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Ordinance 2016-02 ORDINANCE NO. 16- 0 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2003-11, THE EAST GATEWAY PLANNED UNIT DEVELOPMENT, BY ADDING 250 RESIDENTIAL DWELLING UNITS TO BE DEVELOPED IN ADDITION TO THE COMMERCIAL DEVELOPMENT ON THE COMMERCIAL DEVELOPMENT AREA OR AS AN ALTERNATIVE TO INDUSTRIAL AND BUSINESS PARK DEVELOPMENT ON THE INDUSTRIAL BUSINESS PARK DEVELOPMENT AREA; BY CHANGING THE NAME OF THE PLANNED UNIT DEVELOPMENT TO THE EAST GATEWAY MIXED USE PLANNED UNIT DEVELOPMENT; BY ADDING PERMITTED USES FOR RESIDENTIAL DEVELOPMENT; BY ADDING DEVELOPMENT STANDARDS FOR RESIDENTIAL DEVELOPMENT; BY ADDING DEVIATIONS; BY REVISING THE MASTER PLAN; BY ADDING EXHIBIT B AND EXHIBIT C, A ROAD RIGHT-OF-WAY CROSS SECTION; BY REVISING DEVELOPER COMMITMENTS FOR THE PUD LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD AND WEST OF CR 951 IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA CONSISTING OF 37.35± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PETITION PUDA-PL201400005481 WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor&Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing BC Naples Investments, LLP, 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: Amendments to the PUD Document, Exhibit A of Ordinance No. 2003- 11. The East Gateway PUD Document, Exhibit A of Ordinance No. 2003-11, 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. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this I a14` day of jan,,LAA , 2016. [14-CPS-01350/1233930/1] 192 East Gateway PUD\PUDA-PL20140000548 1 of 2 Rev. 1/19/16 ATTEST: ' w BOARD OF COUNTY COMMISSIONERS DWIGHT E RRO CLERK COLLIER COUNTY, FLORIDA j:tet...4 By: ,�' .� . By: Ar gip_,., N*Ps aA'c DO A FIALA, Chairwoman 1 . , .0,,,,,:,..- Approved as to form and le ality: A Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—East Gateway PUD Document This ordironce -;!"c' yoth tnc. e ary of i to = Office thG and acknowledgerrtie,p4 that fili•t received t` isQOl day of 'i 4 , I , 4' /• [14-CPS-01350/1233930/1] 192 East Gateway PUD\PUDA-PL20140000548 2 of 2 Rev. 1/19/16 1") EAST GATEWAY A MIXED USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING EAST GATEWAY, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: THOMAS G.ECKERTY, TRUSTEE 1 75 EXIT 15 LAND TRUST 12734KENWOOD LANE, STE. 89 FORT MYERS, FLORIDA 3'3907 5638 BC NAPLES INVESTMENTS, LLP 2600 GOLDEN GATE PARKWAY, NAPLES, FL 34105 PREPARED BY: RWA CONSULTING, INC. . . e ., 9 SUITE 270 NAPLES, FLORIDA 31101 Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 VIA DEL REY BONITA SPRINGS, FL 34134 AND COLEMAN, YOVANOVICH AND KOESTER 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC 2/6/03 DATE APPROVED BY BCC 2/25/03 ORDINANCE NUMBER 2003-11 AMENDMENTS AND REPEAL Exhibit "A" Words struelf-through are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance ii Section I Legal Description, Property Ownership and General Description I-1 Section II Project Development II-1 Section III Commercial/Residential Area Development Area Standards III-1 Section IV Industrial/Business Park or Residential Development Area Standards IV-1 Section V Development Commitments V-1 Words Lek-through are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 LIST OF EXHIBITS AND TABLES EXHIBIT A I4DMPUD MASTER PLAN EXHIBIT B 40' ROW CROSS-SECTION, EXHIBIT C 54' ROW CROSS-SECTION TABLE I PROJECT LAND USE TRACT Words struck gh are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 STATEMENT OF COMPLIANCE The development of approximately 37.39 35 acres of property in Collier County as a Mixed Use Planned Unit Development to be known as East Gateway will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential, commercial, and industrial\business park land uses of the East Gateway MPUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property proposed for development is within the Urban Commercial District/Interchange Activity Center Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. 2. The subject property is located in Activity Center#9. The land uses, and land use intensities proposed are consistent with the Future Land Use Element of the Collier County Growth Management Plan. Residential projects are eligible to request up to 16 dwelling units per acre. 3. Development of the East Gateway PUDMPUD shall be consistent with the Activity Center #9 Interchange Master Plan. 4. The subject property is located on the southwest quadrant of the I-75/Exit 1.5Davis Boulevard Interchange. This strategic location allows the site superior access for the placement of commercial and industrial/business park activities, or higher density residential development. 5. The project is a mixed-use development located within a designated Activity Center, therefore, the proposed residential, commercial, and industrial/business park land uses are consistent with the Future Land Use Element of the Collier County Growth Management Plan. 6. The development will be compatible with and complementary to existing and planned surrounding land uses. 776. The development of the East Gateway PUD will result in an efficient and economical extension of community facilities and services as required in Poli- -- Future Land Use Element. 4:7. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 9:8. The East Gateway P.44 MPUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 10.9. All final Development Orders within the East Gateway PPNIlMPUD are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. ii Words struck-through are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the East Gateway P-UDMPUD. 1.2 LEGAL DESCRIPTION 1 75, IN SECTION 34, TOWNSHIP 49, SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, LESS THE SOUTH 50 FEET THEREOF. (O.R. BOOK 4393, PG. 4095) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 726.00 FEET OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE RIGHT OF WAY FOR I-75 (STATE ROAD NO 93), AND RIGHT-OF-WAY LESS AND EXCEPT THE SOUTH 50 FEET THEREOF: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 34 AND ALONG THE SOUTH LINE OF THE SAID SOUTHEAST 1/4, S 88°55'22" E 592.95 FEET; THENCE LEAVING THE SAID SOUTH LINE, N 00°21'36" E 50.00 FEET, TO A POINT LYING ON THE NORTH LINE OF DAVIS BOULEVARD (STATE ROAD 84) 100.00 FOOT RIGHT-OF-WAY AND BEING THE POINT OF BEGINNING OF THE PARCEL DESCRIBED: THENCE LEAVING THE SAID NORTH LINE, CONTINUE N 00°21'36" E 2388.33 FEET, TO A POINT LYING ON THE SOUTH RIGHT-OF-WAY OF SAID 1-75 (STATE ROAD NO. 93); THENCE ALONG THE SAID SOUTH RIGHT-OF-WAY, THE FOLLOWING TWO (2) DESCRIBED COURSES; THENCE S 68°1T38" E 406.96 FEET; THENCE S 62°39'17" E 389.59 FEET, TO A POINT LYING ON THE EAST LINE OF THE SAID WEST 1/2 OF THE SOUTHEAST 1/4; THENCE ALONG THE SAID EAST LINE, S 00°21'36" W 2071.95 FEET, TO A POINT LYING ON THE SAID NORTH LINE; THENCE ALONG THE SAID NORTH LINE N 88°55'22" W 726.06 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. I-3 Words struck through are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 SAID PARCEL CONTAINING 37.345 ACRES MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The subject property is owned by the 175 Exit 15 Land Trust, Thomas G. Eckerty, TrusteeBC Naples Investments, LLP. 1.4 PHYSICAL DESCRIPTION The development property is located in the southwest quadrant of the I-75, Exit I 5Davis Boulevard Interchange, with frontage on Davis Boulevard (State Road 84), in Section 34, Township 49 South,Range 26 East. The proposed project site is presently undeveloped, but has been historically timbered, and utilized for cattle grazing. The majority of the property has extensive infestation of the exotic species Melaleuca. The property is generally without topographic relief, with elevations ranging from 9.8' to 11.6' above mean sea level. The site contains areas of jurisdictional wetlands including transitional wetlands in which the predominant vegetation is a mix of pine and cypress and associated upland and wetland plants. Natural drainage is southwesterly. The proposed water management regime for the project utilizes detention areas that will result in the post development surface water discharge volume being no more than the pre-development discharge volume. 1.5 PROJECT DESCRIPTION The East GatewayIUDMPUD shall be a mixed-use development, with a commercial and/or residential development located on the Davis Boulevard frontage, and the industrial/office park development or residential opportunity to be located on the northerly portion of the ��BMPUD property. The commercial component of the development is limited to 200,000 square feet of gross leasable floor area, and will be located on a 20± acre parcel. The commercial land uses proposed are those typically associated with major interchanges, including, but not limited to, convenience stores with gas pumps, restaurants, fast-food and/or sit-down dining, banks, and shopping centers anchored by a major grocery store, and/or major retail store(s). There is the potential for professional offices to be located in a shopping center, or developed in out-parcels within the commercial development area. The industrial/office park/residential development is limited to 250,000 square feet of gross leasable floor area, and will be located on a 17± acre parcel. The industrial/business park land uses may be, but are not required to be, those typically associated with land development activities including but not limited to engineering and surveying offices, building material supply, and home improvement supply. A maximum of 250 residential dwellings shall be permitted in the entire PUD. Allocation of the dwelling units within the site will be determined at the time of SDP/Plat approval Each residential, industrial, commercial or industrial/business park land use, will be served with centrally provided potable water, sanitary sewer, electric power, and telephone services. Additional services will be provided as deemed appropriate. I-4 Words 'truck through are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 The entire 37.435± acre project is the stormwater management basin. The storm water management system consists of preserve/native vegetation for storm attenuation and dry detention for water quality. A catch basin/culvert system along with overland sheet flow will collect and convey project run-off to the dry detention areas, and to the preserve/native vegetation area once acceptable water quality is achieved. Flood protection will be provided to the project by raising buildings, roads, etc. in conformance with South Florida Water Management District criteria. The South Florida Water Management District criteria for building pad elevation is the 100-year, 3-day/zero- discharge storm elevation, and the minimum road elevation is based on the 25 year, 3-day storm event. After heavy rainfall events, surface waters from storage areas will be discharged through a bleed-down structure into the existing preserve in the Saddlebrook Village PUD to the west. The water control structure for Saddlebrook Village was designed to accommodate the discharge from the proposed The East Gateway P -JDMPUD. The off-site outfall was constructed during the construction of Saddlebrook Village. Said out-fall is in existence and functional.No further design modifications to the existing system are required. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "East Gateway Mixed Use Planned Unit Development Ordinance". 1-5 Words elm are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 i0) 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 East GatewayDMPUD development, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the East Gateway P-1DMPUD 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 and Growth Management Plan 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. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set 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 East Gateway PUDMPUD shall become part of the regulations that govern the manner in which the PU MPUD site may be developed. D. Unless modified, waived or excepted by this PiJDMPUD, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUBMPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the County Land Development Code, at the earliest or next to occur of Final Site Development Plan, Final Plat approval, or building permit issuance applicable to this development. II-1 Words 3truelc-throutgh are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land for the various tracts is illustrated graphically by Exhibit "A", P-14D•MPUD Master Plan. There shall be two land use tracts, portions of which may include water management lakes or facilities, and private street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". TABLE I PROJECT LAND USE TRACTS TYPE UNITS/SQ. FT. ACREAGE± COMMERCIAL_ 200,000 TRACT"C/R" AND/OR 250* 20 RESIDENTIAL INDUSTRIAL/ 250,000 TRACT"I/B/R" BUSINESS PARK OR 17 RESIDENTIAL 250* *A maximum of 250 dwelling units are permitted within the MPUD B. Areas within the 1 DMPUD may be excavated and constructed as lakes or, upon approval, may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Final Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code, or as otherwise permitted by this PU43MPUD document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT INTENSITY A maximum of 200,000 square feet (gross leasable floor area) of commercial development may be constructed in the "C/R" Commercial Tract. A maximum of 250,000 square feet (gross leasable floor area) of industrial and/or business park development may be constructed in the "UB/R" Industrial/Business Park or Residential Tract. A maximum of 250 dwelling units are permitted to be distributed within one or between both development tracts. If any Industrial/Business Park uses are is constructed on the "IB/R" Industrial/Business Park or Residential Tract, then no residential uses or dwelling units are allowed on this Tract. II-2 Words struck ough are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat for all or part of the RU-DMPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the —DMPUD Master Development Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. " ,,. , - , • -, P D. • by the PUD Master Plan. Any division of property and the development of the land - •- . - - - ision 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when provided in said Division prior to the issuance of a building permit or other development order. • park development contemplating fee simple ownership of land for each commercial or industrial/business park unit or parcel, shall be required to submit and receive approval of a preliminary subdivision plat, in conformance with the requirements of Division E. Appropriate instruments will be provided at the time of infrastructural improvements 2.6 LAKE SETBACK AND EXCAVATIONS Should lakes be excavated, the lake setback requirements described in Section 3.5.7.11.1f the Land Development Code may be reduced with the administrative approval of the Collier County Community Development and Environmental Services Administrator, or his designee. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code, however, removal of fill from the East Gateway P-U.DMPUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial • - -' •: - • • e. A commercial excavation is not a permitted use. II-3 Words struelc-through are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 2.7 USE OF RIGHTS-OF-WAY A. All platted project streets shall be private and shall be classified as local streets. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. B. Off street parking required for commercial uses shall be accessed by parking aisles or driveways that are separate from the project's connector road to Bedzel Circle in the 951 Commerce Center PUD. A green space area of not less than ten (10') feet in width as measured from the property line, or edge of pavement, whichever is greater, shall separate any parking aisle or driveway from the project's connector road to Bedzel Circle. 2.8 AMENDMENTS TO PUDMPUD DOCUMENT OR PUDMPUD MASTER PLAN Changes and amendments may be made to this PUDMPUD Ordinance or P UDMPUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and refinements as described in Section 7.3.C. of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the East Gateway13MPUD. Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within the East Gateway P4DMPUD, the developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. II-4 Words Celt#rough are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 2.10 FILL STORAGE Notwithstanding the provisions of Section 3.2.8.3.6. of the Collier County Land Development Code, fill storage is generally permitted as a principal use throughout the East Gateway P-UDMPUD. Fill material generated may be stockpiled within areas designated for development. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty-five (35) feet C. Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than four feet over development areas that are depicted on an approved Site Development Plan, no fencing is required. D. Soil erosion control shall be provided in accordance with Division 3.7 of the Land Development Code. E. Fill storage shall not be permitted in Preserve Areas. +� '. . � v,. ...I *'..1/ �� . l....- • 14 1. Where the development of land within the East Gateway PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for approval. 2.122.11 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.441.1 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, and Section 3.9.5.5.3 of the Collie ity Land Development Code: a minimum otbased on the 9430.87+ acres of native vegetation on-site, 7.72+ acres (25% of the viable, naturally functioning native vegetation on site) is required to be retainedpreserved or replanted. The recreated preserve area depicted on Exhibit "A", PUDMPUD Master Plan is approximately 5.72.5+ acres, therefore, . satisfy the 9.3'1 acre requirement. The entire 7.72+ acres of required preserve shall be . - . . . - ! • 4. 6.37 acres of native vegetation shall be retained on-site and 1.35 acres of native vegetation will be provided off-site, as requested in Deviation #4. The 1.35 acre offsite preserve shall not be used for mitigation for other II-5 Words Mock-through are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 qt} agencies including but not limited to the SFWMD or Army Corps of Engineers. An off-site preserve shall be provided in accordance with the GMP and LDC in effect at the time of the first Site Development Plan or subdivision plat approval. 2.132.12 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the P-U-DMPUD Ordinance and attendant P-U?MPUD Master Plan, the provisions of the P-3MPUD document become a part of the Land Development Code and shall be the standards of development for the -U-I MPUD. Thenceforth, development in the area delineated as the East Gateway PUDMPUD District on the Official Zoning Map will be governed by the adopted development regulations andPU-13MPUD Master Plan. 2.13 DEVIATIONS 1. Deviation #1 seeks relief from LDC Section 5.06.04.F.9, On-premises Directional Signs, for non residential districts, which permits two non-residential directional signs at each project entrance at a maximum of 6 square feet each, to permit a maximum of 2 non-residential directional signs at the vehicular, interconnect with the 1-75 Alligator Alley PUD at a maximum of 32 square feet each. 2. Deviation #2 seeks relief from LDC Section 6.06.01.0, Street System Requirements and Appendix B, Typical Street Sections and Right-of-Way Design Standards, which establishes a 60-foot wide local road to allow a minimum 54' wide local road for non-residential development and a minimum 40' wide local road for residential development. 3. Deviation #3 seeks relief from LDC Section 3.05.07.A.5, Preservation Standards, which requires that the preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors, to instead allow the existing native vegetation to be divided as shown on the MPUD Master Plan. 4. Deviation #4 seeks relief from LDC Section 3.05.07.H.1.£i(d), Preservation Standards, a property owner may request that of the Collier County on-site native vegetation preservation retention requirement be satisfied offsite for properties where the on-site preserve requirement is less than 1 acre in size to allow offsite preservation where the on-site preserve requirement is more than 1 acre. The proposed off-site preserve shall be 1.35 acres. The 1.35 acre offsite preserve shall not be used for mitigation for other agencies including but not limited to the SFWMD or Army Corps of Engineers. An off-site preserve shall be provided in accordance with the GMP and LDC in effect at the time of the first Site Development Plan or subdivision plat approval. 5. Deviation #5 seeks relief from LDC Section 4.02.04.D, Standards for Cluster II-6 Words stFuelf-through are deleted,•words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 Residential Design, which requires the zero lot line portion of the dwelling unit to be void of doors or windows where such wall is contiguous to an adjoining lot line to allow windows along portions of the principal building that is on the zero setback line. II-7 Words struck-through are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 �l- SECTION III COMMERCIAL/RESIDENTIAL DEVELOPMENT AREA (TRACT "C/R") 3.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "C/R", Commercial Development Area on Exhibit "A", }MPUD Master Plan. 32 MAXIMUM !'•E • . . ! . • •.: INTENSITY The 20+ acre Commercial Development Area (Tract "CLR"), shall not be developed with more than 200,000 square feet of commercial uses. Should a hotel or motel be proposed, a commensurate amount of commercial development opportunity shall be lost, based on a comparison of average annual daily trip generations. Up to 250 dwelling units shall be permitted throughout the "C/R" area; however, where both commercial and residential are developed within this area, buffers between uses shall be required as described in Section 3.4.D. No more than 250 dwelling units shall be permitted in the entire PUD. 33 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1: 1) Any retail businesses as defined in the Standard Industrial Classification Manual for the following categories: a. 521-Lumber and other Building Materials Dealers; b. 523 -Paint, Glass, and Wallpaper stores; c. 525 -Hardware stores; d. 526-Retail Nurseries,Lawn and Garden Supply Stores; e. Major Group 53 -General merchandise stores. 2) Any retail store engaged in selling food as defined under Major Group 54 in the Standard Industrial Classification Manual. 3) Any retail businesses engaged in selling automobile parts and accessories; and retail gasoline sales (without service facilities), as defined in the Standard Industrial Classification Manual for the following 1 Reference Executive Office of the President, Office of Management and Budget,Standard Industrial Classification Manual, 1987 Edition III-1 Words leugh are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 categories: a. 553 - Auto and Home Supply stores, not including any installation facilities; b. 554 - Gasoline Stations, not including service facilities; c. 7542 - Carwashes only. 4) Any retail businesses engaged in selling apparel and accessories as defined under Major Group 56 in the Standard Industrial Classification Manual. 5) Any retail businesses engaged in selling home furniture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. 6) Any retail establishment selling prepared foods and drinks, including alcoholic drinks (for consumption on the premises), as defined under Major Group 58 in the Standard Industrial Classification Manual. 7) Any miscellaneous retail businesses as defined under Major Group 59 in the Standard Industrial Classification Manual, not including Industry Group Numbers: 593 - Used Merchandise Stores; 596 - Nonstore Retailers; 598 - Fuel Dealers; and not including the retail sale of fireworks. 8) Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 9) Establishments operating primarily to provide temporary lodging such as hotels or motels as defined under Industry Group 7011 in the Standard Industrial Classification Manual. No more than 150 rooms shall be permitted. 10)Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 721 - Laundry, Cleaning, and Garment Services, only including 7211 - Power laundries, family and commercial, and 7215 - Coin-operated laundries and dry-cleaning; b. 722 -Photographic Portrait Studios; c. 723 -Beauty Shops; d. 724 -Barber Shops; e. 725 - Shoe Repair Shops and Shoeshine Parlors; f. 726 -Funeral Service and Crematories; g. 729 - Miscellaneous Personal Services, only including 7291 - Tax return preparation services, and 7299 personal services, only including car title III-2 Words struck gh are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 and tag service, computer photography or portraits, costume rental, dress suit and tuxedo rental, electrolysis (hair removal), hair weaving or replacement service, and tanning salons. 11)Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following Industry Numbers: a. 7311 -Advertising Agencies; b. 7334 -Photocopying and Duplicating Services; c. 7371 -Computer Programming Services. 12)Establishments operating primarily to produce, distribute, and exhibit motion pictures as defined under Major Group 78 in the Standard Industrial Classification Manual. 13)Establishments operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 14)Establishments operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. 8711 -Engineering Services (no outside equipment storage); b. 8712 -Architectural Services (no outside equipment storage); c. 8721 -Accounting, Auditing, and Bookkeeping Services; d. 8732 -Commercial Economic, Sociological, and Educational Research; e. 8742 -Management Consulting Services; f. 8743 -Public Relations Services; g. 8748 -Business Consulting Services. 15)Offices of government as defined under Major Group 91 in the Standard Industrial Classification Manual. 16)Residential Dwelling Units a. Multi-family b. Townhouse c. Two-family attached d. Single family(zero lot line) e. Single family detached III-3 Words legh are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities and Signage. 2) One caretaker's residence. 2) On-site recreational facilities. Residential community recreation facilities located within the C/R tract shall be required to provide a minimum building setback of 30 feet if located adjacent to the perimeter of the PUD. Hours of operation for any outdoor facilities shall be from dawn to dusk. Lighting shall be shielded from adjoining properties and limited to either bollard type lighting limited to the minimum height needed for security purposes or other lighting but no greater than 12 feet in height. 3) Model homes and model sales centers. 3.4 DEVELOPMENT STANDARDS (COMMERCIAL) A. MINIMUM LOT AREA: 10,000 square feet. B. AVERAGE LOT WIDTH: 100 feet. C. MINIMUM YARDS (INTERNAL): 1) Front Yard: 25 feet or one-half of the building height as measured from each exterior wall. 2) Side Yard: One-half of the building height as measured from each exterior wall,with a minimum of 15 feet. 3) Rear Yard: One-half of the building height as measured from each exterior wall. 4) Yards abutting off-site residential land uses: 50 feet. 5) Parcels with two frontages may reduce one front yard by 10 feet. D. MINIMUM YARDS AND BUFFERS (EXTERNAL) A. Land uses proposed on Davis Boulevard (S.R. 84): 50 50-foot setback, except that canopies for gas stations must maintain a 30 30 foot setback, provided no gas pumps or pump islands are located closer than 40 feet from the Davis Boulevard Right-Of-Way. A 2-5--25-foot landscape buffer, in accordance with Section 5.11 of this document, III-4 Words struelf-thfough are deleted;words underlined are added East Gateway MPUD(PL2014-0548) Revised 01-18-2016 "1 r; and Division 2.4 of the Collier County Land Development Code, shall be provided along the entire frontage of Davis Boulevard. B. Where both commercial and residential uses are developed in the commercial/residential tract, a minimum 20' wide type `C' landscape buffer with wall shall be provided between the two uses. Commercial buildings shall be separated from residential dwelling units by a minimum of 50'. E. MINIMUM DISTANCE BETWEEN STRUCTURES: Same as side yards. F. MAXIMUM HEIGHT FOR COMMERCIAL: 35 feet dDirectly adjacent to the Saddlebrook Village PUD, or where a mixture of commercial and residential uses are developed within the C/R Tract. Zoned:35 feet Actual:45 feet 50 feet in aAll other areas when located greater than 50 feet from Saddlebrook Village PUD. Zoned:50 feet Actual:60 feet G. MINIMUM FLOOR AREA: 1,000 square feet per principal structure, on the first finished floor. Kiosk vendor, concessions, and temporary or mobile sales structures are permitted to have a minimum floor area of 25 square feet, and are not subject to setback requirements set forth above. H. MAXIMUM GROSS LEASABLE FLOOR AREA: 200,000 square feet. GAS STATION LOCATION RESTRICTION: Gasoline service stations, as provided for in Subsection 3.3.A.3)b. of this document may only be located east of the P--613MPUD project entrance. J. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of in the Collier County Land Development Code in effect at the time of site development plan approval. K. OUTSIDE STORAGE: Outside storage is prohibited in this RU-DMPUD, with the exception that garden centers and covered storage of materials and products shall be permitted. L. ARCHITECTURAL UNIFORMITY: III-5 Words ogle are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 ■ Commercial development in this P-UDMPUD shall have a common architectural theme for all structures. Guidance for the commonality of architecture may be derived from Division 2.8.Section 5.05.08 of the Land Development Code, or and may be unique to the P-44I MPUD in conformance with the Interchange Master Plan for Activity Center #9. Commercial development site design shall conform with the guidelines and standards of Division 2.8. Section 5.05.08 of the Land Development Code and the Interchange Master Plan for Activity Center#9. M. CARETAKER'S RESIDENCE: One (1) caretaker's residence shall be permitted for the commercial center or one of the commercial buildings, and shall be entered from within that structure. Exits required to comply with fire codes shall be per m d: 2) The caretakers' residence shall be an accessory use, and shall be for the operating or maintaining the shopping center or commercial facilities. 3) Off street parking shall be as for a single family residence in accordance . . • caretaker's residences shall be in addition to any other required parking fac ilities. III-6 Words struck through are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 3.5 DEVELOPMENT STANDARDS (RESIDENTIAL) (TRACT "C/R") PRINCIPAL STRUCTURES TOWNHOUSE TWO-FAMILY MULTI- SINGLE FAMILY SINGLE FAMILY ZERO LOT LINE FAMILY DETACHED Minimum Lot Area 1,800 SF 2,625 SF N/A 3,190 SF 5,000 SF Minimum Lot Width 18 feet 35 feet N/A 31 50 Minimum Lot Depth 100 feet 75 feet N/A 80 100 Min. Front Yard Setback*2 20 feet 20 feet 20 feet 20 feet 20 feet Min.Side Yard Setback 0 or 5 feet 0 or 5 feet 10 feet 0 or 10 feet *3 5 feet Min. Rear Yard Setback*4 15 feet 10 feet 15 feet 10 feet 10 feet Maximum Building Height Zoned 40 feet 40 feet 45 feet 30 feet 30 feet Actual 45 feet 45 feet 50 feet 35 feet 35 feet 1 Story—12' 'A the zoned Minimum Distance Between Structures *1 10 feet building 10 feet 10 feet 2 Story-20' height Floor Area Min. (S.F.), per unit 750 SF 750 SF 750 SF 1,500 SF 1,500 SF Min. PUD Boundary Setback 25 feet 25 feet 25 feet 20 feet 20 feet ACCESSORY STRUCTURES ,., Min. Front Yard Setback 20 feet 20 feet 20 feet 20 feet 20 feet Min.Side Yard Setback 5 feet 0 feet*1 0 feet*1 5 feet 5 feet Min. Rear Yard Setback *4 10 feet 5 feet 10 feet 3 feet 3 feet Min. PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet 15 feet Minimum Distance Between Structures 0/10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet Maximum Height*5 Zoned 25 feet 25 feet 35 feet 25 feet 25 feet Actual 30 feet 30 feet 30 feet 30 feet 30 feet Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Growth Management Division during an application for a building permit. *1 — Building distance may be reduced at garages to a minimum of 0' where attached garages are provided and a 10' minimum separation is maintained,if detached. *2—Front entry garages must be a minimum of 23'from a sidewalk. The minimum 20'setback for a residence may be reduced to 14'for a side-loaded or rear entry garage. Porches,entry features and roofed courtyards may be reduced to 14'. *3—Minimum separation between adjacent dwelling units shall be 10'. *4 - Landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts, the principal and accessory structure setback on the platted residential lot may be reduced to zero (01 feet where it abuts the easement/tract. *5—Privacy walls for zero lot line units may be constructed to a maximum height of 8'. Note:nothing in this MPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. 111-7 Words struck through are deleted; words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 SECTION IV INDUSTRIALBUSINESS PARK/OR RESIDENTIAL DEVELOPMENT AREA (TRACT "IB/R") 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "I/B/R", Industrial/Business Park Development Area on Exhibit "A", PUDMPUD Master Plan. 4.2 MAXIMUM • _ _ _: _! -- INTENSITY OF DEVELOPMENT The 17± acre Industrial/Business Park Development Area (Tract "I/B/R"), shall not be developed with more than 250,000 square feet of industrial/business park uses or up to 250 dwelling units. A maximum of 250 dwelling units shall be permitted within the entire PUD. Instead of the Industrial/Business Park uses, dwelling units shall be permitted throughout the "I/B/R" area. The "I/B/R" Tract shall not be developed with mixed use development consisting of residential development. The "I/B/R" Tract shall be developed entirely with either non- residential or residential uses only. 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses2 (Wholesale and storage uses shall not be permitted immediately adjacent to the I-75 Right-of-Way): 1) Any business engaged in building construction as defined under Major Group 15 in the Standard Industrial Classification Manual. 2) Any business engaged in construction —special trade contractors as defined under Major Group 17 in the Standard Industrial Classification Manual. 3) Any business as defined in the Standard Industrial Classification Manual for the following categories: a. 521 -Lumber and other Building Materials Dealers; b. 523 -Paint, Glass, and Wallpaper stores; 2 Reference Executive Office of the President, Office of Management and Budget,Standard Industrial Classification Manual, 1987 Edition Iv-1 Words struck-through are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 i cy c. 525 -Hardware stores. 4) Any establishment selling prepared foods and drinks for consumption as defined under Industry Number 5812 in the Standard Industrial Classification Manual, not including fast foods, walk-up windows, and drive-through restaurants. 5) Establishments operating primarily in the field of real estate as defined under Major Group 65 in the Standard Industrial Classification Manual. 6) Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following Industry Numbers: a. 731 -Advertising; b. 733 - Mailing, Reproduction, Commercial Art and Photography, and Stenographic Services; c. 734 - Services to Dwellings and Other Buildings; d. 737 -Personnel Supply Services; e. 7382-Security Systems Services; f. 7384-Photofinishing Laboratories. 7) Establishments operating primarily to produce, distribute, and exhibit motion pictures as defined under Major Group 78 in the Standard Industrial Classification Manual. 8) Establishments operating primarily to provide engineering, testing and business consulting for the following Industry Numbers: a. 871 -Engineering,Architectural,and Surveying Services; b. 8734-Testing Laboratories; c. 8748 -Business Consulting Services. 9) Residential dwelling units a. Multi-family b. Townhouse c. Two-family attached d. Single family(zero lot line) e. Single family detached IV-2 Words amuck-through are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities and Signage. 2) One caretaker's residence. 2) On-site recreational facilities, for residential only. Residential community recreation facilities located within the UB/R tract shall be required to provide a minimum building setback of 30 feet if located adjacent to the perimeter of the PUD. An 8-foot wall shall be required when the recreational facility is within 50 feet of any residential structure located within the Saddlebrook PUD. Hours of operation for any outdoor facilities shall be from dawn to dusk. Lighting shall be shielded from adjoining properties and limited to bollard type lighting limited to the minimum height needed for security purposes but no greater than 12 feet in height. 3) Model homes and model sales centers. 4.4 DEVELOPMENT STANDARDS FOR INDUSTRIALBUSINESS PARK A. MINIMUM LOT AREA: 20,000 square feet. B. AVERAGE LOT WIDTH: 100 feet. C. FLOOR AREA RATIO (FAR): All industrial land uses (as set forth in the I, shall not be limited by a floor area ratio. D.C. MINIMUM YARDS (INTERNAL): 1) Front Yard: 30 feet. 2) Side Yard: The sum total of the side yards shall be 20 percent of the lot width, not to exceed a maximum of 50 feet. This yard requirement may be apportioned between the side yards in any manner, except that neither side yard may be less than 10 feet. A zero lot line option may be used in a unified plan of development involving one or more lots under common ownership where the preceding yard requirements are met relative to the unified plan. 3) Rear Yard: 15 feet. 4) Yards abutting off-site residential land uses: 50 feet. 5) Parcels with two frontages may reduce one front yard by 10 feet. IV-3 Words Lek-through are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 gtfi, E.D. MINIMUM DISTANCE BETWEEN STRUCTURES: Same as side yards. I'=`-E. MAXIMUM HEIGHT: 35 feet directly adjacent to the Saddlebrook Village PUD. 50 feet in all other areas. ChF. MAXIMUM GROSS LEASABLE FLOOR AREA: 250,000 square feet. M G. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan approval. 4TH. OUTSIDE STORAGE: Outside storage is prohibited in this PUDMPUD, with the exception that garden centers and covered storage of materials and products shall be permitted. I. ARCHITECTURAL UNIFORMITY: Industrial/business park development in this PUDMPUD shall have a common architectural theme for all structures. Guidance for the commonality of architecture shall be derived from Section 5.05.08 Division 2.8. of the Land Development Code, or and may be unique to the PUDMPUD in conformance with the Interchange Master Plan for Activity Center #9. Industrial/business park development site design shall conform with the guidelines and standards of Division 2.8. Section 5.05.08 of the Land Development Code and the Interchange Master Plan for Activity Center#9. K. CARETAKER'S RESIDENCE: development area, subject to the following: 1) The residence shall be constructed as an into_ -• e - - within that structure. Exits required to comply with fire codes shall be permitted. 3-}IZOff street parking shall be as for a single family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan application. Parking for the caretaker's IV-4 Words e4E-thr-eugli are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 4.5 DEVELOPMENT STANDARDS (RESIDENTIAL) (TRACT "IB/R"): PRINCIPAL STRUCTURES TOWNHOUSE TWO-FAMILY MULTI-FAMILY SINGLE FAMILY SINGLE ZERO LOT LINE FAMILY DETACHED Minimum Lot Area 1,800 SF 2,625 SF N/A 3,190 SF 5,000 SF Minimum Lot Width 18 feet 35 feet N/A 31 50 Minimum Lot Depth 100 feet 75 feet N/A 80 100 Min. Front Yard Setback*2 20 feet 20 feet 20 feet 20 feet 20 feet Min.Side Yard Setback 0 or 5 feet 0 or 5 feet 10 feet 0 or 10 feet *3 5 feet Min. Rear Yard Setback*4 15 feet 10 feet 15 feet 10 feet 10 feet Maximum Building Height Zoned 40 feet 40 feet 45 feet 30 feet 30 feet Actual 45 feet 45 feet 50 feet 35 feet 35 feet Minimum Distance Between Structures *1 10 feet 1 Story—12' the zoned 10 feet 10 feet 2 Story-20' building height Floor Area Min. (S.F.), per unit 750 SF 750 SF 750 SF 1,500 SF 1,500 SF Min. PUD Boundary Setback 15 feet 15 feet 20 feet 15 feet 15 feet Min. Preserve Setback 25 feet 25 feet 25 feet 25 feet 25 feet ACCESSORY STRUCTURES Min. Front Yard Setback 20 feet 20 feet 20 feet 20 feet 20 feet Min.Side Yard Setback 5 feet 0 feet*1 0 feet*1 5 feet 5 feet Min. Rear Yard Setback*4 10 feet 5 feet 10 feet 3 feet 3 feet Min. PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet 15 feet Min. Preserve Setback 10 feet 10 feet 10 feet 10 feet 10 feet Minimum Distance Between Structures 0/10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet Maximum Height*5 Zoned 25 feet 25 feet 35 feet 25 feet 25 feet Actual 30 feet 30 feet 30 feet 30 feet 30 feet Minimum lot areas for any unit type may be exceeded. The unit type,and not the minimum lot area, shall define the development standards to be applied by the Growth Management Division during an application for a building permit. *1 — Building distance may be reduced at garages to a minimum of 0' where attached garages are provided and a 10' minimum separation is maintained,if detached. *2—Front entry garages must be a minimum of 23'from a sidewalk. The minimum 20'setback for a residence may be reduced to 14'for a side-loaded or rear entry garage. Porches,entry features and roofed courtyards may be reduced to 14'. *3—Minimum separation between adjacent dwelling units shall be 10'. *4 - Landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts, the principal and accessory structure setback on the platted residential lot may be reduced to zero (0) feet where it abuts the easement/tract. *5—Privacy walls for zero lot line units may be constructed to a maximum height of 8'. Note:nothing in this MPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. TV-5 Words struck through are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 GENERAL 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 P-4-4-14MPUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PU-3MPUD 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 follow the Master Development Plan and the regulations of the P4413MPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a master association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 53 P-U DMPUD MASTER DEVELOPMENT PLAN A. Exhibit "A", PU-BMPUD 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 anytime at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. P. All necessary casements. dedications, or other instruments shall he granted to areas in the project. v-1 Words struck-threugh are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 C. The Community Development and Environmental Services Administrator, or his East Gateway PUB Master Plan upon written request of the developer. 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the East Gateway PUD document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. uses, and shall not create detrimental impacts to abutting land uses, 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 7.3.C.1) of this document: a. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in preserve area, such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of vehicular circulation patterns. 3) Minor changes and refinements, as described above, shall be reviewed by Ordinances and regulations prior to the Administrator's consideration for approval. V-2 Words struck gh are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 (6—'.. 4) Approval by the Administrator of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement 5.4 .' - :. ! ! :. • :• MONITORING REPORT AND SUNSET PROVISION -e Sunset Provisions of Section 2.7.3.1 of the Land Development Code. However, given the subject PUD's location on a "currently deficient" State roadway facility, that has no programmed improvement schedule, The time period described by that Section 2.7.3.4 Shall not run until roadway capacity has been allocated to the PUD. B. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is BC Naples Investments, LLP., 2600 Golden Gate Parkway, Naples, FL 34105. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 5.5 TRANSPORTATION The development of this PU-BMPUD Master Development Plan shall be subject to and governed by the following conditions: A. All traffic control devices used must be in accordance with the Standards adopted by the Florida Department of Transportation (FDOT), as required by B. All traffic speed limit postings must be in accordance with the Speed Zoning Manual as adopted by the Florida Department of Transportation (FOOT), as V-3 Words struelf-thr-ough are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 ``J; Law. ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). D. External and internal improvements determined by Collier County Transportation staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. Said improvements will be in place prior to the issuance of the first Certificate of Occupancy (CO). E. Road. Impact Fees will be paid in accordance with Collier County Ordinance 2001 13, as amended, and will be paid at the time building permits we issued, unless otherwise approved by the Collier County Board of Commissioners(CCBCC). F. Access as shown on the PUD-Master Development Plan is conceptual in nature and subject to change for consistency with the Land Development Code (LDC), as amended, Collier County Access Manna- - - ; ,. . State Highway System Policy, as amended. Median access and control will remain under Collier County's, and the Florida Department of Transportation's (FDOT's) authority, as may be applicable. These agencies each reserve the right to modify or close any median-openings that have been determined by their respective staffs to have an adverse affect on the health, safety, and welfare of the public. These include but are not limited to safety concerns, operational right in/right out condition. Neither will the existence, or lack of, a future median opening be the basis for any future cause of action for damages against Collier County, and/or the Florida Department of Transportation (FDOT), by the developer(s), its successor(s) in title, or assignee(s). H. Frontage, midpoint and/or reverse frontage interconnection(s) may be required by Collier County Transpeftation staff as -a condition of site development plan appfe 4A. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the proportionate cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County. W warranted, uUpon the completion of the installation, inspection, burn-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) will be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County or FDOT for operations V-4 Words struelf-through are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 and mantenance Transportation Operations. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other developer(s)/neighboring property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. including bicyclists, and will provide for the safety of pedestrians crossing said roadways. Bicyclist and pedestrian travel ways will be separated from vehicular by Collier County Transportation staff K. The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the project entrance(s) prior to the issuance of the first improvement(s), whether left turn lane - _. _, :. _ be necessary, right of way and/or compensating right of way, will be provided in conjunction with said improvement(s). 1 All accesses and roadways not located within Collier County's and/or Florida Department of Transportation's (FDOT's) rights-of-way will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). _ 7e roads shall be established specifically when frontage is not adequate to meet the access spacing requirements of the Collier County Access Management Policy, as amended, and the Florida Department of Transportation (FDOT) Access Management On The State Highway System Policy, as amended. O. No direct access to the 175 Right of Way will be permitted. P. The Davis Boulevard/S.R. 84 Project Development and Environmental Study prepared by the Florida Department of Transportation (FDOT) identified that additional right of way required for the 6 laving improvements, between Radio Road and Collier Boulevard/CR 951, would be obtained from lands south of the existing Davis Boulevard/SR 81 right of way. Should the Florida Department of proposed right of way needs, reservation of right of way for dedication for improvements to Davis Boulevard/SR 84 must be identified on either the V-5 Words struck ough are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 prior to the first certificate of occupancy, or within ninety days of the request by Collier County. Any compensation for the right of way will be consistent with the requirements of the Land Development Code (LDC), as amended. No buffers/easements or other facilities may be designated within the Davis Boulevard/SR 84 future right of way. Q. The development will not be permitted to proceed until such time as improvements are made to Davis Boulevard/SR 84 and Collier Boulevard/CR 951, within the area of impact, or it has been demonstrated by generally accepted transportation - • .. • • -: - .:/SR 81 and Collier Boulevard/CR 951 will operate at acceptable levels of service with all, or part of the proposed site impacts. This to Davis Boulevard/SR 84 and Collier Boulevard/CR. 951 and study data supports that additional capacity has been made available for increased development within the area of impact as a result of said improvements. C. The project shall be limited to a maximum trip generation to 927 unadjusted PM Peak Hour, two way trips. D. The portion of the joint access/frontage road/interconnection shown on the PUD Master Plan from I-75/Alligator Alley CPUD located within the MPUD which connects Bedzel Circle to the intersection of SR 84 (Davis Boulevard) and Market Street shall be constructed to the property line prior to issuance of the first Certificate of Occupancy for a residential unit or end commercial user. Temporary construction trailers, models and sales facilities shall be permitted prior to the completion of the frontage road. 5.6 WATER MANAGEMENT The development of this PUD Master Development Plan shall be subject to and. A. Detailed paving, grading and site drainage plans shall be submitted to B. An excavation permit will be required for the any proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. C V-6 Words struck-through are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 the criteria established in Section 2.4.7.1 of the Collier County Land Development Code. C. The vet season water table shall be established at the time of South Florida Water Management District permitting. - - .. development plan or construction plan approval. 5.76 UTILITIES . _ ... _ . <.... ., -- _ - --inn d- erned- by the following conditions: • project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 97 17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. Collier County Water Sewer District's water main available and adjacent to the project's south boundary. A. At time of subdivision platting or first Site Development Plan, a 20' wide non- exclusive easement will be provided by owner along the western boundary of the project to the CCWSD for water and wastewater conveyance along with construction and access easements. This easement may be combined with landscape buffer and drainage easements in a manner approved by Collier County. 5.87 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and Collier County wetland rules. V-7 Words struelf-through are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 B. All conservation areas shall be designated as conservation/preservation tracts or•. , . ection 701.06,Florida Statutes. C. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Commission (FWC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Planning Services Staff for review and approval prior to final site plan/construction plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to E. The Preserve associated with the PUD's westerly boundary shall be no less than 116 feet in width. 5.9 ACCESSORY STRUCTURES 5.10 SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code, and the Activity Center 119 Interchange Master Plan. 5.448 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS throughout the East Gateway PUD, except in preserve ar-sas. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1) Grassed berms 3:1 2) Ground covered berms 3:1 3) Rip Rap berms 1:1 V-8 Words stalk-thy are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 1) Structural walled berms may be vertical. B. Fencing materials shall be of either wood or masonry. C. Fence or wall maximum height: 9 feet, as measured from the finished grade of the ground at the base of the fence or wal . - :- - ' : - ' finished grade shall be considered no greater than ]8 inches above-the crown 6 feet in height from the top of berm elevation with an average side slope of greater than 4:1 (i.e. 3:], 2:1, 1:1,or vertical). frontage on 175. Development Code. F.A. For commercial and/or industrial development 4a 25-foot wide "Type D" buffer, as set forth in Section 2.1.7.4. of the Land Development Code, including a fence/wall, shall be installed parallel with, and along the PU }MPUD's westerly boundary, south of the Preserve, extending south to the 44-DMPUD Property boundary. For residential development, buffering shall be per the Collier County Land Development Code or this PUD. 5.12 Except where provided for elsewhere in this document, all landscaping for off street parking areas s-hall be in accordance with Division 2.4 of the Collier County Land Development Code, and the Activity Center 119 Interchange Master Plan. 5.9 MISCELLANEOUS A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B. All other applicable state or federal permits must be obtained before commencement of the development. V-9 Words 64141611-through are deleted;words underlined are added. East Gateway MPUD(PL2014-0548) Revised 01-18-2016 --------"--jll'444L'""' '/17'p - - - -C1 w PRESERVE' * '0 DEVIATIONS: (5:97+±) lima SEE SECTION 2.13 OF THE PUD y 0' w 0 50' 300' ORDINANCE , , , „ , , „ w „ , SCALE: 1" = 300' 11. ON-PREMISE DIRECTIONAL SIGN N TRACT "I/B/R" I [_?_j[_?_j RIGHT-OF WAY WIDTH Imo_INDUSTRIAL/BUSINESS PARK OR N RESIDENTIAL DEVELOPMENT I 3d PRESERVATION STANDARDS - cc cn 0 Liz 4. PRESERVATION STANDARDS Ic m 01 Izm mI - cn 00 - - I °0 m DI C °1o ZONED: PUD I cN ZONED: I-75/ALLIGATOR USE: MULTI-FAMILY ALLEY CPUD RESIDENTIAL o I USE: UNDEVELOPED, m -1 HOTEL AND Do tj I RESTAURANTS - c m T TRACT "C/R" W PRESERVES:- I m W I COMMERCIAL/RESIDENTIAL C REQUIRED: 7.72±ACRES" I m DEVELOPMENT m (30.87±ACRES NATIVE VEGETATION 21 7J I X 25%=7.72±ACRES) C *6.37±ACRES OF PRESERVE SHALL BE I m RETAINED ON-SITE AND 1.35±ACRES C7 WILL BE PROVIDED OFF-SITE. O z I 1 1 BEDZEL CIRCLE toy-6 PRESERVE (0.4±) !11-1 — 25'WIDE TYPE NOTES 'D' BUFFER 25' WIDE TYPE 'D' BUFFER I ■ I — 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR DAVIS BOULEVARD (100' ROW) MODIFICATION DUE TO AGENCY SITE SUMMARY PERMITTING REQUIREMENTS. 2. ALL ACREAGES, EXCEPT PRESERVE, ARE APPROXIMATE AND SUBJECT TO TRACT"C/R" 20±ACRES(200,000 SF/598 DU") MODIFICATION AT THE TIME OF SDP TRACT"I/B/R" 17±ACRES(250,000 SF/598 DU") OR PLAT APPROVAL IN ACCORDANCE TOTAL PROJECT AREA 37±ACRE WITH THE LDC. "A MAXIMUM OF 250 UNITS ARE PERMITTED WITHIN THE MPUD EAST GATEWAY MPUD SCALE ©GradyMinor Gr:,�,111norgngss0elg1es.1 1 JOB CODE: 140001 In Del Wry Soling Springs,wornm 34134 EXHIBIT A DATE D Civil Engineers Land Surveyors . Planners • Landscape Architects MASTER PLAN F.NAME: Cer001AU10.011 0005151 Coil.oI.1utE.LB 0005151 0usl,,000 LC 20000266 .-umm.w pae ap REVISED 01/12/2016 Bonita Springs:230.947.1144 "n n',Grn,l)Mao r,coo Fort Myers,239.690.4300 SHEET 1 OF 1 \\OGM.LOCAL\FILES\PLANNING\PROJ - PLANNING\EGPUDA- EAST GATEWAY PUS AMEND\DRAWINGS 3EGPUDA EXHIBIT A- WASTER PLAN (REDO BCC).DOG 1/13/2016 8:43 AAA 'IV 6b:R 910Z/f l/I (ZA121) NOI1Ol5 X MOH -P IIRIHX3 VOf1dO1\SONIMVHO\ONIYVV f11L1 AVM'IVO I SYi-Vflfldll\ONINNYId - rold\ONIINHYld\5711{\1VM'IVO\\ O o `z -j _ 3 c 2 Q U J U a a co x w w cK O 1i1 a a U w a I 1 r= co (/) Q O Z cNI 0 Z a' M 0 o z w ~ li \ V) v N O N 1- c O ^� Q J w O Z O J g m O L z_ ‘g w D V)Q % a m a a w x X a w W C1 w o N W h I w CL Tr) 213A03 'NIA „0� "' w 03 _ _ N Z O Q o 1 N 1 S■ CV ~ I I N U_ Mi O m Y O _1 Z 6:r N N J 111 ,{' _ p. n t' < \ e s • 8 O O C� - - • , ,/ S° e i— Ili \Z O E= a < — w °, g ra j 5 N Ir C•• i \\ EL Gff \ c I / '//\ c V wz I W o � N w IQ o_ L. W O ' Y r I < Ca II w Z _ N W W ...1 J Q 0 1- o w _e„t w (m »«.e-1H) _ _Va_m m -� _m m.��w s \ _ x } _ \ ` § � §■' \ . u ��9 `s� . ! 1 \ \ e j 63 / ) ® 3 = I � D\ \ � \ S z >Z \ § � [ < 2 < o u I-. z 3 / ago am 32 \y S5 / eu 6 \ \ /= yy � - - »y s^ y / j \ 3 \\ b \ # / s >- uz = 'in 7 e / $ p < 2 \ /// , § \ / y \ \ / I \ \ < \ / LI CV § / § � / .4 . . < & / � 0 - \ >.Zk a \» \ < ~- k . '\ )) , » : \ \ I - - . \) /n +) j \ & ,E a # & u ƒ! • � � �� \\\ \\ 5 \! « \ o < \ E - • / i \ •\ >, ^ fiW ! �( {» V'' \ C.. �: $ 1 la /) A nI -- - - § j \�\ § 2 . \ e \ - 2/ / § /� / 0 in I \ O _ =m \. 51• Slt1 'St Z,� FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State January 21, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn, 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. 16-02, which was filed in this office on January 21, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb 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