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Ordinance 88-093AN ORDINANCE AMENDING ORDINANCE 82-2 THE COHPREHENSIVE ZONING REGULATIONS FOR TIlE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS ~P ~IUMDER 49-26-7 BY CHA~GING THE ZONI[IG CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS #CITY GATE COMMERCE PARK" FOR MIXED USES NON-RESIDENTIAL, CO~INERCIAL/INDUSTRIAL/ OFFICE/RELATED SERVICES FOR PROPERTY LOCATED AT THE NORTHEAST QUADRANT OF 1-75 AND C.R. 951, 287.187 + ACRES, IN SECTION 35, TOWNSHIP 49 SOUTH7 RANGE 26 EAST; AND PROVIDING AN EFFECTIVE DATE. WHEll~%S, William R. Vines et Vines and Associates, Inc., representing Citizens and Southern Trust Company (Florida) ~ational lesociatton, Naples, Florida as Trustee under Land Trust #5360, petitioned the Board of County Co~unlzsioners to change the Zoning Classification o~ the herein described real property~ NO~ THEREFORE BE IT ORDAINED by th~ Board of County Cmtssioners of Collier County, Florldai ~TION ONE~ ~e zoning classification of the hereinafter real p~ope~y la changed fr~ A-2 Ag=~cul~ure eo "PUD" Planned Uni~ Developmen~ ~n acco=dance ~h ~ha P~ doc~n~ a~ac~ed hereto as Exhib~ "A" ~ich is lnco~ora~ed here~n and by rafarenca made pa~ he~eoE, ~e O~lcia~ Zoning Hap N~e~ 4g-26-7, as described ~n Ordinance ~2-2~ ~s he=eby ~ndad accordingly. 8ECTZO~ ~ts Ordinance s~all bec~ efta=tire upon receipt o~ ~o~lce fr~ ~he Secretary of State that this Ordlnan=e has been filed vlth the Se=retary of ~tate. DATE/ ~.ce,mber 13. 1988 · 'ATTEST = ' '~ : · JAMES C. GILES.~ CLERK d BOARD OF COUNTY COI~NISSIONF, R8 COr-LIEI~ COUNTY~ FLORIDA 'BORT L. SAUNDERS, CHAIR/4AM 'T~ m~l~nce fired and ~feclg~mt~to[ ~ 12-3-88 ClTYGATE CONIgERCE PARK PLANNED UNIT DEVELOPMENT DOCUMENT Prepared by Vlne~ I; As~eclatu, Inc. 715 Tenth Street South Naple~, Florida 33~iO Phone: {113} 262-q1M Data Flied: Data Approved by CCPC: Data Appreved by BCC:j~0 Or~llnan,':e Numhor: 88-9~ !HDE~ SECTION II. III. IV. V. VI. VII. PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT PROJECT DEVELOPMENT REGULATIONS ENVIRONMENTAL REQUIREMENTS TRAFFIC AND ENGINEERING REQUIREMENTS UTILITIES REQUIREMENTS RED COCKADED WOODPECKER MANAGEMENT PLAN ATTACHMENTS: MASTER PLAN TABLE 12.B.3. PAG~ 1-' 7- 111, 15 - 23 2~, - 27 21 - 29 30 - ~iO II1 - SECTION I PROPERTY OWNERSHIP AND DESCRIPTION t.1. PURPOSI[ The purpose of thls Section is to set forth the Iocatio~ and ownership of the property, and to describe the existing conditio~s of the property to be developed under the project name of: CITYGATE COMMERCE PARK. 1.2. LEGAL IDF~CRIPTION The subject property is 217.117 acres in area. The legal description foll~s this page. pROPERTY OWNERSHIP Title te the property is ~urrently in Land Trust ! S360, held by Citizens i; Southern Trust Company (Florida} National Association, Naples, Florida, P.O. Box 1857, Naples, Florida 3393S-11S7. The land trust constitutes a unified ownership vehicle. Decisions regarding trust management ere mede by a single trustee In ee,,~:erd with management guidellnes approved by a majority of the trust beneficiaries. MONTES AND ASSOC.. INC. CONSULTING ENGINEEIqs- LAND SURVEYORS LEG,~L DESCR I P'T 1 Ot, I ~ File rio. 15,23 913018S Sheet ! of 2 The North heir of Section 3S, Township q9 South, Range 26 East, Collier County. Florida LESS the West 100.00 feet thereof for right-of-way purposes and LESS the foll owlng described parcels: A parcel of land being a portion of the Northwest quarter of Section 35, Township q9 South, Range 26 East, Collier County, Florida. Being more particularly described as follows: Corrmencing at the quarter Section corner, co(Tmon to Sections end 35, ToY~ship q9 South, Range 26 East, Collier County, Florida. Said quarter corner being marked with a concrete monument having e 3-1nth brass cap attached to the top thereof, with a 31q-Inch Iron pipe; thence along the Section line between said Sections 3~'and 35. North 00°29'15" West. 1.382.q3 feet to a point on the centerline of the proposed Access Road No. 1 as shown on the Stets of Florida Department of Transportation Right-of-Way Map for State Road No. 93 (I-75} Sheet I of 10; thence along said centerline of the proposed Access Road No. North 89°31'01" East, 100.00 feet to · point on the East rlght-of-way line of a canal, seld point also being on the centarllne of the proposed access road to the water treatment plant parcel: thence along said East canal right-of-way line North 00°29'15" West, S0.00 feet to a q" x q" concrete mon~lTtent marking the Northwest corner of the proposed access road right-of-way to the water treatment plant parcel; and being the true POINT OF BEGINNING of the parcel to be herein described= thence'along' the North line of said access road right-or-way North 19°31~01· East, q55.51 feet to a ~" x ~" concrete monument marking the Intersection of said North rlghtoof-way with the West boundary line of the water treatment pleat parcel: thence along said West boundary line North 00°q7'1~' East, 99~.96 feet to an iron rod on the Westerly rlght-of-wey of a strip of land 170 feet in width for a Florida, Power & Light Company (FP&L) right-of-way as described In Official Records Book 66], Page 1210, Collier County Records; thence along said Westerly FP&L right-of-way North 31°30'28m East, 70.02 feet to an Iron rod; thence contlnulng along said Westerly FP&L right-of-way South East, 761.56 feet to a ~" x ~" concrete monument~ thence continuing along said Westerly FP~L right-of-way South West, 1,066.70 feet to a ~" x q" concrete monument; thence continuing along said Westerly FP&L right-of-way South 00°~7~Iq~ West, 332.74 feet to an Iron rod marking the Intersection of said Westerly FP&L right-of-way with the South line of the North half of the South half of the Northwest quarter of Section 35, Township q9 South, Range 26 East, Collier County, Florida; point also being the Southeast corner of the parcel being herein described: thence along said South line of the North hell of the South hell of the Northwest quarter of Section 35, South I9o0q'q0" West, 690.82 feet to e q" x 8" concrete monument; said ~ FIFe No. IS.23 9130186 Sheet 2 of 2 point being the Southwest corner of the parcel being herein described: thence along the 'West boundary line of said parcel North 00°~7'I~· East, 653.80 feet to e ~" x ~" concrete monument marking the Intersection of the West boundary of the water treatment plant parcel with the South right-of-way of the proposed access road to the water treatment plant parcel; thence along said South right-of-way South 19e31f01" West, ~5~.21 feet to e ~" x ~" concrete monument marking the intersection of said access road South right-of-way with the East right-of-way of a canal: thence along said canal East right-of-way North 00e29fIS" West 100,00 feel to the POINT OF BEGINNINC;. A portion of the North half of Section 33, Township q9 South, Range 28 Eaet: being described . Begin on the South line of the North half of seld Section 33, It m point North 8go0o'ol" East 100.00 feet from the Southwest corner of the North half of said Section 35, thence run North 00°21'15" West, 1,33~.19 feet, thence South 0~021108" East, 296.92 feet, thence South 02°~6'25" East, 750.60 feet to the beginning of a curve concave to the Northeasterly having · radius of 33~.00 feet, thence run Southerly along said curve 2~0.51 feet, through a central angle of 81001'29· to the end of said curve, thence South q3°q7~Sq" East, tq.86 feet to the South of the North half of said Section 35, thence South West, 206.27 feet to the POINT OF BEGINNING. A portion of the North half of Section 35, Township qt South, Range 26 East= being described as foil owe: Begin on the South line of the North half of said Section 35, at e point North 19°00~01" East, 306.27 feet from the Southwest corner of the North half of said Section 35, thence run North q3o~7tSq· West, 9~.8& feet to the beginning of I curve concave to" the Northeasterly having e radius of 336.00 feet, thence run Northwesterly along said curve 2~0.51 feet through · central angle of al°01~29" to the end of eeid curve, thence North 02oq6t25· West, 750.60 feet, thence North Oq°21~01· West, 296.92 feet, thence North 00°29~15" West, 85.00 feet, thence North 11°31e01" East, 6q.a2 feet, thence South 0q°21*01" East, 378.3~ feet, thence South 02°q6~25" East, 751.5& feet, to the beginning of a curve concave to the Northeaeterly having a radlue of 266.00 feet, thence run Southeasterly along said curve 190.16 feet, through a central angle of ~Ie01'29" to the end of eald curve, thence South 83ea7'Sa" East, 15t.~1 feet to the South line of the North half of said Section 35, thence South 89°00'01" West, IS.q0 feet to the POINT OF BEGINNING. Containing 287.187 acres, more or lese. H O L [. M O N T KS & A SSO CIA T ES. IN C. I ~.~ ~.ll. ~I~NERAL DESCRIPTION OF PROPERTY AREA The 287.187 acre tract Ilea in the northeast quadrant of the 1-751 CR 951 Intar--.henge. The property is bounded on the west by CR g51 and on the north by the Golden Gate Canal. Be The property is zoned A-2 Agricultural, proposed to be rezoned to PUD- Planned Unit Development. The property Ilea in the Collier County Water Sewer District. t.$. ~HY~;ICAL DESCRIPTION The pra~y elevation rangee from about 10.3 feet to 12.2 feet above mean sea level, eVmlging about 11 feet. Wetlande on the property ere limited to elx~ut 28.5 a¢~e~, most of which has been previously subjected to extended periods of over drainage and exotic vegetation Inva~ion. Most of the property Is vegetated with pine and associated upland plants. ~oil type. on the property Include Arzell. Keri. and Pmnperm Fine Sand. Water mnegement for the Cltygate Coavnerce Park project la to be the lake and natural surface detention type. Surface trater discharge will be to the north into the Golden Gate Canal through a single control structure. ---- g J,lo ~T.A, TE~ENT OF COMPLIANCE Development of Cltygate Camn~erce Park as a Planned Unit Development will comply with the planning go~ls end objectives of Collier County as aet forth in the Coeflpreheneive Plan. The Comprehensive Plan Policy which most specifically relates to the Citygate project le Policy "D" of Objective 3: An appropriate mix of land uses to provide for the present end future needs of Collier County. Oe Guide ecoemmic development to encourage a dlveraiflcatio~ of the eounty*s econamlc base and to meet the employment needs of present and future residents. Compliance with the Comprehensive Plan rests on the follo~ing factors: The Citygato property meets the Campreheneivo Plan rating point m/~tem with respect to the avallability of public eervica~ and facilities. The planned land uae mix conforn~ to the Future Lend Uso Map, All projict Improvement~ will co(nply with applicable regulations. The proJ~'t will constitute · major work c~ntmr with mn · xcmllent working envirortmef~t. The project will be s~f'ved by · c~(nplmte r~ng· of lef-vicel and facilitle~. SECTION II PROJECT DEVELOPMENT 2.t. PURPOSE The purpose of this Section Is to describe the basic development ebJ~'tlvu end to generally describe the project development plan. 2.2, GENERAt, Ae Citygate Coma~rc~ Perk is planned e= a mixed use. non- residential, commercial/Industrial/office/related services ~j~. T~ um ~ ~. If ~t all. ~ ~ slt~ hearst CR 951 west of the F.P. ~ L. ees~ent will p~lde a variety ~ ~rclal se~ic~ ~ highway ~elers, with a sp~ial ~ph~ls ~ ~e p~lsl~ ~ se~l~ ~ int~tate ~el~. The ~ind~ of ~e sit~, ~ ~t ~d ~est ef industrial fl~s ~lat~ with t~nol~l~l ~esea~, p~u~ develo~t, light ~n~uring, I~e ~d distribution, offlc~ and a wide variety ~ utili~rlan end ~al sup~ busineeses. It is anticlpat~ ~t ~ ~ ~ Citrate land u~a will ~ Iink~ ~1~ ~u~al Institutions. Citygata Commerce Park will provide sites which accomnxxlate · variety of entrepreneurial activities in a physical setting which la spacious, attractive, and free of the nuisance type characteristic· which ere typical of industrial districts of the pest. A primary development objective of Cltygate Is that the structure~, the amenitleso and the natural end Installed landscape be attractlve end constitute a pleasant° setisfylng employment environment. Be Development of this project shall be governed by the contents of this document and applicable sections of the Colller County Zoning Ordinance. Ce Unless otherwise noted, the definitions of all terms shall be the same aa the definitions set forth In the Collier County Zoning Ordinance. 033,,,.:"92 ~ 2.3. Pt~C)),E(:T ptrAN The Master Development Plan for the project Is Indicated on Map (HI of the Application for Development Approval and la an Integral part of this PUD document. A reduced version the Master Development Plan is attached at the rear of this document. Elements of the Master Development Plan Include: Land Use Acral StrleLI 21 Lake 35 C, omnx~ Lands 10 F.P. I; L. Ea~el?mnt 12 Building site~ (includes wetland pri~er~e~ which must be kept N an-site natural areas) 209. Total 287 Project development shall conform to the approved Meste~ Development Plan in general and to the approved Subdivision CansfJ-uction Plane, In addition to the plan elements shown an the Master Development Plan, such easements and rlghtJ-of-way shall be established as may be nec~ry er desirable fac' the service, function or convenience el' the project. C. The Master Developm~t Plan Is elm the Subdivision Master Plan. .MAXIMUM pEVELOPME~NT INTI~N$!TY Develepm~t Inteneity permitted within Cltygata Commerce Park ~J~all be limited to the amount of building development, number of employm, and number of parking space~ ~et forth in Table 12.B.3., reproduced from the Cltyga*~ Commerce Perk A.D.A.,and attached et the rear of thle document. The amount of building development devoted te the various land uses which will occupy the project may vary from the estlmate~ incerix~'ated in the A.D.A.o but the aggregate account of building development Indicated by A.D.A. Table 12.B.3. may rmt be exceeded. 2.S. pLAN APPROVAL. REQUIREMENTS A. PURPOSE The M~ter Development Plan lndlcete~ the development permitted for the pmj~ ~ a ~ nat~rk, a ~ntrally I~t~ lake, a syst~ ~I~ ways, a lake front ~nity site ~d ~ld~s d~el~nt sit~ al~ whi~ individual d~elo~t will ~ ~lls~. Ins~llatl~ 10 utilities° etc. may occur either In the entirety, or In i series of Increments. The purpose of the plan approval requirements Is to provi~le I mechenl~m for the county staff to revle~ detailed development plans end to determine if those plans comply fully with commitments established by the PUD document, DRI Development Order, County Zoning Regulations end ell other applicable standards end regulations. County staff approval of detailed development plans must be obtained prior to the construct]on of project Infrastructure. B. ,SITE DEVELOPMENT PLAN APPROVAL REQUIRED Prim- to issuance of building permits foe a structure or structures on any development slte, Site Development Plan approval must be obtained in accord with Section 10.5 of the County Zoning Ordinance. The Site Development Plan must Ix In substantial compliance with the project Master Development Plan, as that plan may Ix modified by Collier County from time to time. In addition te the listed concerns of Section 10.5, the Slte Development Plan review and approval proce~e shall Include consideration of architectural design quality end building matsrlala suitability es those matters relate to the development quality commitments set forth in Section 2.2.A. of this document. 11 C, RECORI~ PLAT APPROVAL REQUIREMENTS Prior te recording the record plat, final plans of the required Improvements shall be spproved by the Planning/Zoning Director and appropriate other Collier County Departments and Officials to Insure compliance with the project Master Development Plan, the Cailler County Comprehensive Plan, the Collier County Subdivision Regulations, and platting laws of the State of Florida. 2.e. ~E,XCEPTIONS TO COUNTY SUBDIVISI.ON RE,G,U,LATIONS The following requirements shall be waived ae modified: Re Article X, Section 16: Sldew.lks ~hall be required as ahewn on the approved Master Development Plan, on at least one side of the existing access road when it is reconstructed as required by S.2.B., and on at least one side of all Internal project streets. Article X, Section 1): Street name signs shell be approved by the County Engineer but need not meet the U.S.D.O.T.F.H.W.A. Manual of Uniform Traffic Central Devices. Street pavement painting, striping, and reflective edging requirements shall be waived. Ce Article XI, Section 10: The requirement to Install monumenLs In · typical water valve cover shell be waived if ell monuments ere Installed 'in accord with Itata standards and In a manner approved by the County Engineer. Article Xl, Section 21: The requlremen: fee blank utility casings shell be waived if all required utilltle~ are Installed prior to construction ~f the street bale Ind pavement. 2.7. STREE~T$ TO BE PRIVATE[ All platted streets within the project shall be the cerumen prc~y of the project landowners. 2.1. IMPACT FEES The Citygeta Commerce Park project shall be subject to ell Impact fees applicable to it et the tlme d project apprevel. In the event future impact feea era adopted to assist with various public service facility financing, such fees shall be applicable to the Citygets Commerce Park project In accord with the terms of the eedinancee which Impose the fees. 13 FIRE STATION CStygate Commerce Park representatives shsll confer with appropriate Golden Cate Fire Gontr~l and Rescue District repr~ntatives r~gerdlncj the n~ ~o~ ~n ~dltion~l ~lt~ in th~ vicinity o~ th~ 1-75/CR 951 int~r~nge, ~nt that th~ ~ld~n ~t~ Fir~ ~n~l ~nd R~scu~ dete~in~ that a fl~ station ~ite is app~prlate on the Citygate prope~y, the Citygate C~r~ Park developer er su~[s) In title shall ~ke the sele~ fire s~tion site ~all~le, and ~11 ~n~Ibute ~ its ~st on a fair basis. 2~tO,p.U.O. POCUMENT COMPLIANCE[ Respo~slbility fo~ compliance with the terms of thls PUD document, the DRI Developmnt Order and all e~ applique public r~ula~ requlr~ents shall initially be ~at pmj~ develo~r or his su~s~r(s) in title. Prior ~ the develo~ ~ his su~s~r(s) in title beincj rellev~ of r~slbllity, a proj~ ~n~nt entity shall ~ ~d giv~ res~nsibllity f~ ~ntinuing ~Intenan~ p~j~ ]nf~u~ure, lake, water mn~t f~llti~, lq 033,,,,"98, SECTION Ill PROJECT DEVELOPMENT RECULATIONS PURPOSE The purpose of this Section is to set forth the devciopment reguistJona applicable to tho CItygate Commerce Park project. ~.2. USES PERMITTED Ne building oe structure, or part ther~fo shall be erected, altered or used, or land used, In whole or part, for othor than the following: Principal Urn: WEST OF THE FLORIDA POWER $ LICHT EASEMENT: 1. One g~llne service station or fuel dispensing facility 2. Hotels or metals Including Integral cocktail lounges 3. Retail sales and personal ~les businesses which ara 1s travelers and/er the Citygsta Ceeveercl Park market. Retail sales facilities shall not Include shopping center type uses w~ich would generate substantial trade from the residential neighborhoods in the vicinity. EAST OF THE FLORIDA POWER & LIGHT EASEMENT: 1. Light manufacturing and/or pr~'.esalng 2. Research, testing, product development 3. Service and repair businesses Showrooms and sales centers In essoclatlon with permitted uses $. Storage and distribution uses 6. Publishing, reproduction, c=mmunicatione Retail lales end personal lervlce buslnessea which are designed and operated to primarily serve the Citygete Commerce Park market II BOTH EAST AND WEST OF THE FLORIDA POWER $ LIGHT EASEMENT: 1. Restaurants, Including fast food restaurants Utllltarlano recrestlonsl, educational, and medical uses and services 3. Buslness and professional efflcas~ financial institutions Any other use which la determined by the Planning/ Zoning Director to be comparable and/er campatible with the the listed permitted uses. B. Accessory Uses: 1. Accessory uses and structures which ere customarily associated with the permitted u~ea 2. Project sales and edminlstrative offices and facilities Signs es permitted by the Collier County Zoning Ordinance In effect at the time of application foe the sign permit 17 lie 7e Carstakar'l residence subject to Section I.l~0 of the Zoning Ordinance A perimeter security fence end/or ~rallo not to exceed feet In height Temporary sewage treatment facilities In the ere~ ~ Indicated on the project Master Development Plan. Such temporary facilities may serve the project until publlc or ether county approved off slte sewerage service ia available. The temporary sewage treatment plant and ell associated facilities shall be sat back a minimum of 50 feet from the boundaries of the tract which it occuplee. Material which is excavated during construction o~ the lake which exceeds in amount the material required for development of the project m~'! be removed fram the project. Approval from the County Enginesr and the Planning/Zoning Director shall be required to assure no negative impacts on surrounding lands or on Impacted reads. Mitigation measures may be required If deemed appropriate end necessary by the County Engineer and/or Planning/Zoning Director. DEVELOPMENT STANDARDS A, Mlnimum Psrcal Size: West of F.P. $ L. easement: East of FoP. $ L. easement: B. Minimum Parcel Width: Wast of F.P. $ L. easement: East of F.P, S L. easement: 150 feat 200 feet C. Minimum Yards: West of F.P. $ L. easement: front, side and rear yards: fm~t unless adjoining parcels are jointly planned, in which case the ~cljoinlng side yard requlrwnts may be waived or modified during the 5DP approval process. East of F.P. i; L. easement: Front yard- SO feet Rear yard- SO feet Side yard- 2S feet, unless adjoining parcels are jointly planned, In which casa the adjoining side yard requirements may be waived or modified during the SDP approval proems. I! In those Instances where multiple buildings ere to occur on a single site, yard requirements shell pertain only to the site boundaries, not to ~eparation between buildlngs. On site multiple building separation adequacy shell be determined during the SDP approval process. No more than 20~ of required yarde may be devoted to vehicular drives and parking spaces. D. Minimum On Site Natural end/or Installed Landscape Area: We~t of F.P. & L. easement: 2C~ of gross slte area East of F.P. & L. easement: 30~ of grote site eree The term "Landscape Area" Is cof~strued to Include fountains, pools, ponds end other water features, walks, terraces, courtyards and other pede~trlan spaces when such noe~-botanlcel features do not exceed 15~ of the requlrad area. E. Maximum Building Height: Hotels, motels and office buildings: 5 storle~, except that such usee which ere closer than 350 feet to the Golden Gate Canal my not exceed 3 storlee. All other uses: 3 stories 2O Taller buildings my be authorized upon application. following advertised public hearings with due public notice by the Collier County PlAnning Commission and the Board of County Commissioners. a recommendation by the Colllar County Planning Commi.lono and approval by the Board of County Commissioners. Prior to authorizing I taller building. determination shall be made by the County that the nature of the use to which the building ia to be devoted warrants the ~dditional height, that the taller building will not depreciate the Intended character and quality of the overall Cltygats project° end that it will not have negative Impacts upon surrounding propertlea or be detrimental to the public welfare. F. Minimum Principal Building Floor Area: 1,000 square feet {Gasoline service stations nra exempt from this standard. } G. Marchandise Sterage and Display: There shall be ne outside storage or display of merchandise. He Utilities: Electrical. telephone and television service lines shall be placed underground. Pad mounted transformer~ end other components of underground service systam~ which are normally located above ground shall be pieced and screened so ee not to be visible fram · street right-of-way or an adjoining property. 105 ParklnglLoading: Offstrest parking and loading spaces stall be provided in accord wlth t.~e standords of the Collier County Zoning Ordinance In effect at the time of bulldlng peals application. Parking and loading facilities shall be ~o arranged that backing into, or out of, a arrest right-of- way Is unnecessary. Je Porfornmnce Standards: Noise, odor, vibration, glare (ns differentiated from general illumination}, smoke and dust readily detectable by human senses at property boundary lines shall not exceed the background levels characterlsflc of retail ~mmerclal areas. In the event same or all of these performance characteristlca are regulated by applicable federal, state, end/or local Iago such regulations shall control. Uses which generate special or h~zardeus w~mte ,J~all not be established or permitted to operate unless deflnltJve plans for dealing with the waste product have been approved by all agencies with Jurisdiction over the matter. Further, said uses shall be governed by all applicable federal, state, . end/or local laws as my be edoptecl or amended from time to time. The future performance characterlstica ef · given land use 22 · -.-- ama Il are often not predictable with accuracy at the time OF building permit Issuance. The above listed performance standards not only eppl~/ st the time land uses ere Initiated. but ere contlnulng performance obligations. unless overridden by appllcable federll, state, end/or IIW, Golden Gate Canal Buffer requirements: Development of site~ which abut the Golden Gate Canal shall Include installation of landscape end/or structural buffer~ which Insure that residentially zoned properties on the north side of the canal are not subjected to Inappropriate views. Buffers shall be shown on site develol~nent plans es required by Section 2.6.B. In evaluating the buffer component of site development plane, the Planning/Zoning Director shall determine adequacy of the planned buffer, taking into account the nature of the planned site utilization, the · character of tho planned stJ'ucturl(I), and the presence of natural vegetation which will be left in pl~ce and which will co~tribute to the buffering function. At · minimum, the buffer adjacent the Golden Gate Canal Ihall comply frith the standards of Section a.37 of the Zoning Ordinance. The tree and shrub Ipecleao sizes, and spacing shall be approved during the Site Development Plan approval process, end If deemed to be necessary by the Planning/Zoning Director, shall be moro extensive than required by Section 8.37. Lo W~tl~nd Preserve $etb~J<s: w~tland pr~serva is I~t~ on ~ buildlng sit~, ~ bulldl~ ~y ~ I~t~ clos~ ~an 10 fNt ~ ~e pr.~l ~n~. Prell detl~inltlon of thl prise~e ~und~ sh~ll ~ during Sitl D~elo~nt Plan the 5u~Iv;s]en Pl~t, ~long C]t~te ~ P~k PUD. 2fi SECTION IV ENVIRONMENTAL R EGUI REMENTS pURPOSE The purpose et this Sectio~ is to set forth the stlpulstlons by the Environmental Advisory Council. The development of the project shall be subject to these stlpulstlons: #.2. ~VELOPER REQUIREMENTS The developer shall be mubJect, to Ordinance 7S-21 {or the tree/ vegetation removal ordinance In existence et the time of permitting], requiring the acquisition of · tree re,oval permit prior to any land clem'lng. A site clearing plan shall be submitted to the Natural Resource~ Management Departnmnt for their review end approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clesring plan shall clearly depict how the final site layout Incorporates retained native vegetation to the maximum extent possible end hew roads, buildings, lakes, parking Iot~, end other facllitlee have been oriented to accommodate this goal. Be Nativa speclu shall be uUIized, where available, t~ m~ximum extent possible in the site landscaping design. landscaping plan will be'submitted to the Natural M~n~em~nt Depart/neat and the Community Development Dlvlalon for their review and approval. This plan will depict the lncorporatlof~ of native species end their mix with other apeclea, if any. The goal of slte landaceplng shell be the reaatablishment d native vegetation and habitat charecterlstlca I~t on the site during construction er due to put actlvlt]u. Ce All exotic plante, u defined In the County C4xle, ~all be removed from developn~nt areas, open space areas, and preserve areas during each phase e~ construction. Foll~lng slta development, I continuing maintenance program shall be imple~nentad to prevent reinveslon of the slte by such exotic specle~. The mintenence plen,whlch descrlbea control techniques and Inspect]on Intervals shall be submitted to end approved by the Natural Reaourcu Manege~r4nt Department and the Core, unity Development Divlslon. If, during the course ol' slte clearing, excavation, er other conetructlonal .ctlvitlea, an archu~leglcal er historical alta, artifact, er other Indicator la dI.~.avered, all development at that location ahall be Immediately stopped and the Natural Ruourcea Management Department rmtifled. a, gQ3,,:IllO Ee Fe Devalopment will b· auspended for · sufficient length of tlme to ~n~l~ ~ Neturml R~ourc~ ~n~nt Deponent ~ . deslgnmt~ ~n~ul~t to ~s~s th~ find rand det~lne ~e p~per ~urse of ~tlon in r~ard to i~ salv~esblllty. The Natural R~rc~ ~n~ent Depa~ent will r~d to any such notifl~tlon In a tl~ly and ef~clent ~nner ~ as to p~ide only a mlnl~l inter~ptlon to ~ns~lon ~ivitl~. Prior to development in surrounding ·roes. wetland preserve m-ess trill be fl~gged by the petitioner. Wetland boundaries will be subject to the review end approval of NRMD. To Increase lake productivity and habitat values, lake side slopes will be ~1:1 out to · depth of 3~ from mean I~ water levels. Petitioner ah·Il Investigate vegetating IittorM shelf areas with various native plant species (upon request, NRMD can provide pertinent Information concerning plant species). Petitioner shell design and Implement · program to prevent end/or reduce I~pulations of noxious/exotic plant populations within the lake(s), specifically, but net limited to, preventing growth of hydrIIle (Hydrlll· vertlclllata), water hyacinth ( .~!c. hhornla crasslpMl), end He {to s lesser degree) cattails ITy~he latlfolle)~ this program will be subject to the review end approval of NRMD. A survey for the pr~ance and distribution of the protected Red Cockaded Woodpecker {P;coldes boreells) must be conducted by qualified personnel subject to approval by NRMD. Results of the survey must be made ~vallable to NRMD. Management plans shall be submitted for review and approval to the U.S. Fish end Wildlife Service end the Florida Game and Fresh Water Fish Commission a,~d NRMD. If necessary, the project design end PUD Master Development Plan shall be adjusted to Insure the survival of the protected species. Wl~ere eppllcable, due to development, components of plant communities will be transplanted within preserve areas and/ or es landscape elements within the project. Examples of plant species appropriate for transplant would Include sabal palms [,.S~bel p~lmqtto), end butterfly orchids IEncvclle tampensls ). Due to the concern of the use/generation cfi hazardous substances, all businesses proposed foe the parcel must be subject to the review end approval of' NRMD. 21 SECTION V TRAFFIC AND ENGINEERING REQUIREMENTS PURPOSE The purpose of this Sectlon Is to set forth the tr~ffl¢ Improvement requirements which the project developm' must undertake es en Integral pert of the project development. S.2. DEVELOPER REQUIREMENTS Access to this site from CR 951 may present design problems due to the limited distJnce ~tw~ ~ld~ ~te ~n=l snd the Iimit~ ~ms right-of-way for I-~. A~s drlv~ ~to CR ~1 ~11 ~ Ilmit~ ~ ~e exisU~ ~e whi~ allgns wl~ ~e wat~ ~t plant ~s drive nnd ~e ~diti~al whl~ ~ h I~t~ ~ ~ ~ ~lsting ~s dFJvl. The existing access toed which extends southerly from CR 951 ~nd then easterly parallel to 1-75 shell be reconstructed to · minimum four lane divided roadway from the CR 951 Intersection to the southwest corner of the CStygate property at such time as traffic volume~ m~ the ~ link warrants the four Isning. In the event tl~t = significant fr~ctlon of the traffic on the read link is net generated by the Cltygats project, the Citygate project shall p~y · portion of the four lanlng cost which is equal to its traffic Impact. The driveway to the water treatment plant shall be widened to a minimum of 2~ feat If it ia utlllzed aa an eccess to the ~dJ~ant tracts. The close spacing of the CR 9SI/landfill access reed Intersection and the landfill access r~dlwater plant entry drive Intersection will cause traffic central preblents aa traffic vclume~ through the two intsr~ectlons Increase. In order to avoid unnecessary aggravation of these problem~ by traffic movements Into and mat of the commercial sites which ara closest to the Intersections, special attention shall be glvan to the location of antry/axit drives when sits davaiOl~ent plan applicationa for sites abutting the watsr plant ~s drive ~d ~ landfill ~ ~ ~ being r~ie~ed. It ahell be undaratoed that the numbar of ~e Points will be limited in n'J~W~er, Appropriate left and right turn lanes shall be provided an CR g$1 and the landfill access road at all project maes. Street lighting shall be provided at major aox:ess points per County requirements. imm Ho III Trsfflc sign. Is shall be Instslled at CR ~51 Iccess points when deemed wa~nt~ ~y ~e ~unty E~In~r, The signals shall ~ ownS. ~rat~. end ~intsln~ by ~e ~nty. Tha Cltygats pmj~ shall pay a fair' sham ~ion E ~e signal lns~llatlon ~, The abeve Improvements ars censlsered "site related" aa defined by Ordlnsnce IS-SS and shall net be applied aa credits toward any Impact fm required by that ordinance. Detailed sits drainage plans shall be submitted to the County Engineer for review. No construction permits shall be Issued unless and until approval o~ the proposed const~3ct, ln in Kc~x~cl~nce wit~ the sul~tflted plens Is granted by the County Engineer. An excavation Permit will be required foe the proposed lake in accordance with Cailler County Ordinance No. 80-26, es amended by Ordinance No, 83-3, and Is may be amended in the future, ,o. il5 31 SECTION VI UTILITIES' REQUIREMENTS e. 1. PURPOSe[ The purpose of this Section is to sat forth the potable water, Irrigation water, and ~ewer utllitle~ requir~menta which the project developer Is ~mmittad to me~t. &.2. DEVELOPI~R RE~I)IREMENTS A. Water distribution and ~ewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water end sewer facllltiu constructed within platted rights-of-way or within utility essementa required by the County shall be conveyed to the County for ownerahip, operation and maintenance purposes pursuant to appropriate County Ordinances and r~julations in affect, at the time of conveyance. All water and sawer facilitlea constructed on private property and not required by the County to be located within utillty easements shall be owned, operated end maintained by the Developer, his a~slgna or succe~ora. Upon completion of construction of the water and sewer faculties within the project,° the facilities will be tasted to Insure ~ey m~t Collier County's utility ~nst~ctIon requirwnts in eff~ at the tl~ ~nst~ion plans am approve. The I~l talks must bi ~plet~ to the satlsfKtlon of ~l Utilities Division prior ~ placing any utility fKllltl~. ~unty own~ or privately ~n~. into so,Ica. U~n ~pletlon of the water and)or sewer f~illtles and prior to ~e issuan~ ~ Ce~lfl~tes ~ ~u~n~ for structures within the p~j~ the utllity' f~llti~ shall ~ ~nvey~ ~ the ~unty, when ~ulr~ by the Utlllti~ Divlslon, pursuant to ~unty Ordinanm and R~ulati~s in eff~ at the ti~ ~nv~anca Is requite. All construction plans end technical speclflcatle~s and proposed plat~, if applicable, for the proposed water distribution and sewicje collection and transmission facilities must be revlewed and approved by the Util|tle~ Division prior to commencement of construction. All customers connecting to the ~ater distribution and se~age collection facilities will be customer~ of the County and will be billed by the County in accordance with the County's established rates. Should the County not be In · position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the lntarim utility established to serve the project DJ Ee until the Countyts off-alta water and/or sewer fecllitle~ ere available to serve the project. It Is anticipated that the Cour. ty Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system rmt la~? in · Position to supply potable water to the project and/or receive the project's westewster et the time development commence~, the Developer, et his expense, will Install end operate Interim water supply and on-site treatment fecllltlea end/m' Interim on-sits sewage treatment and disposal fecilltles adequate to meet ell requirements of the appropriate regulatory agenclea. An Agreement shall be entered into between the County end the Developer, binding on the ,Developer, his assigns or succas~ors, legally acceptable to the County, prior to the eppraval of construction document~ for the proposed project, stating that: The proposed water supply end on-site treatment facilities end/or on-site wasteweter treatment end disposal fecilitiea, if required, ere to be ~structed as pert of the proposed project end must be regarded Interim; they shell be constructed to State end Federel standards end ere to be owned, oporsted end nmlntained by the Developer, his ssslgns or successors until such time es the County's off-site water facilities and/or off-sits sewer facilltle~ ere ~vell~ble to service the project. The interim trsetment f~cllitle~ shell supply ssrvicas only to those lends owned by the Developer end approved by the County for development. The utility facility{les} may not be expended to provide weter and/or sewer service outside the development boundary approved by the County without the wrlttan consent of the County. Upon connection to the County's off-slte wetor ficJIitles, end/or sewer ficlliUes, the Developer, his assigns or successors shall abandon, dismantle and remove fram the site the Interim water and/or sewage treatment facllity and discofltinue use of the water supply source, If applicable, in · manner consistent with State of Florida standards. All work related with this activity shall be performed st no cost to the County. Connactlon to the County's off-site water and/or s~wor facilities will be made by the ovners, their assigns or successors et no cost to the County within ~Q days after such facilities become available. The cost of connection shell Include, but not be limited to, ell englnesrlng design and preparation of construction documents, permitting, modification or refitting of existing sawago pumping facilities or construction of new master sewage pumping feclliUes, intsrconnectlon with County off-site facilities, water and/or sawer lines necessary to make the connection[s}, etc. At the time County off-mite water and/or sewer facilities ere available for the project to connect with, the following water end/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinanc~ and Regulations in effect at the time: All ~ltor and/or sewer faciiltles constructed In publicly owned rightS-of-way or within utility easements required by the County within the project limits required to make cof~nection with the County's off-elto wats" end/or mor facilities; or, be All water and eewer facilities required to connect wlth the project to the Countyes off-site water and/or sewer facilities when the on-site water end/or sewer facilities ere constructed on private property end not required by the County to be IorJted within utility easements, including but not limited to the following: 1. Lin sewm3e lift stJtton end force m4ln Interconnecting with the County sawer feciliUes Includlng all utillty memen1~ neces~ry: Water distribution facilities from the point of connection with the County's water facilities to the master water mater serving the project, includlng ell utility eeswntJ necisaery. The customes~ ~es-ved on on Interim basle by the utility system constructed by the Developer shall become customers of the County at the time when County off- site water and/or se~er facilities m-e available to serve the project and such connection is made. Prior to connection of the project to the County's off-site water and/or sewer facilities the Developer, hle eesigne, or successors shell turn over to the County · complete list of the customers lerved by the Interim utilities system and shall not compote with the County for the service of those customers. The Developer 31 shall ml~o pr~Ide the C~unty wlth m detailed Inventory of the facilities merited within the p~J~ mhd ~e entlty whl~ will ~ res~nslble for the water and/or s~ se~l~ billing for the p~j~. All c~netruction plans mhd tachnlcel mpeclflcetlonm related to connections to t~ ~unty"m ~f-mltm wet~ and/or m~ f~illtlem ~III ~ mu~itt~ ~ ~e Utllltl~ Division for r~lew and appeal prior to ~n~nt d ~et~ctlon. The Developer, him Isalgnm or aucces~ors agree to pay mil system development charges at the Use that Building PermiLt ore required, pursuant to epproprleto County Ordinances and Raguletiona In effect et the time of Permit request. This requirement shall be mode known to mil prospective buyers of properties for which building permita will be required prior to the alert of buildlrKj construction. The County will lease to the Developer for operation end maintenance the water distribution and/or sewage c~llactlon and transmission system For the sum of $10.00 per year, when such system Is not connected to the off-site water and/or newer facilities owned end 31 eperatsd by the County. Terms of the lease shall be determined upon completion of the prepared utility construction and prior to activation of the ~tsr supply, treatment and distribution facllltlel and/or the sewage collection, transmission end treatment facilities. The Lease, if required, shall remain in effect until the County can provide water and/m- lewee service through Its off'-sita facilities or until such time that bulk rate water and/or lower service agreements era neg<~tleted with the Interim utility system serving the project. Fe Data squired under County Ordinance No. 10-112 shewing the availability of sewage service, must be submitted and approved by the Utilltlet Division prior te approval of the construction documents for the project. Submit a copy. of the approved DER permits for the sewage collection and transmission system~ and the westswatar treatment facility to be utilized, upon receipt thereof. If an Interim on-sits water supply, treatment and transmission facility le utilized to serve the proposed project, it must be properly sized to lupply average and peak day domestic demand, In addition to fire flow demand at a rata approved by the appropriate Fire Control District servicing the project area. Construction end ownerehip of the water end rawer fecilltleao Including any proposed Interim water and/or eswage trestment fecllitles, shill be In compliance with iii Utilities DIvlslon Stlnderds, Policies, Ordlnencea, Practlces, etc. In effect et the time construction epprovll Is requested. I. Detailed hydraullc dulgn reports coverlng the water distribution end sewage collection end tran~mlsslon eyatenm to serve the project must be submitted wlth the construction documents for the project. The reports shell list all design nssumpUons, demand rates and other factors pertinent to the system under the c~nelderation. When the County has the ability to provide sewage treatment and d~spo~al esrvlcea, the Developer, hie assigns or successors will be responsible to connect to these facilities at a point to be established by the County, with the Developer assuming all costs for the connection work to The County has not yet determined whether the Cltygate project will be designated es · treated newage effluent receiving area. Prior to preparation of deflnitive central Irrigation plans fee the Cttygata project° appropriate input shall be obtained from the county ta Insure that applicable county affluent usa plans ara complied with. If and when the county deslgnat~ the Citygata project aa a treated sewage effluent recalvlng area, meslgns or successors, shall construct the necessary facilities for use of the treated IlWagl effluent for Irrigation purposes and potentially fee fire flo~ purposes. The Citygsta developer may be asslgned r~ponsibility for providing all required piping and pumping facIIitle~ fram the County's point of delivery to the project, and may be required to provlda wet waathee storage facilities, es required by DER, consistent with the volume of treated affluent to be utilized. The treated effluent distribution system, if requiredo shall be constructed pureuent to the flndlnga of · detailed, county approved hydraulic design report. The report shall list all design a~aumptlenSo demand rats., and ether factors pertinent to the distributlon system. Treated effluent supplied to the project will be eub]ect to the county's established rata schedule. Prior to approval of construction documant~ by tho UUIitle~ Division, the Developer must present verification° pure[sent to Chapter 367, Florida Statutes, that the Florida Public Oe Pe Service Commission I~s granted terrltorlel rlghLI te the Developer to provide sewer end/or wetlr servlca to the project, If mn Interim treatment facility is required, until the County can provide these services through itl water and eewer facilities. No septic tanks are permitted to serve permanent commercial, Industrial, or similar uses. Temporary septic tanks which serve temporary sales faciliti~m or other temporary uses prior to the availability of cantrll sewage treatment facilities may be utillzed in accord wlth F.D.E.R. standards. Any establlsh~nent requiring a CCPHU pernlt nu~t submit pla~a for revlev and approval. If a vegetative barrier Is placed around the package treatment plant and/or land dispesal area, the ESPCD recemmends that It be located in a manner aa it does net affect the proper operation of the treatment precis. The ESPCD recemmends that the petitioner locate the land epplicatlon slte away from any drainage dltch and/or swale that may affect the proper' :.~ operatlon of the land disposal site. SECTIOt~I VII RED COCKADED WOODPECKER MANAGEMENT PLAN The Red Cockaded Woodpecker IRC'W), P1clode! ~,ore.~lls. Is · protected species of pine forest dwelling wildlife. During planning of the Cltygats project, eeverel Red Cockaded Woodpecker nest trees were Identified off the site, end determination wee mede that a number of Red Cockaded Woodpeckera utilize some of the nest rrm and forage on the plne forested portions of the Cltygate site, as well as on acljoinlng off site pine forested lands. A Red Cockaded Woodpecker Management Plan was prepared, Incorporated In, and approved ·s part of 'the Development Of Regional Impact application. The elements Of the plan have been Incorporated In the Cltygets Master Development Plan end this PUD document. The central feature of the Management Plan i· an agreement to defer development of a 72_~ acre area which embraces the nest rrm, a buffer of pine forest around the nest rrm, and · corridor of pine forest which connects the nest trees to each other and to existing off-alta pine forested lands on which the birds now forage, so long as the blrds continue thelr existing nesting pattern. The 72_* acre intsri~ preserve ares is Indicated un the Master Development Plan, ee ere the nest trH locations and qO0 foot diameter circles around each nest trH. After planning of the Citygats project was initiated, a forest flre severely burned a large portion of the Cltyg.ts sits, Includlng approximately hslf of the Intsrlm preserve mme. Many of the pines in the burnKl srea hale dleclo and the Flerld· Forest Service advises that pine death will continue for several years. The long term Impact of the forest fire on utilization of the ~ by Red Cockaded Woodpeckers cannot be fortcast with accuracy, but · nnual monitoring of the birds will provide the needed Information. The following manegementlmonitorlng activities are an Integral pert of the Red Cockaded Woodpecker Management Plan ·nd of this PUD document: Prior to Issuance of construction approval for the streets, drainage facilities° utilities, etc. in · project development phase, I Red Cockaded Woodpecker survey utilizing approved methodology will be conducted to Insure that the birds have not estsblished nest calltles in the planned construction eras. The survey shall __,~__.r within ~O days of the start of construction, and If it is detsrmlned that Red Cockaded Woodpecker nest cavities have been established In the construction area, detsrminat$on shall be made by the agencies responsible for Red Cockaded Woodpecker protection laws as to the necessity of modifying the Red Cockaded Wm)clpecker Management Plan. 2. Annual Red Cockaded Wuoclpecker surveys utilizing approved methodology will be undertaken until five years ~ftar final bulldout oF the Cltygmts project, wlth results oF tha annual surveys to be furnished to the Florida Game end Fresh Wltsr Fish Commission. the Southwest Florida Raglonel Planning Council. end Cailler County within 30 days oF survey complatlon. Meleleuca and other exotic vagetatlon within the Red Cockaded Woodpecker preserve Ires and als,where on the Cltygate site will be eradicated, thus algnlflcantly enhancing the quality oF RCW forage area on site. Exca~aive undergrowth w111 be controlled by burning india' by uae oF mechanical equipment. Pine tJ-iea having a DBH oF I inches or more. located outside the RCW preserve but within the required yard and buffer areas In the remainder oF the site. will be conserved to provide ~clditional RCW fa.age areal La·da within the RCY/ preserve area may be utilized limited recreational purposes such H walkway·, Jogging trails, picnic ficilitles, etc., so long es disturbance native vegetation ia minlmal and the recreational ectivitle~ avoid the RCW ndt tries. Underground utilities and surface drainage mwales may crosm the RCW preserve ·rea. Th· pre·err· ·rs· will be posted with sign· which Indlcst· that it is ·n RCW preserve ·nd that disturb·nc· of the birds ia prohibited end unlawful. Proposals to modify the Citygat· Red Cockaded WoedperJcer Managment Plan may be submitted ·t ·ny time. Such prOpQ~nl, shell be supported by · currant survey of o~-slt· Red Cockaded Woodpr. Jcar nesting end foraging patterns, and such additional Information aa la required to evaluate the proposed Management Plan modlflcstlon. The rationale for authorizing lends to be removed fr~fl the RCW preserve area may Include abandonment of the nest trae~ by the bird· and/or · r. hange in the character of the pine forest forage area. resulting In a loss of the habitat characteristics required by the RCW. Prop·sale to modify the M~nagement Plan shall be sub~ttod to Collier County aa an amendment to the Citygatl PUD. wlth copies to the Southwest Florida Regional Planning Council and Florida Game and Fresh Water Fish Commission. The Southwest Florida Regional Planning Council ·nd/or the Florida Game and Fresh Water Fish Commie·loft may provide comments and r~ndatione to Colllor County regarding the proposed Management Plan modification. The Planning/Zoning Director ahall prepare a recommendation regarding the proposed Management Plan modification; an advertised public hearing ·hell be held by the Board of County Commissioners; end upon · finding of suitability the Board of County Commissioners may, by a majority vote, authorize the requested Management Plan modification. The Florid· Game end Fresh Water I~ih Commission has recommended to the Southwest Florid· Regional Planning Council that · regional plan be developed which will result in the public ecqulsltlon of geogrephloally eultable wildlife habitat whch ia comparable In anmunt and character to wildlife habitat which ia lear to the process of urbanization within the region. Commission wildlife biologists have stated that approximately 233 acres of the 287 acre Cltygata site have the charectarlstlc~ of Red Cockaded Woodpecker habitat. Th· Commission wildlife blologista have atated their expectatio,'J that, upon development of the Citygate alta and surrounding lands, existing Red Cockaded Woodpecker population will abandon er·a, In spite of th· establlshment of the Citygate Red Cockaded Woodpecker preserve oreo end associated Red Cockaded Woodpecker management commltmenta. In the event. · regional wildlife habitat acquisition plan le adopted, the purpose of which ie to mitigate wildlife habitat Iaaa to urban development In the reglono the Cltygate project shall q7 ,,- 13! be zubj~'t to zucJ~ Impzct, f~z or other implementztlon mezzures ~z ~re I~full¥ en~:t~d for the purpose ot Implementing the region~l 1ol~no .~ .033,,., 132 _l. Iii 833,,::,:1:33 · """"'" I (s) These sales and services will prim~rIl¥ serve Interst~lte highwey travslsrs and employee~ or bu~ini~sel within th~ p~J~, Ii op~ ~ ~uncUonlng ~l a nelgh~rh~ shopping The of~ ~t~o~ i~ Ilmit~ ~ o[~cei whi~ are prlnclp=! uses, ~d d~i not Include offices wh]~ ~e =ncilli~ ~ and in~r~r~ in o~er land us=i, i.e. a~lnli~atlve o/[]~ ~i~ln = light ' ~nufacturing or re~ear~ and development fl~. ~lt of ~e of~c~ ~III have extensive Interaction with bu~ines~e~ external ~ the p~j~t, but s~e will primarily function a~ ~e~ants of other land uses within the proj~t. Parking =pa~ ind ~pleyee estlmate= were la,ely be=ed en ITE =~ndards and ave~e= clt~ by Urban ~nd Institute ~en definitive publish~ packing and/e~ ~pl~ ~nda~d= =p~iflc land use were net available. ~e ~fl~ w~e based publish~ s~ndards fe~ ~e ~st slmila~ uses. The esti~t~ ~ploy~= Include ~=e w~ no,ally spend all e~ ~=t ef ~e ~k day within the project, l.e. efflce werkem. ~le= pe~nnel. ~rker=: ~ployees ~ho Ihuttll ~ and f~ ~eir pl~ of ~plo~lnt during ~e work day, i.e. dellve~ ~ ~ew=: ~d ~ploy~l w~ =eld~ vi=it ~e proj~t, I.e. ~nuf~turerO= field repre~en~tivel. It 1~ anticlpat~ that many of ~e ule= wi~in the proj~ will be ~e~ by ~n parking ~1~ Whi~ In,aais ~e effl~ency of parking =p~ utlllza~on. The.~ploym e~t~t~ foe ihtion, ~tel/~tel, re~u~nt/Iounge, and ~r~pl o~er um will be =pr~ over two and, in ~ ~, ~ =hif~ wl~in peri~. ,oo, DEVELOPHENT ORDER 88- 2 RESOLUTION 88- 309 DEVELOPMENT ORDER OF THE BOARD OF COUNTY COHHISSIONERS OF COLLIER COUNTY, FLORIDA FOR CITYGATE COHHERCE PARK PLARNED UNIT DEVELOPMENT LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: N1~EREAS, Vines and Associates, Agent, for CItizen's & mouther/1 Trust Company (Florida), National Association as Tntstee for Land Trust t5360 Applicant, filed on Apr,! 15, 1987 w~th the county of Collier an Application for Development A~proval (ADA} of a Development of Regional Impact (DRI) knoll1 et~ Citygate Co~lerce Park Planned Unit Development in accordance with Section 380.08{8), Florida Statutes~ and NHEREAS, Vines and Associates have obtained all necessary approvals and conditional approvals from the various Collier Cot~lty agencies, departments, and boards required as a condition to Planned Unit Development (PUD) zoning and DRI approval~ and )/HEREAS, the Board of County Cc~lssioners as the governing body of the unincorporated area of Collier County having Jurl~diction pursuant to Chapter 380~06 Florida Statutes, is authorized and empowered to consider Applications for Development Approval (ADA) for D~vslopmenta of Regional Impact~ WHERF2~, the public notice requirements of Chapter 380 Flor/da Statutes and the Collier County Zoning Ordinance have and WHEREAS, the Collier County Planning Commission ham ravlew~d and considered the report and recomsndatlon o£ the Bou~hwest Florida Regional Plannln~ Councll (SWFRPC) and held & publ~o hearing on the ADA on November 3, 1988, and ~, the Board of County co~lssionars has passed 88-93 which rezoned the sub~act prol~rty to PUD~ end ~/HEREAS, Cltygate Commerce Park ADA is also part of an overall rezoning application by the developer; and the issuance o£ a d~velopment order pursuant to Chapter 380.06w ~tut~, does not constitute a waiver of any po~ers or rights ~ardin9 the issuance of other development pe~lts by the ~ty or stat~ and ~, on ~c,~r 1], 1988 th~ ~ard of County emission.rs, at an open public h,arinq In accordanc, with 8ection 380.0~, Florida Statutes. consid~red th~ application for ~v~lopm~nt of Regional Impact submitted b~ Vines and ~s~lat~s, Aq~nt~ the repo~ and r~co~ndations of th~ ~ou~st Florida R~glonal Planninq Council (S~)~ th~ ~ifi,d r,cord of ~, do~menta~ and oral ,vid~nc~ to ~ Collier County Plannin~ C~ission; ~, repo~ and r~m, ndations of the Collier County Planninq Co~ission~ the ~c~ndations of Colli,r Count~ ~taff and ~dviso~ ~ards~ and '~m ~,nts upon ~e r~co~ ~dm ~form this ~ard of County ~lssioners at said ~ettl~, h.r~by ~k~s th~ fo11~lnq Flndl~s of Facts and Conclusions of ~w: FINDINGS OF 1. ~* r, al property ~hich Is ~m s~ect of l~ally descrl~ as s,t fo~h In ~* Planned Unit ~v, lo~,nt ~m~nt for Cityqate Cm~rc, Park attached h~rato as Exhibit ~A~ and by r,f,renc~ ~de a pa~ 2. ~, application Is In accordanc, ~l~ ~,ction 380.06(6), Florida 3. ~. applicant submitt=d to th. County an A~ and sufficien~ res~nses ~ as composite E~lbit and by r~f~r~ncm ~d, a pa~ h~r~of, to the txt.nt that ~=y ar~ not lnconsist=nt with thm t~m and conditions of ~is iiiiii 4. ~hm applicant proposea the development Commerce Park Planned Unit I)~velopmant for 2aY.la? acres which includes= 90,000 square feet of couercial, S36,000 square feet of office, 1,920,000 square feet of Industrial, 250 hotel/motel rooms, and ao,000 square feet of public, utilitarian, recreational and educational space. 5. 'I~e ~velopment Is consistent with the report and recommendations of tbs ~FRPC sub=ltt~d pursuant to Subsection 3S0.06 (12)~ Florida ~. ~ devalopmen~ rill no~ unrsasonably ln~r[ar~ th~ achlevsmen~ of the ob~ectlvss of Compr~henslv~ Plan applicable to the arsa. · . A co~prahenslv~ r~vlsv of ~ Impact gsn~rated by d~velopmant has been conducted by th~ appropriate County depa~m~nts and ag~nclss and by ~. ~ d~v~lopment Is not In an area designatsd an Ar~a o~ Critical ~tat~ Concem pursuant to the pr~lstons of Ssction 3a0.O~, ~lorifla statutes, as amended. 9. ~ day,lo,ant is conalstent vlth th~ land davslopment r~la~tons o~ Colllsr County. 10. ~NSIST~ WI~ ~E ~AL ~M~SI~ P~N~ ~e project ~s located w~th~n the designated Urba~ Ar,a by the 19S3. Collier County Compr,he~s~ve ~e 231 acres east of the Florida P~er & h~ght laslllnt hal been amended (O~nancl ~S-.9~3~) to an Industrial ~nd Us. ~signatlon. ~ ar~a west of th~ FP~ ~asam~nt (37 acres) ~s d~s~gnated as C~rclal. N~ ~FO~ ~ ]~ ~O~D by ~ ~a~ o~ County ~lsslon~rs o~ Collier County, Florlda~ In publlc duly constituted and assailed ~ce~r 13~ 19SS, that th~ Clt~at~ Co~rc~ ~ark ~ppllcation ~or ~v~lo~ent ~pproval ~ltt~ by Vlnes and ~ss~lat~s~ ~g.nt~ is h~r~by ordered -3- approved subject to the following conditions as recommended by ~le BWFRPC or In response to their recommendation and the co~alt~snts specified in the PUD which ars hereby adopted as conditions of approval of this Development Order: DRAINAGE/WATER OUALITY ~ The control elevation for the overall surface water management system shall be based on the historical average wet season water table of this site. bo Each stage of the two-stage surface water management system aha11 ¢;mply with the South Florida Water Management District's "Basis of Review". Co For those uses that produce hazardous materials, the applicant shall prepare and submit a Hazardous Materials Management Plan to Collier County, Florida Departmsnt of Environmental Rep~/latIon (FDER), South Florida Water Management District (SFWMD), and Collier County Division of Zmergency Management for review and approval, prior to any certificates of occupancy being Issued. .3, d. The applicant shall coordinate with Collier County, FDER and the SFW~D in the development of a surface water monitoring maintenance and sampling program to help ensure achievement of state water quality standards, as specified In Chapter 17-3, F.A.C. e. All commitme~tm made by the applicant within the ADA and subsequent sufficiency documents, not In conflict with the above racomendations, shall be incorporated as conditions for approval. The proposed project will be an all electric project and will increase the energy demand In the Region. The applicant has co~-.ttted tn the ADA to variety of conservation measures to help reduce the energy Impact of the project. These measures shall be adhered to by the applicant. a. The applicant or his successor shall be fully responsible for site-related roadway and Intersection lmprovamentm required within the Cltygats co.merci Park DRI. The applicant shall be required to pay the full cost for any site-related Intersection Improvements (Including but not limited to signalization, turn lanes, and additional through lanes) found to bs necessary by Collier County for th~ project's access Intersections onto CR-951 and Landfill Road throughout all phases of the development. Collier County and the applicant, shall limit the number of access roads from Cltygata to CR-951 in order to preserve capacity on CR-951, a regional roadway. Adequate commitments shall be provided by the applicant for the necessary transportation improvements, including design and engineering, utility relocation, right-of-way acquisition, construction, construction contract administration, bo and construction Inspection necessary to maintain peak season/peak hour LOS "O# for the following siqnificantly impacted rsqional roadways through project bulldout in 2003~ - Vanderbllt Beach Road to Golden Oats Boulevard - Cltyqate North Entrance to 1-75 - 1-75 to Davis Boulevard - Davis Boulevard to CR-854 (Rattlesnake Hammock Road) OI-846 fImmokalee Road) - Airport-Pulling Road to 1-75 01-s96 tPlne RidGe Road) - Airport-Pulling Road to 1-75 SR-84 /Davis Boulevard~ Alrport-Pulllnq Road to County Barn Road Radio Road to CR-951 Ce Adequate commitments shall be provided by the applicant for the necessary improvements, including but not limited to, right-of-way, cost of signalization, turn lanes, and other improvements deemed necessary by Collier County or the Florida Department of Transportation (FDOT), as appropriate, to ~atntaln level of service "D" on a peak season/peak hour basis for the following significantly impacted off-site regional intersections through project buildout: CR-951 at SR-84 (Davis Boulevard) CR-951 at Golden Gate Parkway 01-951 at 1-75 ramps 01-951 at Rattlesnake Hammock Road CR-951 at Landfill Road (also a site entrance) $R-84 at Airport-Pulling Road SR-84 at Radio Road The timing for the initiation of the improvements outlined in recommendations #b# and #c# above shall be made at the time that a road segment la found to exceed LOS #D" on a peak season/plak hour basil, or a road intersection is found to exceed a peak hour level of service #D". Service level determination shall be made by Collier County or FDOT, as appropriate. To determine the existing levels of service on regional facilities and the need for improvements in a timely manner, the applicant aha11 submit an annual monitoring report to Collier County, Naples Area (Collier County) Metropolitan Planning Organization (MPG), the Collier County Transportation Department, FDOT, and the SouthwesC Florida Regional Planning Council for review. The first monitoring report shall be submitted one year after the issuance of development order for Cltygate DRI. Reports shall be submitted annually until buildout of the project, and at a minimum, shall contain turning movements and traffic counts taken at the access points to the project, turning movements at each of the regional Oo -5- intersections listed above in reconendation "c#, and a calculation of the existing level of service at these intersections and on the road secants indicated above in item #b". The levels of service shall be calculated according to current professional standards and should provide an indication of when peak hour/peak season LOS D is expected on impacted roadways and/or peak hour LOS on impacted intersections. It will provide updated infor~ation to more accurately forecast pro,eot buildout traffic and total traffic for deter~lnation of proportional share. During each Phase, prior to the approval of any land use proposed in any subsequent future Phase, the applicant shall submit for County, Regional, and FDOT review, an evaluation of the transportation level of service conditions in the area and the anticipated impacts of each phase of Cityqate. If this evaluation indicates that the assumptions on which the Development Order was based are being exceeded and that a substantial deviation had occurred or will occur during any Phase a full assessment o~ DRX ~ieetion 31 will be required. Based on the staff transportation assessment of significant project impacts, construction of the follo~ing transportation improvements shall be needed prior to, or coincident with, development of Cltygate Cow, narcs Park DRZ (1988-2003) if peak season/peak hour LOS 'D# conditions are to be maintained on regional road se~aents with peak hour level of service ## D in regional intersections. ~te~lonal Roadways and local roadways (including intersection/interchange improvements) ~avis Slvd. to c l t-s64 (Rattlesnake Hammock Road) #Idem to four lanes with a median (se~ent is proqra~aed for widening In FY 1993-94) Phase 2! (1991-19941 additional improvements are indicated. 6X-75 to Davis ~oulevard (Oavis 81vd.~ Road to Barn Road Road to CR-951 #lden to six lanes with a median #idem to four lanes with a ~edlan Widen to four lanes with a median -6- &dditional improvements are indicated. ~hass V f2001-20031 :hilt Beach ltd. to Golden Cats Boulevard North Entrance to X-75 Blvd. to CR-864 Rattlesnake Ha~ock stead) ~-84S (Znokalee Road1 ~6Alrport-Pulling Rd. to 1-75 :.&J~[l-port-l, ulling Road to X-75 Widen to four lanes with a median #ides to six lanes vitha median #ides to six lanes with a median Widen to six lanes with a median #ides to six lanes with a median Bern Road to OR-951 g. Widen to four lanes with a median The listing above assumes that improvements required in an earlier phase are provided in that phase. The FDOT shall be involved in rsvievinq improvement designs and the identification of appropriate coats for improvements on the State Highway System to be used in calculating the applicant's proportionate share. These costs shall include all aspects of required improvements including design, utility relocation, drainage, construction and other related COSTS. Prior to building construction south of the planned east/vest road abutting the County water treatment plant and west of the Florida Power & Light transmission line easement, or no later than 6 months from the date of approval of this Development Order; FDOT shall be consulted in order that a determination can be made of the necessity to rsserve 1-75 interchange enlargement area for right-of-way acquisition by utilization of Chapter 337, Florida ~s to each phase of development and prior to co~encement of each phawe of development either of the following conditions shall provide adequate commitments for improvements indicated abovs to significantly impacted regional and local roadways and intersections= (1) If annual monitoring reports confir~ that traffic volumes on the road segments or intersections above exceed LOg "D# peak season/peak hour and the project is utilizing more than 5% o~ the respective level of service capacity, then building permits for any future phase shall not be granted until funding of the needed improvements for that phase is committed and construction has commenced. Building permits for the current phase shall be granted provided the level of service of the road segments and intersections above does not exceed LOS El or (2) The transportation impacts to the roads and intersections above shall be appropriately addressed consistent with Southwest Florida Regional Planning Council policies and with the minimum mitigative measures proposed by the Florida Department of Community Affairs in Rule 9J-2.0255, Florida Administrative Code Transportation Policy. The Regional Planning Council shall be consulted during the calculation of proportional share and/or pipelintng of regional road improvements pursuant to the DCA rule. In the DCA rule formula, 'tripe existing' shall be defined to mean all non-DRI trips on the roadway (or intersection) existing at the same time as the DRI trips in the proportionate share calculation. The resultant DCA proportionate share formula shall be applied to the total costs of necessary roadway and intersection improvements. VECETA?ION AND a. Golden Polypod7 Ferns and Butterfly Orchids shall be relocated to appropriate protected areas on-site. b. The 2.4? acres of wetlands preserve shown on the approved Master Development Plan shall be preserved. c. Prior to issuance of construction per, Its for an approved development phase of the citygate project, a Red Cockaded Woodpecker (RCW) survey utilizing previously approved methodology will be conducted to insure that Rc~/a have not established nest cavities in the development area. The survey shall occur within 60 days of the start of construction, and if it is determined that RCN nest cavities have been established in the construction area, determination shall be ~ada by the agencies responsible for protection laws as to the necessity of modifying the RCN Management Plan. d. Annual RCN surveys, utilizing the previously approved methodology, will be undertaken until 5 year after final build-.out of the citygats project, with results of the annual RCN surveys to be reported to Game and Fish Commission (GFC), V.S. Fish Wildlife Service (USF~S), SWF~C, and Collier County within ~0 days survey completion. 033,,,,, 144 -8- ge me l~oposals to modify the citygate RCI4 Management Plan my be aub~itted at any time. Such proposals shall be supported by a current survey of on-site RCW nesting and foraging patterns, and such additional lnfo~atlon ss Is required to evaluate the proposed Nanagement Plan modification. Upon detsr~lnation that the on sits colonies in any area sought to be removed from RCW Preserve Area have bssn abandoned, and any required off site mitigation is being provided, appropriate modification to the RCW Management Plan shall be approved. Melaleuca and other exotic vegetation within the RC~ preserve area and elsewhere on the Citygate site will be eradicated, thus significantly enhancing the quality of RC~ forage area on site. Excessive undergrowth will be controlled by burning and/or by use of mechanical equipment. Pine trees having a Diameter Breast Height (DBH) of or more, located outside the RCW preserve but within the required yard and buffer areas In the remainder of the site, will be conserved to provide additional RCW forage areas. East of the FP&L easement in the vicinity of the RCW preserve area as identified on the Master Plan the minimum parcel sizes are to be 2 acres~ minimum yards are front 50' rear 50' side not more than 20% of these required yards may be devoted to vehicular drives and parking epacee~ at least 30% of each development site must be devoted to natural and/or installed landscape areas. Lands within the RCW preserve area ~ay be utilized for limited recreational purposes such as walkways, Jogging trails, picnic facilities, etc., so long as disturbance to native vegetation ts slni~al and the recreational activities avoid the RCW nest trees. Underground utilities and surface drainage swales cross the RCW preserve area. The preserve area shall be poeted with signs which indicate that it is an RCW preserve and that disturbance of the birds is prohibited and unlaw£ul. When a regional mitigation plan is approved and Implemented the applicant's plan shall be subject to the provisions thereof. All other Comltments made by the Applicant either in the titillate ADA or sufficiency documents, not In conflict with the above recomendatlons, shall be incorporated as conditions for development order approval. 033,,,,, i45 be #o conaercial, Service R & D and/or Industrial develol~nent shall be allowed until a package treatment plant or central processing plant is on line to serve the project. Ce The applicant shall provide assurance that any hazardous wast.water will be segregated from everyday If percolation ponds are used, they must fully con~ly with FDERStandards. FIRE FROTECTION~ Fire sprinklers shall be included throughout the project as required by applicable fire codes. The project shall participate in lawfully adopted, generally applicable fair share requirements to fund fire control district facility, equipment and personnel needs in order to mitigate project impacts. The applicant shall meet with appropriate fire district representatives during site plan review in order to incorporate any required features into the overall project design. The applicant and subsequent tenants o~ the project Ihall investigate methods of reducing solid waste volume. be The applicant and subsequent tenants shall Identify the proper on-site handling and temporary storage procedures for any hazardous waste that may be generated on-site, in accordance with local, regional, state and federal hazardous waste programs. The applicant shall consider the utilization of "xeriscape" in the final landscape design for this project. This design application Ihould help to further reduce irrigation requirements for this DRI. Water conservation measures and practices shall be utilized in the Cltygate Couerca Park project. At a minimum, water conser~ation devices described in the Water Conservation Act (Chapter 553.14 Florida S~atutes) nuat be used, landscape irrigation shall be restricted to the hours of 5 p.I. to 9 a.m., and non-potable water sources should be utilized for irrigation where possible. m m I The devalopnant shall satisfy the requirements of any Ordinance, which also requires other developments not subject to Chapter 380.06~ Florida Statutes procedures to participate, to contribute its proportionate share needed to accommodate the impacts of the davelopmant~ or Pursuant to Chapter 380.06(16), Florida Statutes, the applicant may be subject to credit for contributions, construction, expansion, or ac~uisitio, of public facilities, if the developer il also subject by local ordinance to ispact fees or exactions to meet the same needs. The local government and the developer nay enter into a capital contribution front-ending agreement to reimburse the developer for voluntary contributions in excess of his fair share. The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings mod£fied as follows= Phase X - 1994, Phase XX - 1997, Phase IIX - 2000, Phase IV - 2003, Phase V - 2006, shall be incorporated as a condition of approval. If development order conditions and applicant commitments incorporated within the development order to mitigate regional impacts, are not carried ou~ as indicated to the extent or in accordance with the timing schedules specified within the development order and this phasing schedule, then this shall be presumed to baa substantial deviation for the affected regional issue. 10. P.U.D. DOCUMENT: The approved Cltygate ~JD document and Master Development Plan, ae those documents ~ay be officially modified from time to time, are hereby lncorporattd in and made a part of this Development Order and are entitled Exhibit attached hereto. BE IT FURTHER RESOLVED, by the Board, of County Con. lesion.rs of Collier County thatc All commitments and impact mitigating actions provided by the applicant in the Application for Development Approval and supplemental documents and the Application for Public Hearing for rezoning and supplemental documents that are not in conflict with conditionsor stipulations specifically enumerated above are hereby adopted by this Development Order by rafersncs. The Development Services Director shall be the local official ~esponsibls for assuring compliance with the Development Order. 4e Thle Development Order ehall remain in sffect for fha duration of the project. However, in the event that significant physical development ham not commenced within five (5) years from the data of final approval of the Development Order, development approval will ter~inate and this development order shall no longer be effectiVe. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such aa sever and water lines. This time period ma7 be extended by the Board of County Commissioners upon request b7 the Developer in the event that uncontrollable circumstances delay the commencement of development. Pursuant to Section 380.06 (15) (c) 3, Florida Statutes (1987), this project is exempt from down zoning or intensity or density reduction for a period of seven (?) years from the date of adoption of the Development Order, subject to the conditions and limitations of that Section of the Florida Statutes, provided that physical development commences within five (5) years aa provided in Section 3 hereof. The applicant or Its successor(e) in title to the subject property shall submit a repor~ annually, commencing one year from the effective date of this development order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report shall contain the information required in Section 9J-2.025(6), Florida Administrative Code. Failure to submit the annual report shall be governed by Subsection 380.06 (18), Florida Statutes. Subsequent requests for development per, its shall not require further revlev pursuant to Section 380.06, Florida Statutes, unless it ia found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following is present: ae A substantial deviation frma the ter~s or conditions of this development order, a substantial deviation to the project development phasing schedule, or substantial deviation from the approved development plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which warm not evaluated in the review by the Southwest Florida Regional Planning Council~ or be An expiration of the period of effectiveness of this development order as provided herein. Upon a finding that either of the above ia presented, the Board of County Co~lssionsra of collier county shall order a termination of all development activity until such time as a new DRI Application for Development Approval has been submitted, reviewed and approved in accordance with Section 380.06, ~]~EJ&~ The approval granted by this Development Order Is limited. Such approval shall not be construed to obviate the duty of the applicant to comply with all other applicable local, state or federal permitting procedures. The definitions contair~d within Chapter 380.05, Florida Statutes, shall control the interpretation and construction of any terms of this Development Order. This Order shall be binding upon the Developer, Its assignees or successors In Interest. 10. It le understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which ~y be created or designated or successor in interest to, or which otherwise pOSlellSe any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. 11. In the event that any portion or section of this Order le determined to be invalid, Illegal, or unconstitutional by a court or aqenc,/ of competent Jurisdiction, such decision shall in no manner effect the remaining portions of this Order which shall re~aln In full force and effect. 12. This resolution shall become effective as provided by Law. 13. Certified copies of this order are to be sent l.~ediately to the Department of Community Affairs, and Southwest Florida Regional Planning council. ~LY PASSED AND ADOPTED this DATE: December 13~ 19O8 ~': .. ..... . Ye .. Ce, 13Ch day of D~ember , 1988.. IEARD OF COL~TY COE~ISSIONERS Deputy Clerk AND LEGAL SUFFICIENCY M. STUDENT :START COUNTY ATTORNEY -13- ::.Co~ oF COh~R ) f~ ~n~leth Judicial Ctrcutt, Collier Count~, Florida, hereby certify that the foregoing ~= a true copy Ordinance No. 88-93 and Develop=ant Order 88-2/Resolution khJch waa adopted by the Board of County Co~Jalesloners on the lJth day of Dace=bar, 1088, during Regular NIT]lESS ~ hand and the official seal of the Board of County Co~mlssloner. of Collier County, Florida, this 20th d~¥ o~ Deceaber, 1988. 3A~ES C. OZLE~ Clerk of Courts and Clerk Zx-off~cto to Board of /~'~C~unt'! Com=~nere