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Ordinance 88-005ORDINANCE 88- 5 AN OKI)INA}ICE AI~KNDING ORDINANCE 82-2 THE COM- PI{ERENSIVE ZOBING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY AHENDING TBE ZONING ATLAS MAP I~7IHBER &6-29-9 BY CHANGING THE ZONING CLASSIFICATION OF T~E HEKEIN DESCRIBED REAL PROPERTY fROM A-2 MH TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "SA~IDERS PINES" FOP. &0 AFFORDABLE MULTI-FAMILY RENTAL UNITS FOR PROPERTY LOCATED APPROXIMATELY 1/4 }fILE EAST OF CARSON ROAD, APPROXIMATELY 1,000. FEET NORTH OF LAKE TRAFFORD ROAD, AT THE SOUTH END OF PEACH STREET AND TANGERINE STREET IN SECTION 32, TOWNIiSIP ~6 SOUTH, RANGE 29 EAST, 5 ACRES (I-~IOKALEE); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Neno J. Spagna, represen~in~ I~mo~lea Nom-Profit Housing, Im¢., petitioned the Board ~f County Commissioners to change the Zoming Classification of the herein described real property; I~W, THEREFORE BE IT ORDAINED by cha Board of County Com~isalonars of Collier County, ~lorida: SECTIO~ ONE: The Zoning Classification of the herein described real property located in Section 32. Township ~6 So,th. Ranis 29 Eas~. Collier County. Plorid~ is changed fro~ A-2 MM co "PUD" Planned Unit Development in accordance with the PUD document ~ttached hereto as Exhibit "l" which iS incorporated herein and by refsrence ~ade parc hereof. The Official Zoning Atlas M~p Number 46-29-~. as described in Ordinenc~ 82-2. is hereby a~mded accordingly. SECTION TWO: This Ordinance shall become effective upon receipt of notica tbac is has been filed wi~h the Secretary of State. DATE: January 12, 1988 ATTEST: JAM~S C. GILES, CLEP~K BOAKD OF COUNTY COMMISSIONEP.~ COLLIER COUNTY, FLORIDA ARi~OLD LEE GLASS, CI~IRHAN REZONE PETITION FROM A-2 MH AGRICULTURAL TO PUD (AFFORDABLE HOUSING) PREPARED FOR IMMOKALEE NON-PROFIT HOUSING, INC. PLANNING CONSULTANT DR. NENO J. SPAGNA, A1CP, FLORIDA URBAN INST., INC. 3850 27 AVENUE S.W. NAPLES, FLORIDA 33964 PRES. PROJECT ENGINEER HOLE, MONTES AND ASSOCIATES 715 10th STREET SOUTH NAPLES, FLORIDA 33940 DATE ISSUED DATE APPROVED IIY CCPA DATE APPROVED [IY BCC ORDINANCE NUMBER AUGUST, 1987 REVISED JANUARY, I ,' :**,, ..,~- 1988 .....~8 TABLE OF CONTENTS SUBJECT TABLE OF CONTENTS SECTION 1 1.1 PURPOSE 1.2 LEGAL DESCRIPTION 1.3 PROPERTY OWNERSHIP 1.4 GENERAL DESCRIPTION OF PROPERTY 1.5 CURRENT ZONING 1.6 COMPREHENSIVE PLAN 1.7 ENVIRONMENTAL IMPACT STATf~ENT SECTION 2. PROJECT DEVELOPMENT 2.1 2,2 2.3 2.4 2.5 2.6 2,7 2.8 2.9 2. 10 PURPOSE GENERAL MASTER PLAN AND LAND USE PHASES OF DEVELOPMENT DEVELOPMENT AND FRACTIONALIZATION OF TRACTS MAINTENANCE OF COMMON AREAS POLLING PLACES FIRE HYDRANTS ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY MAXIMt~M NUMBER OF DWELLING UNITS SECTION 3 LAND USE REGULATIONS FOR SUBJECT PROPERTY 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 PURPOSE PERMITTED PRINCIPAL USES AND STRUCTURES MAXII4L~ DENSITY MINIMUM LOT AREA REQUIREMENTS MINIMUM LOT WIDTH MINIMUM YARD REQUIREMENTS DISTANCE BETWEEN STRUCTURES SETBACK FROM WATER AREAS MINIMUM AND MAXIMUM FLOOR AREA OF PRINCIPAL STRUCTURES MAXIMUM HEIGHT OF STRUCTURES MINIMUM LANDSCAPING REQUIREMENTS MINIMUM OFF-STREET PARKING PERMITTED ACCESSORY USES AND STRUCTURES PROHIBITED USES AND STRUCTURES SIGNS LIGHTING SECTION 4 GENERAL DEVELOPMENT REQUIREMENTS 4.1 PURPOSE -i- PAGE NUMBER --6-- -8- -8- 4.2 PUD MASTER PLAN 4.3 WATER MANAGEMENT 4.4 PRIVATE ROADS 4. 5 SOLID WASTE DISPOSAL 4.6 ELECTRICITY, TELEPHONE, CABLEVISION SECTION 5 DEVELOPMENT CO~ITMENTS 5.1 GENERAL CO~4MITMENTS 5.2 ENVIRONMENTAL CONSIDERATIONS 5.3 TRAFFIC CONSIDERATIONS 5.4 ENGINEERING CONSIDERATIONS -8- -10- -10- -10- -11 - -12- SECTION PURPOSE 1. THE PURPOSE OF THIS SECTION IS TO SET FORTH ~HE LOCATION AND OWNERSHIP OF THE PROPERTY, AND TO DESCRIBE THE EXISTING CONDITIONS OF THE PROPERTY PROPOSED TO BE DEVELOPED. i. 2 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICU- LARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWF~T CORNER OF' THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. OOd O0' 00" E. ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE SAID SECTION 32 FOR A DISTANCE OF 1,330.56 FEET TO THE NORTHWf~T CORNER OF THE SOUTHWEST I/4 OF THE NORTHWEST 1/4 Of' THE SAID SECTION 32; THENCE RUN S. 89d 46' 50" E. ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SAID SECTION 32 FOR A DISTANCE OF l, 32~. 58 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST I/4 OF THE NORTHWEST 1/4 OF THE SAID SECTION 32 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED: ~-~ CONTINUE S. 89d 45' 50" E. ALONG THE NORTH LiNE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 FOR A DISTANCE OF 664.29 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST i/4 OF THE SOUTH- EAST 1/4 OF THE NORT}~EST i/~ OF THE SAID SECTION 32; THENCE RUN S. OOd 0~' 13" W. ALONG THE EAST LINE OF THE NORT}~EST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SAID SECTION 32 FOR A DISTANCE OF 327.92 FEET; THENCE RUN N. 89d 46' 49" W. FOR A DISTANCE OF 664.09 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST I/4 OF THE NORTHWEST 1/4 OF THE SAID SEC- TION 32; THENCE RUN N. 00d 04' 09" E. ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTH- WEST 1/4 OF THE SAID SECTION 32 FOR A DISTANCE OF 327.92 FEET TO THE POINT OF BEGINNING. 1.3 PROPERTY OWNERSHIP THE SUBJECT PROPERTY IS OWNED BY IMMOKALEE NON-PROFIT HOUS- ING, INC. (CONTRACT TO PURCHASE SUBJECT TO OBTAINING APPRO- PRIATE ZONING) 211S. 9th STREET, P.O. BOX 5034, IMMOKALEE, FI,ORIDA 33934 1.4 GENERAL DESCRIPTION OF PROPERTY THE PROPERTY CONSISTS OF APPROXIMATELY 5.0 ACRES OF LAND LOCATED NORTH OF LAKE TRAFFORD ROAD AND EAST OF CARSON ROAD. -1- THE SUBJECT PROPERTY IS CURRENTLY UNDEVELOPED, IS GENERALLY COVERED W~TH SLASH PINE, AND HAS AN ELEVATION OF APPROXI- MATELY 34' NGVD. i.5 CURRENT ZONING 1. THE CURRENT ZONING IS A-2MH AGRICULTURAL 1.6 COMPREHENSIVE. PLAN THE COMPREHENSIVE PLAN DESIGNATES THE SUBJECT PROPERTY AS BEING WITHIN THE "URBAN AREA" OF COLLIER COUNTY. IN A STAFF REVIEW BY MR. ROBERT DUANE AND MR. RON LEE, ON 8/11/87, ~T APPEARS THAT THE SUBJECT PROPERTY EAR/gE 85 POINTS (SUBJECT TO AI~FORDABLE HOUSING) AND THEREFORE PERMITS THE EIGHT UNITS PER GROSS ACRE DENSITY WHICH TH~ PETITIONER DESIRES. 1.7 ENVIRONMENTAL IMPACT STATEMENT AS REQUIRED BY ORUXNA~E 77-66 (1) THE SUBJECT PROPERTY IS LESS THAN TEN (10) ACRES IN SIZE AND THEREFORE THE PETITIONER IS ASKING THAT THE ElS BE EXf2~PTED. -2- 2.1 2.2 SECTION 2 PROJECT DEVELOPMENT PURPOSE THE PURPOSE OF THIS SECTION IS TO DELINEATE AND GENERALLY DESCRIBE THE PROJECT PLAN OF DEVELOPMENT, THE RESPECTIVE USES OF THE PARCELS INCLUDED IN THE PROJECT, AS WELL AS THE PROJECT CRITERIA FOR FUTURE DEVELOPMENT. GENERAL REGULATIONS FOR DEVELOPMENT OF THIS PROJECT 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 ZONING ORDINANCE. UNLESS OTHERWISE NOTED, THE DEFINITIONS OF ALL TERMS SHALL BE THE SAME AS THE DEFINITIONS SET FORTH IN THE COLLIER COUNTY ZONING ORDINANCE. 2.3 MASTER PLAN AND LAND USE THE SITE PLAN CONSISTS OF ONE PARCEL OF LAND COMPRISING A TOTAL OF APPROXIMATELY 5.0 ACRES OF LAND. IT IS THE INTENT OF THE PETITIONER TO DEVELOP THIS I~ND INTO 40 AFFORDABLE RENTAL UNITS IN ACCORDANCE WITH SECTION 7.27 f.6 OF THE COLLIER COUNTY ZONING ORDINANCE ALONG WITH THEIR ACCESSORY USES, THE RELATED STREETS, OFF-STREET PARKING, OFF-STREET LOADING/UNLOADING, WATER RETENTION AREAS, AND RECREATIONAL AND OPEN SPACE FACILITIES. 2.4 PHASES OF DEVELOPMENT THE PETITIONER INTENDS TO BEGIN CONSTRUCTION AS EARLY AS POSSIBLE UPON APPROVAL OF THE PETITION BY THE COUNTY AND CONTINUE WORKING UNTIL ALL OF THE SITE IMPROVF. MENTS ALONG WITH ALL REQUIRED BUILDINGS ARE COMPLETED IN ACCORDANCE WITH THE CONDITIONS OF THE APPROVED PUD DOCUMENT. IT IS ESTI- MATED THAT COMPLETION WILL BE IN TWO (2) YEARS AFTER COM- MENCEMENT. 2.5 DEVELOPMENT AND FRACTIONALIZATION OF TRACTS THE DEVELOPER WILL NOT SUBDIVIDE THE SUBJECT PROPERTY INTO LOTS OR TRACTS. 2.6 MAINTENANCE OF COMMON AREAS THE PROPERTY OWNER WXLL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL COMMON AREAS UNDER CONDITIONS SET FORTH XN THE -3- 2.7 2.8 2.9 .1.0 APPROVED PUD DOCUMENT. POLLING PLACES 1. POLLING PLACES SHALL BE PERMITTED AND PROVIDED FOR AS DEEMED APPROPRIATE BY THE SUPERVISOR OF ELECTIONS, IN ACCORDANCE WITH SECTION 9.11 OF THE ZONING ORDINANCE. ' FIRE HYDRANTS 1. FIRE HYDRANTS SHALL BE INSTALLED PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY. 2. THE WATER RETENTION AREAS(S) SHALL BE DESIGNED TO ACCOMMODATE DRAFTING OF WATER BY FIRE TRUCKS.' ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY, ALL COMMITMENTS IN THE PUD DOCUMENT SHALL DE MET BY THE DEVELOPER UNLESS SOME OTHER ARRANGEMENT IS MUTUALLY AGREED UPON BY THE DEVELOPER AND THE ZONING DIRECTOR. MAXIMUM NUMBER OF DWELLING UNITS 1. THERE SHALL BE A MAXIMUM OF 40 DWELLING UNITS PLUS ONE CARE- TAKERS UNIT IN CONJUNCTION WITH THE OFFICE. -4- 3.1 PURPOSE 1. SECTION 3 LAND USE REGULATIONS FOR THE SUBJECT PROPERTY IT IS THE PURPOSE OF THIS SECTION TO OUTLINE THE LAND USE REGULATIONS OF THE PROJECT SO THAT THE DEVELOPMENT WILL PROCEED IN A MANNER WHICH IS CONSISTENT WITH THE PUD DOCU- MENT AND ACCORDING TO THE GENERAL GOAL AND OBJECTIVES OF THE COUNTY'S COMPREHENSIVE PLAN. WHERE DEVELOPMENT STANDARDS ARE NOT SPECIFICALLY PROVIDED THE PERTINENT STANDARDS OF THE ZONING' ORDINANCE SHALL APPLY. 3.2 PERMITTED PRINCIPAL USES AND STRUCTURES 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. MULTI-FAMILY RENTAL DWF~LING UNITS. B. CARETAKER'S QUARTERS ABOVE OFFICE BUILDING. 3.3 MAXIMUM DENSITY 1. EIGHT (8) DWELLING UNITS PER GROSS ACRE. 3.4 MINIMUM LOT AREA REQUIREMENTS 1. FIV]E (5} ACRES 3.5 MINIMUM LOT WIDTH 1. ONE HUNDRED AND FIFTY FEET YARD BUILDING LINE SETBACK. 3.6 MINIHUM YARD REQUIREMENTS 1. (150) AS MEASURED AT THE FRONT DEPTH OF FRONT YARD - THIRTY (30) FEET PLUS ONE (1) FOOT FOR EACH TWO (2) FEET OF BUILDING HEIGHT OVER THIRTY (30) FEET. DEPTH OF SIDE YARD - FIFTEEN (15) FEET PLUS ONE (1) FOOT FOR EACH TWO (2) FEET OF BUILDING HEIGHT OVER THIRTY (30) FEET. DEPTH OF REAR YARD - THIRTY (30) FEET PLUS ONE (1) FOOT FOR EACH TWO (2) FEET OF BUILDING HEIGHT OVER THIRTY (30) FEET. 3.7 DISTANCE BETWEEN STRUCTURES IF THERE IS A SEPARATION BETWEEN ANY TWO (2) PRINCIPAL STRUCTURES ON THE SAME PARCEL, SAID SEPARATION SHALL BE A -5- MINIMUM OF FIFTEEN (15) FEET OR A DISTANCE EQUAL TO ONE-HALF (1/2) THE SUM OF THEIR HEIGHTS, WHICHEVER IS THE GKEATER. 3.8 SETBACK FROM WATER AREAS 10 FOOT SETBACK FROM ALL WATER AREAS, AS M~SURED AT THE AVERAGE ALNUAL HEIGHT OF THE AREA OF WATER, FOR ALL PRINCI- PAL STRUCTURES EXCLUDING WALKWAYS, PICNIC AREAS AND SHEL- TERS, AND OTHER RECREATION FACILITIES WHICH ARE CUSTOMARILY ASSOCIATED WITH THE PERMITTED US~S 3.9 MINIMUM AND MAXIMUM FLOOR AREA OF PRINCIPAL STRUCTURES 1. EFFICIENCY APARTMENTS A. MINIMUM FLOOR AREA - 450 SQUARE FEET B. MAXIMUM FLOOR AREA - 525 SQUARE FEET 2. ONE BEDROOM APARTMENT A. MINIMUM FLOOR AREA - 450 SQUARE FEET B. MAXIMUM FLOOR AREA - 650 SQUARE FEET 3. TWO BEDROOM APARTMENT A. MINIMUM FLOOR AREA - 650 SQUARE FEET B. MAXIMUM FLOOR AREA - 900 SQUARE FEET 4. THREE BEDROOM APARTMENT A. MINIMUM FLOOR AREA - 900 SQUARE FEET B. MAXIMUM FLOOR AREA - 1,050 SQUARE FEET 3. 10 MAXIMUM HEIGHT OF STRUCTURES 1. TWO (2) LIVING FLOORS 3. 11 MINIMUM LANDSCAPING REQUIREMENTS 1. A LANDSCAPE BUFFER IN ACCORDANCE WITH SEC. 8.37 OF ZONING ORDINANCE SHALL BE PROVIDED AROUND ENTIRE PERIMETER OF SITE. 3.12 MINIMUM OFF-STREET PARKING 1. EFFICIENCY APARTMENTS '- 1 SPACE PER DWELLING UN1T 2. ONE BEDROOM AND ABOVE - 1.5 SPACES PER PWELLING UNIT 3. TWO BEDROOMS OR MORE - 1.5 SPACES PER DWELLING UNIT WITH · 5 -6- SPACES PER DWFJ~LING Ut;IT RESERVED AS GREEN SPACE FOR FUTURE PAVING WHEN DEf~IED NECESSARY BY THE ZONING DIRECTOR. 3.13 PERMITTED ACCESSORY USES AND STRUCTURES ACCESSORY USES AND STRUCTURES CUSTOMARILY ASSOCIATED WITIt USES PERMITTED IN THIS DISTRICT. MODEL RENTAL UNIT SHALL BE PERMITTED IN CONJUNCTION WITH THE PRC~OTION AND MAINTENANCE OF THE DEVELOPMENT. RECREATIONAL FACILITIES DIRECTLY( RELATED TO THE PERMITTED PRINCIPAL USF. S. MAINTENANCE BUILDINGS, STORAGE BUILDINGS AND STORAGE AREAS WHICH ARE USED IN CONJUNCTION WITH THE DEVELOPMENT. 3.14 PROHIBITED USES AND STRUCTURE ANY USES OR STRUCTURES NOT SPECIFICALLY , PROVISIONALLY, OR BY REASON;LBLE IMPLICATION PERMITTED HEREIN 3.15 SIGNS AS REQUIRED BY THE COLLIER COUNTY ZONING ORDINANCE AT THE TIME OF APPLICATION FOR CONSTRUCTION PERMITS 3.16 LIGHTINGs LIGHTING FACILITIES SHALL B5 ARRANGED IN A MANNER WHICH WILL PROTECT ROADWAYS AND ADJACENT PROPERTIES FR~4 DIRECT GLARE AND OTHER INTERFERENCES -7- 4.1 SECTION 4 GENERAL DEVELOPMENT KEQUIRL'MENTS PURPOSE THE PURPOSE OF THIS SECTION IS TC SET FORTH. THE GENERAL DEVELOPMENT KEQUIREMENTS AND CONDITIONS FOR DEVELOPMENT OF THE PROJECT. . 4.2 PUD MASTER PLAN THE PUD MASTER PLAN HEREIN IS INTENDED AS AN ILjustRATIVE PRELIMINARY DEVELOPMENT PLAN. THE DESIGN CRITERIA AND LAY- OUT ILjustRATED ON THE MASTER PLAN SHALL BE UNDERSTOOD TO BE FLEXIBLE, SO THAT, THE FINAL DESIGN MAY SATISFY PROJECT CRITERIA AND COMPLY WITH ALL APPLICABLE REQUiRF~ENTS OF THiS ORDINANCE. DETAILED PLOT PLANS CONTAI1NING THE INFORMATION REQUIRED IN SECTION 10.5 OF THE ZONING ORDINANCE SHALL BE SUBMITTED IN CONJUNCTION WITH BUILDING PERMIT APPLICATIONS. ALL NECESSARY EASEMENTS, DEDICATIONS, OR OTHER INSTRUMENTS SHALL BE GRANTED TO INSURE TH~ CONTINUED OPERATION AND MAINTENANCE OF ALL PUBLIC SERVICE UTILITIES. 4.3 WATER MANAGEMENT THE WATER MANAGEMENT SYSTEM SHALL COMPLY WITH THE APPLICABLE RE~QUIRf~ENTS OF COLLIER COUNTY DETAILED SITE DRAINAGE. PLANS SHALL BE SUBMITTED TO THE COUNTY ENGINEER FOR REVIEW. NO CONSTRUCTION PE}~MiTS SHALL BE ISSUED UNLESS AND UNTIL APPROVAL OF ThE PROPOSED CON- STRUCTION IN ACCORDANCE WITH THE SUBMITTED PLANS IS GRANTED BY THE COUNTY ENGINEER. THE PROJECT AS PROPOSED WILL BE REQUIRED TO PROVIDE STORM WATER MANAGEMENT ON THE BASIS OF THE MINIMUM WATER QUALITY I%%QUIREMENTS OF THE DoE. R., S.F.W.M.D. AND COLLIER COUNTY. IF AT ANY TIME THE AMOUNT OF IMPERVIOUS SURFACE DEVELOPMENT EXCEEDS 2.0 ACRES IN AREA, THE ENTIRE PROJECT SITE WILL BE ~E-DESIGNED AND RE-CONSTRUCTED ~ ALL APPLICABbE KEQUIRE- MENTS OF S.F.W.M.D. 4.4 PRIVATE ROADS THE INTERNAL ROAD SYSTF2d SHALL BE PRIVATELY OWNED AND MAIN- TAINED BY THE PROPERTY OWNER OR ASSIGNS. 4.5 SOLID WASTE DISPOSAL 1. ARRANGEMENTS AND AGREEMENTS SHALL BE MADE WITH T[JE APPROVED -8- 4.6 SOLID WASTE DISPOSAL COLLECTOR FOR THE COLLECTION AN[} DIS- POSAL OF SOLID WASTE AND TRASH. ELECTRICITY, TELEPHONE, CABLEVISION 1. ARRANGEMENTS AND AGREF~ENTS SHALL BF~ MADE WI%H THE APP}{OVED CONTRACTORS FOR THE PROVISION OF SF. RVICES. -9- 5.1 5.2 SECTION 5 DEVELOPMENT COMM I TMENT~ THE PETITIONER STATES THAT XF HE/SHE PROCEEDS WITH THE PROPOSEU DEVELOPMENT, HE/SHE WILL: 1o DO SO IN ACCORD WITH: A. THE COMPR~-HENSIVE PLAN OF COLLIER COUNTY, FLORIDA. 8. REGULATIONS EXISTING WHEN THE AMENDMENT REZONING THE LAND TO PUD XS ADOPTEDr AND, C. SUCH OTHER CONDITIONS OR MODIFICATIONS AS MAY BE ATTACHED TO THE REZONING OF THE LAND TO PUD CLASSIFICA- TION. 2. PROVIDE AGREEMENTS, CONTRACTS, DEED RESTRICTIONS, OR SURE- TIES ACCEPTABLE TO THE COUNTY FOR COMPLETION OF THE UNDER- TAKING IN ACCORD WITH THE ADOPTED MASTER PLAN AS WELL AS FOR CONTINUING OPERAT'.ONS AND MAINTENANCE OF SUCH AREAS, FUNC- TIONS AND FACILITIES THAT ARE NOT TO BE PRO~IDF~D, OPERATED OR MAINTAINED AT GENERAL PU}3LIC EXPENSF~; AND, 3. BI[;D HIS/HER SUCCESSoRs IN TITLE TO ANY COMMITMENTS MADE UNDER 5. 1. 1 AND 5. l.ld. ABOVE. ENVI I RONMENTAL CONS I DERAT1ONS 1. THE PETITIONER SHALL BE SUBJECT TO ORDINANCE 75-21 (OR THE TREE/VEGETATION RI~OVAL ORDINANCE IN EXISTENCE AT THE TIME OF PERMITTING), REQUIRING THE ACQUISITION OF A TREE RF34OVAL PERMIT PRIOR TO ANY LAND CLEARING. A SITE CLEARING PLAN SHALL BE SUBMITTED TO THE NATURAL RESOURCES MANAGEMENT DEPARTMENT AND THE COMMUNITY DEVELOPMENT DIVISION FOR THEIR REVIEW AND APPROVAL PRIOR TO ANY SUBSTANTIAL WORK ON THE SITE. THIS PLAN MAY BE SUBMITTED IN PHASES TO COINCIDE WITH THE DEVELOPT4ENT SCHEDULE. THE SXTE CLEARING PLAN SHALb CLEARLY DEPICT HOW THE f'INAL SITE LAYOUT INCORPORATES RETAINED NATIVE VEGETATION TO THE MAXIMUM POSSIBLE AND HOW: ROADS, BUILDINGS, LAKF,,S, PARKING LOTS, AND OTHER FACILITIES HAVE BEEN ORIENTED TO ACCO6%MODATE THIS GOAL. 2. NATIVE SPECIES SHALL BE UTILIZED, WHERE AVAILABLE, TO THE MAXIMUM EXTENT POSSIBLE IN THE SITE LANDSCAPING DESIGN. A LANDSCAPING PLAN WILL BE SUBMITTED TO THE NATURAb RESOURCES MANAGEMENT DEPARTMENT AND THE COMMUNITY DEVELOPMENT DIVISION FOR THEIR REVIEW AND APPROVAL. THIS PLAN WILL DEPICT THP~' INCORPORATION OF NATIVE SPECIES AND TH~-IR M1X WITH OTHER SPECIES, IF ANY. THE GOAL OF SITE LANDSCAPING SHALL BE THE RECREATION OF NATIVE VEGETATION AND HABITAT CHARACTERISTICS LOST ON THE SIRE DURING CONSTRUCTION OR DUE TO PAST ACTIVI- TIES. ALL EXOTIC PLANTS, AS DEFINED ~N THE COUNTY. CODF., SHALL BE R~4OVED DURING EACH PHASE OF CONSTRUCTION FROM DEVELOPMENT AREAS, OPEN SPACE AREAS, AND PRESERVE AREAS. f'OLLOWING SITf~' DEVELOPMENT A MAINTENANCE PROGRAM SHALL BE IMPLEMENTED TO PREVENT RE-INVASION OF THF. SiTE 13¥ SUCH EXOTIC SP~.'CIES. TH1S PLAN, WHICH WILL DESCRIBE CONTROL TECHNIQUES AND INSPECTION INTERVALS SMALL BE FILED WiTH AND APPROVED BY THE NATURAL RESOURCES MANAGEMENT DEPARTMENT AND THE COMMUNITY DEVELOP- MENT DIVISION. IF DURING THE COURSE OF S1TE CLEAP. ING, EXCAVATION, OR OTHER CONSTRUCTION ACTIVITIES, ANY ARCHAEOLOGICAL OR HISTORICAL SITE, ARTIFACT, OR OTHER INDICATOR IS DISCOVERED, ALL DEVEL- OPMENT AT THAT LOCATION SHALL BE IMMEDIATELY STOPPED AND THE NATURAL RESOURCES MANAGEMENT DEPARTMENT NOTIFIED. DEVELOP- MENT WILL BE SUSPENDED FOR A SUFFICIENT LENGTH OF T1ME TO ENABLE THE NATURAL RESOURCES MANAGEMENT DEPARTMENT OR A DESIGNATED A CONSULTANT TO ASSESS THE ~ IND AND DETERMINE TH~] PROPER COURSE OF ACTION IN REGARD TO [TS SALVAGEAtIILITY. THE NATURAL RESOURCES MANAGFiMENT DEPARTMENT SHALL R~L~POND TO ANY SUCH NOTIFICATION IN A TIMELY AND EFPIC1ENT MANNER SO AS TO PROVIDE A MINIMAL INTERRUPTION TO ANY CONSTRUCTION ACTI- VITIES. THE PETITIONER WILL MINIMIZE ThE DESTRUCTION OF EXISTING UPLAND HABITATS, IN PARTICULAR THE XERIC OAK (QUERCUS SP.) AREA IN THE EASTf-'RI~ PART Of' THE PARCEL. THE PETITIONER AND NRMD WILL COOPERATE TO DESIGN A FINAL SITE PLAN ACCEPTABLE TO BOTH PARTIES. WHERE APPL;CABLE DUE TO DEVELOPMENT, COMPONENTS OF ThE PLANT COMMUNITIES, SUCH AS OAK TREES (QUERCUS SP.), WILL BE TRANS- PLANTED AS LANOSCAP~ EL~EN'I'S WITHIN THE PROJECT. 5.3 TRAFFIC CONSIDERATIONS: COUNTY ORDINANCE 82-91 REQUIRES THE CONSTRUCTION OF BOTH LEFT TURN LANES AND RIGHT TURN LANES FOR PROJECTS WH1CH GENERATE THE TRAFFIC VOLUMES OF TI~E SANDERS PINES PUD. BASED ON THE RE. QUIREMENTS SET FORTH BY ORDINANCE AND TH~ EXISTING ROAD DEFICIENCIES ALONG EDEN AVENUE (TEN FOOT LANES, NO SHOULDER), CARSON ROAD (TEN FOOT LAMES. NO TURN LANES), AND LAKE TRAFFORD ROAD (MULTI-LANiNG PROJECTED), THE IMPROVEMENT NECESSARY BY THE DEVELOPMENT SHALL INCLUDE A FAIR SHARE CONTRIBUTION TO FUTURE LOCAL ROAD IMPROVEMENTS ON PEACH STREET, ON EDEN AVENUE, AND ON CARSON ROAD; THE FAIR- SHARE WILL BE BASED ON THE GENERATED TRAFFIC AS A PERCENT OF EXISTING TRAFFIC (ASSUMING SUBSTANTIAL BUILD-OUT IN EDEN PARK). THE iMPROVEMENTS MAY INCLUDE ROAD WID~NING, BIKEPATH CONSTRUCTION, TURN LANE CONSTRUCTION, AND TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF CARSON ROAD AND LAKE TRAFFORD ROAD. 2. AT THE TERMINUS OF PEACH STREET AND AS PART OF THE PRIVATE DRIVEWAY CONNECTION WITHIN THE PUBLIC RIGHT-OF-WAY, A CUL-DE- SAC SHALL BE DESIGNED AND CONSTRUCTED TO ALLOW VEHICLE TUP~N- AROUND. THE DEVELOPER SHALL PROVIDE ARTERIAL ENTRANCE LIGHTING AT THEIR PRIVATE ACCESS POINTS. THE ABOVE IMPROVEMENTS ARE CONSIDERED "SITE RELATED" AS DEFINED IN CRDXNANCE 85-55 AND SHALL NOT SE APPbIED AS CRED- ITS TOWARD ANY IMPACT FEES REQUIRED BY THAT ORDINANCE. 5.4 ENGINEERING CONSIDERATIONS: NO EXCEPTIONS TO THE SUBDIVISION REGULATIONS WERE REQUESTED, THEREFORE NONE SHALL BE GRANTED. 2o IN ACCORDANCE WITH THE SUBDIVISION REGULATIONS, PLATTING OR A WAIVER OF PLAT SHALL BE COMPLETED PRIOR TO CONSTRUCTION. ACCESS TO PEACH STREET AND TANGERINE STREET SHALL BE IN ACCORDANCE WITH ORDINANCE 82-9l, OR AS AMENDED. STATE OF FLORIDA ) ' COUNTY OF COLLIER ) I, JAMES ~. 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. 88-5 which was adopted by the Board of County Commissioners on the 12th day of January, 1988, during regular session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier Couaty, Florida, this 13th day of January, 1988, JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of' . .. · Deputy Clerk% .. ~