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Ordinance 2003-30NHc ORDINANCE NO. 03-. 3(3 N ORDINANCE AMENDING ORDINANCE NUMBER 91-102 E COLLIER COUNTY LAND DEVELOPMENT CODE WHICH LUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8621 S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS H.D. DEVELOPMENT PUD LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (C.R. 846) APPROXIMATELY 1.25 MILES EAST OF OAKES BOULEVARD, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 46.64_+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning and Development, Incorporated, representing H.D. Development, LLC, 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, that: SECTION ONE: The zoning classification of the herein described real property located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, is changed trom "A" Agriculture to "PUD" Planned Unit Development in accordance with the H.D. Development PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8621S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this c~q4~t day of k.~r'l.e, ,2003. ,,...~'"'.'""'.; ..... ,,, BOARD OF COUNTY COMMISSIONERS ..' .,'s,J~ 8C:,~Z~ ',. COLLiER~qTy,~TiDA . ~ :~,E ~ ~' ~ TOM HENNING, CHAIRMAN ff ~. '~".. '~~~ B ROCK, CLERK Approved as to Form and Legal Sufficiency This ordinonce filed with th~ Secretary of State's Office the ~ day of .-~_~, ~L or~ acknowledgement of thaf filing received this PUDZ./2002/AR-2433/FR/10 By ! ~l~,~,--'. ~ -- Mmjori~l. Student - - - Assistant County Attorney H.D. DEVELOPMENT PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: DAVID A. CUSTER, MANAGER H.D. DEVELOPMENT, LLC 14845 FRIPP ISLAND COURT NAPLES, FLORIDA 34119 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 and DAVID WILLEMS, PE JOHNSON ENGINEERING, INC. 2158 JOHNSON STREET FORT MYERS, FLORIDA 33901 DATE FILED April 19~ 2002 DATE REVISED April 11~ 2003 DATE REVIEWED BY CCPC DATE APPROVED BY BCC' ORDINANCE NUMBER EXHIBIT "A" TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS PAGE ii iii 1 2 4 7 12 13 EXHIBIT "A" EXHIBIT "B" LIST OF EXHIBITS PUD MASTER PLAN PUD CONCEPTUAL UTILITY/WATER MANAGEMENT PLAN iii STATEMENT OF COMPLIANCE The development of approximately 46.64_+ acres of property in Collier County, as a Planned Unit Development (PUD) to be known as the H.D. Development 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 H.D. Development 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 with 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 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. The Project is located within an Urban Residential Mixed Use designation of the Future Land Use Element. The projected density of 2.23 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: Base Density Maximum Permitted Density 4 dwellinq units/acre 4 dwelling units/acre Maximum permitted units = 46.64 acres x 4 dwelling units/acre = 186 units. Requested dwelling units = 104, which results in a requested density of 2.23 dwelling units/acre. All final local development orders for this Project are subject to Division §.15, Adequate Public Facilities, of the Collier County Land Development Code. SECTION I 1.1 1.2 PROPERTY OWNERSHIP AND DESCRIPTION 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 the H.D. Development PUD. LEGAL DESCRIPTION 1.3 1.4 The subject property being 46.64_+ acres, is comprised of 3 separate parcels that are located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, and are fully described as: The West half of the Southeast quarter of the Southwest quarter of Section 21, Township 48 South, Range 26 East, less the south 100 feet thereof, Collier County, Florida. Bo The West half of the West half of the Southwest quarter of the Southeast quarter of Section 21, Township 48 South, Range 26 East, Collier County, Florida. Co The East half of the Southeast quarter of the Southwest quarter of Section 21, Township 48 South, Range 26 East, Collier County, Florida, subject to existing restrictions and reservations of record. PROPERTY OWNERSHIP Ao The subject property is owned by: David A. Custer, Managing Partner, H.D. Development, LLC, 14845 Fripp Island Court, Naples, Florida 34119. GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located on the north side of Immokalee Road, approximately 1.25 miles east of Oakes Boulevard, unincorporated Collier County, Florida. B. The entire Project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION 1.6 1.7 The project site is located within the Cocohatchee River Canal drainage basin according to the Collier County drainage atlas. The proposed outfall for the project is the Cocohatchee Canal located north of Immokalee Road. The peak discharge rate from the design storm will be limited 0.04 cubic feet per second/per acre in accordance with Collier County Ordinance No. 90-10. Natural ground elevation is approximately +12.0 to +14.0 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 the perimeter berm with crest elevation set at the 25-year, 3-day flood stage. Water quality treatment is proposed in on-site lakes, swales and detention areas prior to discharge to the Cocohatchee Canal. Per Collier County's soil survey dated 1998, there are three types of soil found within the limits of the property: No. 17 - Basinger fine sand. No. 25 - Boca, Riviera, limestone sub stratum and Copeland fine sand, depressional No. 27 - Pompano fine sands, depressional. The site vegetation consists mainly of pine and palmetto flat woods with mixed cypress and a cypress canopy with wire grass understory. The proposed plans are to preserve the high quality cypress slough area through the project and have two independent development tracts in the upland and lower quality wetland areas of the project. The site has been impacted by melaleuca and other exotics that will be removed as part of the proposed site improvements. PROJECT DESCRIPTION The H.D. Development PUD is a Project comprised of a maximum of 104 residential units. Recreational facilities and other facilities and services 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 "H.D. Development Planned Unit Development Ordinance." 2.1 2.3 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other Project relationships. GENERAL Ao Regulations for development of the H.D. Development PUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development, 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 (SDP), 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 required, 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 applicable regulations, unless specifically waived through a variance procedure or separate provision provided for in 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. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 104 dwelling units shall be constructed in the Residential Areas of the project. The gross project area is 46.64_+ acres yielding a residential density of 2.23 units per acre. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS 2.5 2.6 The general configuration of the land uses are illustrated 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 in effect prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure 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. Bo Temporary sales trailers and construction trailers may be placed on the site after site development plan approval and prior to the recording of subdivision plats, 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, in accordance with Section 3.2.8.3.6 of the Land Development Code, as amended. Off-site disposal is also hereby permitted subject to the following conditions: Ao Excavation activities shall comply with the definition of a "Develop"ment 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. Bo All other provisions of Division 3.5, Excavation, of the Land Development Code shall apply. SECTION III 3.1 3.2 3.3 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, as may be amended pursuant to Section 5.3. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 104 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: Ao Permitted Principal Uses and Structures: 1. Single-family dwellings in Tracts 1 and 2 Single-family dwellings including attached and zero-lot line units in Tract 2 only. Multi-family dwellings in Tract 3 only (includes townhouses and garden apartments). Temporary sales trailers and model units. Gatehouse. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD, as determ~ined by the Board of Zoning Appeals. Permitted Accessory Uses and Structures: Customary accessory uses and structures including carports, garages, and utility buildings. 3.4 Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Essential services, including interim and permanent utility and maintenance facilities. 4. Water management facilities. = Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD, as determined by the Board of Zoning Appeals. DEVELOPMENT STANDARDS Ao Table I sets forth the development standards for land uses within the H.D. Development 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. o 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, whichever is more restrictive. TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area Iper 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 Principal Structure Accessory Structure Lake Setback (3) Wetland Preserve Area Setback Distance Between Structures SINGLE-FAMILY ON TRACT 1 12,000 Sq. Ft. 85' Interior Lots (1) 95' Corner Lots 23' (2) 6' 7.5' NA 20' (30' adjacent to Olde .Cypress PUD) 10' (20' adjacent to Olde Cypress PUD) SINGLE-FAMILY ON TRACT 2 6,000 Sq. Ft. NA 55' Interior Lots (1) NA 65' Corner Lots NA 23' (2) 15' 0' & 12' or both 6' 7.5' 0' & 15' or both 7.5' 10' NA 12.5' 20' (30' adjacent to 20' Olde Cypress PUD) 10' (20' adjacent to 10' Olde Cypress PUD) NA NA 2O' NA NA 10' 20' 20' 20' 25' 25' 25' Main/Principal 1 -Story 12' 12' 15' 2-Story 15' 15' 20' 3-Story NA NA 25' Accessory Structures 10' 10' 10' MULTI-FAMILY ON TRACT 3 Maximum Heiqht Principal Building Accessory Building Minimum Floor Area 35' with a maxi, cnum of 2 stories 20'/Clubhouse 35' 2400 Sq. Ft. 35' with a maximum of 2 stories 20'/Clubhouse 35' 1600 Sq. Ft. 42' with a maximum of 3 stories 20'/Clubhouse 38' 650 Sq. Ft. for 1 Bedroom 900 Sq. Ft. for 2 Bedroom 1000 Sq. Ft. for 3 Bedroon (1) May be reduced on cul-de-sac lots and lots on the inside part of curved streets by 25%. (2) The front yard setback for side-loaded garages may be reduced to 18', with the home remaining at 23', where the applicant demonstrates that 2 vehicles can be adequately parked on a double-wide driveway without overhanging onto the sidewalk located at the edge of the right-of- way. (3) Lake setbacks are measured from the control elevation established for the lake. Do Eo Bo Off-Street Parkinq and Loadinq Requirements._' Parking regulations shall be 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 for any residential project. A minimum of 11.52 acres, 25% of the viable native vegetation, shall be provided on-site, including both the under-story and the ground cover emphasizing the largest contiguous area possible. Landscapinq and-Bufferin.q Requirements: If landscape buffers are determined to be necessary adjacent to the wetland preserve areas, they shall be separate from those preserve areas. A twenty (20) foot Type "D" Buffer shall be provided within the Residential Areas adjacent to Immokalee Road, a ten (10) foot Type "A" Buffer along the western PUD boundary, a ten (10) foot Type "D" Buffer adjacent to Treeline Drive, a ten (10) foot Type "A" Buffer adjacent to the single-family home on the east side of Treeline Drive, and a fifteen (15) foot Type "B" Buffer along the eastern side of Residential Area - Tract 3. Remaining landscaping and buffering shall be provided per Division 2.4. of the Collier County Land Development Code. Architectural Standards All buildings, lighting, signage, landscaping and visible amhitectural infrastructure shall be architecturally and aesthetically unified. ,.Said unified architectural 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 within the Residential Areas. Landscaping and streetscape materials shall also be similar in design throughout the Residential Areas. All pole lighting, internal to the Residential Areas, shall be architecturally designed and limited to a heighi of thirty (30) feet. Si,qns Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code. l0 5.1 5.2 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. 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, may be approved after Environmental Staff's review. All supplemental plantings within the Preserve Areas shall be 100% indigenous native species. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD, as determined by the Board of Zonirlg Appeals. SECTION V DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this Project. 6.2 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 or 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 Document. 6.3 PUD MASTER PLAN Exhibit "A," PUD Master Plan, illustrates 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 ensure the continued operation and maintenance of all service utilities a~d all common areas in the Project. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT 6.5 6.6 6.7 A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is expected to be completed in 1 o~ 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. Monitorin.q Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. An affidavit of the owner of the property within the PUD shall be submitted with the report stating that the contents of the report are true and correct. ENGINEERING This Project shall, be required to meet all County Ordinances in effect at the time final construction documents are submitted for Development approval. 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, and Division 3.3., Site Development Plans. WATER MANAGEMENT Ao· A copy of the South Florida Water Management District (SFWMD) permit, permit modification or waiver shall be provided to Collier County at the time of construction plans review. If the project is proposing construction impacts within a Big Cypress Basin maintained easement, the applicant shall provide a copy of the approved SFWMD Right-of-Way Permit to Collier County during the review of the construction pans. -, An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. All road impact fees must be paid prior to removal of material from the site. '- UTILITIES Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the Project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 01-57, as amended, and other applicable County rules and regulations. 13 6.8 TRAFFIC The development of this PUD shall be subject to and governed by the following minimum stipulations. All traffic control devices and design criteria used shall be in accordance with the Minimum Standards, as amended, and as adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. Bo All traffic speed limit postings shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) - Speed Zoning Manual, as amended, as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. Co Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). External and internal improvements determined by Collier County Transportation Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first CO. Road Impact Fees will be paid in accordance with applicable Collier County Ordinances. F. Any and all points of ingress and/or egress as shown on any and all plan submittal(s), are conceptual in nature and subject to change as determined by Collier County Transportatior~ Staff. Collier County Transportation Staff reserves the right to modify, or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems. G. Any and all median opening locations will be in accordance with the 'Collier County Access Management Policy, as amended, and Land Development Code, as amended. Median access and control will remain under Collier County Transportation Staff's authority. Collier County Transportation Staff reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems. 14 Ko Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence of a point of ingress, egress and/or median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. The following shall be the minimum requirements: 1. Pedestrian travel ways: a) On local roadways sidewalks shall be a minimum of six feet in width. b) On collector and arterial roadways sidewalks shall be a minimum of eight feet in width. 2. Bicycle travel ways: a) On local roadways bike lanes are not required. Travel lanes shall be a minimum of twelve feet in width so as to accommodate bicyclists. b) On collector and arterial roadways, in addition to the vehicular travel lanes, bike lanes shall be provided. The bike lanes shall be a minimum of four feet in width when there is curb and gutter and five feet in width when there is no curb and gutter. 3. The pedestrian and bicycle travel ways, and their interconnections, shall be separated from vehicular traffic by a minimum distance of three feet. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of any and all traffic sign~al(s), said traffic signal(s) shall be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. The developer(s) shall provide any and all site 'related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) 15 improvement(s) at the development entrance(s) prior to the issuance of the first permanent CO. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn 'lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff at the time of site development plan or final subdivision plat. L. All work within Collier County right-of-way shall meet the requirements of applicable Collier County Ordinances. All internal access(es), drive aisle(s), sidewalk(s), not located within County right-of-way, will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). N. Joint/shared access(es) may be required by Collier County Transportation Staff as a condition of site development plan approval. Frontage, midpoint and/or reverse frontage (backside) interconnection(s) may be required by Collier County Transportation Staff as a condition of site development plan approval. Prior to development of any and all portion(s) of any and ail development(s), site development plan approval shall be obtained/received from Collier County Transportation Staff. eo If a gate is proposed at any and/or all development entrance(s) the gates shall be designed so as not to cause vehicles to be backed up onto any and all adjacent roadways. The following minimum requirements shall be: The minimum throat' depth from the nearest intersecting roadway edge of pavement shall be no less than a minimum of 100 feet to the key pad/phone box for the proposed gate(s). A turn-around area of sufficient width and inside turning radii shall be provided between the aforementioned key pad/phone box and" the proposed gate(s). R. The Tract 3, Multifamily Residential Area, shall not access to or from Treeline Drive. 6.9 PLANNING Ao 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. Furthermore, the procedures of Section 2.2.25.8.1 of the Land Development Code shall be followed. Sidewalks six feet in width shall be provided on both sides of local streets and shall connect on-site residential buildings to a sidewalk within a public roadway, or, if no sidewalk exists, it shall connect to the right-of-way line. Should a two-directional shared-use path be utilized, the minimum paved width shall be 10 feet. All sidewalks and. bike lanes shall be constructed in accordance with design specifications identified in Section 3.2.8.4.14 and Division 2.8, respectively, of the Land Development Code. If interconnections to existing and future developments are provided, the interconnection shall include sufficient right-of-way to accommodate the roadway, sidewalks, and bike lanes. Sidewalks and bike lanes shall be constructed concurrently with the roadway. Eo For multi-family tracts, sidewalks, six feet in width, must be provided on both sides of local streets within a dedicated public right-of-way or roadway easement. Where there is no public right-of-way or roadway easement, sidewalks must connect on-site residential building(s) to a sidewalk within a public roadway or, if no sidewalk exists, to the right-of-way line in accordance with Section 3.2.8.3.17 of the Land Development Code. Should a two-directional shared use path be utilized, the minimum paved width must be 10 feet. 6.10 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 Section Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the 17 plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Setbacks and buffers shall be provided in accordanbe with Section 3.2.8.4.7.3 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 the project's homeowners' association or like entity for ownership and maintenance responsibility and 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. 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 the wetlands. Where natural buffers are not possible, structural buffers shall be 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 the Current Planning Section Staff for review and approval prior to final site development plan/construction plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation/preservation areas. This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species on-site. The flow-way/cypress slough (FLUCCS Code 621) shall be preserved as shown on the PUD Master Plan. 6.11 FIRE All improvements shall be in accordance with all applicable fire code~ and ordinances. 18 EXHIBIT "A" 01~¥ iOiiUlpllll~I -I EXHIBIT "B" 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. 2003-30 Which was adopted by the Board of County Commissioners on the 24th day of June, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of July, 2003. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to County Commi s'si0~erS ~ By: Marie ~iog, Deputy Clerk ....