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Ordinance 85-71ORDINANCE 85- 71 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENOING THE ZONING ATLAS M~P NUMBER 49-25-7 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIh~ DESCRIBED REAL PROPERTY FROM A-2 TO "PUD'~ PLAN D OMIT DEVELOPME T KNOW AS RIVER REACH FOR PROPERTY LOCATED WEST Or AIRPORT APPROXIMATELY 1½ MILES NORTH OF DAVIS BOULEVARD (S~-84) LYING BETWEEN ENTERPRISE AVENUE ;uND OUTRIGGER LANE, BEHIND THE COLLIER PARK OF COM]dERCE IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, FOR A M3~XIMb'M NUMBER OF 790 DWELLING UNITS, 3.5 ACRES OF COMiMERCIAL AND A PARK FOR A TOTAL OF 112 ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Agnoli, Assaad, Barber and Brundage, petitioned the Board of County Commissionera to change the Zoning Classification of. the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Co~issioners of Collier County, Florida: · SECTION ONE: The Zoning Classification of the herein described real property located in Section 35, Township 49 South, Range 25 East, Collier County, Florida is changed from A-2 to "PUD" Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number 49-25-7, as described in Ordinance 82-2, is hereby ~mended accordingly. SECTION TWO: This Ordinance shall become effective upon receipt of notice that is has been filed with the Secretary of State. ~- DATE:.. B4~lember 10, 1985 BOARD OF COUNI~f COMMISSIONERS ' ~ .'-'.-.' ~ ~' ' .'~ COLLI .,. :%ArreST: ' : ~ ; .~'~iWILLI~ J,."~AGA~:, CLEPs~~ APPROVED KS-TO FORM AND LEG~ SUFFICIENC~ ASSISTANT COb~ ATTORNEY RIVER REACH A PLANNED COMMUNITY BY COLLIER DEVELOPMENT CORPORATION PREPARED BY: WAFAA F. ASSA~D, A.I.C.P. AGNOLI, ASSAAD, BARBER & BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & LAND SURVEYORS 7400 TAMIAMI TRAIL NORTH, NAPLES, FLORIDA 33963 TELEPHONE: (813) 597-3111 FILE NO. 1344 DECEMBER 9, 1985 INDEX SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI GENERAL DEVELOF~IENT INFORMATION AND STANDARDS SINGLE-FAMILY RESIDENTIAL "S" MULTI-FAMILY RESIDEI{TIAL "M" MULTI-FAMILY RESIDENTIAL "M-i" COMMERCIAL "C" PARK- "P" GENERAL DEVELOPMENT COMMITMEN_S LIST OF EXHIBITS - PUD MASTER PLAN SKETCH (Prepared by AEnoli, As~aad, Barber & BrundaEe, Inc., File No. 67I, Sheet No. 1 of 2) PAGE 1-1 2-1 3-1 3-3 ~-1 5-1 6-1 SECTION 1 GENERAL DEVELOPMENT IN?ORMATION AND STANDARDS 1.01 1.02 PURPOSE AND SHORT TITLE: It is the intent of The Collier Development Corporation; hereinafter cslled "applicant" or "developer", to establish and develop a Planned Unit Development-(PUD) 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 project. The PUD development, shall be known and cited as River Reach. STATEMENT OF COMPLIANCE The project is intended to be in substantial compliance with the applicable general zoning and subdivision regulations as well as other development codes in e£i'ect at the time permits are requested. The project will be consistent with the grcwth policies, land development regulations and applicable Comprehensive Plan Documents for the following reasons: 1) The subject property'has the necessary rating points to determine the availability of adequate community facilities and services. 2) The project development is compatible and complentary to the surrounding land uses. 3) Improvements are planned to be in subtantial compliance with applicable regulations. 4) The project development will result in an efficient and economical extension of community facilities and services. 1.03 LEOAL DESCRIPTION Section 35~ Township ~9 South, Range 25 East The South 3/4 of the North 1/2 of Section 35, Township ~9 South, Range 25 East, lying west of S.R. 31, less East Naples Industrial Park, recorded in Plat Book 10, page 114, except the northerly 30 feet of Drainage Easement Tract A thereof vacated by Resolution 81-2~4 as recorded in O.R. 1-1 022 197 Book 947, page 0699, and less land recorded in O.R. Book 501, page 990, and O.R. Book 503, page 152. 1.04 FRACTIONALIZATION OF TRACTS A. 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 th~ 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. The drawings shall al~o show the location and size of access to those fractional parts that do not abut a public road. B. In the event any residential tract or building parcel is sold by any subsequent owner, as identified in Section 1.04(a), in fractional parts to other parties for development, the subsequent owner shall provide to the Administrator, for approval or danial, prior to the sale of a fractional part, a boundari 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 s~ll also show the location and size of access to those fractional parts that do not abut a public street. C. The developer of any tract or building parcel must submit at the time of application for a building permit, a detailed site development plan in accordance with Section 1.05 of this document. Such a plan shall show the proposed location of all buildings, access roads, offstreet parking and offstreet loading areas, refuse ~nd service areas, required yards and other open spaces, locations for utilities hook-up, soreenlng 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 fractlonalization 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, 1-2 conformance with allowable numbers of residential units and the reasonable accessibility of the fractional parts to public or private roadways, common areas, or other means of ingress and egress. If approval or denial of the fractZonallzation plan is not issued within ten (10) working days, the submission shall be considered automatically approved. 1.05 SITE PLAN APPROVAL , When site plan approval is desired by a developer or required by this document, the procedure outlined in the zoning ordinance for site development plan approvals shall be followed. 1.06 LAND USES The following table is a schedule of the intended land uae ty,~3~, with approximate acreages and total dwelling units, The arrangement of these land use types is shown on the PUD Master Plan Sketch. Minor changes 'nd variations in design and acreages shall be permitted at final design to accommodate topography, vegetation and other desired development conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to the Administrator in accordance with Section 1,04 of this document for his administrative approval or denial. APPROXIMATE LAND USE DISTRIBUTION SCHEDULE LAND USE DESIGNATION: NUMBER OF UNITS ACRES Single-Family (S) 121 Multi-Family (M) 584 Multi-Family (M-I) 85 Commercial (C) Park - (P) Right-of-Way & Miscellaneous TOTAL PROJECT: ?90 31.0 ~8.0 14.0 3.2 5.0 10.8 112.0 1-3 1.07 1.OS 1.09 1.10 1.11 PROJECT-DENSITY The total acreage of The Project is approximately 112.00 acres. The maximum number of dwelling units to be built on the total acreage is 790. The number of dwelling units per gross acre is approximately 7.05. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each and other design considerations. PERMITTED VARIATIONS OF DWELLING UNIk'S Ail land uses designations for residential may be developed at the maximum number of dwelling units as assigned by Section 1.06, provided that the applicant may increase or decrease the indicated unit mix of each land use type/category by not more than 10%; and provided that the total number of dwelling units shall not exceed ?90. The Administrator shall be notified in accordance with Section 1.04 of such an increase and the resulting reduction in the corresponding residential land use types or other categories. DEVELOPMENT SEQUENCE AND SCHEDULE The applicant has not set "stages" for the development of the property. Therefore, any projection can be no more than an estimate based on currert marketing knowledge and may of course, change depending upon future economic factors. EASEMENT FOR UTILITIES Easements shall be provldeO for water management areas, utilities and other purposes as may be nceded. 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. ESSENTIAL SERVICES Essential services are considered as an acceptable permitted use on all land use categories within the project. 200 1.12 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS The following requirements shall be waived: A. Article X, Section 16. Please refer to Section 6.09 of this document. Article X, Section 19: Street name markers and traffic devices shall meet the USDOT?HWA Manual on uniform traflc control devices. Street pavement painting, striping and reflective edging of roadway markings. The street name markers and traffic devices shall be approved by the County Engineer. Article X, S~ctlon 24: The requirement of utility casing installation (with the stipulation that all utilities are installed prior to road construction). D. Artlcle XI, Section 10: PRM's installation in a typical water valve cover. E. Article XI, Section 1TH: The 1 000 ft. maximum dead-end street length requirement. F. Article XI Section 17I: Back of curb radii at street intersections shall be a minimum of 30 feet. G. Article XI Section l?J: The requirement for 100 feet minimum tangen~ at intersections. H. Article XI Section K: The requirement for 100 feet tangent sections between reverse curves on all streets. Article XI, Section 21: The requirement for blank utility casings (with the stipulation that all utilities are to be installed prior to road construction). Article XI, Sectlon l?F: Minimum road right-of-way width of 74 feet for 2 lane local street, swale and ditch design. 1-5 2.01 2.02 2.03 SECTION II SIHGLE-FAMILY RESZDENTIAL "S" FURPOSE The purpose of this Section is to set forth the regulations for the areas designated on The PUD Master Plan Sketch, as Single-Family Residential. MAXIMUM DWELLING UNITS A maxlmum number of 121 dwelling units may be constructed in the Single-Family Residential parcels except as permltte~t by Section 1.08. PERMITTED USES AIlD STRUCTURF, S No building or structure, or part t[ereof, 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. Slngle Famll3 d~el]lngs. Private parks, playgrounds, play?ields, recreation bulldings,.,lakes/water management facilities and commonly owned open space. B. Permitted Accessor[ Uses and Structures Customary accessory uses and structures, including but not limited to private garages, private swimming pools and boat docks. Signs as permitted by the Collier County Zoning Ordinance in effect at the time permits are requested. 3o 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. 2-1 2.0L PROPERTY DEVELOPMENT REGUI,ATIONS 2.04.01 GENERAL: All yards, set-backs, etc., shall be apDlied in relation to the Individual parcel boundaries. 2.0~.02 MINII-1UM LOT AREAS AND DIMEIISIOI;S: Area Frontage ?,500 Square Feet 70 Feet Interior Lots 75 Feet Corner Lots 70 Feet Cul-de-sac and odd shaped lots. (measured at the front yard setback arch.) 100 Feet fronting on Outrigger Lane 2.04.03 MINIMUM SETBACKS: Front 25 Feet Side 7.5 Feet Rear 25 Feet Except that the front yards of the lots located at the rotaries (circles) shall have a minimum of 15 feet-. 2.0~.0~ MAXIMUM BUILDING HEIGHT: Principal Structures: 30 Feet Accessory Structures: 20 Feet 2.0~.05 MINIMUM FLOOR AREA: One Story: 1,200 Square Feet (Living Area) Two Story: 1,600 Square Feet (Living Area) 2.04.06 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. No more than two (2) parking spaces per dwelling unit shall be requirerS. 2-2 MINIMUI', BUILDING DESIGn;: Houses built on Outrigger I,ane shall be compatible with and complementary to the existing residences located on the north side and the design mix shall be of no less than three types. 2-3 SECTION III MULTI-FAMILY RESIDENTIAL "M" & "M-l" 3.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on The PUD Master. Plan Sketch, as Multi-Family Residential. 3.02 MAXIMUM DWELLING UNITS 3.03 A maximum number of.669 dwelling units may be constructed in all of the Multi-Family Residential parcels except as permitted by Section 1.08. Parcels identified as "M" shall have a maximum of 584 units and the parcel identified as "M-I" shall have a maximum of 85 units. Section 3.04 shall apply to parcels identified as ~'M" and Section 3.05 shall apply to the parcel ldentSfled as "M-i" PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, %ltered or used, or land or water used, in whole or in part, fur other than the following: A. Permitted Princ~pal Uses and Structures: 1. Two (2) Family and Multi-Family dwellings. 2. Villas, cjuster and group housing, townhouses, garden apartments, patio homes and zero lot lines. 3. Private parks, play grounds, ])lay fields, lakes/ water management facliities, commonly owned open space, recreation building, and other water related uses and structures.- B. Permitted Principal Uses and Structures Requiring Site ~'ian Approval: 1. Single-Family dwellings, provided that the following criteria is observed: a. Any single-family units be located as near as possible or contiguous to the single-family "S" Tract. b. The slngle family property development standards of Section 2.04 of this document shall apply. 3-1 3.0~ C. Permitted Accessory Uses and St'uctures: 1. All permitted accessory uses and structures allowed by Section 2.03.B. of this document. PROPERTY DEVELOPMENT REGULATIONS FOR PARCELS IDENTIFIED AS (Excluding single family development as may be alIowed in Section 3.03.B) 3.04.01 GENERAL: All yards, setbacks, etc. shall be applied in relation to the lot area (fractlonallzed parcel) boundaries. 3.04.02 MINIMUM LOT (FRACTIONALIZED PARCEL) AREA AND ]YlT~I~ONS: Area (Principal Uses) Frontage 73,000 Square Feet EO Feet 3.04.03 MINIMUM SETBACKS: One-half of principal building height with a mlnlmum of: Front .. 30 Feet Side 15 Feet Rear 30 Feet Lake 20 Feet The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one-half (1/2) the sun of their heights, whichever is greater. 3.04.04 MAXIMUM BUILDING HEIGHT: Three (3) habitable/living stories above parking. Unless otherwise approved under Section 3.03.B.2. 3.04.05 MINIMUM FLOOR AREA: 600 Square Feet One Bedroom Units 800 Square Feet Two or More Bedroom Units 3-2 3.05 3.04.06 _ SIGNS AND MINIMUM OFF-STREET PARKIN0: As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. No more than two (2) parking spaces per dwelling unit shall be required. PROPERTY DEVELOPMENT REGULATIONS FOR THE PARCEL IDENTIFIED AS "M- 1" (Excluding single family development as may be allowed in Section 3.03.B.) 3.05.01 GENERAL: All yards, setbacks, etc. shall be applied in relation to the individual parcel boundaries. 3.05.02 MINIMUM LOT (FRACTYONALIZED PARCEL) AREA AKD DIMENSIOtIS: Area (Principal Uses) Frontage 20,000 Square Feet 80 Feet 3.05.03 MINIMUM SETBACKS: One-half of principal building height with a minimum of: Front 30 Feet Side 15 Feet Rear 30 Feet The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one-ha].f (1/2) the sum of their heights, whichever is greater. 3.05.04 MAXIM~4 BUILDING HEIGHT: Three (3) habitable/living stories above parking. Unless otherwise approved under Sectlon 3.03.B.2. 3.05.05 MINIMUM FLOOR AREA: 750 Square Feet 3-3 3.05.06- SIGNS AND MINIMUm1 OFF-STREET PARKING: As may be permitted or required by the ~pplicable Collier County Zoning Ordinance in effect at the time a permit is requested. No more th~n two (2) perking spaces per dwelling unit shall be required. 3.05.07 ASPECIAL USE PROVISIONS This "M-l" parcel shall not be developed as an affordable/rental housing project. SECTION IV COMMERCIAL "C" 4.01 4.02 PURPOSE The purpose of this Section is to set forth the regulatlon~ for the areas designated on The PUD Master Plan Sketch, as Commercial. PERMITTED USES AND STRUC?URI;S No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or ~n part, For other than the following: A. Permitted Principal Uses and Structures: Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs. Bakery shops; banks and finyncial institutions; barber ano beauty shops; ba~i~ su~ply stores; bicycle sales and services; blueprint shops; book stores. Carpet and floor covering sales - which may include storage and installation; clot%ing stores; confectionery and candy stores. Delicatessens; drug stores; dry cleaning shops; dry goods stores; and drapery shops. 5. Electrical supply stores. 6. Fish market - retail only; florist shops; food market; funeral homes; furniture stores; fur%er shops. 7. Gift shops; gourmet shops. 8. Hardware stores; health food stores; hobby supply stores. 9. Ice cream stores. 10. Jewelry stores. 11. Laundries - self service only; lea~her goods; liquor stores; locksmiths. ~- 1 022 209 a.03 12. Meat I~arkets; medical offices and clinics; millinery shops; mortgage brokers; museums; music stores. 13. Of floe - (retall or professional); office supply stores. 14. Paint and wallpaper stores; parking garages and lots; pet shops; pet supply shops; photographic equipment stores; post offices; printing; private clubs. 15. Radlo and television sales and services; repair shops - radio, T.V., small appliances and shoes; real estate offices; research design and development activities; rest and nursing homes; restaurants - includlng drive-in or fast food restaurants. 16. Shoe stores; shopplng centers; souvenir stores and stationery stores. 17. Tailor shops; tobacco shops toy shops; tropical fish stor(,s. 18. Varlety stores; veterinary offices and cllnlcs (no outslde kennelling). 19. Watch and precision instrument repair shops. 20. Any other ~se which ls comparable In nature with the foregoing uses and which the Zoning Dlrector determines to be compatible in the district. B, Permitted Principal Uses and Structures RequlFln8 Sl~e Plan Approval: 1. Permitted use with less than 1,000 square feet gross floor area in the principal structure C. Permitted Accessor~ Uses' and Structures: ]. Accessory uses and structures customarily associated with the uses permitted in this district. 2. Caretaker's residence. o Signs as permitted by the Collier County Zonlng Ordinance in effect at the time permits are requested. PROPERTY DEVELOPMENT REGULATIONS 4-2 ~00~ 022~;'~ 2]0 4.03.01 4.03.02 GEIIERAL: All yards, setbacks, etc. shall be in relation to the parcel/tract boundaries. MINIMUM SETBACKS: Front yard from Airport Road, Outrigger Lane and North ~lorseshoe Drive - fifteen (15) feet. West tract boundary - twenty-five (25) feet Side yard - None, or a minimum of five (5) feet with unobstructed passage from front to rear yard. ~.03.03 MINIMUM FLOOR AREA OF PHII~CIPAL STRUCTURE: One thousand (1,000) square feet Der building on ground floor. 4.03.0~ MAXIMUM HEIGHT OF STRUCTURES: Plfty (50) feet. ~.03.05 SIGIIS AND MINIMUM OFF-STREET PARKI~IG: As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. 4.03.06 SITE PLAN APPROVAL: A final site development plan shall be approved for the entire site prior to fractionallzation. 5.01 5.02 SECTION V PARK- "P" PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on The PUD Master Plan Sketch, as Park. PERMITTED USES AND STRUCTURE No building or structure, or part thereof, shall be erected, altered or used, or land or water uses, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Parks, Flaygrounds, picnic areas, swimming pools, and game courts and fields. 2. Biking, hiking, cancelng and nature trails. 3. Boating, boat storage, and other boating related uses. ' 4. Recreational shelters and restroom facilities. 5. Water Management Facilities and Lakes. 6. Off-street parking areas. 7. Fishing piers and docks. Any other activity which is comparable in nature with the foregoing uses and which the Administrator determines to be compatible in the district. E. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Signs as may be permitted by the Collier County Zoning Ordinance in effect at the time permits are requested. 3. Maintenance and storage areas and structures. 5-1 5.03 5.04 C. Site Plan Approval Requirement Site plans for the proposed uses shall be submitted to the Administrator in accordance with Section 1.05 of this document. PROPERTY DEVELOPMENI' CRITF, RIA Ao 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. Buildings abutting residential districts shall have minimum of ten (10) feet landscaped buffer zone. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interfererce. SIGNS AND MINIMUM OFF-STREET PARKING As may be permitted or required b) the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. 5-2 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.01 PURPOSE The purpose of this Section is to set forth the general development commitments for the project. 6.02 PROJECT DEVELOPMENT PHASING All construction phases shall individually comply'with the standards set forth and the resulting partially complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of cul-de-sacs at street ends, signs, landscaping, erosion control and other similar-in-function facilities shall be taken to accomplish the above set forth objective. 6.03 FIRE PREVENTIO~ 6.04 The Development shall compl) with applicable codes and regulations. ARCHITECTURAL REVIEW ." All tulldings cons~?ucted within The Project must comply with the architectural revicw standards as may be set forth in the intended recorded covenants and deed restrictions. 6.05 DEVELOPMENT PLAN The proposed PUD Master Plan Sketch iljustrates the tentative development, uses and locations of certain facilities. The design criteria and ~ayout iljustrated on the Master Plan and other exhibits supporting this project 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 not limited to, distribution of dwelling units, building types, etc., shall be permitted subject to the staff approval. 6-1 6.06 E~,'VI~ONMENTA L CONSIDERATIOt~S Ao ^ site clearing plan shall be submitted to the Natural ]]esources Management Department and the Community Development Division for their review and approval prior ~o the issuance of any substantial work on the site. '~is plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how %he final site layout incorporates retained native vegetation to the maximum extent possible and how roa~s, buildings, lakes, parking lots, and other facilities have been oriented to acccmmodate this goal. Natlve species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources 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, 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. All exotic plants, as defined i: 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 lmplemented'~o prevent relnvaslon 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. Do If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that 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. 215 6-2 Any development within tidal wetland areas shall be in accordance with all local and state requirements and in compliance with the Environmental Advisory Council. Site plans must be submitted to and approved by the ~latural Resources Management Director prior to the issuance of any construction activities. 6.07 WATER MANAGEMEnt? Ao Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. An Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. ~3-3 and as may be amended in the future. Petitioner shall provide a weir diversion structure and lake weir control structure within the platted drainage easement areas for th,~ East llaples Industrial Park in accordance with the Water Management Plan. 6.08 SIG~AGE The developer lnte~s to create uniformly designed special slgnage and identification systems including subdivision and entrance signs for the project to complement the intended development themes and architectural styles. Such signs are intended to be located at all project entrance points as well as at other strategically identified areas. 6.09 Utilization of the right-of-ways for landscaping decorative entrance ways, and signage shall be reviewed and approved by the County Engineer prior, to any installations. SIDEWALKS The developer shall construct to County design standards sidewalks on one side of each proposed new road as shown on the master plan and along the south side of Outrigger Lane. Except that a 7 foot wide sidewalk/bike path shall be prcvided along the new internal road within the single family area and along the entrance road to .~lrport Road. 6-3 6.10 UTILITIES A. Sewer 1. 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. Sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and Regulations in effect at the time of conveyance. All sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated arid maintained b) the Developer, his assigns or successors. Upon completion of construction of the sewer facilities within the project, the facilities will be tested to insure they meet Collier County's utility construction requirements in effect at the time of construction completion. The a~ove tasks must be completed to the satisfactl¢.~ of the Utilities Division prior to placing any utility facilities, County owned or privately owned, into service. 2. All construction plans and technical specifications and proposed plats, if applicable, for the proposed sewage celestion and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. All customers connecting to the 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 sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. It is anticipated that the County Utilities Division will ultimately receive and treat the sewage generated by this project. Should the County system not be in a position to receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim on-site sewage treatment and disposal 7facilities adequate to meet all requirements of the appropriate regulatory agencies. An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: The proposed 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 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(les) may not be expanded to provide sewer service outside the development boundary approved b~ the Co~lnty without the written conssnt of the County. Upon connection to the County's sewer facili%Ses, the Developer, his assigns cr successors shall abandon, dismantle and remove from the site the interim sewage treatment facility, if applicable, in a manner consis'tent with State of Floriga standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's sewer facilities will be made by the owners, their assigns or successors at no cost to the County withZn 90 days after such ~acllltles become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, lnterconnection with County off-site facilities, and/or sewer lines necessary to make the connection(s), etc. At the time County sewer facilities are available for the project to connect with, the following sewer facilities shall be conveyed to 8-5 the County pursuant to appropriate County Ordinances and Regulations in effect at the tlme: All sewer facilities constructed in publ.cly owned rights-of-way or within utility easements required by the County wlthln the project limits and those additional facilities required to make connection with the County's sewer facilities; or, (2) All sewer facilities required to connect the project to the County's sewer facilities when the on-site 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: (a) Maim sewage lift station and force main lntercon:,ecting with the County sewer facilities including all utility easements necessary. %".e customers served on an interim basis by the u~llity system constructed by the Developer shall become customers of the County at the time when County off-site sewer facilities are available to serve the proOect and such connection is made. Prior to connection of the project to the County's off-site 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 be responsible for the sewer service billing for the project. All construction plans and technical specifications related to connections to the County's off-site sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. 6-6 The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of ~roperties for which building permits will be re~uired prior to the start of building construction. The County will lease to the Developer for operatlon and maintenance the sewage collection and transmission system for the sum of $10.00 per year, when such system is not connected to the off-site sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion of the proposed utlllty construction and prior to activation of the sewage collection, transmission and treatment facilities. The Lease, if required, shall remain in effect until the County can provide sewer service ti.rough its off-site facilities or until such time that sewer service a~reements are negotiated with the interim utilty system serving the project. Data required under County Orc]tnance No. 80-112 showing the availability of sewage servlce, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the proyect. Submit a copy o¢ the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. When the County has the ability to provide sewage treatment and disposal services, the Developer, his assigns or successors will be responsible to connect to these facilities at a point to be mutually agreed upon by the County add the Developer, with the Developer assuming all costs for the connection work to be performed. Construction and ownership of the sewer facilities, including any proposed interim sewage treatment facilities, shall be in compliance with all Utilities Division standards, Policies, Ordinances, etc. in effect at the time construction approval is requested. 6-7 Prior to alproval 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 service to the project until the County can provide these services through its sewer facilities. 10. Detailed hydraulic design reports covering the sewage collection and transmission systems to serve the project must be submitted with tile construction documents for the project. The report shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. '.later ~le project shall connect to the City of Naples water system lm accordance with all applicable regulations. 6,11 AFFOEDABLE HOUSING: 6.12 584 multi-family dwelling units shall be developed as rental units in accordance with Section 103(B)(~)A. of the 1985 Internal Revent~e Co~e. LANDSCAPI~;G A~;D PEI;CING: It is the intent oP the Developer to provide landscaping beyond the minimum requirements of the Zoning Ordinance. A combination landscaped hedge or fencr shall be located where shown on the master development plan. The Developer will provide a uniform street landscaping plan on both sides of Outrigger Lane. 6.13 TRAFFIC: Access i;o the commercial site shall be limited to one driveway of two way movement, on Outrigger Lane and North Horseshoe Drive and two driveways of one way movement only on Airport Road. The proposed traffic islands and rotaries shall be reviewed and approved by t!~e County Engineer prior to construction. 6-8 Hovember 12, 1985 Harold E. Huber £~ngineering Director Public Wor~s Division (;oilier Countg Government center Haples, Florida 33~40 'River Reach Hemorandum Dated 9/25/85 and lo/Ir/B3 Dear Hero Id: As agreed to and in follow-up to our meeting on 10/24/85 with 'rom Kuck, Bob Dunivan, and goursel~, these are our responses ~o the above-mentioned memorandum: A. Master Plan " Items 1, 2, and 4: Please see revised Master Plan Item 3: To be a~dressed at the time o6 platting Il. General Item 1: North Horseshoe Drive will be widened For proper turning movements with one access limited to each road to the commercial site. Please see revised master plan. Item 2: Access onto Airport Road will be limited to t~o drivewags o~ one-~a~ movement only. Item 3: This will be addressed at the time o~ platting. Item 4: This will be addressed at the time o~ site development plan approval. Item 5: The proposed traffic islands and "rotaries" shall be reviewed and approved bg the Countg Engineer prior to construction. Item 6: Please see the revised PUD document see~tng an exception to the Subdivision Regulations. Harold E. Huber November 12, lgGD Page 2 _ C. Exceptions to Subdivision Regulations a. Walks will be provided on one side oF each proposed road shown on the master plan and the south side oF Outrigger Lane. b. Street name mark~rs and traFFic devices shall be approved by the C~unty Engineer only. c. th?u F. as stated. g. , h. , and $. Approval subject to review and approval by the County Engineer prior to construction. i. As stated. ,~iven the above with the revised Master Plan and PUD docu- ment, it is our understanding that the Engineering Department ,uould oFFer no objection to the propo,ed petition. The Following responses should clarify our agreement with you ,~n T. E. ½uck's memorandum oF ~ecommendations to M£ssy McKim. Items 1 thru 3: The revised master plan realigns North Horseshoe Dr~ve with Progress Avenue with a connecto~ to the new proposed internal roadway. A connector ~rom the multiFamily area to North Horseshoe Drive is no longer warranted. Item 4: With the costs incurred in the realignment o~ North Horseshoe D~ive and the Funds derived Fron, our Transportation Impact Fee, contribu- tion toward the capital cost oF a traFFic signal is no longer ~arranted. Item 5: The Airport Mas~er Plan p~ecludes a Future connection ~rom being ~easible and not warrant- ed. Item 6: Previously addressed above unde~ B.I and Item 7: Not warranted on the basts o~ these revisions as mutuall~ agreed upon. Harold E. Huber November 1~, I~GO Page 3 We trust this information is complete to proceed with gout Final review and approval. Should 4ou have additional hues- tion~, please don't hesitate to contact our o~ice. Sincerelg, F~ichard P. HenderJong Planner RPH/ngj ~oo~ 022~,,~,~ 225 STATE OF Fi~ORIDA ) (:OUIF~Y OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the 9~entieth Judicial Circuit, Collier County, Florida, do kereby certify that the foregoing is a true and correct copy of: ORDINANCE NO. 85-71 which was adopted by the Board of County Commissioners during Regular Session on the 10th day of December, 1985. WITNESS my hand and the official s~al of the Board of County Commissioners of Collier County, Florida, this 13th day of December, 1985. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-Officio tO Board of County Commi ss ione~[%)[] ~ · Deputy Clerk