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Ordinance 92-093ORDINANCE NO. 92-. 9--3 .~/ ORDINANCE AMENDING ORDINANCE N~BER x~Z~__,~_~OEVELOPMENT CODE WHICH INCLUDES THE ~ COMPREHENSIVE ZONING REGU~TIONS FOR THE UNINCORPO~TED AREA OF COLLIER COUNTY, . ~. ~ ~T~S ~P NUHBER GGE02j BY CHANGING THE ', ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "E" ESTATES TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS SUNGATE CENTER PUD FOR COMMERCIAL USES FOR PROPERTY LOCATED ON THE WEST SIDE OF C.R. 951 BETWEEN 15TH AVENUE S.W. AND GREEN BOULEVARD, LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH, ~NGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXI~TELY 9.09 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dr. Neno J. Spagna, of Florida Urban Institute, inc., representing Wynn Real Estate Partnership, petitioned Lne 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: ~ECTION ONE: The Zoning Classification of the herein described real property located in Section 15, Township 49 South, Range 26 East, Collier County, Florida, is changed from "E" Estates to "PUD" Planned Unit Development in accordance with the SunGate Center PUD Document, attached hereto as Exhibit "A", and incorporated by reference herein. The Official zoning Atlas Map Number GGE02, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~... day of ~'~~, 1992. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY · 'MICHAEL J~' , JAMES C. GIL~RK MARJO~E M. STUDENT ASSISTANT COUNTY ATTORNEY Th~s ord~no~, {~,d ,ith the $~cretory u~ State's Cffice th~ nb/8258 and ocknow'~?~f that -2- SunGate Center PUD A Planned Unit Development Regulations and supporting Master Plan governing SunGate Center PUD a Planned Unit Development pursuant to provisions of the Collier County Land Development Code (LDC) Prepared For: Wynn Real Estate Partnership 9220 Bonita Beach Road, Suite #200 Bonita Springs, Florida 33923 CONSULTING ENGINEER: 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 7/09/9~ Date Revised 10/28/92 Date Reviewed By CCPC 10/15/9~ Date Approved By BCC 11/24/92 Ordinance Number 92-95 Exhibit "A" TABLE OF CONTENTS SUBJECT PAGE NUMBER Table of Contents .......... ' ................................. i Introductory Statement ...................................... Statement of Compliance ..................................... 1 Section 1 Property Ownership and Description ..................... 3 Section 2 Project Development Requirements ....................... 5 Section 3 Commercial Area Plan ................................... 9 Section 4 Development Commitments ............................... 15 PUD Master Plan .................................... Attachment 1 INTRODUCTORY STATEMENT A. Subject property is located on the west side of C.R. 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 15 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 COMPLIANCE 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 reasons: 1. The subject property is within the "CR 951 Commercial Infill Designation" as identified on 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 order to enhance their natural functions and to serve as project amenities. 7. The Developer fully intends to comply with the conditions set forth for the development of a commercial center in the "CR 951 Commercial Infill Designation" of the Golden Gate Area Master Plan. 8. This project shall be subject to compliance with the Concurrency Management System designed to determine the adequacy of public serwice$ and facilities. SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 ~URPOS~ A. The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of SunGate Center PUD. 1.2 LEGAL DESCRIPTION Section 15, Township 49 South, Range 26 East All of Tracts 123 and 124, Golden Gate Estates, Unit 26, according to the plat thereof, as recorded in Plat Book 7, page 15, Public Records of Collier County, Florida; and grant to the grantee all appurtenant easements (s), if any, and Grantors covenant and warrant, except as provided below, that at the time of delivery of this deed: 1. the real property is free of all encumbrances; 2. lawful seisin of and good right to convey the real property vested in Grantor(s); 3. the real property is vacant land and is not homestead property. By this Deed the grantors do hereby terminate the 60' north to south easement which burdens this real property, and which was created in and by the Right-of-Way Easement recorded at O.R. Book 244, pages 948 and 953, of the Public Records of Collier County, Florida. Grantors warrant this termination is effective. 1.3 PROPERTY OWNERSHIP A. The subject property is under the ownership of WYNN REAL ESTATE PARTNERSHIP, 9220 Bonita Beach Road, Suite 200, Bonita Springs, FL 33923. 1.4 GENERAL DESCRIPTION OF PROPERT~ A. A general description of the subject property is Tracts 123 and 124 of Golden Gate Estates, Unit 26, as recorded in Plat Book 7, Pages 15 and 16 of the Public Records of Collier County, Florida (for complete legal description, refer to Section 1.2). B. The subject property is located on the west side of C.R. 951 between 15th Avenue S.W. and Green Boulevard in the unincorporated area of Collier County, Florida. C. The zoning classification of the subject property prior to the date of this approved PUD Document was "E" Estates. 1.5 PHYSICAL DESCRIPTION A. The property consists of approximately 9.09 acres of land located in the unincorporated area of Collier County, Florida. The elevation of the property varies from 11+' - 13+' NGVD. Water Management for the proposed project is planned to be a series of retention areas and swales as shown on the PUD Master Plan, included as part of this PUD Document. According to the USDA Soil Survey of Collier County Florida, issued March 1954, the soil classification of the project site consists primarily of Arzell Fine Sand (Aa5) and a small area of Keri Find Sand (Kb). The relief of the Arzell Fine Sand (Aa5) soil classification is characterized as level, nearly level, or slightly depressional. Surface runoff is very slow or ponded; internal drainage is rapid when freed of high water table; depth to bedrock is 48-80 inches; reaction is slightly acid to neutral; and, the principal vegetation before clearing was slash pine, shrubs, grasses, some areas cypress or prairie. The internal drainage of the Keri Fine Sand (Kb) is charaterized variable; the depth to bedrock is 6-54 inches; reaction is strongly acid above marl, alkaline below; principal native vegetation before clearing was slash pine, cabbage palmetto, saw-palmetto, shrubs and grasses. 1.6 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 along with the required water management, open space, and related accessory uses and structures. 1.7 SHORT TITLE A. This ordinance shall be known and cited as the SunGate Center Planned Unit Development Ordinance. 4 SECTION 2 PROJECT DEVELOPMENT REQUIREMENTS A. 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 cf the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of SunGate Center PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed in the approved PUD Document . shall depict the restrictions for the development of the SunGate Center PUD and shall become part of the regulations which govern the manner in which 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 govern the manner in which the PUD site may be ~eveloped. D. Unless specifically waived through ~;ny'variance or waiver provisions from any other applicable regulations, the provisions of those regulations 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 Concurrency Review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 5 2.3 DESCRIPTION OF PROJECT AND PROPOSED LAND USES A. The layout of the uses of land for the various tracts, is iljustrated graphically on the map titled "PUD Master Plan". B. The following land use matrix summarizes the proposed uses of the SunGate Center PUD: bAND USE S~HEDUL~ INTENSITY PARCEL PROPOSED USE (SQ. FEET~ ACREAGE Tract "A" Commercial 63,000 6.336 Tract "B" Commercial 20,000 2.754 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 shallow, 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 the PUD Master Plan. Minor modifications 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, (including landscape buffer areas, utility, private, semi-public, etc.) shall be established within or along the tracts shown on the PUD Master Plan. 2.4 DESCRIPTION OF PROJECT INTENSITY OF LAND USE A. A maximum of 63,000 square feet of gross leasable area (GLA) of commercial development sha~.l be permitted on Tract "A", and a maximum of 20,000 square feet of GLA shall be permitted on Tract "B", for a total project GLA of a maximum of 83,000 square feet. 6 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat and/or Condominium Plat for all or part of the PUD, final plans of 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 laws 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 Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3, SITE DEVELOPMENT PLANS, 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 issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER p~AN A. Amendments may be made t° the PUD as provided in Division 2.0, Section 2.7.3.5, of the LDC. 2.7 PROVISION FOR OFF-SITE REMOVA~ OF ~ARTHSN MATERIAL A. The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies shall require an excavation permit in accordance with Section 3.5 of the LDC. If after consideration of fill activities on those buildable portions of the project site are such that. there is a surplus of earthen material, then its off- site disposal is also hereby permitted subject to the following conditions: 1. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Division 3.5, Section 3.5.5, ~, whereby off-site removal shall not exceed 10% of the excavated material to a maximum of 20,000 cubic yards. 2. All other provisions of Division 3.5 are appl.icable. SECTION 3 COMMERCIAL AREA PLAN 3.1 PURPOSE 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 DEVELOPMENT EMPHASIS A. The Developer states that the requested commercial uses are in compliance with the uses and intended intensity level of the Golden Gate Area Master Plan. B. The intensity of land use, types of use activities, and acreage assigned to this development is shown as follows: INTENSITY PARCEL PROPOSED USE ~ ACREAGE Tract "A" Commercial 63,000 6.336 Tract "B" Commercial 20,000 2.754 Totals 83,000 9.090 3.3PERMITTED PRINCIPAL US~$ The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), are permitted as of right in the SunGate Center PUD. A. Antique shops (5932); appliance stores (5722); art studios (5999); art supply shops (5945); automatic merchandizing machine operators (7962); automobile parts and home supply stores (5531); automobile service stations without repairs (5541) (subject to Section 2.6.28) . B. Bakery shops (5461); bait and tackle shops (5941); banks and financial institutions (6011-6289); barber and beauty shops (7231 & 7241); bath supply stores (5999); bicycle sales and services (5941); blueprint shops (7334); 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 (8243-8249); computer sales, leasing, service, and software stores (5734, 7371- 7379); confectionery and candy stores (5441). 9 D. Dance studios (7911); delicatessens (5399); department stores (5311); drug stores (5912); dry cleaning shops (7212); dry goods stores(5399); and drapery shops (5714). E. Educational services (8211-8299); electrical supply stores, equipment rentals and leasing (7352, 7359) including lawn mowers 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 stores (5712 - 5719); furrier shops (5632). G. Garden supply stores - outside display in side and rear yards (5261); general merchandise stores (5399); gift and novelty shops (5947); glass and mirror sales, including storage and installation (5719); gourmet shops (5499); 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 & 5812). 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); museums and art galleries (8412); music stores (5736) . M. News stores (5994). N. Office - general (6311-6799, 7311-7338, 7361, 7383, 7389, 7829, 8082, 8711-8713, 8741-8743, 8748); optical goods stores (5995). O. Paint and wallpaper stores (5231); personal services, miscellaneous (7299)*; pet supply shops (5999); photo finishing laboratories (7384); photographic equipment stores (5946); photographic portrait studios (7221); pottery stores (5719); private clubs and membership organizations (8611-8699) (subject to Section 2.6.10); professional offices (8111, 8711, 8721); public administration offices (9111-9222, 9224-9661). 10 * Miscellaneous Personal Services are Specifically Limited To: Babysitting bureaus Bartering services for individuals Birth certificate agencies Blood pressure testing, coin-operated Buyer's club Car title and tag services Clothing rental, except industrial launderers and linen supply Coin-operated service machine operation; scales, shoeshine, lockers, and blood pressure College clearinghouses Computer photography or portraits Consumer buying service Costume rental Dating Service Debt counseling or adjustment service to individuals Depilatory salons Diet workshops Dress suit rental Electrolysis (hair removal) Genealogical investigation service Hair weaving or replacement service Porter service Quilting for individuals Rest room operation Scalp treatment service Shopping service for individuals Tuxedo rental Wardrobe service, except theatrical P. Radio, television, and consumer electronics sales and services (5731); record and prerecgrded tape stores (5735); repair shops, miscellaneous (7699)**, restaurants, including drive-in fast food restaurants (5812) (subject to Section 2.6.10); miscellaneous retail stores (5999). ** Miscellaneous Repair Shops are Specifically Limited To: Antique repair and restoration, except furniture & automotive Bicycle repair shops Camera repair shops Dental instrument repair Drafting instrument repair Harness repair shops Key duplicating shops Lawnmower repair shops Leather goods repair shops Lock parts made to individual order Locksmith shops Luggage repair shops 11 Measuring and controlling instrument repair, mechanical Medical equipment repair Meteorological instrument repair Microscope repair Mirror repair shops Musical instrument repair shops Nautical and navigational 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 Scientific instrument repair Sewing machine repair shops Sharpening and repairing knives, saws and tools Stove repair shops Surgical instrument repair Surveying instrument repair Taxidermists Tent repair shops Thermostat repair Tuning of pianos and organs Typewriter repair, including electric Venetian blind repair shops Window shade repair shops Q. Services, miscellaneous (8999)***; sewing, needlework, and piece goods stores (594~); shoe repair (7251); shoe stores (5661); shopping centers (6512); sporting goods stores (5941); social services (8322, 8351, 8399); souvenir stores (5947); stationer~/ stores (5943); supermarkets (5411). *** Miscellaneous Services are Specifically Limited To: Actuaries, consulting Advertising copy, writers of Announcers, radio and television services Art restoration Artificial nucleation (cloud seeding) Artists' studios, except commercial and medical Artists' except commercial and medical Authors Chemists, consulting; not connected with business service laboratories christian science lecturers Consultants, nuclear; not connected with business service laboratories Entomologists, consulting; not connected with business service 12 laboratories Geologists, consulting; not connected with business service laboratories Ghost writing Greeting cards, hand painting of Inventors Lecturers Music arrangers Newspaper columnists Physicists, consulting; not connected with business service laboratories Psychologists, industrial Radio commentators Sculptors' studios Song writers Stained glass artists Weather forecasters Writers R. Tobacco shops (5993). S. Variety stores (5331); veterinarian offices and clinics - no outside kennels (0742-0752); video tape 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 Planning Manager determines to be compatible in the district. V. Temporary sewage treatment facility. 3.4 PERMITTED ACCESSORY USES A. Accessory uses and structures customarily 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 LDC. 13 3.5 DIMENSIONAL STANDARDS; The following dimensional standards shall apply to all permitted principal and accessory uses in the SunGate Center PUD. A. MINIMUM LOT ~REA: Ten thousand (10,000) square feet. B. MINIMTJM LOT WIDTH: Seventy-five feet (75'). C. MINIMUM YARD REQUIREMENTS: 1. FRONT YARD - Twenty-five feet (25'). 2. SIDE YARD - Fifteen fest (15'). 3. REAR YARD - Fifteen feet (15'). 4. ANY YARD ABUTTING A RESIDENTIALLY ZONED PARCEL - Twenty-five feet (25'). D. Fu%XIMTJM HEIGHT: Fifty feet (50'). E. MINIMUM FLOOR AP~EA OF PRINCIPAL STRUC~RES: One thousand (1,000) square feet for each building on the ground floor. F. OFF-STREET P~J~KING AND OFF-STREET LOADING ~EQUIREMENTS: As required in Division 2.3 of the LDC. G. I2%NDSCAPING: As required in Division 2.4 of the LDC. H. MERCH3%NDISE STORAGE AND DISPLAY: 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. 4.2 GENERAL 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, and regulations applicable to this PUD and in effect at the time of building permit application. Except where specifically noted or stated otherwise, the standards and specifications of the official LDC 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 rezoning 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 ~ A. The PUD Master Plan, identified as Attachment "1", 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, subject to the provisions of Division 2.0, Section 2.7.3.5, CHANGES AND AMENDMENTS, of the LDC, to %chi,:h amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all servic(~ utilities and all common areas in the project. 15 4.4 ~CHEDULE OF DEVELOPMENT/MONITORING 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. It is estimated that completion of this project will be within eight (8) years from date of County approval, i.e., by the year 2000, assuming that County approval is in 1992. This PUD shall be subject to the Sunset Provisions of Division 2.7, Section 2.7.3.4, of the LDC. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Division 2.7, Section 2.7.3.6, of the LDC. 4.5 ~J%INTENANCE OF COMMON AREAS A. In the event of private streets, common open spaces, or any other such private amenities, the maintenance of said amenities 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 project shall be provided from Green Boulevard. B. Arterial level street lighting shall be provided at all project entrances. 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 maintained by Collier County. E. No access to this project shall be permitted from C.R. 951. 16 4.7 WATER MANAGEMENT/ENGINEERING A. The Developer and all 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, Preli~:inary 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 PUD 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, constructed, 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's Water Master Plan and extended thcoughout the project. During design of these facilities, dead-end mains shall be eliminated by looping the internal pipeline network. 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, a letter from the Florida cities Utilities Company indicating that no central sewer facilities are available to serve this project shall be provided to Project Review Services. In the event that there is sewer availability, connection to the central sewer facilities shall be made. 17 F. The Developer, at his expense, will 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 between the County ~d'th~ 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 conformance with the requirements of Collier County ordinance No. 88-76, as amended. G. Prior to approval of construction documents by the County, the Developer shall present.verification pursuant to Chapter 367, Florida°Statutes, that the Florida Public Service Commissioh-has..granted._ territorial rights to the Devel6p~r't6 provide'sewer se=vices to the project until the. C6unty can.proyide these services through its own. water and sewer.. facilities. ' 4.9 ENVIRONMENTAL A. The temporary sewage treatment facility shall be constructed and operated in accordance with the provisions of Collier County ordin~h6e No. 91-103, section 4.3.1.1.1 (croundwateFi? ion Orainance). 4.10 ACCESSORY STRUCTURES A. Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office. 4.11 SIGNS A. All signs shall be in accordance with D.[vision 2.5 of the LDC. 4.12 LAND~CAPIN~ FOR QFF-ST~EET PARKING AREAS A. Ail landscaping for off-street pa~king areas shall be in accordance with Division 2.4 of the LDC. 18 ~ ct "^" ~ CR 951 ~ ~ Perking &: I~ (100' R/W) -Access Lone', I Location Mop .'.'.': I I _ / ~___~~_L~ .... Green Blvd. (100' R~) ~"~ ~--~ I~ynn Partnership j Vu.=ol, Cenler J::~~-- PUD ~., ~.~ Masler Plan STATE OF FLORIDA COUNTY OF COLLIER I, JAMES C. GILES, 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. 92-93 which was adopted by the Board of County Commissioners on the 24th day of November, 1992, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of November, 1992. JAMES C. GILES Clerk of Courts and Clerk , '%'~ Ex-officio to Board of ' · .,, County Commissioners '. B~: /s/Mau~een K~nyon % 'Deputy Clerk ",' 77