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Ordinance 90-057 ORDINANCE 90- 57 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 ~THE ~ COMPREHENSIVE ZONING REGULATIONS FOR THE ~4~UI~INCORPORATED AREA OF COLLIER COUNTY, FLORIDA 'V '%~,~Y AMENDING THE OFFICIAL ZONING ATLAS MAP _ ~UMBER 48-30; BY CHANGING THE ZONING %~ ~ ~IT DEVELOPMENT KNOWN AS PRICE PUD FOR " - <~ONVENIENCE/COMMERCIAL FACILITIES AND ' '~_~%%O~/CORNER OF CR-858 (OIL WELL ROAD) AND SR-29, ~ LOCATED IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE~q 30 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane of Hole, Montes and Associates, Inc., represmnting John E. Price Jr., 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 17, Township 48 South, Range 30 East , Collier County, Florida,is changed from A-1MH-ACSC/ST to "PUD" Planned Unit .~.~' Development in accordance with the PUD document, attached hereto as Exhibit "A" which is incorporated herein and by reference made part hsreof. The Official Zoning Atlas Map Number 48-30, as described in Ordinance Number 82-2, is hereby amended accordingly. 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 19th day of JUNE , 1990. :'.:~' · ........... BOARD OF COUNTY COMMISSIONERS ..~ ,,3 ."~ ~ ".. COLLIER COUNTY, FLORIDA JAM'ES C¥:.'GIL~" ~LERY~ MAX X. HASSE, 'Jif., CHAPter'lAN , . ."..' .i:. / .. · APPROVED AS TO FORM AND LEGAL SUFFICIENCY Thl~ ~Ino,~ lil~d STUDENT ASSISTANT COUNTY ATTORNEY b0~ 397~,~,[ R-90-04 PUD ORDINANCE ~ I ~'~¢~-~'~-" nb/2626 THE "PRICE 'PUD" PLANNED UNIT DEVELOPMENT HMA FILE NO. 89.83 Prepared By Hole, Montes & Associates, Inc. 715 10th Street South Naples, Florida 33940 June 19, 1990 Exhibit "A" 39 : SECTION I STATEMENT OF COMPLIANCE 1 2 e · e · e i ~ e ~ i e e · · ! · · · · · · · · ~ · · · -- SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL ....... 3 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION ........ 4-5 SECTION IV GENERAL DEVELOPMENT REGULATIONS .................... 6-9 SECTION V . VIRO ENTAL STAND,mOS ............................ SECTION VI TRANSPORTATION REQUIREMENTS ........................ 12-13 SECTION VII UTILITIES REQUIREMENTS ............................. 14 SECTION VIII WATER MANAGEMENT REQUIREMENTS 15 16 LIST OF ATTACH~ENT~ ATTACHMENT A: CONCEPTUAL PUD MASTER PLAN ATTACHMENT B: CONCEPTUAL SITE DEVELOPMENT PLAN ATTACHMENT C: LEGAL DESCRIPTION 39 298 SECTION I STATEMENT OF COMPLIANCE The development of this project will be in substantial compliance with the planning goals and objectives of Collier County and the State of Florida. This compliance includes: 1. The subject property is located in an area delineated as the Big Cypress Area of Critical State Concern. As such, development and water management patterns will adhere to the provisions, pertinent to this project, set forth in the Collier County Growth Management Plan and the Zoning Ordinance of Collier County. 2. The subject tract is located near the northeast corner of the county Road 858 and State Road 29 interchange. The lack of convenience commercial facilities in this area recognizes the strategic location of this site and allows this site superior access for the placement of this commercial activity. 3. This ~project will be in compliance with applicable County Regulations and the Florida Administrative Code governing development within the Big Cypress Area of Critical Concern. 4. The project will be served by a complete range of services and utilities, as approved by Collier County. 5. This project will serve to compliment the Area of Concern through superior site design, utilities placement and water control structures to allow for minimal or no impact upon this area. 6. This Planned Unit Development includes open spaces and natural features, which are preserved from future development in order to enhance their natural functions and to serve as project amenities. 7. These regulations will provide a land and water management system that will preserve water quality, provide for optimum utilization of limited water resources of the area, facilitate orderly and well planned development and protect the health, safety, and welfare of the citizens of Collier County and the State of Florida. 8. Compliance:with Collier County Growth Management Plan: A. The Dro~ect is 2.5 acres or less in si~e. Although this Planned Unit Development is 18± acres, the actual developed site will be 1.8± acres with the remaining 16.2± acres to continue in agricultural use. As such, this development meets this 2.5 acre or less criteria. B. The pro4ect is no closer than 5 miles from the nearest ~>~' developed commercial area zoned co~nercial area or '~" designated Activity Center (measured by radial distance~ This project, located at S.R. 29 and County Road 858, is some eight miles north of S.R. 84, ten miles south of Immokalee and 25 miles east of Immokalee Road. The remote location of this site is the basis for the proposed commercial use in this area. C. The proposed uses are considered lowest order goods and services: The uses proposed on this site are a combined automobile service station, convenience food store, and delicatessen. These uses are allowed in the C-2 district and meet the criteria for lowest order goods and/or services. D. The project is located on an arterial or collector This site is near the intersection of the two major highways in this region which serve as arterial roadways and, hence, meet this criteria. E. The project is buffered from adPacent properties: The 16.2± acres surrounding this 1.8~ acre site will be left in its natural state and will serve as a buffer to adjacent properties. SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPT'~'ON, SHORT TITLE AND STATEMENT OF UNIFI~.D CONTROL 2.1 PROPERTY OWNERSHIP The subject property is currently owned by: John E. Price, Jr. 2.2 LEGAL DESCRIPTION The subject property is described in Attachment C. This ordinance shall be known and cited as the "Price Planned Unit Development Ordinance". 2.4 STATEMENT OF UNIFIED CONTROL It is the intent of John E. Price, Jr., to develop a Planned Unit Development of approximately 18+ acres of property at the northeast corner of County Road 858 and State Road 29 in Collier County, Florida. This statement represents that John E. Price, Jr., currently has the subject property under unified control for the purpose of obtaining PUD zoning. Development of this Planned Unit Development will comply with the submitted Planned Unit Development Regulations and any conditions thereof approved in conjunction with the Rezone Petition as described and agreed to within the PUD Document. : SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION ?;~. . It is the developer's intent to establish a Planned Unit Development. It is the purpose of this document to set forth flexible guidelines for the future development of the project that meet accepted planning principles and practices. 3.2 PROJECT DESCRIPTIO~ This project shall encompass two tracts. Tract I will serve as a site for a commercial convenience facility to serve this area and the general public. Tract II shall be designated an area to meet the intent of the guidelines for land preservation and development in the Big Cypress Area of Critical State Concern. · :" 3.3 PLAN APPROVAL :::' A. Should this development meet the definition of a subdivision, as defined in the Subdivision Regulations, then development of this project shall be pursuant to the Subdivision Regulations for Collier County. B. The Developer shall submit a site plan for Site Development Plan review and approval prior to applying for a building permit. c. This petition shall comply with all paragraphs of Section 9.8 of the Collier County Zoning Ordinance 82-2, as amended. D. This petition shall comply with Chapter 27F-3, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". E. Per Chapter 9J-l, Florida Administrative Code, and Section 380.07(2), Florida Statutes, this project shall be reviewed and approved by the State of Florida Department of Community Affairs before the development order can become final. F. Site alteration shall be limited to 10% of the total site size, or 1.8 acres. Non-permeable surfaces shall not exceed 50% of the development area. ~ 4 · 302 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION ?;~. . It is the developer's intent to establish a Planned Unit Development. It is the purpose of this document to set forth flexible guidelines for the future development of the project that meet accepted planning principles and practices. 3.2 PROJECT DESCRIPTIO~ This project shall encompass two tracts. Tract I will serve as a site for a commercial convenience facility to serve this area and the general public. Tract II shall be designated an area to meet the intent of the guidelines for land preservation and development in the Big Cypress Area of Critical State Concern. · :" 3.3 PLAN APPROVAL :::' A. Should this development meet the definition of a subdivision, as defined in the Subdivision Regulations, then development of this project shall be pursuant to the Subdivision Regulations for Collier County. B. The Developer shall submit a site plan for Site Development Plan review and approval prior to applying for a building permit. c. This petition shall comply with all paragraphs of Section 9.8 of the Collier County Zoning Ordinance 82-2, as amended. D. This petition shall comply with Chapter 27F-3, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". E. Per Chapter 9J-l, Florida Administrative Code, and Section 380.07(2), Florida Statutes, this project shall be reviewed and approved by the State of Florida Department of Community Affairs before the development order can become final. F. Site alteration shall be limited to 10% of the total site size, or 1.8 acres. Non-permeable surfaces shall not exceed 50% of the development area. ~ 4 · 302 SECTION IV GENERAL DEVELOPMENT REGULATIONS ,~' 4.1 PURPOSE The purpose o~ this Section is to delineate the development regulations that accompany the Conceptual PUD Master Plan. 4.2 PERFORMANCE STANDARDS A. Where development standards are not specifically provided for in this document, the applicable standards of the. Collier County Zoning Ordinance and regulations of the Department of Community Affairs concerning the Area of State Critical Concern Development shall apply. B. Site alteration shall be limited to ten (10) percent of the total project area, of which only 50% shall be impervious. 4.3 LAND USE INTENSITY AND PROJECT PHASING '~ PARCEL ~SES ~ ~"' TRACT I Retail 1.8± TRACT II Preserve/ 16.2~ Agricultural There are two tracts of land placed for development in this Planned Unit Development. Land Uses on these tracts are set forth in Section 4.4 of this document. On Tract I, development shall be limited to 6000 square feet of commercial space, not to include gasoline canopies square footage. On Tract II the land uses shall be limited to those guidelines and uses to maintain the integrity and to meet the intent of the Zoning Ordinance of Collier County as well as the Florida Administrative Code pertaining to development within the Big Cypress Area of Critical Concern. The commercia3, portion of this project shall be built out within a five year period. All parking and retention facilities shall be located within the boundaries of Tract I. However, if for any reason development canno~ occur as proposed on Tract I, the boundaries of Tract I may be altered without the necessity of amendment to this ordinance, or to the ST designation on the Zoning Atlas, (subject to all of the other requirements as stated in the PUD Document) but total development shall not exceed the 1.8 acres, as allowed. 4.4 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. TRA~I Uses on this tract shall be limited to the following: a. Convenience Store/Food Market. : b. Automotive Service Station dispensing gasoline, oil, batteries and other comparable automotive necessities, including repair. c. Package Store, including the sale of spirits, wine, and beer. d. Delicatessen to be operated within the structure of the convenience store facility and designed to be of an accessory type use to the convenience store facility. e. Necessary parking and retention facilities to serve this Planned Unit Development. 2. TRACt II Uses on this tract shall be limited to the following: a. Open Space Areas. b. Agribusiness uses, however, no structures shall be constructed on this tract. ccessor¥ Use, 1. Accessory Uses and Structures customary for commercial and agri-business related uses, including essential services, such as septic tanks. 39 ,-, 305 DEVELOPMENT STANDARDS A. TRA~I 1. Setback Reguirements: a. Front Yard - Fifty (50) feet. b. Side Yard - Forty (40) feet. c. Rear Yard - Forty (40) feet. d. Canopy - Twenty (20) feet from front property boundary. 2. ~Qt Size Requirements; a. Minimum Lot Size - One acre. b. Minimum Lot Width - One hundred fifty (150) feet. 3. Minimum Floor Area: a. One thousand (1000) square feet. 4. Maximum Height: a. Twenty five feet - not including gasoline canopy. 5. Off-Street ParkinG: As required by the Collier County Zoning Ordinance in effect at the time permits are requested. 6. Lighting: All lights and lighting for this tract shall be designated and arranged so that no source of light shall be visible from any residential district. No part of any light structure shall protrude beyond property lines. 7. Storage Tanks~ Storage tanks shall be located below grade. 8. Outside Display of Produc~s: Petroleum products in cans and windshield wiper blades may be displayed outside the service station building in the standard racks provided for such display, provided such racks shall not be placed closer to a street line than the pump island. ~ 9 Trash Facil ities_k i~i Adequate, completely enclosed trash storage !;.; facilities shall be provided on the site. Such facilities shall be located, where possible, on the side of the main structur, with street frontage carrying the lesser volume of traffic. 10. As required by the Collier County Sign Ordinance in · effect at the time permits are requested. The area of this project, comprising approximately 16.2+ acres, shall be maintained in its natural state and not be used for any uses not consistent with Section 4.4, herein. 39 307 SECTION V ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the stipulations established by the Environmental Review staff. A. If, during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall b~ immediately stopped and Project Review Services notified. Development will be suspended for a sufficient length of time to enable Project Review Services or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. Project Review Services will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activities. B. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Revegetation shall be accomplished with pre-existing species or other suitable species except for undesirable exotic species. C. Petition shall be subject to Ordinance No. 75-21 as amended by Ordinance No. 89-58 (preservation of native habitat and tree removal permit). D. Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of exotic species). E. Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of native species in landscaping). F. This petition shall comply with Ordinance No. 89-42 (Open Space Ordinance). 10 '- 39 3'08' G. Petitioner shall cease all development and construction ~ activities in the vicinity of any found archaeological or historical site and contact Collier County Project Review < Services, Environmental Review Staff. ~i~ H. Petitioner shall not remove oaks having a dbh of four (4) inches or greater. I. The dry water retention area shall be constructed at natural grade and shall retain all native tree species with a dbh of four (4) inches or greater. J. As a condition of approval of this rezone petition, the "ST" Special Treatment Overlay District designation shall be maintained over the 16.2± acres to remain as Tract II. of the subject property. Furthermore, the "ST" Overlay Dletrict shall be a "floating district" and, therefore, may be altered so long as the total development does not exceed the 1.8 acres, as allowed. SECTION VI TRANSPORTATION REQUIREMENTS P POSS The purpose of this Section is to set forth the transportation requirements of this project. DEVELOPMENT COMMITMENTS: A. Provide arterial level street lighting at the project entrances. B. Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the re-establishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide for passage of stream, strand, or slough waters through the use of bridges, culverts, piling construction or performance equivalent structures or systems. Channelization of such areas shall be the minimum length necessary to maintain reasonable flow and prevent week blockage. C. Transportation facility construction sites shall provide for siltation and runoff control through the use of settling ponds, soil fixing or performance equivalent structures or systems. D. These improvements are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credits to work impacts fees required by that ordinance. All improvements shall be in place before any certificates of occupancy are issued. E. The Road Impact Fee shall be as set forth in Ordinance 85-55 and amendments thereof, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. F. Access improvements shall not be subject to impact fee credits, and shall be in place before any certificates of occupancy are issued. 12 39 , 310 ' G. Minimum intersection conditions should include a northbound right turn lane on S.R. 29 (existing), a '~' southbound left turn lane on S.R. 29, and C.R. 858 widening to current standards (Lane width of 12 feet; turning radius of approximately 50 feet) between S.R. 29 and the project entrance. C.R. 858 access improvements to include westbound right turn lanes/eastbound thru lane widening to a minimum of 12 feet, and prohibition of access between the parent parcel (Tract i or 11) and C.R. 858 closer than approximately 300 feet to the S.R. 29 right-of-way line. As part of the road widening outlined above, any lengthening of the S.R. 29 Canal Structure to accommodate road improvements shall be subject to an impact fee credit/reduction. H. The developer shall provide a 25 foot naturally vegetated buffer along C.R. 858 (except for the 90± foot drainage easement) in addition to the required right-of-way. SECTION VII UTILITIES REQUIREMENTS The purpome of this Section im to met forth the requirements which must be accommodated by the project developer. A.This project shall be served by a fresh water well and a septic tank system. B. The septic tank and drainfield shall be designed and constructed in full compliance with Chapters 10D-6 and 10D-9 of the Florida Administrative Code. C. The septic tank and drainfield shall be located a minimum of 100' from the edge of canal. D.The location and size of well shall be fully iljustrated on the SDP. E.This project shall be provided with a water supply for fire fighting purposes per NFPA-1231. F.This petition shall comply with Chapter 10D-6 of the Florida Administrative Code. SECTION VIII WATER MANAGEMENT REQUIREMENTS The purpose of this section is to set forth the stipulations established by the Water Management Advisory Board, which shall be accommodated by the project developer. A. Detailed paving, grading, site drainage plans, an~ utility plans shall be submitted to County Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by County Project Review Services. B. Developer shall be subject to all drainage requirements stipulated in Section 9 of the Collier County Zoning Ordinance 82-2, as amended. C. In accordance with the Rules of the South Florida Water Management District, (SFWMD) Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. D. If applicable, an Excavation Permit will be required for the proposed lake(s) in accordance with Collier County Ordinance No. 88-26 and SFWMD rules. E. Prior to final site development plan approval, applicant shall dedicate a 90± foot drainage easement (to be determined during site development plan review) along the entire S.R.-29 frontage for the purposes of future canal widening and maintenance. F. The maximum developable area shall be limited to 1.8 acres. Any additional land developed, for whatever reason, shall be designed for the 25-year 3-day storm event. G. Desig~ and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. H. Platting is required in accordance with Collier County Subdivision Regulations, if any lots, tracts, or parcels are to be sold. . 15 I. Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance 82- ~i 91. ~ J. Ail requirements of subdivision ordinance must be met ~ since no variances were requested. K. Access into each tract as shown on the master plan is informational only. Location and number is subject to Subdivision Master Plan or SDP approval. L. This project is recommended for approval for rezone purposes only. If applicable, a Subdivision Master Plan shall be submitted to comply with all the design standards of the Subdivision Regulations unless specific. exceptions are requested and supported by sound engineering reasoning during its approval process. Approval of this rezone does not constitute an approval to any subdivision design standards contained within the petition or supporting drawings or exhibits. The zoning petition master plan submitted shall not be considered to suffice for the Subdivision Master Plan required pursuant to Collier County Ordinance 76-06, as amended. ATTACHiMENT ' A' N89'00'30'F- N89'00'30'E 82.74. 39.35 c~ .~ m SCALE: I - 200' o N89'QO'30"~ $18.57 ~a+ ^c~ss TOTAL AREA ATTACHMENT ' B' 273'~ SCALE: TRACT I ~ UP TO ." __ 6.CO0 S.F. ~ AS PER ~ SECTION 4..3 ~ Of THE PUO -- OOCUMENT ATTACHN, ENT ' C ' . HORACE A. WILKISQN LAND SURV..~YOR Sur~/in$ -- ~nd Pl&nninl ;: L. : OescrtpcLan of a ~a~eL Lo.ch· NorchlasC E' of ~eCcLo~ L7, Tov~shLp &8 South, Range 30 East, Collier CouutT,. Florida, s&£~ ~·rca/ also' and 663 oe ch· 9ubLLc Records of CoLL£et County, ~locLda. CoamsncLn$ ac the. Southwest corner of Ch· North·as: ~ og ~eccA~n t7, tun North 00° 59' 30" We~t 26.30 feet co the ~o£nc o~ Beg£nnLng, sold po:nc balms on chi Lncecsscc£on at ch· North R:~bc-oe-War l£ne of Ca~ocy Road No. 8~8 axcs~dsd co ch· Notch-South ~ L£ne; chance conctnue Nor~ 00' ~9' 30" Wssc t~73.~! feat ·Long sa£d ~ L:ne;. chance North 89' 00' East 122.7a eaec; thence South 00' ~9' 30" East ~20.00 East; chance Nort~. · ..89° 00' 30" ~asc ~L8.~7 .~eec; chance North gO* S9' 30" ~ssc &lO.00 thence North 89° 00' ~O" ~asc 39.3~ ·eec; Ch·nc· South OO° 59' 30" L~73.90 ~ssc ca ch· ~orche~Ly R:shc'oe-~·Y L£ns'o~ Courier Rand No. 8~8; chance South 89' 02' L2" ~eec 680.es ·eec aLon~ s·:d R:shc-oE-~ay L£ne co Ch· ~aLnc a~ BesLnn£n$. Le~s and except chat' Westerly parc ~or Scare. Roa~ No. Z9 ~Lghc-o~=Way.'SubJacc to Reset-vacLous, Restricc£ons and. ~tscmeucs oE ~acoc~. Canca~nLng L8.5 acres more or Less. :~: :. .... Fla. Csrc. No. L677 AGREEMENT I, Robert L. Duane of Hole, Montes & Associates, Inc., as owner or authorized agent for Petition R-90-4, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on June 7, 1990. ~'{] a. Petition shall be subject to Ordinance No. 75-21 as amended by Ordinance No. 89-58 (preservation of native 'i~i' habitat and tree removal permit). b. l:~lrsuant to the petitioner's development proposal and the Zoning Ordinance, Section 9, "site alteration shall be limited to 10% of the total site size," or 1.8 acres. Non-permeable surfaces shall not exceed 50% of the development area. : d. Petitioner shall not remove oaks having a dbh of four (4) inches or greater. e. The dry water retention area shall be constructed at natural grade and shall retain all native tree species with a dbh of four (4) inches or greater. f. Petitioner shall be subject to all drainage requirements stipulated in the Zoning Ordinance, Section 9 (i.e. new drainage facilities shall release water in a manner  approximating the natural local surface flow regime). The ' pr~pcrty b~undary. i. Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of exotic species) . ~ Exhibit "B" "' 39 318 "' · J. Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of native species in landscaping). k. Petitioner shall cease all development and construction activities in the vicinity of any found archaeological or historical site and contact Collier County Project Review Services, Environmental Review Staff. 1. Replace all references in the PUD Document to ~: Environmental Resources Management with Project Review ,' Services. ~ m. Minimum intersection conditions should include a northbound right turn lane on SR 29 (existing), a southbound left turn lane on SR 29, and CR 858 widening to current standards (Lane width of 12 feet; turning radius of approximately 50 feet) between SR 29 and the project entrance. CR 858 access improvements to include westbound right turn lanes/eastbound thru lane widening to a minimum of 12 feet, and prohibition of access between the parent parcel - (Tract 1 or 11) and CR 858 closer than approximately 300 feet to the SR 29 right-of-way line. As part of the road widening outlined above, any lengthening of the SR 29 Canal Structure to accommodate road improvements shall be subject to an impact fee credit/ reduction. n. The Road Impact Fee shall be as set forth in Ordinance 85-55 and amendments thereof, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. o. Access improvements shall not be subject to impact fee credits, and shall be in place before any certificates of occupancy are issued. p. In accordance with the Rules of the South Florida Water Management District, (SFWMD) Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. q. If applicable, an Excavation Permit will be required for the proposed lake(s) in accordance with Collier County Ordinance No. 88-26 and SFWMD rules. Prior to final site~d~evelopment plan approval, applicant shall dedicate a 90~ drainage easemen__~along the entire SR-29 frontage for the purposes of_/future canal widening and maintenance. C~4 ~'~--'-'-- ~' ~-~,~o,~,~.~ ' . ° ~~ ' m. The maximum developable area shall be limited to 1.8 acres. Any additional land developed, for whatever reason, shall be designed for the 25-year 3-day storm event. t. Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. u. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. v. Platting is required in accordance with Collier County Subdivision Regulations, if any lots, tracts, or parcels are to be sold. w. Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance 82-91. :. X. Ail requirements of subdivision ordinance must be met since no variances were requested. y. Access into each tract as shown on the master plan is informational only. Location and number is subject to Subdivision Master Plan or SDP approval ~-~. This project is~'recommended for approval for rezone \.. purpgses only. ~ Subdivision Master Plan shall be ~)~ubmitted~ which comp!iu= with all the design standards of __~m~_ the Subdivision Regulations unless specific exceptions are )~-~-- requested and supported by sound engineering reasoning during its approval process. Approval of this rezone does not constitute an approval to any subdivision design standards contained within the petition or supporting drawings or exhibits. The zoning petition master plan submitted shall not be considered to suffice for the Subdivision Master Plan required pursuant to Collier County Ordinance 76-06, as amended. aa. Revise the PUD document to reflect the appropriate legal description and acreages. bb. Replace Section 8.1 of the PUD document with the approved WMAB stipulations. cc. Replace Section 7.1 of the PUD document with the approved Utilities stipulations. dd. Delete Section 6.2.c. of the PUD document as it is not ~ relevant to this project. ~',,,' ee, Delete Section 6.2.F. of the PUD document. All construction within County right-of-way shall be in full compliance with Ordinance No 82-91. i~,~ ff. Delete Section 4.4.A.2.c. as this is not acceptable. The total developed area shall not exceed 1.8 acres. Tract II shall be left in its natural state. gg. The septic tank and drainfield shall be designed and constructed in full compliance with Chapters 10D-6 and 10D-9 of the Florida Administrative Code. hh. The septic tank and drainfield shall be located a minimum - of 100' from the edge of canal. The plans shall be revised to reflect this. ii. The location and size of well shall be fully iljustrated on the SDP. ~-. JJ. This petition shall comply with Chapter 10D-6 of the Florida Administrative Code. kk. This project shall be provided with a water supply for fire fighting purposes per NFPA-1231. 11. This petition shall comply with Ordinance No. 89-42 (Open Space Ordinance). mm. The Petitioner shall submit a site plan fo~ Site ~" Development Plan review and approval prior to applying for .:~.. a building permit. nn. No parking or retention facilities necessary to serve the convenience'commercial facilities portion of this project shall be located outside of the 1.8 acre tract reserved for commercial uses. Revise the PUD Document accordingly. oo. This petition shall comply with all paragraphs of Section 9.8 of the Collier County Zoning Ordinance 82-2, as amended. Revise the PUD Document accordingly. pp. This petition shall comply with Chapter 27F-3, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". Revise the PUD Document accordingly. 4 39 .:3'21 qq. Per Chapter 9J-1, Florida Administrative Code, and Section 380.07 (2), Florida Statutes, this project shall be reviewed and approved by the State of Florida Department of Community Affairs before the development order can become final. tr.Amend the PUD Document to provide for proper grammar and format (spelling, numbering, spacing, proper names, etc.). ss. Amend the PUD Document and the PUD Master Plan to incorporate all of staff ' s recommended stipulations contained in this Agreement Sheet. P,.SITIONER OR AGENT REPRES TIVE FOR CCPC SWORN TO AND SUBSCRIBED BEFORE ME THIS J~ DAY OF , , 1990. SEAL I:~ I I '; NOTARY Pt~L~ STA1T ~ FL(~:IIDA !;;- '.' R-90-4 AGREEMENT SHEET :'~ ~'~. llld ~{. UU. The developer shall provide a 25 foot naturally vegetated buffer along C.R. 858 (except for the 90± foot drainage easement) in addition to the required right-of- !?~ way. w. As a condition of approval of this rezone petition, the i. "ST" Special Treatment Overlay District designation ~. shall be maintained over the 16.2~ acres to remain as Tract II of the subject property. Furthermore, the "ST" Overlay District shall be a "floating district" and, therefore, may be altered so long as the total development does not exceed the 1.8 acres, as allowed. ww. If for any reason development cannot occur as proposed on Tract I, the boundaries of Tract I may be altered without the necessity of amendment to this ordinance, or to the ST designation on the Zoning Atlas, (subject to all of the other requirements as stated in the PUD Document) but total development shall not exceed the 1.8 acres, as allowed. R-90-4 AGREEMENT SHEET ADDITION 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 and correct copy of: Ordinance 90-57 which was adopted by the Board of County Commissioners on the 10th day of June, 1090, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of June, 1990. JAMES C. GILES ~' ...... . Clerk of Courts and Clerk.°'' ""..~'i,. Ex-officio to Board .Of,."." " .'~ . County Commissioner~ .' :',-t:~' " By: /s/houtse Cheson'l~'.'..)~. ?('.' '" ." ~eput~ Clerk '.~ '.}'.':'.2'. ..... '"'