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Ordinance 85-46/DO 85-4ORDINANCE AN ORDINANCE AHENDING ORDINANCE 82-2 THE CON~RENENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY~ FLORIDA BT A~ENDING THE ZONING ATLAS HAP NLr~ER 48-26 BT CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROH A-2 'ST' TO "PUDt' PLA~ED UNIT DEVELOPHENT FOR THE PARKLANDS, A RESIDENTIAL COHIiUNITY LOCATED JUST SOUTH OF THE LEE/COLLIER COUN~ LINE, NORTH AND NORTHEAST OF OUAIL CREEl( PUD~ A~D PROVIDING AN EFFECTIVE DATE. ~HEREAS, Jify Adkina, representing N.T.G. Propertieso lac** petitioned the Board of County Commiealonere to change the Zoning Claseiflcation of ~he herein described property~ NOW, THEREFORE BE IT ORDAINED hy the Board of County Commissioners of ~ollier County, Florida: SECTION ONE= The ~3ning Claeaification of the herein described property located in Section S end 9, Township 18 S.. Range 26 E., Collier County, Florida, is changed from A-2 & A-2 "ST" to "PUD" Planned Unit D,ve~opmnn~ in accordance with th, PUD document attached hereto ae Exhibit "A" ~htch is incorporated h,rein and by reference made part hereof. The Official Zoning Atlas Hap Number 48-26 aa described in Ordinance 82-2, ia hereby amended accordingly. This Ordin~nce ahall becoue effective upon r,eceipt of notice. that if hat been filed with the 8ecreCar7 of State," ' DATEs September 10, 1985 BOARD OF COUlqTY COMHISSIOHERS COLLIER COUI~I~, FLORIDA STATE OF FLORIDA ) COUNTY OF COLLIER ) ~ I, VILLIAHJ. ~ACM', Clerk of Courts in and for the T~entieth Judicial Circuit, Collier County, Florida, do hereby certify ghat the foreloins is a true ori$inal of: ORDIT~IqCE NO, 85-46 which was adopted by the Board of County Commissioners during Regular Session on the lOth day of September, 1985. I~TNESS my hand and the official seal of the Board of County Co~missioners of Collier County, Florida, this 20~h day of September, 1985. t ~lerk. ~f;courts and Clerk c~ .' County .37,.¶amf/.sionere ~. :. ,..': ;f~ . ~ ¢},'".,;; ......." ~ .2;' PLANNEO UNIT DEVELOPMENT DOCUMENT FOR THE PARKLANOS A PLANNEO COMMUNITY PREPARED OY: ~AFAA F. ASSAAO, A.%.C.P. AGNOL], ASSAAD, BARBER & 8RUNDAGE, INC. ENGINEERS, PLANNERS & LAND SURVEYORS 7400 Tam{amt Tratl North Naples, Flor{da 33963 Approved bY B.C.C. September 10, 198S SECTION I SECTION II SECTION Ill SECTION IV SECTION V SECTION VI SECTION Vll GENERAL DEVELOP. MENT INFORMATION PROdECT DEVELOPMENT STANDARDS SINGLE-FAMILY RESIOENTIAL "S" MULTI-FAMILY RESIOENTIAL "M" RESERVE AREAS "R" GOLF COURSE "G.C." BUFFERS, PARKS, GREEN BELTS, UTILITIES, ELEMENTARY SCHOOLS, ETC. "P" AND LAKES "L" SECTION VIIi GENERAL DEVELOPMENT COMMITMENTS LIST OF EXHIBITS PAGE 4-1 8-1 EXHIBIT A CONCEPTUAL MASTER PLAN (Prepared b? Agnolt, Assaad, Barber & Brundage, Inc., Ftle No. 589) SECTION ! 1.01 OENERA, L: DEVEL[~I~I~ENT INFOR~ATION INTRODUCTION AND PURPOSE It is the intent of Jimmy R. Adktns, P.A.; authorized representative; hereinafter called "applicant" o~ "developer", to establish and develop a Planned Unit Development (PUD) on approximately 965,4 acres of property located in Collier County, Florida. It is the purpose of this document to provide the required standards and to set forth guidelines for the future development of the property (only that portion of the project that is located within Collier County). 1.02 SHORT TITLE The PUD development shall be known and cited es The Parklands. 1.03 STATEMENT OF COMPLIANCE The development of approximately 965.4 acres of property in Sections 8 and g, Township 48 South. Range 26 fast, Collier County. Florida, as a Planned Unit Development to be known as The Parklands, will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan· The Parklands is consistent with the growth policies, land development regulations and applicable Comprehensive Plan Documents for the following reasons: The subject property has the necessary rating points to determine the availability of adequate community facilities and services and to support the approved density. 2. The project development is compatible and complentary to the surrounding land uses, 3. Improvements are planned to be in subtanttal compliance with applicable regulations, The project development will result in an efficient and economical extension of community facilities and services. 1-1 ~EGAL D~SCRIPT~ON The east one-half CE 1/2) of Se~tton 8,.~ess the south stxty feet (60') and Sectton 9, Townshtp 48 South, Range ZS East, Collte, County. Flortda. subject to easements, restrictions, and reservations of record; containing ~ 965.4 acres more or les's. 2.01 .02 2,03 2,04 SECTION II PROJECT DEVELOPMENT STANDARDS PURPOSE The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. GENERAL PLAN OF OEVELOPMENT The Parklands is a planned community, which includes, but ts not limited to, a mixture of residential, golf course, open space/ parks and reserve areas. COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in substantial compliance with tile applicable Collier County general zoning and subdivision regulations as well as other Collier County development codes in effect at the time permit plats are requested. FRACTIONALIZATION OF TRACTS Bi' When the developer sells an entire Tract or a building parcel (fraction of a Tract) to a subsequent owner, or proposes development of such property himself, the developer shall provide to the Administrator for approval or denial, prior to the sale 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 of each residential type assigned to the property. In the event any residential tract or building parcel is sold by any subsequent owner, as identified in Section 2.04{a), in fractional parts to other parties for development, the subsequent owner shall provide to the Administrator, for approval or denial, prior to the sale of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts that.tn and the number of dwe111ng units assigned to each of the fractional parts. 2-1 166 2 .OS ~ .05 The drawings shall also show the locatton and size of access to those fractional part~ that do not abut a public street. C. The developer of any tract or. bu 1ding parcel'must submit at the time of application for a building permtt, a detailed plot plan for his tract' or parcel. Such plot plan shall show the proposed location.of a1.1 buildings, access roads, offstreet parking and offstreet loadtng areas, refuse and service areas, required'yards and other open spaces, locations for utilities hook-up, screening and buffering, signs, lighting, landscape plan, other accessory uses and structures and tn residential areas, the distribution of dwelling units among the proposed structures, as may be appropriate. O. In evaluating the fracttonaltzatton plans the Administrator's decision for approval or denial shall be based on compliance with the criteria and the development Intent as set forth In th~s document, conformance with allowable numbers of residential units and the reasonable accessibility of the fractional parts to publlc or private roadways, common areas, or other means of ingress and egress. E. If approval or dental is not Issued within ~en (10) working days, the submission shall be considered automatically approved. SITE PLAN APPROVAL When stte plan approval ts desired or required by this document, the procedure outlined tn the zoning ordinance for site development plan approvals shall be followed. In the case of cjustered buildings, group housing and/or zero lot line with common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved under this Section. LAND USES The following 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 ts shown on Exhibit 'A', Conceptual Haster Plan. Ntnor changes and variations tn design and acreages shall be permitted at final destgn to accommodate topography, vegetation and other ~' '~ '~'~,~dlvelopment'or ttte conditions, The spectftc locatton ind ..... stza of Individual tractl and the alstgnment of dwel]{ng untts thl~l~o shall be lubmStttd to the Administrator for hfs administrative approva~ o~ dental, The ¢tna] stze of the recneatton and open space lands w$11 depend on the actual requirements for water management, go1¢ course layout, utilities, roadway pattern and dwe]ltng untt stze and con¢tguratton. APPROXIMATE LAND USE D]STRXBUTION SCHEDULE LAND USE DES]GNAT]ON: APPROXIMATE ACREAGE NUMBER OF' DWELLING UNITS RESIDENT]ALt Stngle Famtly (S) Hultt-Fam.tl~ (H) Total Residential.1 RECREATION/OPEN SPACE:.2 Golf Course (GC) 117.8 380.9 498.7 165.8 2225 2410 Buffers, Parks, Greenbelts, 45.2 Utilities, etc. (P) Reserve Areas (R) 43.9 Lakes (L) 126.1 Roads (algh~-gf:Wa~) 85.7 Tara1 Recreation/Open Space 466.7 GRAND TOTAL: 965.4 2410 It Is understood that the above figures ar approximate and subject to change to su?t final deslgn. *] The maxtmtmum number of dwelling units. ,2 Does not ~nclude open space and recreation areas that may be additionally located within the residential areas. 2-4 2,07 2.08 ~ .09 2.10 2.11 PROdECT DENSITY The total acreage of The Parklands property ts approximately 965.4 acres. The maximum number of dwelling units to be built on the total acreage Is 2410. The number of dwelling units per gross acre Is approximately 2.5. The density on Individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. PERMITTED VARIATIONS OF D~ELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelltng units as asstgned by Section 2.06, provided that the applicant may Increase or decrease the indicated unit mtx by not more than ]0~; and provlded that the total number of dwelling units shall not exceed 2410. The Administrator shal~ be notified in accordance wlth Section 2.04 of such an tncrease and the resulting reduction tn the corresponding residential ~and use types or other categories. DEVELOPMENT SEQUENCE AND SCHEDULE The appllcant has not set "stages" for the development of the property, Since the property ts to be developed over an estimated 20 year ttme period (4 phases); an? projection of project development can be no more than an estimate based on current narkettng knowledge. The estimate may of course, change depending upon futu-e economJc factors. EASEMENT FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. A1-t necessary easements, dedJcattons, or other instruments shall ~e granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulatlons in effect at the time approvals are requested. ESSENTIAL SERVICES Essential services a're considered as an acceptable permitted use on ali land use categories within The Parklands. 2'5. 2o~2 2.13 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVIS%ON REGULATIONS The following requirement shall be watved: A. Arttcle X, Sectton 16: Stdewa.lks/btcycle paths wtll be provlded on one stde of the street, except that on stngle famtly cul-de-sac right-of-ways, the stdewalk requirement shall be watved. B. Arttcle X, Sectton lg: Street name marke~s and trafftc devtces shall be approved by the County Engtneer but need not meet the U.S.O.O.T.F.H.W.A. Manual on unt¢orm traffic control devtces. Street pavement painting, strtptng and reflective edgtng on secondary.road system shall be watved. Reflective edgtng of math road system shall be watved. C. Arttcle X%, Sectton 10: PRH's Installation tn atyptcal water valve cover shall be watved. D. Arttcle X, Sectton 24: The requ4rement of utlllty casing Installation shall be watved. E. Arttcle X], Sectton 17H: The ],000 ft. maxtmum dead-end street length requirement shall be watved. F. Article X], Sectton 17I: Back of curb red11 at street Intersections shall be a mtntmum of 30 ft. G. Arttcle XI, Sectton 17J: The requirement for 100 ft. mlntmum tangent at Intersections of secondary road system wtll be watved. H. Article XI, Section K: The requirement +or 100 ft. tangent secttons between reverse curves of secondary road system shall be ~atved. I. Article XI, Section21: The requirement for blank uttltty casings shall be watved. AGR%CULTURE USE Agricultural uses Including. related accessory uses and structures are considered as acceptable permitted uses tn all land use categories, except tn the preservation areas, tn the Parklands. Agricultural uses shall be completely terminated prtor to the tssuance of any residential butldtng permtts. 2-6 3,01 3.02 3.03 SECTION II! SINGLE-FAMILY RESIDENTIAL "S" PURPOSE The purpose of this Section ts to set forth the regulations for the areas designated on Exhibit "A", Conceptual Master Plan, as Single-Family Residential. MAXIMUM D~ELLING UNITS A maximum number of 185 dwelling units may be constructed in all of the Single-Family Residential parcels except as permitted by Section 2.08. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, tn whole or tn part, for other than the following: A. Permitted Principal Uses and Structures 1. Single Famtly dwellings. Publlc and private parks, playgrounds, playflelds and commonly owned open space. Permitted Principal Uses and Structures Req.ptrlng Site Plan A~oroval .Vtllas, cjuster and group housing, townhouses, patto houses, and zero lot 1tries. C. Permitted Accessor] Uses and Structures Customary accessory uses and structures, Including but not limited to private garages and private swimming pools. S~gns as permltted bY the Collier County Zoning Ordinance tn effect at the time permits are requested· 3-1 021-',, 1 '72 3,04 Model homes shall be permitted tn conjunction with the promotion of the development; Such model homes shall be permitted for a pe~iod'of one (1) year from the tnlttal use as a model. The Administrator may authorize the annual extension of such use upon written request and Justification. PROPERTY DEVELOPMENT REGULATIONS 3.04.01 GENERAL: All yards, set-backs, etc,~, shall be applied in relation to the individual parcel boundaries, 3.04.02 MINIMUM LOT AREAS AND DIMENSIONS: Area Frontage 10,000 Square Feet 80 Feet Interior Lots 95 Feet Corner Lots 80 Feet Cul-de-sac and odd shaped lots. (measured at the front yard setback arch .) 3.04.03 MINIMUM SETBACKS: Front Side Rear 30 Feet 7.5 Feet One Story 10.0 Feet Two Story 25 Feet 3.04.04 MAXIMUM BUILDING HEIGHT: Principal Structures: 30 Feet Accessory Structures: 20 Feet 3.04.05 MINIMUM FLOOR AREA: One Story: 1,000 Square Feet Two Story: 1,200 Square Feet 3-2 .0K 021.,,; 172 3.04.06 SIGNS AND MINIMUM OFF-STREET PARKING: As may be permitted or required by the appltcab]e Collier County Zoning Ordinance in effect at the time a permit is requested. 3-3 4.01 4 4.03 SECTION IV MULTI-FAMILY RESIDENTIAL PURPOSE The purpose oF this Section is to' set ~orth the regulations for the areas designated on Exhibit "A , Conceptual Master Plan, as Multi-Family Residential. MAXIMUM DWELLING UNITS ' A maximum number oF 2225 dwelling units may be constructed in all oF the Multi-Family Residential parcels except as permitted by Section 2.08. PERMITTED USES AND STRUCTURES No building or structure, or part thereoF, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1. Two (2) Family and Multi-Family dwellings. 2. Villas, cjuster and group houstng~ townhouses, garden apartments, patio homes anU zero lot lines, B. Permitted Principal Uses and Structures R~ an p_prova : i. All permitted principal uses and structures allowed by Section 3.03.A. oF this document provided that in the case oF additional single family uses the following criteria shall.be observed: a. The number of the additional single family units within the multi-family residential "M" Tracts shall not exceed 222 units. b. Any single-family units be located es near as possible or contiguous to the single-family 'S" Tract. c. The single family property development standards of Section 3.04 of this document shall apply, 4-1 Any permitted structure exceeding the maxtmum butldtng height allowed by Section 4.04.04 of tht$ document but not exceeding stx (6) habitable/living stortes above parktng, Permitted Accessor~ Uses and Structures: PROPERTY DEVELOPMENT REGULATZONS (Excluding single ramtly development as may be a11o,ed tn Sectton 3.03 4,04.01 GENERAL: 4.04.02 All yards, setbacks, etc. shall be applied in relation to the Individual parcel boundaries. MINIMUM LOT AREA AND DIMENSIONS: 4.04.03 Area Single Family Dwelling Other Principal Uses Frontage MINIMUM SETBACKS: %0,000 Square Feet 20,000 Square Feet 80 Feet One-half of principal building height with a minimum of: Front Side Rear Golf Course or Lakes Or Reserve Areas Overall Project (PUO) Outside Boundary Lines Overall Project (PUD) Outside Eastern Boundary Line 30 Feet ]5 Feet 30 Feet 20 Feet 20 Feet 30 Feet The distance between any two principal structures on the same parcel shall be fifteen (X6) feet or a distance equal to one-half (1/2) the sum of their heights, whichever is greater. 1'76 4-2 4,04.04 4.04.05 4.04.06 MAXIMUM BUILDING HEIGHT: Three (3) habitable/living stories above parking.. Unless otherwise approved under Section 4.03.B. MINIMUM FLOOR AREA: 750 Square Feet, ,. SIGNS AND MINIMUM OFF-STREET PARKING: As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. 4-3 SECTION V RESERVE AREAS PURPOSE The purpose of thts Section I$ to set forth the regulations for the area designated on Exhibit "A", Conceptual Master Plan, as Reserve Area. 5.02 P RM TT~O U:ES AND _STRUCTURES No building or structure, or part thereof, shall be erected, altered or used. or land or water used, in whole or in part, for other than the following: A. Pr~nct ~ Uses Re utrtn Site Plan A_p_proval: 1. Nature tratls Including boardwalks. 2. Boat tratls, 3. Paths and bridges to provide access from the uplands. 4. Other activities for recreation, conservation, and preservation when approved by ~he Administrator, Water Management Facilities. Permitted Accessorz Uses and Structures: l. Accessory uses and structures customarily associated with the uses permtttted in this district. 2. Signs as permitted in the.zoning or~tnance. SECTIqN GOLF COURSE "G.Co" 5,01 PURPOSE The purpose of this Section is to se~ forth the regulations for the areas designated on Exhibit A", Conc'eptual Haster Plan, as Golf Course, 6.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shali be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Prtnc~Uses and Structures I. Golf Course 2. Water ~anagement Facilities and Lakes B. Permitted Accessory Uses and Structures ]. Clubhouses, pro-shop, practt~e driving range and other customary accessory uses of golf courses, or other recreational facilities. 2. Small commercial establishments, including gift shop~, golf equipment sales, restaurants, cocktail lounges, and similar uses, tntended to exclusively serve patrons of the golf course or other permitted recreational facilities, subject to the provisions of the applicable supplementary regulations of the Zoning Ordinance. 3. Shuffleboard courts, tennis courts, swtmmtng pools, and other types of facilities intended for outdoor recreation. 4. Signs are permitted 'by the Collier County Zoning Ordinance in effect at the time permits are requested. $. A maximum of two (2) residential units in conjunction with the operation of the golf course as determined to be compatible with the adjacent zoning 6-! as determined by the Administrator provided that the maximum number of dwelltng units for the entire project shall not exceed 24%0 residential units. C. Plan Approval Reojtrement[ A site plan of the golf course shall be submitted tn accordance with Section 2.05 of this document· The perimeter boundaries of such plans shall be recorded tn the same manner as a subdivision plat. $,03 ~OPHENT REGULATIONS 6,03,01 General Retirements a, Overall site design shall be harmonious terms of landscaping, enclosure of structures, location of access streets and parktng areas and location and treatment o~ buffer areas, b, Buildings shal! be set back a mtntmum of (50) feet from abutCtng restdentta~ districts and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. Lighting facilities shall be. arranged tn a manner whtch will protect roadways and neighboring properties from direct glare or other Interference, 6.03.02 6.03.0~ Maximum Height of Structures Forty-five (45) feet. Signs and Minimum Off-Street Parking As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit ts requested. 6-2 ? .01 7.02 SECTION V~I BUFFERS, PARKS, GREENBELTS,,UTILiTIES, ELEMENTARY SCHOOLS, ETC., "P" AND LAKES'"L" PURPOSE The purpose of this Section is to se~ 'forth the regulations for the areas designated on £xhSbtt A", Conceptual Master Plan, as Buffers, Parks, Greenbelts, Elementary Schools, Uttltttes, Lakes, Etc. PERMZTTED USES AND STRUCTURE Ho butldtng or structure, or part thereof, shall' be erected, altered or used, or land or water uses, in whole or tn part, for other than the following: A. Permitted Principal Uses and Structures 1. BtkJng, htkJng, canoeing and nature tratls. 2. Community Park. 3. Elementary Schools 4. Nature preserves and wtldltfe sanctuaries. 5. Off-Street Parktng Areas 6. Parks, playgrounds and game courts and fields. 7. Recreational shelters and restroom factlttJes. 8. Water Management Factllttes and Lakes. g. Wtldllfe Management. 10. Any other open space acttvtty which is comparable tn nature wtth the foregoing uses and whtch the Admlntstrator determines to be compatible tn the District. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily wtth principal uses permttted tn this District. 7-1 7.03 7.04 Stgns as may be permitted by the Co111er County Zoning Ordinance tn effect at the ttme permtts are requested, 3. Hatntenance and storage areas and structures, C. ~roval Requirement Site plans for the proposed uses shall be submitted to the Administrator in accordance with Sectton 2.05'of thts document. PROPERTY DEVELOPHENT CRITERIA Overall slte deslgn shall be harmonious in terms of landscaping, enclosure of structures, locatton of access streets and parktng areas and locatton and treatment of buffer areas. buildings shall be setback a m~ntmum of twenty-five (25) feet from abutttng residential districts end the setback area shall be landscaped and maintained to act as a buffer zone, c. Ltght~ng facilities shall be arranged in a manner which wtll protect roadways end neighboring properties from dJrect glare or other interference. S%GNS AND MIN%MUM OFF-STREET PARKING As may be permitted or requtred by the applicable Collier County Zontng Ordinance tn effect at the ttme a permtt ts requested· 7-2 182 SECTION VIII GENERAL DEV£LOPI~ENT COIqSITMEN?S $ .01 8.02 8.03 8.04 PURPOSE The purpose of this Section ts to set.forth the general development commitments for the project. ARCHITECTURAL REVIEW All buildings constructed within the project must comply wtth the architectural review standards as may be set forth in the intended recorded covenants and deed restrictions. DEVELOPMENT PLAN The proposed Preliminary Conceptual Haster Plan iljustrates the tentative development, uses and locations of certain facilities. The design criteria and layout iljustrated on the Master Plan shall be understood as flexible so that the final design may best satisfy the project and comply with applicable requirements. Minor design changes, such as but nbs ltmited to, locations of buildings, distribution of dwelling units, building types, etc., shall be permitted subject to the staff approval. De All design changes resulting from any stipulations end conditions imposed at the time of approval of this project shall be considered as minor changes, shall be reviewed and approved administratively by staff and shall not constitute a major deviation. ENVIRONMENTAL CONSIDERATIONS Ae A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to cotnctde with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, 8-1 buildings, lakes, parking lots, and other facilities have'been oriented to accommodate this goal as much as practicable, 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 Hatural Resources Management Department and the Community DevelopmQnt Division for thetr 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 as much as practically and economically feasible. All exotic plants, as defined tn the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas, Following site development a maintenance program shall be implemented to prevent r,invasion o¢ the site by such exotic species. Thls plan, which wtll describe control techniques and Inspection intervals, she1 be filed with and approved by the Natural Resources Management Department and the Community Development Division, If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other Indicator ts discovered, all development at that location shall be Immediately stopped and the Natural Resources Management Department notified, Development will be su:pended for a sufficient length of time to enable the Hitural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Hatural Resources Management Oepartment will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. The boundaries of the w~tlands shall be flagged, reviewed by the County Environmentalist, and surveyed prto, to land el. earing or grubbing. 8-2 8°05 8.06 8.07 WATER HANAGEHENT Ae Oetatled site dratnage plans shall be submitted to the Water Management Advisory Board'for'revtew, Ho construction permits shall be issued unless and until approval of the proposed construction tn accordance wtth the submitted plans Js granted by the County Engineer, An Excavation Permit w!11 be requfred for the proposed lakes tn accordance with Collier County Ordinance No, 80-26, as amended .by Ordinance No, 83,3 and as may be amended tn the future, PARKS AND OPEN SPACE Ae The developer shall donate to the County a 7.23 acre site for use as a neighborhood park, The site is Intended to be located tn the vicinity of the elementary school site tn the Northeast corner of the Collier County portion of the project, If the site is not used or needed within seven (7) years from the date of the PUD/DRI approvals then a payment in lieu of may be made provided such a payment is mutually agreed upon by the County and the project sponsors, TRANSPORTATION Ae The petitioner, hts successors or assigns, shall dedicate 75 feet along the eastern boundary of the project to the County for use as future right-of-way. The dedication shall be made at a time requested by the County or at the convenience of the petitioner, whichever occurs first, The petitioner, his successor or assigns, shall cause to be dedicated to the County a.75 foot wloe right-of-way along the east section 11ne of Sections 16 and Township 48 South, Range 26 East. Further, the petitioner shall cause to be constructed a minimum of two (2) lanes of a future four (4) lane arterial road along such right-of-way. This roadway ts to serve as the main entrance to that portion of the project In Collier County. In the event that the County's assistance Is needed tn acquiring the right-of-way, as tn the case of eminent domain proceedings, the petitioner shall be responsible for all acq:)tsitfon costs incurred by the County, Including legal costs and land costs. It ts also understood and agreed upon that any developments approved by the County in Sections 16 and 21. Townshtp 4e South, Range 26 East shall be required by the County to donate and improve their portions of the above noted right-of-way and road improvements, In the event that the access described in B. above can not be provided at the time of the commencement of construction on the project, the petitioner may utilize an existing 60 foot wide easement to provide a temporary access to the project from Immokalee Highway, The roadway constructed on such easement shall be to the standards provided in the Subdivision Regulations to the extent possible and be located generally as depicted tn the Application for Development Approval (ADA). To the extent that this temporary facility ts needed, and because of the limited access afforded by the easement, the project development shall be restricted in the following manner: No additional building permits for any generator shall be tssued at such time as the average daily volume of travel on the access road exceeds 7,800 ADT. Notwithstanding 1. above, the maximum number of residential dwelling units permitted within Collier County portion shall not exceed 185 single family and g15 multi-family units. The petitioner agrees not to provide internal access to any portion of the project located in Lee County unless and until an approved access Is provided via Lee County roadways. Construction of the ,bove temporary road will not release the petitioner from the responsibilities outlined in B. above. The permitted number of dwelling units under item C.2 above may be changed using the following criteria: Single-Family .. lO ADT Multi-Family 6 AOT (]21,','., ].86 8-4 8.08 8.0~ D. The petitioner sh~l ~eserve a 7S foot wide right'-of-way along the southern project boundary ltne. In the event. that such reservation ts needed for. the construction of an east-west collector roa'dway~ the pett. ttoner, his successors, or asstgns shall dedicate satd land at no cost to the County. E. The pettttonero at hts opttono tn lieu of reserv'tng such lands For a future.roadway as outltned tn D. may elect to construct the southernmost east/west roadway wtthtn the project to cqlleecCor road standards ~nd along an alignment acceptable to the County Transportation Director to serve as that portion of the proposed east/west collector that would otherwise be adjacent to the southern boundary of this project. Such internal collector will provide for the necessary connections to the east and west. F. The developer shall provide separate left and right turn lanes on lmmokalee Road (David C. Brown Htghway) at the project's south access road prtor to the issuance of any certificates of occupancy, and shall make a fair share contribution toward the capttal cost of a traffic signal when deened warranted by the County Engineer. The signal sha~l be owned, operated and naintatned ~y Coliter County. G. The developer shall bear the entire cost or all traffic stgnals which nay becone needed at Intersections within the project. IHPACT F£[S: Should impact ~ees, other ~ethods of payments be adopted, then the developer sha~l etther be exenpt fron such fees if donations or payments have been made, or gtven a credit of a value equal to the donation towards any payable fees. HOSOUITO COnTrOL The developer shal~ petition the Hosqutto Control District to have the site included tnto their district. 8-5 UTILITIES .A, Water & Sewer Water distribution and sewage collection and transmission systems wtll 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 wJthtn platted rights-of-way or wJthtn utllity easements required by the County shall be conveyed to the County for ownepshtp, operation and maintenance purposes, All water and sewer facilities constructed on prtvate property and not requtred by the County to be located within utility easements shall be owned, operated and maintained by the Developer, hts asstgns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's minimum requirements at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations tn effect at the time conveyance or transfer ts requested, .prior to being placed into service, All construction plans and technical specifications and proposed plats, tf applicable, for the proposed water distribution and sewage collection and transmission facilities must be revtewed and approved by the Utilities Division prtor to commencement of construction. All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County tn accordance with Florida Public Servtce Commission approved rates. Should the County not be tn a posttlon to provide water and/or sewer servtce to the project, the water and/or sewer customers shall be customers of the lntertm uttltty established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. 4. It is anticipated that the County Utilities Division will ultimately supp!y potable water to meet the 8-6 consumptive demand and/or recetwe and treat the sewage generated by tht's project, Should the County system not be in a position to supply potable water to the project and/or receive uhe project's wastewater at the time development commences, the 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 requirements of the appropriate regulatory agencies. An Agreement shall be entered tnto between the County and the Developer, btndtng 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: The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off-site water facilities and/or off-site sewer facilities are available to service the project· The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility facility(irs) may not be expanded to provide water and/or sewer service outside the development boundary approved hy the County without the written consent of the County. Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue ~se of the water supply source, if applicable, in a manner consistent with State of Florida standards· All work related with this activity shall be performed at no cost to the County. 189 8-7 Ce Connection to the County's off-site water and/or sewer facilities, when available along CR 846, will be made by the Developer, his assigns or successors at no cost to the County wtthtn two hundred seventy (~70) days after such facilities become available and legal access ts available, The cost of connection shall tnclude, but not be ~tmtted to, all engineering design and preparation of construction documents, permitting, modification or refitting or sewage pumping factlttes, tnterconnectton with County off-stte facilities, water and/or sewer lines necessary to make the connection(s), etc, Developer may share these expenses with other users, tf applicable, or tf Developer finds more than its proportionate share of these costs, then County shall collect and reimburse Oeveloper when other users connect (on a pro-portlonate basis) to the system, At the time County off-site water and/or sewer facilities are available for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: All water and/or sewer facilities constructed in publtcly owned r4ght-ofoway or within utility easements required by the County within the project limits and those additional facilities required to make connectotn with the Countyes off-site water and/or sewer facilities; or, All water and sewer factlt:ies requtred to connect the project to the County's off-site water and/or sewer facilities when the on-site water and/or sewer facilities are constructed on private property and not required by.the County to be located wtthtn utility easements, Including but not limited · to the foil.owing: a..Hain sewage ltft station and force main interconnecting with the County sewer factlttes including all utility easements necessary; 02:1,,,,! 100 8-8 be Z~ a~pl~cable, water distribution facilities from the potnt of connection with the County's water facilities to the master water meter servtng 'the project, Including al1 uttllty easements necessary. The customers served on an Inter1= basts by the utt]tty system constructed by the Deve]oper shal! become customers of the County at the ttme when County off-stte water and/or.sewer facilities are available to serve'the project and such connection ts made, Prior to connection of the project to the County's off-stte water and/or sewer facilities the Developer, hts assigns, or successors shall turn over to the County a complete 11st of the customers served by the interim utilities system and shall not compete wtth the County for the servtce of those customers. The Developer shall also provtde the County wtth a deta$1ed Inventory of the fac~l~tSes served wtthtn the project and the enttty whtch will be responsible for the ~ater and/or se~er service b~lltng for the project. A11 construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities ~tll be submitted to the Utilities Dtvtslon for revte~ and approval prior to commencement of construction. ge The Developer, hts assigns or successors agree to pay a;1 system development charges at the time that Bu~]dtng Permits are requfred, pursuant to appropriate County Ordinances and ~egu~ations In effect at th~ tl~e of ~erm~t request, Thts requirement s~al; be made known to a;1 prospective buyers of properties for which bu~dtng permits wt~l be required prior to the start of building construction, The County wi11 lease to the Deve)oper for operation and maintenance the water distribution and/or sewage collectJon and transmission system ?or the sum of Ten and No/lO0 Dollars ($10.00) per year, when such system Is not connected to 8-9 Ce 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, tf required, shall remain tn 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. $0-112 showing the avatlabltty of sewage service, must be submitted and approved by the Utilities Division prtor to approval of the construction documents for the project. Submit a copy of the approved Department of Environmental Regulation permtts for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. If an Interim on-site or off-site water supply, treatment and transmtsJton factltty ts uttltzed to serve the proposed project, tt must be properly sized to supply average and peak day domestic demand, tn addttion to fire flow demand at a rate approved by the appropriate Fire Control District, for the Phase under development. A detailed design report verifying the plant capacities must be submitted to the Utilities Otvlslon wtth the construction documents. Water and sewer service shall be prov*ded to the project pursuant to the following requirements: Water The Lee County portion of the project shall be supplied by a system located wttUtn Lee County, Water servtce shall not extend across County lines unless authorized In writing by Collter County. The Colltor County portion of the project shall be supplied from the facilities of the County, if available, or ~rom Interim on-site or off-site water suppl~ and treatment facilities found to be acceptable to the County, 8-10 S_ewer An interim sewage treatment and disposal facility located in Collier County Shall'provide service to the part of the project in Collier County and may provide service to the entire project. .If the facility is utilized to provide service t.o the part o~ th'e project in Lee County. the sewage collection and transmission facilities located in Lee County.which would contribute sewage flow to this fac(ltty shall be owned, operated and maintained by.the Developer, hts assigns, successors or other entity acceptable to Collier County· If the use of a single treatment and disposal facility is governmentally unacceptable, two (2) separate sewage treatment facilities, one (1) in each County must be constructed to serve the project. Any Joint method of sewer service for The Parklands project must be found to be mutually agreeable by adopted Resolution by the Board of County Commissioners of Lee and Collier Counties prior to commencement of construction document review by the Utilities Division. When the County has the ability to provide treatment and disposal and/or water supply and distribution services, the Developer, his assigns or succassors will be responsible to connect to these facilities at a point to be mutually agreed upon by the County and The Parklands owner, with The Parklands assuming all costs for the connection work to be performed. The project's Owner(s), his assigns or successors shall negotiate in good faith with the County for the use of treated sewage effluent within the project limits, for irrigation purposes. The Owner would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the O.E.R., consistent with the volume of treated wastewater to be utilized. If shown to be necessary to serve the project by the County, a water storage tank and repump site shall be provided by the Owner on-site of a size and location to be mutually agreeable to the County and The Parklands owners. If necessary to serve the project on an interim basis, The Parklands may be required to install a water 8-11 storage tank on-site if County water facilities are not available at the time development commences. Should the County desire to oversize these factlitttes, in anticipation of future demands and growth when the County's water facilities are available to serve the project, the County shall negotiate a satisfactory method of reimbursement to the Developer for such overstzlng. H. Construction and ownership of the water and sewer facilities, including any proposed interim water and/or sewage treatment factltttttes, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, etc. in effect at the time construction approval is requested. I. 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 territorial 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. d. Detailed hydraulic design reports coyering 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 li:t all design assumptions, demand rates and other factors pertinent to the system under consideration. The developer shall contribute hi~ fair share of the cost.of installing e sewer transmission line from the project to any acceptable off-site se,.,er treatment plant facility and return (treated effluent) transmission line from such an off-site treatment plant facility to the project. ,"he County shall cooperate and assist in securing all needed off-site easements. The details of'this item shall be mutually agreed upon between the developer and the County at a later date. 8-12 8.11 8.12 8.13 ELEMENTARY SCHOOL SITE The Oeveloper agrees to donate to. the Collier County School Board a ftfteen (IS) acre site as per agreement approved by the School Board on August 1, 1985. FIRE PROTECTZON The Developer agrees to donate/make cash payments to the North Naples Fire Control Otstrtct as per agreement approved by the North Naples Fire Control Otstrtct Board on August 14, 1985. USE OF PROPERTY FOR ELECTION POLLS: The use of the common facilities wtthtn the project for electton centers/polls shall be permitted as may be needed or required by the supervisor of elect$ons. 8-13 I, II :,~,:.,'T H'E ' PA R K LA N D $ .IlilTER Iq,AN ~ .~' ,-.: DEVELOP~'NT ORDER DEVELOPMENT ORDER OF THE BOARD COUNTY COI~'flSSZONERS OF COLLZER CO~, ~OR~DA FOR ~E PA~S P~ ~IT D~O~T LOCAT~ ~GE 26 ~$T, COLLI~ CO~ ~ORIDA~ {~HEREA$, Jiemy Adkine, A~ent, for leTO Properties, Inc., Applicant, iiled on September lO, 1985 ~th the County of Collier an App]l.cation for Development Approval (ADA) of · Development of Regional Impact (DRZ) known as, The Parklands Planned Unit Development in accordance with Section 380.06(6), Florid· StaCutest ·nd t~H~REA$. NTC Properties Inc., has obtained all necessary approvals and conditional approvals fro~ the various Collier County alsatian, departments, and boards required as a condition to Planned Unit De~alop- meat (PUD) zoning and DRI approval; and ~itEREAS, the Board of County Comisaloners as the governing body of the unincorporated area of Collier County havinK Jurisdiction pursuant Chapter 380.06 is authorized and empowered to consider Applications for Development Approval for Developments of Ralional Impact. and t~ERZAS, the public notice requirements of Chapter 380 and Collier County Zonin~ Ordinance have been satisfied; and ~tERZAS, the Coastal Area Plannin8 Co~iesion has reviewed and considered the report and recomendstion of the Southwest Florida Re,ion- al Planning Council (SgFRPC) and held a public hasrl~ on cbs ADA on August 15, 198~; and ~EREAS. the Board of County Co~uissionera has passed Ordinance 8~-~6 which retched the subject property to PUD~ and ~EREAS, The Parklands application for development approval is also part of an overall rezo~ln$ application by the developer; and the issu- ance of a develoi~nenc order pursuant co Chapter 380.06. Florida Statutes, does not constitute · waiver of any po~ers or rights re[ardin[ the issuance of ocher develol~ssnc permits by Cbs County or ~EREAS, on September 10, 198~ the Board of County Cmisalonars, at an open public hearin~ 'in accordance with Section 380.06, Florid· [Catutee, considered the report ~nd recom~endatione of the St~tPCt the certified record of the documentary and oral evidence presented to the Coastal Area Planning Comiasionl the report and recommendations of the Coastal Ara~ 'PlanninB Co.~=ieelon~ the application for Development of laSional Impact submitted by 3tz~y Adkina, Agent! and the c~enta upon the record made to this Board of Cotraty Co~ieeionara at said meet/ssi. Vlt~.,~.Ag, the Board of County Co~aieeionsre of Collier County, Florida, in a meeting assembled this 10th day of September, 1985, hal considered the reports and raco~mendationa of .the SWFRPC, the Collier County ateff and Advisory Boards, the documents and colamente upon the record made before this Board of County Commissioners, hereby makes the followinB Findings of Fact and Conclusion of Law= FINDINGS OF FACT 1. That the real property which is the subject of the ADA ia legally described as set forth in Exhibit A, the Planned Unit Development Document for The Parklands, attached hereto and by reference made a part thereof. 2. The application is in accordance with Section 380.06(b), Florida Statutes. 3. The applicant submitted to the County an ADA and sufficiency responses known a~ composite Exhibit B, and by reference made a part hereof, to the extent that they are not inconsistent v/th the terms smd conditions of this Order. The applicant proposes the development of The Parklands Planned Unit Development, for 965.4 acres; 2,410 residential (single and multi-family) units on approximately 498.7 acres at a density of 2.5 units per acre; recreation open apace (approxi- merely 466.7 acres) which will include a 8olf course and club (approximately 165.8 acres), a 7.23 acre County Park site, fifteen (iS) acre school site, grounds maintenance facilities, central water and savage facilities, and the required rights- of-way and/or roads. 5. The Development is consistent with the ~eport and recommenda- tions of the SIdTRPC submitted pursuant to Subsection 380.06 <,l,. Florid. ,t.tut... ,00, OglP, 6. The development viii not unreasonably interfere with the achievement o! the oblactLvae o~ the adopted State Land Oars1- opment Plan applicable to the area. tls 7. A ¢~mprehsnsive rsviev of the impact generatsd by the develop- msnt has bes~ conducted b7 the appro~riate Count7 dspartments and agencies and by the 8. ~he dsvslopnent ia not in a~'~rea deSOlated an Area of Cricl- cml State Concern pursuant to the provisions of Section 380.05~ Florida Statutss~ as amended. The development ia consistent with the land development rs~ula- tions of Collier County. CONCLUSIONS OF LAW NO~ THEREFOEE~ B~ IT RESOLV~ by cbs Board of County Co, insiders of Collier Councy~ Florida~ in public meecin8~ duly consCiCiCued and assembled September 10~ 1985~ Chac the Development of Re,ions1 ApplicaCin for Development Approval submitted by Jify Adkins~ A8ent~ hereby ordered approved sublecC co the follovinA condiCions~ Section A. ~e following conditions as reco~ended by the ~C or in response Co their reco~endaCion are hereby adopted as conditions of approval of chis Develo~enC Orderc 1. DRAINAGE/~ATER qUALI~: A conceptual Surface ~nagemenC Plan has been proposed ~haC should correct over-drainaie abuses of past agricultural activities. A lake/swale deCen~ion system, using pumps for Cbs internal drainage; along rich n series of water quality "best management prac~ices' will be incorporated lacs the surface water management design. Several ~or areas of concern of the South Florida ~ncer HanagemenC District (S~}~) re~ln unresolved; yec iC la felt by the District chac chess can be addressed ac pe~iC application time. CondiCionsc a. The surface water management system for the Parklands shall implement the design standards and racer quality "beat manaAenenC practices' outlined In the App~icacion for Development Approval, response to ~esCion 22, and In the sufficiencY response. b. ~ on-[oin~ ~lncenanee and monitorial pro[r~ that ensures regular lnffpeccion~ ~incenance and e~plin[ of ato~ racer drainage syat~ shall be ~lenented by the applicant~ or hie suceesaors~ th~h~t the project lifetine. This monitories program should include wetland monitoring for proper hydroperiod control. c. Prior to the initiation of project construction, the. developer' shall provide the .information sp~cifled within the South [lortda Water Management District Impact 'Assessment report to the Sl~, SWl~2C~ Collier County for re~i~vl.'and that a. Conceptual Surface Water Hanagsment Permit shall be obtained from the SF~D. Collier County. review shall be coed,trod according to 'the provisions of Chapter 380.06,'Florida Statutes. EDUCATION{ According to SWl~RPC's estimates of students added by the Parkl~ndm to the school system and th~ cost for required school construction Sg~PC rec~ends that the applicant contribute a school site to one of the two school districts. Thio contribution is warranted by the need to make the project a more self-sufficient, self= standing c~mity. ~e d~dication of an on-mite school elto also would provide the project with a needed co=unity center. Condition: A fifteen (15) acre school site shall be donated to the Collier County School Board, per correspondence ~tcached aa hhibit C. ENERGY: ~e proposed project would be an all electric develo~ent and would increase the energy de~nds of the Region. ~e applicant has c~ltted to provide a variety of eneriy conse~acion measures to reduce ~he ~pact of ~hat increased energy demand. Conditions: ~e following energy conse~ation features shall to ~he ex~ent practicable and feaaible~ be incorporated into the final sits plans a~d nrchitecture for '~e Parklands" or be ~plemented thr~ appropriate deed restrictions and e~enants tn order to nitilats turther the eneru inpn~ts of the proposed project, a. Pr~ision of bicycle/pedestrian system connectin~ all land uses, to be ~laeed sloes all arterial~ collector, and iocal roads within the project, Thio system is Co bo consistent with applicable County requirements. Provision of bicycle racks or storage facilities in,. recreation and residential areal. Cooperation in the locating of bus stops, shelters and ocher passenger and system accommodations for a transit system Co serve the project area. d. Uae of energy-efficient features in window desisn (s.S., shading and tinting). e. Uae of operable windows and ceiling fans. Installation of energy-efficient appliances and equipment. g. Prohibition of deed restrictions or covennnCe chat would prevent or unnecessarily hamper energy conser- vation efforts (e.g., building orientation, clotheslines and solar water heating systems). h. Reduced coverage by asphalt, concrete, rock and similar substances tn streets, perking lots and other areas co reduce local air temperatures and reflected light and heat. I, lneCallaCiofl of energy-efficient lighting for streets, parking areas, recreation areas, and ocher interior and exterior public areas. J. Use of water closets wl~h a maximum flulh of gallons and shower heads and faucets with · maximum flow rate of 3.0 gallons per minute (aC 60 pounds pressure per square inch) me specified in the Water Conservation AcC~ Chapter ~3.1A~ ~lorida Statutes. k. Selec~ion of native plante, trees end ocher vegeta- tion and landscape design features that reduce requirements for water,.fertiliser, maintenance and other needs. 1. Plan~inS of native shade trees to provide reasonable shade for a~ructuies, streets and parktnl a~eaa. Placeaent of ~raes to provide needed shade in ~he vamer u~nthe ~ile not overly reduci~8 the benefits of sunlight in. Ohs coo~er months. n, ~lanting of native shade ~rsea for each rssiden~ial u~tt, solar heat gain by w&lls and to utilite natural cooling effects of the wind. p. Provision for structural shading (e.g,,, trellises, awnings and roof Overhangs), wherever practical when natural shading cannot bs used effectively. q, Inclusion of porch/patio areas in residlntial units. r, Consideration by any pro, act -architectural review com~ittee(e) of energy conservation manures (both those noted hare and others) to assist builders, residents, and others in their efforts to achieve greater energy efficiency in the development. FIRE PROTECTION: The project is proposed as a single co.unity. However, fire protection ssrvtces are current- ly provided by two independent districts, located in separate counties. In order to ensure that service is provided without unduly burdening one of the districts, timely improvements in both Districts will bs needed. In Collier County, the proposed development is located within the North Naples Fire Control District; response time ia estimated to require 10-13 minutes. North Naples Fire Chief, James Jones, has stated that existing fire facili- ties and equipment ars not adequate to provide protection to future Parklands development. Chief Jones ssti~ates that the }'arklsnds will crests s nasd for mitigate the project's nsgative fiscal impact by contrib- uting in a timely mannnr i~s fair share of th~ capital and op,rating exp~nn~s to provid~ adequat, fir, protectl~ s~ic~s to tha project and surroundin~ fire district~ ~he North Naples Fire Control District should coordinate vith Bonita $prinse Fire Control and Rescue District to ~eo {~mty can be protected I~ho~ n4cosoaz7 b~ tho Condition= ~, developer shall donate/make cash pa~enta ~o ~he North Naples Fire Control Dis~ric~ I. per (~hibi~ D, a~ached hereto and by reference made ~ part hereof) spprowd by ~he No~h Naples ~ir~ Control Board on Aulus~ 1~, 198~. FISCAL= ~e lock,ion of ~he proJsc~ has c~used issues ~hat would no.ally be of local concern ~o becks re~ional in concern due ~o ~ha n~ed for ~he two co coordinate se~ices. Par~ of ~he concern for coordina- ~ion is for adequate [in~ncial resources co be for lundinI ~he ~e fiscal impact analysis indicates that in the first ~ear of the Lee County portion of ~h~ project, "~e Parklands" will yield negative ne~ fiscal impacts on bo~h ~he Lee County 2overnment and the school board opera,lei budgets. In ~h~ firs~ ~hree years of ~h~ Collier County portion of cbt development, ~he proJec~ will hav~ n~ativ~ lmpac~ on c~ Collier County School Board. ~hs second year of ~he Le~ County portion and ~ach year ~hereafter, "The Parklands" will deliver ~ positive fiscal impact on ~he opera,inS bud~n of Le~ County government and bo~h coun~i~s' school boards. ~e ~pac~ on ~he Collitr county governesS, howsvar, sill b~ ~lve for all years. ~e applicant sill ~kt ~ha~ viii caus~ ~he.proJec~ ~o yield a neutral or positive ne~ fiscal ~pact. In Collier Council, fiscnl can b~ achieved by r~quirinl th~ d~veioper to include s~ll c~ercial c~onsnt within the Collier ~unty portion of the proJect;'not clli~ airiculturll exe~ptions for undeveloped phases In th, Colli*r portion; and to require the dedicntion o~ public fncilitl~n to se~e the po~liti~ within the project. ~unditiona~ .The applicant has, agreed to dedicate a park site to the County, a school site to the School Board, donate money, to the ~ira Diatrictl and provide required rishts-of-~a~, AL1 of these should mitigate the project's. fiscal l~pecta. 6. ~EALTI/ CA~E! The ~aplas Coeeunity Hospital ~orth Collier ~aSlth Csnt~r Pill provide amsrsency medical, service to the Collier County portion of the project; response time is estimated to require four to six minutes. Las County Z=ergency Medical Services will service the Lea County portion; response time is expected to be six minutes. Conditionz The Collier County Emeriency' Nedical Services shall coordinate with the applicable Lea County ASency to assure a coordinated response policy .for providin~ emersency medical services to the project durin~ all phases of development. 7. HOUSINGt Few resident families in Lea or Collier Counties vili be able to afford to purc~e · rae/~l~nt~l amir the Parklands unless the family his other siesta in addition to earned income. Consequently, the employees of the com~erciel development proposed for The Parklands in Lee County will generally not be able to live within the project. Condition~ The Developer is strongly encouraged to include an appropriate number of on-site dwelling units for prospective employees of the proposed co~erciel and office establishments. (Note: the co~erctal ia proposed within Lee County.) 8. POLICE PROTECTION: The Collier County Sheriff's Depart- ment affirms an ability to serve the Parklands project, Collier County Deputy Chief, Don Hunter, aat/~ates that the project will create a need for an additional a~x (6) patrol deputies which ha eat/daatea to cost I192,000 at project buildout and each year thereafter (constant dollars). Conditional The Collier County Sheriff's Department hereby requested to coordinate with Lee County Sherifl'l Department to fora response policy that viler, police protection vhsn necessary to Les Count7 Parklands residents, at a~ phas.a of access road residential conltructiofl. TRANSPORTATION: Ss Parklands DRI sits is currently access/hie only by a gravel road on the north border in L~s County. Development of tbs DR1 will requirs paving and sxtsnsion of Carrel1 Road to the east, construction of access roads to the site fro~ the northveat and south, sad provision of roadway improvements along ]m~okalaa Road in Collier County. Conditions: a. Prior to the issuance of any construction permits for the Parklands Phase II' (Year 1991), the applicant shall commit to construct or cause to be constructed at no coat to the local $ovsrn~snt, an access road and intersection improvements deemed nscssaary by the Lee and Collier County Engineers, running northwest and connecting with Carrel1 Road. This access roadway shall be completed prior to the irantin8 of any certificate of occupancy vithin Phase II. Following the initial construction by the applicant of the northwest and south access roadways, these roadways shall be placed under a monitoring program to ensure that level-of-service C ia not exceeded during bulldout of the Parklands. Prior to the issuance of any construction permits for the Parklands by Collier County, the applicant shall commit to construct or cause to be constructed at no coat to the local 8overnmant an access road end intersection improvements deemed necessary by the County Engineer running south end connectin8 vith Immokalea Road. This access roadvay ahall be co~ p~eted prior to the grantin~ of any certificate st occupancy tn Collier County. ~ecauae several ~arie developments hays been propofld tn this area, there ia need {ota ~Jor collector betveen Cattail Road and I~kalee Road tht~lh the 9 Ce Parklands proJact. Thsrafora~ tbs applicant shall provids or ca, as to bs providsd a ma]or collsctor road through tha Parklands or donate right-of-way on the eastern boundary of the Parklands not to exceed. 75 ~ast~ subject to the approval of the Collier.. County Enginssr. At tbs tima that any portion of the follo~ing road- ways is found to exceed, levee-of-service "C" (by the Collier Counnt2 Engineering Department or other appropriate County Department), the applicant shall become obligated to pay a proportionate share of the cost of'the total improvements necessary to maintain level of service "C": (1) lmmokalee Road from CR 951 to Parklands' south accesl (2) Xmmokalee Road from Parklands' south access to Oaks Blvd. (3) Immokalee Road from Oaks Blvd. to Airport Road (4) Parklands south access road from Parklands boundary to Imokalee Road ($) Parklands northwest access road from Parklands boundary to Collier County line. de At the time that any portion of the following intersec- tions is found to exceed level-of-service "C" (by the Collier County Engineering Department, or other appro- priate County Department), the applicant shall become obligated to pay a proportionate share of the coat of signalization, turn lanes, and other improvements deemed necessary by Collier County. (1) Immokalee Road and CR 951; (2) Immokalee Road and Logan Blvd. Extension; (3) Immokalee Road and Oaks Blvd.; (6) lmmokalee Road and X-75; (5) Immokalee Road and Livingston Road; (6) Im=okalee Road and Airport Road; (7) South Access Road and Inmokalee Road (Collier County). e. The Developer's fair share ahail be determined durin$ final plat approval of each phase of development for ,= 021. 206 any road segment or intersection listed herein, which will be operating below Level of Service "C" (Average Daily Trips) at the buildout of that phase. The [~ Developer's fai~ shall shall be the pro~eet traffle'~ .:~' , .,,.. percentage of total traffic on the toad aegnent/in- taraeetion at the buildout of that phase, including that phaaa, aa proJactad at tha tima of platting. O~ce.. She .Developer'. percentage fair .hare ia determined and the Count7 or ~DOT have estimated the colt £or the needed improvement, the Developer ah. Il provide assurance of its ability to pay its fair eh.re h2 providing eecurit7 acceptable to DCA a.d the entity re.poneible for improving ~he road se~ment/in~er.ection. Such security ma2 ~ake the form of a le~er of credit, escrow account, mortgage, bo.d, or other eimilar security. The actual colt of the needed improvement amd Developer'e eh.re .hall he de~emined at ~he time of letting the contracts for conetruc~ion of the needed improvement by the makin$ the improvemen~(e). Pa~mant og ~he Developer'. proportionate ab.re ah~ll be due Se~ice level de~e~ina~io, shall be made b7 either ~he Collier County En~ineerin~ Depar~men~ Eee En~lneerin~ Depar~man~ or ~OT. To ~hia e~d. ~he applican~ .ball .ubmi~ an annual moni~orin~ repor~ ~o ~he Collier County En~ineerin~ Depar~men~ ~0, amd ~he Sou~bwea~ ~lorida ~e~ional Plannin~ Council ~or review. The ~lr.~ mon~or~n~ repor~ shall be au~mi~ed a~ ~he ~me o~ ~he issuance o~ ~he ~i~a~ certificate o[ occupancy ~or ~e Pa~klanda. ~epo~a shall he submitted annually un~il buildou~ o~ This repor~ shall include ~a~lc coun~a ~akea on a veeEda7 du~n~, peaE sea.on a~ ~he access po~n~ (1) lsmokslea ioad'and CI 9~1 (Collier Councy)l (2) Imnokalee load and Logan Blvd. (Collier Covnty)~ (3) Immkalee load and Oaks Blvd. (Collier Cou~ty)t (A) Innokslee load and 1-75 (Collier County)l (3) Iunokslee load and Livingston load (Collier Count7)~ 11 fe (6)'.Inn°kales. Road and Airport Road (Collier . County)l The purpose of the. nonitorin~ report aha11 bs to indicate when LOB "C" ia axcaadad on impacted road-, vay~ .and/or intersections and to provide updated information lo more accurately forecast project buildout traffic and total traffic for determination of proportional share. Prior ~o final pla~ approval for each phase, the applican~ shall subni~ a traffic n~udy to ~he Collier County, En~ineering Department, the Colli,r Regional Plannin~ Council. ~is s~udy shall include the traffic counts from the most recent annual report and projections of project traffic, through compls- ties of that phase, on the road intersections listed in paragraph (f) and the regional road aepents identified in (e) hereof. Final plat approval of an additional phase shall not be granted until the fair share required for the project, including the additional phase, has been secared and all payments which yore previously due have been paid, If a proposed phase would cause a road sel~snt/intersection listed above to exceed LOS C, the Developer shell have the option of delaying development of the proposed phase until funding commitments are secured from responsible entities and construction has coe~enced. ALTERNATIVES= Impact Fees and/or Assessments= If an impact fee and/or assessment ia adopted by Collier County or ocher appropria~e agency or $overnaent which includes the project's fair share payment of any of the transportation improvements specified in the Development Order or PUD, this fee or assessment shall be substituted for the fair share paynents required by this Development Order .~I'VI) for the types of l~pro[~s (State, Regional or local) addressed by said impact £sa and/or assessment. Any such parents made £or enid improvements prior to the adoption or enactment of an ~mpact fee and/or asseemsnt shall be credited tovard t~s fees or assessment(s) imposed on the project, If an adopted impact Ice/ assessment does not address state roads impacted by this davelop~antj proportionate share payments shall be ~edn for such roads regardless si the impact fee/assess- ment contribution. b. Other Alternstivaa~ It ie understood that the specific conditions listed above require coemit- meats [or payment from the developer and ieplic- it c~itments [or construction from local and State agencies. In some caeea~ the improvmnta may not result even vith applicant co~it~nts because of the lack o~ c~itment by State agencies. Therefore, Collier County is a11~ed to provide alternatives to the above conditions ~hen the alternatives mitiiate regional toe,ay impacts. Should this alternative be puraued~ Collier County shall solicit S~RPC revie~ o~ the alternatives prior to an amended Develo~ent Order bela8 adop~ed. 10. ~ASTE~AT~R ~AG~ENT: ~e applicant proposed to provide on-site vaste~ater collection, treatment and disposal. The specific location o~ the holding ponds has not been provided.. C~ndition: ~e epecillc location si the holding ponds must be provided at the time ~t pe~it application and prior to pro~ect construction bein~ initiated. A mini~ lO0-~oot separation is required betveen 'the proposed ponds and any retention/detention areas st the surface valet management system.. 11o ~TE~ SL?PLYt Three options are under coneideretion for t},e water supply fop thil proposed project.. They are the Ca) the Collier County portion Co be served by em on-lite. wellfield wichdrawina from .the Tamiami Z~ne X Aquifer~ (b) the Bonita Springs Water System to serve both the Lee County and Collier'.Coun~y portions or the proJectl or (c) on-mite wellfield, withdrawing from the Tamiami Zone ! Aquifer, Co serve both the Lee County and Collier County portions, Condition: s. If an on-site wellfield is developed for all or parc of the project, more detailed information shall be required aC the time of permit application Co confirm thac the wellfield as proposed will have no adverse impacts on the resource, ocher existing legal users, or the environment. b. In the event that the Bonita Springs Water System used co supply all or parc of the potable wstPr demand, the Collier County Utility Division and any ocher proper regulatory body must approve an expansion of the service area. c. Water conserving devices shal! he installed in all new construction, as required by scats law (Chapter 5~3.14, F.S.). ~2. LEAPFROG DEVELOPMENT: The proposed project constitutes unanticipaCed development in an area which ~s currently in intensive agricultural uae and ia largely undeveloped. ie not within the major growth areas of either Lee or Collier Counties. ~e provision of services by local Bovernment will involve an extra effort to reach this location. Additionally, the development ia phased so that residential unit construction does not begin within the Lee County portion until approximately six years after project initiation. Thl~ intervening per~od could result in the conditions upon which the review is based to change, .o that u~tpated adveree impacts coul~ro Condittonl The project will be incorporated into an 'areavide HSTU or other appropriate funding mechanism, for tbs,,provision, o£. municipal services, if found to be necessary by either or both Collier County and Lee County aS & ,fundinl source for the provision of con,unity .: II',~ViCIIo 13. G£NE~AL CONSIDERATIONS= In the ADA for "The Parklanie," numerous c~itmente were made by ~he applican~ to ga~, project impacts. ~n7 but not al~ of the~e Condition~z a. A~I co~i~mentn and impacc~tCigatin~ actton~ provid- ed by the epplican~ within the App~icatton for Development Approval (and aupplemen~a~ doc~en~l) ~hat are no~ in conflict with lpeci/ic conditions proJec~ approval outlined above are adopted ae conditions for approval. b. ~e developer shell ~ubml~ an annual repor~ on the dev.lopmen~ of regiona~ impac~ ~o Collier County, the South~es~ Florida Resional P[annin~ Council, the Department of Co~niCy Affairs and all affected pe~i~ a~enciea aa required in Subaection 380.06(16), Florida S~atutea. Sec~ion B. Co~i~menta ~pecif/ed in the PUD Ordinance ae~ forth in Exhibi~ A~ a~tached hereto and by reference made a par~ hereof are hereb2 adopted as conditiona of approval of thia Devel- opment Order aa followa: 1. WATER ~NAC~ENT: a. Detailed ~ite drainage plana ~hall be aubmitte~ to the Mater Hanalement Adviaory ~oard lot review. conatruction peml~a ahall be iaaued unleaa an~ until approval of ~he proposed cona~c~ion im accordance ~ith the aubmitted plana ia ~rante~ by the En~ineer, b. ~ ~eava~ion. Pemtt ~lll be require~ for the ~r~ posed lakes In accordance with Collier C~nty Ord~- hence No. 80-26, aa ~ended by Ordl~nce No. 83-3 a~ aa ~y be mnded tn ~he future. ~IROI~TAL CONSIDE~ATIONSz 'a. A lice clear,ns plan shall be submitta~ co the Natural Resources ,Nanagemsnt Department and Con, unity .Dayaloplnent Division for their review and. approval prior to any substantial work on the nice. Thio plan may.be submitted in phases to coincide rich the daYelopnent schedule. The ai~e clearin$ plan shall clearly depict. ~ow .~ha final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking logs, and other facilities have been oriented co accommodate this g0al aa much al practicable. b. Native species shall be utilized, where available, to the maximum extent possible in the nice landscaping design, A landscaping plan will be submitted co Natural Resources HanagemenC Department and the Co~rnuniCy Development Division for their review and approval. This plan will depict ~he Incorporation native species and ~heir mix with ocher species, a~y. ~e Aoal of site landscaping shall be the re-creation of native veleca~ion and babiCa~ charac- teristics lon~ on cbs nice during construction or due co past activities an much as practically and econom- ically feasible. c. All exotic plants, as defined lo the County Code, shall be removed during each phase of construction from development areas, open space areas, and pre- se~e areas. Following ai~e development a mainte- nance proAr~ shall be implemented ~o preven~ reinvanion of the lite by such, exotic species. plan, which vill deicr~be control techniquel and ~nlpection inCe~all, shall be f~led vith and proved by the ~atural Riiourcel ~analenent Deparcnent and the C~nity Developnent Division. d. If, durini the courle of lite clearinE, excavation) or other COnlt~Ctional activitiel~ an archaeololical or hlltorica~, artifact, or ocher · loo, 02!,,,.: 2:!.3 ae ,dl·covered, all development ac Char location shall be ~m~ediacely etopped and the Collier County Natural Resource· lien·dement Department, ch· Bureau fli·corical Sites and Properties, Florida Departmen~ of St·c· shall be notified. Develop~nt viii be · uepended for · sufficient length of cite Co thee· agencie·/deparcmsnt· Co as·es· the find and determine the proper course of action in regard ica salvageability. The boundaries of the wetland· shall be ~lagged, and seviewed by the County Environmentalist end surveyed prior to land clearing or grubbing, a. The petitioner, his successors or assigns, shall dedicate 75 feet along the eastern boundary o! the project to the County for use as future right-of-~ay. The dedication shall be made at a time requested by the County or at ch· convenience of the petitioner. whichever occurs first. b. The petitioner, his successor or aseigne~ shall cause to be dedicated to the County a 75 foot vide right- o~-way along the east section line o~ Sections 16 and 21~ Township a8 South, Range 26 East. Further, the p~titioner shall cause to bs constructed a mini~u~ of two (2) lanes ol a Iuture ~our (~) lane arterial road along such right-of-way. This roadway ia to serve aa the main entrance to that portion o~ the project in Collier County. In the event chac ~he County'e aeets~ance is needed in acquiring the right-oI-way, as in the case o~ eminent domain, proceedings, the pe~itioner shall be responsible for all acquisition coe~e incurred b2 the County~ including legal coecs and land coa~a. lC is ·leo understood and agreed upon chaC developments approved by the County in Sections amd 21, T~ahip Ig $outh~ Range 26 Rae~ ·hall he ~e~uired b2 ~he Cou~t2 to ~o.·te and iaprove their ~orCion· o! ~he above noted righc-o~-~·I ·al roat 17 c. 2n ~he even~ Ch·~ the ecceee described in b. canno~ be provided &~ ~he ~ime of the comeencemen~ u~iliee ·n exie~in{ 60 foot vide easement Co a tmnporary ecceee ~o the proJec~ from Hishvey* The roedvay constructed on such eh·l! be to She et·nd·r~e provided in she Subdivision Rssulatione ~o the ex~ent possible and be located generally as depicted in ~hs Appiica~ion for Develop- ment Approval (ADA). To ~he lx~en~ ~ha~ ~his ~emporary facility is needed, and because o~ the limited access afforded by the easement, the proJec~ development shall bs restricted in ~hs followin{ manner: 1. No addi~ionsl building permits for any senerator shall be issued a~ such ~ime aa the average daily volmne of crave1 on Cbs access road exceeds 7,800 ADT. 2. No~vi~hsCandtn~ 1. above, ~hs maximum number of residential dwelling unica permic~ed Collier County por~ion shall no~ exceed 185 single family and 915 multi-family units. 3. The petitioner airees not ~o provide internal access ~o an7 portion of ~he proJsc~ located in Lee County unless and un~ll an approved access ia provided vis Les County rosdvays. Construc- tion of the above ~emporary road viii no~ release the pe~itioner from the responsibilities outlined in b. shove. The permi~ted number of dvellin8 unica under item c.2 above may be changed using the follow- ing critsria~ Single-Family 10 ADT Nul~i-F'mily 6 ADT d. The petitioner shall reserve · 75 foot vide righ~- of--~ey along the southern proJec~ boundary line. In ~h, ,v,nt ~..h~.~.uch ree,rvetion le n,,d,d 18 ,.. 021,,:: 215 construction of an east-west collector roadway, petitioner, his successors, or asalins shall dedicate said land at no cost to ohs County. e, The petitioner, ac his option, in'lieu of reaervin{ such lands for a futura roadway as outlined in d. m~y ~ elect Co construct the southernmost east/west roadway within the project co collector road standards and alons an alisnmsnC acceptable co the County Transpor- tation Director co serve sa chat portion of the proposed east/west collector chac would otherwise be adjacent co the southern boundary of chis project. Such internal collector will provide for the neces- sary connecctcrl to the eaec and f. The developer shall provide separate left and turn lanes on Immokalee Road at the project's south access road prior co the issuance of any certificates of occupancy, and aha11 make a fair share contribu- tion toward the capital cost of a traffic signal when deemed warranted by the County Engineer. The signal shall be owned, operated and maintained by Collier County. g. The developer shall bear the entire coac of tr~fflc signals which may become needed at intersec- tions within ~he project. h. If the Lee County portion of the Parklands ia not approved, the developer aha11 provide a revised Traffic Analysis which shall be reviewed by Collier County staff. Required traffic mitigation aha11 be adjusted according Co the findings of the ?raffic Analysis and aa approved by Collier County A. Water & Sawer (Collier County) l. Water distribution and sewage collection and transmission systems vail be constructed throughout th~ project development by the developer pursuant to all current requirements of Collier County and the Stats ot [lorida. ViCir and lever lit/l/till conlCructsd vichin ~ents required by the Count7 shall ba conveyed to ,~hs County, for ownership, operation and · aintenancs purposes. All water and sever. fact~tties oonetructed -on private property and not required by the County to be located within utility sslamsnte shall be owned, operated and maintained by the, Developer, hie asaiins or successors. Upon completion of construction of the water and sever facilities within the project, the facilities will be teated to insure they meet Collier County's minimum requirements at which time they will be conveyed or crane- farted co the County, when required by the Utilities Division, pursuant co appropriate County Ordinances and Regulations in effect at the time conveyance or transfer ia requested, prior to being placed into service. All construction plans and technical specifica- tions and proposed place, if applicable, for the proposed water distribution and sewage collec- tion and transmission facilities must be re- viewed and approved by the Otilitisa Division prior co commencement of construction. Ail customers connecting co the racer distribu- tion and sevase collection facilities will be customers of the County and will be billed by the County in accordance with Florida's Public Service Commission approved rates. Should the County not be in a position to provide racer and/or sewer service to the project, the water and/or sever customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sever facilities are available to serve the project. It ia a~ticip&tsd thsC the Count~ ~tllities Division will ultinatelI supply potable water to lae~ th~.,~tueptivl de.and and/or rec~nd 20 ,= treat the eevage generated by thLs project. Should the County system not be in a poeftton to r supply potable rater to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interi~ water r supply and on-site treatment facilities a~d/or interim on-lite sewage treatment and disposal facilities adequate to meet all requirementl of the appropriate regulatory agencies. An Asreemsnt shall be entered into between the County and the Developer, bindin$ on the Devel- oper, his aaeign~ or successors, legally accept- able to the County, prior to the appreval of construction documents for the proposed project, stating that: a) The proposed water supply and on-site treatment facilities and/or on-lite waatevater treatment and disposal facili- ties, if required, are to be constructed as part of ~he proposed project and must be regarded as interim; they shall be con- attracted to State and Federal standards and are to be owned, operated and maintained by the Developer, hie assigns or successors until such time aa the County's off-site water facilities and/or off-site sewer facilities are available to sera. ice the project. The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility faclllty(iea) ~ay not be expanded to provide water and/or sever service outside the. development boundary approved by the County without the written consent of the County. 21 Upon connection to the CounCy~l off-lite vats~ faciliCill, end/or lever facilities, the Developer, hil isli~nl or lUccellorl shall abandon, dis~antls and remove fro~. the site the interim va~er and/or'llvagl trelt~ent facility and discontinue ,uls of the vicar supply source, if Ipplicabll, in · a ~nner' consistent rich. State of Ylorida standards. All vork related vith chil activity ihall be performed ac no COlt to the County. c)' Connlction to the Countyie off-site racer and/or sever facilities vhln available along CR 846 vill be made .by the ornate, their sleighs or luccelsora at no colt to the County vithin fro-hundred leventy (270) days after such faciliCiel become available and lesal access il available. The cost of connection Ihall include, but not be limited' to, all engineering dell~ ~nd preparation of construction documenCl~ pelleting, modification or reftcCinj savage pumping facilities, incerconnecCion vich County off-lite fJcllitiel, vicar an~/or lever lines necellary to ~ake the connection(s), etc. The developer share these expenses rich other ulerei, applicable, or if the developer funds lore than its proportionate share of these coati, then the County shall collect and rei~urae Developers vhen other ulerel connect (on a proportionate basil) to the d) AC the time Co~ty off-lite rater and/or s~er iacilities ~re available ~or the project to connect rich, the vicar and/or e~ir iicilitiel shall conveyed to the County pursuan~ to appro- pti&ts County Ordinances and Resulationa in I) All water and/or sever facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits and those additional facilities required to saks connection with .the County's off-site water and/or sever facilitisal or, 2) All water and sewer facilities re- quired to connect the project to the County's off-site water and/or sewer facilities when the on-site water and/or sewer facilities are con- structed on private property and not required by the County to' be located within utility easements, including but not limited co the following= a) Hain sewage lift station and force main inter-connecting rich the County sewer facilities including all utility easements necessaryi b) If applicable, 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 nlClllary, e) The customers served on an interim basis by the utility system constructed by the Developer' shall become customers of the County ac the tine vhen County off-mite rater and/or sever facilities are available ~o nerve cbs p~o~ac~ and such connection is nada~ Prior Co connection of Cbs project Co the CountT'a off-sits racer and/or liver luccsllorl Iha~! ~urn over ~o ~he Count7 a complete ZlsC o~ Cbs customers sewed b~ cbs interim u~iZicias sTscem and s~a~ no~ raspers rich cbs C°unc~ ~or cbs sst'vice o! ~e ~eveZopec .ha~Z aZ.o provide the Couac~ v~ch a data,Zed ~nveaco~ o~ the ~e~ea v~Lh~n the p~o~ect aaa the vh~ch v~Z] be ceapona~e ~oc the varec p~oJec~. All construction plan. and technical specifications re~a~ed ~o connections ~he Coun~7's off-site water and/or aew~ facil~t~es will be subm~ed to the ~iea D~vision for review and app~ova~ p~o~ ~o co~eh~emen~ of The Developer, h~s aa.~Sns o~ successors asree ~o pa~ all aTae~m developmen~ cha~ea at the time Chat Bulldins Pe~lCl are required~ purauan~ ~o appropria~e Ordinamcea and Regulations ~n e~e¢~ a~ ~he ~Ame o~ Pe~i~ request. ~ia requiremea~ shall be made kn~ ~o ali prospective humors o~ proper~isa for ~h~ch pe~i~a w~ll be requi~ed prior ~o ~he of buildia~ ¢oa~ruc~ion. ~e Coun~M ~ill leaie ~o ~he Developer opera~lon and main~enance ~be water button and/or sewage collection and mission ayaeem for the ~ o~ $~0.00 per 2ear, ~hen such a2a~em ~a not comnec~ed eo the o~-a~te wa¢e~ end/or sewer ~acllit~ea d operated b2 the County, ~f 24 the la·es shall be determined upon comple- tion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facili- ties · nd/or the eewage collection, trane- mission and treatment facilities. The Leaee, if required, sh·ll remain in effect until the County can provide water and/or sever service throush its off-miCe facili- ties or until such time that bulk rate water ·nd/or sewer service agreements ·re negotiated with the interim utility system serving the project. Data required under County Ordinance No. 80-112 shoving the availability of eewage service, Mst be submitted and approved by the 0tllittas Division prior to approval si the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the waetewater treatment facility to bm utilized, upon receipt thereof. If an interim on-site water supply, treatment and transmission facility ia 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 appropri- ate Fire Control District for the phase under development. A detailed design report verifying the plant capacities must be submitted to the Utilities Division with the construction documents. Water and sever service shall be provided to the project pursuant to the following requirements: Water: The Lea County portion of' the project shall be supplied by · system located within Lee County, Water service eh·X1 not extend across County lines unless authorized in witins by Collier County. The Collier County portion of the project shall be 25 lupplied from. the fac/lit/se of the County, if available, or from intert~ on-site or off-site water ,,. lupply and.treatment facilities found to be accept- able to the County. . S~wsr~ An interim sewage ire·tm·st and ~lsposal facility located in Collier County shall provide 'service to the part of the proJ·ct in Colli·r County and may provide lervice to .the entire proJ·ct. the facility ie utiliz·d to provide service to the part of the project in Lee County, the sss·ge coil·c- tion ·nd trans~ission facilitie· located in County,'which would contribute sewage flow to this facility shall be owned, operated and maintained By the Developer, his' a·signs, succe·sors or other entity acceptable to Collier County. If the uss of single tre·tment and disposal f·cility is governmen- tally unacceptable, two (2) separ·te sew·g· f·cilities, one (l) in each County ~ust b· con- structed to serve the project. Any Join~ ms~hod of sewer service for The P·rklands project ~u·~ be found to be mutu·lly ·greeable by adopted Resolution by Board of County Commissioners of Les and Co~lisr prior ~o commencement of cons~ruction docu~en~ review by the Utilities Division. E. Whsn the County has the ability to provide treatment and disposal ·nd/or w&ter supply ·nd dl·trtbutton service·, the Developer, hie ·astgns or successors will be responaibl· to connect tO th·Il facilities ·t · point to be mutually ·gre·d upon by the County ·nd The Parklands own·r~ with Th· P·rklands ·.~uaing all costs for the conn·c~ion work to be perform·do F. The project's O~er(I)~ hie alsisnl or euccsllore shall negotiate in ~ood faith with the County for the use of treated severe effluent within the project limits, for irriletion purposes. The Owner would be responsible for providin~ all on-site pipin~ and pumpinl fa~l~ from the County's point o~v- 26 sty to the project and negotiate with the County to provide full or partial on-site etoraga faciliciem, as required by the DER, consistent with the volume o£ treated waetewater to be utilized. G. ~f shown Co be necessary to 8erve the project by the " County, a rater storage tank and repump site shall be provided b2 the Ovner on-lice of a size and locatAon to be mutually agreeable to the County and The Parklands ovnera. If necessary Co nerve the project on an interim basis, The Parklands may be required to instill a water Itorage cask on-nits if County water facilitiel are hoc available ac the time development commences. Should the County desire to oversize Chess facilities, in anticipation of future demands vhen the County's water facilities available to serve the project, the County shall nogoCiace a satisfactory method of reimbursement co the Developer for loch oversizing. H. Construction and ownership of the racer sad sewer facilities, including any proposed interim water and /or seva~e treatment fac/l/ties, shall be in compli- ance with all Uc~liCies Division Standards, Policies, Ordinances, etc. Ln effect sc the time construction approval is requested. ~. Prior co approval o( construction docubents by the Utilities Division, the Developer must present verification, pursuant co Chapter 367, Florida Statutes, ChaC the Florida Public Service Collusion has .granted territorial rights to the Developer to provide sever and/or rater service to the project until the County can provide these set-vices chrouEh ice rater and sewer facilities. J. Detailed hydraulic delian 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 a~l deelln assumptions, demand 27 races and ocher factors pe~cinenc co the system under considerations. The developsr shall.contribute hie fair share of the cost of installing s sever crsn~ieelon line fro~. the. project to any acceptable off-sits saver treatment plant facility and return (Created' affluent) transmission line from such an off-site treatment plant facility Co,ch. project. The County shell cooperate and assist in securing all needed off-site easements. The details of Chis item shell be mutually agreed upon between the developer and the County at a later date. ~losquito Control: a. Tbs developer shall petition the ~osquito Control District to have the site included into their district. Parks.and Open Space: a. The developer shall donate rs the County a 7.23 acre site for use as a neighborhood park. The site intended to be located in the vicinity of the elemen- tary school site in the Northeast corner of the Collier County portion of the project. b. If the site is not used or needed within seven (7) years fro~ the date of the PUD/DRI approvals then a pa~-ment in lieu of may be made provided such a payment is mutually agreed upon by the County and the project sponsors. Exemptions to the Subdivision Re~ulations: a. Article X, Section 16: Sidewalks/bicycle paths will be provided on one side of the street, except that on mingle family cul-de-sac right-of-ways, the sidewalk requirement shall be waived. b. Article X, Section 19: Street name markers and traffic devices shall be approved by the County Engineer but need not eeet the U.S.D.T.F.H.W.A. ~anual on uniform traffic control devices. Street pavement painting, striping and reflective edging on secondary road system shell be weived. Reflective edging of main road system shall be ~aivsd. c. Article XI, Section ]0: PPJ~'~ installatio, in a typical water valve cover shall be waived. £. Article X, Section 24~ The requirement of utility ~ oaeing installation shall he waived. e. Article XX, Section 17H= The 1,000 ft. maximum dead-end street length requirement shall be waived. Article XI, Section 171: ~ac~ curb radii at street intersections shall he a minimum of 30 feet. g. Article XI, Section ]7J= The requirement for 100 feet minimum tangen~ st intersections of secondary road system will be waived. h. Article XX, Section X= The requirement for ]00 feet tangent sections between reverse curves of secondary road system shall be waived. i. Article XI, Section 21: The requirement ~or blank utility casings shall be waived. BE IT FURTHER RESOLVED, by the Board of County Commi,etonere of Collier County, that: I. All co~l~ments and impact mitigatin~ actions provided by the applicant in the ^pplication for Development Approval and supplemental documents and the application ~or Public ~earing for rezoning and supplemental documents ~hat are not in con- flict with conditions or stipulations specifically enumerated above are hereby adopted to this Development Order by re~erence. 2. The Co~nunity Development Administrator shall be the local official reepo~sible ~or assuring compliance with the Develop- ment Order. 3. This Development Order shall remain in effect for the duration o~ the project. However, in the event that physical development has. not co~enced within Collier County ten (10) yearsdeyelopment approval will terminate and thai development order ahal~ no lSnser be effective. For purposes of this require.ent "significant physical developwe.t" does include roads, drainage or landscaping but does include eon- etructton ot buildings or installation of utilities and facili- 'tieI' such as iever and water lines. .This time period may be extended by the Board of County Co,~iaeloners upon request by the Developer in the ~vsnt that uncontrollable circumstances. del&y the commencement of development. The applicant or thei~ IU¢CSISOr(S) in title to thi subject property shell submit · report annually, c~In¢ing one year from the effective date of this development order, to the Board of County Colissioners of Collier County, the Southvest Florida Regional Planning Council, and the Depsrtnaent of Community Affairs. This report will contain the infor~ation required in Sect'ion 9B-16.25, Florida Administrative Cods. Failure to eubmit the annual report shell be governed by Subsection 380.06(16), Florida Statutes. 5. Subsequent requests for devilopment permits ihall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the Board oI County Com~,isstonere of Collier County, after due notice and hearing, that one or more of the following is present; a. A substantial deviation from the terms or conditions of this development order, or other changes to the approved development plans which create a reasonable likelihood of adverse regional impacts or other regions1 impacts which vere not evaluated in the review by the Southwest Florida Regional Planning Council; or b. An expiration of the period of effectzveness of this development order as provided herein. Upon a finding that either of the above is present, the Board of County Comissionere of Collier County shall order atermi- nation of all development activity until such time as a ney DRI Application for Development Approval ,has been Iubmitted, reviewed and approved in ·ccordance 'with Section 380,06, Florida Statutes. The approval granted by thiI Development Order II limited. Such spprov·l shall not be construed to obviate the duty of the applicant to comply with all other applicable local or st·ts pst~itting procedureI, 7. The defiatCions contained in Chapter 380.06 shal! concro! the interpret&finn and construction of an7 terms of this Develop- Bent Order. 8. That this 0rdsr she1! bs bindin8 upon the Developer, asslinees or successors in interest. 9, lC is understood ~hst any reference herein to any 8overnmentsl sssncy shall be construed co mean any future instruBentalit7 which Ny bs crested or desi~nated or successor in interest to, or which otherwise poseeeSSl any of Cbs powers and duties any referenced $o~etmmsntal aSsncy in exilCence on the civl dacl of ~hil Ordlr. 10. ~n the event chic any portion or leccio~ of thil ~der dece~ined Co be invalid, illegal~ or unconstitutional by court or a~ency o~ competent ~urisdicCion~ inch dlcision Ihlll in no Banner effect the remainin~ portions of this Order which shall remain in full force and effect. Il. ~is resolution shall become e~fecClve as provided 12. Certified copies of chis o~der are Co be sent l~ediacely Co chi Department of Co.unity AE~airs, Souchvel~ Florida Regional Plannin~ Council. DULY PASSED AND ADOPTED this IOLI~aY of ~ 1985. DATE: Seotember 10. 1985 ..., '~ 9 .;'.~. ~ ~, ., .." A~r~,' ~.~/ (~."... ~PROV~'O~ ~D LEGAL SUFFICIENCY KgNN~H B, 'CUYLER , ~ ASSIST~ CO~ A~ORN~ BOAP. D OF COUNTY CONHISSIONERS COLLIER COUNTY, FLORIDA BY: FRED'E~K J. VOSS, CHAIRMAN Development Order Parklands 22"/ 3]. EXHIBIT #C LEGAL DESCRIPTION (COLLIER COUNTY PORTION OF THE PARKLANDS) T.E EAST ONE'HALF (E 1/~) OF SECT{ON 8. LESS THE SOUTH SIXTY FEET (60') AND SECT{ON 9, TOWNSHIP q8 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONTAIN{NO 965.q ACRES, MORE OR LESS. ITEM Uo.~.~ "(I EXHIBIT #C LEGAL DESCRIPTION* (LEE CouNTY PORTION OF THE PARKLANDS) HE EAST ONE-HALF (E 1/2) OF SECTION 4/ TOWNSHIP q~ SOUTH/ ANGE 26 EAST/ LEE COUNTY/ FLORIDA, CONTAINING 32~.1 ACRES/ HORE OR LESS. Nov{h Naples Fire Con{rol & Rescne Dis{ric 1441 PINE RIDGE ROAD ,, NAPLES, FLORIDA 33942 (813) 597.3222 August 30, 1985 Mr. Frederick J. ross, Chairman '{" ...... " Board of Commissioners of Collier,.Oountyy.~ Government Center ~."/~.. ~/ , .~ ',:. Tamiami Trail, East ".,~._,.~ ~ .~.~ Dear Commissioner Voss: Please be advised that an agreement has been reached between the Com- missioners of this District and the principals of a planned unit devel- opment known as "The Parklands" with regard to mitigation of the im- pact of the P.U.D. to the additional fire services facilities that this District will have to provide in the future in its northeast corner where The Parklands proposes to establish its development. Confirmation of the basis of the agreement will be found in the attached cqpies of correspondence as follows: (1.) letters dated 8/21/85 and also 8/23/85 written to the District by Agnoli, Assaa$, .Barber, & Bru~daEe . who have to date represented The Parklands, and (2.) letter dated 8/23/85 written to Agnoli, Assaad, Barber, & Brundsge by this District. A summary of the basis of the agreement is as follows: (1.) The Parklands will pay the District a total sum. of $112,5OO.00 which will be spread over a period of 10 years with 10 equal payments of $11,250.00 each. The first payment will be due when the developer receives his first residential building permit in tho District and the date of this payment will tablish the "anmiversary date" of the remaining 9 equal yearly payments. (2.) The monies shall be utilized for the new fire station that will eventually be built to service the general area which will include The Parklands. (3.) Should impact fees be .adopted for fire protection pur- poses, then the Donor/Developer shall be credited the above sum(s) against such impact fees. 1;';"'(4;) The agreement is contingent upon securing all of the needed approvals and permits for the Parklands and shall become part of the DRI/PUD document (when and if i,~ c .,. issued) and shall "go with the land". Respectfully Submitted, 230 North Naples Fire Oontrol By: ffen~ W. Maxant, Chairma~ "' agnoli, assaad, barber & brundage, inc."' profe~ional engineers, planners & land surveyors, August 23, ]985 AUG ~ u ~ Hr. Henry W. Haxant North Naples Fire Control & Rescue District 144! Pine RtOge Road Naples, Florida 33942 Res The Parklands DRI/PUD, Pile 11030 Dear Mr. Haxantl In response to you letter of August 23, 1985, regarding The Parkla'qds DRI/PUD document, ! would like to inform you that the additions noted in your letter are acceptable and wilX be incorporated in ?he Parklands Etna1 DRI/PUD approvals. RespectfulXy Submitted, AGNOGI, ASSAAD, BARBER & BRUNDAG~, INC. Wa[aa ~'//Asaaad, WrA/ga A.I.C.P. Please ~_ 7400 tamlaml trail, n. naples, florida 33963 (813) 597-3111 ,a E] bayside parkway, fort myers, florida 33901 (813) 337,3111 1 14.41 PINE RIOGE ROAO · NAPLES, fi:.ORIOA 33942 (813) 597-3222 A~us~ 2~, 1985 Mr. Wafaa F. Aasaad, A.I.C.P. Ag',oli, Assaad, Barber, & Brundage, Inc. 7400 Tamiami Trail, No. Naples, 31orida 33963 Dear Wafaa: Receipt is being acknowlegged of ~our valved letter dated Aum,,t 21. i~o5, re The ~ar~Aazm~ ~/~D an~ ~'~le ,_uCC, ant we s~ncere~y you for same. The four paragraphs in the body of your letter, ~ fo~ one minor addition and one major assumption, re=state what you presented at the 8/14/85 Meeting of the Board of C~mmissioners of this Fire District and which pres.ntatlon was officially accepted by majority vote (2-0) of the Commissioners at the same Meeting. Our two suggested correction/additions to you~. letter - which I am sure you ~,'L!l agree sho?.d be incorpora%ed into ii - ere as (1.) your paragraph #1: the first payment shall estab- lish the "an~±veraary date" of the nine e%ual yearly paym..~.o of $11,250 each which '.:i? ~hen (2.) new paragraph #5: "the above agreement shall beco~.~ a part of the DRI/PUD docuz~ent mud sholl "go w'th the land" (i.e,, shall be binding on any p¢,ssibU~ successors, L:!.rs, etc.~." T. ~rust v~,, w ~l ~ceo* '~is letter ~* OODJ~t~O~'~ ~ ~u zn~.a~ .~A el ~'.~ a~C ~2~ d~ove as necessary xu¢ ~osxrao ~ ~n~ ~,~ tha~ w~ ~ n promptly n~tify the Colller County Boor¢ of Ccmm_~ioner,. '~£ our -, ~uz... ~'r,,ement. ~ ~ ~e~lf of the North Naples Fire Control Dtstric ~ I woul~ !ik~ ~..~ ~hanV both~you ~ud yo~r ~rinoipaM, for a v~.~ faw'~ ~.~le so!u~io~ · ~, th~ jre~ '.~e D.-Yolen o~ ~ow~h impact in ourDi ~.r.. ~ Very t~.~ly ..ours, 232 North Naples Fire Control ~ ~.~ 3,.' Ae I:4strict man, cf giro Commic,l~ '.: i!" . agnoli, assaad, barber & brundage, inc. professional engineers, Pl' nnors & land' surveyors August 21, t985 The ttonorable Henry N. Haxant, Chairman North Naples Fire Control & Rescue District 1441 Pine Ridge Road Naples, Florida 33942 8ubjectz The Parklands DRI/PUD, File Il030 Dear Chairman The purpose of this letter ts to outline the offer made by The Parklands which was accepted by the North Naples Fire Control & Rescue District Board of Commissioners during the meeting held on August 14, 1985. Zn order that the project may fully mitigate all of its impacts on the North Fire Control & Rescue District the following was agreed upon: The total sum of One Hundred and Twelve Thousand,' Five Hundred ($[12,500.00) dollars to be paid by the Developer to the North Naples Fire Control & Rescue District over ten (10) equal, consecutive annual payments each in the sum of Eleven Thousand, T~o Hundred and Fifty ($~1,250.00} dollars with the first payment due and payable at the time of the issuance of the £irsc reside,t[~:i building pt~rmit within ~he ~orth Naples Fire Centre! & Rescue District boundaries of the project. 2e Tho above noted payments shall be targeted and utilized for the purposes of the planned construction of the service area ¢4) fire station and the purchase of i:s needed fire equtptment and aparatus (service area (4) is the service area in which The Parklands is located}. Should impact Roes be adopted for fire protection purposes, then the Donor~Developer shall be credited the above noted sum against such impact ~ees. 4. The above agreement is contingent upon securing all of the needed ap~va[~j~ permits for The Parklands. Please ~, 7400 tamlaml trail, n. naples, florida 33963 (813) 597~]111 Reply Io: . UI 207? bayslde parkway, fort myers, florida 33~01 (813) ~7~111 ?,':~a~%?he Honocabl® Henry Maxant Page 2 Xf the above outline does not reflect your understanding of our agreement then please let me know aa soon aa possible, However. If the above outline does infect agree with your understanding then please confirm so that we may proceed with the approval pEocosa, ! would like to take this opportunity to thank all o~ the Roard members and the Chie~ ~or tho assistance and the spirit oE cooperation ~ha~ was o~ored. Respectl:u11¥ Submitted, AGNOLI, ASSAAD, BARB£R & BRUNDAGB, INC. T~/al'as F'. ~saad, A.I.C,P. ~?A/gg 021,,',: 23 ,