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Ordinance 2003-03ORDINANCE NO. 03- 0 3 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102~ THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICI~=~ INCLUDES THE COMPREHENSIVE ZONING REGULATION~ FOR THE UNINCORPORATED AREA OF COLLIER COUNT'~ FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MP~_~ NUMBERED 8634S; BY CHANGING THE ZONIN~ CLASSIFICATION OF THE HEREIN DESCRIBED REA-~ DEVELOPMENT KNOWN AS THE MISSION HILLS PUD.'~:'' LOCATED AT THE NORTHWEST CORNER OF VANDERB~_~T BEACH ROAD (C.R. 862) AND COLLIER BOULEVARD (C.R. 951), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 33.45+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L Hoover, Hoover Planning and Development, Inc., representing the Vanderbilt Beach Road Land Trust, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A", Rural Agriculture and "PUD", Planned Unit Development to "PUD" Planned Unit Development in accordance with the Mission Hills PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8634S 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 tL~ day of : ~'"' 'NI "~t~i' ~',~ ' ~'' ; . ~_:. aji ':,,~ -, ;:~ .-.,: D E~ROG" ~E Approved as to Fora and Legal Sufficiency Ma0orie M. Student Assistant Coun~ A~omey ,2003. BOARD OF COUNTY C~}MMISSIONERS HAm AN Tl~is ~rdin~n~e f~Te~T ~w~ Secre~ry of .~ate's Office a~ ~owledgement of that filing ~eived this ~ of ~u ~ . ~pu~ Clerk PUDZ-0 I-AR-1749/RB/Io MISSION HILLS PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: MARK L. LINDNER, TRUSTEE NAPLES REALTY SERVICES, INC. 4980 N. TAMIAMI TRAIL, 2ND FLOOR NAPLES, FLORIDA 34103 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 and ROBERT J. MULHERE, AICP RWA, INC. 3050 N. HORSESHOE DRIVE, SUITE 270 NAPLES, FLORIDA 34104 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 N. TAMIAMI TRAIL, SUITE 300 NAPLES, FLORIDA 34103 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER November 13, 2001 January 14, 2003 November 21, 2002 January 14, 2003 EXHIBIT "A" TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL AREAS PLAN SECTION IV PRESERVE AREA PLANS SECTION V DEVELOPMENT COMMITMENTS PAGE i ii 1 2 4 6 11 12 EXHIBIT "A" EXHIBIT "B" LIST OF EXHIBITS PUD MASTER PLAN PUD UTILITIES/WATER MANAGEMENT PLAN iii STATEMENT OF COMPLIANCE The development of approximately 33.45_+ acres of property in Collier-County, as a Planned Unit Development to be known as Mission Hills 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 commercial facilities of the Mission Hills PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict land use designation as identified on the Future Land Use Map and as described in the Vanderbilt Beach/Collier Boulevard Commercial Sub-District of the Urban - Mixed Use District in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area and this PUD complies with the commercial development standards within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. The subject property's location in relation to existing or proposed community facilities and services permits the development's commercial intensity as described in Objective 2 of the Future Land Use Element. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policy 3.1.G of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 1.1 1.2 1.3 1.4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE 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 project name of Mission Hills PUD. LEGAL DESCRIPTION The subject property being 33.45_+ acres, is located in Section 34, Township 48 South, Range 26 East, and is fully described as: The North half of the Southeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the easterly 100 feet for C.R. 951 right-of-way. The South half of the Southeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the easterly 100 feet for C.R. 951 right-of-way and less the southerly 145 feet for Vanderbilt Beach Road right-of-way. PROPERTY OWNERSHIP The subject property is owned by: The Vanderbilt Beach Road Land Trust, c/o Mark L. Lindner, Trustee, Naples Realty Services, 4980 N. Tamiami Trail, 2nd Floor, Naples, Florida 34103. GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located at the northwest corner of Collier Boulevard and Vanderbilt Beach Road (unincorporated Collier County), Florida. The southern portion of the site is zoned Rural Agricultural and the northern portion is zoned PUD, Golden Pond, as approved by Collier County Ordinance No. 98-35. 1.5 PHYSICAL DESCRIPTION 1.6 1.7 The Project site is primarily located within the Harvey Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the Project is to the west of Collier Boulevard into a new swale that would transfer the stormwater to the Vanderbilt Canal. Natural ground elevation varies from 11.2 to 13.6 NGVD; average site elevation is 12.6 NGVD. The entire site is located within FI:MA Flood Zone "X" with no base flood elevation specified. The water management system of the Project will include the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge into a swale along the west side of C.R. 951 and then into the Vanderbilt Canal. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this Project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is #2 - Holopaw Fine Sand, Limestone Substratum. Site vegetation consists predominantly of pine flatwoods, pine-cypress, cypress forest and woodland with a mix of different vegetation types. PROJECT DESCRIPTION The Mission Hills PUD is a project comprised of 33.45 acres designated for commercial land uses and limited to a maximum of 200,000 square feet of gross leasable area. Commercial land uses and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be known and cited as the "Mission Hills Planned Unit Development Ordinance". 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 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 Eo Regulations for development of the Mission Hills PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the 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 time of building permit application. All conditions imposed and graphic material presented depicting restrictions for the development of the Mission Hills PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities 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 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES 2.4 2.5 2.6 Commercial uses are limited to 33.45 acres with a maximum of 200,000 square feet of gross leasable area. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Ao The general configuration of the land uses are illustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, 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. Co Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. SALES/RENTAL FACILITIER Temporary sales/rental trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAl The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. 3.1 3.2 3.3 SECTION III COMMERCIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Commercial Areas as shown on Exhibit "A", PUD Master Plan. GENERAL DESCRIPTION Areas designated as Commercial Areas on the PUD Master Plan are intended to provide a variety of commercial, financial, health, and office uses. Commercial Areas are limited to a maximum of 33.45 acres with a maximum gross leasable area of 200,000 square feet. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: Amusement and Recreation Services (groups 7911, 7991, 7993 only for indoor video game arcade and indoor coin-operated amusement machine, 7999 only for bicycle rental, ice skating rink operation, indoor slot-car track, miniature golf course, golf driving range, and golf pitch-n-putt). 2. Apparel and Accessory Stores (groups 5611 - 5699). Auto Supply Stores (group 5531), Convenience Food Stores with gas pumps (group 5411) and Gasoline Service Stations (Group 5541 Automobile Service Stations only, with services and repairs as described in Section 2.6.28 of the Collier County Land Development Code and excluding Truck Stops - Retail. Diesel pumps may only be provided for automobiles, motor homes, and trucks of I ton or less capacity.) Auto Rental Services and Car Washes (groups 7514, 7521, 7542 only for automobiles and trucks of 1 ton or less capacity, 7549 lubricating service and window tinting both only for automobiles and trucks of 1 ton or less capacity). o 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Building Materials, Hardware and Garden Supplies (group 5231 - 5261). ' Business Services (grOups 7311, 7313, 7322 - 7338, 7361, 7371 - 7379, 7384, 7389 only for service of fire extinguishers, interior decorating/design, mapmaking, notary public, paralegal service, Postal Service contract stations, and swimming pool cleaning/ maintenance). Depository and Non-Depository Institutions (groups 6021-6199). Eating Places (group 5812) and Drinking Places (group 5813 only cocktail lounges and on-premise consumption of beer, wine and liquor, in conjunction with a restaurant.) Drinking Places are subject to the Iocational restrictions described in Section 2.6.10 of the Land Development Code. Educational Services (groups 8211 - 8249 (no regional libraries). Food Stores (groups 5411 - 5499). General Merchandise Stores (groups 5311 - 5399). Health Services (groups 8011 - 8049, 8082, 8092, 8099). Holding and Other Investment Offices (groups 6712 - 6799). Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). Insurance Carriers, Agents, Brokers, and Services (groups 6311 - 6399, 6411). Legal Services (group 8111 ). Membership Organizations (groups 8611,8621, 8641 - 8661 ). Miscellaneous Repair (groups 7622, 7629, 7631, 7699 but only bicycle repair, camera repair, lawn equipment/lawnmower repair, lawn/garden tractor repair, locksmiths, luggage repair, medical/ dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). Miscellaneous Retail (groups 5912, 5921, 5932 (antiques only), 5941 - 5949, 5961, 5962, 5992 - 5999 (except auction rooms, 7 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). (The sale of swimming pool accessories and supplies is allowable under 5999, but not the sale of swimming pools.) Motion Picture Theaters and Video Tape Rental (groups 7832 and 7841). Museums and Art Galleries (group 8412). Personal Services (group 7212 dry-cleaning and laundry pickup stations only, 7215, 7221 - 7291, 7299 (only car title and tag service, diet workshops, tuxedo rental, massage parlor, and tanning salon). Professional Offices, Research, and Management Consulting Services (groups 8711 - 8743, 8748). Public Administration (groups 9111 -9199, 9221 9222, 9311 - 9661). ' Real Estate Agents and Managers (groups 6512, 6531 - 6552). Security and Commodity Dealers (groups 6211 - 6289). Social Services (groups 8322 (only adult day care services, counseling services, and senior citizens associations), 8351). Travel Agencies (group 4724). Veterinary Services (group 0742 for household pets only and without any overnight boarding or outside kennels). Any other use which is comparable in nature with the foregoing list of, permitted principal uses, as determined by the Board of Zoning Appeals (BZA). ..Accessory Uses: 1. Uses and structures that are accessory Permitted Uses within this PUD Document. and incidental to the 3.4 Drinking Places (group 5813 only cocktail lounges and on-premise consumption of beer, wine, and liquor in conjunction with a restaurant.) Caretaker's residences subject to Section 2.6.16 of the Collier County Land Development Code. DEVELOPMENT STANDARDS Co Minimum Lot Area: Ten thousand (10,000) square feet. Minimum Lot Width: One hundred (100)feet. Minimum Yards: (1) Principal structures: (a) Front Yards - Twenty-five (25) feet. (b) Rear Yards - Fifteen (15) feet. (c) Side Yards - One-half (1/2) the building height as measured from the closest exterior building wall with a minimum of fifteen (15) feet. (d) PUD Boundaries - One (1) foot for each foot of building height except for three (3) story financial/office buildings that shall be set back a minimum of fifty (50) feet. (2) Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application. Distance Between Principal Structures on the Same Parcel: One-half the sum of the building heights measured by the closest exterior building walls with a minimum of fifteen (15) feet. E. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. F. Maximum Heiqht: Office and financial service uses are limited to three (3) stories and forty- two (42) feet and retail uses are limited to one (1) story and forty-two (42) feet. G. Off-Street Parkinq and Loadin.q Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. H. Bufferinq Requirements: A minimum twenty (20) foot wide Type "D" Buffer shall be provided along both Collier Boulevard and Vanderbilt Beach Road, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. I. Si.qns Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code. ]0 4.1 4.2 PURPOSE SECTION IV PRESERVE AREAS PLAN The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A," PUD Master Plan, as may be amended pursuant to Section 5.3. Any approvals to remove native vegetation in the Preserve Areas shall be conditional upon having a remaining minimum of 4.21 acres of native vegetation on-site. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved after Current Planning Section Staff review. All supplemental plantings within the Preserve Areas shall be 100% indigenous native species. Any other use deemed comparable in nature by the Planning Services Director. 5.1 5.2 5.3 SECTION V DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the Collier County Land Development Code 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 follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. PUD MASTER PLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Final configuration and acreages of Preserve Areas shall be based on jurisdictional agency determinations, and modification of said preserve boundaries shall be permitted during final plat/site development plan review. 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 insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 5.5 5.6 5.7 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is expected to be completed in one (1) or two (2) phases. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. Monitorinq Report: pursuant to Section Code. An annual monitoring report shall be submitted 2.7.3.6 of the Collier County Land Development ENGINEERING Ao This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. WATER MANAGEMENT A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way Permit, and SFWMD Discharge Permit shall be submitted prior to Final Site Development Plan Approval. An Excavation Permit will be required for any proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD rules. Do Lake setbacks from the perimeter of the PUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. UTILITIES Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, ]3 5.8 constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. TRAFFIC All traffic control devices used must be in accordance with the Standards adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes -Chapter 316 Uniform Traffic Control Law. Bo Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting shall be in place prior to the issuance of the first permanent Certificate of Occupancy. External and internal improvements determined by Collier County Transportation staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. Said improvements will be in place prior to the issuance of the first Certificate of Occupancy. Do Road impact fees will be paid in accordance with Collier County - Ordinance 01-13, as amended. Eo All median openings and driveway locations must be in accordance with the Access Management Policy, as amended, unless otherwise approved by the Transportation Planning Department Director or the Collier County Board of Commissioners. Additionally, an access agreement shall be executed in accordance with Subsection 3.2.4.11.4 of the LDC. Median access and control will remain under the County's authority. The County reserves the right to modify or close all median openings that have been determined by the Collier County Transportation Department Staff to have an adverse effect on the adjacent Collier County roadway relevant to operational circulation, safety conditions, or safety concerns. Roadway interconnections to the adjacent properties may be required by Collier County Transportation Department Staff, as a condition of site development plan approval. The developer, along with neighboring property owners, shall be responsible to pay the cost of a traffic signal system at any development entrance, including both ends of the loop road, when a traffic signal is determined to be warranted and approved by Collier County. Upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of a warrented traffic signal it shall be turned over 14 Jo (for ownership) to Collier County, and will then be oPerated and maintained by Collier County Transportation Operations. The development shall be'designed to promote the safe travel of all roadway users, including bicyclists, and will provide for the safety of pedestrians crossing said roadways. Pedestrian travel ways shall be separated from vehicular traffic areas in accordance with recognized standards and safe practices, as determined by Collier County Transportation Department staff. When ingress and egress improvements are determined, as necessary, right-of-way and compensating right-of-way will be provided for and in conjunction with said improvements. All work within the Collier County right-of-way shall meet the requirements of Collier County - Ordinance No. 93-64. All internal access ways, drive aisles, roadways, etc., not located within County right-of-way shall be privately maintained by an entity created by the developer, its successor in title, or assigns. Prior to the issuance of the first Certificate of Occupancy, the developer shall construct a public roadway (loop road) extending from the project's northern access onto Collier Boulevard to the project's western access onto Yanderbilt Beach Road, that is located about 200 feet west of the project's western boundary, The loop road shall be designed to a minimum 30 miles per hour design speed and the layout is conceptually shown on the PUD Master Plan. The construction costs of the loop road will not be eligible for impact fee credits but the developer of the roadway may be able to privately negotiate "fair share" payments or reimbursements from neighboring property owners. The developer may pull building permits for Phase 1, consisting of up to 150,000 square feet of gross leasing area, upon receiving all necessary permits and approvals. The developer may pull building permits for Phase 2, consisting of the gross leasing area in excess of 150,000 square feet but not exceeding 200,000 square feet, but shall not receive certificates of occupancy or certificates of completion until the widening projects for both Collier Boulevard, between Golden Gate Boulevard and Immokalee Road, and Vanderbilt Beach Road, between Airport Road and Collier Boulevard are complete. 5.9 PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.10 ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and Collier County wetland rules. 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 covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Staff. Do 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 Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. Any perimeter berms, shall be entirely outside of all upland and wetland preserve areas. Fo A minimum of 4.21 acres of native vegetation shall be preserved on-site, including all 3 strata, and emphasizing the largest contiguous area possible. The PUD Master Plan does not identify any of this acreage. The remaining acreage (a minimum additional 4.21 acres) shall be identified on the site plan, at the time of the next development order submittal. If mitigation plantings will be used to make up any of the acreage, the landscape plans with mitigation-sized plantings (in accordance with Section 3.9.5.5.3 of the Collier County Land Development Code) shall also be submitted at that time. l? im ~ l, Iff' ~"m~ 'ii Iii ~ I~ ![, III ti I I' II ' !l : ~: , ~' ] ' ill l[{ l :i ~ : m[[ Il{Ill l l, { l: l: ~,, i ,, { U,, I{i { ii :,i I :1 il`: ~ ,B::t:: Il: ' '.-'~' [ ii 4i : J : t {iiiII I I 'lilq MISSION HILLS DA~SON ~~~, ~C. _ ~.~ .... ~ ' ' 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. 2003-03 Which was adopted by the Board of County Commissioners on the 14th day of January, 2003, during Regular Session. WITNESS my hand and the official seal of the Board County Commissioners of Collier County, Florida, of January, 2003. DWIGHT E. BROCK Clerk of Courts/a~d~c~.erk Ex-officio to :IEoard .of- County Commi s~-~ ~'~s c_; f'~ ,' By: Patrzc~a,~ .,,,~or.gan ~, Deputy Cle-r~