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Ordinance 98-059 /'-' ORDINANCE 98- 59 ~' ~ .... ~-. Cl~rk AN ORDINANCE AHENDING ORDINANCE NUMBER '~.. Of Bo~rd 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REaULATIONS FOR THE UNINCORPOP. ATED AREA OF COLLIER COUNTY, FLORIDA, AHEND~NG THE OFF'rCIAL ZONING ATLAS ~P NUMBERED 8619S BY CHANGING THE ZONZNG CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROH "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT ~NO~N AS NORTHBROOKE PLAZA, FOR PROPERTY LOCATED IN THE ~O~TH~ES~ QUADP-,ANT ~' OF i-~5 AND NAPLES-IMMOEALEE ROAD (C.R. __. 846), IN SECTION 19, TOWNSHIP 48 SOUTH, = - P~GE 26 EAST, COLLIER COUNTY, FLORIDA, · CONSISTING OF 4~ ACRES, NO~E OR LESS; NUNBE~ 9~-6~, AS ANENDED~ THE FO~E~ NORtHBROOKE PLAZA PUD; AND BY PROViDiNG EFFECTIVE DATE. ':~-~ WHEREAS, William R. Vines of Vines & Associates, Inc., representing Robert S. Hardy, petitioned the Board of County Comissioners 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 located in Section 19, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8619S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 91-67, as amended, known as the Northbrooke Plaza PUD, adopted on July 30, 1991 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. ~CTION THREE: This Ordinance shall become effective upon filing with the Department of State. pASSED AND DULY ADOPTED by the Board o{ County CommissLoners o{ 1998 · Col~Ler CountY, Florida, th~s ~ day of' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST · .GHT E BROCK, Clerk ... ~tgnature on1), ': ~ ~is ordinance flied w~lh  i111~ r~ejved ~is .. c,V...~.;;...~,~ '.-' a~ ac ....... NORTHBROOKE PLAZA A PLANNED UNIT DEVELOPMENT Prepared for: RSH of Naples, Inc. Prepared by: Vines & Associate~, Inc. 800 Harbour Drive Nal~les, Florida 34103 Phone: {941 ) 262-4164 Date Filed: Date Revised:. F. ate Recommended by CCPC: Date Approved by BCC: ~5 J 23 J 98 Ordinance Number: qR-59 TABLE OF CONTENTS LOCATION MAP STATEMENT OF COMPLIANCE PROJECT PLANNING TEAM iii SECTION I. PROPERTY OWNERSHIP AND DESCRIPTION 1 SECTION II, PROJECT DEVELOPMENT 4 SECTION IlL PROJECT DEVELOPMENT REGULATIONS 8 SECTION IV. DEVELOPMENT COMMITMENTS 13 ATTACHMENT "1" PUD MASTER DEVELOPMENT PLAN LAST t ~ C~ar CCIJJ[R C '~ItPROJECT STATEMENT OF COMPLIANCE The development of 39.9 acres of land in Collier County as a Planned Unit Development to be known as Northbrooke Plaza, together with development of a 2.855 acre access road, will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The commercial and residential facilities developed within Northbrooke Plaza will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The Future Land Use Element of the Collier County Growth Management Plan provide;~ at page LU-I-31 that 'if any project is 75% within an Activity Center, the entire project shall be considered to be within the Activity Center.' Slightly more than 80% of the subject property lies within an Interstate Activity Center. 2. The Future Land Use Element provides that, at page LU-I-30, Activity Centers are intended to be mixed use in character, i.e., commercial, residential, institutional. Northbrooke ~laza will be a mixed use project. 3. The Future Land Use Element density rating system provides, at page LU-I-24 that with respect to resid.~tal development, ,'if the project is within an Activity Center, up to 16 residential units per gross acre may be permitted.' The residential component of the project complies with this provision. 4. The project will be served by a complete range of services and utilities, including potable water, sanitary waste treatment and disposal, electric power, telephone, cable television, solid waste removal. 5. The project will be in compliance with all applicable County regulations including the Growth Management Plan. 6. All final local development orders for the project will be subject to the Adequate Public Facilities Ordinance. 6-8-98 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION The purpose of this Section is to set forth the location and ownership of the property, end to describe the existing conditions of the property to be developed under the project name of: Northbrooke Plaza. 1.2 LEGAL DESCRIPTION The project site is 39.9 +/- acres in area. The legal description of the project follows this page. 1.3. PROPERTY OWNERSHIP Title to the property is currently in Land Trust #5405, held by Richard K. Bennett, Trustee. 1.4. GENERAL DESCRIPTION OF PROPERTY AREA A. The property lies in the northeast quadrant of the 1-75/Irnmokatee Road interchange in Section 19, Township 48 South, Range 26 East. B. The property is PUD, proposed to be rezoned to PUD Planned Unit Development for commercial, residential, and related uses. 1.5. PHYSICAL DESCI~IpT|ON The property is bounded on the south and west by the Immokalee Road Canal and lies within the Cocohatchee River watershed. Elevation ranges from about 11.5 feet to 13 feet above mean sea level, averaging about 12.25 feet, Wetlands on the property are limited to a .49 acre triangular area in the southeast corner of the property. Most of the vegetation on the property is pine and assodated upland plants. The southwesterly portion of the property was cleared and used as a storage/work area when the t-75/lrnrnokalee Road interchange and the associated canal relocatlon cor~truction was undertaken, Soil types on the property are predominately Arzell fine sand. There is a minor area of Broward fine sand along the westerly edge of the property, and a small amount of cypress swamp soil at the southeastern edge of the property. l t A parcel of land located in the Southeast quarter of Section 19, Township 48 South, Range 26 East, Collier county, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 19, Township 48 South, Range 26 East, Collier County, Florida, thence run South 89'34'36" West along the South line of the Southeast quarter of the said Sectjon 19 for a distance of 100.00 feet; thence run North 00'42'54' West parallel with the East line of the Southern quarter of the said Section 19 for a distance of 100.00 feet to a point on the Northerly line of a 100.00 foot County Canal easement and the POi~OF ~ of the parcel of land herein described; thence continue North 00°42'54" Welt parallel with the East line of the Southeast quarter of the said Section 19 for a distance of 1,243.75 feet; thence run Sou*~h 89'17'06' Weat for a distance of 450.00 feet; thence run North 45'45'00" West for a distance of 200.00 feet; thenc'e run North 28'38'00" West for a distance of 321.01 feet; thence run North 78'55'38' West for a distance of 544.92 feat to the Northeasterly corner of a drainage easement recorded in Official Record Book 365 at Page 414 of the Public Records of Collier county, Florida; thence run South 01 '37'19' East along the Easterly line of said drainage easement for a distance of 442.73 feet to the beginning of a tangential circular curve concave to the Eaat; thence run Soufflefly along the arc of said curve to the left, same being the Easterly line of said drainage easemere, having a radius of 2,650.79 feat through a central angle of 10'32'08", subtended by a chord of 486.74 feet at a bearfng of South 06'53'23" East, for a distance of 487.43 feet to the end of said curve; thence run South 12'09'27' East along the Easterly line of the said ckalnage easement for a distance of 675.77 feet; thence run South 48'49'40" East along the Easterly line of the said drainage eeaement for a distance of 279.67 feet to a point on the Northerly line of a 100.00 foot County Canal easement; thence run North 89°34'36- East along the Northerly line of the said 100.00 foot County Canal easement for a distance of 873.61 feet to the POINT OF BEGINNING. Containing 39.90 acres, more or lass. Subject to easements, raservationa or restriction~ of record. Bearings shown hereon refer to those shown on the State of Florida Department of Trar~sportation Righ~-of-Way Map for Florida State Road No. 93 {Interstate !-75) Sedon 03175-2401. This legat description was derived from information ~hown on the Florida Depmb~HUTt Of Transportation Right-of-Way Mep of State Road No. 93 (Interstate 1-75) Section 03175-2401, Sheet 3, Coler County, Rodda, together with supplementary information provided by client. This delcription has not been f'mid surveyed. 2 1.6 PROJECT DESCRIPTION The Northbrooke Plaza project will be comprised of a mix of commercial and residential uses. Typical uses will include gasoline service stations, restaurants, general retail facilities, hotels/motels, offices, and multi-family residential units. The project applicant/developer will not be an end-uaer. End-users will Wpicaily be regional or national corporations which routinely locate in interstate interchange commercial developmeot~. The project owner/developer will secure appropriate plan approval and zoning, inrmll access drives, utilities, and other required infrastructure, and market ready to build on sites for development in accord with the approved PUD Ma~er Plan, PUD regulatory document, and applicable other regulations. 1.7. ~ This ordinance shall be known and cited as the "NORTHBROOKE PLAZA PUD ORDINANCE'. 3 SECTION II PROJECT DEVELOPMENT 2.1. EUgZD. SE The purpose of this Section is to describe the basic development objectives and to generally describe the project development plan. 2.2 GENERAL A. Development of this project will be governed by the contents of this document and applicable sections of the Collier County Land Development Code in effect at the time of She Development Plan/Sul~division Master Plan approval{s). B. 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 She Development Plan/Subdivision Master Plan approval(s). C. All cond'~ons imposed and all graphic material presented depicting restrictions for the development of Northbrooke Plaza shell become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived by appropriate authority, the provisions of regulations not otherwise provided for in this PUD shall remain in full force and effect. 2.3. BBQJ,EC,_T_P_La~ A. This she is planned as a mixed use commercial/residential project which wi~ provide corrm~rclal services to highway travelers as well as to residents in the vicinity. In addition to conventional interchange related and surrounding neighborhood serving commercial services, conventional residential end/or retirement residential usage with supporting medical and related sewices will be incorporated in the project. The PUD Master Ran, known as Attachment "1 ', which by reference is made part of this document, divides the property into Tracts A and B, each of which is the subject of detailed standards which are sat forth in this PUD document. The exact boundaries of development parcels are to be established at the time of construction pins and platting approval. 4 B. At the time of initial PUD zoning, no detailed development plan for the entirety of the site exists. The development intention is to provide appropriately zoned sites, with all necessary utilities in place, to accommodate commercial and related development projects, such as national motel end/or restaurant chains, gasoline service stations, rata~ facilities of various kinds, offices, and a residential development component. Since the project development sponsor will not be the end-user of the mixed use complex, plan approval will occur in four steps. The first step is establishment of the PUD document which includes developmental standards and regulatory requirements for the entire property. A Preliminary Subdivision Plat shall be submitted to Collier County for review and approval for the second step. Upon Preliminary Subdivision Plat approval, construction plans and a Final Subdivision Plat shall be submitted for review and approval which will be the third step. For the fourth step, one of the following will be provided for: 1. The developer of any platted tract or parcel which is not intended to be further subdivided shall be required to submit and receive approval of a Site Development Ran in conforrnance with the requirements established within Div. 3.2 of the Collier County Land Development Code. 2. The developer of any platted tract or parcel which is intended to be further subdivided shall be required to submit and receive approval of that further subdivision as required by Div. 3.3 of the Collier County Land Development Code. The owner may make adjustment to the tract boundaries, road alignment and other site improvements. Determination of whether the changes are substantial, or insubstantial, and the review process to be followed shall be in accordance with the Collier County Land Development Code. C. Permitted development is indicated on the following table: Retail/Service/ 12.9 or greeter · Per LDC n/a n/a Restaurants Fast Food 5 or less * Per LDC n/a n/a Restaurants Motel/Hotel 5 or less * Per LDC 130 n/a Gasoline Service 4 or leas * Per LDC n/a nla Stations Office 3 or leas · Per LDC n/a nla Residential 10 n/a Per LDC nla 120 TOTAL 39.9 270,000 Per LDC 130 120 · The maximum leasable floor area for all Retail and Services and Office uses permitted in Tract A is 270,000 sq. ft. Maximum permitted moteS/hotes density is 28 units per acre. For every 26 motel/hotel units approved, the maximum permitted 270,000 sq. ft. of retail and service plus office use shall be reduced by 10,000 aq. ft. D. DEVELOPMENT INTENSITY LIMITATION The deveSopmenT Intensity of the vadous DRI categories permitted in this project shall not exceed 80% of the applicable DRi threshold. DRI categories permitted by This project include retail and service developmenT; office deveSopmenT; hotel or motel deveSopment; residential development; or multi-use developmenT. ~2.5 It!FLUTED p!qOJECT pLAN AzoPRO VAL REQUIREMENTS A. Prior to the recording of a Record Plat, for all or part of the PUD, final plans of required imlxovm shall recek, e approval of the appropriate Coltier County governmental agency to insure compliance with the PUD Master Plan, the County Land DeveSopment Code and the platting laws of the State of Florida. 6 B. Attachment "1 ", the PUD Master Plan, constitutes the required PUD Development Ran. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the Land Development Code. C. Appropriate instruments will be provided at the time of infrostructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6. INTERNAL PROJECT STREETS TO BE PRIVATE All platted streettl within the project shall be private and shall be the common property of the project landowners. SECTION III PROJECT DEVELOPMENT REGULATIONS TRACT A 3.A. 1. E}J.BEQ,,~, The purpose of this Section is to set forth the development regulations applicable to Tract A of the Northbrooke Plaza project. (Refer to PUD Mealer Plan). 3. A.2 USES PERMITTED No building or ~e, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other Than The following: A. Principal Uses: 1. Autornoblte service stations, pursuant to The provisions of Section 2.6.28 of the Land DevelopmaTt Code in effect at the Time an applcatjon is made for 8 building permit. Vehlde cleaning, service and repair facilities are permitted, except for repak facilities Involving engine removal, body repair, or painting 2. Hotels/rnoTds 3. Offices 4. Rnancial inaL;idtjons 5. Medical offices, laboratories, dintcs, health irnprovernant facilities, nursing homes, hospitals 6. Restaurants (conventional, fast turnover, and/or fast food); cocktai lounges; night dubs 7. Drive-in factties for permitted uses 8. Food stores, drugstores, retai stores, personal service Lsss, supermarkets, movie meters, and associated uses which ere characteristically located in shopping centers 9. Convnercid lind non-cmTvnerdi recreational tmes and fadtitles 10. Civic, culttxal, religious, and public service uses and faKtitleS. 8 11. Shopping centers 12. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Ranning Services Manager determines to be compatible with and appropriate for inclusion in the mix of Tract A permitted principal uses. B. Accessory Uses: 1. Accessory uses and structures which are customarily associated with the permitted uses. 2. Project sales and administration offices and facilities. 3. Signs as permitted by the Collier County Sign Ordinance in effect at the time of sign permit application. 3.A.3. DEVELOPMENT STANDARDS A. Minimum Yards: 1. Front: 15' 2. Side: none, or a minimum of five (5} feet with unobstructed passage from front yard to rear yard. 3. Rear: 25' 4. Lakefrom: O' 5. Any yard abutting an exterior boundary of the 39.9 acre tract: 6. Distance between structures on the same site: One half the sum of the building heights. B. Maximum Hotel/Motel Density: 26 units per acre. C. Minimum Hotel/Motel Unit Size: 300 square feet. 9 D. Maximum Building Height: {i.e. stories above grade) 1. Motels/Hotels: Four (4) stories above grade in the event Tract B is developed as an assisted living facility, otherwise three (3) stories. 2. Offices: Three {3) stories above grade. 3. Retail, Service, and Other: Two {2} stories above grade. E. Merchandise Storage and Display: There shall be no outside storage or display of merchandise. F. Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systems which are normally located above ground shall be placed and screened so as to be minimize their visibility from a street right-of-way or an adjoinir~g property. G. Offstreet parking required: As determined by the Collier County Land Development Code in effect at the time of Site Development Plan application. H. Signs: As permitted by the Collier County Land Development Code in effect at the time of sign permit application. I. Common Architectural Theme Required In sddition to compliance with ~ commercial architecl~r~l StSrKt~'dS Of ~ Lsnd Development Code, Trscl Adevetopme~ ~-4~11 exhibit an overall architactural, landscape architectural, aign~ge srd lighting theme, to be estsblishedwhenthefirstSDPissplxovedforTraotA. The use o/ tredern~k i be required to demonstrate compliance wittt the approved Trsct Avisual 10 SECTION III PROJECT DEVELOPMENT REGULATIONS TRACT B 3.B. 1. PURPOSE The purpose of this section is to set forth the development regulations applicable to Tract B of the Northbrooke Plaza project. (Refer to PUD Master Plan). 3.B.2. USES pERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part for other than the following: A. Principal Uses: 1. Single and/or multiple family residences 2. Housing facilities for the eldedy and infirm, including medical and other support facilities and services incidental to the operation of the project on behalf of project residents 3. Family care facilities, group care faciFitles (Category I), care units (not including uses found in group care facilities, Category II), nursing homes {subject to Section 2.6.26 of the Collier County Land Development Code) 4. Civic, cultural, religious, and public service uses and facilities 5. Social, recreational, and related uses whose primary purpose is to serve the residents of Tract B B. Accessory Use~: 1. Accessory trees end ii~uctures which are customadly associated with the permitted uses. 2. Project sales and administration offices and facilities. 3. Signs as permitted by the Collier County Land Developrnem Code in effect at the time of sign permit application. 11 3.B.3. DEVELOPMENT STANDARDS A. Minimum Yards: 1. Front: 25'. 2. Side: 10' or half the building height, whichever is greater. 3. Rear: 4. Any yard abutting an exterior boundary of the 39.9 acre tract: 40'. 5. Distance between structures on the same site: one half the sum of the building heights. B. Maximum Building Height: (Storiss above grade) Multiple Family Dwelling Units: Two (2) stories Assisted Living Facility Housing: Three (3) stodes C. Maximum Residential units: 120 units, 12 units per gross tract acre. D, Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systems which are normally located above ground shall be placed and screened so as to be minimize their visibility from a street right-of-way or an adjoining property. E, Offstreet parking required: As determined by the Collier County Land Development Code at the time of Site Development Ran application, F. Signs: As perrn~ed by the Collier County Land Development Code in effect at the time of sign permit application, 12 SECTION IV DEVELOPMENT COMMITMENTS 4.1. PU~QSE The purpose of this section is to sat forth the development commitments for the Northbrooke Plaza PUD project. 4.2. GENERAL All facilities shall be constructed in strict accordance with Rnal Site Development Rans, Final Subdivision Plats 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 official Land Development Code in elfact at the time of Site Development Ran/Subdivision Plat approval(s) shall apply to this project even if the land within th~ PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee agrees to follow the Master Ran and the regulations of the PUD as adopted and any other conditions or modifications es may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is bound by the commitments within this agreement. 4.3. SCHEDULE OF DEVELOPMENT The PUD applicant will not be the end-user of the improved sites to be estabtshed in Normbrooke Plaza, and a definitive development schedule cannot be established at this time. Based on the expected rate of development in the general area of the Northbrooke Plaza project, it is estimated that project development will be initiated in 1998, and that development of the individual sites within the project will be concluded by the year 4.4. TRANSPORTATION Note: All originally adopted Transportation Stipulations have either been accomplished or ere no longer applicable. 4,5, WATER MANAGEMENT A. A copy of South Rodde Water Management District Permit or Early Work Permit is required prior to conatruction plan approval. B. A fifteen foot (15') maintenance easement along the Cocohatchee Canal adjacent to the west and south property lines shall be dedicated to the Big Cypress Basin for maintenance. Final exact locations (beginning and ending locations) shall be established on the final recorded plat. 13 4.6. ~ A. This project shall be designed for central water and sewer systems. 4.7. ~ A. Access into each tract as shown on the master development plan is informational only. Access road and site access location is subject to Subdivision Plat or SDP approval. B. This project shall be required to meat all County Ordinance in effect at the time final conruuction documents are submitted for development approval. C. Detailed paving, grading, site drainage and utli'rty plan$ shall be submitted to the Community D'evelopment Services Division for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Community Development Services Division. D. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 82-91. 4.8 ENVIRONMENTAL A. The PUD shall be consilent with the Environmental Section~ of the Coltier County Growth ManaGement Ran Conservation and COard~ Management Element and the Collier County Land Development Code at the time of final development order approval. B, A protected species survey for gopher tortolset IGoOherus .ool.v~_hemus} shall be conducted in accordance with the requiremems of the Florida Game and Fresh Water Fish Corrrnisslon within six (6) months or leg of Site Development Ran (SDP) or Prelkninary Subdivision Master Ran (PSMP) submittal, In the event that Gopher tortdee!. Ire present on site, · Gopher tortoise relocatien/menagernem plan shall be sul~nttted to Current Planning Environment Staff for review and approval. A copy of the relocationln~ plan i be included on the final site development pWn. C. Envkonmentel peffnitting shall be in accordance with the State of Rortdl Envkonmental Resource Permit (ERP} rules and be subject to review and a~proval by Planning Services Environmetal Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. 14 D. An exotic vegetation removal, monitoring, and maintenance {exotic-free) plan for the site shall be submitted to Planning Services Environmental Staff for review and approval prior to final site development plan/construction plan approval. E. Section 3.9.5.5 of the CCLDC requires a minimum of twenty-five (25} percent of the existing native vegetation on site be preserved or re-vegetated (per 3.9.5.5.4.) In accordance with the following: 1. A minimum of 2.88 acres of native vegetation shall be preserved/re-vegetated in the 20 foot wide buffers which will surround the project and separate Tract A from Tract B. 2. A minimum of one haft (.5) acre of the .7 acre oak hammock, near the west boundary of the PUD (FLUCCS 4399), shall be preserved. 3. A minim,um of three (3) acres of native vegetation sha/I be preserved/ re-vegetated in Tract B. 4. A minimum of 1.06 acres of native vegetation shall be preserved/re-vegetated in Tract A. The distribution of the 1.06 acres shall be committed to at the firat development order submittal {i.e. SDP or PSP) for Tract A. 5. Collier County Planning Services Environmental Staff may administratively approve requests to adjust the above commitments, as long as a minimum 7.44 acres of required native vegetation is provided. 4.9. ACCESSORY STRUCTURES AccenoW sUuct~es must be conib-ucted simultaneously with or following the construction of the principal structure. 4.10. SIGNS All signs shall be in accordance with the Collier County Sign Ordinance in effect at the time of building permit application. 4.11. LANDSCAPING FOR OFF-STRFFT PARKING AREAS All landscaping for off-street parking areas sham be in accordance with th~ Collier County Zoning Ordinance in effect at the time of construction plans application. 4.12. LANDSCAPE BUFFER A landscaped buffer a minimum of 20 feet in width shall be provided adjacent to perimeter boundaries of the 39.9 acre tract as wall as between residential and non- residential uses of the 39.9 acre tract. 15 4.13. OPEN SPACE REQUIREMENT A minimum of 30% of the total acreage of this PUD shall be left in open apace in accordance with the Collier County LBnd Development Code. At the time of submission of the Preliminary Subdivision Plat or SDP(s), a minimum of 30% of the total acreage of any area previously approved, together with the area being requested for approval. This rdpulation is designed to ensure that the 30% open space requirement has been complied with when development is complete. 4.14 POLLING PLACE~ Rooms shall be pr,ovided within common area~ for the purpose of permITting residents within the PUD to vote during all elections. The number and location of needed rooms shall be determined by the Collier County Supervisor of Elections. 4.15 ~ Development permitted by approval of this petition wgl be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance at the earliest or next to occur of either final SDP approval, or buRcling permit issuance applicable to this project. 16 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-59 Which was adopted by the Board of County Commissioners on the 23rd day of June, 1'998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of June, 1998. DWIGHT E. BROCK Ex-officio to Boarcl-'bf~".' Deputy Clerk~