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Ordinance 95-47 ORDINANCE NO. 05- ~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-I~2 THE COLLIER COUNTY LAND DEVELOPMENT CODE WH~'H INCLUDES THE COMPREHENSIVE ZONING REGULATIO~ FOR THE UNINCORPORATED AREA OF COLLIER COUNt, FLORIDA BY AMENDING THE OFFICIAL ZONI~ G ATLA MAP NUMBER 8523S; BY CHANGING THE ZONING ~_~ CLASSIFICATION OF THE HEREIN DESCRIBED REAL 5 PROPERTY FROM RMF-16 TO "PUD" PLANNED UNIT ~ DEVELOPMENT KNOWN AS PIPER BOULEVARD MEDICAL OFFICE CEN~'R FOR 30,000 SQUARE FEET OF MEDICAL OFFICE AND C-2 COMMERCIAL USES, LOCATED IMMEDIATELY EAST OF CYPRESS WAY EAST AND NORTH OF THE PLANNED EXTENSION OF PIPER BOULEVARD ALSO NORTH OF IMMOKALEE ROAD IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNt, FLORIDA, CONSISTING OF 2.28+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Mr. Michael Fernandez, AICP, of Agnoli, Barber & Drundage, Inc., representing Piper Boulevard Medical Office Center Investors, 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: The zoning classification of the herein described real property located in Section 23, Township 48 South, Range 25 East, Collier County, Florida, is changed from RMF-16 to "PUB" Planned Unit Development in accordance with the Piper Boulevard Medical Office Center PUB Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8523$, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. This ordinance shall become effective upon filing with the Department of State. -1- · PASSED AND DULY ADOFI'ED by the Bo,~rd o~ County Commis~ionars o~ Colliar County~ Florida~ ~hJs/,~ day of BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA · · '. c': BY DWIGHT E. BR_O~'K, CLEKK APPROVED, A~ TO FORM A.D ~:GXL StrrFxcxz. cy ASSTSTANT COU}rl'f AI'TO~NE'~ PUD-9~-40RDINANCM/I43B2 -2- PIPER BOULEVARD MEDICAL OFFICE CENTER A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING PIPER BOULEVARD MEDICAL OFFICE CENTER. A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Gregory A. Collins, R.P.T. Karla A. Seiberf, M.D. Michael A. Novak, M.D. William G. Aughton, D.D.S. Ojvtnd F., Jensen, D.D.S., M.S. William E. Grubbs, Jr., M.D. PREPARED BY: MICIIAEL R. FERNANDEZ. AICP PLANNINC{ DIRECTOR Of AGNOLI, BARBER & IIRUNDAGF.. INC. 7400 TAM/AMI TRAIL NORTH, SUITE 200 NAPLES. FLORIDA 3Jq63 (113),~97-3111 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPFAL DOCUMENT DATE 3/15/05 REVISION DATE 8/I 6/05 ABE PN 7047-1 Rezone Submittal Petition - Revised Conshtent with Count).' Attorney & Project Review Staff Comments TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE iv SECTION I PROPERTY OWNERSHIP & DESCRIPTION I-I I-3 SECTION I I PROJECT DEVELOPMENT 2-1 2-5 SECTION llI COMMERCIAL DEVELOPMENT COMMITMENTS 3-1 SECTION IV DEVELOPMENT COMMITMENTS 4-1 LIST OF EXtlIBIT~; AND TABLF..~ EXIIIBIT A PUD Master Plan EXHIBIT B Conccl~'ual Site Development Plan EXqIIBIT C Location Map TABLE I Land Use Table TABLE I1 Summary of Development Standards III STATEMENT OF COMPLIANCE The development or approximately 2.47 acres or prt'~crty in Collier County. as a Planned Unit Development to he known as Piper Boulevard Medical Office Center will he in compliance with the goals. objectives and policies at'Collier County as set forth in the Growth Management Plan. The commercial development of Piix'r 13oulc'vard Medical Office Center will he consistent ~vith applicable comFrchcnsivc planning objectives oF each of the elements o1' the Grayish ~fanagcment Plan For the following reasons: I. The subject propczly is located in an area identified as an Activity Center in the Growffi Management Plan for Collier County. 2. Activity Centers arc Ihc FrcCcrred locations for the concentration ofcommcrcial development activities. 3. The subject property is locatc. d on lhe norfficast comer of Cypress Way and Ihc proposed caslward cxtcnslon at'Piper 13oulcvm'd. This stratcglc location allows the site supetrior access for the placement ol'commcreial adivitlas. 4. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 oCthe Future Land Use Element. 5. The project dcvcloFmcnt will result in an cfficlcnt and economical cxlcnsion oCcommunit.v t'acilitlcs and services as rcqulrcd in Policies 3.1.tl and L of the Future Land Use Element. 6. The project will be served by a complete range of.-,crviccs and .tilltlcs as approved by the County. 7. The project is compatible wilh adjacent land uses through the internal arrangement of structures, the placement of land use buffcrs. and Ihc prorx%e, cd development standards contained heroin. 8. All final local development orders For Ibis project arc suhjccl Io Ihc Collier Ct~tznty Adequate Public Facilhics Ordinance. ~V SECTION I PROPERTY OWNERSflIP AND DESCRIPTION I.I The purpose oflhls Seelion ts Io sc~ forth the/ocatlon and ownership of the properly. and to describe the existing conditions of the properly proposed to he developed under the project name of Piper Boulevard Medical Office Center. 1.2 LEGAl, DESCRIPTION The subject property being 2.47+/- acres, is described as: ALL IllAT PART OF LOT I. BLOCK D OF PALM RIVER ESTATES UNIT 4 AS RECORDED IN PLAT BOOK 8. PAGES 69 AND 70. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOx, VS: BEGIN?,/ING AT TIlE SOUTIIWEST CORNER OF SAID LOT I: TIIENCE NORIll 00'35'19' WEST ALONG TIIE WESTERLY LINE OF SAID LOT I FOR A DISTANCE OF 252,06 FEET: TtlENCE LEAVINO SAID WESTERLY LINE NORTI! 89'24'10' EAST FOR A DISTANCE OF 49.76 FEET; TI IENCE SOUTI I 00'35'50" EAST FOR A DISTANCE OF 15.00 FEET: IlIENCE NORIll g9'24'I0" EAST FOR A DISTANCE OF 240.55; TIIENCE NORIll 00'35'50" WEST FOR A DISTANCE OF 15.00 FEET: TItENCE NORTII 89'24'10' EAST FOR A DISTANCE OF 140.29 FEET; TO AN INTERSECTION W!Ill IllE EASTERLY LlNE OF SAID LOT I: Il IENCE SOUT! ! 00'31'52' EAST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 247.91 FEET TO AN INTERSECTION Wl'rll TIIE SOUTtiERLY LINE OF SAID LOT I; TliENCE SOU'Ill 88'51'03' WEST ALONG SAID SOUTtIERLY I. INE FOR ;X DISTANCE OF 430.37 FEET TO Il IE POINT OF BEGINNING; CONTAINING 2.388 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. And BIsEct Easement, described as: A BUFFER EASEME'NT OVER A1,L THAT PART OF LOT I, BI.OCK D OF PAL,Xl RIVER ESTATES UNIT 4 AS RECORDED IN PLAT BOOK 8, PAGES 60 AND 70. l-I .--__-I PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID BUFFER EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCINO AT T/[E SOUTI IWE. ST CORNER OF SAID LOT !: T/IENCE NORTH 00'35'50" WEST ALONO TIIE WESTERLY LINE OF SAID LOT I FOR A DISTANCE OF 252.04 FEET; TI IENCE LEAVING SAID WESTERLY LINE NOR'r] 189' 24'I0" EAST FOR A DISTANCE OF 49,45 FEET TO TIlE POINT OF BEGINNING OF TIIE tIEREIN DESCRIBED BUFFER EASEMENT: THENCE NORTI! 89'24'10" EAST FOR A DISTANCE OF 240.55 FEET; THENCE SOUTH 00'35'50" EAST FOR A DISTANCE OF 15.00 FEET; THENCE SOUTH g9'24'I0" WEST FOR A D/STANCE OF 240.55 FEET: THENCE NORTI! 00'35'50'' WEST FOR A D/STANCE OF 15.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.083 ACRES OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICtiONS OF RECORD. Totaling 2.47 +~. acres or land. 1.3 PROPERTY OWNERS}UP The Proix'try is owned by Sharonclale Condominium Association, Inc., and is under a contract for sale to Gregory A. Collins, R.P.T., Karla A. Seibcn, M.D., Michael A. Novak, M.D., William O. Aughton. D.D.S., Oivind E. Jcnsen, D.D.S.. M.S.. X%,'illiam E. Grubbs, It., M.D. (hereinaftcr collectively called "applicant or develoF,:rl. i.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The Propcr~y is located in the Fast Quaact of Sccdon 23, 'Fo~vnsh ip 48 South, Range 25 East in Collier County. The Property consists of approximately 2.47+/- acres and is Icn:atcd off and cast ol'Cypress Way and no~lh of the Cocohatchee River Canal and !mmoka/ce Road. The Prolx'ny is cureoily undevclor'~d. The Properly is gcncral ly bordered on the noah by developed R M F-16 zoned property, dcvclopcd as two story cc~ndomlnium structures: on the cast by undcvclopcd RSF-3 zoned property which is wilhln lhc Immokalcc Road Aclivity Ccntcr al Airport Pulling Road and is ofl;:rcd as ruturc commercial property; on lhc south by a ! O0 root canal r/w and Immokalec Road (CR 846) and on the wesl by Cypress Way. B. The zoning classification of the Property prior to the date of this approvcd PUD Document was RMF-16. 1.5 PHYSICAL DESCRIPTION The Property is located north of the Cocohatchee River Canal and lmmokalee Road and cast ofCyprgss Wr/in ColHer County, Florida. The Property is generally level with elevations between 11 and 12 feel NGVD. The Property ~ Ihc following designation relative to flood -FEMA FIRM Flood Zone X: area of S00-ycm' flood or men of 100 year flood with expected average depth ofless than I foot. Community-Panel Number 120067 0195 D. Panel 195 of 1125 for Collier County: Map's effective date:. September 14, 1979. revised June 3. 1986. The Property is part of Palm River Estates Subdivision Unit No. and was previous cleared. The existing vegetation is limited to an existing cjuster of oak trees and three (3) cabbage palms. A fifty (50) foot drainage ~ utility easement is located on the Property along the eastern property llnc. Florida Power & Light (FPL) maintains a wood power pole supported overhead power line and the existing draifiagc ditch within the easement terminates at the Pr~x-rty's southeastern comer with a 48 inch corrugated metal pipe which drains into the adjacent canal right-of-way. 1.6 PROJECT DESCRIPTION Piper Boulevard Medical Office Center is a proposed commercial center with a proposed mo. ximum of 30,000 gross square feet of development. 1.7 SIIORTTITI~E This Ordinance shall be known and cited as the "Piper Boulevard Medical Office Center Planned Unit Development Ordirmnce." SECTI'ION PROJECT DEVELOPMENT REQUIREMENTS 2.1 The purpose ofthls Section is to delineate and generally describe the project's plan or development, rela~ionshlps to applicable County ordinances and other project nlationships. ~E'NE~L A. ReguJalions f'ot development of Piper Boulevard Medical Of'rice Center shall be in accordance with lhe contents of this document. PUD-Planned Unit 13~'elopmnt Dislrict and olhet applicable sections and pans ohhe Colli~ Cmmly Lnnd D~velo~menl Code (LDC) and Oro'.mh Management Plan (OMit) in effect at the time of'issuance ot'any development order to which said regu|alions re|ale which aulhorizes the construction of improvements. such as b~l not limited Io Fir~| Subdivision Plat (if required). Final Silo Dcs, elopment Plan. Excavation Permit and Pr~limirmry Work Authorizmion. Wher~ these r~Sulations fail to provide deve. lopmental slandards then Ihe provisions oFthe mosl slmilm' district in Ihe County Land Development Code shall apply. B. Unless otherwise noted, the dc~nitions ofall terms shall be the same as the definitions m f.onh in the Collier County Land Development Code in effect at the time ofbuildlng permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of.Piper Boulevard Medical Office Center shall become pan of.the regulations which govern the manner in ~vhlch PUD site may be developed. D. Unless modified. waived or excepted by this FUD dc~cumcnt or a~.,u~:iatcd exhibits. the provisions of.other land development codes where appllcabte remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by Ihe approval of this fx-'tition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilitic~ of the Land D,:velopmcnt Code at either final SDP npra'oval. final plat approval. or building permit issuance applicable to Ibis development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USF-~ The project Master Plnn. including access locations is iljustrated graphically by Exhibit "A', PUD Master Plan. There shall be one ( I ) general commercial tract. ']'A~LE[: PIPER BOULEVARD MEDICAL OFFICE CENTER ESTIMATED LAND USE SUMMARY TYPE SOUARE FOOTAGE ~ COMMERCIAL 30.000 2.47 "'/- Table I is a schedule of the intended land uses. with approximate acreage of the total project indicated. Exhibit "B" is a conceptual master plan and is an iljustrative preliminary development plan. Design criteria and layout iljustrated on Ibis supporting exhibit shall be tmcler~ood tn be flexible so that final design may satisfy development objectiyes atxl be consistent with the Project Development. as set rorxh in this document. TABLE It: PIPER BOULEVARD MEDICAL OFFICE CENTER DEVELOPMENT SCHEDULE YEAR SQUARE FOOTAGE 1996 30.000 Table li indicates Ihe estimated developmcnt .schedule for the project. The estimate may. of course. change depending upon future economic. market and regulator}.' factors. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF I.AND USE A maximum of 30.000 square feet of commercial shall he constructed in the total project area. The gross project am is 2.47 +/- acres. 2.5 BELATED PROJECT PLAN APPROVAL Pa~EOUIREMENTS 2-2 A. Prior to the recording or a Record Plat. and/or Condominium Plat for all or part or the PUD. final plans or all rcquircd improvcrncnts shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan. the Collier County Subdivision Code and the platting laws of lhc State of Florida, as may he applicable. B. Exhibit 'A", PUD Masler 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 or property and the development or the land shell be In compliance with Division 23.2 of the Collier County. Land Development Code, and the platting laws or the State or Florida. C. The provisions of Division 3..t or the Collier County Land Development Code. when applicabtc. shall apply to the devc/opmcnt oFall platted tracts. or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provldcd at the time of infrastructure improvements regarding any dedications and method For providing perpetual maintenance of common facilities. E. Design and construction ofall improvements shall he subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3.2. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Colller County Land Development Code. Se~ion 2.7 /XSSOCI'ATION OF PROPERTY OWNERS FOR COMMON AREA V~q~cncve~ the developer elects to create !and area whose ~wncrship and maintenance responsibility is a common interest to all of the sub.~:qucnt purcha.~fs or properly within said dcvclopmcnt in which Ihc common interest is located. that devclo~'r entity shall provide appropriate legal instrum,mL,~ For the establishment oFa Propc/ly Owners Association or another appropriate cnt;ty x~'ho.~e Function shall inctt,de provisions For the perpetual care and maintenance oFall common Facilities and open space subject Further to the provisions of the Collier County Land Development 2-3 I Code. Section 2.2.203.8. 2.8 LANDSCAPE BUFFERS, FENCES AND WALLS Landscape buffers, fences and walls are generally pcrrnhted as a principal use throughout Piper Boulevard Medical Office C~tcr. The following standards shall apply: A. Landscnplng slopes shall have the following maximum side slopca: I, Gnssedslopes3:l 2. Ground covered slopes 2:1 3. Rip-Rap slopes 2;I 4. Structural walled changes in elevation - vertical The above slopes ave maximums and require Staff review and approval of individual applicaaons where such maximum slopes cxcccd LDC Standards. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general pcrrnitt~d uses throughout the Piper Boulevard Medical Office Center PUD. A. General Permitted Uses: I. Essential services as set forth under Collier County Land Development Code. Section 2.6.9. I. 2. Water management facilities and related structures. 3. Temporary construction, salcs, and ndministrnfive ol'l~ccs for Developer and Dcvelopcr's authorized conlractors and consultants. including necessary access ways. parking areas and related 4. Landscape features including but not Hmitcd In landscape bulTcrs. fences. walls subject Io Ihc standards .~t forth in PUD Scctlon 2.8. 5, Any othcr use which is com[nrablc in nature with the fi~rcgoing u.v,.'s. 2-4 and which lhe Dcvclopmcnt Scr~iccs Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this documcm the following devclopment standards shall apply to structures: I. Sidewalks and blkepaths trmy occur within rcquired buffers. however the width ot'tbe required buffer shall be incrraud proportionately to fhe width ot'Ibe paved surface ol'the stdcwalk or bikepath, SECTION III COMMERCIAL DEVELOPMENT STANDARDS PURPOSE The purpose of this Section is go set forffi lhe regulations for the Proix'try designated on Exhibit "A". PUD Master Plan. u Tract "A". Commercial. 3.2 No bx~ildlng ot slructure, or par1 thereof, shall be erected. nilered or used. or land or water used, in whole or in part, for other than the Following: A. Permitted Prlnci.rral Ug'~ end SffUcture~: I. Medical Office and Uses Permitted by the Collier County Land lX-velopmont Cede C-2 Commercial District. B. Permitted Accesso.ry Uses and Stmcttrr~ I. Accessory uses and structures customariZy associated with the uses permitted in the above districts. 2. Covered parking structures. 3.3 DEVELOPMENT STANDARDS: A. Site Area: I 0,000 square 13. Site Width: 120 I'ect C. Setbacks: From site b~undaries, primary structures: (I) From the lO0 root Canal R/W 70 Feet (Should Collier County nequlre 45 Feet t~l'right-oF-way noah ofcan=l right--of-way: then, the setback shall be 22 Feet From the site's southern property line.) (2) From North PUD Boundary 60 Feet (3) From Cypress Way R/W 25 Feet (4) From East PUD Boundary D. From si~e ~d~. f~ c~ ~rking acc~ sz~u~: (I) From ~ l~ r~ ~dc C~I (~ld Coll~ C~ ~im 45 r~ orHght-or-way north orcanal dght~r-~; ~, the ~ck shall ~ 25 r~ from the slte's ~ ~y line.) (2) F$ N~h P~ B~n~ I 0 Fcct (3) Cy~ Way l0 Fe~ E. Di~ance B~w~ PHnci~! N~ ~ n mlnlm~ orl~ (10) f~ ~th um~Nct~ ~gc from front to F. b~xlm~ Hd~t orst~ctu~: ~i~-five (35) F~ not to ~c~ (2) sto~. G. M~xlm$ tfeight orCov~d Park[ne: Twelve ( i 2) r~. I L ~[nlmum F/~r Am or PHnc~I St~ctu~: One Iho~ (I,~) ~m r~ ~ building on ehc ground II~r. I. Land~aping: As ~ulmd in Division 2.4 or Ihc LDC unrcss s~-ci~cd hcmin. 'H~c following buffcn arc considered Io met or exceed [.DC rcqulmd buffers: 3°2 ( 1 ) From the ! 00 roar Canal 70 Foot Width; LDC Type D tz-~ ~nd planting requirements to be m~ w/thin the norahem I0 reel of the buffer, except that trees shall be spaced no more than 25 feet on center. Canopy trees 25 feet on center shall be installed within the southern 60 feet of the lyaffef. Locations are to be approved by the Count' Transportation Division for compatibility with any County plans for acquisition and development of this area for the potential eastward extension of Piper Boulevard. The trees shall be located to the north of and a minimum of 7 reel from the edge or the potential road pavement. Trees shall be installed with a County Staffapproved deep root Jystem. R/W lree~ shall be credited toward ~atisfaefion of the tree requirement for commercial developments. LDC Subsection 2.4.6.2. and Jhall meet the specificationj relative to that Subsection. (2) Along North PUD Botmdary: LDC Type B tree and planting requi,rements: except that of the 17 rt'quired h-t'es. S shall be canopy trees equally spaced and shall have a minimum height of l0 reel at installation. The remaining 9 p:quired trees shall be palms; therefore, 27 palms are required (three palms equal one required tree). Palms shall have a minimum height of 14 feet at installation. (3) Along East PUD gotrndary: 10 Feet Width: LDC Type B tree and planting requlremenls. except trees shall be spaced no more than 20 feel on center. Trees shall be maintained al a height nol to exceed 12 feet. as required by the FPL casernenL (4) Along Cypress Way R/W: l0 fool width: LDC Type D tree and planting requirements. except that trees shall b~ spaced no more than 25 feet on center. 3-'I (5) Cypress Way East R/W Trees: Canopy trees 25 feet on center and located a minimum o1'7 feet from edge of pavement. Trees shall be installed with a County Staff approved deep mot system. R.tW trees shall he credited toward satisfaction of tree requirement for commercial de'velopments. LDC Subsectlon 2.4.6.:2., and shall meet the specifications relative to that Subsetlion. (6) W~et tmma~,nt shall not be provided within the north buffer. east b~ffer, welt buffer, the north ten fet'~ of the south buffer. the required interior lanc~e~ area, Ihe required building perimeter area. or w~thin the clr~p line of the existing oak tree cjuster. .~. .Open Space ge~u. irements: Thirty (;30) percent of lhe acreage of the PUD. 3-4 $EC'TrlON IV DEVELOPMENT COMMITMENTS 4ol PURPOSE The purpose of this Section is to RI i'onh the developmcnl ¢ommhments for the developmenl ot' the project. 4.2 G~ERAL All facilities shall be coTtstn~ed in accordance with Final Site Development Plans. Final Subdivision Plans and all applicable State and local !a,,w. codes and rt'gulations applicable to this PUD. Except whet~ specifically noted or staled otherwise, ~e standards and specifications oftbe Land IX-velopmenl Code ,~fDiv~sion 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer. his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall agree to follow the Master Plan and the n~gulations of the PUD as adopted, aM any other conditions or mcxli~cations may be Dgr~ed to in the rt.'zcming of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 4°3 PIJD MASTER PLAN A. Exhibit 'A". PUD Master Plan. iljustrates Ihe propo.~:d development and is conceptual in nature. Proposed tract or special land use boundaries shall not be co~trued to be final and may be varied at any subseqt,ent approval ph.qse such as at final platting or site development plz:n application. subject to the ~'ovisions of the Land Development Code and amendments as may be made from time to time. B. All neccss,qry easements. dedications. or other instmnxents shall be grunted to insure the continued operation aml maintenance of all service utilities all common areas on the Property. 4.4 MONITORING REPORT AND SUNSET PROVISIONS A. The Piper Boulevard Medical Office Center PUD shall be subject to the Stmset Provisions of Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An mmual monitoring tt'port shall be submlned punuant to Section 2.7.3.6 of the Collier County Land Development Code. TRANSPORTATION The drvclopmenl of the PUD Master Plan shall be subject to and governed by the rollowing conditions: A, The developer shall reserve the lands for the potential extension of Piper B~ulevard through the Property, the Piper Boulevard Medical OfTice Center PUD as shown on the Master Plan, Exhibit "A". The potential right-of-way shall have a width offon'y-five (45) feet and shall be parallel and adjacent the canal fight-of-way. The County shall have the right to purchase the right-of-way at the value consistent with the per square foot cost of the developers contract for purchase for the entire site. The County may exercise this fight any time after approval of the re-zoning of the Property to PUD. Upon the acquisition of the fight-of-way for Piper Boulevard. the devetoper. in partial consideration for allowing the future access location from Piper Boulevard. shall prod. tale the County for a consideration of $10.00. an easement for transportation purposes of 15 feet. This easement shall be parallel to the southern grop:rty fine and north of the acquired right-of-way. The developer shall be reslxn~ible for all access improvements to the subject property. B. Should the Property he purchased by the County. its use shall be limited to the stated purpose of the development of Piper Boulevard and related infrastructure. Any other use shall require approval by the developer or assigns with the approval limited to the compatibility of the propo.~d use to the proposed or develolx'd commercial tract use. C. Access for the project is approved as indicated and dlmtmsioned and detailed on this document's Exhibit B: Conceptual Site Development Plan. 4-2 D. In partial consideration For the reservation of the potential right-of-way acreage, chc County shall I. cooperate in the permitting of the Propetty's drainage easement to be modified in favor of an engineered piped system which may be constructed upon by the developer with paved parking. the required land~aping buffets. and interior landscaped islands: and. 2, cooperate to allow the existing FFL eascmenl and FPL distribution line Io be relocaled along the eastern properly line. over the proposed modified drainage The acreage ofthe lands reserved for potential right-of-way may be enl'mnccd by the developer with landscaping; such enhancement shall he exempt from the native specie requirements. F. The developer retains the right Io install a~d maintain stre~ trees and Count' Staft'approved landscape improvements in the unpaved fight. of*way. trees shall be installed utilizing a Coun~T approved deep rooting ~'stem. The acreage of the potential right-of-way ~shall be counted toward the satisfaction of the open space requiremenls of the commercial development. 4°6 k'~NVIRONME'NTAL The development of this PUD Master Flan shall be subject to and governed by the following condilions: A. IZxisting trees and vegetazion: The Property was pre~ous cleared. Given this eonsideratlon. the Environmental Impact Slatement (EIS} requircment for permitting the development of the sub. iecl pmlx'rty is waived. The existing vege~atlon is limited to an existing cjuster of oak tret.'s and three f3) cabbage palms. Tree preservation credits shall not be requested for the required retention the existing oak tree cjuster. No other existing vegetation shall be required to be retained. The three (3) cabbage palms may be relocated on Property if the developer finds Ibis operation viable. 4-3 Punm~mt Io Section 2,6.30 ofthe ]Land Development Code. provision shall be made for Ihe rumre use or buildSnit space wilhln common ereas (if provided1 for the putTeJes of,~ceommodating Ihe function oran electoral polling place. An agreement recorded in Ihe ol~cial recoils or the Clerk or the Circuit Court or coili~ Cottory. which shall be binding upon any and all successors in interest that acquire ownership ormch common areas including. bm not limited to. condomlnium associations, hoITICOwlX13 flssocjaliorls, or tenants assOCiations. This agl'~,-'lTlefi! shall provide lot said common facjli/y to be usccl for a polling p/ace if'determined fo be necessary by ~e SupervSsor of Elcctions. 4,9 A. Pcrmltted signage shall be consistent with the provisions of the LDC: in addition, one (I) directory sign with a maximum of two hundred fifty (2501 square fccl nl lhc proposed access on Cypress Way and one (I) allrecTory sign at the potential access location frcn*n the Pilx'r Boulevard extension shall be prrmittcd. B. Pcrmltted signage may be develolxd within the project's western and southern landscaped bufl'crs and shall have a minimum setback of five fcct from any proix'fly line. 4.10 WATE~R MANAGF~fENT_ A,Malntcrmnce of the storm water management sys~crn will be the reslx>nsibility of the Property Owners Association, B. Detailed water management I*catums will be designed to comply with Ihe engineering requlrcments of SFWMD Vol. IV. Collier County Ordinance 90- I 0, and the Collier Count)' Land Development Code. 44 ------,I COLLIER CO MEO C L OFFICE PRO,ECT ROAD (C,R, ~ VANDERBILT BEACH ROAO ,,,.,. I 11 GATE PARKWAY (C.R. . RADIO ROAr) EXHIBIT "C ": PIPER BL VD. MEDICAL OFFICE CENTER PUD LOCATION MAP ~,pir 'C' STATE OF FLORIDA) COUNTY OF COLLIER) I, PWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copIf oft ORDINANCE NO. 95-47 Which was adopted by the Board of County Commissioners on =he 12th day of September, 1995, during Regular Session. WITNESS my hand and the official seal of the Board of County Co~ntssioners of Collier County, Florida, this 15th day of September, 1995. Clerk of Courts and Clerk Ex-officio to Board County Co~ntsstoners Sy~ /s/Ellie Hoffma~'/ Deputy Clerk ;, '