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Ordinance 2006-06 ORDINANCE 06-06 AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41 AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM THE pUD ZONING DISTRICT TO THE "MpUD" MIXED USE ZONING DISTRICT BY REVISING THE EXISTING PINE RIDGE MEDICAL CENTER pUD DOCUMENT AND pUD MASTER PLAN TO REDUCE THE COMMERCIAL USE TO 10,000 SQUARE FEET, RENOVATE THE EXISTING HOTEL INTO A CONDOMINIUM BUILDING WITH A MAXIMUM OF 64 RESIDENTIAL UNITS AND CHANGE THE NAME OF THE pUD. LOCATED AT 1100 PINE RIDGE ROAD, IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, LOT 51, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.02:t ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 95-52, AS AMENDED, THE FORMER PINE RIDGE MEDICAL CENTER PUD; AND PROVIDE FOR AN EFFECTIVE DATE. -, 1-", ro",; "-'~ ~ ~ . ) -" WHEREAS, Michael Fernandez of Planning Development Inc., representing Grand Inn of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification of the subject real property, pursuant to Petition PUDZ-A-2005-AR-7403; 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 15, Township 49 South, Range 25 East, Lot 5 I, Collier County, Florida, is changed from the pUD zoning district to the "MpUD" Mixed Use zoning district by revising the existing Pine Ridge Medical Center PUD Document and pUD Master Plan to reduce the commercial use to 10,000 square feet, renovate the existing hotel into a condominium building with a maximum of 56 residential units and change the name of the PUD, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-1, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 95-52, as amended, known as the Pine Ridge Medical Center pUD, adopted on October 10, 1995, by the Board of County Commissioners of Collier County, is hereby repealed and replaced in its entirety. SECTION THREE: State. This Ordinance shall become effective upon filing with the Florida Department of PASSED AND DULY ADOPTED by supe11Ijajority vote of the Board of County Commissioners of Collier County, Florida, this jll/~;r of ~71t/ A/'/ ,2006. ATTEST: .. DWIGHI E;:SROCK, CLERK . . . . , BOARD OF COUNTY CO ISSIONERS COLLIER COUNTY, FLORIDA , . q~';O;Q &I~tldD ,il" C Attlstu . B1a1rQ#~K ligillt~,;~l y. BY: ~~~ FRAN ALAS, HAl M N PUDZ-A-2005_AR -7403/MB/sp This ordinance fi led with the ~~ry o~trs Of22oote ~doyo , and ocknowleage~er61t that fili eived \t1l _ day of ~ , EXHIBIT "A" PINE RIDGE MIXED-USE CENTER A Planned Unit Development REGULATION AND SUPPORTING MASTER PLAN GOVERNING PINE RIDGE MIXED-USE CENTER. A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: Grand Inn of Naples, Inc. 1100 Pine Ridge Road Naples, Florida 34103 PREPARED BY: Michael R. Fernandez, AICP PlanninCl Development Incorporated 5133 Castello Drive Suite 2. Naples. Florida 34103 239.263.6934/239.263.6981fax PDI MRF @ aol.com ORIGINAL DOCUMENT DATE REVISION DATE DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 03/18/05 06-24-05 11/17/05 01/24/06 2006-06 1995-52 TABLE OF CONTENTS PAGE THRU PAGE .':" ::::XHIBITS AND TABLES ::JiENT OF COMPLIANCE iii iv iii iv - - - ,,)N )ROPERTY OWNERSHIP & DESCRIPTION 1-1 1-3 ~ROJECTDEVELOPMENT 2-1 2-4 cilXED-USE DEVELOPMENT COMMITMENTS 3-1 3-3 JEVELOPMENT COMMITMENTS 4-1 4-3 EXHIBIT "An EXHIBIT "Bn TABLE I LIST OF EXHIBITS AND TABLES PUD Master Plan Location Map Land Use Table Paqeiii STATEMENT OF COMPLIANCE . ~jelopment of approximately 4.02 acres of property in Collier County, as a Planned Unit ~::::ment to be known as Pine Ridge Mixed Use Center will be in compliance with the goals, . Ties and policies of Collier County as set forth in the Growth Management Plan. The -.Ise residential and commercial development of Pine Ridge Mixed Use Center will be o;~,ent with applicable comprehensive planning objectives of each of the elements of the ; -, Management Plan for the following reasons: The subject property is located in an area identified as an Activity Center in the Growth :.;1anagement Plan for Collier County. "'ctivity Centers are the preferred locations for the concentration of commercial, high- Jensity residential and mixed-use development activities. Tile subject property is located on Pine Ridge Road with the main access to the :evelopment aligned with a directional median serving the subject property and a secondary and minor access from the south off of Castello Drive. This strategic location jllows the site superior access for the placement of mixed-use activities. -he project development utilizes creative land use planning consistent with Policy 5.3 of he Future Lane Use Element. -he project development is consistent with Policy 5.3 for the reason that it minimizes the ~st of community facilities by confining urban intensity development to areas designated s Urban. The project is compatible with adjacent land uses through the internal :rcangernent of structures, the placement of landscape buffers, and the proposed ."velopment standards contained herein. -:ie project development is a mixed-use development and utilizes innovative land :"velopment techniques consistent with Policy 5.6 of the Future Land Use Element. -'-,e project development provides interconnection to adjacent local streets consistent mh Policy 7.3 of the Future Land Use Element. -le proposed residential density of 14 units per acre is consistent with the Mixed Use -<;:ivity Center Subdistrict which provides for mixed use development with up to 16 units '~r gross acre. :bject Property Area is 4.02 acres x 14 units per acre = 56 dwelling units maximum. - le project will be served by a complete range of services and utilities as approved by '] County. Water and sewer utilities are provided by the City of Naples. "inal iocal development orders for this project are subject to the Collier County eJuate Public Facilities Ordinance. Page iv SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the location and ownership of property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Ridge Mixed Use Center. 1.2 LEGAL DESCRIPTION The subject property being 4.02:t acres, is described as: A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to map thereof recorded in Plat Book 2, Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: Commence at the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section 662.3 feet; thence run Southerly for 15 feet to the Northwest corner of the East half (E1/2) of West half (W1/2) of said lot 51 to the point of beginning: thence run South along the West line of said East half (E1/2) of the West half (W1/2) for 316.5 feet mere or less to the South line of said lot 51: thence run East along said South line for 150 feet; thence run North parallel to said West line of the East half (E1/2) of the West half (W1/2) for 316.5 feet more or less to a point on the North line of said Lot 51; thence run West along said North line for 150 feet to the point of beginning: being West 150 feet of said East half (E1/2) of the West half (W1/2) of Lot 51, less and except the North 10' thereof. East 150 feet of the West 300 feet of the East half (E1/2) of the West (W12) of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARM, a Subdivision according to the Plat thereof, as recorded in Plat Book 2, at Page 2, in the Public Records of Collier County, Florida, less and except the Northerly 15' thereof. A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to a map or plat thereof as recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: From the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section for 662.3 feet: thence run Southerly for 15 feet to the Northwest corner of the East half (E1/2) of the West half (W1/2) of said Lot 51, thence run Easterly along the North line of said Lot 51 for 375 feet to the point of beginning of the lands hereby conveyed. From said point of beginning run South, parallel to the West line of said East half (E1/2) of the West (W1/2) for 316.5 feet more or less to the South line of said Lot 51, thence run East along said South line for 75 feet, thence run parallel to said West line of the East half (E1/2) of the West half (W1/2) for 316.5 feet more or less to a point on the North line of said Lot 51: thence run West along Page 1-1 said North line for 75 feet to the point of beginning, being the East 75 feet of the West "-50 feet of said East half (E 1 /2) of the West half (W 1 /2) of Lot 51. South 105 feet of the East 125 feet of the West Y, of Lot 51, NAPLES IMPROVEMENT ':;OMPANY'S LITTLE FARMS as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida. East half (E1/2) of the West half (W1/2) except the East 125 feet and except the West 450 feet of Lot 51 less the North 15 feet for right-of-way, Lot 51 NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. East 75 feet of the West 375 feet of the East half (E1/2) of the West half (W1/2) of Lot 51 less the North 15 feet for right-of-way, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Fiorida. PFWPERTY OWNERSHIP The Property is owned by Grand Inn of Naples, Inc., Michael Kessous (contact) and is flereinafter called "applicant or developer". 3ENERAL DESCRIPTION OF PROPERTY AREA A. The property is located in Section 15, Township 49 South, Range 25 East. The Property consists of approximately 4.02 acres and is located approximately 740 feet from the southeast corner of U.S. 41 and P;ne Ridge Road and off and south of Pine Ridge Road. The Property currently supports a 105-room hotel, an 8,000:t square foot restaurant and approximately 30% or 1.2 acres of open space. 3. The zoning classification of the Property prior to the date of this approved PUD Document was PUD. ~'-iYSICAL DESCRIPTION -he Property has the following designation relative to flood - FEMA FIRM Flood Zone X: 1rea of 500-year flood or area of 100-year flood with expected average depth of less han 1 foot: and areas protected by levees from 100-year flood. Community-Panel lL;mber 120067 0383 E: Map Revised August 3,1992. =~OJECT DESCRIPTION -"e Ridge Mixed Use Center is a proposed mixed-use center, which will support a 'axlmum intensity of development not to exceed commercial square footage of 10,000 ~'_Iare feet and 14 residential dwelling units per acre. Page 1-2 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Mixed Use Center Planned Unit Development Ordinance." Page 1-3 SECTION II PROJECT DEVELOPMENT :lURPOSE The purpose of this Section is to delineate and generally describe the project's plan of jevelopment, relationships to applicable County ordinances and other project relationships. GENERAL ,1,. Regulations for development of Pine Ridge Mixed Use Center 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 (LDC) and Growth Management Plan (GMP) 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 (if required), Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide development standards then the provisions of the most similar district in the 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 time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of Pine Ridge Mixed Use Center shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD document or associated exhibits, 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 PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Chapter 6, Section 6.02.00 Adequate Public Facilities of the Land Development code at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. . "SCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan, including access locations, is illustrated graphically by Exhibit "A" PUD Master Plan. There shall be one (1) general mixed-use tract. Page 2-1 TABLE I: PINE RIDGE MIXED USE CENTER ESTIMATED LAND USE SUMMARY TYPE UNITS / SQUARE FOOTAGE ACREAGE MIXED USE Commercial/Restaurant 56 multi-family units * 10,000 4.02:t Exhibit "An is a PUD Master Plan and is an illustrative preliminary development plan. Design criteria and layout illustrated on this supporting exhibit shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the Project Development, as set forth in this document. .One unit of the approved 56 multi-family units must remain dedicated as a care takers residence for the duration of the project, unless amended by the Board of County Commissioners through the customary PUD amendment procedure. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A mixed use center with a maximum intensity of development which shall not exceed 56 multi-family units and 10,000:t square feet maximum of commercial/restaurant. The gross project area is 4.02:: acres. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida as may be applicable. B. Exhibit "An, PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Chapter 4, Section 4.03.00 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Chapter 10 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Chapter prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. Page 2-2 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code Chapter 4. - ,- . The developer will make a contribution to the County's Affordable Housing Fund, per the provisions of such contributions, in the amount of $1,000 per unit within 60 days of the approval of the MPUD. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code Section 10.02.13. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area 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 ,Jrovide appropriate legal instruments for the establishment of a Property Owners Association or another appropriate entity 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 10.01.13.L. LANDSCAPE BUFFERS, FENCES AND WALLS L.andscape buffers, fences and walls are generally permitted as a principal use throughout the Pine Ridge Mixed Use Center. The following standards shall apply: ,~. Landscaping slopes shall have the following maximum side slopes: 1. Grassed slopes 3: 1 2. Ground covered slopes 2:1 3. Rip-Rap slopes 2:1 4. Structural walled changes in elevation - vertical The above slopes are maximums and require Staff review and approval of individual applications where such maximum slopes exceed LDC Standards. .,ENERAL PERMITTED USES -::ertain uses shall be considered general permitted uses throughout the Pine Ridge 'lixed Use Center PUD. General Permitted Uses: 1. Essential services as set forth under Collier County Land Development Code Section 2.01.03. 2. Water management facilities and related structures. Page 2-3 3. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Page 2-4 SECTION III MIXED USE DEVELOPMENT STANDARDS :>URPOSE The purpose of this Section is to set forth the regulations for the Property designated on ::::xhibit "A", PUD Master Plan, as "Mixed-Use". i'Jo building or structure, or part thereof, shall be erected, altered or uses, or land or Nater used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi-family 2. Restaurant(s) without a drive through. Permitted Accessorv Uses and Structures ~ ~. 1. Accessory uses and structures customarily associated with the uses permitted in the above districts. 2. Covered parking structures/garages. ~::::\jELOPMENT STANDARDS: Lot Area: 10,000 square feet . Lot Width: 100 feet Maximum Buildinq Heiqht & Setback Requirements: 1. Primary structures: project boundaries: Max. Bldg. Height Setbacks Requirements Front (East) Side (West) Side Rear 25 ft 35 ft 45 ft 25 ft 25 ft 35 ft 25 ft 50 ft 75 ft 25 ft 25 ft 35 ft 25 ft 50 ft 75 ft 2. Setback requirements for primary structures: interior boundaries: the greater of 10 feet or half the height of the structure. Page 3-1 3. Setback requirements for covered parking and/or garage accessory structures: 15 feet: except from Pine Ridge Road which requires a 20 foot setback. D. Distance Between Principal Structures: A minimum of half the sum of the height of the structures, unless attached, then none. E. Maximum Heiqht of Covered Parkinq: Twelve (12) feet. F. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. G. Landscapinq: As required in the LDC unless specified herein. All trees within buffers adjacent to right-of-way shall be installed with a County Staff approved deep root system. 1. The following buffers are considered to meet or exceed LOC required buffers: a. PUO Type "0.1" Landscaped Buffer: This buffer shall have an overall width of 20 feet. The public sidewalk has been displaced from public right-of-way to within the subject property where practical. This has provided desirable landscaped separation between sidewalk and the roadway curb. The width of the displaced sidewalk is included within the width of this buffer. Tree and hedge installation shall meet the requirements of the LDC Type D buffer. b. PUD Type "B.1" Landscaped Buffer: LDC Type B tree and hedge requirements in addition to a masonry wall/fence or prefabricated concrete wall/fence shall be provided: except that the spacing of the shade trees, shall be 15 feet and the trees shall have a minimum height at installation of 12 feet. c. PUD Type "B.2" Landscaped Buffer is required where the subject property abuts commercially zoned property: LOC Type B tree and hedge requirements in addition to an integrated green or black vinyl coated chain link fence shall be provided: except that the spacing of the shade trees shall be 20 feet and the trees shall have a minimum height at installation of 10 feet. Page 3-2 2. In order to facilitate the potential retention of existing trees, no water management or no new lines of continuous utilities shall be developed within the required buffers. H. Landscapinq for Off-Street Parkinq: In order to facilitate the retention of existing trees, rows of parking may contain more than ten (10) parking spaces uninterrupted by a landscaped island provided that an average of ten (10) or less spaces is maintained within the overall development. I. Open Space Requirements: Thirty (30) percent of the acreage of the PUD. This acreage may include the development of open space plaza features inclusive of water elements, and decorative pedestrian walks and seating areas enhanced by landscaping. ,j. Liqhtinq: The maximum height of parking lot and site lighting fixtures shall be 16 feet and installed and located in a manner so that light shall shielded from residentially zoned area. No neon lighting shall be visible from the exterior of the project. '<. Parkinq: Each unit shall provide 2 parking spaces per unit. Page 3-3 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 GENERAL All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, or successor ordinance, shall apply to this project. 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 PUD 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. 4.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. 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 on the Property. 4.4 ENVIRONMENTAL A. This PUD 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. 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. Page 4-1 C. This PUD is required to maintain 10,541 square feet of preserve /mitigation and these areas shall minimally meet the development standards permitted by SDP- 147. D. A Preserve Area Management Plan shall be provided to Environmental Review Staff for approval in the first subsequent application for SDP Amendment or new SDP after approval of this PUD. The Plan shall delineate location of the provided 10,541 square feet (of preserve/mitigation and shall identify methods to address treatment of invasive exotic species, fire management, and maintenance. 4.,; TRANSPORTATION J. A.. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devises (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code (LDC). 5. 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). (' ~. Access points, including both driveways and proposed streets, shown on the PUD 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 final 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 a PUD Amendment is to be processed. Site related improvements (as opposed 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. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and Division 3.15.LDC, as it may be amended. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. 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 Page 4-2 .... or close any median opening existing at the time of approval of this PUO 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 County shall have no responsibility for maintenance of any such facilities. 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 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. A sidewalk connection will be made from Castello Drive to the sidewalk at the handicap parking area. 4.6 MONITORING REPORT AND SUNSET PROVISIONS A. The Pine Ridge Mixed Use Center PUD shall be subject to the Sunset Provisions of Chapter 10, Section 10.02.13.0 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant To Chapter 10, Section 10.02.13.0 of the Collier County Land Development Code.. 4.7 POLLING PLACES Pursuant to Chapter 4, Section 4.07.06, Provision of Polling Places, of the Land Development Code, provision shall be made for the future use of building space within common areas (if provided) for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of Circuit Court of Collier County, which shall be binding upon any and all successors. in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 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IUlRIDl .:uttlS' ---..-- -- PVD JlAS1'ER PLAN EXHIBl'l -A- - _"lIIP'_~ -ur~- --- -- """,n_ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk af Caurts in and far the Twentieth Judicial Circuit, Callier Caunty, Flarida, do. hereby certify that the faregaing is a true and carrect capy af: ORDINANCE 2006-06 Which was adapted by the Baard af Caunty Cammissianers an the 24th day af January, 2006, during Regular Sessian. WITNESS my hand and the afficial seal af the Baard af Caunty Cammissianers af Callier Caunty, Flarida, this 25th day af January, 2006. DWIGHT E. BROCK.. ..... . Clerk af Caurts and"Clerk Ex-afficia to. Board, of ..'. Caunty Cammlssicners .,. ~~ O.~~~,[J~ By: Heidi R. Rackholq., Deputy Clerk......",.,