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Ordinance 95-42# ORDINANCE 95- 42 AN ORDINANCE AHENDING ORDINANCE NUI~BER 91-102, THE COLLXE~ COUI'~'TY LAND DEVELOR4E~T CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGUEATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED GGE26 BY CHANGING THE ZONING CLASSIFICATION OF T~E HEREIN DESCRIBEI) REAL PROPLenTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ee ~[ ' SUNGATE CENTER, FOR PROPERTY LOCATED ON C.R. 951 BETWEE~I GREEN BOULEVARD AND 15TH AVENUE S.W., BEING ALL OF TRACTS 123 AND 124, GOLDEN GATE ESTATES, UNIT 26, IN ~.~ SECTION 15, TOWNS}lIP 49 SOU~, RANGE 25 re EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.09~ ACRESt PROVIDING FOR T}{E REPEAL OF ORDINANCE NUMBER 92-93, AS AH~NDED, THE FORMER SUNGATE CENTER PUD; AND BY PROVIDING AN EFFECTIV~ OAT~-· h~IL~EAS, Thomas E. Killart of Thomas E. KiJIen Architect, representing Wynn Real Estate Partnership, 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; The Zoning Classification of the herein described real property located Jn Section 15, Township 49 South, Range 25 East, Collier County, Florida, Is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, a~tached hereto as Exhibit "A", which is incorporated herein and by rolefence made part hereof. The Official Zoning Atlas Hap Numbered GGE26, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. Ordinance Number 92-93, as amended, known as the Sungate Center PUD, adopted on November 24, X992, by the Board of County Commissjoners of Collier County, is hereby repeaZed in its entirety. TH~s Ordinance shall become effective upon receipt of notice from the Secretary of State that ~his Ordinance has been fl~ed with the Secretary of State. -1- PASSED AND IXT~Y ADOPTED by the Board of County Commissioners of Collier County, FXorida# this o?~ day of~(~=~.~_~, 1995. ATTEST..'......' ...... BOARD OF COUNTY CO~SSIONE~S DWIGHT.E'~= BROCk~' CLERK C0LL~ER COUNTY, FLORIDA  BETTYE J. I~N AI~I~I~OVED AS TO rO~ AND I,EGAr~.,SDTF~CZE~.~"[ RAg~OI[~ItE H, STUDENT MSZSTAN~ COUNTY ATTORNEY ~ru'~-92-7 (1) ORDXNANC~IIOkI137Sl filed -2- SunGate Center PUD X Planned Unit DevelcEment Regulations and su~porting Master Plan overning SunGate Center PUD a Planned Un=t Development pursuant to provisions of the Collier County land Development Code (LDC} Prepared Fort W~nn Real Estate Partnership 9220 Bonl~a Beach Road, Suite 1200 RAnira Springs, Florida 33923 CONSULTING ENGINEFR= Bruce Green and Associates, Inc. 3806 Exchange Avenue Naples, Florida 33942 PLANNING CONSULTANT= Dr. Neno J. Spagna, AICP, Pres. Florida Urban Inst., Inc. 3850 27th Avenue S.W. Naples, Florida 33964 Date Filed ?/09/92 Date Revised 10/28/92 Date Reviewed By CCPC ~ Date Approved By BCC 3a~ Ordinance Number 92-93 EXHIBIT eAe _,, me el TABLE OF CONTENTS SUBJECT PACE NUMBER Table of ContentS ........................................... Introductol7 Statement ...................................... 1 Statement of Compliance................. .................... Section 1 Property Ownership and Description ............... ...... 3 Section 2 Project Development RequirementS ....................... 5 SectLon 3 Commercial Area Plan ................................... 9 Section 4 Development CommLtments.... ........................... 15 · PUD Master Plan ................ · ..... · ............. Attachment I INTRODUCTORY STATEMENT A. Subject: property is located on the west side of 951 between 15th Avenue S.W. and Green Boulevard and is further described as Tracts 123 and 124 of Golden Gate Estates Unit 26, as recorded in Plat Book 7, Pages and 16 of the Public records of Collier County, Florida. B. It is the intent of the Developer to develop this approximate 9.09 acres of land into a commercial center containing the commercial uses permitted by this document along with the required water management, open space~ and related accessory uses and structures. STATEMENT OF COMPLTANCE. The development, consisting of approximately 9.09 acres of property in Collier County, shall be a Planned Unit Development to be known as SunGate Center PUD and will be in compliance with the planning goals, objectives, and policies of Collier County as set forth in the Growth Management Plan (GMP). A. This proposed project is consistent with the GMP adopted by the County for the following reasonsz 1. The subject property is within the "CR 951 Commercial Infi11 Designation' as identified onI the Future Land Use Map of the Golden Gate Area Master Plan and is in compliance with Objective 1. of the "Goal Objectives and Policies" of the Golden Gate Area Master Plan. 2. The proposed use is in compliance with Policy 1.1.1.B.2. of the Golden Gate Area Master Plan and, therefore, permits the uses contemplated by the Developer. 3. The subject property's location in relation to existing or proposed community facilities and services permits the development of SunGate Center PUD as proposed by the Developer. 4. The project will be served by a complete range of services and utilities as approved by the County. 5. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. 6. The Planned Unit Development includes open spaces and natural features which will be preserved and/or integrated into the development of the commercial center, as design conditions allow, in · , 1 order to enhance their natural Zunctions and to serve as pro~ect amenities. 7. The Developer fully intends to comply vith the conditions set Eorth for the development of a commercial center in the "CR 951 Commercial Infill Designation" of the Golden Gate Area Master Plan. 8. This proJec~ shall be subject to compliance with the Concurrency Management System designed to determine the adequacy o~ public services and £acllities. SECTION 1 FROI~RTY OWNL~SHIP AND DESCRIPTION PURPOSE A. The purpose of this Section is to set forth the location and ovnershtp of the property, and to describe the existing conditions of the property proposed to be developed under the project name of SunGate Center PUD. 1.2 LEGAL DESCRIPTION Section 15, Township 49 South, Range 26 East All of Tracts 123 and 124, Golden Gate Zetatel, Unit 26, according to the plat thereof, as recorded in Plat Book 7, page 15, Publtd Records of Collier County, Flortda~ any, - .................................. , ..... r- -- , ....... 1.3 ~O~ A. ~e subJec~ property Is under the o~ershtp of ~ ~L~TA~ P~HIP, 9220 Sontea Beach Roa~, Suite 200, ~l~s Sprl~gs, ~ ~3923. 1.4 GENE~L D~S~T~ON OF ~O~ A. A ge.ersl ~esorlptlo~ of the subJe~ prope~y is ~a~s 123 an~ 124 of ~olde~ Gate Estates, U~lt 26, as recor~e~ ~ Plat ~ok ~, Pages 15 and 16 of the Records of Collier C~nty, Florida (for c~plete legal des~rlptlo~, refer ~o Sec~io~ 1.2). PHYSICAL DESC~TP'I'TON A. The property consists of approximately 9,09 acres of land located in the unincorporated area of Collier County, Florida. The elevation oft he proper~cy varies from NGVD. Water Manaqement for the proposed project is planned to be a series of retention areas and swales as shown on the PUD Master Plan, included as pax~c of this PUD Document° Accordinq to the USDA Soil Survey of Collier County Florida, Issued March 1954, the soil classification the project sits consists primarily of Xrzsll Fins Sand (ASS) and a small area o{ Ksri Find Sand (Kb). The relief of the Arzall Fine Sand (ASS) soil classification is characterized as lave1, nearly level, or sltqhtly depressions1. Surface runoff Is vary slovorpondsdX Internal drainage is rapid when freed of high water tablel depth to bedrock is 48-80 Incheel reaction is sltqhtly acid to neutralr and, the principall~a~etatton before clearinq was slash pine, shrubs, grasses, some areas cypress or prairie. The internal dratnaqe of the Karl Fine Sand characterlzedvariablsX the depth to bedrock is ~-~4 InchseX reaction is stronql~ acid above marl, alkaline bolo~l principal native veqatation before clearinq ~as slash pine, cabbage palmetto, saw-palmetto, shrubs and grasses. PROJECT DESCRIPTION A. It Is the intent of the Developer to develop this approximately 9.09 acres of land Into a commercial center containing the commercial uses permitted by this document alone'with the required water management, open space, and related accessory uses and structures. A. This Ordinance shall be knovn and cited as the SunGate Center Planned Unit Development Ordinance. SECTION 2 PRO3ECr DZVELOPRI~NT REQUIRE/4Er;TS A. The purpose o~ this Section*is to delineate and generally describe the project plan of development, relationships to applicable Count~, ordinances, the respective land uses o~ the tracts included in the project, as yell as other pro~ect relationships. 2.2 G~ERA~ A. Re~mlattons got development ot SunGate Center PUD shall be in accordance vith the contents of this document, PUp-Planned Unit Development District and other applicable sectlone and parts og the Collier County Land Development Code (LDC) in building permit application. Where these reg~lations fail to provide develolmental standatds~ then the provisions ot the moat similar district in the LDC shall B. Unless othervise noted, the definitions of all tens shall be the eame as the definitions set forth in the LDC in effect at the time o£ building permit application. C. All conditions imposed In the approved/~JD Document shaZ1 depict the restrictions for the development of the SunGate Center PUD and shall become part o~ the regulations which govern the manner in vhich the PUD site may be developed. The graphic material contained in this document shall be conceptual in nature. The graphics contained in the Final Site Development Plan submitted prior to application for building permit (s) shall become part of the regulations which goveFn the manner in vhich the lrdD site may be developed. D, Unless specifically vaived through any variance or velvet provisions Zrom any other applicable regulatione~ the provisions o~ those r letions not othervise provided tot In this PUD re~e~n In full Zorce and E, Development permitted by the approval of this Petition v111 be sub~ec~ to a Concurrency Revte~ under the ........ ~ ............................... ~ Division 3.15 of the Land Develoument Code at the earliest or next to occur of either flnal SDP approval~ final plat approval, or building permit issuance applicable to this development. ~,. . i i~ iii II I II I 2.3 DE$CRTPTION OF FRO3EC? AN~FROPOSED LAND USES c A. The layout of the uses of land for the various tracts, is iljustrated graphically on the map titled 'PIJD Master Plan", B. The folioring land use matrix summarizes the proposed uses of the SunGate Center PUD: LAND USE SCHEDULE INTENSITY Tract "A" CommerCial ~ 20.000 4~4. 1.94 Tract "B" Co~narcial 24TGee 50.000 ~ C~erc181 6.50~ 0.79 Total 83,000 9.090 C. Areas iljustrated as lakes on the PUD Master Plan shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallo~, dry depressions for water detention purposes. Such areas, lakes and dry areas, shall be in the general configuration and contain the same general acreage as shown on thePOD Master Plan. Minor/edifications to all tracts, lakes or other boundary may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Division 2.0, Section 2.7.3.5, of the LDC or as otherwise permitted by this PUD Document. D. Easements, as necessary, (lncludin landscape buffer areas, utllit , private, lemi-publ~o, etc.) shall be ostablished~Ithin or along the trac~s shown on the PUD Master Plan. 2.4 DESCRIPTION OF PROJECT INTENSITY OF LAND USE A. A maximum Of4~20.000 square feet of gross leasable ares (GLA) of commercial development shall be permitted on Tract cA", and a maximum of~ ~0.00o .quare feet of GIA shall be permitted on Tract abe. Tracts WC" and wow shall each contain a maximum of 6.500 souare feat of GLA. for a total project GLA of a maximum of 83,000 square feet. 6 2.5 RELATED PRO~ECT PLAN APPROVAL REOUIREMENTS A. Prior to the recording of a Record Plat and/or Condominium Plat tot all or part of the PUD, final plans o£ all required improvements shall receive approval of the appropriate. Collier County government agency to insure compliance with the PUD Master Plan, the County Land Development Code, and the platting lays of the State of Florida. B. The PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with the County Land Developmen= Code, and the platting laws of the State of Florida. c. The provisions of Division 3.3, 2TTE DEVELOPMENT of the LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issueante of a building permit or other developmen~ order. D. Appropriate instruments will be provided at the time of infrastructure1 improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN A. Amendments may be made to the PUD as provided in Division 2.0, SeCtion 2.7.3.5, of the LDC. 2.? pROVISION FOR OFF-SIT! REMOVAL OF EARTHEN MATERTAt A. The excavation of earthen material and its stock piling in preparation of water management facilities or otherwise develop water bodies shall require an excavation permit: in accordance with Sec~cion 3.5 of the LDC. If after consideration of fill activities on those buildable portions of the project site are such that following condftionsJ 7 1. Excavation activities shall comply vith the definition of a wDevelolment Excavations pursuant to Division 3.5, Section 3.5.5, ~, vhereby of£-site re~oval shall not exceed lot of the excavated material to a maximum oE 20,000 cubic yards, 2. All other provisions o£ Division 3.5 are applicable. SECTION 3 CONMERCXAL AREA PLAN 3.1 PUR~OS= A. The purpose of this Section is to identify the types of commercial uses and development standards that will be applied to the SunGate Center PUD. 3.2 DEVELO~HENT L~PHASIS A. The Developer states that the requested commercial uses are in compliahce with the uses and intended intensity level of the Colden Gate Area Master Plan. B. The intensity of land use, types of use activities, and acreage assigned to this dsvelolment is shown as follows: INTENSITY Tract "A" Co~mercial S3v~ 20.00O eRq~S /A2A Tract "B" Commercial ..... 50. 000 2vge. 5.67 Tract "Ca CaIW~EGLtl 6.500 0.79_ Tract "O" Coramercia~ 6. SO0 0.69 Total 83,000 9.090 3.3 pERHITTED PRINCIPAL USES The folioring uses, as defined vith a number from the Standard Industrial Classification Manual (1987), are permitted as of r~ght in ~he SunGate Center I~JD. A. Antique shops (5932)I applLance Itoros (5722}I art studios (5999) 1 art supply shops (5945) 1 automatic merchandizing machine operators (5962); automobile parts and home supply stores (5531) S automobile service stations vithout repairs (5541)(subJec~ to Section 2.6.28). B. Bakery shops (5461}I bait and tackle shops (5941) S banks and financial institutions (6011-62sg); barber and beaut shops (7231 & 7241); bath supply stores (5999)I bicycle sales end services (5941); blueprint shops (7334)I book stores (5942); business machine services (7629). c. carpet and floor covering sales - which may include storage and installation (5713); catalog and mail-order houses (5961}; churches and other places of worship (8661)(subject to Section 2.6.10); clothing stores (5611-5699); commercial recreation uses - indoor (7991, 7993)~ commercial schools (8243-S249); computer sales, leasing, service, and softrare stores (5734, 7371- · 7379) Z confectionery and candy stores (5441)o 9 D. Dance studios (7911)~ delicatessens (5399) f department stores (5311)~ drug stores (5912)~ dr), cleaning shops (7212)~ dry goods storss(Z399) X and drapery shops (5714). E. Educational services (8211-8299)~ electrical supply stores, equipment rentals and leasing (7352, 7359) including lavrl movers and power saws, which may include their repair and sale, but specifically excluding any heavy equipment requiring outside storage. F. Fish market - retail only (5421}~ florist shops (5992)~ food stores (5499)~ fraternal and social clubs (8641) (subject to Section 2.6.10)~ funeral homes (7261)~ furniture stores0(5712 - 5719)~ furrier shops (5632). C. Garden supply stores - outside display in side and rear yards (5261) X general merchandise stores C5399)x gift and novelty shops (5947) 1 glass and mirror sales, including storage and installation (571g)/goutmet ~hops (5499)X grocery stores and markets (5411-5451). H. Hardware stores (5251)~ hat cleaning and blocking {7212)~ health food stores (5499}~ hobby, toy and game shops (5945}. I. Ice Cream store (5451 & 5822}. J- Jewelry stores (5944). K. Laundries - self service only (7215)~ leather goods and luggage shops (5948)~ liquor stores (5921). L. Markets - food (5411)~ markets - meat (5421)$ medical offices and clinics (8011-8049)~ millinery shops (5632)x museums and art galleries (8412)~ music storll (5736). M. Nows stores (5994). N. Office - general (6311-6799, 7311-7338, 7381, 7383, 7389, 7829, 8082, 8711-8713, 8741-8743, 8748)~ opeLGel goods stores (5995)o O. Paint and wallpaper stores (5231) 1 personal services, ~i~cellaneous (7299)e, pet supply shops (5999) X photo ishing laboratories (7384)~ photographic equipment stores (5946) r photographic portrait studios (7221)~ pottery stores (5719)~ private clubs and membership organizations (8611-8699) (subject to Section 2.8.10)I professional offices (8111, 8711, 8721)~ public administration offices (9111-9222, 9224-9661}. 10 , ~sce~aneous Personal ServLcee are Gpecl~lcaXXy Limited To: Babysitting bureaus Battering services for individuals Blood s in-operated Buyer's club Car title and tag services Clothing tentaX, except industrial launderors and linen supply coin-operated service machine operations scales, shoeshine, lockers, and blood pressure College clearinghouses Computer photography or portraits Consumer buying service Costume rental Dating Service Debt counssllnq or adjustment service to Individuals Depilatory salons DIet workshops Dress suit rental Electrolysis {hair removal) Genealogical investigation servlce Hair veering or replacement service Porter service Quilting for IndIviduals Rest room opera~Lon Scalp treatment servlce Shopping servlce for Individuals ~×edo rental Wardrobe servlce, except: ~eatrtcal Radio, television, ard Consumer electronics sales end services (5731)~ record and prorecorded tape stores (5735); repair shops, miscellaneous restaurants, tnoludlngdrlve-ln fast f~ restaurants (5812) (subject to Section 2.6.10)# miscellaneous retail stores (5999}. ~, MIscellaneous Repair Shops are Specifically Llmlte~ To~ Antique repair and restoration, except furniture & automotive BIcycle repair sho~s Ca~sre repair shops Dental instrument repair Dra~ln~ lns~rusent rspair HaFness repair shoOs Ksy dupltcati shops La~rnmc~er repair ehoOs L~ather goods repair sh s L~ck parts made to indl~dual order Locksmith shoOs Luggage repair shoOs 11 Measuring and controlling instrument repair, mechanical Medical equipment repair Meteorological instrument repair Microscope repair Mirror repair shops Musical instrument repair shops Nautical and navigations1 instrument repair Organ tuning and repair Piano tuning and repair Picture framing to individual order, not connected with retail art stores Picture framing, custom Pocketbook repair shops Precision instrument repair Repair to optical instruments Repair to photographic equipment Saddlery repair shops Scale repair service scientifio instrument repair Sewing machine repair shops Sharpening and repairing knives, saws and tools Stove repair shops surgicaZ instrument repair Surveying instrument repair Taxidermists Tent repair shops Thermostat repair ~ning of pianos and organs Typewriter repair, including electric Venetian blind repair shops Window shade repair shops Q. Services, miscellaneous (8999)ee,; sewing, needlework, and piece goods stores (5949); shoe repair (7251); shoe stores (5661); shopping centers (6512); sporting goods stores (5941); social services (8322, 8351, 8399)J souvenir stores (5947)J stationer3[ stores (5943); supermarkets (5411). *** Miscellaneous Services are Specifically Limited To= Announcers, radio and television services Art restoration Artificial nuclearion (cloud seeding) Artists' studios, except commercial and medical Artists' except commercial and medical Authors Chemists, consUltlng~ not connected with business service laboratories Christian Science lecturers Consultants, nuolear~ not connected with business service laboratories Entomologists, consulting~ not connected with business service laboratories · ~ 12 Geologists, consultingl no~ connected with business service laboratories Ghost writing Greeting cards, hand painting of Inventors Lecturers ~usic arrangers Newspaper columnists Physicists, consultlRgy not connected with business service laboratories Fsychologists, industrial Radio commentators Sculptors' studios Song vriters Stained glass artists Weather forecasters Writers R. Tobacco shops (S993), S. Variety stores (S331)~ veterinarian offices and clinics - no outside kennels (0742-0752)~ video taps rental (7841) · T. Watch, electrical, electronic, precision instrument, and miscellaneous repair shops (7629, 7631). U. Any other commerCial use or professional service which is comparable in nature with the foregoing uses and which the Current Plarnling Manager determines to be compatible in the district. v. Temporary sewage treatment facility. A. Accessory uses and structures customarlly associated with the uses permitted in the C-1/T District, Section 2.2.12 of the LDC, the C-2 District, Section 2.2.13 of the LDC, and the C-3 District, Section 2.2.14 of the LDC. B. Caretaker's residence, subject to Section 2.6.16 of the 13 DIMENSIONAL STANDARDS! The follo~ing dimensional standards shall apply to all permitted principal and accessory uses the SunGate Center A. MINIMUM LOT AREA: Ten thousand (10,00O) square feet, S. MINIMUM LOT WIDTH: Seventy-five feet C. MINIMUM YARD REQUIREM]ENTS: I. ."?,,O::T YArD - ~Jcnty five fcct 1. SETBACK FROM ~.U.O. PMRIM~"rER BOUNDARY - Twentv~five feet 2. SETBACK FROM =NT~RNAL DRIVEWAYS - Five feet 3. SEPARATION BMTWL~M MUT~DINGS - One-half the sum of the heights of feeins walls but not less than fifteen feet {15~. except in the case of connected buildin~s or separate buildings wfth s 4. ANY YARD ABUTTING A RESIDENTIALLY ZONED PARCEL - Twenty-five feet (25'). D. MAXIMUM HEIGHT: Fifty feet (50'). E. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES: One thousand (1,000) square feet for each building on the ground floor. F. OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS~ As required in Division 2,3 of the LDC. ID the event any of the ~re~s "A"."B"."C". or "~" are separated by action of sub-division or re-plat. individual Tracts may have separate end exclusive accessways and parkind areas or may. in any combination of Tracts. share socesswavs and markin~ lots. so that ~nv two or more of the Tracts can functiom together as a sinqle ShODDinS ~enter. AnY such shared accessways Qr shared Darkina radiiSties shall be formally Eecoanized by Dublilly recorded easements. U. LANDSCAPING: AS required in Division 2.4 of the LDC, except that the provisions of Section 2.4.7.4 shall not aDDIV tO interior lot lines within the P.U.D. H. MERCHANDISE STORAGE AND DISPIAYZ Unless specifically permitted for a use, outside storage or display of merchandise is prohibited. I. SIGNS: As required in Division 2.5 of the LDC. · 14 SECTION 4 DEVELOPMENT COMMITMENTS A. The purpose of this Section is to set forth the development commitments for'development of the project. A. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, end regulations applicable to this PUD and in effect at the time of building permit application. Except where specificall noted or stated otherwise, the standards and speoiftcattons of the official LOt shall apply to this project even if the land within the 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 shall agree to follow the PUD Master Plan and the regulations of the PUD Document as adopted and any other conditions or modifications as may be agreed to in the rezontng of the property. In addition, the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 4.3 PUDMASTER PLAN A. The PUD Master Plan, identified as Attachment iljustrates the proposed development and As conceptual in nature. Proposed tract, lot, or land use boundaries or special land use houndaries shall not be construed to be final and may be varied at any subsequent approval phase as may be executed at the time of WAne1 Platting or Site Development Plan application, subject to the provisions of Division 2.0, Section CHANGES AND AMENDMMNT~e Of the LDC, to which amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall he granted to insure the continued operation and maintermnomof all service utilities and all common areas lathe project. 4.4 S~!EDULE OF DEVET. X)~/HONtTOR~NG REPORT A. The Developer intends to begin development of the project as early as possible upon approval of the petition by the Board of County Commissioners and continue working until all of the site improvements along with the required buildings are completed in accordance with the conditions of the approved PUD Document. This PUD shall be subject to the Su,set Provis~ons of Division 2.7, Sectiort 2.1.3.4, of the LDC. ~onitoring Report~ An annual monitoring report shall be submitted pursuant to D~vil~o~ 2.7, Sectio~ of the LDC. 4.5 MAINTENANCE OF COMMON A. In the event of private streets, common open spaces, or any other such ~r~vate amenities, the maintenance of said amenitiee shall remain the responsibility of the property owner, his/her successor in title or assignee. 4.6 TRANSPORTATION A. Appropriate turn lanes into/out of this proJec~ shall be provided from Green Boulevard by the develooer ~hq ~me of final a~Droval of the Site Development Plan COt Tract "B". B. Arterial level street lighting shall be provided at 811 project entrances at the time they are establishe4 by C. Impact fees shall be paid in accordance with Ordinance No. 92-22. D. At such time, at the discretion of Collier County, that a traffic signal becomes necessary for the intersection of C.R. 951 and Green Boulevard, the developer, his heirs, assigns or successors in title or interest, shall be responsible for a fair share payment toward the cost of same. Any such signal shall be owned, operated and mainta~nedbyCollier County. E. No access to this project shall be permitted from C.R. 951. 16 4.7 WATER MANAGEMENT/ENGINEERING A. The Developer and al1 subsequent landowners are hereby placed on notice that they are required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site. This includes, but is not limited to, Preliminary subdivision Plats, Site Development Plans, and any other application that will result in the issuance of a final or final local development order. B. Platting is required in accordance with Collier County Subdivision Regulations, if any lots, tracts, or parcels are to be sold. C, Access into each tract as shown on the PUn Master Plan is informational only. Location and number is subject to Preliminary Subdivision Plat or SDP approval. A. Water distribution systems to serve the project are to be designed, constrlJcted, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and any other applicable County rules and regulations. B. All customers connecting to the water distribution systems to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. c. The on-site water distribution system to serve the project shall be connected to the District's water main on the east side of S.W. 39th Street consistent with the main sizing requirements specified in the County'e water Master Plan and extended throughout the project. The final distribution system shall be aDDroved by Collier County Utilities Division. D. Prior to Final SDP approval, a letter of water availability from the Collier County Utilities Division shall be submitted to Project Review Services. E. Prior to final plans submission approval, In the event-~h~-t~e~e !~ ~e~r ~ aoDlicable aereements for the connection of the Dro~ect to_central sewer service shall be executed between 8DDliCant- Collier County Utilities. and Florida Cities Water ComPany. 17 F. The Developer, at his expense, rill install and operate interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into betwee~ the County and the Developer, binding on the Developer, his assigns or successors, regarding any interim treatment facilities to be utilized. The agreement shall be legally sufficient to the County, prior to the approval of construction documents for the project, and shall be in conformante vith the requirements of Collier County Ordinance No. 88-76, as amended. U. Prior to approval of construction documents by the County, the Developer shall present verification pursuant to Chapter 367, florida Statutes, tha~ the Florida Public Service Comelesion has granted territorial rights to the Developer to provide sewer services to the project until the County can provide these services through its own water and sewer facilities. 4.9 "'~ .... r ,TI~ACC[SSORY STRUCTURgS A. Accessory structures shall be constructed simultaneously with or folZov~ng the construction of the principal structure except for · construction site office. a~. ~0 A. All signs shall be ~n accordance vith Division 2.5 of the LDC. 4-.A~LANDSCAPING FOR OFF-~TRE~T ~.11 ~' - A. All landecaping for off-s~reet parking areas ehall in accordance otherw~se ~rov~de~ 18 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 tsa true copy of: Ordinance No. 95-42 whlch was adopted by the Bosrd of County Commissioners on the 20th day of June, 1995, during Regular Session. WITNESS my hand and the official seal oE the Board of County Commissioners of Collier County, Florida, this 27th day of June, 1995. DWIGHT e. BROCK Clerk of Courts and Clerk.' gX-offlcJo to Board of CoUnty Commissioners ~ Deputy Clerk "