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Ordinance 2003-41ORDINANCE NO. 03- 41 AN ORDINANCE AMENDING ORDINANCE NUMBER 91- 102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING ]'FIE OFFICIAL ZONING ATLAS MAP NUMBERED 9501S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "LONGVIEW CENTER" PUD LOCATED AT THE NORTHEAST AND SOUTHEAST CORNER OF AIRPORT-PULLING ROAD (C.R.#31) AND ORANGE BLOSSOM ROAD, IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 14.73+_ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop, of PMS Inc. of Naples., representing John A. Pulling Jr., and Lucy G. Finch, 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: Tile zoning classification of the herein described real property located in Section 1, Township 49 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Longview Center PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9501S, as described in Ordinance Number 91-102, tile 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 I~ day of ~}:0_X' ,2003. ! ATTEST: DWIGiI:TE. Attest)'.,,'to Approve, ag to~9~ and Lega'l~.Qff~eibney Maoor0M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO UN~/~LOR~/ . This ordinance filed with the _aarYof State's Office the yof~ ~ and acknowledgement of that filino received this ~ day PU DZ-2002-A R-2863/FIUIo LONGVIEW CENTER A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE LONGVIEW CENTER, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Alec Pulling c/o Karen Bishop PMS, Inc. of Naples 2335 N. Tamiami Trail, Suite 408 Naples, FL 34103 PREPARED BY: VanasseDaylor 12730 New Brittany Blvd., Suite 600 Fort Myers, FL 33908 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL q-q-os OS-ql - EXHIBIT "A" List of Exhibits Statement of Compliance Section 1 Section 2 Section 3 Section 4 Section 5 TABLE OF CONTENTS Legal Description, Property Ownership, General Description and Short Title Project Development Requirements Mixed Land Use District and Development Standards Common Areas and Amenities Development Commitment Page # 1 4 7 11 13 STATEMENT OF COMPLIANCE The development of approximately 14.74 acres, more or less, of property in Collier County, as a mixed use Planned Unit Development (PUD) to be hereinafter referred to as the Longview Center PUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). All of the land uses and special application of development standards and design guidelines enumerated in the Future Land Use Element (FLUE) relative to the Orange Blossom Mixed-Use Subdistrict shall be in compliance with those stated provisions and in compliance with other applicable elements of the GMP. Compliance with goals, objectives and policies is achieved in the following manner: Mixed-Use Pro, iect The subject property is located within the Orange Blossom Mixed-Use Subdistrict. This Subdistrict provides for a specific distribution of land uses and requires a percentage of the allowable base density residential component to be in place prior to non-residential development reaching a certain threshold. The PUD has been crafted to include these provisions and is therefore in compliance with Objective 1, Policy 5.1 and 5.3 specifically of the FLUE. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity and density as required by Objective 2, and Policy 5.5 of the FLUE. 3. The project's mixed-use composition is compatible and complimentary to existing and future surrounding land uses as required by Policy 5.4 of the FLUE. 4. Proposed improvements utilizing best land use planning practices are planned to be in compliance with Objective 3 of the FLUE. The project will be connected to the County's utility system (.i.e., sewer and water) and is therefore consistent with Objective !.5, Policies 1.5.1 and 1.5.2 of the Sanitary Sewer and Potable Water Sub Elements of the GMP. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub Element. 7. At the time of development, the project will be consistent with Policy 1.3 of the Transportation Element. Airport Road is a six-lane facility and is not expected to o function below the adopted level of service required to meet concurrency requirements, nevertheless development of the subject land remains subject to concurrency requirements throughout its construction phases. In all other aspects, the project development as regulated by provisions of the PUD document shall be in compliance with applicable elements of the GMP. The projected intensity and density of the mixed-use project is in compliance with the FLUE based on the following relationships to required criteria: Criteria Max. Intensity/Density Proposed Intensity/Density Base density (4 DU/A) 59 dwelling units * 15 dwelling units Retail 5,000 square feet/acre 73,500 square feet 73,500 square feet Office 7,000 square feet/acre 101,000 square feet 70,000 square feet All other required design elements and criteria of the Orange Blossom Mixed-Use Subdistrict have been included in Section 3 of the PUD Document or otherwise illustrated on the Master Plan. *Note: Minimum allowable number of dwelling units is equal to 25% of the number of dwelling units allowed under the density rating system which allows a total of 59 dwelling units. 1.1 PURPOSE SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 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 to be developed pursuant to the regulations and other development provisions herein contained within this PUD Document. 1.2 LEGAL DESCRIPTION The Southwest quarter of the Northwest quarter of the Southwest quarter of Section 1, Township 49 South, Range 25 East, Collier County, Florida,less the North 30 feet and West 100 feet thereof, both of which are reserved for road right-of-way and also the right-of-way easement described as follows: The North 30 feet of the Southwest quarter of the Northwest quarter of the Southwest quarter and also the South 30 feet of the South one-half of the Northwest quarter of the Northwest quarter of the Southwest quarter all being in Section 1, Township 49 South, Range 25 East, and also the South one-half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 1, township 49, South, Range 25 East, less the South 30 feet and the West 100 feet for road purposes. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of John A. Pulling, Jr., and Lucy G. Finch, 868 5th Avenue South, Naples, Florida, 34102. Through this common ownership of the subject land, a unified and integrated plan of development has been designed to achieve the development criteria set forth by the Orange Blossom Mixed-Use Subdistrict of the FLUE of the GMP. 1.4 GENERAL DESCRIPTION OF SUBJECT PROPERTY The project is located in the Northeast (4.77 ac.) and Southeast (9.97 ac.) corners of Airport-Pulling and Orange Blossom Roads having some 1,125 linear feet of frontage on Airport Road, of which, 360 linear feet lie north of Airport Road and 760 linear feet lie south of Airport Road. Generally, the depth is 560 linear feet. B. The zoning classification of the subject property prior to the date of this approved PUD Document was Rural Agricultural. 1.5 PHYSICAL DESCRIPTION Elevations within the project site range from 11.4 to 12.6 feet above mean sea level. Most of the site is more than 12 feet above mean sea level. The entire site is in Flood Zone X according to the Firm Map panel 120067-0385D. The vast majority of the site is designated with FLUCCS Codes 241 (Tree Nursery) or 243 (Ornamentals Nursery). Because of the intensive management associated with these uses, this site is not suitable for any listed plant or animal species. The only water body is a borrow area located in the northeast portion of the northeast parcel. 1.6 PROJECT DESCRIPTION The Longview Center PUD shall consist of a mixed-use development of commercial (retail, service and offices) and residential uses with design and use limitations required by the Orange Blossom Mixed-Use Subdistrict of the FLUE of the GMP. 1.7 SHORT TITLE This Ordinance shall be known and cited as the Longview Center Planned Unit Development Ordinance. 4 SECTION 2 PROJECT DEVELOPMENT REQUIREMENTS 2.1 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. 2.2 GENERAL mo Regulations for development for the Longview Center 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 (LDC) and GMP in effect at the time of a building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County LDC shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the Longview Center PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of other portions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Eo 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. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES mo The project Master Plan, including schematic layout of automobile and pedestrian access ways and land uses by various tracts, is illustrated graphically by Exhibit "A", PUD Master Development: Plan. Representations of building footprints and access ways are intended to illustrate a clustering concept and one in keeping with the development criteria contained in the Orange Blossom Mixed-Use Subdistrict. 2.4 DESCRIPTION OF PROJECT DENSITY AND INTENSITY OF LAND USE A mixed-use development including a residential component and mixed commercial uses are design components of the PUD and Master Plan as required by provisions of the Orange Blossom Mixed-Use Subdistrict of the FLUE of the GMP. A minimum of 15 residential dwelling units shall be constructed above the first floor of commercial buildings or in freestanding buildings. A maximum of 73,500 square feet of mixed retail and service uses and a maximum of 70,000 square feet of medical and/or general office space as described in Section 3.3 will occupy the site generally as depicted on Exhibit "A" of the PUD Master Plan. Design elements include: a common architectural theme and a pedestrian friendly clustered design. Sidewalks and access drives will extend to the boundaries of the Longview Center PUD in anticipation of said interconnections from adjacent developments. 2.5 RELATED PROJECT APPROVAL REQUIREMENTS mo Prior to the recording of a record plat, and/or condominium plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, Division 3.2 of the LDC and the platting laws of the State of Florida. Bo Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with, PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the LDC, and the platting laws of the State of Florida. Co The provisions of Division 3.3 of the LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. The development of any tract or parcel approved for residential development in the form of fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a preliminary subdivision plat in conformance with requirements of Division 3.2 of the LDC prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. mo Appropriate instruments will be provided improvements regarding any dedications perpetual maintenance of common facilities at the time of infrastructural and method for providing 6 2.6 MODEL SALES FACILITIES Model dwelling units not to exceed three and a development sales office with product display spaces shall be permitted in conjunction with the marketing of retail and/or service and/or office spaces and dwelling units. Model spaces used for marketing the sale of dwelling units or commercial space shall continue until 80% of project dwelling units or commercial space is sold but not to exceed five years from the date of issuance of a temporary use permit. Thereafter, continuance of the model uses shall be subject to a conditional use permit. Portions of the site shall be permitted to obtain a temporary certificate of occupancy while construction continues on other portions. 2.7 AMENDMENTS TO PUD DOCUMENT OR MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the LDC. Deviation from illustrative footprints and access ways is not to be construed as an amendment to the Master Plan so long as the general intent of a clustering concept is retained and the design and development criteria of the Orange Blossom Mixed- Use Subdistrict of the FLUE of the GMP are met. 2.8 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of Section 2.2.20.3.8 of the LDC. 7 SECTION 3 MIXED-USE LAND USE DISTRICT AND DEVELOPMENT STANDARDS 3.1 PURPOSE AND INTENT The purpose and intent of this Section is to allow for limited retail, office and residential uses, all in concert and compatible with one another to bring about a mixed unified plan of development. The development shall reflect a village-like atmosphere. This shall be accomplished through a common architectural theme and buildings that promote a low impact intensity project that is compatible with both on-site and nearby residential communities. Commercial uses are generally those permitted in the C-1 through C-3 zoning districts with exception of those C-2 and C-3 uses that clearly require a regional market. 3.2 MAXIMUM DENSITY AND INTENSITY OF DEVELOPMENT Residential component--The maximum number .of dwelling units is 15. A minimum of 15 dwellings shall be constructed on or before the issuance of certificates of occupancy or certificates of completion for 40,000 square feet of retail or office space. Commercial component--Up to 73,500 square feet of mixed commercial uses including both retail and service uses, and up to 70,000 square feet of office uses, both medical and general, shall be permitted in accordance with the list of permitted uses identified below. 3.3 USES PERMITYED No building or structure or part thereof, shall be erected or used, or land used, in whole or in part, for other than the following. A. Principal Uses: (1) Multi-family dwelling units above commercial uses or in stand-alone buildings. (2) Unless otherwise provided for in this Section, all permitted and conditional uses of the C-1 commercial professional and general office zoning district and C-2 commercial conveni'ence zoning district in effect as of the date of adoption of this PUD rezone with the exception of gasoline service stations (SIC# 5541) and C-3 8 commercial intermediate zoning district with the exception of marinas (SIC# 4493), automotive services (SIC# 7549), homeless shelters, hospitals (SIC group# 8062-8069), soup kitchens, vocational schools (sic groups# 8243-8299), group care facilities, churches and other places of worship. (3) Amusement and recreation services, indoor (SIC# 7922), community theaters only. (4) Building materials, hardware and garden supplies (SIC group# 5231- 5261), subject to Section 3.4 .H.4 of this document. B. Accessory Uses: (1) (2) (3) (4) (5) (6) (7) Parking lots and structures Project signage pursuant to Division 2.5 of the LDC Essential services as defined in Section 2.6.9 of the LDC Kiosks as part of streetscape and landscape plans Temporary events on common elements subject to a temporary use permit Water management facilities Landscape and pedestrian rest areas 3.4 DEVELOPMENT STANDARDS All interior spaces will be private spaces intended to maximize a cluster development, accordingly no specific setback or orientation of buildings to one another, or relationship to access drives by a dimensional standard shall be required. Spatial relationships to access drives and between buildings shall be determined at the time of site development plan approval subject to the provisions of Division 3.3 of the LDC. mo PUD Perimeter Boundary And Internal Road Set Back Requirements (1) From Airport-Pulling Road Canal Easement: Twenty (20) feet. (2) From Orange Blossom Drive: Twenty-five (25) feet (3) All other boundaries: Twenty (20) feet, except adjacent to the Lone Oak PUD.' Twenty-five (25) feet for one and two story structures and eighty (80) feet for three story structures. (4) Minimum distance between structures--0.5 times the sum of the building heights with a minimum of 15 feet. (5) From internal roads: Zero (0) feet. B. Building Height (1) Maximum building height shall be three floors with a maximum of 40 feet. Understory parking, if utilized, shall count as one floor. C. Lot Coverage Do Eo Fo (1) The maximum lot coverage by all buildings shall not exceed 17.5%. Off-Street Parking and Loading: As required by Division 2.3 of the LDC. Cross-access easements or shared parking commitments will be required if separately owned tracts are established, so that all parking facilities serve as a common facility. Landscaping--Along Airport-Pulling Road and Orange Blossom Drive, a twenty (20) foot Type D buffer shall be required. A twenty-five (25) foot buffer shall be required adjacent to the Lone Oak PUD in the manner illustrated by the Master Plan Buffer Detail. A twenty (20) foot Type C buffer is required along all other boundary lines. Landscaping along the common boundary line with the Lone Oak PUD shall provide a vegetative screen as depicted on the PUD Master Plan. Landscape buffer requirements shall otherwise be consistent with applicable provisions of the LDC. Signs--As required by Division 2.5 of the LDC. Garbage Dumpsters--No garbage dumpster or compactor shall be located within 80 feet of the common boundary line with the Lone Oaks PUD. H. Design Features (1) Primary pedestrian access to building spaces shall be from interior access roads or drives. Secondary pedestrian accesses may be allowed for buildings facing Airport-Pulling Road. (2) All buildings shall be connected with pedestrian features. (3) All building faqades shall be representative of a common architectural theme consistent with the requirements of Section 2.8 of the LDC in effect at the time of site development plan approval. These requirements shall apply to all four sides of each building. (4) The maximum area of a building footprint is 5,000 square feet. Common stairs, breezeways or elevators may join individual buildings. (5) Off-street parking areas shall be screened from Airport-Pulling and Orange Blossom Roads with a vegetative screen, wall, or 10 combination of both, at a minimum height four (4) feet. A maximum of 25 percent of the build-out total square footage shall be devoted to single story buildings. (6) Residential units may be located on both the north and south side of Orange Blossom Drive. (7) Integration of residential and office or retail uses in the same building is encouraged. (8) Drive-through establishments shall be limited to banks with no more than 3 lanes. The drive-through portion of the structure shall be architecturally integrated into the main building. (9) Pedestrian interconnections with adjoining properties shall be provided at the time of site development plan approval upon agreement with said adjoining property owners that the pedestrian interconnection will be extended to allow pedestrian travel in both directions. ll 4.1 PURPOSE SECTION 4 COMMON AREAS AND AMENITIES The purpose of this Section is to identify land areas that will be set aside as common space to serve both project residents, employees, and the general public and further prescribe the allowable uses and development standards. The primary purpose and function of these areas is to provide aesthetically pleasing areas that will provide opportunities for community events, encourage a sense of community between project residents, employees and public users, and provide spaces for entertainment and relaxation. 4.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: Principal Uses: 1) Lakes or other sculpted water bodies. 2) Kiosks. 3) Water fountain, street sculpture, street furniture. 4) Band shell/stage. 5) Clock tower. 6) Bocce, shuffleboard, lawn bowling courts and other types of similar recreational amenities. 4.3 DEVELOPMENT REGULATIONS mo Co All common area improvements shall be complimentary to the common architectural theme of the buildings, including landscaping, enclosures for recreational or amenity structures, location of access streets, open spaces or other common activity areas to residential and commercial land uses. Recreational or activity areas (i.e. kiosk, bocce court) shall not be located within fifty feet (50') of the east boundary. Lighting facilities in connection with open and/or recreation areas shall be arranged in a manner that ghall not cause a glare or other interference to adjoining residential areas or any public street. All improvements to common open space areas shall be subject to the requirements of Section 3.3, Site Development Plans, of the LDC. 12 SECTION 5 DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans,, final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the LDC shall apply to this project even if the land within the PUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the Master Plan and the regulations of the PUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. The developer, its successors or assignee in title, are bound by the commitments within this Document. 5.3 PUD MASTER PLAN mo Exhibit A, PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed internal tract, 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 application. Subject to the provisions of Section 2.7.3.5 of the LDC, 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. 13 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISIONS There is no time frame for initiating project improvement except that development of a portion of the approved project is expected to begin within one year of the rezoning approval. The PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Collier County LDC. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 5.5 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICE/REGULATIONS The Longview Center PUD shall incorporate a village-like design in which associated automobile parking areas shall be located external to the building clusters. Access to the building clusters shall be limited to pedestrian walkways and a pedestrian common open space corridor of irregular linear function and design. No portion of the property is to be platted, therefore, Division 3.2 of the LDC does not apply, except as otherwise provided by Division 3.3 of the LDC. All requirements relative to design and infrastructure improvements remain applicable, as provided by the LDC, specifically that surfaces of vehicular access ways may be constructed of brick pavers or other decorative material, and access way cross sections may differ from those indicated in Appendix "B" of the LDC, Typical Street Sections and Right of Way Design Standards, so long as construction standards and materials employed are consistent with Subsection 3.2.8.4 of the LDC, Design Requirements. 5.6 TRANSPORTATION The development of the land within this PUD shall be subject to and governed by the following conditions: 1. Sidewalks, a minimum of five (5) feet in width, shall be constructed along the western property line. If an easement is obtained from the South Florida Water Management District (SFWMD) Big Cypress Basin Board, the sidewalk shall be provided on the east side of the Airport-Pulling Road Canal right-of-way. Sidewalks, a minimum of five (5) feet 'in width, shall be constructed along both sides of Orange Blossom Drive. Internal sidewalks 14 shall extend to all interconnection points with adjacent developments, subject to the requirements of Section 3.4.H. of this Document. 5.7 ENVIRONMENTAL The development of the land within this PUD shall be subject to and governed by the following conditions: All provisions of the GMP, Conservation and Coastal Management Element, and the LDC in effect at the time of final development order approval shall apply. Bo An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas shall be submitted prior to final plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above plan. Co Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Environmental Services Staff. D. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Eo All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted to the Environmental Services Director prior to final plat/construction plan approval. F. A minimum of 15 percent preservation/mitigation of existing vegetation on-site shall be required. 5.8 WATER MANAGEMENT The development of the land within this PUD shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until the Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. 15 5.9 UTILITIES The development of the land Within this PUD shall be subject to and governed by the following conditions: mo Water distribution and sewage collection and transmission facilities to serve the project shall be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance Number 01-57, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. 5.10 COMMUNITY FACILITIES The development of the land within this PUD shall be subject to community facility improvements under the following conditions: A. Recreational and/or leisure space improvements will be constructed in the common areas for the use of project residents and the commercial patrons of the project. 5.11 POLLING PLACES Pursuant to Section 2.6.30 of the LDC, pr6vision shall be made for the future use of common area building space to accommodate an electoral polling place. An Agreement shall be recorded in the Official Records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all future owners of the building in which the polling place is to be located including, but not limited to, condominium associations, homeowners' associations, or tenants' associations. The Agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place, if determined to be necessary by the Supervisor of Elections. 16 L II il I EXHIBIT "A" 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 and correct copy of: ORDINANCE 2003-41 Which was adopted by the Board of County Commissioners on the 9th day of September, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of September, 2003. DWIGHT E. BROCK· Clerk of Courts Ex-officio to County Commis ~loRers By: Depugy Clerk