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Ordinance 2000-016i ORDINANCE NO. 2000- 1. 6 N ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER OUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE OMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9618N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WHIPPOORWILL LAKES PUD FOR A MIXED USE RESIDENTIAL DEVELOPMENT NOT TO EXCEED 518 DWELLING UNITS, LOCATED ONE- QUARTER MILE SOU-TH OF PINE RIDGE ROAD (C.R. 896) AND NORTH OF NIGHT HAWK DRIVE BETWEEN WHIPPOORWILL LANE AND INTERSTATE 75 IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 76.85+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Plao~ing, representing Mark Bates, petitioned the Board of County Commissioners to change the zoning classification 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 classification of the herein described real property located in Section 18, Township 49 South, SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Range 26 East, Collier County, Florida, is changed from "A" Agricultural to "PUD" Planned Unit Development in accordance with the Whippoorwill Lakes PUD Document, attached hereto as Exhibit "A" and inco ed reference herein. The Official Zoning Atlas Map Number 9618N, as described in Ordinance Numbe~gI~102~e Collier County Land Development Code, is hereby amended accordingly. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this . 0oo. ATFEST: Attest as to ChaPman's $ ign ture onl Approved as tO ~'orm and Legal Sufficiency Marjor0~-M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COL~RIDA This ordinance fi!~d S'cd~;'s G!";icc ~,'.' ': SecreI'gry of~--'-- ,5, filing rc~:ved ~J:~s g/PUD-98-20 ORDINANCE/ts -1- WHIPPOORWILL LAKES PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: GULF SUN CORPORATION MARK BATES, PRESIDENT 533 TURTLE HATCH LANE NAPLES, FLORIDA 34103 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING 3785 AIRPORT ROAD NORTH, SUITE B NAPLES, FLORIDA 34105 and TONY PIRES WOODWARD, PIRES & LOMBARDO, P.A. 801 LAUREL OAK DRIVE, SUITE 640 NAPLES, FLORIDA 34108 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT 'W' March 19, 1999 March 14, 2000 July !5, 1999 March 14, 2000 2000-16' TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION IIIRESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS PAGE ii III 1 3 5 8 14 15 ii LIST OF EXHIBITS EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT "D" EXHIBIT "E" EXHIBIT "F" EXHIBIT PUD MASTER PLAN PUD WATER MANAGEMENT PLAN DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING DEPICTION OF PROJECT ENTRY SIGN DEPICTION OF PROJECT ENTRY SIGN LEGAL DESCRIPTION 111 STATEMENT OF COMPLIANCE The development of approximately 76.85+ acres of property in Collier County, as a Planned Unit Development to be known as Whippoorwill Lakes PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Whippoorwill Lakes PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. o The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. o The project is located partially (11.42 acres) within the Mixed Use Interstate Activity Center and the remaining land (65.43 acres) is within the Residential Density Band of the Urban Residential Mixed Use District around the Pine Ridge Road Interstate 75 Activity Center, on the Future Land Use Map. The projected density of 6.74 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Land Within Residential Density Band Base Density 4 dwelling units/acre Activity Center Density Band +3 dwellin.q units/acre Maximum Permitted Density 7 dwelling units/acre 65.43 acres x 7 dwelling units/acre = maximum of 458 units Land Within the Mixed Use Activity Center Activity Center 16 dwellin,q units/acre Maximum Permitted Density 16 dwelling units/acre 11.42 acres x 16 dwelling units/acre = maximum of 182 units Entire Project Area Maximum number of units on entire project = 458 + 182 = 640 units. Maximum permitted density = 640 units/76.85 acres = 8.33 dwelling units/acre. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 1.3 1.4 1.5 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Whippoorwill Lakes PUD. LEGAL DESCRIPTION The subject property being 76.85+ acres, and located in Section 18, Township 49 South, Range 26 East, and as described on Exhibit "G": PROPERTY OWNERSHIP All of the property is under sales contract held by: Mark Bates, Gulf Sun Corporation, 533 Turtle Hatch Lane, Naples, Florida 34103. GENERAL DESCRIPTION OF PROPERTY AREA Ao The subject property is located 1/4 mile south of Pine Ridge Road, and encompasses the area north of Night Hawk Drive, between Whippoorwill Lane and the western boundary of the Interstate 75 right-of way (unincorporated Collier County), Florida. The entire project site currently has Agricultural Zoning, with part of the land having a Special Treatment Overlay, and is proposed to be rezoned to PUD. PHYSICAL DESCRIPTION The project site is located within the 1-75 Gate Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the existing borrow pit located on the eastern portion of the subject property. This existing water body discharges into the D-2 Canal, located along the eastern side of 1-75, via existing canal cross drains. The peak discharge rate from the design storm will be limited to 0.15 cubic feet per second/acre per Collier County Ordinance No. 90-10. 3 1,6 1.7 Natural ground elevation averages 10.7 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at or above the 25~year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake system prior to discharge to the wetland preserve areas. The water management system will be permitted by South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation with a peak discharge rate of 0.15 cfs/acre; minimum roadway centerline, perimeter berm and finished floor elevations; water quality pre-treatment; and wetland hydrology maintenance. Per Collier County Soil Legend, dated January 1999, the types of soil found within the limits of the property are predominantly #3 - Malabar Fine Sand. Number 16 Oidsmar Fine Sand is found along the northern property line and a small pocket of #25 - Boca, Riviera, Limestone Substratum and Copeland Fine Sands, Depressional can be found within the northeast portion of the site. All soil types encountered on the site are listed as hydric with the exception of #16 - Oldsmar Fine Sand located along the northern portion of the site. The site vegetation consists primarily of FLUCCS #624 - pine cypress cabbage palm areas, primarily drained with about 1/3 of this area likely to be considered wetland jurisdictional, and FLUCCS g411 - pine flatwoods, primarily disturbed, The project as proposed will incorporate restored upland and wetland preserve areas maintained in a contiguous arrangement. PROJECT DESCRIPTION The Whippoorwill Lakes PUD is a project comprised of a maximum of 518 residential units. The residential units are projected to be developed as garden apartments. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be known and cited as the "Whippoorwill Lakes Planned Unit Development Ordinance". 4 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relatio.nships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Regulations for development of the Whippoorwill Lakes PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. Co All conditions imposed and graphic material presented depicting restrictions for the development of the Whippoorwill Lakes PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Do All applicable regulations, unless specifically waived, modified, or excepted by this PUD Document, shall remain in full force and effect. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest or next to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES 2.4 2.5 2.6 A maximum of 518 dwelling units shall be constructed in the residential areas of the project. The gross project area is 76.85+ acres. The gross project density shall be a maximum of 6.74 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Ao The general configuration of the land uses are iljustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SALES FACILITIES In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval subject to the requirements of Section 2.6.33.3 of the Land Development Code. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: Ao Excavation activities shall comply with the definition of a 'Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. All other provisions, of Division 3.5 Excavation of the Land Development Code shall apply. 7 3.1 3.2 3.3 SECTION III RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 518 units. If the petitioner has not acquired title to the Dog Ranch Road right-of-way, north of Nighthawk Drive and internal to the project, prior to Site Development Plan approval the project shall be reduced to a maximum of 506 dwelling units. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line). 2. Two-family dwellings (includes duplexes). 3. Multi-family dwellings (includes townhouses, garden apartments, villas, coach homes, and carriage homes). 4. Any other use deemed comparable in nature by the Development Services Director. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures associated with the permitted principal uses including garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, boat docks, pitching and putting golfing facilities, walking paths, picnic areas, recreation buildings, verandahs, and basketball/shuffle board courts. 8 Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse and entrance features. 5. Essential services, including interim and permanent utility and maintenance facilities. o Any other accessory use deemed comparable by the Development Services Director. 3.4 DEVELOPMENT STANDARDS Ao Table I sets forth the development standards for land uses within the Whippoorwill Lakes PUD. Front yard setbacks in Table I shall be measured as follows: If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. (a) Carports are permitted within parking areas. (b) Garages are permitted at the edge of vehicular pavement which provides access to a designated parking space; however, garages shall use a parking apron of at least fiffen (15) feet separating the garage from the edge of curb on a private right-of-way without sidewalks or fifteen (15) feet from a sidewalk. TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (Der unit) Minimum Lot Width Front Yard Setback Side Yard Setback 1 Story 2 Story 3 Story Rear Yard Setback Principal Structure Accessory Structure PUD Boundary Setback (3) Principal Structure Accessory Structure Lake Setback (5) Preserve Area Setback Distance Between Structures Main/Principal 1-Story 2-Story 3-Story Accessory Structures Maximum Height: Principal Building Accessory Building Minimum Floor Area SINGLE-FAMILY 6,OOO Sq. Ft. 60' Interior Lots (1) 70' Corner Lots 25' 0' & 10' or both 5' 0' & 15' or both 7.5' NA 20' 10' TWO-FAMILY MULTI-FAMILY 7,200 Sq. Ft. 1 Acre 80' Interior Lots (1) 150' (40')(2) 100' Comer Lots (5O')(2) 25' 20' 0° & 15' or both 7.5' 0' & 20' or both 10' NA 20' 10' Greater of 7.5' or 112 BH Greater of 10' or 112 BH Greater of 12.5' or 1/2 BH 25' 10' 20' 20' 20' H) 10' 10' 10' 20' 20' 20' 25' 25' 25' 15' 20' 20' 20' NA NA 10' 10' 35' and 2 stories 35' and 2 stories 20'/Clubhouse 35' 20'lClubhouse 35' 1200 Sq. Ft. 1100 Sq. Ft. Greater of 15' or 1/2 SBH Greater of 20' or 1/2 SBH Greater of 25' or 1/2 SBH 10' 40' and 3 stories 20'/Clubhouse 35' I bedroom = 650 Sq. Ft. 2 Bedroom = 900 Sq. Ft. 3 Bedroom = 1100 Sq. Ft. (1) May be reduced on cul-de-sac lots upon approval by the Director of Planning. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is on an individually platted lot. (3) PUD Boundary setback shall be a minimum of seventy-five feet adjacent to the cellular tower, that is located at the southeast corner of the Seagate Baptist Church. (4) Three-story buildings shall be set back a minimum of seventy-five feet from Whippoorwill Lane ROW. (5) Lake setbacks are measured from the control elevation established for the lake. SBH refers to "Sum of Building Heights". io Co Off-Street Parking and Loading Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Open Space/Natural Habitat Preserve Area Requirements: A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site. Do A minimum of twenty-five (25) percent of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.9.5.5.3 of the Land Development Code. Landscaping and Buffering Requirements: A berm, wall, fence, or combination thereof, may be provided by the developer adjacent to the eastern PUD boundary along Interstate 75. Such buffer may have occasional openings to provide glimpses of the project from Interstate 75. In order to maximize security and minimize impacts on existing trees, walls or fences may comprise up to eight (8) feet in height of any berm/wall or berm/fence combination. o If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. A twenty-five (25) foot buffer shall be provided where a multi-family project is adjacent to any single-family or two-family project within the PUD. All other landscaping shall be in accordance with Division 2.4 of the Land Development Code. Architectural Standards All buildings, lighting, signage, and landscaping shall be architecturally and aesthetically unified. Said unified architectural !1 theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All buildings shall be primarily finished in light subdued colors with stucco except for decorative trim. Within any multi-family project all roofs, except for carports, shall be peaked and finished in tile or metal. Within any single- family or two-family project all roofs, except for carports, shall be peaked and finished in tile, metal, or architectural designed shingles (such as Timberline). All pole lighting, internal to the project, shall be architecturally designed, limited to a height of thirty (30) feet, and similar architecturally to one of the lighting fixtures shown on Exhibits "C" or "D". Signs Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code, except as described in the following instances. o Up to two (2) ground or wall signs shall be permitted at the main entrances to the PUD and located within the interior of the PUD. Such sign(s) shall contain only the name of the entire 76.85+-acre PUD project, names of individual communities within the PUD project, and insignia or mottos of the development. Such ground or wail sign(s) shall be similar architecturally to one of the signs shown in Exhibits "E" or "F" and architecturally compatible with the unified architectural theme of the entire PUD (as described in Section 3.4E. of this PUD Document). Said ground or wall sign(s) shall not exceed a combined area of sixty-four (64) square feet, and shall not exceed the height or length of the wall upon which it is located. A ground sign shall be permitted along the eastern PUD boundary adjacent to Interstate 75. Such sign shall contain only the name of the entire 76.85+-acre PUD project and shall be compatible architecturally with the unified architectural theme of the PUD (as described in Section 3.4E. of this PUD Document). Exclusive of landscaping, such ground sign shall not exceed an area of twenty- four (24) square feet. 12 Densib/ The densities on Parcels A, C, and D shall be 6 dwelling units per acre unless the owner(s) of such parcel(s) provide(s) written notice to Collier County Development Services that it will accept a lower density on such parcel(s). 13 4.1 4.2 SECTION IV PRESERVE AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas including recreational shelters. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, after the appropriate environmental review. Any other use deemed comparable in nature by the Development Services Director. 14 SECTION V DEVELOPMENT COMMITMENTS 5.1 5.2 5.3 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. PUD MASTER PLAN Ao Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 15 5.4 5.5 5.6 5.7 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in one (1) or two (2) phases. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING Ao This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Bo Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. WATER MANAGEMENT A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. A copy of the approval of this SFWMD Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. Bo An Excavation Permit will be required for any proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. Lake setbacks from the perimeter of the PUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. UTILITIES Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, 16 5.8 5.9 constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. No on-site central sewage collection, treatment and disposal systems shall be permitted. TRAFFIC Ao The applicant shall be responsible for the installation of arterial level street lighting at all project entrances. Installation shall be in place prior to the issuance of any certificates of occupancy. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. Whippoorwill Lane shall be extended by the developer, unless previously extended by other area developers, and such extension shall be to minimum Collier County construction standards. The portion of Whippoorwill Lane on the subject site shall be dedicated to Collier County, upon completion of construction. The petitioner shall dedicate a 40-foot-wide strip along the project's western project boundary for construction and widening of Whippoorwill Lane. This dedication shall occur pursuant to Section 2.2.20.3.7. of the Land Development Code when requested by Collier County or prior to construction plans and plat approval, whichever occurs first. PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 17 A lake access, with associated recreational facilities, shall be constructed by the developer and made available to all residents of the subject project. Co The valuation of land for the acquisition of the WhipPoorwill Lane right-of- way and the east-west road right-of-way shall be borne proportionally by the Developer on a per unit basis with all development projects having frontage on or access to Whippoorwill Lane or its east/west extension, which by design enables traffic to utilize Whippoorwill Lane. Said valuation shall be based on the provisions of Section 2.2.20.3.7. of the Land Development Code. If the Developer and/or another developer having frontage on or access to Whippoorwill Lane or its east/west extension constructs the north/south segment of Whippoorwill Lane or its east/west extension as a public road (road developer), and the road developer's cost for such exceeds the amount of the road developer's project's road impact fees (based upon the rate schedule in the County's adopted Road Impact Fee Ordinance Schedule), the road developer shall be rebated amounts in excess of the road developer's project's road impact fees upon receipt by Collier County of other development's road impact fees collected within Road Impact Fee District One, pursuant to terms of a Developer Contribution Agreement. Area-wide drainage facilities and appurtenances including land requirements shall be under the control of Collier County. Should it become necessary to acquire land or construct facilities that are in excess of the drainage requirements of any particular development, then the costs for those added requirements will be proportionally shared by the Developer on a per unit basis with all benefiting projects. Said costs and pro rata share shall be determined by and payable to Collier County prior to the issuance of any building permits to the Developer. Said costs with area-wide benefits incurred by this development shall be rebated pursuant to the terms of a Developer Contribution Agreement or other appropriate mechanism. A sanitary sewer collection system and potable water supply distribution system shall be designed having area-wide design standard specifications as determined acceptable to the Collier County Public Works Engineering Division. Design specifications resulting in incurred costs to this Project but having area-wide benefits will be prorated against this project but will be proportionally shared by the Developer with all benefiting projects. Said pro rata costs shall be determined by Collier County on a per unit basis with all development projects having frontage 18 5.10 on or access to these utilities along Whippoorwill Lane or its east/west extension and shall be made payable to Collier County prior to the issuance of any building permits for this Development. Said costs with area-wide benefits incurred by this Development shall be rebated pursuant to the terms of a Developer Contribution Agreement. If another developer having frontage on or access to Whippoorwill Lane or its east/west extension has initiated construction or completed construction of: the north/south segment of Whippoorwill Lane or its east/west extension, water and sewer utilities within this right-of-way, or area-wide drainage facilities directly benefiting this project, the Developer shall enter into a Developer Contribution Agreement prior to the issuance of any building permits agreeing therein to pay its fair share for these facilities as determined by Section 5.9. Ho Chain link and wood fencing are prohibited as perimeter project fencing along the site°s frontage on any collector road and must be a minimum of 100 feet from a public right-of-way. ENVIRONMENTAL Ao Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Bo All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.3.4 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Co Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be 19 provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. This plan shall include methods and a time schedule for removal of exotic vegetation within conservation/preservation areas. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on- site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 2O ..... ~1 ~ ~' '~"'"':~ --='-:='JJ"'"llk'ir-'- _-_ .---. :=.z... ,~ I,:'Ji'--i'-z-T"~, , ,~ ~", ',Z,i[ . _ .--_ _-_ .--_ .--..--zR£SiDENI1AL ....................... ti ~ '~'* k! '" '~ " ~ ' .... ' ' ' ' ' ' "' ,,~ ,, .,= ,.,..,.,,..,,...-x ,., .,. I Il ~: /, . ' "13 * * ' * '~ ' ' ' * ! ~.~, , , .~. ..... *,.,F*: ' '~" /' ..... ' '~ ..... ~' ' ' ¥ "'~ '~"/'-'-"~ ' ' ' ' ' '~" ' ' · ;.. .... , . ..* .... . . · ~, ,~s~ .',', ,:~ ..... ,'~ ',','~ ~.~ .... ~., , , , ,/ \, , ,~ '~' ...... 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PUD M,',ST~., ~'U,, --.%'~,~-- r :: ..... " EXlIIBIT "A" - '"'"' DOG II~lCfl ROAD (?0' II-O-W) llllllllllllllllllll 11111111111111111111 II111'~ 11l~1111 IIllllllllllli ~lill Iilllllllllllllllll! II111111111 IlliIllllll lllllllllll II111111111111"~.111111111 i11111111111 II!11111111111~.111111111 Illlllllllll lillllllill! lllll'~ llllllllllli Illll'~lllll .11111111111 llllllllllll!llillll~.lllllc~.lllllllllll illllllllllllllilllllllllll'~.llllllllil1 Illllllllllllillillllllllllll ' ' "'"'"'! '""I ,fill GULP' SUN CORPORATION WHOPPO~R~DLL LAKES PUD CONCEPTUAL WATER MAJq/AGEMENT & UTI~ P~N EXI-t~rr "C" DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING i I EXHIRIT "D" DEPICTION OF ARCHITECTLIRALLY DESIGNED POLE LIGHTING EXHIBIT "E" DEPICTION OF PROJECT ENTRY SIGN EXHIBIT "F" DEPICTION OF PROJECT ENTRY SIGN EXHIBIT "G" LEGAL DESCRIPTION OF WHIPPOORWILL LAKES PUD Parcels "A" and "B", the Spaid¢ land, described as: A. The S 1/2 of the NE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E, Collier County, Florida; subject to existing restrictions and reservations of record; and subject to an easement for public road right-of-way over and across the East 30 feet thereof; and B. The SW 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26 E, Collier County, Florida; subject to existing restrictions and reservations of record; and subject to an easemem for public road right-of-way over and across the West 30 feet thereof and the South 30 feet thereof. LESS C. A parcel of land in Sec. 18, Twp. 49S, Rag. 26E, more particularly described as follows: COMMENCE at the SE comer of Sec. 18, Twp. 49S, Rng. 26E; thence North 00039'46'' West 2639.68 feet to a point; thence North 00°40'16" West 1319.90 feet to the POINT OF BEGINNING; thence South 89036'42.. West 461.39 feet to a point; thence North 14036'28.' West 680.88 feet to a point; thence North 89037'08'' East 625.38 feet to a poim; thence South 00°40'16" East 659.95 feet to the POINT OF BEGINNING. .P. arcel "C", the Cook land, described as: The N 1/2 of the SE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E, Collier County, Florida; LESS the W 70' thereof and LESS the 1-75 right-of-way. .P. arcel "D", the Rayburn land, described as: The S 1/2 of the SE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E, Collier County, Florida; LESS the W 70' thereof and LESS the 1-75 right-of-way. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2000-16 Which was adopted by the Board of County Commissioners on the 14th day of March, 2000, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of March, 2000. DWIG~{T E BROCK Clerk of Courts and cie~k?' Ex-officio to Board of County Commissioners. By: Ellie Hoffman, .,.. Deputy Clerk