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Ordinance 97-49 ORDINANCE 97- 49 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 THE OFFICIAL ZONING ATLAS MAP NUMBERED GGE01 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NAPLES GATEWAY PUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD (C.R. 896), EAST OF LIVINGSTON ROAD, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13.45 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 85-29, AS AMENDED, THE FORMER NAPLES GATEWAY PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, R. Bruce Anderson of Young, van Assenderp and Varnadoe, P.A., representing Jim Colosimo, Trustee, 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; $~TION ONE~ The Zoning Classification of the herein described real property located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered GGE01, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO; Ordinance Number 85-29, as amended, known as the Naples Gateway PUD, adopted on June 18, 1985 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. -1- SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of [ .~.~' .-'i':' '~ll~.'!'~Z'l' '. ~'' COLLIER COUNTY, FLORIDA ~': ~~~ ~' ~. a. ~= /~'..'.=,".'.~,...." ~ TIM ANCOCK, Chairman Mar~ie M. Student [.{..:.. ..... .-.~ Assistant County Attorney ~ ~ ~F? f/~UD-85-19(1)ORDIN~CE/ O~ ~~ NAPLES GATEWAY PLANNED UNIT DEVELOPMENT Prepared for: The Naples Gateway Land Trust Prepared by: Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, FL 34102 · Young, VanAssenderp & Varnadoc 801 Laurel Oak Drive, Ste. 300 Naples, FL 34108 HMA File No. 96.63 Revised 10/13/97 December 23, 1996 Date Filed: Date Review by CCPC: Date Approved by BCC: 10/ Ordinance No: 97-49 WM TABLE OF CONTENTS Page SECTION I - Statement of Compliance 3 SECTION II - Property Ownership, Legal Description and Short Title 4 SECTION III - Statement of Intent and Project Description 5 SECTION IV - General Development Regulations 6 SECTION V - Permitted Uses &Dimensional Standards 11 SECTION VI - Transportation Requirements 14 SECTION VII - Utility and Engineering Requirements 15 SECTION VIII - Water Management Requirements 16 SECTION IX - Environmental Requirements 17 EXBIBITS A. PUD Master Plan B. Masonry Wall Detail SECTION I STATEMENT OF COMPLIANCE The development of 13.45 acres of property in Section 7, Township 49 South, Range 26 East, as a Planned Unit Development to be known as the NAPLES GATEWAY PUD will be in compliance with the planning goals and objectives of the Collier County Growth Management Plan for the following reasons: 1.1 The subject properly is located in an Interchange Activity Center as designated in the Future Land Use Element of the Collier County Growth Management Plan. 1.2 Activity Centers are the preferred locations for the concentration of commercial uses and permit the full array of such uses. 1.3 Improvements are planned to be in compliance with applicable land development regulations as set forth in O! :ective 3 of the Future Land Use Element. 1.4 The project will be served by a full range of services, including sewer and water by the County resulting in an efficient and economical expansion of facilities as required in Policies 3. ! H and 3.1L of the Future Land Use Element. 1.5 The project contains a mix of commercial uses combined with architectural controls and extensive screening and buffering that are designed to make the project compatible with and complementary to both nearby planned commercial and residential land uses, as required by Policy 5.4 of the Future Land Use Element. 1.6 All final local Development Orders for this project are subject to the Collier County Concurrency Management System as implemented by the Adequate Public Facilities Ordinance. SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE 2.1 PROPERTY OWNERSHIP The property is owned by the Naples Gateway Land Trust. 2.2 LEGAL DESCRIPTION Tracts 29, 44 and 45 Golden Gate Estates Unit No. 35 as reconied in Plat Book 7, Page 85 of the Public Records of Collier County, Florida LESS road Right-of-Way described in OR 866, Pages 1663 & 1664 and OR 901, Pages 304 & 305 of the Public Records of Collier County, Florida, containing 13.45 net acres more or less. 2.3 SHORT TITLE This ordinance shall be known and cited as the "NAPLES GATEWAY PLANNED UNIT DEVELOPMENT". SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3. I INTRODUCTION The developees intent is to establish a Planned Unit Development meeting or exceeding the applicable standards of the Collier County Land Development Code. It is the purpose of this document to set forth guidelines for future development of the project that meet accepted planning principles and practices, and to implement the Collier County Orowth Management Plan. 3.2 PROJECT DESCRIPTION The project is comprised of 13.45 acres. more or less, and is located on the north side of Pine Ridge Road. approxima,ely ore half mile to the east of Living-,~on Road. 3.3 LAND USE PLAN The project permits a range of commerfal uses to meet neighborhood shopping needs as well as the toototing public traveling to and from i-75. The PUD Master Plan depicts a vetland lm~serve area, internal circulation, open spaces, landscape buffer areas, and external access points. The PUD Master Plan is designed to be flexible inasmuch as the size and cord~gttration of commercial areas will not be finally determined until subdivision approval is obtained. 3.4 PROJECT PHASING The anticipated time for build-out of the entire project is six (6) years or by December 3 1, 2003. SECTION IV GENERAL DEVELOPMENT REGULATIONS 4.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, and the respective land uses. 4.2 GENERAL A. Regulations for development of the NAPLES GATEWAY PUD shall be in accordance with the contents of this document, PUD-P!anned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and the Growth Management Plan in effect at the time of issuance of any de,'~'lopment 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 Approval, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless othenvise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the NAPLES GATEWAY PUD shall become part of the regulations which govern the mam~er in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, other provisions of the Collier County Land Development Code, where applicable, remain in full force and efl~ct with respect to the development of the !and which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a Concurrency review under the provisions of Div. 3.15 of the Collier County Land Development Code at the earliest or next to occur of either Final Site Development Plan Approval, or building permit issuance applicable to this development. 4.3 SITE CLEARING AND DRAINAGE Clearing, grading and earthwork shall be in accordance with Section 3.2.8.3.6 of the Collier County Land Development Code, and site drainage work shall be in accordance with Section 3.2.8.3.7 of the Collier County Land Development Code. 4.4 EASEMENTS FOR UTILITIES Easements, where required, shall be provided for water management areas, conservation areas, utilities and other purposes as may be required by Collier County and other permitting agencies. All necessary easements, dedications or other instruments shall be granted to ensure continued operation and maintenance of all services and utilities, in compliance with applicable regulations in effect at the time approvals are requested. 4.5 AMENDMENTS TO THE MASTER PLAN The Master Plan is designed to be flexible with regard to the placement of buildings, the configuration of lots, the location of the internal circulation system, and water management facilities, as long as the final design complies with all the applicable portions of the PUD ordinance and the building heights and setbacks are the same as depicted on the PUD Master Plan for the proposed planned commercial development. The Planning Services Director shall be authorized to approve minor changes and refinements to the NAPLES GATEWAY Master Plan upon written request of the developer based on the above and the following, in addition to the standards provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. 1. To recon~gure lakes, wetland preserve areas, ponds, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights-of-way. 3. Recon~guration of the development envelopes where there is no encroachment into buffer areas and all pertinent setback requirements provided for in this ordinance are met. 4.6 PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A" of the PUD Master Plan. constitutes the required PUD Development Plan. Subsequent to PUD approval, a Preliminary SuMivision Plat shall be submitted for the entire area covered by the PUD Master Plan pursuant to the requirements of Division 3.2 of the Collier County Land Development Code. , The Site Development Plan for individual tracts shall be submitted and reviewed in accordance with all provisions of Div. 3.3, Site Development Plans of the Collier County Land Development Code, unless otherwise provided for within this PUD, and prior to the issuance of a building permit or other required development orders. 4.7 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling 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 permiued subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Sec. 3.5.5.1.3, Land Development Code, whereby off-site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. B. A timetable to facilitate said removal shall be submitted to the Planning Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All provisions of Sec. 3.5, Land Development Code ar~ applicable. 4.8 SUNSET AND MONITORING PROVISIONS The NAPLES GATEWAY PUD shall be subject to See. 2.7.3.4, of the Collier County Land Development Code. Time Limits for Approved PUD Master Plans and Sec. 2.7.3.6, Monj',oring Requirements. 4.9 POLLING PLACES Any community recreation/public building/public room located within the NAPLES GATEWAY PUD may be used for a polling place, if determined necessary by the Supervisor of Elections, in accordance with See. 2.6.30 of the Collier County Land Development Code. 4. l0 NATIVE VEGETATION RETENTION REQUIREMENTS The project shall preserve native habitat, in accordance with the provisions of Section 3.9.5, Vegetation Removal, Protection, and Preservation Standards, of the Collier County Land Development Code. 4.11 COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, preservation area.s, and the water management facilities shall be the responsibility of a property owners association. 4.12 ARCHITECTURAL STANDARDS All buildings, lighting, signage, landscaping and visible architecture 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 walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. All buildings shall be primarily finished in light colors with stucco except for decorative trim. All roofs must be tile or metal and shall be peaked. Decorative parapet walls shall be constructed above the roof lines on flat roofs, where tile or metal roofs are not feasible. A conceptual design master plan shall be submitted concurrent with the fir.~t application for Site Development Plan approval demonstrating compliance with these standards, including any applicable requirements of Division 2.8 of the Collier County Land Development Code pertaining to architectural and site design guidelines that may be in effect. 4.13 LANDSCAPING AND BUFFERING Landscaping and buffering shall be in accordance with Division 2.4 of the Collier County Land Development Code, including the following requirements: (1) A twenty (20) foot wide Type "D" Buffer shall be provided along Pine Ridge Road with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. (2) A ten (10) foot wide Type ",,C' Buffer shall be provided along the eastern/western PUD boundaries with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. (3) A twenty (20) foot wide Type "D" Buffer shall be provided along Livingston Woods Lane with more stringent screening than required in Section 2.4.7.4 of the Collier County Land Development Code. Trees shall be spaced a minimum of fifteen (15) feet on-center and a single row of shrubs shall be spaced a minimum of three (3) feet on-center, with both trees and shrubs located on the northern side of an eight (8) feet tall architecturally finished opaque masonry wall. Such wall shall have a common architectural theme with the other buildings and signage within the PUD, a.s described in Section 4.12 of this PUD Document, and be installed and maintained with the finished side out towards Livingston Woods Lane. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. This buffer shall be installed as a required improvement for the first Site Development Plan within the subject PUD. Additionally, along the southern side of the wall, there shall be planted at least forty-five (45) Red Maple trees, or similar species, that are at least eight (8) filet tall. (4) A five (5) foot wide buffer along both sides of the internal roadway shall be provided with trees spaced a minimum of twenty (20) feet on-center and a single row of shrubs spaced a minimum of three (3) feet on-center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. (5) Buffering between other internal parcels shall include a five (5) foot wide buffer along each parcel to be developed, with trees spaced a minimum of twenty (20) feet on-center and a single row of shrubs spaced a minimum of three (3) feet on-center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. (6) Required landscaping shall be maintained and, when it dies, such landscaping shall be replaced within ninety (90) days. 4.14 SOLID WASTE Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masomy wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.12 of this PUD Document. 4.15 LIGHTING Pole lighting shall be prohibited. Architecturally finished !ampposts not exceeding a height of twenty (20) feet shall be permitted on all lots fronting on Pine Ridge Road. Lampposts not exceeding a height of twelve (12) feet shall be permitted on lots abutting Livingston Woods Road. Lighting shall meet the architectural standards further described in Section 4.12 of this PUD Document. Lighting shall be designed so that glare does not extend off-site onto: 'aidentiai properties. 4.16 SIGNS Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code except pole signs, as described in Section 2.5.5.2.3. i shall not be permitted. Ground signs, as described in Section 2.5.5.2.3.1, shall be permitted but shall not exceed a maximum height of eight (8) feet. Signage shall also meet the architectural standards further described in Section 4.12 of this PUD document. 4.17 ARCHAEOLOGICAL RESOURCES Such resources shall be subject to the requirements of Section 2.2.25 of the Collier County Land Development Code. 10 SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS 5.1 PURPOSE The purpose of this Section is to identify permitted commercial uses and development standards for areas within the NAPLES GATEWAY PUD designated on Exhibit "A", PUD Master Plan. 5.2 GENERAL DESCRIPTION The land use acreage tabulations for the Naples Gateway are depicted on the PUD Master Plan. This acreage is based on conceptual designs and is subject to further refinement. Actual acreages for developmental and open space areas will be provided at the time of approval of the Preliminary Subdivision Plat. 5.3 PERMITTED USES AND S',R. UCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: I. Amusements and recreation services, indoor (groups 7911 except discotheques, 7929, 7991). 2. Apparel and accessory stores (groups 5611-5699). 3. Automotive dealers (groups 5511 and 5531) 4. Automotive repair, services, parking, car washes (groups 7514, 7515, 7542 except truck and bus washing and only in enclosed structures, 7521 except tow-in parking loB). 5. Drinking Places (group 5813) only in conjunction with eating places. 6. Drag Stores and proprietary stores ( group 5912). 7. Eating establishments (group 5812). 8. Food stores (groups 5411 including supermarkets but not convenience stores, 5421, 5431 except roadside sales -5499). 9. General merchandise stores (groups 5311-5399). 10. Health services (groups 8011-8049, 8082). 11. Home furniture, furnishing, and equipment stores (groups 5712-5736). II 12. Hotels and motels (group 701 i). 13. Depository and Nondepository credit institutions. (groups 6011-6099) 14. Profess,onal offices, Medical offices, and Management Consulting Services (groups g011, 8741-8748) 15. Personal services (groups 7215, 7217, 72 ! 9-7261 except crematories, 729 ! ). 16. Real estate (group 6531). 17. Any other convenience commercial use which is compatible in nature with the foregoing uses, including buildings for retail, service and office purposes consistent with the intent and purpose of this PUD. 5.4 USES ACCESSORY TO PERMITTED COMMERCIAL USES 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the Naples Gateway PUD. 5.5 DISTANCE REQUIREMENTS FOR FAST FOOD RESTAURANTS Fast food restaurants are prohibited within three hundred (300) feet of Livingston Woods Lane. Loud speakers and public address systems are also prohibited. 5.6 DIMENSIONAL STANDARDS The following development standards shall apply to permitted commercial uses in the Naples Gateway PUD. 1. Minimum Lot Area: Seventeen Thousand l:ive Hundred (17,500) Square Feet. 2. Minimum Lot Width: One Hundred (100) feet. , 3. Minimum Yard Requirements: a. Front Yard: Twenty Five (25) feet. b. Side Yard: Fifteen (15) feet. c. Rear Yard: Fifteen (15) feet, however. one (1) story structures adjacent to Livingston Woods Lane are required to be set back a minimum of: fifty (50) feet. Two (2) and three (3) story structures are required to be set back ninety (90) feet from Livingston Woods Lane. 4. Maximum Height: Three (3) stories not to exceed 35 feet. 12 5. Minimum Floor Area of Structures: One Thousand (1000) square feet of gross floor area. 6. Maximum Density: Twenty-six (26) units per acre for motels and hotels. 7. Minimum off-street parking and off-street loading: As required in Division 2.3 of the Collier County Land Development Code. 8. Distance between structures: The distance between any two principal structures shall be a minimum of twenty (20) feet or a distance equal to one-half the sum of their heights, whichever is greater. 9. Merchandise storage and display. There shall be no outside storage or display of merchandise. 13 SECTION VI TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the Project Developer. 6.1 The access points shown on the PUD Master Plan should be considered to be conceptual with respect to location along the project's frontage. The final location of any access shall be determined at the Site Development Plan stage and shall be consistent with all County Ordinances and regulations then in effect. 6.2 Any median opening or traffic signal, existing or proposed, shall be subject to the requirements of Collier County Resolution 92-422, the Access Management Policy. 6.3 The developer shall provide arterial level street lighting at each project entrance onto Pine Ridge Road. Said ir'.'~rovement shall be in place prior to the issuance of any Certificates of Occupancy. 6.4 The internal roadway design shall not permit traffic flow from the commercial area onto Livingston Woods Lane. 6.5 The petitioner shall provide a future vehicular cross-access easement to the abutting parcel to the east, prior to Final Site Development Plan Approval. This roadway easement shall be maintained and operated by the developer or his designee. 6.6 Each access point shall have a separate westbound right turn lane if it is to function as an entrance point. An exit-only will not require a turn lane. A continuous right turn lane along the property frontage will not be permitted. 6.7 When requested by the County, and subject to the approval of a Developer's Contribution Agreement for road impact fee credits for the fair market value of the dedication, pursuant to Ordinance 92-22, as amended, the developer shall dedicate up to twenty (20) feet of fight-of-way along the north side of Pine Ridge Road for future roadway, bike path and drainage improvements. Such dedication shall not be deducted from the PUD property for purposes of determining yards, lot area or lot dimensions as provided in Section 2.2.13 of the Collier County Land Development Code. This dedication shall occur at the earlier of either the developer's convenience or within one hundred and twenty (120) days of when requested by the County. 6.8 Pedestrian access shall be provided between all parcels and uses in the development, at the time of Final Site Development Plan approval for each individual tract. 6.9 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 l, ermitted to discharge directly into any roadway drainage system. 14 SECTION VII UTILITY AND ENGINEERING REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the Project Developer. 7.1 UTILITIES A. Potable water will be supplied by the County Water service system through an existing 12 inch main running east and west on the north side of Pine Ridge Road. All construction plans and technical specifications for the proposed project shall be reviewed and approved by the Planning Department, Engineering Review Services prior to commencement of construction. On site water mains shall be installed by the developer at no cost to the County and shall be Master Metered. All on site water mains shall be owned and maintained by the c~"veloper, his assigns or heirs. B. Connection to the County sewer system shall be to the County force main located on the south side of Pine Ridge Road, at no cost to the County. Sewage shall be pumped by an on-site station to the County system. All construction plans and technical specifications shall be approved by the Planning Department, Engineering Review Service, prior to construction. All on-site sewer including pump station and force main up to the tie in point shall be owned and maintained by the developer, his assigns or heirs. 7.2 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Planning Services Director for review. No construction pennits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Planning Services Director. B. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code, including those setforth in Division Three (3). C. The developer, and all successors in interest to the developer, are hereby placed on notice that they shall be required to satisfy the requirements of all County development ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a final or local development order. 15 SECTION VIII WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the Project Developer. 8.1 Detailed paving, grading and site drainage plans shall be submined to the Development Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordanc~ with the submitted plans is granted by Planning Services Director. 8.2 Design and construction of all improvements shall be subject to compliance with the appropriat~ provisions of the Collier County Land Development Code. 8.3 Landscaping shall not be placed within the water management areas unless specifically permitted by the Collier County Land Development Code. 8.4 An excavation permit shall be required for the proposed lake in accordance with Div. 3.5 of the Land Development Code and South Florida Water Management District Rules. 8.5 The subject property is currently under common ownership with the adjacent property to the west. Under this circumstance, a water management system may be shared with property to the west and the cypress area within this system as generally depicted on the PUD Master Plan, shall be preserved and enhanced. Alternatively, water management areas may be configured along the northern edge of the planned development. 16 SECTION IX ENVIRONMENTAL REQUIREMENTS The purpose of this section is to set forth the environmental requirements of the project developer. 9.1 The project shall meet all pertinent 14 environmental related requirements of the Collier County Growth Management Plan, including the Coastal Zone and Conservation Management Element, in effect at the time that requests are made for Site Development Plan approval. 9.2 A weftand preserve area is depicted on the PUD Master Plan. This wetland is under common ownership with the adjacent property to the west. The project's plan for development is to preserve this wetland area in its entirety and to enhance it with shared water management betwee~ ",he two properties. 9.3 Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional weftands. 9.4 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 covenemts per or similar to Section 704.06 of the Florida Statutes. 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 Florida Statutes Section 704.06. 9.5 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 Review Staff for review and approval prior to final site plan/construction plan approval. 9.6 Proof of ownership for the adjoining property to the west shall be provided to Current Planning Review Staff prior to Final Site Plan Approval. 17 '.~ - FAST FOOD RESTAURANTS PROHIBITED. LAKE ~ZE: IN THIS PARCEL TO BE DETERMINED AT DESIGN PHASE: FOR THIS PARCEL WATER MANAGE]dENT BERM MAY BE LOCATED IN OFI~IE Fr.~,~ENT ~ 20' BUFFER & 8' WALL SCALE: 1' = 200' 1 O' BUFFER SHARED ACCESS MTH ADJACENT 20' BUFFER SITE SUMMARY - 13.4.5 ACRES:l: PAVEMENT & BUILDING AREA - 9.45 ACRES:I:: LAKES, YiE'I'LANDS AND BUFFER ZONES - 4.00 ACRES:t:: OPEN SPACE " ~ ~'l~~l'~k ...... ~.,-..~.~_~. ,u,~v~o,~ MASTER ~---'-~-~'~ 1 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. 97-49 Which was adopted by the Board of County Commissioners on the 14th of October, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of October, 1997. DWIGHT E. BROCK o Clerk of Courts and Clerk Ex-officio to Board of s/Susan Bar e Deputy Clerk. "'~ / ;...' ~'v~ ~%~"