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Ordinance 95-45 "' ~ IllClerk · ~ Board ORDItlANCE 95-~ AN ORDItlANC~ ~ENDING ORDINANCE M~BER 91-~02, ~{E COLLIER COUNTY LAND D~E~PMENT CODE, ~ICH INCLUDES THE COMPREH~SIVE ZONI~G REGULATIONS FOR THE UNINCORPO~TED AREA OF COLLIER COUNTY, F~RIDA, BY ~ENDI~G THE OFFICIAL ZONING AT~S ~P(S) ~B~ED 8522N AND S522S BY ~ANGIN~ ~E ZONIN~ C~SSIFICATION OF THE H~EIN DESCRIBED REAL PROP~TY FROM "PUD" TO "PUD" P~NNED ~IT D~E~PMENT KNO~ AS ~E NOR~ NAPLES MEDICAL PARK PUD, FOR PROP~ ~CATED ON ~E NOR~ SIDE OF I~OKALEE ROAD, I~EDIATELY EAST OF THE NORTH COLLIER COMITY HOSPITAL, IN SE~IONS 22 AND 23, TO~SHIP 48 SOUTH, ~NGE 25 EAST, COLLI~ COU~TY, FLORIDA, CONSISTING OF 18.7~ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE N~BER 90-77, AS ~ENDED, THE FOYER NORTH ~APLES MEDICAL PARK PUD; AND BY PROVIDI~G AN EFFE~IVE DATE · WHEREAS, Larry H. Ray, of Naples Community Hospital, Inc., 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 COMMISSIONFRS OF COLLIER COMITY, FLORIDA; The Zoning Classification of the herein described real property located in Sections 22 and 23, Township 48 South, Range 25 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(s) Numbered 8522N and 8522S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO; Ordinance Number 90-77, as amended, known as the North Naples Medical Park PUD, adopted on october 9, 1990, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. This Ordinance shall become effective upon filing with the Oepartment of State. PASSED ANO DULY AEN3PTED by the Board of County Commissioners of Collier County, Florida, this <).ri day of .~//,,:,,,." , 1995. J ATTEST: ' BOARD OF COUNTY COP~4ISSIONERS DWIGHT E.' BROCK ,' .. CLERK COLLIER COUNTY, FLORIDA · ' · T~.I/' '...- ' TTY , A~'P.OVED ^S 'TO, YORN LEGAL" SUFFICIENCY ~~. STUOENT ASSISTANT COUNTY ATTORNEY PUD-90-10(1) ORDINANCE/lgk/13984 -2- PLANNED D~'IT DEVELOPN[E~7 D 0 CD~IZ~7 FOR NORTH NAPLES t~[EDICAL PAR/{ PUD OaxazsAu PREPARED BY: GEORGE L. VARNADOE, ESQUIRE Young, van Assenderp, Varncdoe & Benton, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 33963 (813) 597-2814 and ALAN D. REYNOLDS, AICP, Project Manager MICHELLE It. TANNER, Land Planner 5'f~:P. Ii~N.A- MEANS, FE, .Project Engineer · ..W'H30N, iVHT.LER, BARTON & PEEK, INC. · Englne~s,'Planners & Land Surveyors · Wilson Professional Center, Suite 200 3200 Bailey Lane at Airport-Road Naples, Florida 33942 AMENDMENTS BY: Communtclt Health Care. Inc. P, O. Box 727 Naples~ Florlaa 33939-0727 date Filed: 02/14/90 Amended Date Amended: 10109 190 ""7"CC~C Approval Date: Q,~120[90 . J BCC Approval Date: 1Q/09/90 Ordinance 1Io.: .. ~T45 :-: r,:'.. '.-,,.:-.---:.: - ....'-":-.~.:e--.:C- ......"' "~"'~ :' '' '.'..~L:?j"-i'?.'.'".'.-:~.~; NAPLES F, ZDICAL PARK PUD TABLE OF CONT~I~T~ STATEFCENT OF COKI~LIA~CE & SHORT TITLE iii SECTIOH I PROPERTY OWNERSHIP & GENERAL DESCRIFTION SECTION II PROJECT DEVEL0~ SECTI0~ III GDFERAL DEVELOP}TLV~ REGULATIONS 3-~1 SECTION IV GENKRAL DEVELOFHZ~T COH2~IT~ENTS 4-1 -i- mmmmm EXHIBIT A PD13 Master Plan (Wilson, Miller, Barton and Peek, Inc., File #RZ-ISTa) D~{IBIT E Legal Description -ii- STaTeMENT OF COMPLIANCE The development of approximately ~18.7 acres of property in Sections 22 and 23, Township 48 South, Range 25 East, Collier County, Florida, as a Planned Unit Development to be known as North Naples Medical Park, will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The project development of North Naples Medical Par~ PUD will be consistent with the growth policies, land development regulations and applicable Growth Managemen. t Plan · documents for the following reasons~ 1) The project development is compatible with and complementary to the surrounding land uses based on the location and range of development standards proposed. 2) Improvements are planned to be in compliance with applicable regulations. 3) Arterial roadways are in existence adjacent to the property and the number of egress and ingress points are controlled to minimize the number of conflicting turning movements. 4) The property is located within 1/4 mile of the North Collier Health Center and the approved site for the North Naples branch of Naples Community Hospital which makes the project in compliance with the Future Land Use Element of the Growth Management Plan. 5) The necessary facilities at the requisite levels of service have been planned or committed by the County to address the impacts of this development. ~MORT TITLE This Ordinance shall be known and cited as "NORTH NAPLES MEDICAL PI~" PUD Ordinance. SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.01 I}FTRODUCTION AND PUR~OS~ It is the inten= of the Owner (hereinafter called "Developer") to establish and develop a Planned Unit Development (PUD} on approximately 18.7 acres of propert}, located on the north side of Immokalee Road (C.R. 846), i~=nediately east of the existing Nornh Collier Health Center, in Collier County, Florida. It is the [urpose of this document to provide the required standards and Co set forth guidelines for the future develolment of the property =o insure for the harmonious and compatible management of s=ructures both internal and external to the proposed project. 1.02 LEGAL DESCRIPTION See attached Exhibit "E". 1.03 TITLE OF PROPERTY The subject property is currently under the unified control of Cc.~.unity Health Care, Inc., P.O. Box 727, Naples, Florida, 33939. 1.04 CURRENT ZONING The Property is currently zoned PUD, Planned Unit Development. 1-1 SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE The purpose of this Section is to generally describe the plan of development and delineate the general conditions that will apply to the project. 2.02 COMPLIANCE WIT~APPLICABLE ORDINANCES The project is planned to be in compliance with the Collier County Growth Management Plan and land development re~lations in existence at the time of the approval of this PUD, except as provided herein. In the event that specific standards are not contained herein to govern the proposed development, the applicable standards of the Collier County land development regulations shall control. 2.03 ~ A. Section 2.09 of this Document, Land Use Schedule, indicates the intended land use types with approximate acreage and total square footage. The PUD MASTER PLAN iljustrates land use types for development of the subject property. Final design and layout of buildings may be refined, subject to all County and other governmental approvals, to meet the needs of future owners/developers, to meet market conditions, or to coordinate plan~ for the development of adjoining properties as long as the overall intent of the PUDMaster Plan is mec and subject to the provisions of the Section 2.7.3.5 of the Collier County Land Development Code. Some refinements in acreage shall be permitted at final design, subject to all County and other governmental approvals, to accofl~nodate vegetation, encroachments, utilities, topography, and site conditions, subject to a determination by the Development Services Director that the refinement does not meet the requirements of Section 2.7.3.5.. In addition, without the necessity of amending this PUD, refinements of the developable area shall be permitted to accommodate changes required by environmental permitting agencies or during the County Site Development Plan/Preliminary Subdivision Plat approval process as set forth above. Specific size and location of individual parcels' and the assignment of square footage thereto shall be determined at the time of Preliminary Subdivision Plat, Construction Plans and Final Plat. B. Individual parcels are permitted to have a maximum building floor area (gross leasable floor area) square footage based on a ,35 area ratio (FAR). Building floor area (gross leasable floor area) for the combined ten (10) parcels shall not exceed 150,000 square feet. For the ~urpose of the floor area ration (FAR) calculation, parcel area consists of the area within platted parcel boundaries. Parcel area for parcels adjacent Collier County for future Immokalee Road right-of-way in addition to the area within platted parcel boundaries. 2.04 PRELIMINARY SUBDIVISION PLAT APPROVAL A. The developer of the project shall obtain Preliminary Subdivision Plat approval for the project in accordance with applicable Collier County regulations. 2.05 SITE DEVELOPMENT PLAN APPROVAL A. The developer of any platted tract or platted parcel shall obtain Site Development Plan Approval, in accordance with Division 3.3 of the Collier County Land Development Code. 2.06 The lake setback requirements described in Division 3.5 of the Land Development Code are applicable, except as noted herein: 25 feet minimum from western property boundary to top of bank; notwithstanding the provisions of paragraph 2.03. 40 feet minimum from back of curb of Immokalee Road and internal road to lake control elevation providing the requirements of the County' s lake setback curves area adhered tO and appropriate barriers are provided. Additionally, off-site removal shall be limited to 10% of the total excavated volume to a maximum of 20,000 cubic yards. If the developer wishes to exceed these limits, approval of a C~nmercial Excavation Permit application is required. The lake adjacent to Immokalee Road at the project entrance may be located as shown or on parcel 4 with a minimum setback of 25' from the property line. 2-2 2.07 PRCUECTACCESS It iS the intent of the Developer to provide a single access to the project from Immokalee Road. However, in the event that the Developer cannot obtain the necessary permits co construct a road crossing of the north/south tributary of the Cocohatches River, a second access shall be provided, Both accesses are indicated on the PUD Master Plan (Exhibit "A"). The location of this access poinn in relation to the Collier Health Center PUD access point shall be in full compliance with the County Subdivision Regulations, 2.08 J;;Z2JlZJ_~L~.]L(~ A minimum of thirty percent (30%) of the proJect's gross area shall be devoted to usable open space in accordance with Section 2.6.32 of the Collier County Land Development Code. This requirement shall not apply to individual development parcels. In addition, this project shall comply with Division 3.9 of the Collier Land DevelolTment Code. 2.09 LAND USE SCHEDULE La~ APPROXIMATE ACREAGE** MAXIMUM SOUAREFfX)TAGE Parcel Area 10.5' 150,000 Lake Area 1.4 Cocohatchee River 2.0 Park/Open Space 1.8 Internal Street 1.9 Future Immokalee Road Right-of-Way 1.1 TOTAL 18.7 150,000 · Parcel area includes 0.6 acre+ of Park/Open Space and 1.0 acre+ of Cocohatches River · , All acreages are approximate and subject to change. 2-3 # 2,10 DEVELOPMENT SEOUENCE Ab~ SCHEDULE The applicant has not set "stages" for the development of ~he property. Since the property is to be developed over an estimated nine-year-time period, any projection of project development can be no more than an estimate and may, of course, change depending upon future economic factors. 2.11 yASEMENTS FOR D'TILITIMS Easements shall be provided for water management areas, utilities, and other purposes as may be needed. Said easements and improvements shall be done in substantial compliance with the Collier County Land Development Code in effect at the ~ime a permit is requested or required. All-necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial c~mpliance with applicable regulations in effect at the time approvals are requested. 2-4 SECTION III GENERAL DEVELOPMENT REGULATIONS 3.01 PURPOSE The purpose of this Section is to set forth the regulations for the PUD Master Plan, Exhibit "A". 3.02 PE~TTTE'D USES AND STRUCTURE~ A. Permitted Principal Uses and Structures 1. Adult congregate living facilities in accordance with the Future Land Use Element of the Growth Management Plan and applicable regulations in effect at the time approvals are requested. 2. Essential services; interim sewage/waste treatment facilities. 3. Health Services (Groups 8011-8099) Tracts 6, 7, 8 and 9, except 8063 and 8069 and 8093, which may be conditionally allowed subject to Section 2.7.4 of the Land Development Code. 4. Health Services (Groups 8011-8099, except 8062, 8063 and 8069 and 8093 Tracts 1, 2, 3, 4, 5 and 10, except as otherwise provided. 5. Project sales and administrative offices for those parcels comprising North Naples Medical Park PUD. 6. Recreational facilities including pedestrian pathways, picnic areas, etc. 7. other uses or services which are comparable to, compatible with, or ancillary to the above-listed uses, as determined by the Development Services Director. 8. Earthmining (to be permitted only in conjunction with lake siting as described in Section 2.06 of the PUD Document). B. Permitted Accessory Uses and Structures 1. Restaurant and/or cafeteria for common use of residents, employees, and clients. The restaurant and/or cafeteria shall be an integral part of the principal structure. Furthermore, this use shall be clearly accessory to the principal use. 2. Day care centers (both child and adult), at such time as this use is in compliance with the Growth Management Plan, this use will be a permitted principal use. 3. Any other use which is customarily associated with any accessory to the above-listed principal uses and structures, as determined by the Planning Service Manager. C. Conditional Uses 1. Health Services numbered 8063, 8069, and 8093. 3.03 DEVELOPMENT STANDARDS A. Minimum Parcel Area: One-half (1/2) Acre B. Minimum Parcel Width: One hundred (100) feet C. Minimum Setback for Principal and Accessory Structures: Principal Accessory_ Platted Parcel Boundaries Front Yard 25 Feet 25 Feet Side Yard 15 Feet 15 Feet Rear Yard 20 Feet 10 Feet Public Road Right-of-Way and Project Boundaries 30 Feet 30 Feet Where a side or rear' yard is lake, jurisdictional wetland or other water body, the lake, Jurisdictional wetland or other water body setback shall govern as follows: ~rincipal Accessory Lake 20 Feet 20 Feet (Measured from Control Elevation) Jurisdictional Wetland 20 Feet 20 Feet (Measured from Jurisdictional Line) Cocohatches River 20 Feet 20 Feet (Measured from Drainage Easement) North/South Tributary 20 Feet 20 Feet (Measured from Parcel Boundary) In the event two(2) or more adjacent parcels are developed under single ownership for a single project, parcel boundaries shall be the outer perimeter boundaries of the combined parcels and development standards shall apply from these boundaries. In the event water management lakes, other water body functions or internal roads are incorporated or otherwise service the adjacent Collier Health Center PUD, no setback or perimeter landscape provisions shall apply to the property line separating the two PUD's. 3.04 DISTANCE BETWEEN STRUCTURES A. Principal Structures 15 Feet or distance equal to 1/2 the sum of their heights, whichever is greater B. Accessory Structure 10 Feet 3.05 MINIMUM FLOOR AREA OF STRUCTURES 1,000 square feet 3.06 MAXIMUM HEIGHT A. The maximum height for all buildings to be located on Parcels 1, 2, 3, 4, and 10 shall be thirty (30) feet. B. The maximum height for all buildings to be located on Parcels 5, 6, 7, 8, and 9 shall be fifty (50) feet with the exception that ten (10) feet of under building parking shall be permitted. Furthermore, the total height of the building (to include under building parking) shall be subject to the distance between structures requirements as stated in Section 3.04 of the PUD Document. 3.07 MAXIMUM DENSITY The maximum density for Adult Congregate Living Facilities and other types of elderly housing shall be twenty-six (26) unites per acre. 3.08 ~INIMUM OFF-STREET PARKING As required by Division 2.3 of the Collier County Land Development Code in effect at the time of development. 3-3 3.09 MINIMUM LANDSCAPING REOUIREMENTS As required by the provisions of the Land Development Code in effect at the time of development, except as otherwise herein provided. 3.10 LANDSCAPE BUFFER/COC"HATCHEE RIVER A landscape buffer shall be provided along the developed eastern project boundary adjacent to the Cochatchee River within Parcels 1, 2, 3, 4, and 10. The following standards shall apply: A. Width my varywith an average of not less than ten (10) feet. B. Location may very and meander, depending on the location 'of top of bank and existing vegetation. Planrings may occur within the drainage easement or within the rear yard setback. The buffer area shall extend along the entire length of the property line adjacent to the Cocohatches River. C. Height and Density: 1. Shrub planrings of at least twenty-four (24) inches in height at time of planting will be required to screen all parking areas and building foundations. Planrings may occur within drainage easement areas or i~wnediately adjacent to buildings or parking areas. 2. Tree planrings shall be required to include an average of one (1) tree per twenty -five (25) linear feet or fraction thereof. Trees shall be minimum of eight (8) feet in height and two (2) inches callper at time of planting. Palm trees my be utilized to fulfill fifty percent {50%) of the tree requirements. 3. Native hardwood trees shall be used to supplement the existing palms within the required buffer along the entire length of the Cocohatches River. ExiSting non-exotic vegetation may be utilized and credited toward the required buffer. 4. Design Guidelines: The landscape buffer for these parcels shall conform to uniform design guidelines for the entire length of the property line adjacent to the Cocohatchee River, With the exception of the "Preserve" and "Passive Park" areas. 3-4 3.11 LANDSCAPE BUFFER/GREEN]~ELT A landscape buffer/greenbelt shall be provided adjacent to the southern project boundary along I~mokalee Road where development parcels are contiguous to the Immokalee Road right-of-way (Parcels 1, 6, and 7}. The following standards shall apply: A. Width/Location: Twenty (20) feet in width contiguous to the proposed Immokalee Road. Up to fifteen (15) feet of the landscaped buffer may be within the Immokalee Road right-of-way, subject to the approval of the Transportation Services Administrator. B. Height and Density: The following planting criteria shall be used: 1. Shrub planrings at least twenty-four (24) inches in height at time of planting will be required to screen all parking areas and building foundations. 2. Tree planrings shall be required to include an average of one (1) tree per twenty-five (25) linear feet or fraction thereoZ. Trees shall be a minimum of eight (8) feet in height and two (2) inches calfper at time of planting. Palm trees may be utilized to fulfill thirty percent (30%) of the tree requirements. 3. Existing native vegetation shall be retained and incorporated into the landscaping in the green belt buffer along Immokalee Road. Where practicable and if the greenbelt is ready to be constructed at the same time as Immokalee Road, existing native vegetation outside the greenbelt in the line of construction shall be transplanted into this green belt to meet the requirements of the greenbelt buffer. C. DesignGuidelines: The landscape buffer shall conform to uniform design guidelines for the entire length of the designated property line. D. Where feasible, existing vegetation shall be retained or transplanted to meet landscaping required by appropriate Collier County Ordinances. 3-5 S~-CTION IV GEITERAL DEVELOPMENT COMMIT3fENTS 4.01 ~ The purpose of this Section is to set forth the standards for development of the project. A. The design and layout iljustrated bV the PUD Master Plan, Exhibit A, shall be understood as general in nature and flexible so that final design may comply with applicable requirements and best utilize the natural resources. B. Minor design changes may be permitted subjected to staff review and approval, and design changes necessitated by environmental permits shall be permitted subject to staff review and approval. 4.02 DEVELOPMENT COMMITMENTS A. Transportation 1. Based on anticipation. of C.R. 846 (Immokalee Road) 4-1sting prior to the project development and assuming a median opening is permitted, the developer shall provide a right turn lane and a left turn lane on I.~nokalee Road at the project entrance. If a secondary project access is permitted upon the four laning of I~nokalee Road, the developer shall be responsible for the cost of intersection improvements necessary to serve the project, i.e., right turn-in/right turn-out provisions, at the time said secondary access is established. 2. The Developer shall provide a fair share contribution to the capital cost of a traffic signal at the project entrance when deemed warranted by the County. The signal shall be owned, operated and maintained by Collier County. 3. The Developer shall provide arterial level street lighting at the project entrance when the project access street intersection is established. 4-1 4. The Developer shall provide fifty (50) feet of additional right-of-way along the entire Immokalee Road frontage east of the Section 22/23 Section line. In addition, the Developer shall provide fifty (50) feet at the Section 22/23 line down to thirty (30) feet at the westernproperty line. This dedication may be requestedby the County prior to recording the plat. If the dedication is required prior to plat recordation, the County, at the County's expense, shall be responsible for the preparation of the legal instruments necessary for the conveyance. S. Road Impact Fees shall be in accordance with the ai~licable Ordina.ce as amemded and shall be paid ac the time building permits are issued unless otherwise approved by the Board of County Coanissioners or in accordance with the requirements of the Collier County Land Development Code Division 3.15 Adequate Public Facilities. 6. Required access improvements shall not be subject to impact fees credits and, excluding signalization, shall be in place before any certificates of occupancy are issued. 7. All traffic control devices used, excluding street name signs, shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. 8. The existing drainage may between C.R. 846 and the Cocohatches River shall remain available as an outfall for permitted run-off from scheduled improvements to C.R. 846 (4-1aning scheduled to start mid 1991). 4-2 B. Water Management 1. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. 2. Each individual lot shall have at least 0.5" dry preotreatment prior to discharge to the master water management system. 3. Provide a twenty (20) foot maintenance easement around the perimeter of each lake and a twenty (20) foot access easement from a public or private road to these maintenance easements at the time of final platting.. C. Utilities 1. 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. 88-76, as amended, and other applicable County rules and regulations. 2. All customers connecting to the water distribution and sewage collec~ion facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer services to the project, the water and/or sewer customers shall be customers of the interim u~ility es~ablished to serve the project until the CounCy's off-site water and/or sewer facilities are available to serve the project. 4-3 3. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the proJect's wastewater at the time development co~ences, the Developer, at his expense, will install and operate interim water supply and on- site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatoryagencies. An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns, or successors, regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of Construction documents for the project and be in conformance with the requirements of Collier County Ordinance NO.88-76, as amended. 4. If an interim on-site water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. 5. Off-site Utilities Improvements: Water: The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this proJecu and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District'S existing co~m~itted capacity. Sewers The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 4-4 6. This project shall be designed for central water and sewer systems. D. Environmental 1. Petitioner shall con~ly with the provisions of Division 3.9 of the Collier County Land Development Code. 2. Pursuant to Division 3.9 of the Collier County Land Development Code and Collier County Growth Management Plan, Conservation and Coastal Management Element, Goal 6, Objective 6.2, Policies 6.2.2, 6.2.7, 6.2.9, 6.2.13, 6.2.14, and Objective 6.4, Policies 6.4.6 and 6°4.7, there shall be no unacceptable net loss of viable naturally functioning fresh water wetlands. With the exception of one road crossing and boardwalks/observation decks, there shall be no permanent develolTment in the wetland area. Mitigation for the road crossing and boardwalk/observation decks will be determined by applicable State, Federal, and County agencies during permitting. 3. Should the project be a phased development, all mitigation shall be contained within each phase. A ~dtigation plan for each phase shall be submitted at the ti~ of Site Development Plan approval. The Site Development Plan approval shall be subject to phased mitigation plan approval. 4. The northern 0.7 acre wetland shall be retained as a "preserve." No development or passive recreation other than a boardwalk and a small observation deck is permitted in the preserve area. The preserve area shall retain the existing natural canopy, understory, and groundcover vegetation, and shall be maintained free of exotic species in accordance with applicable County ordinances. 5. Areas designated as "passive park" areas shall allow boardwalks, nature trails, picnic areas, and educational displays. All trees to be removed to facilitate this will be determined at the Site Development Plan review process. A single boardwalk is permitted with its width and configuration to be determined at Site Development Plan approval. 6. Petitioner shall comply with the provisions of Division 3.11 of the Collier County Land Development Code. 4-5 7. If during the course of site clearing, excavation, or other constructtonal activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and Project Review Services notified. Development will be suspended for a sufficient length of time to enable Project Review Services or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. Project Review Services will respond tO any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construc~ional activities. 8. The Preserve areas shall be identified as separate tracts or easements on the project plat and appropriate protective covenants pursuant to Florida Statutes shall appear on the cover of the plat contained within the dedication or general notes. E. Engineering 1. Detailed paving, grading, site drainage and utility plans shall be submitted to Development Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Development Services Director. 2. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. 3. Work within Collier County right-of-way shall meet the requirements of Collier County right-of way Ordinance 93-64 as amended. 4. Access into each tract as shown on the master plan is informational only. Location and number is subject to Preliminary Subdivision Plat or SDP approval. 5. The project shall be platted in accordance with Collier County Subdivision Regulations to define the right-of-way, tracts, and easements as shown on the master plan. 4-6 6. Landscaping shall not be placed within the water management areas unless specifically approved by Project Review Services. F. Fire Protection 1. This project shall meet all fire requirements with regards to street and bridge load. Land IJme Summary'* Ih~:d Are, 10.S Ao'we' C0c01~efcS~e RIv~r~ 2.0 ~l~ ~e ~ 1.1 ~ I~l 1.t ~vfvfe I~mekllee ~esd Telel Ares *"~ Parcel '~'~' ' ' ~ ~ ' "" Parcel ' Parcel ~ N~ s~ 3 Pereel Parcel 7 6 LJ~, Parcel 1 ';,1 ~b,:, """*ww ,"-,,, °""' C,Jq, P.U.D. M~STER PLAN NORTH r mr 12a' ' 24G' Exhibit A ~ ~ ~, PT'e~r~f Ff~r:. The OefIP hrtr~ership. InC. · Pleleelsd II: ~lleeA. tdlfief. lelle4 · hek. IRC. V.A. II: I° m Ir --,-:-- .:~- - .'.="':'. T_-.._~ · ,' .: ... :,...'7.'..--..: ;;.-/..',:..--:.---,'--:-.:-- ......: ....... EXHIBIT E DESCRIPTION OF PART OF SECTIONS 22 AND 23, TOWNSHIP 48 SOU77{, RANGE 25 EAST, COLLIER COUNTY, FLORIDA (CHIP PARTNERSHIP) All that part of Sections 22 and 23, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows~ BEGINNING at the southeast comer of said Section 22 and the north right-of-way line of Immokalee Road (S.R. 846); thence along said right-of-way line and the south line of the southeast 1/4 of Section 22, North 890-07'-15" West 430.00 feet; thence leaving said line North 000-31'-17" East 1328.46 feet to a point on the north line of the southeast 1/4 of the southeast 1/4 of the southeast 1/4 of said Section 22; thence along said line South 89°-03'-30" East 76.40 feet; thence leaving said line and along the approximate centerline of Horse Creek in the following three (3) described courses; 1) South 63°-35'-18· East 140.93 feet; 2) South 28~-48'-12· East 104.28 feet; 3) South 09°-42'-58· East 168.55 feet to the centerline of a 100.00 foot drainage easement recorded in O.R.Book 237, page 140 and O.R. Book 188, pages 88 and 89 Collier County, Florida; thence along said centerline South 41°. 36'-37" East 1220.88 feet; thence leaving said line, South 89e-56'-16" West 23.24 feet; thence South 0'-31'- 17" West 100.00 feet to a point on the south line of the southwest 1/4 of Section 23 and the north right-of-way line of (S.R. 846) In~nokalee Road; thence along said line South 89'-56'-16" We~t 650.03 feet to the Point of Beginning; containing 18.71 acres more or less; subject to easements and restrictions of record; bearings are based on the south line of the southeasterly 1/4 of said Section 22, Township 48 South, Range 25 East, being North 89e-07'-15" West. 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 ts a true copy of: Ordinance No. 95-45 which was adopted by the Board of County Commissioners on the Sth day of August, 1995, during Regular Session. WITNESS mY hand sLd the official seal of the Board of County CommissIoners of Collier County, Florida, this 11th day of August, 1995. DWIGHT E. BROCK "" Clerk of Courts and Clerk ' Ex-off~cto to Board of County Commissioners ~' : : Deputy Clerk ' ": -- rv~