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Ordinance 98-049 ORDINANCE NO. 98- 49 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR ~ ~/THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA · ~ BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER ~'~~ 9634N; BY CHANGING THE ZONING CLASSIFICATION OF~_ THE HEREIN DESCRIBED REAL PROPERTY FROM "A" TO , "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE MAGNOLIA POND PLANNED UNIT DEVELOPMENT FOR A MAXIMUM OF 294 MULTI-FAMILY DWELLING UNITS, ~= LOCATED ON THE NORTH SIDE OF INTERSTATE 75, ~ M~LE WEST OF C.R. 951 IN SECTION 34, TOWNSHIP 49 so~H, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 42 05 ACRES, MORE OR LESS; AND · PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning Shoppe, representing Garrett F. X. Beyrent, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property locate~ in Section 34, Township 49 South, Range 26 East, Collier County, Florida, is changed from ~A" to "PUD" Planned Unit Development in accordance with the Magnolia Pond PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Nu~er 9634N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State· PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of %~ .... 1998. coLLIER COUNTY, FLORIDA ~J ~ E~ f k ' BA~RA B2 BEVY, Chai~{~ ~ ~, ~ a~ oc~ of th~ Marj~ie M. S~uaent ~~~~ -~- 'e' MAGNOLIA POND PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: GARRETT F.X. BEYRENT 3115 County Road 95t NAPLES, FLORIDA 34116 PREPARED BY: WILLIAM L HOOVER, AICP HOOVER PLANNING 3785 AIRPORT ROAD NORTH, SUITE B NAPLES, FLORIDA 34105 BEAU KEENE, P.E. KEENE ENGINEERING 3785 AIRPORT ROAD NORTH, SUITE D NAPLES, FLORIDA 34105 ANTHONY P. PIRES, JR. WOODWARD, PIRES & LOMBARDO, P.A. 801 LAUREL OAK DRIVE, SUITE 640 NAPLES, FLORIDA 34108 DATE FILED November3. 1997 DATE REVISED June 15. 1998 DATE REVIEWED BY CCPC May 2!, 19~)8 DATE APPROVED BY BCC June 9. 1998 ORDINANCE NUMBER gn_Ag TABLE OF CONTENTS TABLE OF CONTENTS i LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2 SECTION II PROJE~T DEVELOPMENT REQUIREMENTS 4 SECTION III RESIDENTIAL AREAS PLAN 7 SECTION IV PRESERVE AREAS PLAN 13 SECTION V DEVELOPMENT COMMITMENTS 14 LIST OF EXHIBITS EXHIBIT 'A' PUD MASTER PLAN EXHIBIT 'B' PUD WATER MANAGEMENT PLAN EXHIBIT 'C' DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING EXHIBIT 'D' DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING EXHIBIT 'E" DEPICTION OF PROJECT ENTRY SIGN EXHIBIT 'F' DEPICTION OF PROJECT ENTRY SIGN EXHIBIT 'G' LEGAL DESCRIPTION tli STATEMENT OF COMPLIANCE The development of approximately 42.05d: acres of property in Collier County, as a Planned Unit Development to be known as Magnolia Pond PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Magnolia Pond PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the developmenrs residential density as described In Objective 2 of the Future Land Use Element. 2. The project de;velopment is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth In Objective 3 of the Future Land Use ElemenL 4. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. 5. The project development is planned to protect the functioning of natural dreinage features and natural groundwater aquifar 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 Residential Mixed Use DIstrict and the Residential Density Band around the C.R. 951 - Interstate 75 Activity Center, on the Future Land Use Map. The density of 5.49 dwelling units per acre is in compliance with ~e Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density 4 dwelling units/acre AclMty Center Density Band ~ Maximum Permitted Density 7 dwelling units/acre 7. All final local development orders for this project are subJed to DMslon 3.15, Adequate Public Fadlities, of the Collier County Land Development Code. 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 Magnolia Pond PUD. 1.2 LEGAL DESCRIPTION The subject property being 42.05+ acres, and located In Section 34, Township 49 South, Range 26 East, and as described on Exhibit 'G': 1.3 PROPERTY OWNERSHIP The subject property is owned or under contact to purchase by: Garrett F. X. Beyrent, 3115 County Road 951, Naples, Flodda 34118. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Interstate 75, one-half mile west of C.R. 951 (unincorporated Collier County), Flodda. B. The entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the Main Golden Gate Canal Drainage Basin according to the Collier County Drainage Atlas, The proposed outfall for the project is the Golden Gate Canal, located north of the project, The peak discharge rate from the design storm will be limited to 0.15 cubic feet per second/.E:re per Collier County Ordinance No, 90-10, Natural ground elevation Is approximately 10.8 NGVD The entire site |a located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage, Water quality pretmatment is proposed in the on-site lake system prior to discharge to the Main Golden Gate Canal, Per Collier County Soll Legend, dated January 1990, them am two predominate types of soll found within the limits of ~e pmperb/: #14 - Pineda Fine Sand, Limestone Substratum #21 - Boca Fine Sand The site vegetation consists primarily of pine-palmetto fiatwoods. Cabbage palm hammocks and cypress trees also exist on-site. 1.6 PROJECT DESCRIPTION The Magnolia Pond PUD is a project composed of a maximum of 231 residential units. Them residential units are projected to be developed as: villas, coach homes, carriage homes, or condominlums. Recreational facilities will be provided in conjunction with the dwelling units, ResidenUal land uses, recreational uses, end signage are designed to be harmonious with one another in a natural setting by using common architecture, quaflty screeningrouffedng, and native vegetation, whenever feasible. 1.7 ;HORT TITI, E This Ordinance shall be known and cited as the "Magnolia Pond Planned Unit Development Ordinance". SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to defineate and generally descdbe 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 relaUonships. 2.2 ~ A. Regulati~}ns for development of the Magnolia Pond PUD shall be In accordance with the contents of this document, PUD - Planned Unit Development DIstrfct and other applicable sactlons and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of Issuance of any development order to which said regulations relate which authorizes the construction of improvements. such as but not limited to Final Subdivision Plat, Final Site Development Plan. Excavation Permit and Preliminary Work Authorization. Where these regulaUons fail to provide developmental standards, then the provisions of the most similar district in the Land Development Coda shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definIUons set forth In the Collier County Land Development Code in effect at the time of building permit application. C, All condiUons Imposed and graphic metedal presented depicting restrictions for the development of the Magnolia Pond PUD shaft become part of the regulations which govern the manner in which the PUD site may be developed. D. All applicable regulations, unless speclacally w~IYad through a variance or separate provision provided for In ~la PUD 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 Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit isauanca applicable to this developmenL . 4 2,3 DESCRIPTIQN QF PRQJECT DENSITY OR INTENSITY OF LAND USES A maximum of 231 dwelllng units shalt be constructed in the residential areas of the projed. The gross project area is 42.05,' acres. The gross project denstty shall be a maximum of 5.49 units per acre. 2.4 IBEL/~...TE.D PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses am iljustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be In compliance with ~e PUD Master Plan, Division 3.2 Subdivisions of ~e Land Development Code, and the plating laws of the State of Flodda, B, The provisions of DIvision 3.3, Site Development Plans of ~e Land Development Cede, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3,3 pdor to the issuance of a building permit or other development order, C. Appropriate Instruments will be provided at the time of ]nfrastructural improvements regarding any dedications to Collier County and the rneffiodolegy for providing perpetual maintenance of common radiities. 2.5 MODEL UNITS AND SALES FACILITIE~ A. In conjunction with the promotion of the development, residential units may be designated as models, Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and pdor to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. 2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen matedel and its stock-piling in preparation of water rnanegernent facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions, A. Excavation scttvffies shaft cornpty with the definition of a 'Development Excavation' pursuant to SecUon 3.5,5.1.3 of the Land Development Code, :. whereby off-site removal shall be limited to 10% of the totel volume excavated but not to exceed 20,000 cubic yards. B. All other provisions of Divfsion 3.5 Excavation of the Land Development Code shall apply. SECTION I11 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", PUD Master Plan. 3.2 MAXIMUM DWELLING UNIT~ The maximum number of residential dwelling units wiffiin ~e PUD shall b~ unita. , 3.3 PERMITTED USES No building, structure or pad thereof, shall be erected, altered or used, or land used, in whole or part, for other ~an ~e following: A. Permitted Prfncloal Uses and Structures: 1. Single-family clw~.llings (includes zero-lot line). 2. Two-family clwelllngs and duplexes. 3. Multi-family dwellings (Includes townhouses, garden apartments, villas, coach homes, and carriage homes). B. Permitted Accessory Uses and 8trucNf~;; 1. Customary accessory uses and structures Including carports, garages, and utility buildings. 2. Recreational uses end facilities Including swimming pools, tennis courts, volleybaH courts, childrenY playground areas, tot lots, boat docks, walking paths, picnic areas, recreaUon buildings, verendshs, and baskethall/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. 5. Essential sen4ces, including Interim and permanent utility and maintenance facilities, 6. Any other accessory use deemed compatible by the Development Services Director. 3.4 DI~/ELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Magnolia Pond. Front yard setbacks in Table I shall be measured as follows: 1. If, ~e parcel is served by a public or private right-of-way, the setback Is measured from the adjacent rfght-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavemenL ff the parcel Is served by a platted private drive, the setback Is measured from the road easement or property line, (a) Carports am permitted wlthln parking areas. (b) Garages am permitted at the edge of vehicular pavement. B. Off-Street Perkins and Loedlncl Reauirernents: As required by DMsion 2.3 of the Land Development Code In effect at the time of building permit application. TABLE I RESIDENTIAL DEVELOPMENT STANDARDS Minimum Lot Area 7,500 Sq. FL 5,000 Sq. FL 4,000 Sq. Ft. (per unit) Minimum Lot Width 60' Interior Lots (1)90' !ntedor Lots (1) NA (45')(2) 70' Comer Lots 110' Comer Lots NA (55')(2) Front Yard Sethack , 25' 20' NA Side Yard Setback 0' & 10' or both 5' 0' & 10' or both 5' NA Rear Yard Setback: Prindpal Structure 20' 20' NA AcceuoW Structure 10' 10' NA PUD Boundary Set- Principal Structure NA NA 20' (3) Accessory Structure NA NA 10' Lake Setback 20' 20' 20' Natural Habitat Pre- serve Area Setback 25' 25' 25' Distance Between NA NA One-haft the am Pdndpal Structures of the heights. Distance Between t0' 10' 10' Accessory Smjcture Madmum Height: Pdndpal Building 35' end 2 stories 35' and 2 stodes 38' and 3 Itodes Accessory Building 20'/Clubhouse 35' 20'lClubhouse 35' 20'/Clubhotme 35' Minimum Fioor Area 1200Sq. FL 1100Sq. FL I bedroom - 650 Sq. FL/2 Bedroom - room- 105OSq. Ft Minimum carport or 2 car garage I car garage 1 carport spice or 1 garage per unit car garage (1) May be reduced on cul-de-gc lots. (2) Minimum lot frontage In parenthesis app!le~ In tieee where · dwelling unit In · 2- f/mily slnacture is on an individually platted lot. (3) Three-story buildings shall be set back l minimum of three hundred feet from the Golden Gate Canal right-of-way and one hundred feet from Interstate 75 right-of-we/. C. Open Soace/Natural Habitat Preserve Area Reouln~mqnt~; 1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided oilits. 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 mite, as described in Section 3.9.5.5.3 of the Land Development Code. D. Lartdsc~oinl3 and Buffering Reaulrements: 1. A beta, wall, fence, or combination thereof, shall be provided by · e developer adjacent to the southern PUD boundary along the Interstate 75 fight-of-way, except where waftand preserve areas are proposed adjacent to Interstate 75. Such buffer, shall be provided prior to the Issuance of Certificates of Occupancy for any permanent residential structures in that phase. Such screening shall have a height of between ~ree and one-half (3.5) and seven (7) feet above the elevation of the nearest westbound travel lane of Interstate 75. Such buffer may have occasional openings to provide glimpses of the project from Interstate 75. In order to rnaxJmize secudty and minimize impacts on existing trees, walls or fences shall not exceed more ~an elght (8) feet In height of any befTNWall or barre/fence combination. 2. If landscape buffers are determined to be necessary adjacent to watit.,nd preserve areas, they shall be separate from those prelerve areas. 3. Whera two separate two-fealty or rnullf4arnily projects within the PU[:) abut each other, buffedng and screening between them shall not be necessary, due to ~e unified architectural theme throughout the entire PUD, as described within Section 3.4E. of this PUD Document. Whera a single-family or two-farnily project within the PUD abuts a multi-femily project within the PUD, a ten (10) foot buffer shall be provided between them, with trees provided at twenty-five (25) feet on center and a single hedge also provided within such buffer. Such trees and shrubs shall meet the standards for plantJngs, as described within Section 2.4.4 Plant Material 10 Standards and Installation Standards, of the Land Development Code. E. Architectural Standerd~ 1. All buildings, lighting, signage, and landscaping shall be architecturally and aesthetically unffied. Said unified architectural them shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design ~roughout the subject site. All buildlngs shall be pdrnadly finished in light subdued colors with stucco except for decorative trim. Within any multi-family project all roofs, except for carports, shall be peaked end finished In tile or metal. Within any single- family or two-family projed all roofs, except for carports, shall be peaked and finished in tile, metal, or amhltecturally-designed shingles (such as Tlmbedine). 2. All pole lighting, internal to the project, shall be architecturally designed, limited to a height of thirty (30) feet, and similar architecturally to one of the lighting fixtures shown on Exhibits "C" or °D'. F. Sions Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Cede, except as described In the following instances. 1. Up to two (2) ground or wall signs shall be permitted at the main entrance to the PUD and located within the intador of the PUD. Such sign(s) shall contain only the name of the entire 42.~ PUD project, names of individual communities wHhln the PUD project, and Insignia or mottoe of the developrnenL Such ground or wall sign(s) shall be elmliar architecturally to one of the signs e shoNm In F_xhibita "E" or 'F' and architecturally compatible with the unffied architectural theme of the entire PUD (as described in Section 3.4E. of this PUD Document). Said ground or wall sign(s) shall not exceed a combined area of sixty-four (64) square feet, and shall not exceed the height or length of the wall upon which it I! 2. A ground sign shall be permitted along Ihe southem PUD boundary. Such sign shall contain only the name of the entire 42.~cra PUD project and shah be archlteclura!ly compatible with the unified architectural theme of the PUD (as described in Section 3.4E. of this PUD Document). Exclusive of landscaplng, such ground slgn shall not exceed an area of twenty-bur (24) square feel 12 SECTION N PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to Identify specific development standards for the Preserve Areas as shown on Exhibit 'A", PUD Master Plan. 4.2 ~ No building, structure or part thereof, shall be erected, altered or used, or land used, in whole ~r part, for other than the following: 1. Passive recreaUonal areas including recreational shelters. 2. Biking, hiking, and nature trails, and boardwalks. 3. Golf cart pathways and boardwalks. 4. Water management radiities end essential services. 5. Native preserves and wildlife senmade. 6. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, after the appropriate environmental revleN. 7. Any other use comparable in nature end deemed compatfble by the Development Sewices DIrector. SECTION V DEVELOPMENT COMMITMENT8 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. All facilities ~hall be constnicted In strict accordance with Final Site Development Plans, Final SubdMsion Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the Use of Final Plat, FInal SIte Development Plan approval or building permit appftcatlon as the case may be. Except where specifically noted or sited otherwise, the standards and specfficatlons of the offidal County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, hi successor and assigns, shall be responsible for the cornmitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Mastor Plan and the regulaUona of this PUD as adopted and any other conditions or modifications es may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments wtthin this Agreement. 5.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan iljustndss lhe proposed development and Is conceptual In nature. Proposed ares, lot or lend use boundaries or spedsl land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as FInal Plating or Site Development Plan approval. Subject to the provisions of Section 2.1.3.5 of the Collier County Land Development Code, amendments may be made from time to tim. B. All necessary easements, dedications, or other Instruments shall be granted to Insure the conUntied opersUon and maintenance of all service utilities and all common areas in the pmJecL 14 5.4 SCHEDULE OF DE~/ELOPMENT/MONITORING REPORT 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 one (1) or two (2) phases. A, The landowners shall proceed and be govemed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitodnca Report; An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 5.5 ENGINEERIN~ A. This project shall be required to meet all County Ordinances in effect at the time tinal construction documents am submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. C. Prior to SDP approval a FDOT "Notice of Intent to Issue" Right of Way permit shall be submitted for work within the S.R. 951 right of way. D. The project shall utilize internal loop made whenever feasible and shall eliminate dead-end made whenever possible. 5.6 WATER MANAGEMENT A. A copy of the South Flodda Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittel. A copy of the approval of this SFWMD Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. B. A copy of the approval of the 8FWMD Right of Way and Discharge Permit for outfall into the Golden Gate Canal shall be submitted pdor to Final SDP approval. C. An Excavation Permit will be required for the proposed lakes In accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. D. Lake setbacks from the pedrneter of the PUD my be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. E. In the event Collier County Is unsuccessful In obtaining a 36' drainage easement and a 15' maintenance bevelwe/easement from the owners of the properties located east of and abuffing Magnolia Pond, Collier County shall require the Magnolia Pond developer to clear the vegetation and level ~e spoil material from the existing 25' easement located along Magnolia Pond's eastern property line to provide a malntansnce travelway easement. All buffers shall be located ouffide ~e rnaintenance travelway. All cut stumps shall be treated with an appropriate herbiclde to prevent re-growth. F. Petitioner must obtain permission from property owners abuffing the north side of access road to place roadway fill (side slopes) on their property. G. Authortzation from Collier County and FDOT must be obtalned prior to constructing culverts under the access road for conveying 1-75 runoff and runoff from south of 1-75. 5.7 UTILITIES A. Water dlstdbution, sewage collection and transmission and intedm water and/or sewage treatment faciliUes to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. 5,C TRAFFIC A. The applicant shaft be responsible for the Installation of artedal level street lighting at all project entrances and at the Intersection of Access Road No. 2 and C.R. 951, unless previously provided by one of the other property owners also utilizing such access road, Installation shall be in place prior to the issuance of any certfficetes of occupancy. B. Access Road No. 2 shaft be brought up to County standards with respect to grading, paving and drainage, This work shall be the responsibility of 16 the developer and shall be in place prior to the Issuance of any certfficates of occupancy. All Improvements shall extend westerly to the project's western property boundary, C. Access Road No. 2 onto C.R. 951 is subject to both FDOT and County access management standards. Any existing median openings in C.R. 951 may be modified at any time, which could include diredional access or closure by either FDOT or Collier County. Any existing median opening shall not vest any right In the appllcant such that Collter County or FDOT may be liable for any damages due to median modifications in the future. D. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. E. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are Issued unless otherwise approved by the Board of County Commissioners. F. In the event that: i.) the Board of County Commissioners requires the interconnection of the internal roadway system of the Golden Gate Health Park PUD to the existing Access Road No. 2; and, Ii.) the developer of the Golden Gate Health Center PUD provides a route over said internal roadway system of the Golden Gate Health Park PUD for the Magnolia Pond project to and from a traffic signal at the Intersection of said Intemal roadway system and C.R. 951, as shown on the County's Access Management Ran, then the developer of Magnolia Pond shall be required to make a fair share contribution to cover the cost of the design and construction of such route over said Internal roadway system. The fair share calculation shall be based upon the projected traffic generation of this project that will utJltze such route over said tntemal roadway system of the Golden Gate HeaP~ Park PUD. The developers fair share shall be based upon a reasonable and pro-rata share Magnolia Pond's weekday dally traffic generation rate in relation to the total weekday dally traffic generation rate utilizing such route over said Internal roadway, which shall Include at a mlnimum the traffic generation from Frank Homan's 74-acras abuffing on the south side of Access Road #2 and traffic from the Golden Gate Health Park PUD. All projects' weekday dally traffic generation rates shall be computed based on their respective maximum permitted land uses as approved within their 17 respective PUDs and with trip distribution as shown on their most recently submitted and approved TIS by Collier County Transportation Services. The developer of the Magnolia Pond PUD shall pay its fair share of the costs of the route over said intemal roadway systero. Said fair share amount shall be limited to a maximum length of 2200 feet of roadway based on the centerline of this roadway. The cost of this shared roadway shall Include: costs of permitting, engineering, surveying, application fees, and construction of the roadway pavement, sidewalks, drainage facilities, traffic signal and turn lanes along C.R. 951, land costs (with the contribution by Magnolia Pond developer not to exceed $25,000.), and landscaping (with a maximum landscaping budget of $10,000.). Prior to construction, the engineer for Golden Gate Health Park PUD shall provide the designated engineer for Magnolia Pond PUD with a complete cost breakdown showing that design and permiffing costs are Independent of those for fie remainder of Golden Gate Health Park PUD. The cost of this shared roadway shall not Include: the cost of utility design and consb'uction, extraordinary design/permitting/construction costs, or other costs that cannot be shown to have a direct benefit to the Magnolia Pond PUD, such as intemal turn lanes serving only the Golden Gate Health Park PUD. 5.9 PLANNING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if dudng the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.10 ~ A. Environmental permitting shall be In accordance with the State of Rodda Environmental Resource Permit Rules and be subject to review and approval by the Current Rannlng Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for Impacts to Collier County judsdlctional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided In accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. Is In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibll~ for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Flodda Statutes. C, Buffers shall be provided around any wetJands, 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 era not possible, structural buffers shell be provided in accordance with the State of Flodda Environmental Resources Permit Rules end be subject to review and approval by the Current Planning Environmental Review Staff, D. An exotic vegetation removal, monitoring, and malntanance (exotic-he) plan for the site, with emphasis on the conservation/preservation areas, shell be submitted to Current Planning Environmental Review Staff for review and approval prior to Rnal Site Development Ran/Construction Plan approval. E. Thls PUD shall comply with the environmental sections of the Collier County Land Development Code and Growth Management Ran Conservation and Coastal Management Element at the time of final development order approval. F. A Gopher Tortoise relocatlon/management plan shall be submitted to Current Planning Environmental Staff for review and approval, A copy of the approved plan language shall be included on the Final Site Development Plan, G. Prior to Rnal Site Development Ran approval the petitioner shall submit a copy of the Rodda Game and Fresh Water Fish Commission Gopher ~. Tortoise Permit. ~rr DEPICTION OF FKOIEC'r ENTRY SIGN EXHIB1T"F' DEPICTION OF PKO/ECr ENTKY SIGN STA~.~ ORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit. Oollier County, Florida, do hereby certify that the foregoing is a true Copy of: ORDINANCE NO. 98-49 Which was adopted by the Board of County Commissioners on the 9th day of June, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County ..~ Conunissioners of Collier County, Florida, this 15th day of june, 1998. Clerk of Courts an~}':~ie'rk':}~::"'.;. Ex-officio to BoartL~of'~ ..... county co, is,ion '.;' ¢nny conunls~ · ,., '-.? . .