Ordinance 85-52 ~O~TED ^~^ OF COLLieR co~'rb~;M.~ ~¥
AMENDING THE ZONING ATLAS MAP NUMB~R-'~.~-~2 BY
CHANGING THE ZONING CLASSIFICATION OF TIIE HEREIN
WHEREAS, Wilson, Miller, Barton, Soll & Peek, pe:itioned the
Board of County Commissioners to change the Zonin$ Clasai£ication of
the herein described real property;
NOW. THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE:
The Zoning Claseif~cation of the herein described real property
located in Section 3, Township 51 South, Range 26 East, Collier
Coun:y, Florida is changed from C-4 to "PUD" Planned Unit Development
in accordance w~th the PUD document attached he?cio aa Exhibit "A"
which i~ incorporated herein and by reference made part hereof. The
Official Zoning Atlas Map Number, Number 51-26-2, .~ described ~n Ordinance
82-2. ia hersby amended accordingly.
SECTI ON TWO:
Thie Ordinance shall become effective upon receipt of notice
that i. has been filed with the Secretary of Stat,:.
DATE: October 1, 1985
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FR~DWlCK 3. VOSS, CHAIR~
R-85-8C PUD Ordtnancat~O4
EAGLE CR?.EK COUNTRY CLUB
A
PLANNED UNIT DEVELOPMENT
Prepared for:
EAGLE CREEK PROPERTIES, a
Division of Maxxam Properties, Inc.
PREPARED BY:
WILSON, MVLLER, BARTON, SOLL & PEEK, INC.
' q83 AIRPORT ROAD, NORTH
NAPLES, FLORIDA 33942
May, 1985
DATE ISSUED:
DATE APPROVED BY CAPC:
DATE APPROVED BY BCC:
ORDINANCE NUMBER:
254
TABLE OF CONTENTS'
PAGE
SECTION I
GENERAL DEVELOPMENT INFORMATION .................... 1-1
SECTION II
PROJECT DEVELOPMENT STANDARDS ...................... 2~1
SECTION III
RESIDENTIAL DEVELOPMENT ............................ 3-1
SECTION IV
GOLF COURSE ........................................ 4-1
SECTION %'
TENNIS CENTER ...................................... 5-1
SECTION VI
PRESERVE AREAS .................................... 6-1
SECTION VII
DRAINAGE EASEMENT .................................. 7-1
SECTION VIII
GENERAL DEVELOPMENT COMMITMENTS .................... 8-]
1 .01
1 .02
SECTION I
GENERAL DEVELOPMENT INFORMATION
INTRODUCTION AND PURPOSE
It is the intent of Eagle Creek Properties, a Division of
Maxxam Properties, Inc.; hereinafter called "applicant" or
"developer"; to establish and develop a Planned Unit
Development (PUD) on approximately 299.89 adres of
property located in Collier County, Florida.
It is the purpose of this document to provid~ the required
standards and to set forth guidelines for the future
development of the subject property.
STATEMENT OF COMPLIANCE
The development of approximately 299.89 acres of property
in Sections 3 and 4, Township 51 South, Range 26 East,
Collier County, Florida, as a Planned Unit Development,
will be in compliance with the planning goals and
objectives of Collier County as set forth in the Compre-
hensive Plan. The residential development and associated
recreational facilities of Eagle Creek will be 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 in conformance with the
Collier County Comprehensive Plan.
2. The Eagle Creek development is compatible and
complementary to the surrounding lan~ uses.
3. Improvements are planned to be in
compliance with applicable regulations.
substantial
The Eagle Creek development will
efficient and economical extension
facilities and services.
result in an
of community
1-1
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
PROFESSIONAL ENGINEERS. PLANNERS AND LAND SURVEYORS
Description for rezonlng purposes of
part of the northwest 1/4 of Section 3,
Township 5% South, Range 26 East, Collier County, Florida.
[agle Creek Country Club - (parcel to De ~ezoned)
Commencing at the west 1/4 corner of Section 3, Township 51 South,
Range 26 East, Collier County, FlOrida;
thenc~ along the west line of the southwest 1/4' of the nor{hwest 1/4
"of said Section 3, North 01'-00'-56" Wast 1071 .77 feet;
~ thence South 5~'-20'-32" East 30.38 feet to the POINT OF BEGINNING
of the parcel herein described;
thence No,th 01 -01 -55" East 370 65 feet;
thence South 54 -20 -32' East 260
thence South 89 -20 -32" East 150
thence South 54 -20 -32' East 430
thence So'th 89 -20 -32' East 100
thence South 54 -20 -32" East 411
thenc.'~ South 02 -29 -06" West 271
thence South 87 -30 -54" East '3%0
uest right-of-way line of the
00 feet;
00 feet; ..
00 feet;
00 feet;
96 feet; \
35 feet;
00 feet to a point on the
of Capri Road (State Road
951) whJch lies South 02'-29'-06" West 885.66 feet from the
intersection of said West right-of-way line with.the
southwesterly right-of-way line of said Tamiami Trail;
thence along said wtst right-of-way line, South 02'-29'-06"
West 467.00 feet;
thence North 54'-20'-32' West 1759.62 feet to the Point of
Beginning of the parcel herein described;
being a part of the northwest ~/4 of Section 3, Township 51 South,
Range 26 East, Collier County, Florida;.
subject to easements and restrictions or record;
containing 15.066 acres more or less;
the bearings used herein area based on the west line of the
· outhwest 1/4 of the northwest 1/4 of said Sect ich 3 bearing North
O ~'-00'-56' East and ate true.
WILSON, "~;ILLER, BARTON, SOLL & PEEK, INC.
Reg.. Engineers and Land Surveyors
F. Donal6 ~dKee, P.L.S. ~3955
3-3- BI
Not ,'slid unless embossed with the Professional's seal.
W.O. 23966 Ref: RI-122
LS:kd Eag-Ck-cc
SECTION II
PROJECT DEVELOPMENT STANDARDS
2.01
2.02
2.03
2.04
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 DEVELOPMENT
Eagle Creek is a planned residential community, which
includes a mixture of residential uses, a golf course,
tennis center, and preservation areas.
COMPLIANCE WITH APPLICABLE ORDINANCES
Eagle Creek is intended to be in substantial compliance
with the applicable Collier County general zoning and sub-
division regulations as well as other Collier County
development codes in effect at the time permits and/or
plats are requested.
FRACTIONALIZATION OF TRACTS
when the developer sells an entire Tract or a building
parcel (fraction of a Tract) to a subsequent owner, or
proposes development of such property himself, the
developer shall provide to the Administrator for
approval prior to the sale or development of such
property, a boundary drawing showing the tract and the
building parcml therein (when applicable) and in the
case of a residential area, the number of dwelling
units of each residential type assigned to the
property.
bo
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 oarties
for development, the subsequent owner shall provide to
the Administrator, for approval prior to the sale or
development of a fractional part, a boundary drawing
showing his originally purchased tract or building
parcel and the fractional parts therein and the number
of dwelling units assigned to each of the fractional
parts.
The drawings shall also show the location and size of
access tc those fractional parts that do not abut a
public street.
2-1
c. The developer of any Tract o~ building parcel must
submit at the time of application for a building per-
mit, a detailed plot plan for his tract or parcel.
Such plot plan shall show the proposed location of all
buildings, access roads, offstreet parking and off-
street loading 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 in residential areas, the distribution
of dwelling units among the proposed structures, as
may be appropriate.
d. In evaluating the fractionall~ation 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 this document, con-
formance with allowable numbers of residential units
and the reasonable accessibility of the fractional
parts to public or private roadways, common areas, or
other means of ingress and egress.
e. If approval or denial is not issued within ten (10)
working days, the submission shall be considered auto-
matically approved.
2.05 SITE PLAN APPROVAL
When site plan approval is desired or required by this
document, the following procedure shall be followed:
A written request for site plan approval shall be sub-
mitted to the Director for approval or denial. The
request shall include materials necessary to demonstrate
that the approval of the site plan will be in harmony with
the general intent and purpose of this document. Such
material may include, but is not limited to the following,
where applicable:
A) Site plans at an appropriate scale showing proposed
placement of structures on the property; provisions
for ingress and egress, offstreet parking and off-
street loading areas, yards and other open spaces.
B) Plans showing proposed locations for utility hookups.
C) Plans for screening and buffering.
D) Plans for proposed signs and lighting.
E) In the case of cjustered buildings and/or zero lot
line homes with common architectural theme, required
property development standards may be waived or
reduced provided a site plan is approved under this
section.
2-2
021
2.06
LAND USE DISTRIBUTION AND DENSITY
Eagle Creek consists of residential development tracts, a
golf course, cypress and mangrove preseuve tracts, and a
tennis center. The maximum number of dwelling units to be
built on the total acreage is 660. The ..umber of dwelling
units per gross acre is approximately 2.2. The density on
individual parcels of land throughout the project may vary
according to the type of housing placed on each parcel of
land.
The following table is a schedule of the intended land use
types, with approximate acreages indicated. The arrange-
ment of these land use types is shown on the PUD Master
Plan. Minor changes and variations in design and acreages
shall be permitted at final design to accommodate topo-
graphy, vegetation and other site conditions.
APPROXIMATE LAND USE DISTRIBUTION
LAND USE
DESIGNATION
RESIDENTIAL
Tract A
Tract B1
Tract B2
Tract B3
Tract B4
Tract B5
Tract C
Tract D
Tract E
Tract F
Tract G1
Tract G2
Tract K
Total Residential
GOLF COURSE
Tract Golf Course East
Tract Golf Course West
Tract H
Tract CH
Total Golf Course
CYPRESS PRESERVE
MANGROVE PRESERVE
TENNIS CENTER, Tract I
TRACT R
DRAINAGE EASEMENT
North Tract
South Tract
East Tract
Total Drainage Easement
TOTAL EAGLE CREEK ACREAGE
APP ROX I MATE
ACREAGE*
3.5
3.0
2.0
2.0
6.0
4.0
18.0
21 .0
11.0
8.5
3.5
3.0
15.0
70.5
66.0
7.0
5.5
11.0
1.0
4.5
7.5
2.5
17.5
6.5
300+ acres
"Acreages have been rounded to the nearest .5 acre.
2-3
2.07
2.08
PERMITTED VARIATIONS OF DWELLING UNITS
Permitted residential unit types may be mixed within
Residential Tracts provided that total number of dwelling
units shall not exceed 660.
RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL
2.09
2.10
2.11
Clearing, grading, earthwork, and site drainage work shall
be performed in accordance with the approved PUD Master
Plan and applicable Collier County Development Codes.
EASEMENT FOR UTILITIES
Easements shall be provided for water management areas,
utilities and other purposes as may be needed. Said
easements al%d improvements shall be done in substantial
compliance with the Collier County Subdivision Regu-
lations.
All necessary easements, dedications, or other instruments
shall be granted to insure the continued operation and
maintenance of all service utilities in substantial
compliance with applicable regulations in effect at the
time approvals are requested.
TEMPORARY STRUCTURES
During project construction temporary structures are
permitted within all tracts of Eagle Creek. Said
structures may be utilized as temporary administrative
offices, temporary sales offices, temporary pro shop,
temporary construction offices and other similar uses.
EXCEPTIONS TO THE COLLIER COUNTY SUBD/VISION REGULATIONS
The following requirements shall be waived:
Article X, Section 16: Sidewalks (waive requirement for
sidewalks on both sides ~f'ali 6'ollection streets, on one
side of each marginal access street and local street).
Walkway and/or bicycle path locations will be indicated on
the project construction plans ~;hen those are submitted to
the County for approval.
Article X, Section 19: Street Name Markers and Traffic
Control Devices. Street name signs shall be approved 5y
~he County Engineer but not meet the U.S.D.O.T.F.H.W.A.
Manual on Uniform Traffic Control Devices. Street
pavement painting, striping~ and reflective edging
requirements shall be waived.
2-4
261
Article XI, Section 10~ Monuments where such monuments
occur within street pavement areas, the~, shall be
installed in a typical water valve cover, as prescribed in
the current County standards.
Article XI, Section 17F & G: Street right-of-way and
Pavement widths. For street right-of-way and pavement
cross-section see Construction Drawings, WMBS&P No.
D-264.
Article XI, Section 17H: Dead End Streets. Such streets
shall not exceed one thous~'~ ('~,00'~) feet in length.
Article XI, Section 17I~ Curb Radit (Waive requirement
for forty (40') foot radius to thirty (30} feet at local
to local roau intersections only).
Article XI, Section 17J: Intersections requiring curved
streets to have a minimum tangent of one hundred (100)
feet at intersections.
Article XI, Section 17K: Reverse Curves. Tangents
between curves on all streets shall be at least one
hundred (100) feet in length.
Article XI, Section 21: Utility Casings
Appendix "D", Local Road Typical Sections
2-5
SECTION III
RE£IDENTIAL DEVELOPMENT
3.01' PURPOSE
The purpose of this Section is to set forth the regu-
lations for the area designated on the PUD Master Plan, as
Residential. (Tracts A, Bi, B2, B3, B4, B5, C, D, E, F,
Gl, ~2 and K). ,
3.02 MAXIMUM DWELLING UNITS
A maximum n%~ber of 660 dwelling units may be constructed
in all of the Residential parcels.
3.03 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 in Tracts Ar B1,
B2, B3. B4~ B~r Cr D~ Er Fr G1 G2 "and K~
1. Zero lot line homes, detached and attached.
2. Villas, cjuster homes and townhouses.
3. Low rise multi-family dwellings and garden apart-
ments.
B. Permitted Accessory Uses and Structures in all Resi-
dential Tracts:
Customary accessory uses and structures, including
but not limited to private garages and private
swimming pools.
Signs as permitted by the Collier County Zoning
Ordinance in effect at the time permits are
requested.
Model homes shall be permitted in conjunction with
the promotion of the development. Such model homes
shall be permitted for a period of two (2) years
from the initial use as a model. The Administrator
may authorize the extension of such use upon
written request and Justification.
3.04
3.05
DEVELOPMENT STANDARDS
The following Sections 3.05, 3.06 and 3.07 set forth the
~evelopment standards for permitted uses within Eagle
Creek Country Club. Standards for landscaping, signs,
parking and other land uses not specified herein are to be
in accordance with Collier County Zoning Regulations in
effect at the time permits are requested. Unless
otherwise indicated, setback, height, and floor area
standards apply to principal structures.
ZERO LOT LINE DEVELOPMENT
A. Minimum Lot Area
Six thousand (6,000) square feet
B. Minimum Lot width
Fifty-five (55) feet as measured at the front yard
setback line.
C. Minimum Floor Area
One thousand (~,000) square feet
D. Minimum Yards
Front yard - 20 feet as measured from the back of curb
or edge of pavement.
Side yard - 0 feet or 10 feet
R=ar yard -. 0 feet or 20 feet for principal structure,
0 feet for accessory structures except that accessory
L tructures in Tracts 'F' and 'K' along the PUD boundary
shall comply with the requirements as listed in the
Zoning Ordinance. Residential structures may be
constructed over water management/lake areas.
E. Maximum Building Heigh%
Two living stories
3-2
3.06
3.07
VILLAr CjustER HOME AND TOW"NHOME DEVELOPMENT
A. Minimum Building Parcel
The minimum building parcel shall be three thousand
(3,000) square feet multiplied by the number of units
on the parcel.
B. Minimum Floor Area:
Nine hundred (900) square feet.
C. Minimum Distances
~. The minimum distance of any dwelling unit from any
fractionalization parcel boundary line, right-of-way
line, back of curb or edge of pavement shall be twenty
(20) feet. Residential structures may be constructed
over water management/lake areas.
2. The minimum distance between principal structures
shall be either 0 feet or 10 feet.
3. There are no minimum distances for accessory
structures, except that accessory structures in Tracts
'F' and 'K' along the PUD boundary shall comply with
the requirements as listed in the Zoning Ordinance.
D. Ma×imum Building Height
Two living stories
LOW RISE AND GARDEN APARTMENT DEVELOPMENT
A. Minimum Building Parcel
The mi~imum building parcel shall be one acre.
B. Minimum Floor Area
Seven hundred twenty five (725) square feet.
C. Minimum Distances
~. The minimum distance of any low rise or garden
apartment building from any fractionalization parcel
boundary line, right-of-way line, back of curb or edge
of pavement shall be fifteen (15) feet. Residential
structures may be built over water management/lake
areas.
3-3
2. The minimum distance between principal structures
shall be one half (1/2) the sum of their heights.
3. There are no minimum distances for accessory
structures~ except that accessory structures in Tracts
'F' and 'K' along the PUD boundary shall comply with
the requirements as listed in the Zoning Ordinance.
D. Maximum Buildin~ He.i~ht
Three living stories.
3-4
~'F.CTION IV
GOLF COURSE
4.01
4.02
PURPOSE
The purpose of this Section iZ to set forth the regu-
lations for the area designated on the PUD Master Plan, as
Golf Course, to include Tracts "GC East", "GC west", "CH"
and "H".
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 Uses in Tracts "GC East", "GC West" and "CH".
1) Golf Course
Clubhouses, pro-shop, practice driving range and other
customary accessory uses of golf courses.
Small commercial establishments, including gift shops,
golf equipment sales, restaurants, cocktail lounges,
and similar uses, intended to exclusively serve
patrons of the golf course, subject to the provi~ions
of the applicable supplementary regulations of the
Zoning Ordinance.
Signs as permitted by the Collier County Zoning
Ordinance in effect at the time permits are
requested.
5)
A maximum of two (2) residential units in conjunction
with the operation of the qolf course as determined to
be compatible with the adjacent uses as determined by
the Administrator.
6) Golf Course maintenance.
7) Essential services, including
wastewater treatment facilities.
on-site water and
8) Water Management/Lakes.
B. Permitted Uses in Tract H.
1) Golf Course driving range
2) Any residential use permitted under Section III of
this document.
3)
Signs as permitted by the Collier County Zoning
Ordinance in effect at the time permits are re-
quested.
4-1
4.03 PROPERTY DEVELOPMENT CRITERIA
A. Overall site design shall be harmonious in terms of
landscaping, enclosure of structures, location of access
streets and parking areas and location and treatment of
buffer areas.
B. Principal structures shall be setback a minimum of
fifty (50) feet from abutting Residential tracts.
C. Buildings shall bare a maximum hetght of thirty (30)
feet.
D. The minimum building separation shall be one-half the
sum of the heighe~ of adjoining buildings, but not less
than twenty (20)
E. Lighting shall be arranged in a manner which will
protect roadways and neighboring properties from direct
glare or other interference.
F. Any residential buildings within the Golf Course
Tracts shall meet the Residential Development Standards
set. forth in Section III of this document.
4-2
SECTION V
TENNIS CENTER
5.01 PURPOSE
The purpose of this Section is to set forth the
regulations for the areas designated on the PUD Master
Plan, as Tennis Center.
5.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be
erected, altered or used, or land or water used, in whole
or in part, for other than the following:
Tennis Clubhouse, pro shop, tennis center accessory
buildings and other customary uses associated with
recreation centers.
Small commercial establishments, including gift shops,
tennis equipment sales, restaurants, cocktail lounges,
and similar uses, intended to exclusively serve
patrons of the Tennis Center, subject to the pro-
visions of the applicable supplementary regulation~ of
the Zoning Ordinance.
3) Shuffleboard courts, tennis courts, swimming pools,
beaches, and other types of facilities intended for
recreation.
4) Signs as permitted by the Collier County Zoning
Ordinance in effect at the time permits are requested.
5) water Management/Lakes.
5.03 PROPERTY DEVELOPMENT CRITERIA
A. Overall site design shall be harmonious in terms of
landscaping, enclosure of structures, location of access
streets and parking areas and location and treatment of
buffer areas.
B. Tennis Courts shall be setback a minimum of five (5)
feet from abutting Residemtial Tracts. Tennis' Center
principal building shall be set back a minimum of thirty
(30) feet from abutting Residential Tracts. Tennis Center
accessory buildings shall be set back a minimum of ten
(30) feet from abutting Residential Tracts. The tennis
center building setbacks shall be measured from the
buildings, exclusive of any roof overhand or decking, to
the tract boumdary. Tennis Center structures may be
constructed over water management/lake areas.
C. Buildings shall have a maximum height of three
stories.
D. The minimum building separation shall be one-half the
sum of the heights of adjoining buildings, but not less
than twenty ~20) feet.
E. Ligbtip.~ shmll be arranged in a manner which will
protect roadways and neighboring properties from direct
glare or other interference.
5-2
6.01
6.02
SECTION VI
PRESERVE AREAS
PURPOSE
The purpose of this Section is to set forth the regu-
lations for the area designated on the PUD Master Plan, as
Cypress Preserve and Mangrove Preserve.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be
erected, altered or used, or land or water used, in whole
or in part, for other than the following:
1. Nature trails, boardwalks, shelters, etc.
2. Nature preserves and wildlife sanctuaries.
3. water M~nagement Facilities.
4. Any other activity which is comparable in nature
with the foregoing uses and which the
Administrator determines to be compatible in the
District.
6-1
7.01
7.02
SECTION VII
'DRAINAGE EASEMENT
'PURPOSE
The purpose of this Section is to set forth the regu-
lations for the area designated as Drainage Easement.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be
erected, altered or used, or land or water used, in whole
or in part, for other than the following:
1. Water Management/lakes
2. Canals
3. Water Management Structures
4. Bridges
5. Structures to facilitate access to Residential
Tracts.
\
7-1
SECTION VIII
GENERAL DEVELOPMENT COMMITMENTS
8.01 PURPOSE
Th~ purpose of this Section is to set forth the standards
for the development of Eagle Creek.
8.02 FIRE PREVENTION
The Development shall comply with applicable codes and
regulations.
8.03 DEVELOPMENT PLAN
A. The PUD Master Plan (Wilson, Miller, Barton, Soil &
Peek, Drawing File No. RZ-117a) is an iljustrative
preliminary development plan.
B. The design criteria and layout iljustrated in the PUD
Master Plan shall be understood as flexible so that
the final design may best satisfy the project and
comply with all applicable requirements.
C. Minor design changes, shall be permitted subject to
County staff administrative approval.
8.04 ENVIRONMENTAL CONSIDERATIONS
A. A site clearing plan be submitted to the Natural
Resources Management Department and the Community
Development Division for their review and approval
prior to any substantial work on the site. This plan
may be submitted in phases to coincide with the
development schedule. The site clearing plan shall
clearly depict how the final site layout incorporates
retained native vegetation to the maximum extent
possible and how roads, buildings, lakes, parking
lots, and other facilities have been oriented to
accommodate this goal.
B. Native species shall be utilized, where available,"~o
the maximum extent possible in the site landscaping
design. A landscaping plan will be submitted to the
Natural Resources Management Department and the
Community Development Division for their review and
approval. This plan will depict the incorporation.~of
native species and their mix with other species, ~lf
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. ?2
C. All exotic plants, as defined in the County Code,
shall be removed during each phase of construction
from development areas, open space areas, and preserve
areas. Following site development a maintenance
program shall be implemented to prevent reinvasion of
the site by such exotic species. This plan, which
will describe control techniques and inspection
intervals, shall be filed with and approved by the
Natural Resources Management Department and the
Community Development Division. ~i.?
D. If during the course of site clearing, excavation, or
other constructional activities, an archaeological i'or
historical site, artifact, or other indicator is
discovered, all development at that location shall be
immediately stopped and the Natural Resources
Management Department notified. Development will be
suspended for a sufficient length of time to enable
the Natural Resources Management Department or a
designated consultant to assess the find and determine
the proper course of action in regard to its
salvageability. The Natural Resources Management
Department will respond to any such notification in a
timely and efficient manner so as to provide only a
minimal interruption to any constructional
activities.
8-2
A central water supply system shall be made availabla
to the project.- The water supply source for
project shall be the Collier County system. ':'"
The project shall be served by 'a central wastewater .'-'
collection system. A County approved, on-site or
off-site wast,water treatment and disposal facilities
shall b. approved and/or made available· '~.
All systems shall be coordinated and approve~ by the
Utlliti~u ~!vic:on print to their inztnllat~on.
Applicable County Ordinances relative to ,,'a':er and
sewer system development charges {bmll he ~omplied
with.
Utilities shall be provided to comply with applicable
Ordinances in effect at the time permits requested.
Construction plans and specifications shall be
submitted to the County Utility office prior to the
start of any utility construction·
Appropriate utility easements shall be created and/or'
dedicated as may be required by applicable
regulations.
Telephone, power and T.V. cable service shall be made
available to all residential units. All such utility
lines shall be installed underground·
The Utilities Division stipulations per their memo
dated July 9, 1985 are incorporated herein by
reference.
8.06
TRANSPORTATION IMPROVEMENTS
Subject to F.D.O.T. approval, the de-eloper or his
successor in title shall provide the following at his
own expense: A traffic signal on SR-951 when deemed
warranted by the County Engineer. After installation,
the signal shall be owned, operated, and maintained by
Collier County.
8-3
8.07
The developer shall dedicate a thirty (30) foot wide
right-of-way easement, if such easement does not
already exist, measured from the centerlines of the
portion., of Barefoot Williams Road and Tower Road
which abut Eagle Creek.
3. Ail traffic control devices used, excluding street
name signs, shall conform with the Manual on Uniform
Traffic Control Devices.
4. If, at the time of 4-1aning of SR-951, additional
right-of-way is required from the Eagle Creek
property, the amount of right-of-way to be
dedicatedfor the four-laning of S.R. 951 shall be
determined as follows: If an urban section is to be
constructed (curb and gutter with storm drainage
system), the Petitioner will dedicate 40 feet of
right-of-way; if a rural section is to be constructed
(swales and drainage ditches), the Petitioner will
dedicate 40 feet of right-of-way and shall make
available for purchase at fair market value an
additional 45 feet of right-of-way.
FIRE STATION CONSIDERATIONS
The Developer, in conjunction with the Deltona
Corporation and the Owner of the Riverbend
develcpment to the south of Eagle Creek, agrees to
provide a fire station building erected to the
specifications of the East Naples Fire Depart~ent.
The contribution of Eagle Creek Properties, the
Deltona Corporation and the owner of said Riverbend
development are described by written agreement.
The fire station building shall be constructed prior
to the issuance of any residential living unit
Certificate of Occupancy or any commercial Certificate
of Occupancy within Eagle Creek except that
Certificates of Occupancy may be issued for Eagle
Creek's maintenance building and for Eagle Creek's
model home units prior to the construction of the fire
station. Building permits for Eagle Creek may be
issued prior to the construction of the fire station
building.
8-4
8.08. WATER MANAGEMENT
An updated water management analysis of the entire::
drainage system serving the proposed Tract 'K' shall be'
submitted to the Water Management Director for review and
approval. No construction permits shall be issued unless
and until approval of the proposed construction,
accordance with the submitted plans, is granted by the i
County Engineer. ·
8.09. ELECTIONS POLLING PLACE
Eagle Creek shall provide a polling place within the
Eagle Creek PUD, for Eagle Creek residents only, if
determined to be needed by the Supervisor of Elections.
8-5
ct''! .' ~'.'.
ivlEaaOrAHDum
Engineering Director ¢~
- Utilities Division ~/ ~.,
Re: Pe~itions R-85-8C and PDA-85-SC, Eagle Ct.ak Country Club First
Addition, Proposed Trac~ "K"
We have reviewed ~he above referenced Petition and have no obJ~ction to
the rezone as requested. However, we require the following s~ipula~ions
an n condition to our reco~.ndation for approval:
A) Water & Sewer
1) Water distribution and sewage collection and transmission
systems will be constructed throughout the project development by the
developer pursuant to all current requirements of Collier County and the
State of Florida. Water and sewer facilities constructed within
platted rights-of-way or within utility easements required by the County
shall bo conveyed Co the County for ownership, operation and
maintenance purposes. All water and sewer facilities constructed on
private property and not required by the County to be located within
utility easements shall be owned, operated and .,~lntained by the
Developer, hie assigns 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 Ut£1ities' Division, pursuant to appropriate County
Ordinances and Regulations in effect at the time conveyance or transfer
te requested, prior to being placed into service.
2) All construction plans and technical specifications and proposed
plats, if applicable, for the proposed water distribution and sewage
collection and transmission facilities must be reviewed and approved by
the Utilities Division prior co commencement of construction. ,.
3) All 'customers connecting to the water distribution and sewage
collection facilities will be customers of the County and will be billed
by the County in accordance with the County's established rates· Should
the County not be in a position to provide water and/or sewer service to
the project, the water and/or sewer customers shall be customers of the
interim utility established to serve the project until the County's
off-site water and/or sewer facilities are available to serve cha
project.
4) It is anticipated that the County Utilities Division will ultimately
supply potable water to meet the consumptive demand and/or receive an~
treat the sewage generated by this project. Should the County system
not be in a position to supply potable water to the project and/or
receive the project's waetewater 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.
021.,, 279
To.' Ann McKim~ Planning Dept.
July 9, 1985
5) An Agreement shail be entered into between the County and the
Developer, binding on the Day.eloper, his assigns or successors, legally
acceptable to the County, prior to the approval of construction documents
for the proposed project, stating that:
a) The proposed water supply and on-site treatment facilities and/or
on-site waetewater treatment and disposal facilities, if required, ara to
be constructed as part of the proposed project and must ba 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 tbs County for development.
Tbs utility facility(les) may not be expanded to provide water and/or
sewer service outside the development boundary approved by the County
without the written consent of the County.
b) 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 use of the water supply source, if
ap~iicable, in a manner consistent with State of Florida standards.
All work relat.d with this activity shall be performed at no cost to the
County.
c) Connection to the County's off-site water and/or sewer facilities
will be made by the owners, their assigns or successors at no cost to the
County within 90 days after such facilities become available. The cost
of connection shall include, but not be limited to, all engineering
design and preparation of construction documents, permitting, modifica-
tion or refitting of sewage pumping facilities, interconnection with
County off-site facilities, water and/or sewer lines necessary to mak.
the connection(s), etc.
d) At the time County off-sits water and/or sewcr 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:
1) All water and/or sewer 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 make connection with the County's
off-site water and/or sewer facilities; or,
2) All water and sewer facilities required 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 within utility easements, including but not limited to
the following:
To: Ann McKim6Planning Department
Page 3 ~c.~.~ ,
July 9, 1985
a) Main sewege lift station and force main inter-
connecting with tbs County sewer facilities including
all utility easements necessary;
b) Water distribution facilities from the point of
connection with the County's water facilities to the
master water meter serving the project, including all
utility easements necessary.
e) The customers served on an interim basis by the utility system
constructed by the Developer shall become customers of the County at the
time when County off-site water and/or sewer facilities are available to
serve the project and such connection is made. Prior to connection of
the project to the County's off-site water and/or sewer facilities the
Developer, his assigns, or successors shall turn over to the County a
complete list of the customers served by the interim utilities system and
shall not compete with the County for the service of those customers.
The Developer shall also provide the County with a detailed inventory of
the facilities served within the project and the entity which will ba
responsible for the water and/or sewer service billing for the project.
f) All construction plans and technical specifications related to
connections to the County's off-site water and/or sewer factlitien will
be submitted to the Utilities Division for review and approval prior to
commencement of construction.
g) The Developer, his assigns or successors agree tc pay all ~ystem
development charges at thc time that Building PermL~s ars required,
pursuant to appropriate County Ordinances and Regula%lone in effect at
the time of Permit request. This requirement shall be made known to all
prospective buyers of properties for which building permits will be
required prior to the start of building construction.
h) The County will lease to the Developer for operation and maintenance
the water distribution and/or sewage collection and transmission system
for the sum of $10.00 per year, when such system is not connected to the
off-site water and/or sewer facilities owned and operated by the County.
Terms of the lease shall be determined upon completion of the proposed
utility construction and prior to activation of the water supply,
treatment and distribution facilities ~nd/or the sewage collection,
transmission and treatment facilities. The Lease, if required, shall
remain in effect until the County can provide water and/or sewer service
through its off-site facilities or until such time that bulk rate water
and/or sewer service agreements are negotiated with the interim utility
system serving the project.
B) Data required under County Ordinance No. 80-112 showing the avail-
ability of sewage service, must be submitted and approved by the
Utilities Division prior to approval of the construction documents for
the project. Submit a copy of the approved DER permits for the sewage
collection and transmission systems and the waste:water treatment facility
to be utilized, upon receipt thereof.
021 281
To: Ann McKim, Planning Department
Page 4
July 9, 1985
C)' Construction and ownsrship of the watsr and sewer facilitiss,
including any proposed interim, water and/or sewage treatment facilities,
shall be in compliance with all Utilities Division Standards, Policies,
Ordinances, etc. in effect at the rims construction approval is
requested. ,
D) Prior to approval of conmtruction documents by the Utilities
Division, ths Devsloper must present verification, pursuant to Chapter
367, Florida Statutes, that the Florida Public~ Service Commission has
granted tsrritorial rights to the Dsvelopsr to provide sewer and/or
water service to the project until tbs County can provids thsss ssrvices
through its water and sewer facilitiss.
E) Detailed hydraulic design reports covering the water distribution
and sewage collection and transmission systems to ssrve the project must
be submitted with the construction documents for the project. The
report shell list all design assumptions, demand rates and other factors
pertinent to the system under consideration,
F) The PUD document mhall be revised to make reference to this memo-
randum, by date, and specify the Petitioner's acceptance of the
stipulations contained herein. A revised copy of the PUD document mus=
be e'ubmitted to the Utilities Division for review and approval prior to
scheduling the Petition for consideration by the Board of County
Commissioners.
ce: Thomas R. Peek, P.E.
AGREEHENT
I, Carton Day, Representative for Wilson, Miller, Barton, Soll&
Peek, as owner or authorized agent for Petition R-85-8C, agree to the
following stipulations requested by the Coastal Area Planning Commission
in their public hearing on September 5, 1985:
An updated water management analysis of the entire drainage system
serving the proposed Tract "K" shall be submitted to the Water
Management Director for review and approval. No construction
permits shall be issued unless and until approval of the proposed
construction, in accordance with th~ submitted plane, ia granted by
the County Engineer.
The amount of right-of-way to be dedicated for the four-laning of
SR-951 shall be determined as follows: If an urban section ia to
be constructed (curb and gutter with storm drainage system), the
Petitioner will ded'lcate ~0 feet of right-of-way; if a rural
section is to be constructed (ewalee and drainage ditches), the
Petitioner will dedicate 40 feet of right-of-way and shall make
available for purchase at fair market value an additional 45 feet
or right-of-way.
%%e Utilities Division stipulations per their memo dated Jul~ ~,
1985.
' ~ ,
· k_L~~'' '-:''''-'~"-tJ \ " ~ ;
: '; 1,?
.RF~RESENTATIVE FOR-CAPC ~/
SWORN TO AND SUBSCRIBED BEFORE ME THIS
OF ,~..~1~.~ , 1985.
DAY
NOTARY
SEAL
MY COMMISSION EXPIRES:
R-85-8C Agreement Sheet
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby ~ertify that the foregoing is a true original oft,
ORDINANCE 85-52
which was adopted by the Board of County Commissioners
during Regular Session on the let day of October, 1985.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 7th
day of October, 1985.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-Officio to Board of
County Commissioners ,'
By
Vlrgt~'~ Magrl, Deputy~.(~lerk
'?///I