing North 89' 57' 00" West 660.50 feet; thence North 2' 13' 50" West 334.22 feet; thence South 89' ST' 11" East 660.I? feet; thence South 2' 14' 07" East 33A.25 feet to the Point of Beginning; subject to easements and restrictions of =ecord. Parcel ~ The east half (t) of the northeast quarter (i) of the southeast quarter (¼) of the northwest quarter (i) of Section 28, To,reship 48 South, Range 26 East; subject to easements and restrictions of record. (All containing 252 acres of land more or less.) 1-2 SECTION II PROJECT DEVELO~ STANDARDS 2'.01 PURPOSE The l~rpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. 2.02 GENERAL PLAN OF DEV~O~ Dow P~lnte is · planned co~=~nity, which includes, but is not limited to, a mixture of residential and co~ercial ~ses, golf course, open space/parks and preserve areas. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCE~ The project is intended to be in substantial compliance with the applicable Collier County general zoning end subdtv~-ion re~ulations as well as other Collier County development codes in effect at the time pemit plats are requested. 2.04 DEVELOPMENT AND FRACTIONALIZATION OF TRACTS When the developer sells an entire Tract or a building parcel (fraction of · Tract) to · subsequent owner, or proposes development of such property himself, the developer zhall provide to the Administrator for approval, prior to the development of the tract by the developer or prior to the sale to a subsequent owner of such property, a boundary drawing showing the tract and the building parcel therein (when applicable) and the square footage assigned to th· property. The dr·wing shall also show the location and sizo of access to those fractional parts that do not abut a public street. In the event any tract or building parcel is sold by any subsequent o~ner, as identified in Section 2.0~(A), in frac- · tional parts to other parties for development, the subsequent owner shall provide to the Administrator, for approval, prior to development of the tract by the developer o~ prior to the sale to a subsequent owner of · fractional part, · boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the square footage assigned to each of the fractional parts. The drawing shall also show the location and size of ·cceea to those fractional parts that do not abut a p. tblic street. o. 2& C. The developer of any tract ~ust suhnit · Conceptual Site Plan for the entire tract in accordance with Section 2.5 of this document prior to Final Site Development Plan submittal for any ~or~ion of tMt trac~. ~ developer ~y choose not to a Conceptual Si~e Plan for the entire tract if a Fin~l Site Plan is submitted and approved for the entire tract. D. ~e developer of ~ny tract or ~ilding pa~cel ~t'su~it~ prior to or at the s~s t~e of applicatt~ for a peri=, a detailed site development plan for his tract or parcel in.confo~nce with the Zoning Ordi~nce r~quir~nts for site' develop~nt plan approval. ~is pl~ shall ~ c~pliance with any approved ~ncept~l flits ~1~ as well sll criteria within this doc~ent. In evaluating the fractionalization plans, the Ad~inis~rator'a decision for approval or denial shall be based on compliance with the criteria and the development intent as set forth in this docuaent, conformance with allowable amount of building square footage and the reasonable accessibility of the frac- tional parts to public or private roadways, common areas~.or other means of ingress and egress. If approval or denial ia not issued within tan (10) working d~ys, the submission sh~ll be considered automatically approved. 2.05 PLAN APPROVAL FUll Conceptual Site Plan Approval Process '' l~hen PUD Conceptual site plan approval is desired or required by this docu=ent, th~ following procedure shell be £ollo~d~ A written request for conceptual site plan approval sh~ll be submitted to the Director for approval. The request shall include materials necessary to d~nstrate that the approval of the conceptual site plan will be in h~rmony with the general intent and purpose of this document. Such material may include, but is not limited to the folloving, where applicable: Site plans at an appropriate scale sho~ing proposed placa=~nt of structures on the propertyl provisions for ingress end egress, off-street loading areasI yards and other open spaces. b. Plans showing proposed locations for utilities hookup. c. Plans for screening and buffering. In the case of cjustered buildings required property develop° ment regulations may be waived or reduced provided a site plan is approved under this section. 2-2 A fee consistent with the current fee schedule for County .-. , sits lSavelopment Plan appr~al s~ll acc~y the ca~t~, unless a specific fee for ~c~pt~l Sits PI~ Revie~ is adopted. If approval or denial ts not in~nd.w~thin tw~ty (20) ing days, th~ su~isn~on s~ll ~ c~s~.dered 'aut~tically approved. B. Site Development Plan Approval Process Site Development Plan approval, when desired or requested by this document, shall follow the procedure as outlined in the Zonins · Ordinance. ~ 2.06 The follovinR table is · schedule of the intended land uss types, with approximate acreages ·nd total dwelling units indic·ted. The arrangement of these land use types is shove on Exhibit "A", Pre- li~tnary Master Plan Sketch. Hinor c.h~nges ~nd variations in deafen ' and acreages shall ba per~itted at final design to acco=modate topog~ raphy, vegetation and other develolment or site condi~ions. The specific location and size of individual tracts and the assi~=en~ of dwellin~ units thereto shall be submitted to the Administrator for his administrative approval or denial in accordance with Section 2.04. APPROXIMATI~ LAND USE DISTRIBUTION Su~uULE LAND USE DESIGNATION.' ' ~olf Course, Parks, Buffer Ar~s, APPROX. NUMBER O~ CO~RCIAL 85 700 8 ,SC 000 32 19 TOTAL 252 700 80,60o: '1 Does not include any open space or recreational stile that' my be located within other la~d use tracts. 2-3 2.07 2.08 PROJECT DENSITY AND INTENSITY The total acreage of the project is approximately 252 acres. maximum number of dwelling unite to ba built on the total acreage is 700. The number of dwelling units per gross acre is approximately 2.78. The density on individual parcels of land throughout the pro- Ject may vary according to the type of housing placed on each parcel of land. The maximum square footage of the proposed commerci&l/shopping uses is 80,000 square .feet. It is roughly estimated that this square foot- age may be utilized as 35,000 professional and 45,000 square feet es retail. EASEMENT FOR UTILITIES Easements shall be provided for water mmagement arees/1.'es, utilities a~d other purposes as may be needed. All necmssary easements, dedications, or other instrtm~nts shall be granted to insure the continued operation and maintenance of all service utilities in kubstantial compliance with applicable regulations in effect at the time approvals are requested. 2.09 ZSSEFrIAL SERVICES Essential services are considered aa an acceptable per~itted use on all land use categories within the project. 2.10 EXCEPTIONS TO THE COLLIER COUNTY SUBDMSION REGULATIONS Article X, Section 16: Sidewalks/bicycle paths will be provided on one aide of the street. Article X, Section 19: Street name markers end traffic davicaa shall be approved by the County ~ngineer but need not ~eet the U.S.D.O.T.F.H.W.A. ltanual on unifom traffic control devices. Street pavement painting, striping and reflective edging on secondary road system ehall be waived. Reflective edging of main road system shall be waived. C. Article XI, Section 10~ PP~t'a installation in · typical water valve cover shall be waived. D. Article X, Section 24: The requirement of utility casing installation aha11 be waived. E. Article XI, Section 17R: the 1,000 ft. maximu~dead-end street length requirement shall be waived. 2-& t 2.11 Article XI, Section 17II5 Back of curb radii at street intmr- sections shall be a minimum of 30 ft. (Local to local streets only). Article XI, Section 175: The requirement for 100 ft. ninimum tangent at intersections of secondary road system will be vaived; (Approved for private roads only subject.to farley and approval of the County Engineer et time of construction plan approval. This exception shall not be granted for the --in entrance road). Article XI, Section K: The requirement for 100 ft. tangent sections between reverse curves of secondary road system shall bs waived. (Approved [or private roads only subject to reviev and approval of the County Engineer at time of construction plan approval. This exception shall not be granted for th. main entrance road). I. Article XI, Section 215 The requirement for blank utility castnss sh~ll be vaivsd. AI{GICULTURgUSE ., Argic~ltural uses including related accessory uses and structures are considered as acceptable pe~nitted us,is in ill land use cate- sories, except in the preservation areas, in the project, until residential building permits ara isried in compliance vtth this document. 2-5 3,01 S~IION III RZ~I~ZN'I~ ~J~ "R" The p~rpose of this Sect~o~ ts to set forth the re~ulations for the areas deeiBnated on ~xhibit "A", PrelimiMry Master 21an Sketch, as Residential. 3.02 t~X33~H D~'~..LING UNITS . A maximum number .of 700 dwelling units may be constructed in all of ~ residential parcels. 3.03 ?~i~-1-~,, USES AND STRU~ No b~llding or structure,or part thereof, sh~ll b, erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structuroe: Single Family l~ellings provided that the single family uses are not intermingled with =clti-family uses within the e~ development POD/Parcel. (All single family areas shall require subdivision Haster Plan approval and platting). dwellings. 3. Water ~nage~ant facilities and lakes. B. Permitted Principal Uses and Structures Requiri~& Site Plan Approval: Villas, clu~ter amd group housing, to~nhousee, garden apartments, patio ho~es, zero lot lines and two (2) family dwellings. C. Permitted Accessory Uses and Structures: 1. Customary accessory uses end structures, including but not limited to private garages end private s~imming pools. 2. Signs as permitted by the Collier County Zoning Ordin~nce in effect at the ~ime permits are requested. Model homes shall be permitted in conjunction with the promotion of the development. Such model homes shall be permitted for a period of one (1) year from the initial 3-1 use as a eodel. The Planning/Zoning Director ~ay authorize the annual extension of such use upon ~rritten request and Justification. PROPI~IW DLrVIiLOPHENT 1L~qJI~TIONS 3.01.0i 'iEN'ERAL: Ail yards, set-ba~ks, etc., shall be applied in relation to the individual parcel boundaries. 3.06.02 HINIHUH LOT AREAS AND DIHENSIONS FOR SINGLE FAHILY DETACHED: Area Frontage 10,000 Square Feet 80'Feet Interior Lots 95 Feet Corner Lots 80 Feet Cul-de-sac and odd shaped lots. (Measured et the front yard setback arch). 3.0a.03 HINIH~SETBACKS: Front Side Single Family Detached Dw~llings~ 25 Feet ?.$ Fee~ One Story 10.0 ~eet T~o or~ore atories Rear 20 Feet Golf Course or Lakes or Re- 20 Peet 3.04.04 B. All Other Duelling Typeas. Twenty (20) feet from POD/Development Parcel/Tract Line. The distance between any two principal structures on the am parcel shall be fifteen (15) feet or a distance equal to one-half (t) the sum of their heights, whichever is greater. HAXIHUH BUILDING HEIGHT~ . Three (3) habitable/living stories above parking. 3.04.05 WINDr~ FLOOR 750 Square Peet~ 3.04.06 SIGNS AND HI'h'INUH OFF-STREET PARKING~ As ~ay be permitted or required by the applicable Collier County Zoning Ordinance in effect et the tt~e a pemit is requested. 3-2 3.04.07 CONCEFTUAL PLANS: Approval of a Conceptual Site Plan shall b~ required for all PODs/Parcels shown on the P~D Master Plan prior to Fracttonalization. .!' COM~fl~CIAL "C" 12e purpose of this Section is to sat [orth the re~ulattons for the areas designated on the Prelimin~ry H~sater Plan Sketch, as Con~nerciel. ~.02 ~lf. tU~'t-t-~.~ USES AND No building or structure, or per~ thereof, shall be erected, altered or used, or land or water used, in v hole or in part, for other than the following= A. Permitted Principal Uses and Structurms= ' 1. Automobile service stationa without repairs. Baker shops - including baking only~hen incidental to retail sales from the premisesl banks and financial institutes; barber and beauty shops; bicycle sales and service. 3. ~hild care centers. Delicatessensl drug storeel dry cleaning - collecting and delivering only. 5. Yood markets. 6. Hardware stores. 7. Ica cream shops, ice sales (not includins ice plants). g. Imtmdrias - self service only. 9. Heat Markets, medical offices, 10. Post Offices; professional offices. 11. Repair shops - radio, TV, sn~ll appliances, shoes; and restaurants - not including drive-ins. 12. Shopping center - not $o exceed 25,000 square feet. 14. Veterinary clinics - no outside kenneling. Any other convenience co~rcial use which is comparable in nature with the foregoing uses and which the Zoning Director determines to bm co~patible in the district. Permitted Principal Uses and Structures Requiring 3its Plan Approval: 1. Permitted uses with less than 1,000 square feet gross floor area in the principal structure. C. Permitted Accessory Uses and Structures~ Accessory uses and structures customarily associated with the uses permitted in this District. 2. Caretaker's residence. Signs as permitted by the Collier County Zoning Ordinance ---in-effect at the ti~e pemits are requested. 4.03 PROFERTY 4.011.01 4.03.02 All yards, setbacks, etc. shall be in relation to the parcel/tract boundaries. ~I~ SETBACKS ~ From tract boundaries, one-half (t) of principal building height with a minim~ Front (lmmokalee Road or ~lain ~ntrance Road) 1~ feet within which no parking shall b~ allo~ed nor any merchandise ,toted o~ displ~ymd. ~p f~ f~ ~ mr Rear 25 feet East Property Boun~ry T~ent7 five (25) feet Distance between any two principal structuresz Ten (I0) feet. 4-2 i_,.~ ' &.03.03 .'. 1.03.0t 4.03.05 4.03.06 ~ FLOOR AREA OF ~C~ S~: 'thousand (i,000) sq~re feat per ~lldtn8 ~ Brand FJ~IFOH KglGHT OF STRUCTURES~ Thirty (30) feat. SIGNS AND HINIHUH OlrF-sTREgT ~A~: As may ba permit~ed or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. SPECIAL PROPEI~Tt DEVELOPKENT REGULATIONS: Ao Landscaping, buffer areas end supplementary district zoning regulations that may be applicable.to certain uses above shall b~ adhered to unless in conflict with any of intent or the provisions specified herein. Be Harchandise storage end display. Unless specifically per~itted for a given uss, outside storage or display of merchandise is prohibited. C. A Conceptual Site Plan shall b~ approved for the entire site prior to fractionalization. De No permits shall b~ approved for the Conmercial parcel until such time as the 4-1aning of Innokalee Road is complete. E. A Landscape buffer per the requirements of the Zoning ordinance in effect at the tine pemite are required using native veget~ation as much as possible shall be provided along the Easterly line of the Commercial parcel. F. Access to the Co~nercial trick shall be generally internal with any exceptions being designed in accordance with ordinance 82-91 or revisions thereof. 4-3 I~rl:~se' of this Section is set, forth designated on Exhibit No building ~ structure, or pat~c thereo~, s~all for other t~ the foll~ings A. Pri~ci~a'l Uses R~quirin~ Site PI~ Appr~al~ 1. Nature trails incl~ ';3. Pat~ ~d b~idies to .... ~. ~hsr acti~ties for re~tl~, c~semti~, ~d vatl~ when appr~ed ~ ~e Pl~in[/~lng B. Pe~ttted Accesso~ Us~s ~d St~ctures~ 1. Accesso~ uses ~d st~ctures ~t~rily ~sociated with the ~es p~mitt~ ~ this district. 2. Si~s as pe~itted in the zonin~ ordi~ce. in the prese~a area Is subject to zevi~ 6.01 ,~osz The purpose of this Section Ss to set ~orth the regulations for the areas des~nated ~ ~h~b~t ,A"~ ~el~ ~ste~ PI~ Sketch, as ~lf C~rse. po building or structure, or part thereof, shall b~ erected, altered or used, or land or water used, in whole or in part, for other than the folloving~ Permitted Princi[al Uses and Str~ctures 1. Golf Courses; parks; recreational facilities and buildings; open spaces; game courts and the like. 2. On-site utilities (including treatment facilities). 3. Water Hanagement Facilities and Lakes. Any other open space activity which is comparable in nature with the foregoing uses and which the Administrator detar~ine~ to De compatible to t~ District. '. Permitted Accessory Uses and Structures Clubhouses, pro-shop, practice driving range and other customary accessory uses of golf courses, or other recreational facilities. Snmll commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf rouse or other permitted recreational facilities, subject to the provisions of the applicable supplementary resulations of the Zoning Ordinance. Shuffleboard courts, tennis courts, swimming pools, and other types off facilities intended for outdoor recreation. ,00 024,,,,,. 235 signs are !~;~ Ordinance in affect at tbe~,tl~e pereits are .~W,~'c~ "~ requested. ' ' ~ '- , ' ~ - r · ~ conJ~ction ~th the operat~ of th~ Iolf c~rs. as ' datelined to ~ c~atible by the A~inistrator provided tha~ the ~x~ n~r of d~lling ~ite for the entire project s~ll not ~ceed 700 . , '~.'~ 6. Accesso~ ~es and st~ctures ~st~rily with.. -:- -. ' principal uses pemitted in this District. · , :~ " peri~eter boundaries of such plans shall be recorded in the a~e canner as a subdivision plat. 6.03.01 ~e~rsl ~e~vire~e~t~, .- ~' a. ~erall site dell~ l~I1 ~ ~l~s In te~ of I~dscapin[, ~clonri of It~cturel, locati~ of access streets ~d parkin~ 'ar~as ~d location ~d trust of ~ffer ar~s. b. BulldinKs iMll ~ leh back a 'min~ of fifty (~0) fee~ fr~ a~ttins residential districts and the setback area ~11 ~ appropriately landscaped and ~intained to act as a ~ffer c. Lightins factli~ies s~ll ~ arranged in a ~nner vhich viii protect roadvays and nei~h~rin2 properties fr~ direct ilare, or other interfer~ce. ~ ' ~ ~ 6.0~.02 Hax~ ~eilh2 of St~ctures 6.03.03 SiKhs and Hinimum Off-Street Perkin~ As may be permitted or required by the applicable Collier County Zoning Ordin~nce in effect ·t the time · permit is requested. 6-3 024. ,',~. 237 SECTI~ON VII DEVELOPHENT ¢OMHI~S 7.01 t~RPOSE The purpose of this Section is to set forth the general commitments for development of the project. 7.02 DEVELOI~fl~r PLAN A. The proposed Heater Plah iljustrates the tentative develop- ~ent, uses and locations of certain facilities. The design criteria and layout iljustrated on the Master Plan shall b~ understood as flexible so that the final design may beat satisfy the project and comply with all applicable requirements. The size of the assigned land uses may b~ belov; or in- creased over; that shorn on the {taster Plan provided that other applic~ble development regulations are met and that the pre- serve areas and the total of the residential areas shall not be decreased except as may be otherwise allowed ~nder the Provisions of Seation 7.05.F of this document. Do Final design changes in the golf course and residential tract boundaries are considered minor in nature and shall be per- mitted subject to administrative staff approvals provided, however, that: 1. The acreage of the total residential areas shall not b~ decreased. 2. The portions of the golf course shove along the out- side perimeter of the project shall not be relocated. 7.03 USE OF PROPERTY FOR ELECTION POLL~: The use of the common facilities within the project for election centers/polls shall be permitted as may be needed or required by the Supervisor of Elections. 7-1 A. ~ater & ~ever Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for o~nershtp, operation and maintenance purposes pursuant to appro- priate County Ordinances and regulations in effect at the time of conveyance. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assisns or successors. Upon completion of construction of the water and se~er facilities within the project, the facilities will be tested to insure they neet Collier Countyts utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satis- faction of the Utilities Division prior to placing any utility facilities, County owned or privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project the utility facilities shall be conve)~d to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. All construction plans and technical specific~tions and proposed plats, if applicable, for the proposed water distribution and savage collection and transmission facilities Bttlt be review and approved by the Utilities Division prior to commencement of construc- tion. All customers connecting to the water distribution and sewage collection facilities viii be customers of the County and viii be billed by the County in accordance with the County*s established rates.. Should the County not be in a position to provide water and/or sever service to the project, the water and/or sever customers shall be customers of the interim utility established to sewve the project until the County's off-site water and/or sever fac- ilities are available to serve the project. 7-2 It is anticipated that th* County Utiliti,s Division will ul- timately supply potahl* wst*r to m~et th* consumptiv, demand and/or receive and treat th, sewage gansrated by this project. Should the County systma receive the proJectts wastewater at the time development commences~ th, Developer~ at his expense~ will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all require~ents of the appropriate regulatory agencies. An Aireement shall be entered into between .the Co~ty and the Developer. binding on the Developer. his assii~ns or successors. legally acceptable to th, County~ prior to th, approval of construc- tion documents for the proposed project, stating that~ a. The proposed water supply and on-site treatment facilities and/or on-site wastewat,r treatmnt and disposal facllities~ if required, are to be constructed as part of the proposed project and ~ust b~ regarded as interi~ they shall b~ con- structed to Stere and ~ederel standards and are to be owned. operated and ~aintained by the Develope. r~ his assigns or successors until s~ch tim~ as the Countyts off-site water facilities and/or off-site sewer facilities shall supply services only to those lands owned by the Developer snd ap- proved by the County for development. The utility facility(les) ~ay not be expanded to provid, water and/or sewer service outside the development boundary approved by th. County without th~ written consent of th, County. b. Upon connection to the County% off-sitm wa~er facilities~ snd/or eewer facilities, th* Developer. his assigns or successors shall abandon, dis~ntle and re~ov, from the mits the interim water and/or sewage tre,t~nt facility and discontinu, uss of the water supply source~ if applicable, in a ~anner con- sistent with State of Florida standards. All work related with this activity shall be performed st no cost to th. County. c. Connection to the County's off-site water and/or sewer facilities will be ~ade by th, o~ners, their assigns or successors at no cost to the County within ~0 day~ after such facilities become available. The cost of connection shall include, but not be 1haired to. sll engine,ring design and preparation of con- struction documents, per~itting~ ~odification or refitting of existing sewage pu~ping facilities or constrvction of new ~aster sewage pu~ping facilities~ interconnection with County off-site facilities, water and/or sewer lines necesary to ~ake the connection(s), etc. 7-3 fo At 4ne time County off-site water ·nd/or sewer facilities ere ay'liable for the project to connect with, the following' wa.-? and/or sewer f·cilities shall be conveyed to the County pursuant to appropriate County Ordinances and Re~ulations in effect at the time: All water and/or sever facilities constructed in publicly o~ned rights-of-way or within utility easements required by the County within the project limits required to make connection with the Countyts off-site water and/or sever facilitiesl or, All water and sewer facilities required to connect the project to the County's off-site water and/or sewer facil- ities when the on-site water and/or lever facilities ·re constructed on private property smd not required by the County to be located within utility e·aements, includini but not limited to the following: a. Hain sewage lilt'station and force main inter- connecting with the County sever facilities 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 ·ll utility easements necessary. 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 sever f·cilities are available to Serve the project ·nd such connection is made. Prior to connection of the project to the Countyts off-site water and/or sever facilities the Developer, his assigns, or successors sh·ll turn over to the County · complete list of the customers served by the interim utilities system and sh·ll not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facili- ties served within the project and the entity which will be res- ponsible for the water and/or sever service billing for the project. All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facili- ties viii be submitted to the Utilities Division for review and approval prior to commencement of construction. 7-4 Co Do g. Th,~ Developer, his assigns or successors aBree to pay all ayaten development chargee at the time that Building Permits are re- quired~ pursuant to appropriate County Ordinances and Regula- tions in effect at the time of Permit request. This require- ment shall be made known to all prospective buyers of proper- ties for which building permits will be required prior to the start of building construction. h. The County will lease to the Developer far operation and enance the water distribution and/or sewage collection and trans- mission system for the sum of $10.00 per year, when such system is not connected to the off-site water and/or sewer facilities o~ned and operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to acti~Ation of the water supply, treatment and distribution facilities ~md/or the dewage collection, trane- mission and treatment facilities. T~e 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. Data required under County Ordinance No. 80-112 showing the availabil- ity of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction doctunents for the pro- Ject. Submit a copy of the approved DER permits for the sewage collec- tion and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. If an interim on-site water supply, treatment and transmission facil- ity 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 ~lre Control District servicing the project area. Construction and ownership of the water and sewer facilities, includ- ing any proposed interim water and/or aewase treatment facilities, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, Practices, etc., in effect at the time construction approval is requested. Detailed hydraulic design reports covering the water distribution and sewale collection and transmission systems to serve the project must be submitted with the construction documents for the project. The re- ports shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. 7-5 Ho The project's Developer(s), his assigns or successors slmll constz~ct and utilize an on-si~e sec~ dis~i~i~ sys~m for ~he ~e of tr~ted s~age effluent within the pro~ect l~tts~ for ~igation purposes and potentially for fire fl~ ~oses. ~a ~r v~ld ~ responsible for providinl ~11 on-site pipin~ ~nd p~inE flcilitils f~ ~he Colby's poin~ of delive~ to the project ~d viii provide full vet weather on-site storage faciliti~s, as required by the D~ consiste~ with the vol~ of treated wastswater.to ~ utiliz~d. Trea~ed effluen~ ~ill be supplied to the proJec~ pur~ to the ~un~y's es~ablished ra~e schedule. ~e secondary distri~ion sys~ shall be cons~cted pursuant to the findinss of s detailed hydraulic desisn report. ~ report ~s~ be su~i~ed ~i~h t~z const~c~ion doc~en~s for ~h~ project. ~e report sMll lis~ all desisn ass~p~ions, d~nd re[es ~d other factors p~rtinen~ to the sys~ u~der considera~ion. ~hen the County has the ability to provide eewale trsat~nt and dlsposal and water supply services, the l~veloper, his essigns or successors will be responsible to connect to these fe¢ilittee st · point to be established by the County, with the Dew·loper ·esu~ini ell costs for the connection work to be performed. Prior to approval of construction documents by' the Utilities Division, the Developer ~st present verificetion, pursuant to C~apter 367~ Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer end/or water service to the project, if an interi~treatm~nt facility(fee) is required, until the County can provide these services throulh its water end sewer facilities. 7-6 WATER MANAGEM~: Ae Detailed site drainage plans, including golf course grading plans shall b~ submitted to the County Raginaer for review. No construction parmit~ shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. An Ex~avation 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 futura. 7.05 ENVIRONWENTAL CONSIDERATIONS~ A site clearing plan shall be submitted to the Natural Resources Manag~nt Department and the C~,,~nity Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincidr with the development schedule. The site clearin$ l, lan shall clearly depict how the final site layout incorporates retained native vegetation to the maximu~ extent p~ssible ;md how roads, buildings, lakes, parking lots, and other facilities have been oriented to acco~nodate this goal. Native spocies shall be utilized, where available, to the maxinn~ extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Managem~!nt Depar~nent and the Community Development Division for their review a~d approval, prior to the issuance of build- ing pemits. 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 pest activities. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open apace areas, and preserve areas. Following site developnent a maintenance program shall be implemented to prevent rainvasion 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 Divisio~. 7-7 Do If, during the course of site clearing, mxcavation, or other constructional activities an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall b~ imediately stopped and tb~ Natural Resources Hanagernent Department notified. Development vi11 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 ~esources Management Department rill respond to any such notification in a timely and efficient m~nner so as to provide only a mlnt~al interruption to any constructional activitits. The thre~ acre cypress wetland along the nid-so~thern boundary shall ha preserved in its entirety. The five acre cypress/pine wetland along the mid-s~stern boundary shall be preserved and no orchids shall b~ removed from their original sites. Any alteration or land developments · that are related to the Golf Club section 6 of this docun~nt may b~ located vithin this five acre tract provided that a detailed layout and mapping of the environment and the proposed uses is submitted to and administratively approved by the staff of the Natural Eesource Nanaiement Depart~nant. 7-8 245 .7.06 A. Co The developer shall provide left and right turn Ianea on lmmokalee Road at the project entrance. Approval of a driveyay location at this time does not imply · median opening will be provided when lmmokalee Road is four 1·ned. The dew, loper shall provide arterial level street lighting and a fair share contribution toward the capital cost of a traffic signal at the project entrance when deemed warranted by the County Engineer. The signal will be owned, operated and maintained by Collier County. Access. to the commercial track shall be generally internal with any exceptions being designed in accordance with Ordinance 82-91 or revisions thereof. The developer shall provide up to 50 (50) feet of tight-of-way along the south side of ~m~okalee Road, subject to final roadway design. Any right-of-way donation in excess of the normally required 25 (25) feet shall be credited toy·rd any road impact fees required under Ordinance 85-55. ~xcept as provided in "D' above, the above required improvements are consolidated "site related" as defined in Ordinance 85-55 and shall not be applied as credits toward any t~pact fees requred by that ordinance. The developer shall reserve seventy-five (75) feet of right-of-way along the eastern most property line for future arterial roadway purposes. Credits shall be ·pplied toy·rd any is~act ~aas required if the right-of-way ia donated. A minimt~ of fifteen (15) feet wide landscaped buffer shall be provided between the main internal ro·d and the "future art·rial road". Such a buffer shall be located within road right-of-ways. The location of the project entrance road shall be coordinated, if possible, across from any project entrance to the project to the r,crth. 7-9 7.07 ~ ~R,~,'I~OH The develolment shall co~ply with applicable codes ~nd re~lati~s ~d s~ll pay any area/district wide officially adopted ~act fees. 7.08 RATING SYST~ In order tkat the project ~ay comply with th~ ratinl s~stm included in Section la.9 of the Curr~nt ZoninE Code and for ms lonE as' this Section of the Zoning Ordinance is in force, no Certificates of Occupancy shall b~ issued until such ti~ as there is a fire station within five (5) miles from the project (reEardless of the fire district in which such a station may be located) or until the developer has demonstrated other acceptable means of complyini with :he re%ini system requirement to the Board of County Co=~nissioners. 7-10 I] ~ m w i, Waf~a Aasaad, aa o~ner or authorized asant for Petition R-86-9C, asree to the follovin$ stipulations requested by the Collier County Plar_ning Commission in their public hearing on August 7, 1986. A~end=ent of the PUD Doctment per staff report dated July 31, 1986.~ OF SI,'OR~I TO AND SUBSCRIBED BEFORE HI~ Tills G IL~a,~ . 1986. O SEAL HY COHHISSIOIt EXPIRBS: STATE OF FAORIDA ) COUNTYOF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing ies true original of ORDINANCE NO. 86-62 that was adopted by the Board of County Commissioners during Regular Session on the 16th day of September, 1986. WITNESS my hand and the official seal of the Board of County Ccmmissione=s of Collier County, Florida, this 22nd day of September, 1986. JAMES C. GILES Clerk of Courts and Clerk · x-officto to the Board of County Commissioners