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Ordinance 2014-01 ORDINANCE NO. 14-01 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-7, THE R. ROBERTS ESTATE PUD, AND AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING DESIGNATION OF 3.2 ACRES OF LAND FROM RESIDENTIAL SINGLE FAMILY-3 (RSF-3) TO R. ROBERTS ESTATE MIXED USE PLANNED UNIT DEVELOPMENT; BY INCREASING THE SIZE OF TRACT A OF THE PUD BY 3 ACRES, FROM 5.9 ± ACRES TO 8.9 ± ACRES; BY CHANGING THE PERMITTED USES ON TRACT A FROM SINGLE FAMILY RESIDENTIAL TO UP TO 50,000 SQUARE FEET OF GROSS FLOOR AREA OF INSTITUTIONAL AND PROFESSIONAL OFFICE USES; BY REVISING SECTION I, PROPERTY DESCRIPTION; BY REVISING DEVELOPMENT STANDARDS AND DEVELOPER COMMITMENTS FOR THE PUD LOCATED ON THE SOUTH SIDE OF ROBERTS AVENUE AND NORTH AND EAST OF SR-29 IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA CONSISTING OF 42 ± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA-PL201300000521 WHEREAS, Robert J. Mulhere, AICP and Blair Foley, P.E. of Blair Foley, LLC and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing Boys & Girls Club of Collier County, Florida, Inc., petitioned the Board of County Commissioners to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Zoning Classification and Amendments to the PUD Document, Exhibit A of Ordinance No. 92-7. The zoning classification of approximately 3.2 acres of land as described herein is changed from Residential Single Family (RSF-3) R. Roberts Estate Mixed Use Planned Unit Development, and the R. Roberts Estate PUD Document, Exhibit A of Ordinance No. 92-7, is hereby amended and replaced with Exhibit A attached hereto and incorporated herein by reference. R. Roberts Estate PUDA\PUDA-PL20130000052 l of 2 Rev. 01/03/14 CA SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this Zg 41'' day of lc,n tea;u , 2014. ATTEST: ' EA fi4' BOARD OF COUNTY COMMISSIONERS DWIGFIT E. BRO'CK, CLERK COLLIER COUNTY, LORIDA By: Deputy Cl: 41V TOM HENNING, ,airman hitest as to Chairman' signature only. A.prived as to form and legality 11116.. A �J (p L. eidi Ashton-Cicko 1\2-'\ >`k Managing Assistant County Attorney Attachment: Exhibit A—R. Roberts Estate PUD Document CP\13-CPS-01218\52 This ordinance filed with the Sec etary of Sates Office the day of vtla,tif� 290144 and ocknowledgemenft of that filin received this _5 day of 201 &mot R.Roberts Estate PUDA\PUDA-PL20130000052 2 of 2 Rev. 01/03/14 CA R. ROBERTS ESTATE PUD A- MIXED PLANNED UNIT DEVELOPMENT(MPUD) Originally PREPARED BY: ROBERT A. ROBERTS IN BEHALF OF THE ROBERT ROBERTS ESTATE PREPARED BY: DALLAS TOWNSEND P.O. BOX 1110 IMMOKALEE, FLORIDA 33934 CONSULTING ENGINEER: DAVID S. WILKISON, P.E., VICE PRES. WILKISON &ASSOCIATES, INC. 3584 EXCHANGE AVENUE, SUITE A NAPLES, FLORIDA 33942 PLANNING CONSULTANT: DR. NENO J. SPAGNA, AICP, PRES. FLORIDA URBAN INST., INC. 3850 27TH AVENUE S.W. NAPLES, FLORIDA 33964 Amendment Prepared by: Richard Yovanovich, Land Use Attorney Coleman, Yovanovich and Koester, PA Robert J. Mulhere, FAICP, Planning Consultant Mulhere and Associates, LLC Blair Foley, PE, Civil Engineer Blair Foley, LLC Original DATE REVIEWED BY CCPC 12/19/91 Original DATE APPROVED BY BCC 01/21/92 Original ORDINANCE NUMBER 92-7 AMENDMENTS AND REPEAL EXHIBIT"A" Page 1 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] 0 TABLE OF CONTENTS SECTION I STATEMENT OF COMPLIANCE, LEGAL DESCRIPTION, SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III INSTITUTIONAL AND PROFESSIONAL OFFICE AREA PLAN SECTION IV MEDIUM DENSITY RESIDENTIAL AREAS PLAN SECTION V COMMERCIAL AREAS PLAN SECTION VI HISTORIC SITE DEVELOPMENT PLAN SECTION VII DEVELOPMENT COMMITMENTS TABLE Of CONTENTS PAGE TABLE OF CONTENTS STATEMENT OF COMPLIANCE 4 SECTION I PROPERTY OWNERSHIP & DESCRIPTION 4 SECTION II PROJECT DEVELOPMENT REQUIREMENTS b SECTION III LOW DENSITY RESIDENTIAL AREAS PLAN 44 SECTION IV MEDIUM DENSITY RESIDENTIAL AREAS PLAN 4-3 SECTION V COMMERCIAL AREAS PLAN 4-9 SECTION VI HISTORIC SITE DEVELOPMENT PLAN 44 26 SECTION VII DEVELOPMENT COMMITMENTS PUD MASTER PLAN ATTACHMENT Page 2 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] CV: STATEMENT OP COMPLIANCE The subject property consists of 39.90 42.90 acres, more or less, of land located in the south 1/2 of the northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida and more particularly described as follows: Legal Description: Commencing at the southeast corner of the Northwest 1/4 of said section, run South 89 Deg. 25' 45" West 659.79 feet along the south line of said Northwest 1/4; thence North 00 Deg. 46* 47" West 50.00 feet to the Point of Beginning, said point being on the north right-of-way line of S.R. 29; thence South 89 Deg. 25' 45" West 348.97 feet along said right-of-way line to a point of curve; thence 2150.68 feet along the arc of a circular curve concave to .the northeasterly, radius 1587.28 feet; chord bearings North 51 Deg. 44' 33" West, chord 1989.90 feet to the intersection of the south right-of-way line of Roberts Avenue; thence North 89 Deg. 22' 20" East 1684.64 feet along said right-of-way line; thence South 00 Deg. 46' 47" East 634.67 feet; thence North 89 Deg. 24' 03" East 210.00 feet; thence South 00 Deg. 46' 47" East 614.77 • feet to the Point of Beginning; containing 39.87 acres, more or less. Subject to all easements, restrictions and reservations of record. Together with: Beginning at the Northeast corner of the Southeast quarter of the Northwest quarter of Section 4, Township 47 South, Range 26 East, Collier County, Florida. Thence west 660 feet to the Point of beginning; thence south 660 feet; thence west 210 feet; then north 660 feet, then east 210 feet to the point of beginning; containing 3 acres more or less, less and excepting portions lying within boundaries of Roberts Avenue, a public right of way along the northerly boundary of premises. It is the intent of the petitioner to develop this land into 5-8.9 acres of institutional and/or commercial office uses (Tract A) single family residences, 9.0 acres of multi-family residences (Tract B), 18.6 acres of commercial use (Tracts C and D), 4.1 acre Historic Site (Tract E), and 2.3 acres of roadway along with the required Water Management, Recreation and Open Space, and related accessory uses and structures. COMPLIANCE WITH CONCURRENCY MANAGEMENT SYSTEM This project shall be subject to compliance with the Concurrency Management System designed to determine the adequacy of public services and facilities. CONSISTENCY WITH GROWTH MANAGEMENT PLAN This project is consistent with the Immokalee Area Master Plan flAMP) Element of the Collier County Growth Management Plan, as well as all applicable provisions of the Collier County Growth Management Plan.because of the following r asons: A.The project has been found to be consistent with Policy 11.1.1 of the Land Use Section of the Immokalce Master Plan Element that is stated as follows: "The Immokalee Master Plan Future Land Use Designation shall include a Future Land Use District for commercial that is known as the Commerce Center Mixed Use District." Page 3 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] CA B. The project has been found to be consistent , Land Use Designation Description, of the Implementation the Commerce Center Mixed Use District. The subject property is located within the Commerce Center/Mixed Use District Subdistrict as shown on the Immokalee-TAMP Future Land Use Map. This subdistrict is designed to function as an employment center and encourages commercial and institutional uses. Uses permitted within this subdistrict include shopping centers, governmental institutions, transient lodging facilities, and other employment generating uses. Residential development is permitted within the mixed-use subdistrict at a maximum density of 12 dwelling units per gross acre. Residential dwelling units are limited to multi-family structures and less intensive units such as single-family provided they are compatible with the district. Non-commercial uses permitted within the Commerce Center/Mixed Use District include uses such as parks, open space, publicly-owned recreational uses, churches, public and private schools, day-care centers, and those essential services as defined in the Collier County Land Development Code. Evaluation of Residential Tracts Tract Land Use Acres Units Tract Net Density A Single Family Residential 5.9 24 4.07 B Multi-Family 9.0 79 8.78 Residential Since the density of the - . •- •. • . - - •- - • - •- Multi-Family Residential tract are both is less than the maximum density of 12 dwelling units per gross acre, and the conditional uses and are similar to non-commercial uses permitted within the Commerce Center/Mixed Use l3Subdistrict (or in some cases, permitted residential uses) the residential tracts are is consistent with the TAMP and all other applicable Elements of the Collier County Growth Management Plan. Evaluation of Commercial/Nonresidential Tracts Tracts Acres Intensity(Square Feet) A 8.9 50,000 Square feet of Institutional or professional office use. Of this number, 20,000 square feet may be professional office use. C 9.8 136,989 D 8.8 123,011 Total 4S:g 27.5 2-607000 310,000 Designed to provide employment generating uses the twe three commercial/nonresidential tracts would accommodate commercial uses similar to the permitted uses and conditional uses under the_C-4 (General commercial) zoning district of the Collier County Land Development Code, except for Tract A, which is limited to a maximum of 50,000 square feet of Institutional and Professional office uses. (Of the 50,000 square feet, a maximum of 20,000 may be used for Page 4 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] G.,. professional office.The Floor Area Ratio of 0.32 is a relatively moderate amount of commercial/nonresidential intensity. Furthermore, its central location within the Immokalee Urban Area provides a logical point for the concentration of general commercial land uses. The twe three commercial tracts are consistent with the Immokalee Area Master Plan Element of the Collier County Growth Management Plan. Evaluation of Historic Site The 4.1 acre Historic Site is similar to parks, open space, and publicly-owned recreational uses. Since non-commercial uses permitted within the Commerce Center/Mixed Use District include uses such as parks, open space, and publicly-owned recreational uses, the Historic Site is consistent with the-TAMP Element of the Collier County Growth Management Plan. Consistency with the Growth Management Plan includes more than a finding of land use consistency. However, these consistency relationships typically come about as a function of imposing development commitments and requiring mitigation to overcome or compensate for level of service requirements and other requirements of the Immokalee Master Plan Element and other elements of the Growth Management Plan. Based on Policy 5.2 of the Traffic Circulation Element, the trips generated by this project represents a significant percentage of the overall traffic on S.R. 29, N. 11th Street, Roberts Avenue, and Immokalee Drive. However, the site generated trips will not reduce the level of service on any roadway segment within the project's radius of development influence (RDI) at build-out. Furthermore, there are no capacity problems on any roadway segment that is impacted greater than five percent by the project's site generated trips. Therefore, this petition is consistent with all elements of the Growth Management Plan, albeit this consistency will or may be brought about by the inclusion of development standards, mitigation measures, or otherwise provided for in the approved development order. Unless otherwise provided for in the approved development order, development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval,final plat approval, or building permit issuance applicable to this development. Page 5 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] S SECTION I PROPERTY DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location a-nd-ownership-of the property, and to describe the existing conditions of the property proposed to be developed under the project name of R. Roberts Estate Planned Unit Development. 1.2 LEGAL DESCRIPTION A parcel of land lying in the South 1/2 of the Northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida and more particularly described as follows: Commencing at the Southeast corner of the Northwest 1/4 of said section, run South 89 Deg. 25' 45" West 659.79 feet along the south line of said Northwest 1/4; thence North 00 Deg. 46'47" West 50.00 feet to the Point of Beginning, said point being on the north right-of-way line of S.R. 29; thence South 89 Deg. 25' 45" West 348.97 feet along said right-of-way line to a point of curve; thence 2150.68 feet along the arc of a circular curve concave to the Northeasterly, radius 1587.28 feet; chord bearings North 51 Dog. 44' 33" West, chord 1989.90 feet to the intersection of the south right-of-way line of Roberts Avenue; thence North 89 Deg. 22' 20" East 1684.64 feet along said right-of-way line; thence South 00 Deg. 46' 47" East 634.67 feet; thence North 89 Deg. 24' 03" East 210.00 feet; thence south 00 Deg 46' 47" East 614.77 feet to the point of beginning. Containing 39.87 acres, more or less, subject to all easements, restrictions and reservations of record. Together with: Beginning at the Northeast corner of the Southeast quarter of the Northwest quarter of Section 4, Township 47 South, Range 26 East, Collier County, Florida. Thence west 660 feet to the Point of beginning; thence south 660 feet; thence west 210 feet; then north 660 feet, then east 210 feet to the point of beginning; containing 3 acres more or less, less and excepting portions lying within boundaries of Roberts Avenue, a public right of way along the northerly boundary of premises. • Mildred R. Sherrod, Blyc R. Treadway, Louise R. Floyd, and Richard H. Roberts, personal representative of the W.D. Roberts Estate; and, John R. Giddens, Mary Giddcns, Ellis Giddcns, Marilyn Sears, Carl R. Gallagher, John D. Gallagher, Jcssc E. Gallagher, Jr., Norma L. Chodat, and Joseph R. Coker, Personal Representative of the Lois R. Horton Estate. The address of the owners is P.O. Box 875, Immokalec, Florida, 33934. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in the South 1/2 of the Northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida (SR 29 and Roberts Avenue in Immokalee, Page 6 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] Florida). The current zoning is RSF-3 and C-4. 1.8 PHYSICAL DESCRIPTION The property consists of approximately 39.90 42.90 acres of land located in Immokalee, Florida The elevation of the property varies from approximately 34 feet NGVD in the Southwesterly portions to approximately 38 feet NGVD in the Northeasterly portion of the subject property. Water Management for the proposed project is planned to be a series of retention ponds as shown on the Master Utilities • and Water Management Plan, included as part of this MPUD Document. According to the USDA Soil Survey of Collier County Florida, issued March 1954, the project site lies entirely within the Blanton Fine Sand (Ba) Soil Classification. The relief of this soil classification is characterized as level to gently undulating; surface runoff is slow to medium; internal drainage is rapid; depth to bedrock is "many feet"; reaction is strongly acid; an, the principal vegetation before clearing was Slash Pine, Bluejack and Live Oaks, and Grasses. 1.6 PROJECT DESCRIPTION It is the intent of the petitioner to develop this land into .5 8.9 acres of single family residences institutional and professional office uses, 9.0 acres of multifamily residences, 18.6 acres of commercial uses, a 4.1 acre historic site, and, 2.3 acres of roadway along with the required water management, recreation and open space, and, related accessory uses and structures. 1.7 SHORT TITLE This ordinance shall be known and cited as the "R. Roberts Estate Planned Unit Development Ordinance". Page 7 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of R. Roberts Estate MPUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. .Unless otherwise noted, the definitions of all terms shall be the same as the definitions net forth in the Collier County Land Development Code in effect at the time of building permit application. c. All conditions imposed and all graphic material presented depicting restrictions for the development of the R. Roberts Estate MPUD shall become part of the regulations which govern the manner in which the MPUD site may be developed. D. Unless modified, waived, or excepted by this MPUD, the provisions of other land development codes, where applicable, remain in full force and effect with respect to the development of the land which comprises this MPUD. E. -Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90 24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES n. Tt e layout of streets and use of land for the various tracts, is illustrated graphically on the map titled "Master Plan"; copy of which is included as part of this petition submittal. z The location and sizing of utilities; and the Water. Management Plan is illustrated graphically on the map titled "Master Utilities and Water Management Plan"; a copy-e# which is included as part of this petition submittal. c. The egg zoning of the subject property and the immediately surrounding-area--along with an aerial photograph of the subject property and surrounding area are shown on the map titled "Aerial, Zoning Vicinity Map"; a copy of which is included as part of this Page 8 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] petition submittal. Trees"; a copy of which is included as part of this petition submittal. The following land use matrix summarizes the proposed use of the R. Roberts Estate MPUD: TYPE UNITS/SQ.FT ACREAGE TRACT "A" Single Family Institutional and/or Commercial 24 (4 DU/AC) 5,618.0 SQ.FT/ACRE X8.9 TRACT "B" Multi Family 79 (9 8.78 DU/AC) 9.0 ROADWAY TRACT 1.3 TRACT"C" CommercialCommercial 13,978.5 SQ.FT/ACRE 9.8 TRACT"D" CommercialCommercial 13,978.5 SQ.FT/ACRE 8.8 TRACT"E" Historic Site 4.1 r. Areas illustrated as lakes on the "Master Utilities and Water Management Plan" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, depressions for water detention purposes. Such contain the same general acreage a shown on the "Master Utilities and Water Management Plan". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Preliminary' Subdivision Plat or Site Development Plan approval, subject to the provisions of Division 2.7 of the Collier County Land Development Code, Division 3.5, or as otherwise permitted by this PUD Document. c. +n addit-iean to the various areas and specific items shown in the "Master Utilities and Water Management Plan", such usements as necessary various tracts as may be necessary. 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A. A maximum of 1�3 79 residential multi-family dwelling units, single family and multi family, exclusive of any caretakers residences which may be provided in conjunction with commercial development, may be constructed on the total project area. The gross (residential) project area is 14.9 9.0 acres. The gross project density, therefore, may be a maximum of 6-9 8.78 units per acre. 2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. • .. _ •- - _ . _ Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agencies to insure Page 9 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. B. The "Master Plan", a copy of which is included as part of this petition submittal, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire ar a covered by the PUD MasterPlan. Any division of property and the development of the land shall be in compliance with the Subdivision Regulations, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the' issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each Preliminary Subdivision Plat in conformance with requirements established by Division 3.2 of the Collier County Land Development Code, or any subsequent amendment relating thereto prior to the submittal of construction plans and plat for any portion of the tract or parcel. E. A-p-propriate instruments will be provided at the time of infrastructural - perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACXLITIES A. Model homes and sales facilities shall be subject to the provisions of Section 2.6.33, Temporary Use Permits, of the Collier County Land Development Code. 2.7. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER FLAl4 Amendments may be made to the PUD as provided in Section 2.7.2 of the Collier county 2.8 PROVISION FOR OFF SITE REMOVAL OF EARTHEN MATERIAL A. The excavation of arthen materiaa and it stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of arthen material then its off site disposal is also hereby permitted subject to the following conditions: F. - - •- . - • . . •be utilized within the project. However, excess fill material, up to 10% of the total or a maximum of 20,000 cubic yards may be removed a-d utilized of - -. - _ •- requirements of ordinance No. 91 102, Division 3.5, including but not limited to traffic impact fees, etc. Removal of material in excess of lot of total or maximum of 20,000 cubic yards must meet the requirements of a commercial excavation per Ordinance No. 91 102, Division 3.5. -. e .. .e• • - , Page 10 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] SECTION-III LOW DENSITY RESIDENTIAL AREAS PLAN INSTITUTIONAL AND PROFESSIONAL OFFICE AREA PLAN -Tract A 3.1. PURPOSE It is the purpose of this Section to identify specific development standards for areas designated as Low Density (Single Family Residential) Institutional and Professional Office on Tract' "A" of the "Master Plan". 3.2. MAXIMUM INTENSITY DWELLING UNITS For the purpose of this section, low density residential is defined as four (4) or less dwelling units per acre on the tract allocated to this purpose. The maximum square footage for permitted principle uses and structures within Tract A shall not exceed 50,000 square feet of gross floor area, of which up to 20,000 square feet may be professional office use. •. . . • • . . • _ . _ -: • • •- PUD shall be as follows: Tract "A" 24 dwelling units on 5.9 acres of land. 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Institutional uses and facilities limited to: child day-care services including preschool and after school programs and facilities (SIC 8351); private schools (SIC 8211); civic,• social and fraternal organizations (SIC 8641). _ - - . - - - •_ . 2. Professional Office (Sic 6021-6099, 8011, 8021, 8111, 8711-8748). Public parks, public playgrounds, public play field . - - •• - • - - - - - - 3. Any other Institutional or Professional Office use which is comparable in nature with the foregoing permitted uses, and consistent with the purpose and intent of this MPUD, as determined by the Board of Zoning Appeals, pursuant to Section 10.08.00 of the LDC. B. Permitted Accessory Uses and Structures: 1. Recreational uses and facilities such as swimming pools, tennis courts,gymnasium, ball fields, and children's playground areas, etc. Customary accessory uses and structures, including private garages. 2. Commercial Kitchen and food services facilities, accessory to any institutional permitted use listed in Section 3.3.A.1., above. 3. Any other accessory use which is accessory and incidental to the uses permitted by right in Section 3.3 A. of this MPUD. Recreational uses and facilities such as swimming pools, tennis courts children's playground areas, etc. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. C. Permitted Conditional Uses and Structures 1. Recreational facilities not accessory to principal use. 2, Churches Page 11 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] 3. Public, private, parochial schools. §: 2. Group Care Facility(Category I) (subject to LDC Section 2.6.26 5.05.04). 6. Cluster housing(subject to Section 2.6.27). 7. Hospitals. 3.4 DEVELOPMENT STANDARDS A. GENERAL: All yards; and set-backs, etc. shall be in relation to the individual lot Tract boundaries. Except as set forth below in the event that the Tract is subdivided. Furthermore, except as otherwise provided for within this section, all lots shall conform to the RSF 1 zoning district. B. In Case of Subdivision: In the event that Tract A is subdivided the following development standards shall apply: c, I. MINIMUM LOT AREA: 7,500 Square feet One Acre i II. MINIMUM LOT WIDTH: (1) Corner Lots- 120 feet (2) Interior Lots-80-100 feet III. MINIMUM YARDS: (1) Front Yard —25 feet, plus one (1) foot for each one (1) foot of building height over 50 feet. (2) Side Yard—15 feet, or 1/2 the height of the building, whichever is greater (3) Rear Yard —25 feet (4) Setbacks for accessory structures shall be the same as for principal structure in the case of Front and Side Yards and shall be a minimum of 10 feet for rear yards. IV. MINIMUM FLOOR AREA: 1,000 square feet One (1) story 1,000 square feet; two (2) story 1,200 square feet. p— C. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Land Development Code. o— D. MAXIMUM HEIGHT: (1) Principal Structure 30 feet (2) Accessory Structure 20 feet All uses shall be limited to a maximum zoned height of 35 feet and a maximum actual height of 42 feet, except for the gymnasium, which shall not exceed a maximum zoned height of 50 feet and a maximum actual height of 57 feet. Accessory Structure heights shall be limited to a maximum zoned height of 35 feet and a maximum actual height of 42 feet. Page 12 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] 44— E. SEPERATION BETWEEN STRUCTURES: (1) Principal Structures: 50%of the sum of the building heights; (2) Accessory Structures: A minimum of 10 feet between an accessory structure and any other structure. Page 13 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] SECTION IV MEDIUM DENSITY RESIDENTIAL AREAS PLAN—TRACT B 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the areas designated as Medium Density (Multi-Family Residential) in Tract "B" of the "Master Plan". 4.2 MAXIMUM DWELLING UNITS Generally intended for projects where the net density is less than nine (9) dwelling units per acre the maximum number of dwelling units allowed within the PUD shall be as follows: Tract "B": 79 dwelling units on 9.0 acres of land. 4.3 PERMITTED USES 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. Permitted Principal Uses and Structures: 1. Multi-family dwelling units 2. Two family dwelling units. 3. Single family attached and detached dwellings. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures, including private garages. 2. Recreational uses and facilities such as swimming pools, tennis courts, children's playground areas, etc. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. C. Permitted Conditional Uses and Structures: 1. Cluster housing (subject to Section 2.6.27 of the Collier County Land Development Code provisions). 2. Public, private, parochial schools. 3. Civic and cultural facilities. 4. Owner-occupied child care centers (subject to Land Development Code Provisions). 5. Recreational facilities not accessory to principal use. 6. Group Care Facility (Category ILsubject to Land Development Code provisions). 7. Multi-family Dwellings up to 4, 5, and 6 stories. Page 14 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] C 8. Churches 9. Child Care Centers 10. Hospitals. 4.4 DEVELOPMENT STANDARDS A. GENERAL: All criteria listed below shall be understood to be in relation to respective tract boundary lines or between buildings. B MINIMUM LOT AREA: One (1) acre. C. MINIMUM LOT WIDTH: 150 feet. D. MINIMUM YARDS: (1) Front Yard—25 feet plus one foot for each two feet of building height over thirty (30) feet. (2) Side Yard —7 %z feet plus one foot for each two feet of building height over thirty (30) feet. (3) Rear Yard—25 feet plus one foot for each two feet of building height over thirty (30) feet. E. DISTANCE BETWEEN BUILDINGS: Fifteen (15) feet plus one foot for each two feet of building height over thirty (30)feet. F. MINIMUM FLOOR AREA: 750 square feet. G. MAXIMUM HEIGHT: (1) Principal Structure: 30 feet. (2) Accessory Structure: 20 feet. (3) As otherwise approved by the County for conditional use multi-family structures over three (3) stories as permitted by Section 4.3.C.7 preceding. H. OFF-SHEET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Land Development Code. 4.5 RESIDENTIAL SETBACKS AND SUMMARY TABLE FOR RESIDENTIAL AREAS General Application For Setbacks Generally whenever the word setback is used relative to a measurement between the buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings Page 15 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] are to be constructed it shall have the following application. A. FRONT YARD Front yard setbacks shall be measured as follows: 1) If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. 2) If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. 3) If the parcel is served by a platted private drive, setback is measured from the road easement or property line. 4) Generally, principal buildings shall be setback a distance sufficient to provide for two back to back parking spaces, one of which may be in an enclosed space. 5) When principal buildings front upon a common parking area, which in turn fronts upon a public or private right-of-way or non-platted drive a minimum distance of ten (10) feet shall separate the principal building and any related parking facility, and a green belt of ten (10) feet shall separate said right-of- way, or other non-platted private drive from the common parking area. This shall not prohibit the attached relationship of enclosed parking structures to the principal residential structure. B. Interior Yards (Not Adjacent any Right-of-Way or Other Private Drive or Adjacent Open space Area) The separation of principal structures from an interior lot/parcel/tract boundary shall not be less than 7.5 feet for side yard setbacks and not less than 25 feet for rear yard setbacks. C. Accessory Buildings and Use Area Relationships The development standards for accessory buildings shall be as set forth in this PVD Document. However, whenever provisions have not been provided in this document, the regulations of the Collier County Land Development Code shall govern. D. Definitions and interpretation of Word/Phrases 1) Site Depth Average: Determined by dividing the site area by the site width. 2) Site Width: As defined by Article 2 of the Collier County Land Development Code. May be reduced on cul-de-sacs lots. 3) SBH (Sum of Building Heights: Combined height of two adjacent buildings for the purpose of determining setback requirements. Setbacks are measured from lot lines, tract boundaries or public or private streets. Open space area means development adjacent to lakes, preserves, conservation area, park, or golf course. 4) Single Family Attached/Townhouse/Row House: A group of three (3) or Page 16 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] 0 more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access and no unit is located above another, and separated from any other(s) a fire and sound resistant space, and wherein each separate lot under separate each unit is completely by a rated fire wall or enclosed separation or dwelling unit is on a ownership. 5) Villas: Is a multiple family structure which includes a structure containing three or more dwelling units both vertically and horizontally attached typically with dwelling units over dwelling units having irregular shaped exterior walls and generally not exceeding a height of two habitable floors. 6) Multiple Family: Means a housing structure containing three or more dwelling units other than that which fulfills the definition of single family attached, townhouse, row house, and villas. Generally includes a structure of two or more stories with dwelling units above dwelling units each of which may be accessed direct from the outside or from a common interior location. 7) Duplex: A single, freestanding, Conventional building intended, designed, used and occupied as two (2) dwelling units attached by a common wall or roof, but wherein each unit is located on a separate lot under separate ownership. 8) Cluster Housing: A design technique allowed within residential districts by conditional use. This form of development employs a more compact arrangement of dwelling units by allowing for reductions in the standard lot requirements of the applicable zoning district, with the difference between the reduced lot size and the standard lot requirement being placed in common open space. (subject to Section 2.6.27 of the Collier County Land Development Code.) Page 17 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] (At RESIDENTIAL DEVELOPMENT STANDARDS ** MULTIPLE FAMILY STRUCTURES *—SINGLE SINGLE TOWNHOUSE/ PERMITTED USES FAMILY 2FAMILY FAMILY MULTI-FAMILY/ STANDARDS DETACHED DUPLEX ATTACHED/ ROW HOUSE Minimum Land Area Per Structure 7,500 1 Acre 1 Acre 1 Acre Or Per Dwelling Unit Sq. Ft. SITE WIDTH 80 Ft. Int. MIN. AVG. 95 Ft. Cor 150 Ft. 150 Ft. 150 Ft. FRONT YARD SETBACK (i) Regular 25 Ft. 25 Ft. 25 Ft. 25 Ft. SIDE YARD SETBACK (i) Regular 7.5 Ft. 7.5 Ft. 7.5 Ft. 7.5 Ft. REAR YARD SETBACK (i) Regular 25 Ft. 25 Ft. 25 Ft. 25 Ft. MAX. BUILDING HEIGHT (i) Above MFL 100 yr. Or Grade Parking 30 Ft. 30 Ft. 30 Ft. 30 Ft. (ii) Accessory Structure 20 Ft. 20 Ft. 20 Ft. 20 Ft. DIST. BETWEEN PRINCIPAL STRUCTURES 15 Ft. 15 Ft. 15 Ft. 15 Ft. FLOOR AREA 1,000 SF 750 SF 750 SF MINIMUM/DWELLING UNIT 1 Story 750 Sq. Ft. 1,200 SF 2 Story *Refer to Section III, Low Density Residential Areas Plan. **Refer to Section IV, Medium Density Residential Areas Plan. Page 18 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] SECTION V COMMERCIAL AREAS PLAN -Tracts C& D 5.1 PURPOSE The purpose of this Section is to identify the types of Commercial Uses and development standards that will be applied to the areas so designated as Tracts "C" and "D" on the "Master Plan". 5.2 DEVELOPMENT EMPHASIS Except as otherwise provided for within this section, all lots shall conform to the General Commercial District (C-4) of the Collier County Land Development code. The intensity of land use, types of use activities and acreage assigned to this development is intended on the following tracts: TRACT (INTENSITY) SQUARE FEET ACRES "C" 136,989 9.8 "D" 123,011 8.8 Total 260,000 18.6 5.3 USES PERMITTED A. No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. Antigua shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs (sea Section 2.6.28); awning shops. 2 . Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; billiard halls, blueprint shops; book binders; book stores; business machine services. 3. Carpet and floor covering sales - which may include storage and installation; churches and other places of worship (see Section 2.6.10); clothing stores; cocktail lounges (sea Section 2.6.10); commercial recreation uses - indoor; commercial schools; confectionery and candy stores. 4. Delicatessen; department stores; drug stores; dry cleaning shops; dry goods stores and drapery shops. 5. Electrical supply stores; equipment rentals including lawn mowers and power saws,which may include their repair and sale. 6. Fish market - retail only; florist shops; fraternal and social clubs (see Section 2.6.10); funeral homes; furniture stores; furrier shops. Page 19 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] 7. Garden supply stores - outside display in side and rear yards; gift shops; glass and mirror sales - including storage and installation; gourmet shops. 8. Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices. 9. Ice cream stores. io. Jewelry stores. ii. Laundries- self-service only; leather goods; legitimate theatres; liquor stores; locksmiths. 12. Markets-food; markets- meat, medical office and clinics; millinery shops; motion picture theatres; museums; music stores; minor automobile repair work. 13. New car dealerships-outside display permitted; news stores; night clubs (see Section 2.6.10). 14. Office -general; office supply stores. 15. Paint and wallpaper stores; pet shops; pet supply stores; pottery stores; printing; publishing and mimeograph service shops; private clubs (see Section 2.6.10); professional offices. Radio and television sales and service; radio and television stations (offices and studios), and auxiliary transmitters and receiving equipment, but not principal transmitting tower; research and design labs; rest homes; restaurants - including drive-in or fast food restaurants (see Section 2.6.10). 16. Shoe repair; shoe stores; shopping centers (see Division 3.3); souvenir stores; stationery stores; supermarkets and sanatoriums; 17. Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish stores. 18. Upholstery shops. 19. Variety stores; vehicle rental -automobiles only; veterinarian' offices and clinics- no outside kenneling. 20. Watch and precision instrument repair shops. 21. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Planning Services Manager determines to be compatible in the district. B. All of the above permitted principal uses of land and buildings may be permitted providing the following conditions are found to be present: 1. All retail or service establishments shall deal directly with consumers as opposed to wholesale distribution of products or services to non-household establishments. For those retail or service establishments producing goods on the premises, they shall be sold at retail. 2. All business, servicing, or processing, except for off- street parking and loading, shall be conducted within a completely enclosed building, except for motorized vehicle equipment sales. Page 20 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] C. Permitted accessory uses and structures in Tracts "C" and "D". 1. Accessory uses and structures customarily associated with the uses permitted in this section. 2. Caretaker's residence subject to Section 2.6.16. D. Permitted conditional uses and structures in Tracts "C" and "D". 1. Carwash. 2. Child care center. 3. Commercial recreation—outdoor. 4. Detached residence in conjunction with a business—one per business. 5. Drive-in theatres. 6. Permitted use with less than 1,000 square feet gross floor area in principal stricture. 7. Used car lots and outdoor boat sales. 8. Vehicle Rentals—all vehicles except automobiles. 9. Hotels and motels. 10. Retail sales of propane gas. 5.4 DEVELOPMENT STANDARDS APPLICABLE TO TRACTS "C" AND "D" A. Minimum Lot Area: Ten Thousand (10,000) square feet. B. Minimum Lot Width: One Hundred (100) feet. C. Minimum Yard Requirements: 1. Front yard—twenty five (25) feet plus one (1) foot for each one (1) foot of building height over fifty(50)feet. 2. Side yard —fifteen (15)feet, or 1/2 the height of the building, whichever is greater. 3. Rear yard - zero (0) feet or five (5) feet._ D. Maximum Height: Fifty(50) feet. E. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. F.Maximum Density: Sixteen (16) units per acre for transient lodging facilities, hotels, and motels with a maximum floor area of 500 square feet per unit. G. Distance Between Principal Structures: Zero (0) feet or fifteen (15) feet with unobstructed passage from front to rear yard. H. Off-Street Parking and goading Requirements: 1. As required by Division 2.3 of the Land Development Code. Page 21 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] SECTION VI HISTORIC SITE DEVELOPMENT 6.1 PURPOSE A. It is the purpose of this section to identify specific development standards for Tract "E" of the "Master Plan". 6.2 USES PERMITTED No building or structure, or part thereof shall be erected, altered or used, or land used, in whole or in part,for other than the following: A. Permitted Principal Uses and Structures: The Historic Site (land and buildings) shall be maintained as an Historic Facility depicting the early days of Immokalee as they existed during the early occupancy of the property by the Roberts Family and may include the following uses and structures: 1. Museum, storage and display of historical records, photographs, and artifacts of significant value to Immokalee and Collier County. 2. Library and community meeting room. 3. Any structure depicting the residency of the Roberts Family on-site as well as any other structure or display which commemorates and/or preserves the occurrence of an historical event of significant value to the growth and development of Immokalee and Collier County. 6.3 DEVELOPMENT STANDARDS A. General: All criteria listed below shall be understood to be in relation to respective tract boundary lines or between buildings. B. Minimum Lot Area: Four(4) acres. C. Minimum Lot Width: As shown on the "Master Plan". D. Minimum Yard Requirements: 1. Front Yard - 25 feet. 2 . Side Yard -7 1/2 feet. 3 . Rear Yard - Not applicable. E. Minimum Floor Area 1. None. F. Maximum Height: 1. Maximum height of any structure: 45 feet. Page 22 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] G. Off-Street Parking and Loading Requirements: 1. As required by Division 2.3 of the Land Development Code. 6.4 ADMINISTERING AGENCY A. The 4.1 acre Historic Site (land and buildings) shall be dedicated to the Collier County Board of County Commissioners. Page 23 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] 0 SECTION VII DEVELOPMENT COMMITMENTS 7.1 PURPOSE A. The purpose of this Section is to set forth the general development requirements and conditions for development of the project. 7.2. GENERAL A. All facilities shall be constructed in strict accordance with Final site Development Plans, Final subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD in effect at the time building permits are requested. Except where specifically noted or stated otherwise, the standards and specifications of the official County Zoning and Subdivision Regulations County's Land Development Code, as amended, and other applicable regulations shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 7.3. PUD MASTER PLAN A. The PUD Master Plan, identified as "Master Plan", illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.2 of the Land Development Code, amendments to the PUD may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 7.4. RESERVED SCHEDULE OF DEVELOPMENT/MONITORING REPORT • working until all of the site improvements along with the required buildings arc the year 2001, assuming that County approval is in 1992. B. Moto ng-Re-pert: An annual monitoring report shall be submitted pursuant to 7.5 MAINTENANCE OF COMMON AREAS A. The maintenance of all private streets, recreation areas, common open spaces and any other common areas shall be the responsibility of the developer, his successor or assignee. • 7.6 TRANSPORTATION Page 24 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] �t J A. The developer shall provide fair share contributions with the minimum share being 30%toward any traffic signals deemed warranted by the County at any of the project's accesses and at the intersections of SR 29 and Roberts Avenue, SR 29 and 11th Street extension, and Roberts Avenue and 11th Street. The fair share value will be based on all design, permitting and construction costs. B. The following minimum requirements concerning roadway access shall be provided to and from the project as well as within and between tracts: 1. Right turns in, via right turn lanes, and left turns in, via left turn lanes allowed by the Florida Department of Transportation (FOOT) under the 2-3 laning condition shall be provided for all access points on S.R. 29 to tracts B, C, and D of the project. At such time as the four laning of S.R. 29 occurs, either the FOOT or Collier County shall have the right of median control which includes prohibition of certain turning movements in consideration of roadway capacity. The FDOT and Collier County reserve the right of access control consistent with existing and future FDOT and Collier County policies effective at the time of the issuance of building permits. 2. Access between Tract D and Roberts Avenue shall be as follows: A. An eastbound right turn lane shall be provided at the western most intersection of Tract D and Roberts Avenue. The requirements for a westbound left turn shall be subject to the applicable State and/or County requirements in place at the time of Preliminary Subdivision Plat Approval. B. A westbound left turn lane shall be provided at the eastern most intersection of Tract D and Roberts Avenue.An eastbound right turn lane may be required in consideration of volume and regulatory controls in-place at the time of Preliminary Subdivision Plat approval. 4, 3. Access between the North 11th Street extension and Tracts A, B, and C shall be controlled as follows: A. A northbound right turn lane shall be provided at the access to Tract B immediately north of S.R. 29. B. A northbound left turn lane shall be provided at the access to Tract C immediately north of S.R. 29. C. Additional turn lanes and/or directional controls may be required by Collier County upon site specific analysis of traffic data. Additionally,the access points for Tract C and Tract B shall be located a minimum of 150 feet north of S.R. 29 right-of-way line.Also, minimum throat lengths of between 100 Tracts B, C, and D as set forth by AASHTO Standards and County Policy. Page 25 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] 0 D. The developer shall provide a fair share contribution for sidewalk/bike paths along all project frontages (unless provided by Collier County or the FDOT); the minimum fair share contribution shall be 75% except along Roberts Avenue where the minimum shall be 50%. E. Road Impact fees shall be as set forth in Ordinance 85-55, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. F. Access Improvements and right-of-way donations shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. G. All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. 7.7 WATER MANAGEMENT A. Prior to construction plans approval a Florida Department of Transportation right-of- way permit allowing stormwater discharge in the SR 29 right-of-way shall be provided. B. Bottom of dry retention areas shall be at least one toot (1') above the seasonal high water table. c. At the time of construction plans review, petitioner shall provide an analysis of the capacity of the off-site swales within the rights-of-way and if improvements are warranted, petitioner shall make such improvements accordingly. 7.8 UTILITIES A. Connection to the existing Immokalee Water and Sewer District water and sewer facilities within Roberts Avenue and West Main Street rights-of-way is required and must be completely illustrated on the final sits plans. Supporting engineering construction drawings shall be provided showing location, configuration and size. B. Prior to final site plan approval, a letter from the Immokalee Water and Sewer District stating that the District has reviewed and approved the water and sewer facilities construction documents for service to the project shall be submitted. c. At the time of building permit submission, the applicant shall provide a letter verifying compliance with County. Ordinance No. 80 112 regarding the availability and adequacy of sewer service for the project. The project shall be designed for central water and sewer systems. No individual septic tanks or potable water supply wells shall be permitted. 7.9 ENGINEERING A. The Developer, successors, and assigns are required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site. This includes, but is not limited to, Preliminary Subdivision Plats, Site Development Plans and any other application that will result in the issuance of a final development order or final local development order. B. Prior to building permit issuance, a Florida Department of Transportation right-of-way permit shall be submitted c. All requirements of the Collier County Land Development Code and other applicable regulations, must be met since no exceptions were requested. D. The project shall be platted in accordance with the Collier County Subdivision Code to Page 26 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] define the tracts and right-of-way as shown on the master plan. E. Construction plans for that portion of North 11th Street between Roberts Avenue and SR 29 shall be submitted at the time of Phase I submission to the Collier County Transportation Department for review and approval. 7.10 ENVIRONMENTAL A. Petitioner shall be subject to the environmental ordinances, and the Land Development Code, in effect at the time of final site development plan or construction plans approval. B. At the time of the next development order or any request for site alteration for Tract A, a Tree Count will be provided and trees will be retained or replanted in accordance with LDC Section 3.05.07.A.2. Native Trees. In addition, the landscape plan(s) submitted in conjunction with the first SDP shall include specific details on type, size, location and number of threes to be planted to compensate for the native trees that will not be retained. The replanted trees shall meet the type, size and locational requirements set forth in LDC Section 3.05.07.A.2 Native Trees. 7.11 ACCESSORY STRUCTURES A. Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model units. 7.12 SIGNS A. All signs shall be in accordance with Division 2.5 of the Collier County Land Development Code. 7.13 LANDSCAPING FOR OFF-STREET PARKING AREAS A. All landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code. 7.14 POLLING Places A. Polling places shall be provided in accordance with Section 2.6.3 Land Development Code if a request for such is made by the Collier County Supervisor of Elections. 7.15 SPECIAL CONDITIONS A. Upon approval of this petition by the Board of County Commissioners, the petitioner agrees to convey title of Tract "E" (4.1 acre historic site (land and buildings)) to Collier County, Florida, at no cost to the County, immediately following the approval of this petition by the Board of County Commissioners. This action shall be part of the plat dedication. B. Upon approval of this petition by the Board of County Commissioners, the petitioner agrees to convey title of the right-of-way for the extension of N. 11th Street southward from its present terminus at Roberts Avenue through the project as shown on the "Master Plan", a copy of which is included as a part of this petition submittal, at no cost to the County, immediately following the approval of this petition by the Board of County Commissioners. This action shall be part of the plat dedication. Page 27 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] :c C. Within one year of the data of the County's acceptance of the conveyance of the title for the right-of-way for the extension of N. 11th Street southward from its present terminus at Roberts Avenue through the project as shown on the "Master Plan", a copy of which is included as a part of this petition submittal, Collier County, Florida agrees to include the design, permitting, and construction of said extension of N. 11th Street in its next capital budget cycle (within the five (5) year Capital Improvement Element (CIE). Such inclusion in the CIE of the budget shall obligate the County to pay for and construct said extension of N. 11th Street southward from its present terminus at Roberts Avenue through the project as shown on the "Master Plan", a copy of which is included as a part of this petition submittal. All utility lines to be placed in the road right-of-way and appurtenances to benefit the development shall be at the expense of others.The petitioner agrees to pay one-half(1/2) of the cost of any signalization required to maintain the safe movement of traffic on and off of the N. 11th Street extension within the project boundaries. In the event the petitioner desires to design, permit, and/or construct the said improvements in the advance of the County schedule as laid out in the CIE,the county agrees to reimburse the petitioner in accordance with the County's scheduled plan. D. The petitioner agrees to donate to the County, at no cost to the County, any of the existing Roberts Homestead structures located outside of Tract "E", which the county wishes to move to Tract"E" and preserve as a part of the historic site; and,further agrees to provide access on the Roberts property to the County for the purpose of moving said structures to Tract "E". The petitioner further agrees to assist in the moving of said structures (including providing labor and equipment), however,the County shall be solely and totally responsible for all costs resulting from any necessary sit improvements or the restoration of said structures. E. The petitioner shall provide a Certificate of Adequate Public Facilities at the time of application for any Final Development Order. D. The petitioner shall provide sidewalks along the project's frontages in accordance with the standards listed in the Collier County Subdivision Code. 7.16 OPEN SPACE A. Open space shall be provided in accordance with Section 2.6.32 of the Collier County Land Development Code. Page 28 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] 0 - 0 M H W W 0 z III CI N N ' O n tVICI v IviCJ X X z !li 1 1 M < _ L 0 'ill 1 1 I wo 1 I l • �i i i 0 y� go z 1 ii-11! YY ti ■ � '�' I � N 1 el L__1 I _ U _ - - t`" I ' Iu L ,Lj iii, , r-1 ry I I I '-, ;- I---1 -i i :71 / 1 f.F-- i—I I // / / A P 1 , 1 *- - ill / / 11 v / / I Li / /'/ 0� ' // /'// // �, / � / v N i I , - F.. - F Q I _� t t i -� - g - y F a P Q S r n ry QI +1 1-4 44 +I 41 * w I CI < m � W 3 c A i fix., 1 .p_i gel D Tg ' FI TT FLORIDA DEPARTMENT 0 STATE RICK SCOTT KEN DETZNER Governor Secretary of State February 5, 2014 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 14-01, which was filed in this office on February 5, 2014. Sincerely, Liz Cloud Program Administrator LC/elr Enclosure R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us