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Ordinance 2006-20 ORDINANCE NO. 06- 20 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSNE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PUD TO RPUD TO BE KNOWN AS THE CARLISLE REGENCY RPUD FOR THE LIMITED PURPOSE OF AMENDING THE PERMITTED PRINCIP AL USES AND STRUCTURES PROVISIONS TO ALLOW SINGLE-FAMILY DWELLINGS --- TO ACHIEVE A HEIGHT OF TWO STORIES NOT TO ~-. EXCEED THIRTY-FNE FEET, ELIMINATE TWO FAMILY ~ : DWELLINGS AND DUPLEXES AND TO MAKE MINOR '--. CHANGES TO THE ORDINANCE FOR PROPERTY:' LOCATED ON THE SOUTH SIDE OF ORANGE BLOSSOM ;" DRNE, IMMEDIATELY EAST OF YARBERRY LANE, IN. SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, , COLLIER COUNTY, FLORIDA, CONSISTING OF 11.7 ACRES; PROVIDING FOR THE PARTIAL REPEAL OF ORDINANCE NUMBER 03-66; AND BY PROVIDING AN EFFECTIVE DATE. ~, , ~. .,) , ,,"_.-,r~ .... ~ i .1 .... ,.., ~ 1 ...:J ") WHEREAS, Curtis Gunther of II Regalo Development, LLC, petitioned the Board of County Commissioners, in Petition Number PUDA- 2005-AR-8745, to change the development standards and to revise the ownership 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 2, Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "RPUD" Residential Planned Unit Development in accordance with the additions and deletions to the Carlisle Regency PUD as reflected in RPUD Document, 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 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 03-66, known as the Carlisle Regency PUD, adopted on December 16, 2003, by the Board of County Commissioners of Collier County Florida, together with any amendments thereto, is hereby repealed only to the extent that the Ordinance is inconsistent with Words stnwk thrO\lgh. are deleted; words underlined are added. Page 1 of2 the additions and deletions set forth in the Carlisle Regency RPUD Document attached hereto, as Exhibit "A". All other provisions of Ordinance Number 03-66 shall remain in full force and effect. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County q'M Commissioners of Collier County, Florida, this day of MQY ,2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY, ~~~....- FRANK HALAS, CHAIRMAN ATTEST: . DWIGHT E. BROCK, CLERK A~ato I i <)nIt'''"' on 1 v Approved as to form and legal sufficiency -yr (; dtl.-u-Oll . ~tLd - iJt./l.t.,l.~ Marj . eM. Student-Stirling 0 Assistant County Attorney PUDA-2005 -AR-8? 45/MZ/sp This ordinance fi:Cd wi!h tl--" f5"~? 0; Stote's OffiCJ 'i'!"' ay ot:1Q,~~,LI l~lp and acknowiedgem~nt crtd!'d filiryg received this ~ ou'/ of Rt<~ . By ~. P.( iJItJ ,...., t: Words s1n!(;)k throHgh are deleted; words underlined are added. Page 2 of2 CARLISLE REGENCY A RESIDENTIAL PLANNED UNIT DEVELOPMENT Prepared for: Ste'.vart Mareas II Regalo Development. LLC 3225 .^.viation l\veFffie, Suite 700 809 Walkerbilt Road Suite No.6 Miami, Florida 33133 Naples, Florida 34110 Prepared by: Kepple Engineering, Inc 3806 Exchange Avenue Naples, FL 34104 Date Filed Date Revised Date Reviewed by CCPC Date Approved by BCC 12-16-03 Ordinance Number 2003-66 EXHIBIT "A" Table of Contents Page Table of Contents List of Exhibits Statement of Compliance Section I Property Ownership and Description Section II Proiect Development Requirements Section III Residential Areas Plan Section IV Development Commitments I II 1 2 4 6 10 ! PUD Master Plan PUD Water Management Plan List of Exhibits Exhibit "A" Exhibit "B" II If "IIi' ,",-'..-~.~- .-" ..._._-"_.."_._.......",-"',,,-"'_..,,....~....,,~, STATEMENT OF COMPLIANCE The development of approximately ll.7+/-acres of property in Collier County, as a Residential Planned Unit Development to be known as the Carlisle Regency RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The residential facilities of the Carlisle Regency RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons. 1. The location of the subject property in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element (FLUE). 2. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the FLUE. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the FLUE. 4. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1 G of the FLUE. 5. The project development is planned to protect the functioning of natural drainage features and natural ground water aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 6. The project is located within the Urban Mixed Use District, Urban Residential Subdistrict. The projected density of 2.99 dwelling units per acre (35 units) is in compliance with the FLUE of the GMP based on the following relationships to required criteria: Base Density Traffic Congestion Area Maximum Permitted Density 4 dwelling units/acre -I dwelling unit/acre 3 dwelling units/acre 7. All final local development orders for this project are subject to Division the Adequate Public Facilities, requirements of the Collier County LDC. 1 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 ofthe Carlisle Regency RPUD. 1.2 LEGAL DESCRIPTION The subject property being 11.7 +/- acres, is located in Section 2, Township 49 South, Range 25 East, and is fully described as: SE 1/4 ofNW 1/4 of SE 1/4, Sec 2, Twp 49, Range 25 E less W 30 feet for R/W 1.3 PROPERTY OWNERSHIP The subject property is owned by: Stev.art Marcl:ls, Trustee 11 Regalo, LLC. 3225 f~~liation Ave. Ste 700 809 Walkerbilt Road # 6 Miami, FL 33133 Naples, FL 34110 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the South side of Orange Blossom Dr. immediately east of Yarberry Lane. B. The project site is currently zoned RSF-l and is proposed to be rezoned to RPUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the Airport Rd. Drainage Basin according to the Collier County Drainage Atlas. The proposed.;- outfall for the project is the Airport Road canal, via the Carlisle Regency PUD detention system Yarberry Lane swale. The peak discharge rate from the design storm will be limited to 0.06 cubic feet per second/acre per Collier applicable County GQrdinance~ No. 90 10. Natural ground elevation is approximately 10.0 feet NGVD!. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. 2 The water management system for the project proposed the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site detention system prior to discharge to the Carlisle Regency RPUD water management system and Airport Road canal. The water management system will be permitted by Collier County in accordance with the South Florida Water Management District (SFWMD) requirements. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation with a peak discharge rate of 0.06 cfs/acre; 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. The site was used as a farm many years ago and the vegetation consists primarily of exotic vegetation with some minimal second growth Slash Pine and Cabbage Palm. 1.6 PROJECT DESCRIPTION The Carlisle Regency RPUD is an age-restricted residential project composed of a maximum of 35 residential units. These residential units are projected to be developed as.;. detached single-family homes or two-family dwellings. Recreational facilities may be provided in conjunction with the dwelling units. Residential land uses, recreational 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. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Carlisle Regency Residential Planned Unit Development Ordinance". 3 SECTION 11 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 the Carlisle Regency RPUD 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 LDC and 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, 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 LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Carlisle Regency RPUD shall become part of the regulations which govern the manner in which the RPUD site may be developed. D. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this RPUD Document, shall remain in full force and effect. E. 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 LDC 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 A maximum of 35 dwelling units shall be constructed in the residential areas of the project. The gross project area is 11.7 +/- acres. The gross density shall be a maximum of 2.99 units per acre. 4 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically- on Exhibit "A", the RPUD Master Plan, which constitutes the required RPUD Development Plan. Any division of the property and the development of the land shall be in compliance with the RPUD Master Plan, Di'/ision 3.2 Subdivisions of the LDC, and the platting laws of the State of Florida. B. The provisions of Di'/ision 3.3 Site Development Plans provisions of the LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in 5at6 Division 3.3 the LDC prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedication to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.1 of the Collier Coanty LDC. B. Temporary sales 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 LDC. 2.6 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-;-~ A. Excavation activities shall comply with the definition of a "ggevelopment Bexcavationll pursuant to Section 3.5.5.1.3 Code of Laws and Ordinances and efthe LDC, whereby off- site removal shall be limited to 10 percent of the total volume excavated but not to exceed 20,000 cubic yards. B. All other provisions of Division 3.5 Excavation of the Land Development Code the Code of Laws and Ordinances and LDC shall apply. 5 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit" A", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the RPUD shall be 35 units. 3.3 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: 1. Single family dwellings (includes zero-lot line). 2. Two family dwellings and duplexes. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, walking paths, picnic areas, recreation buildings, verandas, and shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units, (Sec. 2.5, as applicable). 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities, including those within any natural habitat areas. 6 7. Recreational facilities, such as boardwalks, walking paths and picnic areas within any natural habitat areas. 8. Supplemental landscape planting within natural habitat areas. 9. Any other accessory use deemed comparable by the Community Development and Environmental Services Administrator. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Carlisle Regency RPUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. A minimum distance of twenty:three feet shall be maintained between a front-loaded garage and the inner edge of the sidewalk. 2. If the parcel is served by a non platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. A minimum distance of twenty:three feet shall be maintained between a front-loaded garage and the inner edge of the sidewalk. B. Off Street Parkine and Loadine Requirements: As required by Division 2.3 efthe LDC in effect at the time of building permit application. 7 T ABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) Minimum Lot Width SINGLE FAMILY TWO FAMILY 6,000Sq. Ft. 5,000 Sq. Ft. 50' Interior Lots (1) 90' Interior Lot (1) (45') (2) 60' Comer Lots 110' Comer Lots (55') (2) 20' 20' 23' 23' 20' 20' 0' & 12' or both 6' 0' & 12' or both 6' 20' 20' 10' 10' NA NA NA NA 20' 20' 10' 10' 10' 10' Front Yard Setback Garage (front access) Garage (side access) Side Yard Setback Rear Yard Setback Principal Structure J\ccessory Structure PUD Boundary Setback Principal Structure Accessory Structure Lake Setback Distance Between Principal Structures: Distance Between Accessory Structure: Maximum Height; Principal Building story Accessory Building Minimum Floor J\rea Minimum carport or garage per unit + 2. story with a maximum of 35' + Lstory with a maximum of 35' 20'/Clubhouse 35' 1200 Sq. Ft. 1 car garage 20'/Clubhouse 35' 1100 Sq. Ft. 1 car garage (1) Lot width may be calculated per LOC for cul-de-sac lots. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2 family structure is on an individually platted lot. (3) In no instance shall a buildinq or accessory buildinq encroach into a required landscape buffer. (4) 2 StOry Two-familv structures must maintain a minimum 6 foot side Yard Setback to the property line on both sides. NOTE: Common area pool, clubhouse or recreational amenities setback (all yards): 20 feet 8 c. Open Space/Natural Habitat Preserve Area Requirements 1. A minimum of sixty (60) percent open space, as described in SeCJtion 2.6.32 of the LDC, shall be provided on-site. 2. A minimum of twenty five (25) percent of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.9.5.5.3 of the LDC. D. Landscapin2 and Bufferin2 Requirements: I. Landscape requirements shall be in accordance with the Collier Coanty LDC, at time of permitting. 2. Preservation of existing vegetation on the perimeter of the project will constitute the required landscape buffering, if the existing vegetation meets or exceeds the minimum requirement. 3. l\ minimum of2 canopy trees is required for eaCJh lot. E. Architectural Standards 1. All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include.,. a similar architectural design and use of similar materials and colors throughout all ofthe buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All buildings shall be primarily finished in light~ subdued colors with stucco except for decorative trim. 2. All pole lighting, internal to the project, shall be architecturally designed, limited to a height ofthirty (30) feet. F. Si2ns Signs shall be permitted as described within Division 2.5 efthe Collier County LDC. 9 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 4.2 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, 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 official County LDC shall apply to this project. The developer, his successor and assigns, shall be responsible for the commitments outlined in this aDocument. These developer commitments will be enforced through the provisions agreed to and included in the declaration of covenants and restrictions or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors and assigns, regardless of turnover or not to any property owners' association. The developer, its successor or assignee, shall follow the RPUD Master Plan and the regulations of this RPUD~ 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 Document. 4.3 PUD MASTER PLAN A. Exhibit "A", RPUD 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. Subject to the provisions of Section 2. 7.3.5 of the Collier County LDC, amendments 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 in the project. 10 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A. A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in two f2-t or three f;j phases. B. The landowners shall proceed and be governed according to the time limits pursaant to Section 2.7.3.1 of the Land Development Code set forth in the LDC. C. Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 4.5 ENGINEERING A. This project shall be required to meet all applicable County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of Division 3.2 Subdivision, of the Collier County LDC. 4.6 WATER MANAGEMENT A. The water management system shall be permitted by Collier County in accordance with SFWMD requirements. B. An Excavation Permit will be required for all lakes in accordance with Division 3.5 of the Collier Count)' LDC and SFWMD rules. C. Lake setbacks from the perimeter of the RPUD may be reduced to twenty-five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. 4.7 UTILITIES A. Central water distribution shall be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights-of-way or within utility easements required by the County shall be dedicated to the County for ownership, operation and maintenance purposes. All water facilities constructed on private property and not required by the County to be located within County Utility Easements shall be owned, operated and maintained by the developer, his assigns or successors. Upon completion of construction of the water facilities within the project the facilities shall be tested and inspected to insure they meet Collier County. State and Federal requirements at which time they shall be conveyed to the Collier County Water/Sewer District, when required by the Public works Divisions, Water Department, prior to being put into service. 11 B. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution system shall be reviewed and approved by the Engineering Review Services Department prior to commencement of construction. c. The tie-in to the County Regional Water system shall be made to the existing water main on Orange Blossom Drive. Main sizing on the site shall be determined by Seetion 3.2.8.1.8 of the Collier County LDC. Potable water for fire-flows shall be of sufficient quantity, as determined by the North Naples Fire Control District, for the purpose of fire fighting at the furthest point from the proposed tie-in. D. Utility-stubs for future system interconnects-ions with adjacent properties shall be provided as determined by the Public Works Division and the developer during the design phase ofthe project. 4.8 SEWER A. Sewage collection system shall be constructed throughout the project by the developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposed pursuant to appropriate County QQrdinances and regulations in effect at the time of conveyance. Sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the I}Qeveloper, his assigns or successors. Upon completion of construction of the sewer facilities within the project, the facilities shall be tested and inspected to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Development Services, Engineering Review Section, prior to placing any utility facilities, County owned or privately owned, into service Upon completion of the sewer facilities and prior to issuance of certificates of occupancy for structures within the project" the utility facilities shall be conveyed to the County, when required by Public Warks, pursuant to County QQrdinances and R[egulations in effect at the time conveyance is requested. B. All construction and technical specifications and proposed plats, if applicable, for the proposed sewage collection system shall be reviewed and approved by the Engineering Review Department prior to commencement of construction. 12 4.9 TRAFFIC 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 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. Site-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. D. Road impact fees shall be paid in accordance with Collier County the applicable County Impact Fee Ordinance 01 13, as amended, and Division 3.15 of the LDC, as amended. E. All work within Collier County rights-of-way or public easements shall require a R[ight-of-way Fgermit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as 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 RPUD 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. G. 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. H. 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 responsibility for maintenance of any such facilities. I. 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. 13 J. 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. K. Adjacent developments have been designed to provide shared access or interconnections with this development. The RPUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. L. Prior to issuance of the first CO, the developer shall improve Yarberry Lane to a width of24 feet of paved right-of-way from Orange Blossom Drive to the entrance of the Carlisle Regency RPUD. From the entrance of the Carlisle Regency RPUD to the south property line, the developer shall taper the width of the paving to align with the existing paved right-of-way. 4.10 PLANNING A. Pursuant to Seotion 2.2.25.8.1 of the LDC, 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 shall be contacted. 4.11 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Review Department Staff. B. 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 Environmental Review Staff, C. An exotic vegetation removal monitoring and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Review Department Staff for review and approval prior to final site development plan/construction plan approval. D. Existing native vegetation shall be preserved in accordance with the LDC requirements. 14 mUJ i t. ilj;~ f' .. r f II" ~ I ::..=-= n....-- - .... -=-=- Id n p! ===> ,rfflll' " -II "II ;lIfJi I i Ii: I " 3 . -III' ~ ; i~ I · J ,. 3 "II III ::0 " i .. . a: . .. :::s " - . ~ e: .. I ~ n I .. . c . ~ .:c ~ i' n '. -- .L.._. I~ r- Ex. County '\ f4i Retent on Lake ~ ~ i ~ J T1 Ii r-' -- "0 ;- 'CJ .., .~ !.'.~.,,,~J.".__ .... . .-:.' ..V'l!......: _. exhibit "A" ==> W ft...-y - _ ..... r r { I f . == 10 . 31 I Ex. County Retention Lake '1 EXHIBIT liB.' .. ,,-------- 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 2006-20 Which was adopted by the Board of County Commissioners on the 9th day of May, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 11th day of May, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners llu-u t~~. O'C . By: Ann Jennejohn, Deputy Clerk