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Ordinance 99-96ORDINANCE NO. 99- 96 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 NUMBER GGE19; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE AND "E" ESTATES TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PALM ROYALE PUD FOR A PUBLIC CEMETERY WITH ASSOCIATED ANCILLARY USES OR AN ASSISTED LIVING FACILITY AND/OR GROUP CARE FACILITIES (CATEGORIES 1 & 2), LOCATED ALONG THE SOUTH SIDE OF VANDERBILT BEACH ROAD IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 25.5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Bruce Anderson, Esquire, of Young, Van Assenderp and Varnadoe, representing Naples Vanderbilt Land Trust, William Fitzerald, 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: '"(~I "~ SECTION ONE: ~-' '-1 c-., The zoning classification of the herein described real prope~y located J~ect~on ~ .... ~'~-- 2Z' ' - To.ship 49 South, R~ge 26 East, Colher County, Florida, is eh~ged ~o~t~A'~.:~u~ A~culture and "E" Estates to "P~" Pla~ed Umt Development la aeeord~ee ~ t~Palm Royale P~ Document, attached hereto as Exhibit "A" and ineo~orated by reference herein. The Official Zoning Atlas Map Number GGE19, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this//./3f:~day of ~.~m.~A~, 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: Attest as to Chat~'$ Approved as to Form and Legal Sufficiency Marjorie~M. Student Assistant County Attorney g/admin/sue/PUD-99-7 ORDINANCE/ PAMELA S. MAC'KIE, Chairwoman -2- Exhibit A PLANNED UNIT DEVELOPMENT DOCUMENT FOR The PRC&M Planned Unit Development Prepared by: Stuart and Associates 2180 West First Street, Suite 503 Fort Myers, Florida 33901 Date Reviewed by CCPC: Date Approved by BCC: Ordinance Number: L)ale: IZ/IiiU~J llllll~, i i.,.l~/...,~l./~lvl TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION ONE SECTION TWO SECTION THREE SECTION FOUR SECTION FIVE Property Ownership & Description Project Development Community Facility District Reserve District General Development Commitments PAGE 3 4 6 12 13 LIST OF EXHIBITS EXHIBIT "A" PUD Cemetery Master Plan 17 2 STATEMENT OF COMPLIANCE The development of approximately 25.5+/- acres of property in Section 4, Township 49 South, Range 26 East, Collier County, as a Planned Unit Development to be known as The PRC&M PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The PRC&M PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is located along the East Vanderbilt Beach Road Extension, between Logan Blvd. and CR 951. Vanderbilt Beach Road extension bounds the property to the north and to the south by Cherrywood Drive. The property is classified as Mixed Use Urban Residential and Golden Gate Estates Mixed Use Residential, as identified on the Future Land Use Map. The Mixed Use Urban Residential Future Land Use Element permits Community Facilities, including cemetery uses in this area. The Golden Gate Estates Master Plan of the Future Land Use Element permits Open Space and Park uses in this area. Along Cherrywood Drive, the site utilizes the Golden Gate Estates Outlot A for open space and buffering for the estates residential area to the south. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the Future Land Use Element, and Policies 2.2, 2.3, 2.4, 2.5 and 2.6. The site is well located to provide for a community facility use for the emerging North Naples community. The cemetery development promotes sound planning and ensures land use compatibility as required by Objective 5 of the Future Land Use Element. The cemetery development presents a needed community facility characterized by a Iow level of urban development intensity and park like open space, along with a Iow demand for urban services. As such it is compatible with and complementary to existing and future surrounding residential land uses to the north, south, east and west as required by Policy 5.3, 5.4 and 4.1 of the Future Land Use Element. 5. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. All final development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. The PRC&M PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 8. A complete range of services and utilities as approved by the County will serve the project. SECTION ONE PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE 1.2 1.3 1.4 1.6 The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of The PRC&M PUD LEGAL DESCRIPTION A parcel of land located in Section 4, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: parcel 1, the west half of the NW ~ of the N.E. % of the NE ~ of Section 4 - 49 - 26, less the north 30-ft. thereof, Collier County, FL Parcel 2, the east half of the NW ~ of the N.E. % of the NE ~ of Section 4 - 49 - 26, less the north 30-ft. thereof, Collier County, FL Parcel 3, the northeast quarter of the N.E. % of the N.E. % of Section 4 - 49 - 26, Collier County, FL Outlot "A" of Golden Gate Estates Unit No. 95 (Plat Book 9, Page 45), Collier County, FL Containing 25.516 acres, more or less. Subject to easements, reservations or restrictions of record. PROPERTY OWN ERSHIP The subject property is currently owned by William Fitzgerald, Trustee. GENERAL DESCRIPTION OF PROPERTY AREA Ao The subject property is located along Vanderbilt Road Extension of unincorporated Collier County, Florida. The subject property is located within the Mixed Use Urban Residential and the Golden Gate Estates Mixed Use Residential future land use classification, as designated on the Future Land Use Map. B. The property is currently vacant. The site currently has Agriculture and Estate zoning. pROJECT DESCRIPTION The PRC&M PUD will Include as uses by right cemetery burial area, funeral chapels, mausoleum, administrative and management buildings and facilities. 4 1.$ SHORT TITLE This Ordinance shall be known and cited as the "P R C & M Planned Unit Development Ordinance." SECTION TWO PROJECT DEVELOPMENT 2.1 2.2 A. Bo PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Regulations for development of The PRC&M PUD shall be in accordance with the contents of this document, The Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect and required at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. All conditions imposed and graphic material presented depicting restriotions for the development of The PRC&M PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. Development permitted by the approval of this petition will be subjected to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 2.4 2.6 2.6 2.7 2.8 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan. Bo Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private, semi public, etc.) shall be established and/or vacated within or along the property, as may be necessary. LAND USE Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Collier County Land Development Code. LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division Z7, Section 2.7.3.4 of the Collier County Land Development Code. PUD MONITORINQ An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s), which will be responsible for maintaining the roads, streets, drainage, common areas, and water and 2.9 2.10 2.11 2.12 2.13 2.14 sewer improvements where such systems are not dedicated to the County. OPEN SPACE REQUIREMENTS A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County Land Development Code. The total project is 25.5 +/- acres requiring a minimum of 7.65 acres to be retained as open space throughout The PRC&M PUD. This requirement shall not apply to individual development parcels. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Section 3.9.5.5.3 of the Collier County Land Development Code, 25% of the viable naturally functioning native vegetation on site (a minimum of 6.4 acres) shall be retained. The Reserve Tract has been designated to preserve 4.4 acres; the remaining 2 acres shall be identified at the time of SDP submittal. POLLING 'PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, if the property is developed for Adult Group Housing Uses, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from The PRC&M PUD shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. EXCAVATION AND VEGETATION REMOVAL No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental 7 Bo Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code. Removal of exotic vegetation shall be exempted from a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. A site clearing, grading, filling and revegetation plan where applicable shall be submitted to the Community Development and Environmental Services Administrator or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site-clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and tiffing plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: 1. Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a. Provision of a site filling and grading plan for review and approval by the County. .. b. Provision of a revegetation plan for review and approval by the County. c. Payment of the applicable review fee for site alteration plan review. 2. Site filling exceeding 25 acres to properly utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a. A site-clearing plan shall be submitted for review and approval that shows the acres to be cleared. A minimum of 25% of the natural functioning vegetation shall be retained. b. The applicant shall submit a detailed description of the fill and site work activity including a plan indicating fill placement locations and depths, grading plan and water management improvements. c. The applicant shall submit a detailed revegetation plan including a cost estimate. The cost estimate shall include the cost of grading, revegetation and yearly maintenance cost and a time specific schedule on completion of the revegetation work. d. The permittee shall post a surety bond or an irrevocable standby letter of credit in an amount of 110% of certified cost estimate as previously detailed including the maintenance cost for 3 years. The amount of the security may be reduced upon completion of the approved revegetation plan and upon occupation of the site. A separate security will not be required if such costs are included in subdivision security. 3. A vegetation removal permit is not required for the removal of protected vegetation prior to building permit issuance if the conditions set forth in Division 3.9 of the Land Development Code has been met. SECTION THREE COMMUNITY FACILITY DISTRICT 3.1 3.2 3.3 PURPOSE The purpose of this section is to identify permitted uses and development standards for The PRC&M PUD designated on the Exhibit "A", PUD Master Plan. GENERAL DESCRIPTION The area designated as "Community Facility" on the Master Plan is designed to accommodate a cemetery, essential services and customary accessory uses. The approximate acreage of the "Community Facility" district is 20.64 acres. Actual area of the development tract will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. The Community Facility tract is designed to accommodate internal roadways, lift stations, open spaces, lakes, water management facilities, and other similar uses. PERMITTED USES AND STRUCTURES, No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Administrative Offices 2. Cemeteries and mausoleum 3. Funeral Chapels 9 Uate: ~12/111u~ ILme. I 3.4 3.6 4. Parks, noncommercial recreation facilities, open space uses. Any other community facility use which is comparable in nature with the foregoing uses including buildings for service and office purposes consistent with the permitted uses and Purpose and Intent statement of the CF Community facility district. ACCESSORY USES AND STRUCTURES A. Uses and structures that are accessory, essential and incidental to uses permitted. Bo Any other accessory use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible. DEVELOPMENT STANDARDS A. Minimum lot area: Ten thousand (10,000) square feet. B. Minimum lot width: Eighty (80) feet, as measured by the exterior project lines. Minimum yard requirements: · Front yard: Twenty-five (25) feet. · Side yard: Fifteen (15) feet. · Rear yard: Fifteen (15) feet. · Any yard abutting a residential parcel: Twenty-five (25) feet. Distance between principal structures: The distance between any two principal structures on the same parcel shall be twenty-five (25) feet or a distance equal to one half the sum of their heights, whichever is greater. Minimum off-street parking and off-street loading: For the Cemetery On-site Chapel the parking will be one space per 150-ft for room used for service with internal cemetery driveways to be used for spill over on-street parking. All other parking as required in Division 2.3. Minimum floor area of principal structure: One thousand (1000) square feet gross floor area for each building on the ground floor. Go Maximum height: Thirty (30) feet above Mean Flood Elevation as measured by the finish floor elevation to the building eave; antennas and towers are at 40 feet. H. Signs: As required in Division 2.5. Cemetery Internal Driveways: The non-platted cemetery internal driveways may be designed at a min. 14-ft paved section standard. ]0 Landscaping and Performance Standards: Except as provided herein, as required in Division 2.4 1..A~erial Rd. Buffer Ca.nopy Tree Plantings -- 25-ff off center (approximately 48 trees); may be cjustered 2. Arterial Rd. Buffer Canopy Tree Planting Height -- 100% (~ 10-ff. tall 3. Arterial Rd. Buffer Shrub Plantings -- 18" to 36" off center; Double staggered hedge @ 24"; 3-ff. within one year 4. Arterial Rd. Buffer Landscape Accent Planting Beds -- One 200 sq.ft, planting bed every 250-ft; may be cjustered 5. Var!derbilt Beach Road Landsca.De Berm -- Varied Landscape Berm from Min. 3- ff. to 5-ft. landscape berm @ 3:1 slope Vanderbilt Beach Road Landscape Buffer Width -- Varied Landscape and Lake Buffer @ Min. 25-ff. to 125-ff. Wide; may include decorative and ornamental environmental landscape, hardscape and architectural elements. Vertical Memorial Setbacks-- Min. 115-ft Vanderbilt Beach Rd. ROW Setback; may include decorative and ornamental environmental landscape, hardscape and architectural elements. 8. Mausoleum Building Setback -- Min. 275-ft Vanderbilt Beach Rd. ROW Setback;' Min. 115-ff. NW 7~h Ave. ROW Setback; Min. 75-ft. East and West Site Boundary Setback. Golden Gat.e. Estates Landscape BuEer Width -- Min. Slash Pine Reforestation 10 Trees per 100 Linear Feet (cjustered) at min. 10-ft. in height at installation and a continuous native hedge. The native pine tree reforestation and screening hedge to be planted prior to the issuance of the first building permit within the PUD. 10. Memorial Gardens South Boundary_ Interior Tree Planting Buffer - Min. canopy tree plantings 25-ft. off-center at min. t0-ff in height at installation, at the southern edge of the interior development area. 11 · Mausoleum Architectural Standards - The Mausoleum and project design will comply with Collier County LDC Standards 2.8.3.5.3 General Facade Treatment, 2.8.3.5.5(1) Building Massing, 2.8.3.5.7.3 Repeating Fa<~ade Treatment, 2.8.3.2 Project and Street Lighting, 2.8.3.2.1. Lighting Orientation and General Design, 2.8.3.2.2 Adjacent Property Shielding, 2.8.3.2.3 Fixture Height, 2.8.3.2.4 Project Integration, 2.8.3.3 1-3 Service Function Areas, 2.8.3.4 Pedestrian Walk'ways (except 2.8.3.4.7), 2.8.3.7.3 General interior Landscape Standards, and 2.8.3.7.4 Water Body Design Standards. r~°m: ~reg ;5[uart Io: t(ay I~e~lows 12. Chapel arid Administratiye Building Setback - To be setback a minimum 30-ff from the project's north, east and west property lines. The western boundary that coincides with the Chapel and Admihistrative building's footprint shall be screened with a native vegetative hedge.. This screening hedge shall be maintained at a minimum 4-ft. in in height within two years of installation so as to provide for 100% visual screening. 13. The Maintenance and Operations Area - To include a continuous screening vegetative hedge along it's east and south boundary. The vegetative hedge shall be maintained at a minimum 4-ft. in in height within two years of installation so as to provide for 100% visual screening along its east and south boundary areas. K. All below ground burials shall be placed in sealed vaults made of concrete or a stronger material. SECTION FOUR RESERVE DISTRICT 4.1 4.2 4.3 PURPOSE The purpose of this section is to identify permitted uses and development standards for the area within The PRC&M PUD designated on Exhibit "A", PUD Master Plan as Reserve. GENERAL DESCRIPTION The area designated as Reserve on the PUD Master Plan is designed to accommodate conservation and limited water management uses and functions. The primary purpose of the Reserve District is to conserve the 4.42 acre native open space tract, to provide an open space site amenity for the enjoyment of The PRC&M PUD, and to provide a native vegetative buffer for adjoining Estate residential properties. pERMITTED USE8 AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: Permitted Principal Uses and Structures: A. Nature trails, excluding asphalt paved surfaces. Water management facilities and water monitoring wells, structures and lake bulkheads or other architectural treatments. 12 4.4 C. Mitigation areas. Do Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the Reserve District. The listed permitted uses and structures may be allowed as long as they do not require removal of native vegetation or evidence can be provided that the minimum 6.4 acres of native vegetation has been preserved on site. RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The developer or owners of The PRC&M PUD shall be responsible for control and maintenance of lands within the Reserve District. SECTION FIVE GENERAL DEVELOPMENT COMMITMENTS 6.1 6.2 6.3 PURPOSE The purpose of this section is to set forth the standards for development of the project. GENERAL All facilities shall be constructed in accordance with the final site development plans, the Final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except when specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal Permits shall be effective according to the stipulations and conditions of the permitting Agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. PUD MAS. TER PLAN Ao Exhibit "A", PUD Master Plan iljustrates proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries ]3 6.4 shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. WATER MANAGEMENT Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. Bo Detailed paving, grading and site drainage plans shall be submitted to Engineering Review 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 Engineering Review Services. Co In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency in a manner that accommodates existing, pre-development conditions at the time of Site Development Plan approval. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. E° A clear travel-way for maintenance purposes that is a minimum 15-ft. wide shall be placed along the west bank of the Harvey Canal. Fo A copy of the SFWMD Right-of-way and Discharge Permit shall be submitted prior to final SDP approval. TRANSPORTATION The developer shall provide arterial level street lighting at the project entrance prior to the issuance of any Certificate of Occupancy. The existing right-of-way road improvement easement shall be conveyed to Collier County in fee simple title. Land area(s) needed for Vanderbilt Beach Roadway improvements not granted within the existing easement will be conveyed to Collier County in exchange for Road Impact Fee Credits. Any median opening on the future 4 land/6 lane section of Vanderbilt Beach Road, if proposed by the PUD petitioner or developer, shall be in conformance with the County's Access Management Policy. 14 Do Turn lanes shall be provided consistent with Ordinance 93-64 along with the compensating right-of-way prior to the issuance of any Certificate of Occupancy. The applicant or his successors in title shall be responsible for a fair share contribution toward any future traffic signal serving any access point for this project. 6.6 6.7 UTILITIES Ao Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 88-76, as amended, and other applicable County rules and regulations. ENGINEERING Ao Except as otherwise provided within this PUD document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 6,8 ENVIRONMENTAL Ao 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 convenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with 3.2.8.4.7.3 of the Land Development Code. Bo Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFVVS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. 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. Do The project shall comply with the environmental sections of the LDC and the GMP in effect at the time of final development order approval. Eo A minimum of 6.4 acres of native vegetation shall be retained on site. The Reserve Tract has been designated to preserve 4.4 acres; the remaining 2 acres shall be identified at the time of SDP submittal. I' lUlll. L31 ~ ',JLUdld[ I ~. Il, dy D~IIuW~ $.JaLe~ 1~ I si~u The petitioner shall work in accordance with county staff recommendations and professional geohydrologists in the development and implementation of a Tamiami aquifer ground water monitoring program. The program will feature the installation of water quality monitoring wells of which the number, location and timing will be determined through the joint development of the water quality-monitoring program. The water quality-monitoring program will be established and implemented prior to the projects Final' Site Development Plan approval. The water quality-monitoring program will identify sampling frequency, data parameters and other appropriate criteria. The analysis of ground water samples collected will be provided to Collier County within one month of each sampling event by an independent certified lab under an approved CompQAP. Upon indication that the P R C & M PUD is contaminating the Tamiami Aquifer, the Developer or his successors shall take the necessary and appropriate actions to correct the problem. THE PUD CEMETERY MASTER I:q. AN EXHIBIT A STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-96 Which was adopted by the Board of County Commissioners on the 14th day of December, 1999, during Regular Session. WITNESS my hand and the official County Commissioners of Collier County, December, 1999. seal of the Board Florida, this :17t~'~a~of--- DWIGHT E. BROCK Clerk of Courts and .. Olerk,:~:,'~::~>~ County Co issionerS By: Ellie Hof fman, Deputy Clerk