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Ordinance 2005-50 -"-'" --.;:::~ lò 9 '\011127:ìi;'. /' tofO'\ .t. ~0)\ 'Ifo_.. ~ ORDINANCE NO. 05 - 50 ~! L OCT. 6) \\ ~~ IEŒIVED~~~~~~~~: =~~R:~~~i:~~~~ \\ ~ <J.!. .OLLIER COUNTY LAND DEVELOPMENT CODE WmCH ~~~~._~ /.~.INCLUDES THE COMPREHENSIVE ZONING REGULATIONS ~'::-______._,,-:';;.,' FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, ---~.,.. FLORIDA TO AMEND THE APPROPRIATE ZONING ATLAS MAP OR MAPS AND CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM THE C-l AND C-2 ZONING DISTRICTS TO THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO BE KNOWN AS "MAC RPUD" WHICH WILL INCLUDE A MAXIMUM OF 86 MULTI-FAMILY RESIDENTIAL HOUSING UNITS LOCATED ON THE NORTH SIDE OF RADIO LANE, EAST OF PALM SPRINGS BOULEVARD, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF lO.76± ACRES; AND PROVIDE FOR AN EFFECTIVE DATE. '"""0 "') "~i' ~ ,-.- .j -'. ':...) "'c'õl.;¡ i"'· '/ ...j petitioned the Board of County Commissioners to change the zoning dassification of the subject real WHEREAS, Tim Hancock, AICP, of Talon Management, Inc., representing MAC ~Jlper~;)nc., ..;..-~.; 't property as part of Petition PUDZ-2004-AR-6207. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the subject real property located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, as described in Section 1.2 of Exhibit "A," the "MAC RPUD" PUD Document, attached hereto and incorporated by reference herein is changed from the C-I and C-2 zoning districts to the PUD zoning district to be known as the "MAC RPUD Planned Unit Development." The appropriate zoning atlas map or maps; as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 27th day of September, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '-t n W. ~ BY: -rLt.IJL FRED W. COYLE, CHAIRM PUDl- 2004-AR-6207/MB Thls-õrarnancë r,reCŸ' wr",' thê Secretary of S~:¡;¡;s Offi<;;~_tlJß ...3-. doy 0 f f2c; ee.. .zJ)(;ð an.d oCknow1edgemen; of that frllIJSJ r ceived this --1L- d of VI r oy By I Patrick. ite Assistant County Attorney MAC RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE MAC PUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: MAC Builders, Inc. 15841 Pines Blvd., #388 Pines, FL 33027 PREPARED BY: Tim Hancock Talon Management, Inc. 3898 Tamiami Trail North, Suite 202 Naples, FL 34103 239-262-6197 DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 'I... ~O- 05 05-.50 " "_._"-'-""-~,"~,,----",.,..,--, TABLE OF CONTENTS LIST OF EXHIBITS AND TABLE Page 3 STATEMENT OF COMPLIANCE Page 4 SECTION I PROPERTY OWNERSHIP & DESCRIPTION Pages 5 - 6 SECTION II PROJECT DEVELOPMENT Pages 7 - 9 SECTION III RESIDENTIAL AREAS PLAN Pages 10 - 11 SECTION IV CONSERVATION / PRESERVE AREA Page 12 SECTION V DEVELOPMENT COMMITMENTS Page 13 - 17 2 .-._.~".._,~.,......_.~..~.. >< -_._---,'>-- LIST OF EXHIBITS AND TABLES EXHIBIT A RPUD Master Plan EXHIBIT B Location Map EXHIBIT C Boundary Survey EXHIBIT D Natural Resources Maps 3 STATEMENT OF COMPLIANCE The development of approximately 10.76 acres of property in Collier County, as a Residential Planned Unit Development to be known as MAC RPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of MAC RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Residential Proiect 1. The subject property is within the "Urban (Urban Mixed-Use District, Urban Residential Sub district) Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The subject property's location in relation to existing or proposed community facilities and services pennits the development's residential density as required in Objective 2 of the Future Land Use Element, specifically under the Conversion of Commercial Zoning designation which pennits a density of up to 16 units per acre (upa). 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 5. The project will comply with Objective 2 and Policy 2.3 of th(~ Future Land Use Element which requires the provision of adequate public facilities. Through the location of this project in the Urban Mixed-Use District, where more intense land uses are directed, compliance is furthered with respect to these policies and objectives. 6. The projected density of 8.0 d.u.'s per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the maximum pennitted density of 16 units per acre for Conversion of Commercial Zoning. The adjacent densities and intensities range from 7 upa to C-4 type uses, so the parcel at 8.0 upa performs a transitional zoning function. 4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 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 MAC RPUD. 1.2 LEGAL DESCRIPTION The subj ect property being 10.76 acres is described as: All of Block I (lots I - 7), Block 3 (lots I - 6 and vacated Calle Del Ray) and Block 5 (lots I - 7 and vacated Calle Del Ray), Palm Springs Plaza, Unit No.1, according to the map or plat thereof as recorded in plat book 8, page 21, public records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is under the ownership of: MAC Builders, Inc. 15841 Pines Blvd., #388 Pines, FL 33027 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in the South 1/2 of Section 34, Township 49 South, Range 26 East, more generally described as the northwest comer of Radio Lane and Palm Springs Blvd. B. The zoning classification of the subject property prior to the date of this approved RPUD Document was C-2 and C-I. 1.5 PHYSICAL DESCRIPTION Surface water management for the project will be designed according to South Florida Water Management District and Collier County design standards. The system will attenuate the 25-year 3-day storm even as well as meet current water quality treatment criteria. 1.6 PROJECT DESCRIPTION The proposed plan of development is for 86 multi-family units to be built on 10.76 acres. The buildings will consist of 2-story town homes and will be grouped in buildings of differing unit counts as identified on the PUD Master Plan. 5 1.7 SHORT TITLE This Ordinance shall be known and cited as the "MAC Residential Planned Unit Development Ordinance.", 6 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 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. 2.2 GENERAL A. Regulations for development of MAC RPUD shall be in accordance with the contents of this document, RPUD-Residential 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 building pennit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all tenns shall be the same as the defmitions set forth in Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of MAC RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. D. Unless modified, waived or excepted by this RPUD the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 6.02.00 Adequate Public Facilities at the earliest or next to occur of either final SDP approval, fmal plat approval, or building permit issuance applicable to this development. 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", RPUD Master Plan. There shall be one land use tract, plus necessary water management lakes and, street rights-of-way, the general configuration of which is generally illustrated by Exhibit A. 7 LAND USE TYPE Multi-Family UNITS 86 PRESERVE AREA COMMON AREA ROADS/ROW MULTI F AMIL Y BUILDINGS 1.3 acres 5.3 acres 1.8 acres 2.3 acres TOTAL: 10.7 acres B. Areas illustrated as lakes by Exhibit A shall be constructed as lakes or, upon approval parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit A. Minor modification to all tracts, lakes or other boundary may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 10.02.05 C and 10.02.12 respectively, of the Collier County Land Development Code or as otherwise permitted by this RPUD document. C. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 86 residential Multi-Family dwelling units shall be constructed in the total project area. The gross project area less acreage devoted to commercial/industrial purposes is 10.76 acres. The gross project density, therefore, will be a maximum of 8.0 units per acre. 2.5. RELATED PROJECT PLAN APPROVAL REOUlREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the RPUD, fmal plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD Development Plan. Subsequent to or concurrent with RPUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the RPUD Master Plan. Any division of property and the development of the land shall be in compliance with Collier County requirements, and the platting laws of the State of Florida. C. The provisions of Chapter 10 of the Collier County Land Develópment Code when applicable shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. 8 D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of the Collier County Land Development Code prior to the submittal of construction plans and a fmal plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACILITIES (See LDC-Sec. 5.04.04) Model units including a sales center shall be permitted in conjunction with the promotion of the development subject to the following: a. One "wet" and 3 "dry" models may be constructed following administrative plat approval or Site Development Plan approval. Models will be located jointly within a single building. b. The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. c. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFP A requirements are required unless a permanent water system is available. A water management plan must be provided which accûmmodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. 2.6. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the RPUD as provided in the Collier County Land Development Code, Section 10.02.12. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.03.06, where applicable. 9 ... ,"·.._,.__"__·~~.<u~. "·~·~·~__"""""_"'''';__··__''_'''_''_Un SECTION III RESIDENTIAL AREAS PLAN 3.1. PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" for Multi-FaDÚly Development. 3.2. MAXIMUM DWELLING UNITS The maximum number of dwelling units allowed within the PUD shall be 86. 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: (1) Multi-faDÚly Dwellings, townhouses. (Apartments as part ofa rental community is not a permitted use). Units will be developed as two and three bedroom units with a den. No four bedroom units will be constructed. B. Accessory Uses: (1) Customary accessory uses and structures, including private garages. (2) May include common recreation amenities. Such uses shall be visually and functionally compatible with the adjacent residences, which have the use of such facilities. 3.4. DEVELOPMENT STANDARDS A. GENERAL: All yards, setbacks, etc. shall be in relation to the individual parcel boundaries or internal rights of way, except as otherwise provided. B. MINIMUM LOT AREA: one acre. C. MINIMUM LOT WIDTH: 100 feet. D. MINIMUM YARDS: For purposes of measuring required setbacks, lots that front on an interior street within the development shall apply the rear yard requirement for the area behind the rear of the principal use building extending to the rear property line, including those lots where the rear property line abuts a public right of way. 10 (1) Front Yard - 25 feet (2) Side Yard - 15 feet (3) Rear Yard - 20 feet (4) Distance between principal structures, including community clubhouse- 25 feet. (5) Setback from preserve or Conservation Area; Principal Structure - 25 feet Accessory Structure - 10 feet ( 6) Minimum distance from any residential structure to an accessory structure such as the pool or clubhouse - 15 feet. E. MINIMUM FLOOR AREA: 750 square feet F. AVERAGE UNIT SIZE: The average size of the residential units within the project shall be no less than 2,000 square feet per unit, inclusive. G. OFF-STREET PARKING AND LOADING REOUIREMENTS Each dwelling unit will have a one or two car garage assigned to it and no more than two additional parking spaces may be located primarily in driveways on front of each unit. Additional parking spaces may be grouped at locations throughout the project to serve other uses such as the clubhouse and pool area, but spaces designated for each unit will only be constructed as indicated above. For all non-residential uses, parking will be calculated as required by Chapter 4 of the Collier County Land Development Code, where applicable in effect at the time of building pennit application. H. MAXIMUM HEIGHT: (1) Principal Structure - 35 feet and 2 stories above the minimum base flood elevation (2) Accessory Structure - 25 feet and 1 stories above the minimum base flood elevation 11 ..."_..,,,.,--,---~,,-- SECTION IV CONSERV ATION/PRESERVE AREA 4.1 PURPOSE ConservationJPreserve Area - The purpose is to preserve and protect native vegetation and naturally functioning habitat in their natural state. 4.2 USES PERMITTED The subject property contains 8.8 acres of existing native vegetation. A total of 1.32 acres, or 15% of the existing native vegetation, must be preserved in accordance with the applicable requirements of the Growth Management Plan and the Land Development Code. The RPUD Master Plan shows for 1.27 acres of native vegetation preserve. The additional preserve area required will be detennined at the time of development order pennitting. Minor adjustments may be made to the boundaries of preserve areas as shown based on pennitting considerations. 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, subject to regional state and federal pennits when required: A. Principal Uses: 1. Passive recIeational areas, boardwalks and recreational shelters; 2. Pervious nature trails; 3. Water management structures; 4. Mitigation areas; 5. Water Management, when pennitted by Collier County. 6. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. 12 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2. 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 RPUD. Except where specifically noted or stated otherwise, the standards and specifications of applicable sections of the Land Development Code shall apply to this project even if the land within the RPUD 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 regulations of the RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 5.3. RPUD MASTER PLAN A. Exhibit A, RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be fmal and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 10.02.12 of the Land Development Code amendments may be made from time to time. Building locations and configurations shown are conceptual and may be altered as to location and size provided they meet the development standards of this document and applicable sections of the land development code. B. 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. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. The proposed plan of development includes commencement of construction in 2005 with a 5-year build out of the project. B. By the time building permits for 50 residential units are issued, the developer agrees to have constructed the swimming pool shown on the RPUD Master Plan. By the time building permits for 75 residential units are issued, the developer agrees to have constructed a clubhouse facility with a small room for exercise purposes as generally shown on the RPUD Master Plan. Any additional recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the Homeowner's Association. The Homeowner's Association by-laws shall 13 include a provision that the creation of a Capital Improvement Fund is mandatory, and every property owner in the development shall become a member of the Homeowner's Association. A description shall be provided for the location of land and facilities to be dedicated to the County, their use and function together with acceptance by County. The plan shall provide a tabulation and location of useable open space and the mechanism for continued separation and maintenance by a private entity. C. Monitoring: Report: An annual monitoring report shall be submitted pursuant to Section 10.02.12 of the Collier County Land Development Code. 5.5. SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICEIREGULA TIONS The roads within the project shall be constructed as private roads within a 50' ROW. 5.6 ENVIRONMENTAL A. This RPUD shall be consistent with the Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. B. This RPUD shall comply with the guidelines for the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to Site/Plan approval. C. All conservation areas shall be designated as tracts/easements with protective covenants. Easements shall be dedicated on the plat to the homeowner's association for ownership and maintenance and to Collier County with no responsibility for maintenance. D. All principal structures shall have a minimum setback of25' from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10- foot setback. E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. F. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifYing methods to address treatment of invasive exotic species, fire management, and maintenance. G. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final site plan/construction plan approval. 14 5.7 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance "with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier county Land Development code (LDC). B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the fIrst CertifIcate of Occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specifIc point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or fmal plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless an RPUD Amendment is to be processed. D. Site-related improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the fIrst CO. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Chapter 74 of the Code of Laws and Ordinances, as it may be amended. F. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifIcations shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsíbi1ity for maintenance of any such facilities. 15 J. If any required turn lane improvement requires the use of existing County right- of-way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. K. If, in the sole opinion of Collier County a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. L. The project will locate its access point along Radio Lane and not Palm Springs Blvd., subject to approval by the Collier County Transportation Department. 5.8 WATER MANAGEMENT This water management for this project will be review and approved by Collier County. 5.9 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model unit. 5.10 SIGNS All signs shall be in accordance with Division 5.06.00 of the Land Development Code. 5.11 POLLING PLACES Pursuant to Section 2.03.06 and 2.04.00 of the Land Development Code provision 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. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 5.12 PLANNING A. The developer shall request nom the County Transportation Division, a temporary construction access permit off Radio Lane. B. The project developer pledges to work with the owners of the Triad PUD and the residents of the Palm Springs neighborhood to construct a fence nom the Northeast comer of the Triad PUD to the County Park at the rear of the community. The residents of the Palm Springs neighborhood will be responsible for securing the necessary permission nom property owners to construct the fence. The developer of the MAC PUD will contribute 50% of the construction cost of the fence or in the absence of participation by the owners of the Triad PUD, the developer of the MAC PUD will construct 50% 16 of the length of the fence. The fence material will be low maintenance concrete panels or other similar materials. C. The developer of the MAC PUD will assist the homeowners of the Palm Springs neighborhood in facilitating the location and construction of a bus stop shelter and bike rack to meet the needs of either the Collier County School Board or Collier County Transportation. D. The developer will work with a committee of residents of the Palm Springs neighborhood and provide them with renderings of the required Type B buffer along Palm Springs Blvd and Radio Lane prior to the submittal of the SDP application to Collier County. 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I -r.III'. ,.i~" ~ I; I (; ~ hIli :¡. Ia! .......,., ..... . i~d~1! S ~ r- I l' I'.' Iii i!l15~.;S1I I ~ Iii C i I I i,. ,. ~ 5i I Ii . i I~ .-- i ... ... , ... ! ,. ... E ¡ ;1 ~ 51 Zi I ... '. .. ". ". ., ... $1 , rTl X I rn -I o _. "-. ----.;,..;.....>... ·n" ,'"" '_. ,.. -...--.. ........ .A"~..... ,,:-;.:....:;'.;;.;~~ " " \ltl···..··.··.'····...'·· . , I: ., o ... - ta :- I: )( w STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-50 Which was adopted by the Board of County Commissioners on the 27th day of September 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of September, 2005. DWIGHT E. BROCK ,..... ."...., Clerk of cour~.$"~~Pd:.~1~k Ex-officio tQ," Rò'ara of·. ',', , ~ ,'.... . .~-.~_ -. J\ ~o nty Commif ~6rierg_: "'::_, ....... ' '" . 0.... ~ '.., '... · ;·::../8/ By Michell~'~r?ì~~1es~:;,~~~':" I" :. .J~·oe . ~'-' ,~_.~ Deputy Clerk".......". .