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Backup Documents 01/28/2014 Item #17A 1 -28-2014 PUDA—PL20130000052 COLLIER COUNT R.ROBERTS ESTATE MUPUD REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 17A To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Adv.,Location,etc.) Originating Dept/Div: GMD/Planmrig_&Zoning Person:Nancy Gundlach Principal Planner Date:December 19,2013 Petition No.(If none.give a brief description): .()D l-Pt ab 13c Y T`,��V 1"f 3- Petitioner: (Name&Address): Mr.Robert J. Mulhere, FAICP,Director of Planning JJJ���"'���"`�" Hole Mantes,Inc. 950 Encore Way Naples,FL 34110 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:01/28/2014 (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No.4500146769 Proposed text:(include legal description&common locations&size: Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: Date: Division/Administrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA:Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note:if legal documents is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. B. FOR CLERK'S OFFICE '�,r,II 2 ��^^ (�/ t Date Received t �l t I I CJIJI e:te of Public Hearing �' i UV I -i Date Advertised ♦ \,G I DU_ - 17A Ann P. Jennejohn From: Gundlach, Nancy Sent: Thursday, December 19, 2013 3:30 PM To: Minutes and Records Cc: Levy, Michael;Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Neet, Virginia; Patricia L. Morgan; Rodriguez, Wanda; Wells, Laura Subject: Request for NDN Advertising for the R. Roberts Estate PUDA at the Jan. 28 BCC Attachments: Request for BCC Advertsg 12-19-13.pdf; PUD Ordinance 11-20-13.pdf Importance: High Good afternoon, Please advertise the petition attachments for the Jan. 28, 2014 BCC hearing. Sincerely, Nancy Nancy Gundlach, AICP, PLA# 1244 Principal Planner, Planning&Zoning Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 nancygundlach @colliergov.net >.<„ ,�,a« t 1 ) ... .,3f,. ,I.0,�...�5.,:�5 t..:,.< r., i `i 1:::., '"� :',3t ., .,.,tf, ..�, .. <.. ,.., ...,.t. .3 c.� �..�.(�fTC�f.Z �..y£ .? .4.�.4M }f. � ��� 1 17 A NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, January 28. 2014 in the Board of County Commissioners meeting room, third Moor. Collier Government Center, 3299 East Tamiami Tnai|, Naples FL. the Board of County Commissioners(BCC) will consider the enactment of a County Ordinance. The meeting will commence at 8:80 A.M. The title of the proposed Ordinance is as follows: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 92-7, the 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 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± aoras, and 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'PL20130000053) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chaionan, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and 1herefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based If you are a person with a disability who needs any accommodation in order to participate in this prooeeding, you are entitled. at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101. Nap|ea. FL 34112-6356. (239) 262-8380. at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. H|LLER, ESO., CHAIRWOMAN DWIGHT E. BRDCK, CLERK By: /s/PotriciaK8organ Deputy Clerk(SEAL) 17A ORDINANCE NO. 14- 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-PL20130000052] 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. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. R.Roberts Estate PUDA\PUDA-PL20130000052 1 of 2 Rev. 11/7/13 17 A r 4! PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk GEORGIA A. HILLER,ESQUIRE Chairwoman Approved as to form and legal sufficiency Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—R. Roberts Estate PUD Document CP\13-CPS-01218\28 R.Roberts Estate PUDA\PUDA-PL20130000052 2 of 2 Rev. 11/7/13 17 A 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 29 Words steles are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A 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 P,46-E TABLE OF CONTENTS 4 STATEMENT GF COMP IANCE 1 SECTION I PROPERTY OWNERSHIP&DESCRIPTION 4 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 6 SECTION III LOW DENSITY RESIDENTIAL AREAS PLAN U SECTION IV MEDIUM DENSITY RESIDENTIAL AREAS PLAN 1-3 SECTION V COMMERCIAL AREAS PLAN 1-9 SECTION VI HISTORIC SITE DEVELOPMENT PLAN -24 26 SECTION VII DEVELOPMENT COMMITMENTS PUD MASTER PLAN ATTACHMENT Page 2 of 29 Words strueelc—through are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A 7 STATEMENT OP COMPLIANCE The subject property consists of 3-9.90 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 fang"•• meidcnees, 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 (TAMP) Element of the Collier County Growth Management Plan, as well as all applicable provisions of the Collier County Growth Management Plan. : - - - _ -- _ - - _ . -• • -• • • S Page 3 of 29 Words struelk-thr-eugli are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A t. : :•. : • • .. • . •: . t., The subject property is located within the Commerce Center/Mixed Use District-Subdistrict as shown on the inmekalee•-IAMP 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-bath 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 Subdistrict (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 1-876 27.5 2.60,000 310,000 Designed to provide employment generating uses the we 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 professional office.The Floor Area Ratio of 0.32 is a relatively moderate amount of Page 4 of 29 Words struck through are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A 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 29 Words str-ue-k-threes are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17 . SECTION I PROPERTY DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and-ewncr hip 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 auarter 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. - - - - 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, Florida). Page 6 of 29 Words struelf-thr-eugh are deleted. Words underlined are added. [Draft Date: 10-17-2013] 1 .�� . The current zoning is RSF-3 and C-4. 1.8 PHYSICAL DESCRIPTION The property consists of approximately 397140 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 S 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 29 Words struck t rough are deleted. Words underlined are added. [Draft Date: 10-17-2013] 7 A , to- Ili 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. - -- • Ordinance No. 90 24 at the earliest or next to occur of either final SDP develepment, 2.3.DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES • -- II - • 11. _ - _ sub-mit-tab • Page 8 of 29 Words struck through are deleted. Words underlined are added. [Draft Date: 10-17-2013] 1 7A .. .. . . .. . .. . . . .. . . . . . 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 S8.9 TRACT"B" Multi Family 79(9 DU/AC) 9.0 TRACT"C" CommcrcialCommercial 13,978.5 SQ.FT/ACRE 9.8 TRACT"D" GemffieFeialCommercial 13,978.5 SQ.FT/ACRE 8.8 TRACT"E" Historic Site 4.1 subject to the provisions of Division 2.7 of the Collier County Land Document: 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A. A maximum of 493 79 residential multi-family dwelling units, single-fa ily and mul .ily, 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 3479 9.0 acres. The gross project density,therefore,may be a maximum of 679 9_0 units per acre. 2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Page 9 of 29 Words struck rough are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A• - • - • • • _ -- C. The provisions of Division 3.3 of the Collier County Land Development -- - - • - • . . - • • . - •• _ - . --1 .. - • . ■' - -- 2.6 MODEL HOMES AND SALES FACXLITIES Temporary Usc Permits,of the Collier County Land Development Codc. .., . • . ■. • • • •• . • • •• • a .. a • . • . • . • • Page 10 of 29 Words struck through are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A SECTION-III e • e • " • e • • • •-• • 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 e-- • - • •- - '-I) Institutional and Professional Office ion Tract'"A"of the"Master Plan". 3.2. MAXIMUM INTENSITY DALE 1 ING UNITS 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. - •• -- - - --- • - - • -• - -• • -•- •- P 1D 54.a11 b., s follows• 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 as permitted in the C-1 through C-4 zoning districts of the Collier County LDC. • - .. , =-- - . - , - . - . , . . - •••: --. epen-spac-e. 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—ete.Customary accessory uses and structures,including private garages. 2. Any other accessory use which is accessory and incidental to the use permitted by right in Section 3.3 A. of this MPUD. - -- - • - - - • • • -- - - --' Such shall be 2- 1.Churches•• , . ' . • - • -- 5: 2.Group Care Facility(Category I)(subject to LDC Section 2,646 5.05.04). I 6. Cluster housing(subject to Section 2.6.27). Page 11 of 29 Words steles are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A 114' 7. Hospitals. 3.4 DEVELOPMENT STANDARDS A. GENERAL: All yards; and set-backs, etc. shall be in relation to the individual-let Tract boundaries. Except as set forth below in the event that the Tract is subdivided. B. In Case of Subdivision: In the event that Tract A is subdivided the following development standards shall apply: & I. MINIMUM LOT AREA:7,500 Square feet One Acre II. MINIMUM LOT WIDTH: (1) Corner Lots-35-120 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%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 e-- - lee . .. - -- • .. • .. - -- C.OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 o f the Land Development Code. le- D. MAXIMUM HEIGHT: (1) Principal Structure 30 feet i (2) Accessory Structure 20 fcct 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. ai- E. SEPERATION BETWEEN STRUCTURES: (1) Principal Structures:50%of the sum of the building heights; 4 (2) Accessory Structures: A minimum of 10 feet between an accessory structure Page 12 of 29 Words stfuek-threugh are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A and any other structure. • • • SECTION IV Page 13 of 29 • Words ,.+fuel, throug1, are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A MEDIUM DENSITY RESIDENTIAL AREAS PLAN 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 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). 2. Public, private, parochial schools. 3. Civic and cultural facilities. 4. Owner-occupied child care centers(subject to Section 2.6.22). 5. Recreational facilities not accessory to principal use.6.Group Care Facility (Category I)(subject to Section 2.6.26).7. Multi-family dwellings up to 4,5, and 6 stories.8.Churches.9.Child Care Centers. 6. Group Care Facility(Category I) (Subject to Section 2.6.26) 7. Multi-family Dwellings up to 4,5,and 6 stories. 8. Churches 9. Child Care Centers 10. Hospitals. Page 14 of 29 Words struck eugh are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A 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 Y2 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 29 Words stfeelc-threugh are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A 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 Adiacent any Right-of-Way or Other Private Drive or Adiacent 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 29 Words struele-threugh are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A 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 29 Words struelE-thfeugh are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A 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 IV, Medium Density Residential Areas Plan. Page 18 of 29 Words are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A 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 .vi/1 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 9.8 123,011 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 29 Words struck through are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A t" 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. 10. 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 29 Words stfuelf-thfeugh are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A 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. Car wash 2. Child care center 3. Commercial recreation-outdoor. 4. Detached residence in conjunction with a one per business. 5• Drive-in theatres. 6. Permitted use with less than gross floor area in principal structure. 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%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. Page 21 of 29 Words stfeek-threugh are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A MI 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 22 of 29 Words stic-tough are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A 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-71/2 feet. 3. Rear Yard-Not applicable. E. Minimum Floor Area 1. .None. F. Maximum Height: 1. Maximum height of any structure:45 feat. Page 23 of 29 Words stritelc-reugh are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A 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 24 of 29 Words struck---tlireugh are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A 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 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 Pt3D 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 - - - - 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 A. The developer shall provide fair share contributions with the minimum share being Page 25 of 29 Words struelf-t-hr-eugh are deleted. Words underlined are added. [Draft Date: 10-17-2013] i7A '- : 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. 3. Access between Tract A and Roberts Avenue shall include an eastbound right turn lane and a westbound turn lane should expected volume exceed 250 vehicles per day. 4. 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. 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%. Page 26 of 29 Words strtek-thr-ough are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17A 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 Subdivision Code must be met since no exceptions were requested. D. The project shall be platted in accordance with the Collier County Subdivision Code to 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. Page 27 of 29 Words stk-thfough are deleted. Words underlined are added. [Draft Date: 10-17-2013] 7 A r 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 first Site Development Plan (SDP) for Tract A, a Tree Count will be provided indentifving the type, size, location and number of native tress that will not be retained, as specified in 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-o€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.e#the Land Development Code. 7.14 POLLING Places A. Polling places shall be provided in accordance with Section 2.6.30 of the Collier County Land Development Code. 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. 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 Page 28 of 29 Words stfuelc--threugh are deleted. Words underlined are added. [Draft Date: 10-17-2013] 1 7 A , 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 29 of 29 Words are deleted. Words underlined are added. [Draft Date: 10-17-2013] 17Ar .. g r -- 2 d 1: 0 O I , O z Irit r L _ - - , - - - - ' o -� ° r - II Iti I Iv 10 I I I il I iii �j I I mF� i I Q r OA �U I Ul� 1Q I n— (() I I Vr Q I ~ � 0 I I I 1� <0 I �Y t ■ 01 q) etil 1 L=� - - - — _1J - - •• , /1/ ill 1 I 1 I V rU // At 2 1 � i N ul ' 1 VI / / — e i — - 1 1 11 ./7 ._1 1 i J I ilY P / � � I i I Q-1 I /// •/ ' 1 d I tNiiii C.) I ' % // o aaa I v IiI �= — U In I M LIN ' g i QN 17- 1-in � u, 2� TR _,jai kn A 72, _... - u P 74 + * V Q +1 Q County of Collier 1 7 A CLERK OF THE`1 CIRCUIT COURT Dwight E. Brock COLLIER COUI@Y COURTHOUSE Clerk of Courts Clerk of Courts 3315 TAMIAMI TRL E STE 102 : P.O. BOX 413044 Accountant NAPLES,FLORIDA it NAPLES,FLORIDA 34112-5324 '•I_ 34101-3044 Custodian of County Funds December 20, 2013 Robert J. Mulhere, FAICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Re: Notice of Public Hearing to consider Petition PUDA-PL20130000052, R. Roberts Estate PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 28, 2014, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, January 8, 2014. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com 17A '" Acct #068779 December 20, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: PUDA-PL20130000052 Dear Legals: Please advertise the above referenced notice on Wednesday, January 8, 2014, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500146769 17P y NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, January 28, 2014 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance . The meeting will commence at 9 : 00 A.M. The title of the proposed Ordinance is as follows : 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- PL20130000052 , R. ROBERTS ESTATE PUD) A Copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written material intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need 17A to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance . Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL, 34112-5356, (239) 252-8380 , at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHAIRMAN DWIGHT E . BROCK, CLERK By: Ann Jennejohn, Deputy Clerk 17A Ann P. Jennejohn To: legals @naplesnews.com Subject: PUDA-PL20130000052 Attachments: PUDA-PL20130000052.doc; PUDA-PL20130000052.doc Hi again, Please advertise the attached on Wednesday, January 8, 2014. Thank you, Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 17A PUDA-PL20130000052 R. ROBERTS ESTATE PUD NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday* January 28,2014 in the Board of County T Commissioners Meeting Room, bird Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance.The meeting will commence at 9:00 A.M.The title of the proposed Ordinance is as follows: 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,1 FIE 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 1,2 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 13Y 3 ACRES,FROM 5.9 ±ACRES TO 8.9-1 ACRES. BY CHANGING THE PERMITTED USES ON TRACT A FROM SINGLE FAMILY RESIDENTIAL TO UP 10 50,000 SQUARE FEET OF GROSS FLOOR AREA OF INSTITUTIONAL AND PROFESSIONAL OFFICE USES; BY REVISING SECTION 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-P120130000052,R.ROBERTS ESTATE MD) A Copy of the proposed Ordinance is on file with the Clerk to the Eloard and is available for inspection. All interested parties are Invrted to attend and be heard. NOTE. All persons wishing to speak on any agenda item must register with the County manacer prior to presentation of the agenda item to be addressed. Individual speacers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization oi group is encouraged. if recbgnized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written material intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence . upon whicn the appeal is based. If you are a person with a disability who needs any accommodation in order to par- ticipate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tarniami Trail East,Suite 101, Naples, FL,34112-5356, (239)252-8380, at least two days pi or to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHAIRNIAN DWIGHT E,BROCK,CLERK By: Arm Jennejohn,Deputy Clerk January 8,2014 No.2011009 17A Ann P. Jennejohn From: Bellows, Ray Sent: Monday, December 23, 2013 2:10 PM To: Ann P.Jennejohn; Neet, Virginia; Levy, Michael Cc: Gundlach, Nancy Subject: RE:Ad Confirmation I have no changes to this notice. Ray Raymond V. Bellows, Zoning Manager Zoning Services Section Department of Planning and Zoning Growth Management Division - Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 Original Message From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Monday, December 23, 2013 11:57 AM To: BellowsRay; NeetVirginia; LevyMichael Cc: GundlachNancy Subject: FW: Ad Confirmation Attached for your review is the notice for PUDA-PL20130000052, the R. Roberts Estate PUD, scheduled for publication in NDN on Wednesday, January 8, 2014 for the Board's January 28, 2014 Meeting. Please send an O.K. or provide changes needed a.s.a.p. (I do know Nancy isn't here this week, so I won't be waiting to hear from her) Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) Original Message From: Polidora, Carol [mailto:cpolidora®naplesnews.com] Sent: Monday, December 23, 2013 11:43 AM To: Ann P. Jennejohn Subject: Ad Confirmation 1 17A Ann P. Jennejohn From: Ashton, Heidi Sent: Monday, December 23, 2013 2:33 PM To: Neet, Virginia Subject: RE: These just came in and I noticed you were not in the emial loop OKay. geldi ritaireo c-eiel¢o Heidi Ashton-Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 From: NeetVirginia Sent: Monday, December 23, 2013 12:23 PM To: AshtonHeidi Subject: These just came in and I noticed you were not in the emial loop r. ,,.. r, .� a >> ..�. ., ,..,.. .. .�.�.,I.,�.ci(C:a.�t�Ea€..t �, I.. ,.. i.. e r r 1 . , 17A Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News + BCC/ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 OTI E OF MEETING NOTICE OF MEETING NAPLES FL 34112 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday,January 28, 2014 in the Board of Count Commissioners Meeting Room, Third Floor, Collier Government Center, 32 Tamiami Trail East, Naples, FL, the Board of County Commissioners (BCC) consider the enactment of a County Ordinance.The meeting will commence at 9: REFERENCE: 068779 4 5 0 014 6 7 6 9 A.M.The title of the proposed Ordinance is as follows: 59736658 NOTICE OF INTENT T( 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 State of Florida LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA BY County of Collier AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS;BY CHANGING THE ZONING DESIGNATION OF 3.2 ACRES OF LAND FROM RESIDENTIAL SINGLE FAMILY-3 Before the undersigned authority, persc(RSF-3) TO R. ROBERTS ESTATE MIXED USE PLANNED UNIT DEVELOPMENT; BY INCREASING THE SIZE OF TRACT A DF THE PUD BY 3 ACRES,FROM 5.9'ACRES TO appeared Robin Calabrese, who on oath sa,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 she serves as the Advertising Director of INSTITUTIONAL AND PROFESSIONAL OFFICE USES; BY REVISING SECTION I, PROPERTY DESCRIPTION;BY REVISING DEVELOPMENT STANDARDS AND DEVELOPER Naples Daily News, a daily newspaper publ COMMITMENTS FOR THE PUD LOCATED ON THE SOUTH SIDE OF ROBERTS AVENUE AND NORTH AND EAST OF SR-29 N SECTION 4,TOWNSHIP 47 SOUTH,RANGE 29 Naples, in Collier County, Florida: that EAST,COLLIER COUNTY,FLORIDA CONSISTING OF 42°ACRES;AND BY PROVIDING AN EFFECTIVE DATE.(PUDA-PL2013(000052,R.ROBERTS ESTATE PUD) attached copy of advertising was publishE A Copy of the proposed Ordinance is on file with the Clerk to the Board and is newspaper on dates listed. available for inspection. All interestec parties are invited to attend and be heard. Af f iant further says that the said Nap] NOTE: All persons wishing to spek on any agenda item must register with the County manager prior to presenation of the agenda item to be addressed. News is a newspaper published at Naples, individual speakers on be minutes on any item.m iseeseleci encouraged. Collier County, Florida, and that the sal recognized by the Chairman, a spikesperson for a group orp organization gmay be allotted 10 minutes to speak on an item newspaper has heretofore been continuous] Persons wishing to have written o graphic materials included in the Board agenda published in said Collier County, Florida packets must submit said material minimum of 3 weeks prior to the respective public hearing. In any case,writter material intended to be considered by the Board day and has been entered as second class shall be submitted to the approprate County staff a minimum of seven clays prior to y the public hearing.All material ued in presentations before the Board will become matter at the post office in Naples, in E a permanent part of the record. Collier County, Florida, for a period of Any person who decides to appal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim next preceding the first publication of t record of the proceedings is mde,which record includes the testimony and evidence upon which the appeal is based. attached copy of advertisement; and of f is If you are a person with a liability who needs any accommodation in order to par- further says that he has neither paid noa certa e iassistance.CePeeaa contacte heledCollier ccoosutnttyo yFacilitiesheManagement Ppromised any person, firm or corporation Department, located at 33? Tamiami Trail East, Suite 101, Naples, FL, 34112-5356, y P r p (239)252-8380, at least twc days prior to the meeting..Assisted listening devices for discount, rebate, commission or refund f( the hearing impaired are awilable in the Board of County Commissioners Office. purpose of securing this advertisement f BOARD OF COUNTY COMAISSIONERS p ur p g COLLIER COUNTY,FLORIDA publication in the said newspaper. CHAIRMAN DWIGHT E.BROCK,CLEO( By:Ann Jennejohn,Deuty Clerk PUBLISHED ON: 01/08 January 8,2014 No.2011009 AD SPACE: 94 LINE FILED ON: 01/08/14 + Signature of Affianty---,----, (e.._____ Sworn to and Subscribed bef me th' s tk� day of ! 20 /1--/ ,` Err1 • Personally known by me ►� I I V A - - 4"" . CAROL POLIDORA t� MY COMMISSION#EE 851758 r���r .--�77:a-' EXPIRES:November 28,2014 %%a'.''' Bonded Thru Plchard Insurance Agency ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forward the my Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the ounty Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office 1 -1 irk C 2g)1'f 2. BCC Office Board of County 'C‘.\ • -• Commissioners \/14/5/ 3. Minutes and Records Clerk of Court's Office 0131i q aw/ 4. 5. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional o missing information. Name of Primary Staff Nancy Gundlach � Phone Number (239)252- 84 Contact/ Department Agenda Date Item was January 28,2014 Agenda Item Number 17 A. Approved by the BCC Type of Document Ordinance Number of Original 1 Attached \x"r‘cs E ice.. Documents Attached PO number or account number if document is to be recorded � ?U\LPQ I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? N.G. 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed N.G. by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N.G. document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's N.G. signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N.G. should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on January 28,2014 and all changes made N.G. during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the N.G. BCC, all changes directed by the BCC have been made,and the document is ready for K Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.0 , • . . 5;Revised 11/30/12 17 A lit: 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-PL20130000052] 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 1 of 2 Rev. 01/03/14 CA 17A . . 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 .Z day of 1—ct n it_A-;u , 2014. ATTEST;' F f,. .. , BOARD OF COUNTY COMMISSIONERS DWIGIT.E. BRC'CK, CLERK COLLIER COUNTY, LORIDA �/�� Y ._ Deputy Cl: TOM HENNING, , airman Attest as to Chairman'• signature only. A•prlved as to form and legality "lb. r A 1k ('NC' eidi Ashton-Cicko 1\z>\\Lt Managing Assistant County Attorney Attachment: Exhibit A—R. Roberts Estate PUD Document CPU 3-CPS-01218\52 This ordinance filed with the Secretary of 5.t.ate's Office the ____ day of _,. vta 20 I4 and acknowledgement of that Win received this _ 5 day of 1-01 y _ .I Deputy Cle � R. Roberts Estate PUDA\PUDA-PL20130000052 2 of 2 Rev. 01/03/14 CA 17A 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] CA 17A 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 i STATEMENT OF COMPLIANCE 4 SECTION I PROPERTY OWNERSHIP & DESCRIPTION 4 SECTION II PROJECT DEVELOPMENT REQUIREMENTS g SECTION III LOW DENSITY RESIDENTIAL AREAS PLAN 44 SECTION IV MEDIUM DENSITY RESIDENTIAL AREAS PLAN 4 SECTION V COMMERCIAL AREAS PLAN 49 SECTION VI HISTORIC SITE DEVELOPMENT PLAN -24 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] CAO 17A 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 (TAMP) Element of the Collier County Growth Management Plan, as well as all applicable provisions of the Collier County Growth Management Plan. - . - - _ •- _ _ •• - _ . A. The project has been found to be consistent with Policy 11.1.1 of the Land Use Section of the Immokalee Master Plan Element that is ;tatcd 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] cAo 17A •• •. -- : - - • Land Use Designation Description, of the Implementation Section of the Immokalee Master Plan Element, with regards to the Commerce Center Mixed Use District. The subject property is located within the Commerce Center/Mixed Use District Subdistrict as shown on the Immokatee-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 arc 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 DSubdistrict (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 4.8:6 27.5 260,000 310,000 Designed to provide employment generating uses the two 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] CAS\ 17A 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] 0 17A SECTION I PROPERTY DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location 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 Giddens, Ellis Giddens, Marilyn Sears, Carl R. Gallagher, John D. Gallagher, Jesse E. Gallagher, Jr., Norma L. Chodat, and Joseph R. Coker, Personal Representative of the Lois R. Horton Estate. •• - - • . • ... • 4 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] CA�'i 17A 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] S 17A 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 . . •-• :- . . •- . -- - . . - - . . . - - - 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 A. The layout of streets and use of land for the vari- - . , • • . . - . - - . :- the map titled "Master Plan"; copy of which is included as part of this petition submittal. The location and sizing of utilities; and the Water. Management Plan is illustrated •- . ❑,I . • - ---• "• v-of which is included as part of this petition submittal. 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] CA 17A petition submittal. D. The egg boundary of the subject property, elevations, and location of utilities and trees are shown on the map titled "Boundary, Elev. . . - - - - • • •- -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 y Institutional and/or Commercial 24 (4 DU/AC) 5,618.0 SQ.FT/ACRE S8.9 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. e.,n addition to the various areas and specific items shown in the "Master Utilities and Water Management Plan", such casements as necessary (utility, private, semi public, etc.) shall be established within or along the various tracts as may be necessary. 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A. A maximum of 103 79 residential multi-family dwelling units, single 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 44,9 9.0 acres. The gross project density,therefore, may be a maximum of&98.78 units per acre. 2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or Page 9 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] CA(1 17A 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 submitted for the entire area 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 or parcels of land as provided in said Division 3.3 prior to the' issuance of a 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 Codc, or any subsequent amendment relating thereto prior to the submittal of construction plans and plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications 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 FLAIL Amendments may be made to the PUD as provided in Section 2.7.2 of the Collier county tail-el-Development-Cede:. 2.8 PROVISION FOR OFF SITE REMOVAL OF EARTHEN MATERIAL A. The excavation of earthen material 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 arc such that there is a surplus of earthen material then its off site disposal is also hereby 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 and utilized off site subject to the 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 91.102, Division 3.5. a. All other provisions of Ordinance No. 91 102, Division 3.5, arc applicable. Page 10 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] CA0 17A 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 : -• • - - •- - '.l) 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. • . _ _ - • . . - . . _ - - • -- 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). Single family detached dwellings. 2. Professional Office (Sic 6021-6099, 8011, 8021, 8111, 8711-8748). Public parks, public 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;ems.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. •- •.•. - • - _ - • • •- - - - •-- •- .__ , 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. Churches Page 11 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] C� 17A 3. Public, private, parochial schools. 4. Owner occupied child care centers(subject to Section 2.6.26). 6 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 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 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 & II. MINIMUM LOT WIDTH: (1) Corner Lots—45-120 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%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 _ III - .. - -- . - - .e . .. - -- C. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Land Development Code. c. 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] S 17 A 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] (:\( 17 A 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 1, subject 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] cAov 17A ,1 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 %2 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] CAS' 17 A 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] CA 17A 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] CAo 17A 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] CAO I7A t. , 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] 17A 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. 10. Jewelry stores. it. 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] hA 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%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] (C70 17A 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] (cACS 17A 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] e 17A 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'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 - ! . e e e•,, ,,e, e • _ • •e • approval of the petition by the Board of County Commissioners and continue completed in accordance with the conditions of the approved PUD Document. It is estimated that completion will be nine (9)years from date of County approval, i.e., D. Monitoring Report: An annual monitoring report shall be submitted pursuant to Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 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] 17 /i 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] CA 17A 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 Subdivision Code 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] CA« 17A 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 2.1 of the Cal-lier--Gaurity Land Development Code. 7.14 POLLING Places A. Polling places shall be provided in accordance with Section 2.6.30 of the Collier County 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] cm) 17A 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 Cell-i Land Development Code. Page 28 of 28 Words struck through are deleted. Words underlined are added. [Date: 01-03-2014] 17 A 8 M , W W x. ( L.. u.9 .1 ti) ,, ,, 4, .. ... 1 1 - 0 P y ) z I N� rr _ L T - - , - - - - I 0 I q i ii m , I gL- I iI I g Z o P__ 1 ,_ m 1 a illi! s m I I i i I N ' 1LHill 1� N j� o li—--1 — - - )-- --__ j I i-- _ fit , `_, 1 ji I I I WS I ip i 1 1--1 I I H i� i� �--I i I ii = F- / A WW Ll / _ _ __, L � i , 11 1 IQ H , I; t). i�� i i I i , N/, /I L _ Q j' 1 / l 1 1 ii ,40 T A // s- 1 I �� — 11 il i ; a ►...1 �I � / ff ! W 1 s n n o- it v 44 41 M * >1 < m W 3 Y w' V G ast 1 gti . y ,n e^ Lij r.7 441 �� ¢ , • sir'- ------- M FLORIDA DEPARTMENT o JsTA1 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