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Ordinance 92-005 ORDINANCE 92- 5 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH iNCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR T~E UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA AND BY AMENDING THE OFFICIAL zo INa ATLAS BP , ,BERED BY c, =IN= THE ZONi, G CLASSIFICATION oF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" o_ TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN ~ AS PLAZA 21, FOR COMMERCIAL DEVELOPMENT, E. " FOR PROPERTY LOCATED NORTHWEST OF THE ~ ": INTERSECTION OF 111TH AVENUE NORTH AND ,'~' U.S. 41, IN SECTION 21, TOWNSHIP 48 " SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 17.2 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 90-44, AS AMENDED, THE FORMER PLAZA 21 PUD; AND BY PROVIDING AN WHEREAS, Michael R. Fernandez of Agnoli, Barber & , Brundage, Inc., representing the Ericksen Communities, Inc., 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 in Section 21, Township 48 South, Rang~' 25 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 and by reference made part hereof. The Official Zoning Atlas Map Numbere~d 8521S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended !~"~' accordingly. Ordinance Number 90-44, as amended, known as the Plaza 21 PUD, adopted on June 5, 1990 by the Board of County Commissioners of Collier County is hereby repealed in its entirety. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~/~day of ,~, 1992. A~TEST: :;' BOARD OF COUNTY COMMISSIONERS JAMES C. GILES~,~Clerk COLLIER COUNTY, FLORIDA ' /' t ~'~",L~ " ' A~PROVED' AS TO FORM AND LEGAL SUFFICIENCY Secretory of ~ate's Office th.~ mu~o~ K, STUDENT ~-- ~W o:/~/~//t~- :::~ ASSISTANT COUNTY ATTORNEY o~ o~k.-.~,.~ '~mc~ o~ thor filir~g rrc:'i,,-d this ~ day r 50 3'58 ' · ~00M' P~r,t -2- PLANNED UNIT DEVELOPMENT PREPARED FOR= ERICKSEN COMMUNITIES INC. N~PLES, FLORIDA PREPARED BY= AGNOLI, BARBER & BRUNDAGE, INC. 7400 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 33963 AMENDED BY: COLLIER COUNTY D"-v~LOPMENT BERVICES DIVISION COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 33942 DRAFT DATE 11/27/91 DATE FILED 9/19/91 ~ DATE REVISED 1/13/91 DATE REVIEWED BY CCPC 11/21/91 DATE APPROVED BY BCC 1/14/92 ORDINANCE NUMBER 92-5 AMENDMENTS AND REPEAL EXHIBIT "A" PAGE LIST OF EXHIBITS AND TABLE SHORT TITLE iii STATEMENT OF INTENT iii STATEMENT OF COMPLIANCE iV SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2-1 SECTION III COMMERCIAL AREAS PLAN 3-1 SECTION IV DEVELOPMENT COMMITMENTS 4-1 EXHIBIT "A" PUD Master Plan 5-1 This Ordinance shall be known and cited as "Plaza 21 Planned Unit Development Ordinance." BTATEMENT OF INTEN~ The purpose of this statement is to express the intent of the owner, Ericksen Communities, Inc., to commence development of a Commercial Activity Center Planned Unit Development (PUD). It is the intent of Ericksen Communities, Inc. to continue the development of architecturally unified commercial establishments built on the project site and on the concept of arrangement and unified control. The unified development approval under the PUD district designation will ensure that the shopping center is aes- thetically pleasing and functionally efficient. It will allow an efficient pattern of internal circulation to be established with limited points of vehicula~ ingress and egress. These functional and aesthetic advantages, which cannot be provided in the conven- tional strip commercial development configurations, have been maximized and shall be sustained in the approval of this Planned Unit Development. ~e Planned Unit Development shall be limited to specific commer- cial Uses which are compatible and inter-related to the business operations of a community shopping center. It is the intent of Ericksen Communities, Inc. to continue development in accordance with the regulations of this Planned Unit Development. It is the purpose of this document to set forth the complete plan, regula- tions, and conditions of development along with other information required in accordance with the PUD Ordinance. STATEMENT OF COMPLIANCE The development of approximately 17 acres of property in Collier County and within an Activity Center, as a Planned Unit Develop- ment to be known as Plaza 21, will be in compliance with the planning goals and objectives of Collier County as set forth in. the Growth Management Plan and it's provisions for Activity Center development. This compliance includes: ~otivit¥ Center Pro4eot 1. The subject property is located in an area identified as an Activity Center in the Growth Management Plan for Collier County. 2. Activity Centers are the preferred locations for the con- centration of commercial and mixed use development ac- tivities. 3. The subject tract is located on the north of 111th Avenue North and west of U.S. 41. This strategic location allows the site superior access for the placement of commercial 4. The project is in compliance with all applicable County regulations including the Growth Management Plan. 5. The project will be served by a complete range of services and utilities as approved by the County. 6. 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. 7. The Planned Unit Development includes open spaces and naturalized open features which serve as project amenities. 8. All final local development orders for this project are sub- Ject to the Adequate Public Facilities Ordinance. SECTION I ~ PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PVRP0SE The.purpose of this Section is to set forth the location and ownership of the property, and to describe the existing con- ditions of the property proposed to be developed under the project name of Plaza 21. LEGAL DESCRIPTION A parcel of land lying in Section 21, Township 48 South, Range 25 East, collier County, Florida, said parcel of land being more particularly described as follows: Commencing at the southeast corner of said Section 21; thence North 89'50'30" West along the southerly line of the southeast quarter (SE 1/4) of said Section 21 for a distance of 995.63 feet; thence North 0'09'30" East for a distance of 40.00 feet to an intersection with the northerly right-of- way line of 111th Avenue North, said intersection being the Point of Beginning of the parcel of land herein being described; j. thence North 00'09f30" East for a distance of 398.00 feet; thence North 4§'09f30" East for a distance of 190.00 feet; i!~ thence North 00'09~30" East for a distance of 390.00 feet; thence North 45'09'30" East for a distance cf 200.00 feet; thence North 00'09'30" East for a distance of 100.00 feet; thence North 45'09'30" East for a distance of 151.26 feet; ~.'.' thence South 89e50~30" East for a distance of 442.82 feet to · . an intersection with the westerly right-of-way line of Tamiami Trail (U.S. 41, S.R. 45); thence South 0e43'07" East along said westerly right-of-way line for a distance of 869.34 feet to the northeast corner of lands as described in O.R. Book 744, page 144, Public Records ~"~ of Collier County, Florida; thence South 89e16'53" West along the northerly line of said lands and along the northerly line of lands as described in O.R. Book 743, page 1487, Public Records of Collier County, Florida, for a distance of 400.00 feet; thence South 0'43'07" East along the westerly line of said last mentioned lands and along the westerly line of lands as ~i described in O.R. Book 1173, page 1580, Public Records of Collier County, Florida for a distance of 395.42 feet to an 1-1 intersection with the said northerly right-of-way line of lllth Avenue North; thence North 89es0t30" West along the said northerly right- of-way line of 111th Avenue North for a distance of 444.95 feet to the Point of Beginning; containing 17.190 acres of land more or less; subject to easements and retrictions of record. ~T]~J--gJ~J~/ The subject property is currently under the legal ownership and unified control of Collier Development Corporation of Naples, Florida and under contract for purchase by Ericksen Communities, Inc. of Naples, Florida. 1.4 ~ A. The site is currently undeveloped and has not been sig- nificantly impacted. It consists of two major upland habitats; the first is dominated by large slash pine and the second is a dense saw palmetto habitat. B. The zoning classification of the subject property prior to the date of this approved PUD Document was PUD; Plaza 21 Planned Unit Development, Collier County Ordinance 90-44. The drainage of the %~nimproved site flows to the northwest via overland flow. Elevations within the project site range from 7.5 to 8.3 feet (NGVD). Soils types include Immokalee fine sand and Charlotte fine sand. Soil types were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service). '" All of the site is in Flood Zone AE Elevation 11, according !i to Firm Map 120067 0193 D, Panel 193 of 1125. The p~:oJect includes a high quality conmunity shopping center, appropriate landscaping, parking, and common areas on approximately 17 acres. The center shall have a maximum of 143,900 gross square feet of commercial development. 1-2 SECTZON ZZ PROJECT DEVELOPMENT REQUIREMENTS The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.Z A. Regulations, requirements and references for develop- ment of Plaza 21 shall be in accordance with the .,. contents of this document. Where these regulations fail :'. to provide developmental standards, then the provisions ' of the most similar district in the Collier County Land ~.. Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in ; Collier County Land Development Code. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Plaza 21 shall become part of the regulations which govern the manner in which the PUD site may be developed. · D. Unless specifically waived through variance or waiver -' provisions within this PUD, those applicable regula- ~ tions not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a review under the provisions of the Adequate Public Facilities Ordinance No. 90-24. F. This project, shall require the submittal, review and subsequent approval of a Site Development Plan prior to the issuance of a Final Local Development Order. : : 2.3. DESCRIPTION OF PROJECT PLaN AND PROPOSED LAND : ~SES A. The project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Development Plan. 2-1 Commercial ~guare Feet COMMERCIAL AREA [Acres~_ TOTkL 143,900 Sq. ft. 17.19 acres A minimum of 30 percent open space shall be provided for within the 17.19 acre PUD. Table I is a schedule of the intended land uses, with the approximate acreage of the total project indicated. The ar- rangement of these land areas are shown on the.PUD Master ~ Development Plan (Exhibit "A"). The Master Development Plan is an iljustrative preliminary development plan. Design criteria and layout is iljustrative on the Master Develop- ment Plan and other exhibits supporting this project. It shall be understood that these exhibits are to remain ? flexible so the final design may satisfy development objec- tives and be consistent with the project development, as set · ' forth in this document. Minor changes and variations in · design and acreage shall be permitted at Preliminary Subdivision Plat or Site Development Plan (SDP) approval to ~!~ accommodate topography, vegetation, and other site conditions. : Minor changes to the master plan shall be subject to the provisions of Section 2.7.3.5, Division 2.7, Article 2 of the Collier County Land Development Code. The final size of the ~ open space lands will depend on the actual requirements for ~!' drive patterns, parking layout and requirements, and development parcel size and configuration. B. In addition to the various areas and specific items shown in Exhibit "A", utility and other easements shall be established as may be necessary. 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF L~ND USE A maximum of 143,900 gross square feet of commercial. development shall be constructed in the total project area. The gross project area is approximately 17.19 acres. The gross project density, therefore, will be a maximum of 8,366 square feet per acre or a FAR (floor area ratio) of 0.19. 2.5. RELATED PROJECT PLAN~PPROVAL REOV~EMENTS A. Prior to the recording Of a Record Plat, for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan and the Collier County Land Development Code. ~A~ B. Exhibit , 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 any area to be subdivided. Any division of property and the development of the land shall be in compliance with the Collier County Land Development Code and the platting laws of the State of Florida. C. The provisions of Division 3.3, Article 3 of the Collier County Land Development Code when applicable shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3. D. The development of any tract contemplating fee simple ownership of land shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2, Article 3, of the Collier County Land Development Code, prior to the submittal of construction plans and plat for any portion of the tract or parcel. E. Appropriate instruments'will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. F. The developer or subsequent owner of any platted parcel or platted tract shall, prior to application for a ' building permit, submit a Site Development Plan (SDP) or Preliminary Subdivision Plat for that tract or parcel to the Development Services Department for approval for applicable development subject to the provisions of Division 3.3, Article 3 of the Collier County Land Development Code. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5, Division 2.7, Article 2 of the Collier County Land Development Code. LIMITATIONS OF PLANNED UNIT DEVELOPMENT ~PPROVAL As provided for within Section 2.7.3.4, Division 2.7, Article 2 of the Collier County Land Development Code. As provided for in Section 3.2.8.3.14, Division 3.2, Article 3 of the Collier County Unified Development Code. PUD MONITORIN~ An annual monitoring report shall be submitted pursuant to Section 2.7.3.6, Division 2.7, Article 2 of the Collier County Land Development Code. COMMERC~,L ,Mtg,%B PLAN The purpose of this Section is to identify the type of' Commercial Uses and development standards that 'will be applied to this commercial planned unit development. 3.2 DEVELOPMENT EMPHASI~ A community shopping center development having a maximum of 143,900 sq. ft. of commercial development on approximately 17 acres. 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. (1) Any generally recognized retail business, service establishment, and general and professional offices, including but not limited to= a. Antique shops; appliance stores; art studios; art supplies; automobile parts stores; automobile rental; automobile service stations - fuel dispensing only; automobile oil and lube stations. b. .Bakery shops (including baking incidental to retail); banks (branch or main office) and financial institutions with or without drive through facilities; barber and beauty shops; bath supply stores; blue print shops; bicycle sales and services; book stores. c. Car wash; carpet and floor covering sales (including storage and installation) child care centers; clothing stores; cocktail lounges; confectionery and candy stores. 3-1 d. Delicatessen; drug stores; dry cleaning shops; ~ dry goods stores, department and discount stores. e. Electrical supply stores. f. Fish stores; florist shops; food markets; ~. furniture stores; furrier shops and fast food restaurants. g. Gift shops; grocery stores; and gourment shops. ~, h. Hardware stores; health food stores; health clubs; and hobby supply stores. '.,. i. Ice cream 'stores; Ice sales; interior decorating showrooms. J. Jewelry.stores. k. Laundries - self-service; leather goods and luggage stores; locksmiths and liquor stores. ~i 1. Meat market; medical office or clinic for human care; millinery shops; and music stores. m. Office (retail or professional); office supply stores. n. Paint and wallpaper stores; pet shops; pet " supply stores; photographic equipment stores; post office. ;~ o. Radio and television sales and service; small appliance stores; shoe sales and repairs; restaurants, with and without drive through facilities. p. Souvenir stores; stationery stores; shopping centers; and supermarkets. !:.,, q. Tailor shops; tobacco shops; toy shops; V ~ tropical fish stores. r. Variety stores; veterinary offices and clinics (no outside kenneling). s. Watch and precision instrument sales and repair. 3-2 t. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Zoning Director determines to be compatible in the district. (2) Planned or integrated commercial or shopping centers including any of the above uses, which may be comprised of separate buildings on a common parcel of land. Accessory Uses (1) Accessory uses and structures· customarily associated with the uses permitted in this District, including but not limited to= a. Parking lots b. Signs c. Essential Services DEVELOPMENT BTANDARDR A. Minimum Yard Requirements (1) From the property line abutting U.S. 41 right-of- way~ 25 feet. (2) From the property line abutting 111th Avenue North right-of-way~ 25 feet. (3) From the PUD~s interior and perimeter property line;, bordering the proposed Beachway PUD; 25 feet. (4) Within 15 feet of any of the above property lines (the PUD's perimeter), 20 feet abutting U.S. 41 and 111th Avenue North, no parking or driveway, except for ingress and egress, shall be allowed nor any merchandise stored or displayed. (5) All interior property lines, those not referenced above; zero (0) feet, or when adjacent to internalized vehicular access, ten (10) feet. 3-3 ~; (6) Minimum distance between principal structures; Zero (0) feet, or one half the sum of the building '! ~ heights. B. Maximum Height: 45 (forty-five) feet, including ~ parking. C. Minimum Off-Street Parking Requirement: As required by Division 2.~, Article 2 of the Collier County Land Development Coda. D. Access requirement: Every building shall be on a lot(s) adjacent to an appropriate public or private street, vehicular drive or parking aisle. E. Minimum Lot Area: 15,000 square feet. F. Minimum Floor Area of Principal Structure: 1,000 square feet. G. Signs, Minimum Off-Street Loading, Minimum Landscaping Requirements and Buffer Area: AS required by the Collier County Land Development Code. H. Storage and Utility Areas for Principal Buildings: All storage and utility areas shall be screened from view of customers and adjacent properties. I. Provisions For Off-Site Removal of Earthen Material: ~!]~"~. The excavation of earthen material and its stock piling ' in preparation of water management facilities or to otherwise develop water bodies may be allowed subject to required permits from Project Review Services. If after consideration of fill activities on those buildable portions of the project site and adjacent off-site water ,~.. management facility are such that there is a surplus of ":~: earthen material then its off-site disposal may be ~'~[~,, allowed subject to approval from Project Review Services and the following conditions. 3-4 ~,, 1. Excavation activities shall comply with the ~:.!: definition of a "development excavation, pursuant to Division 3.5, Article 3 of the Collier County Land Development Code whereby off-site -removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. · 2. All other provisions of said Division 3.5 are applicable. SECTION IV DEVELOPMENT COMMITMENTS PURPO~I The.purpose of this Section is to set forth the development commitments for the development of the project. Ail facilities shall be constructed in strict accordance with Final Site Development Plans, Preliminary Subdivision Plats and all applicable State and local laws, codes, and regulations applicable to this PUD in effect when building permits are applied for. Except where specifically noted or stated otherwise, the standards and specifications of the official Collier County Land Development Code shall apply to this project. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. PUD M~STER PL~N A. Exhibit SA", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase as may be executed at the time of final platting or site development plan application. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 4-1 C. The development may be developed in phases. Landscaped buffers and other improvements shall be made during each phase of development. 4.4. SUBDIVISION REaUL~TION~ This project shall comply with Division 3.2, of the Collier County Land Development Code. 4.S. TRANSPORT~TIO~ The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. The project's main entrance shall be on U.S. 41 about 900 to 950 feet north of 111th Avenue, subject to Florida Department of'Transportation approval. The existing median opening may be utilized, but both Collier County and Florida Department of Transportation reserve the right of median access control to include possible future conditions of median closure. B. The 111th Avenue access was originally restricted to a point midway between U.S. 41 and 8th Street. This would require a relocation from the position shown on the drawings to a point about 150 feet west of the southeast corner of Parcel C. Due to environmental considerations and the impact of the development to the south side of 111th Avenue, it is more appropriate at this time to allow this access at the location requested. Evidence shall be submitted that an agreement exists between the developers of this parcel and the parcel directly to the south side of 111th Avenue that there shall be only one fully direction median opening for these properties and that both developers shall pay their fair share cost for any traffic control improvements. C. The developer shall donate up to 32 feet for right-of- way for future improvements to 111th Avenue. Right-of- way donations shall be credited toward impact fees as provided in Ordinance 85-55, or as may be amended. The value of such impact fee credits shall be determined on a square foot basis at the developer's purchase price as confirmed by a review of the deed(s). D. The developer shall provide a fair share contribution toward the capital cost of traffic signals at any project entrance when deemed warranted by the County or the Florida Department of Transportation. The signals shall be owned, operated and maintained by Collier County. 4-2 ,~ E. The developer shall provide arterial level street ' lighting at all project accesses. F. The developer shall provide appropriate turn lanes at all project accesses and shall be responsible for any costs associated with integrating and coordinating its development with the four-laning of 111th Avenue and {~!J . Immokalee Road. Where such turn lanes are constructed i"i within the existing or proposed County right-of-way, ~' additional compensating right-of-way shall be provided '!i. by the developer. G. Road impact fees shall be in accordance with the ~ schedule contained in Ordinance 85-55, or as it may be amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of county Commissioners. ~k, H. Required improvements which are site-related as defined in Ordinance 85-55, or as it may be amended, shall not be applied as credits toward impact fees required by the ordinance. Such improvements shall be in place prior to ~/. the issuance of any certificates of occupancy. I. All traffic control devices shall conform with the Manual of Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. k · J. The developer shall be responsible for a fair share 3. contribution toward the construction of bicycle paths/pedestrian walkways along the 111th Avenue " frontage if deemed appropriate during the design stage of the 111th Avenue four laning. K. Access/egress to interior lots shall be internal to the development. ~ · L. The minimum throat length (taper) at site access points shall be 100 feet. · M. Utilization of the right-of-ways for landscaping, decorative entrance ways and signage shall be reviewed , and approved by Project Review Services in accordance to O~dinance No. 82-91, if applicable, prior to N. Prior to issuance of any building permits, a FDOT · Driveway Permit shall be provided to the County. The development of this'PUD Master Plan shall be subject to and governed by the following conditions= A. That portion of the Beachway P.U.D. property which may serve the water management needs for this project shall be permitted for construction in conjunction with the ?. construction plan approval of #Plaza 21". Documentation' ~ shall be provided from Planning Services which indicates the use of the Beachway property is consistent with approved development orders and required approvals prior !i! ' to approval of a preliminary SDP for Plaza 21. A legal agreement indicating that Beachway will grant the right ~' to Plaza 21 to utilize Beachway*s water management ~. system for storage and conveyance shall be approved by ~', the County and executed and a copy provided to County ~, staff prior to Final Site Development Plan approval. ~i B. The above referenced water management facility shall be · completed and receive preliminary acceptance prior to !.~.~'~ certificate of occupancy on Plaza 21. C. If connection to the stormwater management system in ~'' Bsachway is not made, a stormwater management system shall be designed and constructed within the projects ~i~ site and it shall be in accordance with South Florida · Water Management District criteria and Collier County iiil Regulations. ~ D. It is the intent of Plaza 21 to utilize an off-site water management facility within the Beachway PUD area. This water management area will be in a dedicated · easement that will be shown on the Plaza 21 plat. The ;~' easement can be subsequently modified subject to County staff approval and/or Board of County Commissioners ? approval,' provided its functional performance is maintained. 4.7 A. Water distribution, sewage collection and transmission ~ and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County ordinance No. 88-76, as amended, and .~ other applicable County rules and regulations. 4-4 B. All customers connecting to the water distribution and ~ sewage collection facilities 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 12 inch water main on the north side of 111th Avenue and the. ~' proposed 20 inch stub in the U.S. 41 median. This stub ~'- to be completed by the Immokalee Road water main ~ extension, consistent with the main sizing requirements i~ specified in the County's Water Master Plan. The coordination for the location and sizing of the main extension shall be processed through the County Utility Division. During design of these facilities, the .%. following features shall be incorporated into the distribution system= a. Stubs for future system interconnection with adjacent properties shall be provided to the west, i. and the south property lines of the project, at locations to be mutually agreed to by the County and the Developer during the design phase of the .. project. D. The existing off-site sewage transmission facilities 'of the District must be evaluated for hydraulic capacity to ;~: serve this project and improved as required outside the ~,,,, project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. E. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure .~.', that the District's water system can hydraulically ' provide a sufficient quantity of water to meet the i,?. anticipated demands of the project and the District's . existing committed capacity. F. Dead-end mains shall be eliminated by looping the , internal pipeline network. G. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The developer's engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's master plan. 4.8 ~ A. This project shall be subject to all environmental ordinances and land development codes in effect at the time of final development order approval, unless other- wise exempted in this PUD. B. Petitioner shall retain a minimum of 15% (approximately 2.6 acres) of existing native habitat on site. The retained natural canopy, understory and groundcover shall be maintained in perpetuity. Flexibility in the retainment/preserve areas may be allowed if during the site development plan/construction plan reviews such flexibility is necessary to accommodate both preservation of habitat and the project design. C. Protected species surveys shall be required for all subsequent final construction plans or site development plans submitted to the County for approval. D. Petitioner shall make a good faith effort to retain native vegetation within parking areas. Retained vegetation may be credited toward the required landscaping, but not toward the required 15% retained native vegetation requirement. 4.9 ACC~BBORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office. 4.10 MAINTE1TANCE OF COMMON;tREAB The developer shall establish an organization for the owner- ship and maintenance of any common open space and/or common facili~ies, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or common facilities. PLAZA 21 PUD DOCUMENT/md 4-6 BEACHWAY PUD (NOT ~NCt.UDED) ~ , CROSS N.T.S. ~HWAY PUD (~o~ m~) ~ 1" - 200' WA~ :~o ~ ~ PLAZA 21 IN~C~CT P~ ~ i ROT 2o r~r IN~UDED ~a~%~ 21 22 AREA (ACRES) $~UARE: FOOTAGE ~~.~ I I'~ 5-], 'STATE CF FLORIDA OF COLLIER .I, JAMES C. 'GILESo Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing ia a true copy of: Ordinance No. 92-5 which was adopted by the Board of County Commissioners on the 14th day of January, 1992, during Regular Session. WITNESS my hand and tho official seal of the Board of County Commissioners of Collier County, Florida, this day' of January, 1992. JAMES C. OILES Clsrk of Courts and cler~.?!"' ...... .Z /,