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Agenda 03/12/2013 Item # 8A
Proposed Agenda Changes Board of County Commissioners Meeting March 12,2013 Continue Item 6B to the March 26,2013 BCC Meeting: This item continued from the February 26,2013 BCC Meeting. Public Petition request from Randall J.Cohen regarding practices and procedures. (Petitioner's request) Move Item 8A to Item 9A:This item to be heard at 1:00 p.m. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve the Creekside Commerce Park Commercial Planned Unit Development amendment. (Staffs request) Move Item 8B to Item 9B: This item to be heard at 2:00 p.m. This item requires that ex parte disclosure be provided by Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve the Top Hat Auto Commercial Planned Unit Development amendment. (Staff's request) Continue Indefinitely Item 11C: Recommendation to review the history and public benefit associated with the proposed Whippoorwill Lane and Marbella Lakes Drive connection project,consider current comments from the public and after consideration,provide direction to the County Manager or his designee prior to soliciting an invitation to bid for this project. (Staffs request in conjunction with the Homeowners Association request in order to further evaluate traffic impacts and the appropriate timing of improvements.) Note Item 10H: Recommendation is modified,in part,as follows: "...the applicant shall not be affiliated directly,nor indirectly with any local hospital,or,in the alternative,must be affiliated with all local hospitals..." (Commissioner Hiller) Time Certain Items: Item 13A to be heard at 10:00 a.m. Item 11B to be heard at 11:00 a.m. Item 14A1 to be heard at 11:15 a.m. Item 8A 9A to be heard at 1:00 p.m. Item 8B-9B to be heard at 2:00 p.m. 3/20/2013 3:59 PM 3/12/2013 8.A. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve PUDA-PL20120000111, Creekside Commerce Park Commercial Planned Unit Development (CPUD), an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD), as amended, by amending Section III, Industrial/Commerce District, to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities as additional uses, establishing a floor area ratio of.6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height; by amending Section IV, Business District, to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities as additional uses, establishing a floor area ratio of.6 for the additional uses,and revising the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height for the CPUD property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, consisting of 105 acres; and by providing an effective date. OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The Creekside Commerce Park CPUD project was approved in Ordinance Number 06-50 on October 24, 2006. (Please see attached Ordinance number 06-50.) The petitioner is proposing to add additional land uses to PUD Section III, Industrial/Commerce District and to PUD Section IV, Business District: hotel, motel (SIC Code 7011), independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care (SIC Code 8052). The petitioner also seeks a deviation from the Floor Area Ratio (FAR) standard of.45 for ALF (Adult Living Facility) to .6, and to revise the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height for the CPUD property. The Project provides for the following amendments to PUD Section 3 "Industrial/Commerce District"and PUD Section 4 "Business District:" • Add new land uses: hotel, motel (SIC Code 7011), group housing and intermediate care facilities (SIC Code 8052). • A Floor Area Ratio (FAR) of.6 for group housing and intermediate care facilities (SIC Code 8052). • Add one hotel/motel to the PUD with a maximum of 240 rooms. The hotel/motel is limited to parcels east of Goodlette-Frank Road. Packet Page-60- 3/12/2013 8.A. • A maximum of 400 beds for the elderly group housing, limited to assisted living facilities (ALF), independent living units, skilled nursing units, continuing care retirement communities; health services, medical clinics and offices (SIC Code 8011-8049, 8052). These land uses are limited to parcels east of Goodlette-Frank Road. For parcels located east of Goodlette-Frank Road, the following development standards shall apply: - The minimum building setback from Goodlette-Frank Road is 50 feet. In addition, for any portion of a building exceeding a zoned height of fifty feet (50'), that portion of the building shall have the setback increased at a 2:1 ratio (i.e. two feet (2') of horizontal distance for each one foot(1')of vertical distance). - A maximum zoned building height of 75 feet and an actual height of 85 feet. For B designated tracts located east of Goodlette-Frank Road and south of Immokalee Road the following development standards shall apply: - The minimum building setback from Immokalee Road is 50 feet. In addition, for any portion of a building exceeding a zoned height of fifty feet(50'),that portion of the building shall have the setback increased at a 3:1 ratio (i.e. three feet (3') of horizontal distance for each one foot(1')of vertical distance). - For any portion of a hotel that may be constructed on the B designated tract at the southeast corner of Goodlette-Frank Road and Immokalee Road, a minimum five hundred foot (500') building setback from Immokalee Road. - The minimum building setback from Goodlette-Frank Road is 50 feet. In addition, for any portion of a building exceeding a zoned height of fifty feet (50'), that portion of the building shall have the setback increased at a 2:1 ratio (i.e. two feet (2') of horizontal distance for each one foot(1')of vertical distance). - The B designated tract located at the southeast quadrant of the Goodlette-Frank Road and Immokalee Road intersection shall have a zoned height of sixty feet (60') and an actual height of seventy feet(70'). No portion of a hotel building or hotel structure constructed on this tract may exceed a zoned height of fifty feet(50'). - The easternmost B designated tract adjacent to Immokalee Road, as shown on the Master Plan, shall have a zoned height of sixty-five feet (65') and an actual height of seventy-five feet(75'). In addition,the following operational requirements have been added for the group housing: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off- Packet Page-61- 3/12/2013 8.A. site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. The petitioner seeks to amend Ordinance number 06-50 to allow the changes noted previously. There are no changes to the boundaries of the Preserve Tracts. The density is up to 620,000 square feet of gross floor area of industrial/commerce uses on tracts designated as "I/C" and up to 190,000 square feet of floor area on tracts designated as `B." The proposed land uses have an FAR of up to .60 and are in addition to the gross floor areas of 620,000 and 190,000 square feet. FISCAL IMPACT: The PUD amendment by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the PUD amendment is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP)IMPACT: Future Land Use Element(FLUE): Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element. A more detailed description of the GMP consistency is contained in the Staff Report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDA-PL20120000111, Creekside Commerce Park CPUD on January 17, 2013, and by a vote of 8 to 0 recommended to forward this petition to the Board of County Commissioners (BCC)with a recommendation of approval subject to the following conditions: 1. There will be a limit of one hotel [within the PUD]. 2. The new [proposed] standards and uses only apply to tracts east of Goodlette-Frank Road. 3. PUD section 4.3.A.1 shall be deleted. Packet Page-62- 3/12/2013 8.A. 4. There will be no structural part of the hotel within 500 feet of Immokalee Road. The portion on parcel B will be limited to a 50-foot building height. 5. The corner property [south east intersection of Goodlette-Frank and Immokalee Road] parcel `B" shall be limited to a 60-foot zoned building height. 6. The easternmost parcel `B" shall be limited to a 65-foot zoned building height. 7. The I/C parcel [located east of Goodlette-Frank Road] shall be a zoned 75-foot building height. 8. The building setback along Immokalee Road beyond a 50-foot building height shall be stepped back at 3:1 [3 horizontal feet for every 1 vertical foot of height]. 9. The building setback along Goodlette-Frank Road beyond a 30-foot building height shall be stepped back at 2:1 [2 horizontal feet for every 1 vertical foot of height]. These conditions have been incorporated into the PUD document. While the CCPC approval recommendation was unanimous, documents objecting to the petition were received and this petition has been placed on the Regular Agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing Creekside Commerce Park Commercial Planned Unit Development (Ordinance No. 06-50) as described in this Executive Summary. The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Rezones: Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Packet Page-63- 3/12/2013 8.A. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? Packet Page-64- 3/12/2013 8.A. 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a"core"question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. An affirmative vote of four is required for Board approval. (HFAC) RECOMMENDATION: Staff concurs .with the recommendation of the CCPC and further recommends that the Board of County Commissioners approve the request for PUDA- PL20 1 20000 1 1 1, Creekside Commerce Park CPUD subject to the CCPC conditions of approval as previously stated in the CCPC Recommendation section of this Executive Summary. Prepared by: Nancy Gundlach, AICP, RLA Planning&Zoning Attachments: 1) Staff Report 2)Application 3) TIS 4) Colliers Reserve Recommendations/Objection Packet Page-65- 3/12/2013 8.A. 5) Ordinance 06-50 6) Ordinance Packet Page-66- 3/12/2013 8.A. COLLIER COUNTY Board of County Commissioners Item Number: 8.8.A. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve PUDA-PL20120000111, Creekside Commerce Park Commercial Planned Unit Development (CPUD), an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 2006-50,the Creekside Commerce Park Commercial Planned Unit Development (CPUD), as amended, by amending Section III, Industrial/Commerce District,to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities as additional uses, establishing a floor area ratio of.6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height; by amending Section IV, Business District,to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities as additional uses, establishing a floor area ratio of.6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height for the CPUD property located in Section 27,Township 48 South, Range 25 East, Collier County, Florida, consisting of 105 acres; and by providing an effective date. Meeting Date: 3/12/2013 Prepared By Name: GundlachNancy Title:Planner,Principal,Comprehensive Planning 2/12/2013 3:54:18 PM Approved By Name: BosiMichael Title:Manager-Planning,Comprehensive Planning Date: 2/20/2013 1:21:39 PM Name: PuigJudy Title: Operations Analyst, GMD P&R Packet Page-67- 3/12/2013 8.A. Date: 2/20/2013 3:33:26 PM Name: BellowsRay Title: Manager-Planning,Comprehensive Planning Date: 2/22/2013 8:46:42 AM Name: MarcellaJeanne Title:Executive Secretary,Transportation Planning Date: 2/26/2013 1:25:31 PM Name: AshtonHeidi Title: Section Chief/Land Use-Transportation,County Attor Date: 2/27/2013 4:39:38 PM Name: KlatzkowJeff Title: County Attorney Date: 2/28/2013 3:38:23 PM Name: FinnEd Title: Senior Budget Analyst,OMB Date: 3/1/2013 3:43:22 PM Name: OchsLeo Title: County Manager Date: 3/3/2013 10:47:59 AM Packet Page-68- 3/12/2013 8.A. AGENDA ITEM 9-B Colter County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION. TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING&ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: JANUARY 17, 2013 SUBJECT: PUDA-PL20120000111, CREEKSIDE COMMERCE PARK CPUD (COMMERCIAL PLANNED UNIT DEVELOPMENT) APPLICANT: AGENT: Creekside West, Inc. and Creekside Mr. D. Wayne Arnold East, Inc. Q. Grady Minor&Associates, P.A. 2600 Golden Gate Parkway 3800 Via Del Rey Naples, FL 34105 Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an amendment to Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD), as amended, by amending Section III, Industrial/Commerce District, to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities as additional uses, establishing a floor area ratio of.6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height; by amending Section IV, Business District, to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities as additional uses, establishing a floor area ratio of.6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height for the CPUD; and by providing an effective date. GEOGRAPHIC LOCATION: The subject 105± acre PUD (Planned Unit Development) is located in Section 27, Township 48 South, Range 25 East, Collier County,Florida. (See the location map on the following page.) CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 1 of 17 Packet Page-69- 3/12/2013 8.A.1171111 P111171:— . 11 2°1 I ° Z t lam rilliairt, '0153(p ‘10.1 w) 8 onec 4 , ,_ _ . , _v. _ -.a QM. 4 IrAly i 1 IV If i 7 o 1 Mr ii/ . y 1 �RANM R R.lS,i m 1111: J i rn At____migii.oi 1 illi:iiiM .:.''''''''""11::1:::::::::i1:1111111 i'.. *At • ', z 1;;1-7-17----, 1 ",0...:111 11:1..:...1.11.1.1.'.1111..:: iiik .....,,„„„,„,....., to ., . ., : ,..,.,...... ,,,........... . ... . . .. ... ......•...... ...... : ............... ... ................... .... ..... ...... ..„.. . .., . MI ::::i!S:;;Iiiiii Ri i: :::;:;!:!:.,.. , *3.-0114. ' NI Sit 111111111111111111111 Ini Gt a i 0" i iiiii4i,iiiiiiic. 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PREPARED FOR,BARRON COLIJER PARTNERS-1R ,.......r. ySpm p �R.0 q GFC£1�£WYY£RC£PARS YPRR 4_�,Q.m. 1mPoR Alm .S�C4tTtS PA k7NIBR B ♦� ..._rte p r ? •NHG.PfUAL IIIS7ER PLAN Ale taw+aarc mars. i+na.sr .�.'r I .""=........”. ..... .. w .o.. ,---. Y - _...--=...� m...„,. ■".`..".'r`Im....n.es,-r Packet Page-71- 3/12/2013 8.A. PURPOSE/DESCRIPTION OF PROJECT: The Creekside Commerce Park CPUD project was approved in Ordinance Number 06-50 on October 24, 2006. (Please see Attachment B: Ordinance number 06-50.) The petitioner is seeking to add additional land uses to PUD Section III, Industrial/Commerce District and to PUD Section IV, Business District: hotel, motel (SIC Code 7011), independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care (SIC Code 8052). The petitioner also seeks a deviation from the Floor Area Ratio (FAR) standard of .45 for ALF (Adult Living Facility) to .60, and to revise the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height for the CPUD property. The Project provides for the following amendments to PUD Section 3 "Industrial/Commerce District"and PUD Section 4 "Business District:" • Add new land uses: hotel, motel (SIC Code 7011), group housing and intermediate care facilities (SIC Code 8052). • A Floor Area Ratio (FAR) of.60 for group housing and intermediate care facilities (SIC Code 8052). • A maximum of 240 rooms for the hotel/motel. • A maximum of 400 beds for the for elderly group housing, limited to assisted living facilities (ALF), independent living units, skilled nursing units, continuing care retirement communities; health services,medical clinics and offices (SIC Code 8011-8049, 8052). • A maximum zoned building height of 75 feet for buildings east of Goodlette-Frank Road. In addition,the following operational requirements have been added for the group housing: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. The petitioner seeks to amend Ordinance number 06-50 to allow the changes noted previously. There are no changes to the boundaries of the Preserve Tracts. The Project does not propose to increase the approved density. The density is up to 620,000 square feet of gross floor area of industrial/commerce uses on tracts designated as "I/C" and up to 190,000 square feet of floor area CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 4 of 17 Packet Page-72- 3/12/2013 8.A. on tracts designated as `B." The project is further limited to 400 medical related beds and a FAR of.60, and up to 240 hotel/motel rooms. SURROUNDING LAND USE AND ZONING: North: Immokalee Road then (Collier's Reserve), 506± acres of mixed-use: 61.4± acres commercial, 385 residential units, .87 units per acre, zoned Collier Tract 22 PUD; and a 61± acre professional health center (North Collier Hospital) zoned Collier Health Center PUD, East: Collier County Utilities Division Water Plant, zoned Industrial; a 17.74± acre commercial and medical park, zoned Southwest Professional Health Park PUD, South: 2,104± acres of mixed-use: 80± acres commercial/industrial, 8,600 residential units, 4.26 units per acre,zoned Pelican Marsh DRI(Development of Regional Impact), West: 35.24± acre business park, zoned The Naples Daily News BPUD (Business Park Planned Unit Development). L. 4 *,,~7 .:, rx,,,,:w:ar =MYIMOKk..WRI ,.�. ,, 1'i .,n;«r; "C'Aw., '',"•'"'" ,, "I.y.i°,4,3-- , 1=1,44 - ; s y s CRS CSI NVA 'j. ::�, SUBJECT t f ,1 ', 1 PROPERTY ) , I r ! i ,z -ca A o. ir'--t-"r,. rr..r c',,.— ., ,,,,a,Fif,rie.-- ..., ,, - ,,- ...,,,, — ,_, Itlir '''' ....- Ar .. t.r: ,._., , .:, ,e,.. , - ,, - - ,,,,..--,. , 41,.t*r :I'-• ■ f, I (,. — , Z . ,,,'11, . tr _ "4 -4-L„::,' 8,�1 ‘, L x r.::;.. . mr..'l ft . 'K iir i ph -4 AERIAL PHOTO CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 5 of 17 Packet Page-73- 3/12/2013 8.A. GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: Future Land Use Element: The subject property is designated Urban(Urban-Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan. The existing PUD, which allows a variety of commercial and industrial uses, was approved in 1997 by Ordinance No. 97-51; FLUE consistency for that approval is contained in the Statement of Compliance. The PUD was amended in 2006 by Ordinance No. 06-50 to subtract 3.11+/- acres at the northwest corner of the PUD so that it may be incorporated into the existing Naples Daily News Business Park PUD. Such amendment was deemed consistent with the FLUE by certain policies under Objective 5, and via the provision allowing medical offices and other similar uses within 1/4 mile of a major medical facility such as North Collier Hospital. In regard to the subject PUD amendment petition, no changes to the '/4 mile restriction for medical facilities are being proposed for the additional uses as part of this amendment petition. One additional medical related use is proposed (intermediate care), and it is limited in the PUD amendment to within the 1/4 mile distance from the North Collier Hospital tract (in the Collier Health Center PUD). The proposed group housing uses (assisted living facility, etc.) are specifically allowed in the existing Future Land Use designation. In regard to the proposed Hotel/Motel use, it is not allowed by the existing Future Land Use designation. However, the existing PUD was approved based upon a prior FLUE provision and is now deemed consistent by FLUE Policy 5.12. Accordingly, FLUE Policy 5.1 is applicable in evaluating the proposed hotel/motel use. It states, in relevant part: "Policy 5.1: All rezoning must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: b. For such industrially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district." *** *** text break *** *** *** "e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district." FLUE Policy 5.1 contains a two-part test. Below is Staff's analysis and determination of each part. In comparing zoning district intensity, it is necessary to determine the lowest intensity zoning district(s) in the LDC (Land Development Code) allowing the existing uses in the PUD to the lowest intensity zoning district in the LDC allowing the proposed hotel/motel use. The existing CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 6 of 17 Packet Page-74- 3/12/2013 8.A. PUD allows some uses only found in the C-5(Heavy Commercial), BP(Business Park), and I (Industrial), zoning districts. The proposed hotel/motel use is allowed by conditional use in the C- 4 (General Commercial) zoning district when the site is located outside of an Activity Center, as is the case here. Commercial zoning districts in the LDC are viewed as increasing in intensity from C-1 (Commercial Professional and General Office), as lowest intensity to C-5 as highest intensity. Further, the "I zoning district is viewed as higher intensity than the commercial zoning districts. Conclusion: The new zoning district (proposed use) is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district. In comparing public facility impacts to determine overall intensity, it is necessary to have a comparative analysis of impacts from uses allowed in the existing zoning district and the proposed use upon facilities (usually viewed as category A public facilities) - arterial and collector roads, potable water and sanitary sewer (wastewater), drainage, solid waste, and parks and recreation facilities. The applicant provided such a comparative analysis of public facility impacts: drainage facilities — which are the same; roads, water, sewer and solid waste — which are reduced; and, parks and recreation facilities—which are increased. Conclusion: Staff concurs with the applicant's assertions and concludes that the overall impacts upon public facilities are not exceeded in the new zoning district. Transportation Element: Transportation Planning Staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). Immokalee Road(CR 846) Impacts: The first concurrency link on Immokalee Road (CR 846) that is impacted by this zoning amendment is Link 41.1, between Goodlette-Frank Road (CR 851) and Tamiami Trial (US-41). The proposed amendment generates 46 additional p.m. peak hour, peak direction trips, which represents a 1.48% impact on Immokalee Road (CR 846). This segment of Immokalee Road (CR 846) currently has a remaining capacity of 1,260 trips, and is currently at LOS "C" (Level of Service "C")as reflected by the 2012 AUIR(Annual Update and Inventory Report). Please note that Link 41.1 is within the Northwest TCMA (Transportation Concurrency Manage- ment Area). No subsequent links of Immokalee Road (CR 846) require analysis per the 2%-2%-3% criteria listed in the Transportation Element. Goodlette-Frank Road(CR 851) Impacts: The first concurrency link on Goodlette-Frank Road (CR 851) that is impacted by this zoning amendment is Link 23.0, between Immokalee Road (CR 846) and Vanderbilt Beach Road. The proposed amendment generates 51 additional p.m. peak hour, peak direction trips, which represents a (significant) 5.10% impact on Immokalee Road (CR 846). The impact is significant (i.e. greater than 2%) but is not found to be adverse. This segment of Goodlette-Frank Road (CR CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 7 of 17 Packet Page-75- 3/12/2013 8.A. 851) currently has a remaining capacity of 151 trips, and is currently at LOS "D" as reflected by the 2012 AUIR. Please note that Link 23.0 is within the Northwest TCMA. No subsequent links of Goodlette-Frank Road (CR 851) require analysis per the 2%-2%-3% criteria listed in the Transportation Element. Tamiami Trail (US-41) Impacts: The first concurrency link on Tamiami Trail (US-41)that is impacted by this zoning amendment is Link 100.0, between Immokalee Road (CR 846) and Vanderbilt Beach Road. The proposed amendment generates 9 additional p.m. peak hour, peak direction trips, which represents a 0.29% impact on Tamiami Trail (US-41). This segment of Tamiami Trail (US-41) currently has a remaining capacity of 861 trips, and is currently at LOS "C" as reflected by the 2012 AUIR. Please note that Link 100.0 is within the Northwest TCMA. No subsequent links of US-41 require analysis per the 2%-2%-3% criteria listed in the Transportation Element. Conservation and Coastal Management Element (CCME): Environmental Services Staff reviewed this petition and determined that the proposed amendment to be consistent with the Conservation and Coastal Management Element(CCME). Based upon the above analysis, Comprehensive Planning staff finds the proposed petition request consistent with the FLUE. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis."In addition, staff offers the following analyses: Environmental Review: Environmental Services Staff reviewed this petition and determined that the proposed amendment will not have any impact on environmental issues. Similarly, the Environmental Advisory Council did not review this petition because the proposed changes do not have any impact on environmental issues. Transportation Review: Transportation Division staff has reviewed this petition and recommends approval. CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 8 of 17 Packet Page-76- 3/12/2013 8.A. Utility Review: The Utilities Department Staff has reviewed this petition and recommends approval. Zoning and Land Development Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP. The proposed change as noted previously, is to add additional land uses to PUD Section III, Industrial/Commerce District and to PUD Section IV, Business District: hotel, motel (SIC Code 7011); Intermediate Care Facilities (SIC Code 8052), group housing for the elderly limited to Assisted Living Facilities, independent living units, skilled nursing units and continuing care retirement communities. The petitioner also seeks to establish a floor area ratio of .6 for these group housing and intermediate care facilities, and to revise the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height for the CPUD property. The specific revisions are listed below along with some Staff Comments written in italics to offer clarification: 1. Add new land uses: hotel, motel (SIC Code 7011), group housing and intermediate care facilities(SIC Code 8052). Staff comment: Acknowledged and accepted as the primary purpose of this PUD amendment is to add the additional land uses. 2. A Floor Area Ratio (FAR) of.60 for group housing and intermediate care facilities (SIC Code 8052)). Staff comment: Acknowledged and accepted. The Collier County Land Development Code (LDC) allows for a FAR of.45. However, it is customary for ALF's (assisted living facilities) such as this to request a.60 FAR. 3. A maximum of 240 rooms for the hotel/motel. Staff comment: Acknowledged and accepted. 4. A maximum of 400 beds for the for elderly group housing, limited to assisted living facilities (ALF), independent living units, skilled nursing units, continuing care retirement communities; health services,medical clinics and offices(SIC Code 8011-8049, 8052). Staff comment: Acknowledged and accepted 5. A maximum zoned building height of 75 feet for buildings east of Goodlette-Frank Road. Staff comment: Acknowledged and accepted The previous PUD ordinance allowed a building height of 50 feet for buildings within 1/4 mile of the hospital property boundary. However, the Collier Health Center PUD located to the north of the Creekside Commerce Park CPUD allows a building height of 80-100 feet and the Naples Daily News BPUD allows a height of 75 feet. Therefore, the 75 foot building height at Creekside Commerce Park CPUD is appropriate. 6. In addition,the following operational requirements have been added to the group housing: (i). The facility shall be for residents 55 years of age and older. CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 9 of 17 Packet Page-77- 3/12/2013 8.A. (ii). There shall be on-site dining for the residents. (iii). Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. (iv). There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. (v). A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. (vi). Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. (vii). Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. The petitioner seeks to amend Ordinance number 06-50 to allow the changes noted previously. There are no changes to the boundaries of the Preserve Tracts. The Project does not propose to increase the approved density or intensity. Staff comment: Acknowledged and accepted. The operational requirements stated above are typical of other PUD's that have been previously approved throughout Collier County. This PUD amendment does not propose any changes that would affect environmental, buffer, or drainage issues. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The Creekside Commerce Park is an established business park which has been developed with a variety of light industrial, commercial and office uses. The proposed assisted living, intermediate health care and hotel uses are compatible with the existing development within the Creekside Commerce Park. The proposed land uses are also compatible with the neighboring North Collier Hospital use to the north of the subject site and with the medical offices and ALF to the east of the subject site. The project would also be required to comply with County regulations regarding drainage, sewer,water and other utilities. Therefore,the site is suitable for the proposed development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 10 of 17 Packet Page-78- 3/12/2013 8.A. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The currently approved development, landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD was approved. Staff believes that this amendment will not change the project's compatibility, both internally and externally, with the proposed land uses of assisted living,intermediate health care and hotel uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Currently, the roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., the GMP is consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. This proposed PUD Amendment will not adversely impact the previous BCC finding that the subject property and surrounding areas can accommodate expansion. CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 11 of 17 Packet Page-79- 3/12/2013 8.A. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking one deviation to allow a higher FAR of.60 in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes that the deviation proposed can be supported, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulation." Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of the deviation. REZONE FINDINGS: LDC Subsection 10.03.05.I. states, "When pertaining to the rezoning of land, the report and recommendations of the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Not applicable. The districts are existing and established. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Not applicable. The districts are existing and established. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to add hotel, motel, CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 12 of 17 Packet Page-80- 3/12/2013 8.A. independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP support the approval of the uses proposed at this location. Staff is of the opinion that the proposed rezone is consistent with the County's land use policies that are reflected by the Future Land Use Element(FLUE)of the GMP. In addition,the PUD document provides assurances that the site improvements will include adequate landscaping,setbacks and buffering for the development. The proposed assisted living, intermediate health care and hotel uses are compatible with the existing hospital development to the north of the subject site and with the medical offices and ALF to the east of the subject site. Therefore,staff is of the opinion that the proposed change will not adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed amendment will not adversely impact traffic circulation. 8. Whether the proposed change will create a drainage problem. The proposed amendment will not affect drainage. Furthermore, the residential sites are subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. If this petition were approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. This project's property development regulations dictate that tall structures (zoned building height is 75 feet for parcels east of Goodlette-Frank Road) shall have a corresponding 50-foot setback. Therefore, the development proposed, if approved, should not negatively affect light and air permeation into adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD amendment will not adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties around this property are already partially developed. The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site,development plan approval process and/or CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 13 of 17 Packet Page -81- 3/12/2013 8.A. subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. • The proposed PUD amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property already has a PUD zoning designation and could be developed within the parameters of that zoning ordinance; however, the petitioner is seeking this amendment in compliance with LDC provisions for such amendments. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone meets the intent of the PUB district and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD amendment is not out of scale with the needs of the neighborhood. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a PUD amendment. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require site alteration and the subject site will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 14 of 17 Packet Page-82- 3/12/2013 8.A. The development will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for and the project. It must be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. Deviation Discussion: The petitioner is seeking one deviation from the requirements of the LDC. The deviations are found in PUD sections 3.5 and 4.5. Deviation #1 seeks relief from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group care uses, including the intermediate care facility. Petitioner's Rationale: The FAR is based on all building areas associated with the group care use. Modern care facilities contain larger units, and are more highly amenitized and include significant areas devoted to indoor recreational facilities such as fitness facilities, multiple dining options, theaters, and salons. The proposed FAR of.6 has been approved in numerous other PUDs, as the .45 standard in the LDC has been recognized as an outdated development standard for these facilities. Staff Analysis and Recommendation: Planning & Zoning Review staff recommends approval, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (MM): The applicant duly noticed and held the required meeting on September 5, 2012 at 5:30 p.m. at the Hampton Inn Naples. Approximately 13 people from the community along with the applicant, agent and County Staff attended the meeting. For further information please see Attachment C, "Creekside Commerce Park CPUD Neighborhood Information Meeting" (NIM) synopsis prepared by the applicant. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for Petition PUDA-PL20120000111 on January 2, 2013. CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 15 of 17 Packet Page-83- 3/12/2013 8.A. RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA-PL20120000111 to the Board of County Commissioners with a recommendation of approval of this amendment. Attachments: A. Ordinance B. Ordinance number 2006-50 C. NEVI Synopsis D. SIC Codes 7011 and 8052 CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 16 of 17 Packet Page-84- 3/12/2013 8.A. PREPARED BY: LL ILA/ id/ A. . 1()i 2012 � NANCY CH, AICP,PRINCIPAL PLANNER DATE GROWTH ■_A'1 AGEMENT DIVISION REVIEWED BY: 72 ?---- /-7„,,,ii_____ IZ Iq 12, RAYM TD V. BELLOWS, ZONING MANAGER DATE GROW MANAGEMENT DIVISION /7,7 /2�- ; - MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DIVISION 7PROWED BY: , , 7 )- 6- 1 . NI CASALANGUI R DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the March 12, 2013, Board of County Commissioners Meeting CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 17 of 17 Packet Page-85- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment Description of Why Amendment is Necessary The proposed minor amendment to the Creekside Commerce Park CPUD is being requested in order to add three land uses for which there has been expressed interest by service providers. The uses added are hotel/motel, assisted living facilities, independent living units, skilled nursing units and continuing care retirement communities. The PUD amendment proposes to increase building heights for these uses on parcels located east of Goodlette-Frank Road. These uses are compatible with the existing tenants and property owners of the Creekside Commerce Park. The uses are also compatible and complementary to nearby land uses such as the Naples Daily News building and Naples Community Hospital. Rev 1 Packet Page-86- Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net PRE-APPLICATION MEETING NOTES (� PUD Rezone (PUDZ) Q _ PUD to PUD Rezone (PUDZ-A) 00 PUD Amendment (PUDA) N PL# N Date: 2. ?)112 Time: ' Firm: ���j V ( / � I Project Name: L1 6� 0, C � � vOSize ch Project Site: acres Applicant Name: L L1 �( , Phone: 2a ) 941- ► 1— j Owner Name: G/` - 1 SUk..A'I' k S , -c Phone: Owner Address: ' 25 C C.vezlesA Pkwy CityV I( L,e-s State 1 lam- ZIP 3 vI Existing PUD Name and Number 's I L ON y [ICra, ��� tAD Assigned Planner 'ILL Al _ . ,! L Qv3. 0 -So Meeting Attendees: (attach Sign-In sheet) Meeting Notes . t a1 AkL!�.. f l I I Poi A,70 • *Id pAize} c_ cut,_ ; en v IA oy inr c is Le Cruet ?,93, C . 1 rp osc d c , aLSrest Ob si. 5- ct4,L t i f o t<c.%( co. Cos-51) S. y a.dwess (� rr.���y} abI . 1, dip p <<S .- S! C to C4-u c.� C 'us s k c �°�j p ro pvs-cd me:5 C cry"-l- I Ppc,`c t"( Cott<<vS',,owl _ 4IS� 14cid 55 inc►.�xsYtt"`' t,rtcrZtkr 4 S S t eL4-e a s !- fir-&re `T ►01}ae=A-Tc Arr-r,v 1d (.S. tiu7. a� c��r�2c� ttJg-- � 5 ct�M fit— A- 1-14 pgtA-Tt ,¢sspc.teq-76-1 �rt 6cPec. ic..o er o.k u�SAS'• i;: wj er. Auv s-• r t( e 4P' i1.0 �_ �..s Co r. -v:c( L*f gfc..'-e JUNE 20,11. /494C- e 3/12/2013 8.A. S&9.rJty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net SCHOOL CONCURRENCY- For information regarding the school concurrency application process, please contact the School District of Collier County-Students, Staff Projections,Allocations and Reporting Department at 239-377-0254. PUD REZONE (PUDZ) PUD to PUD REZONE(PUDZ-A) PUD AMENDMENT(PUDA) APPLICATION SUBMITTAL CHECKLIST 'PHIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF REQUIRED NOT . COPIES REQUIRF,7 STANDARD REQUIREMENTS: 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary f2 V Completed Application(download from website for current form) [1 PUD Document& Conceptual Site Plan 24"x 36"and One 8 1/z" x ©. 11"copy Revised Conceptual Site Plan 24"x 36"and One 8 '/z" x 11"copy ❑ t✓� Original PUD document and Master Plan 24"x 36" ONLY IF AMENDING THE PUD 1/ Revised PUD document with changes crossed thru&underlined [12. I/ Revised PUD doc ent w/amended Title pag w/ord ' ,LD • [ 10.02.13.A.2 O1 . (�10' aJOR lord ' i/ • Deeds/Le al's Surve if boundarybf original PUD is nded) 3 1/ List identifying Owner&all parties of corporation 2 t� Owner/Affidavit signed¬arized 2 Covenant of Unified Control 2 Completed Addressing checklist 2 Environmental Impact Statement(EIS) * or exemption justification 2 X Digital/electronic copy of EIS (copy for Planner&Environmental) 2 x Historical Survey or waiver request 4 l/ Utility Provisions Statement w/sketches 4 1/ Architectural rendering of proposed structures 4 Survey, signed&sealed QP� Z (t,,, (t 4 Traffic Impact Statement(TI )or aive (with applicable fees) t ) L/ 7 Copy of Traffic Impact Statement('1'1S) on CDROM 3 Aerial photographs (taken within the previous 12 months min scaled 1"=200'),showing FLUCCS Codes,Legend, and project boundary 5 JUNE 2011 Packet Page-88- Colt County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239) 252-6358 www.colliergov.net 140t 'recs Electronic copy of all documents in Word format and plans (CDRom / t or Diskette) 1/ Justification/Rationale for the Deviations(must be on a separate sheet within the application material;DO NOT include it in the PUD Q documents) CO Copies of Official Interpretations and/or Zoning Verifications 1 co School Impact Analysis Application(residential components) 2 CO 1 set for School District(residential components) ❑ N Affordable Housing or Economic Development Council Projects: EDC"Fast Track"must submit approved copy of official application 2 DAffordable Housing"Expedited"must submit copy of signed Certificate of Agreement. **If project includes an Affordable Housing component,you are required to schedule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County Housing and Human Services Department at 239-252-2273. ❑ Check here if there are any Settlement Agreements associated with this property. Indicate type of agreement and agreement number. Agreement# ❑ Deltona ❑Lely Barefoot Beach Port of the Islands Interlocal Route package to: The Conservancy,Attn:Nichole Ryan 1450 Merrihue Dr.,Naples,FL 34102 (l If located in RFMU(Rural Fringe Mixed Use)Receiving Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239-690-3500 for information regarding "Wildfire Mitigation&Prevention Plan",LDC Section 2.03.08.A.2.a.(b)i.c. ❑ If located within 1/2 mile of City of Naples, send copy of submittal package to: Robin Singer,Planning Director City of Naples, 295 Riverside Circle, Naples,FL 34102 JUNE 2011 3/12/2013 8.A. $ gGonty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliernov.net • PLANNER, CHECK MARK BELOW FOR ADDITIONAL REVIEWS: SCHOOL DISTRICT(residential q PARKS&REC-VICKY AHMAD components)Amy Taylor wps SUPERVISOR OF ELECTIONS IMMOKALEE WATER/SEWER r% DISTRICT V DR/EM9-EMER.MGMT-Dan / UTILITIES ENGINEERING: PAULO Summers MARTINS CITY OF NAPLES,Robin Singer, �/ BAYSHORE/GATEWAY TRIANGLE Planning Director WD ,REDEVELOPMENT Executive Director Wift CONSERVANCY,Nichols Ryan 'I/ FIRE REVIEW: R1CCO LONGO t/EMS-ARTIE BAY //ENGINEERING: JACK MCKENNA TRANS.PATHWAYS:ALISON /COMP PLANNING: (SEE SIGN-IN BRADFORD V SHEET FROM PRE-APP MEETING) ENVIRONMENTAL:SEE SIGN-IN SHEET FROM PRE-APP MEETING) Fees Application Fee: C $10,000(PUD Rezone)+$25 per acre(or fraction of thereof) [3$8,000(PUD to PUD)+$25 per acre(or fraction thereof) J 1 6, 00(PUD Amendment)+$25 per acre(or fraction of an acre) ® Fire Code Review-New PUD Rezone $150,PUD to PUD Rezone$125,PUD Amendm-6125 .) ® $2,250.00 Comprehensive Planning Consistency Review '■ ® $500.00 Pre-application fee(Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre- application meeting will be required. ® $925.00 Legal Advertising Fee for CCPC meeting ® $500.00 Legal Advertising Fee for BCC meeting(advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). 0$2500.00 Environmental Impact Statement review fee ❑ &$1000.00 Listed or Protected Species survey review fee(when an EIS is not required) 14 Property Owner Notification fees.Property Owner Notifications$1.50 Non-certified; $3.00 Certified return receipt mail(to be paid after receipt of invoice from Dept. of Zoning& Development Review) Attach a Separate Check for Transportation Fees,(Refer to Exhibit A): n $500.00 Methodology Review Fee ' equired*Additional Fees to be determined at Methodology Meeting. R' Fee Total$ JUNE 2011 Packet Page-90- 10.02.13 A.2.s. Development commitments for all infrastructure and related matters Please add the following to the commitments section of the PUD document 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 cd commitments until close-out of the PUD. At the time of this PUD approval,the Managing Entity o is . Should the Managing Entity desire to transfer the monitoring N and commitments to a successor entity, then it must provide a copy of a legally binding c\I document that needs to be approved for legal sufficiency by the County Attorney. After such Mapproval, 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. • 3/12/2013 8.A. Colt County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.8.8. Notification shall also be sent to property owners,condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Land Development Services Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one-fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven(7) days prior to, but no sooner than five (5) days before,the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property_ The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Land Development Services Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Land Development Services Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance,the owner or developer(specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695,FS.A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. JUNE 2011 Packet Page-92- "H. (V. Li/14 11:,oAm 1 No. 0572 P. Y COLLIER COUNTY GOVEMINIENT 280t1 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLoRIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252.5724 IN_W-CQJ LIERGOy.NET �r•ccQ_ �� ,rr���L 'K . 6,.E '4..'r.'Y�.a, ����z—i y .�J�'��,°'.r-n�clL'��'..'��� ��i `�,To{w�.4','`�',fF L•k�rTr9CtS:1=iY.em:�;.�U:.;;7l;vi}t�md• �r�du.�,11�1��^ar� ��'r�"=°?d=-'C Pleads complete the fof poring and fax to the Operations Department at 239-252-5724 or submit in Addressing Department at the above address. F ust person to to the ao Iicatian meetlnq Drgaee aUt 3 days for Processing b Addy ainp aersarme( r�tir r to orer Net all items will apply to every prom items in bold type are od PROVIDEp. Forms alder than 6 months wilt require additional review and FOLIO Nl by the MUST BE M Department 2�pprpva! by the Addressing T— PETITION TYPE(frrdfcate type belau; compta a separate Addressing Chodotist far each petition typaj M ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ CarnivaVCircus Permit ❑ SDI'I(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ 1_XP(Excavation Permit) ❑ SiP!(lnsUbstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplattedi) ❑ PNC(Project Name Change) [J TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRp ❑ PUD Rezone (Vegetation Removal Permit) L ❑ (standard Rezone) r❑ VRSFP(Vegetation Removal&Site Fill Permie L�l OTHER PVDAmeneinient LEGAL,DESCRIPTION of subject property or properties(copy of lengthy description maybe atfached) Creekside Commerce Park PUD-Please see attached Legal Descriptfan FOLIO(Property ID)NUMBER(s)of ftbcye(attach to, or associate wi h,legal descripffrin if mare than one) Please see attached Property Printout STREgrADDRESS or ADDRESSES(as appricabla,itatreadyessfjned) Creekside Blvd R LOCATION MAP must be a{{ached showing exact location of projectlsite in relation to nearest public road right- ot-way SURVEY(copy-needed only for unplanned properties) PROPOSED PROJECT NAME(ffapplicable) PROPOSED STREET NAMES Cif Alva-able) SITE DEVELOPMENT FLAN NUMBER(for gpa:yecfs/sitesonly) SDP�^_ orAR or PL# ciCk .kl,;".1� i,sic;. 3/12/2013 8.A. Jd71. [0. 1V14 1 i;T(AM No. 0572 P, 2 COLLIER COUNTY GOVERNMENT 28011 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT IIVIS1ONl NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-240G FAX (239)252-9724 WWW.CQLLIERGOV.NET . Project or development names proposed for,or already appearing In,condominium documents(if application; Indicate whether proposeci or existing) • Please Check One: ® Checklist is to be Faxed back 0 Personally Picked Up APPLICANT NAME: Q.Grady Minor and Associates, PA.(Sharon Umpenhour) PHONE 239..947.1144 FAX 39.947.Q375 Signature on Addressing Checklist does not constitute Project and(or Street Warns approvat and is subject to further review by the Operations Department tort STAFF US ONLY • FLN Number(Primary) }��}c� S_h 1 +z1 Ar• , Folio Number Folio!lumber Folio Number Approved by:, ,rLn,tA f O Q.rrr Date."pros Updated by: Date: • IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED A.41 t• Packet Page-94- `'m!. 417. LVIZ 11;)/651 N0. 0572 P. 3 Creekside PUD Property Owner List Fop*Number:28231190521 Street# Name:1154 Na 11541 KALE R False Number 29331190825 - Natma CRFFICSIDE COMMERCE PARK Sfet11&Nan=NO SITE ADDRESS Folio Number:29331190660 f Name:CRERSSIDE COMMERCE PARK Strmet+N&HA IM NO SITM ADDRESS OD Folio NI/mbar:293$1190$66 CO Name:CREEKSIsE WEST INC Strettl&Names 1266 CREEKSSIDE PKWY Fella Number:29331190759 MN Name:CREEKSE1E WEST INC Sr teet#&Name:1235 CREEK 1DE TRL Folio Number.29331190723 Name:CRERKSIDF.WENT INC StreetX&Name:1171 CREEKSIDE PKWY Folk Number:29231190741 Name:ARTHREX INC &et to&Nam=125Q CREEKSIDE PKWY Palle Number_26331199848 Name:UNITED SLATES POSTAL SE74ViCE Stria=&Name_1120 CREE7f'SIDE WAY Folio Number:29331193323 • Name:CREEKSIDl=COMMERCE PARK Street*&Name:1354 CREEKCSIDE BLVD Fella Number:29331193049 • Name:CREEKSME COMMERCE PARK StreetAl&Names 1293 CREESSIDE ST ,EFO[1*Number:29321193365 ke=* {S, -1-1A. t LS I .. › 11-L "Name:Ci EERBI E GCMMIERCg PAS c7 Stree&se&Hama;1326 CREEKSIpE BLVD etE" A �A't Folio Flumbal:29331193U91 Flame:ARTHRIZN INC Strap &Nattier:13/0 CREEKSIDE BLVD Folic Number:x6331193104 Name:AR7FIREX INC Street#&Name,1370 CREEKSIDE BLVD FORO Number.29331193123 • Name:ART!"1RDf INC Strout/!&Name:1370 CR EKS14E BLVD ratio Number:293.31't93146 . Narrie:ARTRIREX INC Straet$&flame:4230 CRE,EKSIDE BLVD Page 1ofZ 3/12/2013 8.A. an. 1b. LUIZ 11:5/AM No. 0572 P. e Creekside PUD Property Owner list Folio Number:2331133168 Name:CREEKSIDE WEST INC Street*&Name:/317 CREEKSIDE BLVD Folio Number:23331183201 , Name:CREEKSIDE WEST INC Street#&Hamm 1280 CREEKSIDE ST • Polio Number:2S334000O2$ Name_ARTHREX INC Street#&Name:NO SITE ADDRESS Bt11id#/IJIII :/1 Fano Ncurbaut 2$13a4000045 yr Nama'1336 CREEKSIDE FLEX LLP Street#&Neme:1336 OREEKSIDE BLVD Bulk1l/tJn1Elk/2 Fvlo Number:29330000026 .r Nan o:1280 CREEKSIDE MEDICAL LLP Streettt&Name:1200 CREEKSIDE ST Bullq#/UnRLk/1250 Pvliv Number.29338000041 r' Name:CRREEIGSIbE WEST INC Straker&Nama:1294 CREEKSIDE ST Build*/UM#:1 1284 Form Number,29350800029 Name:CREF_KWOOD COP NAPLES LIP Street*&Name:1275 CREEKSIDE PKWY amid*/Unibt:11 Folio Number,2936000gQ45 . Name:CREEKSIDE WI_ST INC Street*&Name:1275 CREEKSIDE PKWY Buffett/Unites/2 Folio Number 00168040106 Name;TRAIL,BOULEVARD LLI,P &treet#&.Name:1R57'Z GOQDLE fTE RD N Folio Number_0011;8042746 Name:TRAL BOULEVARD LLLP Street#&Names 10680 300DLETTE RD N re/ie Number:00168044005 Name:CREEKSIDE EAST INC Street#&Name:NO SITE ADDRESS Form Number 28331150644 Name:CREEKSIDE WEST INC Streetbs&Name:1123 CREEKSIDE WAY Page Z of Packet Page -96- •...m ca 48 I P`1(18 w m Ct E Lai s 41) -1-- •Q 0,-, < .1 eetzt5 17 0 ...I ■.I .. CZ > . q 0 et ill .1 0 & 91 Ei yu • o a) 1 $ 4 1+) • 2 a c • —z >: ' '' 3 ...1 L tl. 2. 1) o6 CN,LI . ,_ c __CD Ce WI 0 CN T— C) , C\1 1.11 cc) M t;) ■ t:d\ 6' <3 , NI . gtt gi N-- "E g' La i l NI 0 I " bi) m -75 Z . .. , cl IN • S=1 E .p..1 t: • C 's '''l 6C? 1.) sj ‘NC t714 N '''S' \9 c' In W .CI4 w m c la 2 ... _ .. • n, ii co 6.4t {In '" • V1J CJ CO \ 1 2 ,44ft ci co 0 --, c:14 cb O. al Z 11 4 -6 Nr Jr) ct -> ;.•( U- a .- 1— „,.,.. ,. ,..., • ol 7 0 -,1 ti ''' c- 111 , 0 v --- Z 0 ■_. 1 .....*s 7—t, , .. 11„) La. i ...c co V -- 0 --i; z— --D NJ. z u i s— d 4— z c.5 i 4 . 2 fr 6 cl 8 Z -c IS 1 c; c■I ,. A Lo o • —.1 c.< 0 ot a) ;() 'cis 0 0 0, . ILI 0 c t— Z Z : •-g 'IC ..°1' NV b -';'7 i ox ''' 0 V to_ 3/12/2013 8.A. S&9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.coltiergov.net APPLICATION .FOR PUBLIC HEARING FOR Q AMENDMENT TO PhD(PUDA) J PUD REZONE(Pt1DZ) ® "PUCE TO PUD REZONE(PUDZ A) PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED I APPLICANT INFORMATION ' NAME OF APPLICANT(S) Creekside West, Inc. and Creekside East, Inc. ADDRESS 2600 Golden Gate Parkway CITY Naples STATE FL ZIP 34105 TELEPHONE# 239.403.6870 CELL# FAX# 239.262.8017 E-MAIL ADDRESS: dborden @barroncollier.com NAME OF AGENT Q. Grady Minor and Associates, P.A. ADDRESS 3800 Via Del Rey cry Bonita Springs STATE FL ZIP 34134 TELEPHONE# 239.947.1144 CELL# FAX# 239.947.0375 E-MAIL ADDRESS: wamold @gradyminor.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. February 4,2011 Packet Page-98- Creekside Commerce Park PUD Amendment Applicant Information NAME OF AGENT Richard D.Yovanovich, Esq. ADDRESS Coleman,Yovanovich and Koester, P.A., Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 CITY Naples STATE Florida ZIP 34103 TELEPHONE#239.435.3535 CELL# FAX#239.435.1218 E-MAIL ADDRESS: rvovanovichalcvklawfirm.com N N Page 1of1 3/12/2013 8.A. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net I _ A'SSOCIATIONS;' I Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.asl3x?Da0e=774 NAME OF HOMEOWNER ASSOCIATION: Pelican Marsh Community Development District MAILING ADDRESS Mr.Gordon M.Brown,1853 Tlmarron Way CITY STATE Zip 34109 NAME OF HOMEOWNER ASSOCIATION: Pelican Marsh Owners'Association MAILING ADDRESS Mr.Wayne Smith,1385 Wood Duck Trail CITY STATE Zip 34108 NAME OF HOMEOWNER ASSOCIATION: Collier's Reserve Association,Inc. MAILING ADDRESS 1715 Colliers Reserve Drive CITY Naples STATE FL ZIP 34110 NAME OF HOMEOWNER ASSOCIATION: Creekside Commerce Park Property Owners Association,Inc. MAILING ADDRESS 2600 Golden Gate Parkway CITY Naples STATE FL ZIP 34105 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP February 4,2011 Packet Page -100- Co* County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net ,, Disclosure of(nterest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). CV N Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address % of Ownership Creekside West, Inc. and Creekside East, Inc. 100% Also See Exhibit 1 attached c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address % of Ownership February 4,2011 3/12/2013 8.A. CO per County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers,stockholders, beneficiaries, or partners. Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address February 4,2011 Packet Page-102- Creekside Commerce Park PUD Amendment Exhibit 1 Disclosure of Interest Information List Identifying Owner(s) and All Parties of Corporation Folio Number:29331190725 Name:CREEKSIDE WEST INC Street#&Name:1171 CREEKSIDE PKWY Folio Number:29331193188 Name:CREEKSIDE WEST INC Street#&Name:1317 CREEKSIDE BLVD M Folio Number:29331193201 Name:CREEKSIDE WEST INC C\I Street#&Name:1290 CREEKSIDE ST M Title Percentage of Ownership C/D Lamar Gable,2600 Golden Gate Parkway,Naples,FL 34105 ??% P David K.Borden,2600 Golden Gate Parkway,Naples,FL 34105 ??% V/ST Bradley A.Boaz,2600 Golden Gate Parkway,Naples,FL 34105 ??% D Juliet C.Sproul,2600 Golden Gate Parkway,Naples,FL 34105 ??% VC/D Barron Collier III,2600 Golden Gate Parkway,Naples,FL 34105 ??% V Douglas E.Baird,2600 Golden Gate Parkway,Naples,FL 34105 ??% Folio Number:00168044005 Name:CREEKSIDE EAST INC Street#&Name:NO SITE ADDRESS Title Percentage of Ownership C/D Lamar Gable,2600 Golden Gate Parkway, Naples,FL 34105 ??% P David K.Borden,2600 Golden Gate Parkway,Naples,FL 34105 ??% V/ST Bradley A.Boaz,2600 Golden Gate Parkway,Naples,FL 34105 ??% D Juliet C.Sproul,2600 Golden Gate Parkway,Naples,FL 34105 ??% VC/D Barron Collier III,2600 Golden Gate Parkway,Naples,FL 34105 ??% VP Douglas E.Baird,2600 Golden Gate Parkway,Naples,FL 34105 ??% Page 1 of 1 3/12/2013 8.A. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net g. Date subject property acquired ® 1998.2003 leased ❑ Term of lease yrs./mos. If, Petitioner has option to buy,indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing,it is the responsibility of the applicant, or agent on his behalf,to submit a supplemental disclosure of interest form. I � ,.; , PROPERTY LOCATION: "'� Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four(4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre- application meeting. NOTE:The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description,an engineer's certification or sealed survey may be required. Section/Township/Range 27 /48 /25 Lot: Block: Subdivision: Creekside Commerce Park Plat Book: Page#: Property I.D.#: See Exhibit 1 attached Metes&Bounds Description: Legal Description attached as Exhibit 2 Size of property: ft.X ft. =Total Sq.Ft. Acres 106 Address/general location of subject property: Southwest and Southeast quadrant of Immokalee Road and Goodlette Road PUD District(LDC 2.03.06): ❑ Residential ❑ Community Facilities I Commercial ❑ Industrial February 4,2011 Packet Page -104- Exhibit 2 Creekside Commerce Park CPUD Legal Description All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; COMMENCING at the northwest corner of said Section 27; thence along the north line of said Section 27 South 89°45'21" East 1869.61 feet; 00 thence leaving said line South 00°14'39"West 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; CV thence along said right of way line in the following Six (6) described courses; 1)South 89°45'21" East 485.99 feet; 2)South 00°14'39"West 10.00 feet; 3)South 89°45'21" East 150.19 feet; 4)South 89°48'33" East 716.81 feet; 5) North 05°34'33" West 10.05 feet; 6) South 89°48'33" East 486.21 feet to a point on the west right of way line of Goodlette Road as recorded in Plat Book 3, page 58, Public Records of Collier County, Florida; thence along said line South 05°33'48" East 1767.02 feet; _..- thence leaving said line South 89°20'53"West 51.18 feet; thence North 23°55'53"West 13.07 feet; thence northwesterly, 30.71 feet along the arc of a circular curve concave to the northeast, having a radius of 80.00 feet,through a central angle of 21°59'52" and being subtended by a chord which bears North 12°55'57"West 30.53 feet; thence North 05°00'53"West 31.56 feet; thence North 36°19'20"West 32.02 feet; thence North 56°04'35"West 35.11 feet; thence North 80°39'15"West 32.53 feet; thence North 88°39'12"West 97.78 feet; thence North 86°04'40"West 45.79 feet; thence North 89°49'48"West 132.77 feet; thence North 69°40'10"West 37.23 feet; thence South 89°20'53"West 142.47 feet; thence South 84°59'26"West 24.66 feet; thence South 74°56'50"West 121.32 feet; thence South 79°49'59"West 45.93 feet; thence westerly and northwesterly, 45.51 feet along the arc of a circular curve concave to the northeast, having a radius of 66.00 feet, through a central angle of 39°30'16" and being subtended by a chord which bears North 80°24'53" West 44.61 feet to a point of compound curvature; Page 1 of 4 3/12/2013 8.A. Exhibit 2 Creekside Commerce Park CPUD Legal Description thence northwesterly, 52.92 feet along the arc of a circular curve concave to the southwest, having a radius of 150.00 feet, through a central angle of 20°12'57" and being subtended by a chord which bears North 70°46'13"West 52.65 feet; thence North 80°52'42"West 36.59 feet; thence westerly and southwesterly,46.18 feet along the arc of a circular curve concave to the southeast, having a radius of 80.00 feet, through a central angle of 33°04'14" and being subtended by a chord which bears South 82°35'11" West 45.54 feet to a point of compound curvature; thence southwesterly and westerly, 38.16 feet along the arc of a circular curve concave to the northwest, having a radius of 60.00 feet, through a central angle of 36°26'19" and being subtended by a chord which bears South 84°16'14" West 37.52 feet to a point of compound curvature; thence westerly and northwesterly, 68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet, through a central angle of 12°55'59" and being subtended by a chord which bears North 83°58'36" West 68.70 feet; thence South 89°33'25"West 18.36 feet; thence South 89°39'19"West 71.63 feet; thence North 89°34'56"West 36.03 feet; thence South 86°06'41"West 42.94 feet; thence South 83°44'16"West 26.23 feet; thence South 51°01'13"West 27.49 feet; thence South 33°25'50"West 19.95 feet; thence South 15°40'05" West 20.54 feet; thence South 10°54'39"West 34.64 feet; thence South 89°20'14"West 101.06 feet; thence North 10°46'06" East 101.42 feet; thence North 89°20'53" East 65.45 feet; thence North 00°39'07"West 100.64 feet; thence South 89°20'53"West 503.78 feet; thence North 00°39'07"West 27.71 feet; thence North 72°58'55"West 131.30 feet; thence North 02°08'56" West 1473.29 feet to a point on the south right of way line of said Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°49'40" East. Page 2 of 4 Packet Page -106- Exhibit 2 Creekside Commerce Park CPUD Legal Description All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; Commencing at the northeast corner of said Section 27; thence along the east line of said Section 27, South 01°09'43" East 125.00 feet to a 00 c,.) point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; N thence continue along said east line South 01°09'43" East 1189.62 feet; thence leaving said line South 89°48'50"West 677.35 feet; • C'.* thence South 05°35'39" East 886.02 feet; thence South 89°48'50" West 400.00 feet to a point on the easterly right of way line of Goodlette Frank Road as Recorded in Plat Book 13, page 58, Public records of Collier County, Florida; thence along said line North 05°35'39" West 2088.10 feet to a point of the south right of way line of said Immokalee Road (S.R. 846); thence along said line South 89°49'40" East 1168.55 feet; thence continue along said line South 89°12'58" East 1.85 feet to the POINT OF BEGINNING of the parcel herein described; Containing 38.9 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°46'26" East. LESS A PORTION OF TRACTS "R"AND "L1"CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT "R" (CREEKSIDE WAY) CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89°45'00" EAST, ALONG THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00°25'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60°02'56" EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82°32'14" EAST FOR A DISTANCE OF 119.17 FEET TO A POINT ON THE EAST LINE OF TRACT "L1" OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE; THENCE RUN SOUTH 00°07'39" EAST, Page 3 of 4 3/12/2013 8.A. Exhibit 2 Creekside Commerce Park CPUD Legal Description ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF SAID TRACT "R";THENCE RUN NORTH 89°58'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SAID TRACT"R";THENCE RUN NORTH 02°19'57" WEST, ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32 ACRES, MORE OR LESS. Page 4 of 4 Packet Page -108- Cotii .nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net ADJACENT-ZONING iND 00 Zoning Land Use N Collier Health Center PUD and Collier Tract 22 PUD NCH Hospital,medical offices and single family residenetial O $ I and Pelican Marsh PUD Waste water treatment plant,golf course and single family residential NSW Professional Health Park and I Medical offices and Waste water treatment plant r W Naples Daily News BPPUD Naples Daily News facility M Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/Township/Range / / Lot: Block: Subdivision: Plat Book Page#: Property I.D.#: Metes&Bounds Description: REZONE REQUEST This application is requesting a rezone from the CPUD zoning distric(s)to the CPUD zoning district(s). Present Use of the Property: Light Manufacturing, Retail, Commercial Proposed Use(or range of uses) of the property: light Manufacturing,Retail,Commercial,Hotel/Motel,Assisted Living Facilities Original PUD Name: Creekside Commerce Park Ordinance No.: 2006-50 February 4,2011 3/12/2013 8.A. 9&9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collieraov.net EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.B) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land,surrounding areas,traffic and access, drainage,sewer,water,and other utilities. Please see attached Exhibit 3 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Please see attached Exhibit 3 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district,policy or other provision.) Please see attached Exhibit 3 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Please see attached Exhibit 3 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Please see attached Exhibit 3 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities,both public and private. Please see attached Exhibit 3 7. The ability of the subject property and of surrounding areas to accommodate expansion. Please see attached Exhibit 3 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Please see attached Exhibit 3 February 4,2011 Packet Page-110- Exhibit 3 Creekside Commerce Park CPUD Evaluation Criteria Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below.Include any backup materials and documentation in support of the request. M PUD Rezone Considerations(LDC Section 10.02.13.B) O N 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water,and other utilities. The Creekside Commerce Park is an established business park which has been substantially developed with a variety of light industrial, commercial and office uses. The proposed assisted living, intermediate health care and hotel uses are compatible with the existing development within and in nearby proximity to Creekside Commerce Park. Infrastructure is in place to serve the existing and proposed uses. 2. Adequacy of evidence of unified control and suitability of any proposed agreements,contract, or other instruments,or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The applicant controls all of the undeveloped land within the Creekside Commerce Park PUD. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density,and fully explaining/addressing all criteria or conditions of that Sub-district,policy or other provision.) The Creekside Commerce Park is located in the Urban Mixed Use District, Residential Subdistrict of the Future Land Use Element of the Collier County Growth Management Plan. The PUD was originally approved under a former policy allowing expansion of industrial land uses where adjacent to industrial zoned property. The property was deemed consistent with the Future Land Use Element by Policies 5.9 and 5.11. 3. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed uses are compatible with uses existing and permitted within the Creekside Commerce Park PUD,as well as uses that exist adjacent to the project. The vacant lands within Page 1 of 2 3/12/2013 8.A. Exhibit 3 Creekside Commerce Park CPUD Evaluation Criteria the Creekside Commerce Park are located near the intersection of Goodlette-Frank Road and Immokalee Road and do not abut residentially developed lands. An increase in building height is proposed for the development tracts located east of Goodlette-Frank Road. The increase in height is comparable and compatible with other buildings in the vicinity of Creekside Commerce Park such as the Naples Daily News and the Naples Community Hospital Buildings which are both adjacent to the Creekside Commerce Park PUD. The proposed uses are less intense than many of the land uses currently permitted in the PUD;therefore, the uses are compatible. In addition to the site design guidelines found in the LDC, the Creekside Commerce Park PUD contains specific design guidelines and standards which address architecture, lighting, landscaping and signage. 4.. The adequacy of usable open space areas in existence and as proposed to serve the development. The Creekside Commerce Park PUD master plan identifies over 36 acres of open space which exceeds the LDC requirements for open space for commercial and industrial development. Additionally, the PUD contains maximum building coverage requirements which may provide additional open space on each developable tract. 5. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The project is subject to concurrency and adequate infrastructure must be in place to support future development on the site. 6. The ability of the subject property and of surrounding areas to accommodate expansion. The Creekside Commerce Park PUD is an existing PUD which is surrounded by zoned and developed land. Expansion of the PUD boundary is not anticipated. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case,based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The PUD amendment proposes three new land uses and a revised floor area ration (FAR) for those uses. The proposed regulations are consistent with standards utilized in other projects and will result in a development pattern appropriate for the Business Park. Page 2 of 2 Packet Page -112- Coffer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collierctov.net Deed Restrictions: The County is legally preduded from enforcing deed restrictions, however, many communities have adopted such restrictions.You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge,has a public hearing been held on this property within the last year? ❑Yes ❑ No NIf so,what was the nature of that hearing? Cr) Official Interpretations or Zoning Verifications: To your knowledge,has there been an official interpretation or zoning verification rendered on this property within the last year? ❑Yes ❑ No If so,please provide copies. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "dosed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.) February 4,2011 3/12/2013 8.A. Colr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net PUD AMENDMENT(PUDA)-PUD REZONE'(PUDZ)='PUD to'PUD REZONE(PUDZ A) APPLICATION•SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE:INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS ..#.OF' ..NOT: C OPIES REQUIRED RE4UIREC STANDARD,RE000.-t itatt. N : ASAP . _ v �.M NO II I ro 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary ❑ © El Completed Application with list of Permitted Uses;Development Standards Table;List of proposed deviations from the LDC(if any);List of Developer Commitments and Statement of El © El Compliance narrative(download application from web for current form) PUD Conceptual Master Site Plan 24"x 36"and One 8 1/2" x 11"copy ❑ ❑ MI Revised Conceptual Master Site Plan 24"x 36"and One 8 1/2" x 11"copy ❑ ❑ Q Original PUD doc/ord and Master Plan 24"x 36"—ONLY IF AMENDING THE PUD ❑ 13 0 Revised PUD application with changes crossed thru&underlined ❑ E2 ❑ Revised PUD application w/amended Title page w/ord#'s,LDC 10.02.13.A.2 ❑ © ❑ Justification/Rationale for the Deviations(must be on a separate sheet within the application ❑ ❑ material;please DO NOT include it in the PUD documents) Co ies ofte#o'liowiit 5 I : �t �,�: , .....I' . �._...__: ._.�_. '�...,il�l�i'If!�� II�.W.F dx:_�h 1'i i_!?mi..,,.,.ri w,,u i.: ,'= e '; __ ..- Deeds/Legal's&Survey(if boundary of original PUD is amended) 3 2 ❑ List identifying Owner&all parties of corporation 2 © ❑ Owner/Affidavit signed¬arized 2 © ❑ Covenant of Unified Control 2 © ❑ Completed Addressing checklist 2 © ❑ Environmental Impact Statement(EIS)and digital/electronic copy of EIS or exemption ❑ Di justification 4 Historical Survey or waiver request 4 ❑ MI Utility Provisions Statement w/sketches 4 © ❑ Architectural rendering of proposed structures 4 ❑ Survey,signed&sealed 4 ❑ Traffic Impact Statement(T15)with applicable fees. For TIS guidelines&procedures refer to 7 © ❑ http://www.colliergov.net/Index.aspx?page=566 Recent Aerial Photograph(with habitat areas defined)min scaled 1"---7400' 5 © ❑ Electronic copy of all documents in Word format and plans(CDRom or Diskette) 2 © ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ Ki School Impact Analysis Application—residential projects only El (download the School Impact Analysis Application from website) 2 ❑ If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas -Applicant must contact Mr.Gerry J. Lacavera,State of Florida Division of Forestry @ 239-690-3500 for information regarding "Wildfire Mitigation & Prevention Plan", LDC Section 2.03.08.A.2.a.(b)i.c. February 4,2011 Packet Page -114- 04 12. bej8s % ORDINANCE NO.06- 50 ris AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, AMENDING ORDINANCE NUMBER 04-41, 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 CO CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FOR A Cr) PROJECT KNOWN AS CREEKSIDE COMMERCE O PARK FROM PUD TO COMMERCIAL PLANNED N UNIT DEVELOPMENT (CPUD) FOR A PROJECT TO N BE KNOWN AS CREEKSIDE COMMERCE PARK CPUD LOCATED, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,CONSISTING OF 105 ACRES;PROVIDING FOR THE REPEAL OF ORDINANCE NUMBERS 97-51 AND 06-41, THE FORMER CREEKSIDE COMMERCE PARK PUD AND CREEKSIDE COMMERCE PARK CPUD;AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold of Q. Grady Minor,representing Creekside:West, Inc., petitioned the Board of County Commissioners to change the zoning classification of the hei<ein described real property,known as petition PUDA-2005-A-R-8832; NOW, THEREFORE, BE IT ORDAINED BY the BOARD Or: COUNTY I: COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that; • SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, is changed from 'PUD" and/or "CPUD" to "CPUD" Commercial Planned Unit Development known as the Creekside Commerce Park CPUD in accordance with the CPUD Document,attached hereto as Exhibit"A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended,the Collier County Land Development Code,is/are hereby amended accordingly. SECTION TWO: Ordinance Number 97-51, known as the Creekside Commerce Park PUD, adopted on October 21, 1997, and Ordinance Number and 06-41, adopted on September 12,2006,by the Board of County Commissioners of Collier County,is hereby repealed in its entirety. Page 1 of,Z 3/12/2013 8.A. SECTION THREE: This Ordinance shall become effective upon approval of PUDZ-2005-AR-8833 Naples Daily News BPPUD and filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County,Florida,Y this )1'14-day of CC ic•(!.:•.f' ,2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA • • A�. C BY: ritual:- t3z:._=-leputy Clerk FRANK HALAS,CHAIRMAN Approved as to form and legal sufficiency Marjorie M.Student-Stirling Assistant County Attorney PUDA-2005-AR4M32M11 D/cp This ordinance filed with the Secretary of StotS's Office the 3r d o ay of Cro gQcr and acknowledgement of that fill received this dov of zt� 1ex. Page 2 of if- Packet Page-116-- Q CREEKSIDE COMMERCE PARK co cci r O N N c i A PLANNED UNIT DEVELOPMENT PREPARED FOR BARRON COLLIER PARTNERSHIP CREEKSIDE COMMERCE PARK 3/12/2013 8.A. A PLANNED UNIT DEVELOPMENT 106±Acres Located in Section 27 Township 48 South,Range 25 East Collier County,Florida PREPARED FOR: BARRON COLLIER PARTNERSHIP 2640 Golden Gate Parkway Naples,FL 34105 PREPARED BY: WILSON,MILLER,BARTON&PEEK,INC. 3200 Bailey Lane,Suite 200 Naples,Florida 34105 YOUNG,VAN ASSENDERP&VARNADOE,P.A. 801 Laurel Oak Drive, Suite 300 Naples,Florida 34101 AMENDED DECEMBER 2005 BY: Q.GRADY MINOR AND ASSOCIATES,PA. 3800 Via Del Rey Bonita Spring,Florida 34134 ROETZEL AND ANDRESS,L.P.A. 850 Park Shore Drive,3'd Floor Naples,Florida 34103 Amended PUD(clean).DOC Packet Page-118- TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION 1 LEGAL DESCRIPTION,PROPERTY OWNERSHIP,& 1-1 GENERAL DESCRIPTION M SECTION II COMMERCE PARK DEVELOPMENT 2-1 2.1 Purpose N22 General Description Of The Park and Proposed Land Uses v— 23 Compliance With County Ordinances C.75 2.4 Community Development District 25 Land Uses 2.6 Lake Siting 2.7 Fill Storage 2.8 Use Of Right-Of-Way 2.9 Sales Office and Construction Office 2.10 Changes and Amendments To PUD Document Or PUD Master Plan 2.11 Preliminary Subdivision Plat Phasing 2.12 Open Space and Native Vegetation Retention Requirements 2.13 Surface Water Management 2.14 Environmental 2.15 Utilities 2.16 Transportation 2.17 Common Area Maintenance 2.18 Design Guidelines and Standards 2.19 Landscape Buffers,Berms,Fences and Walls 2.20 Signage 221 General Permitted Uses SECTION III INDUSTRIAL/COMMERCE DISTRICT 3-1 SECTION IV BUSINESS DISTRICT 4-1 SECTION V PRESERVE AREA 5-1 EXHIBIT A AERIAL PHOTOGRAPH,LOCATION MAP (WMB&P File No. RZ-255A) EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN (WMB&P File No. RZ-255B) Amended PUD(clean).DOC 1 3/12/2013 8.A. STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Barron Collier Partnership, hereinafter referred to as Ban-on Collier or the Developer, to create a Planned Unit Development (PUD) on 106± acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The development of Creekside Commerce Park will be in substantial compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District as identified on the Future Land Use Map which allows certain industrial and commercial uses. The Urban designation also allows support medical facilities, offices, clinics, treatment, research and rehabilitative centers and pharmacies provided they are located within 1/4 mile of the property boundary of an existing or approved hospital or medical center. 2. The existing Industrial zoning is considered consistent with the Future Land Use Element (FLUE)as provided for by Policy 5.9 and 5.11 of the FLUE. 3. The FLUE Urban-Industrial District allows for expansion of the industrial land use provided the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned industrial the land use is compatible with adjacent land uses and the necessary infrastructure is provided or in place. Creekside Commerce Park has expanded the industrial land use accordingly. 4. The FLUE Urban-Industrial District requires the uses along the boundaries of the project to be transitional. Creekside Commerce Park has included transitional uses accordingly. 5. Creekside Commerce Park is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 6. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 7. The development of Creekside Commerce Park will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. 8. Creekside Commerce Park is a master planned, deed-restricted commerce park and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code(LDC),Planned Unit Development District. 9. This master planned park will incorporate elements from the existing Industrial, Business Park and Industrial PUD sections of the LDC. Amended PUD(elcan).DOC ii Packet Page-120- SHORT TITLE This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED UNIT DEVELOPMENT ORDINANCE". Q OD M N M Amended PUD(clean).DOC 111 3/12/2013 8.A. SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Creekside Commerce Park, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida being more particularly described as follows; COMMENCING at the northwest corner of said Section 27; thence along the north line of said Section 27 South 89°45'21"East 1869.61 feet; thence leaving said line South 00°14'39"West 125.00 feet to a point on the south right of way line of lmmokalee Road(S.R 846)and the POINT OF BEGINNING of the parcel herein described; thence along said right of way line in the following Six(6)described courses; 1)South 89°45'21"East 485.99 feet; 2)South 00°14'39"West 10.00 feet; 3)South 89°45'21"East 150.19 feet; 4)South 89°48'33"East 716.81 feet; 5)North 05°34'33"West 10.05 feet; 6)South 89°48'33"East 486.21 feet to a point on the west right of way line of Goodlette Road as recorded in Plat Book 3,page 58,Public Records of Collier County,Florida; thence along said line South 05°33'48"East 1767.02 feet; thence leaving said line South 89°20'53"West 51.18 feet; thence North 23°55'53"West 13.07 feet; thence northwesterly,30.71 feet along the arc of a circular curve concave to the northeast,having a radius of 80.00 feet,through a central angle of 21°59'52"and being subtended by a chord which bears North 12°55'57"West 30.53 feet; thence North 05°00'53"West 31.56 feet; thence North 36°19'20"West 32.02 feet; thence North 56°04'35"West 35.11 feet; thence North 80°39'15"West 32.53 feet; thence North 88°39'12"West 97.78 feet; thence North 86°04'40"West 45.79 feet; thence North 89°49'48"West 132.77 feet; thence North 69°40'10"West 37.23 feet; thence South 89°20'53"West 142.47 feet; thence South 84°59'26"West 24.66 feet; thence South 74°56'50"West 121.32 feet; thence South 79°49'59"West 45.93 feet; thence westerly and northwesterly,45.51 feet along the arc of a circular curve concave to the northeast, having a radius of 66.00 feet,through a central angle of 39°30'16"and being subtended by a chord which bears North 80°24'53"West 44.61 feet to a point of compound curvature; thence northwesterly,52.92 feet along the arc of a circular curve concave to the southwest,having a radius of 150.00 feet,through a central angle of 20°12'57"and being subtended by a chord which bears North 70°46'13"West 52.65 feet; thence North 80°52'42"West 36.59 feet; Amended PUD(clean).DOC I-1 B/2242O06 Packet Page-122- thence westerly and southwesterly,46.18 feet along the arc of a circular curve concave to the southeast, having a radius of 80.00 feet,through a central angle of 33°04'14"and being subtended by a chord which bears South 82°35'11"West 45.54 feet to a point of compound curvature; thence southwesterly and westerly,38.16 feet along the arc of a circular curve concave to the northwest, having a radius of 60.00 feet,through a central angle of 36°26'19"and being subtended by a chord which bears South 84°16'14"West 37.52 feet to a point of compound curvature; thence westerly and northwesterly,68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet,through a central angle of 12°55'59"and being subtended by a chord which bears North 83°58'36"West 68.70 feet; thence South 89°33'25"West 18.36 feet; thence South 89°39'19"West 71.63 feet; 00 thence North 89°34'56"West 36.03 feet; thence South 86°06'41"West 42.94 feet; Ct thence South 83°44'16"West 26.23 feet; thence South 51°01'13"West 27.49 feet; N thence South 33°25'50"West 19.95 feet; thence South 15°40'05"West 20.54 feet; M thence South 10°54'39"West 34.64 feet; thence South 89°20'14"West 101.06 feet; thence North 10°46'06"East 101.42 feet; thence North 89°20'53"East 65.45 feet; thence North 00°39'07"West 100.64 feet; thence South 89°20'53"West 503.78 feet; thence North 00°39'07"West 27.71 feet; thence North 72°58'55"West 131.30 feet; thence North 02°08'56"West 1473.29 feet to a point on the south right of way line of said Immokalee Road(S.R.846)and the POINT OF BEGINNING of the parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°49'40"East. All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida being more particularly described as follows; Commencing at the northeast corner of said Section 27; thence along the east line of said Section 27,South 01°09'43"East 125.00 feet to a point on the south right of way line of Immokalee Road(S.R.846)and the POINT OF BEGINNING of the parcel herein described; thence continue along said east line South 01°09'43"East 1189.62 feet; thence leaving said line South 89°48'50"West 677.35 feet; thence South 05°35'39"East 886.02 feet; thence South 89°48'50"West 400.00 feet to a point on the easterly right of way line of Goodlette Frank Road as Recorded in Plat Book 13,page 58,Public records of Collier County,Florida; thence along said line North 05°35'39"West 2088.10 feet to a point of the south right of way line of said Immokalee Road(S.R.846); thence along said line South 89°49'40"East 1168.55 feet; thence continue along said line South 89°12'58"East 1.85 feet to the POINT OF BEGINNING of the parcel herein described; Containing 38.9 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°4626"East. AmendedPUD(cican).DOC 1-2 8/22/2006 3/12/2013 8.A. LESS A PORTION OF TRACTS"R"AND"Ll"CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT"R"(CREEKSIDE WAY) CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 • AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE RUN SOUTH 89°45'00"EAST,ALONG THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00°25'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60°02'56" EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82°32'14" EAST FOR A DISTANCE OF 119.17 FEET TO A POINT ON THE EAST LINE OF TRACT"L1"OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE; THENCE RUN SOUTH 00°07'39" EAST, ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 89°58'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 02°19'57" WEST, ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32 ACRES,MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Barron Collier Partnership,or its assigns,whose address is 2640 Golden Gate Parkway,Naples,FL 34105_ 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by Agriculturally zoned and developed property; on the north, across Immokalee Road by office and medical (North Collier Hospital) PUD zoned and developed property; on the east by Medical Office Park currently under development,County Park and County Wastewater Treatment Facility;and on the south by PUD and County Wastewater Treatment Facility. The location of the site is shown on Exhibit A Aerial Photograph,Location Map. B. The zoning classification of the subject property at the time of PUD application is I (Industrial)and A(Agricultural). C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park property is located within Zones "AE-l1" of the FEMA flood insurance rate. Topographic mapping is shown on Exhibit G. Amended PUD(clean).DOC 1-3 8/22/2006 Packet Page -124- D. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand, Basinger fine sand,Riveria fine sand,Ft.Drum and Malabar fine sand,and Satellite fine sand. Soil Conservation Service mapping of soil types is shown on Exhibit D. E. Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods. An isolated wetland system is located along the south side of Immokalee Road west of Goodlette-Frank Road. This wetland co consists primarily of Brazilian pepper that surrounds a small willow area. The ch wetland on the east side of Goodlette-Frank Road consists primarily of cabbage O palms. A portion of the historic water course within this wetland has been N channelized. Brazilian pepper has infested the northern part of this wetland. A detailed vegetation mapping is shown on Exhibit C. M F. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub-basins,as depicted within the Collier County Drainage Atlas (July, 1995). The Conceptual Stormwater Management Master Plan is shown on Exhibit H. 1.5 DEVELOPMENT OF REGIONAL IMPACT Creekside Commerce Park does not meet the minimum thresholds for a Development of Regional Impact(DRn,pursuant to Chapter 380.06,Florida Statutes, 1997,in that it is at or below 80%of all numerical thresholds in the guidelines and standards set forth therein. Amended PUD(ciean).DOC 1-4 8/22/2006 3/12/2013 8.A. SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Creekside Commerce Park (park), and to identify relationships to applicable County ordinances, policies,and procedures. 2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES A. Creekside Commerce Park will consist of predominately industrial, warehouse, wholesale, financial institutions,business and office uses, with limited amounts of retail uses. Creekside Commerce Park shall establish project-wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. B. The Master Plan is illustrated graphically on Exhibit B(WMB&P,Inc.File No. RZ- 225B). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code(LDC). 23 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Creekside Commerce Park shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply to which said regulations relate. B. Unless otherwise defined herein,or as necessarily implied by context,the definitions of all teens shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance,Division 3.15 of the LDC. D. All conditions imposed herein or as represented on the Creekside Commerce Park Master Plan are part of the regulations which govern the manner in which the land may be developed. Amended PUD(clean).DOC 2-1 8/22/2006 Packet Page-126- E. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Creekside Commerce Park,except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. F. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.73.6. Q 2.4 COMMUNITY DEVELOPMENT DISTRICT CO M A. The Developer may elect to establish a Community Development District (CDD) N pursuant to Chapter 190, Florida Statutes, 1997, to provide and maintain infrastructure and community facilities needed to serve the park. A CDD would CNI constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Creekside Commerce Park. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041,Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes and variations in building tracts,location and acreage of these uses shall be permitted at preliminary subdivision plat approval,preliminary site development plan approval and final site development plan approval to accommodate utilities, topography, vegetation,and other site and market conditions,subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of final subdivision plat approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County Code regulating subdivisions, unless otherwise approved during subdivision approval_ The Developer reserves the right Amended PUD(clean).DOC 2-2 8/22/2006 3/12/2013 8.A. to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. 2.6 LAKE SITING A. As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal of this Master Plan is to achieve and overall aesthetic character for the park, to permit optimum use of the land, and to increase the efficiency of the water management network. Fill material from lakes is planned to be utilized within the park; however, excess fill material may be utilized off-site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off-site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7.of the LDC. I. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval: a) Twenty feet (20') from right-of-way of internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope,road cross sections,and need for barriers. b) Forty feet (40') from Immokalee Road or Goodlette-Frank Road rights-of-way. Perimeter property lines will have a setback of twenty feet (20'). The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed,bank slope,road cross sections and need for barriers. 2.7 FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Creekside Commerce Park PUD. Fill material generated from properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the Developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6. of the LDC. The following standards shall apply: 1. Stockpile maximum height: Thirty-five feet(35') 2. Fill storage areas in excess of five feet(5') in height shall be separated from developed areas by fencing,excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e.3 to 1). Amended PUD(cleanj.DOC 2-3 8/22/2006 Packet Page -128- a) Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.8 USE OF RIGHTS-OF-WAY Utilization of lands within all park rights-of-way for landscaping,decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Community Development and Environmental Services Administrator for engineering and safety considerations during the development review process. r'') 2.9 SALES OFFICE AND CONSTRUCTION OFFICE N- O Sales offices,construction offices,and other uses and structures related to the promotion and cV sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be j permitted principal uses throughout Creekside Commerce Park. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4., Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use permit shall be valid through the life of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 1013-6 and may use potable water or irrigation wells. 2.10 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Alaikt A. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. B. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refmements to the Creekside Commerce Park Master Plan upon written request of the Developer or his assignee. C. The following limitations shall apply to such requests: 1) The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Creekside Commerce Park PUD document. 2) The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1.of the LDC. 3) The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses,water management facilities,and conservation areas within or external to the PUD. D. The following shall be deemed minor changes or refinements: Amended PUD(clean).DOC 2-4 8/22/2006 3/12/2013 8.A. I) Reconfiguration of lakes,ponds,canals,or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2) Internal realignment of rights-of-ways. 3) Reconfiguration of parcels per Section 5.5 of this PUD. E. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. F. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval,however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the park may be accomplished in phases to correspond with the planned development of the property. 2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will fully comply with all sections of the LDC and meet the requirements of the Growth Management Plan relating to open space and retention of native vegetation. Amended PUD(clean).DOC 2-5 8122/2006 Packet Page-130- 2.13 SURFACE WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 4-E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. The lake originally approved as Lake L- 1, Creekside Unit I Plat, shall continue to be operated and maintained in accordance with the approved plat and approved South Florida Water Management District Permit. Q co 2.14 ENVIRONMENTAL M NEnvironmental permitting shall be in accordance with the State of Florida Environmental cV Resource Permitting (ERP) Rules, and shall further be subject to review and approval by Collier County Planning Services Department Environmental Review Staff. M 2.15 UTILITIES 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 approvals are requested. 2.16 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective/associated entrance. B. There shall be a full access intersection at the park's southern entrance on Goodlette Frank Road. When justified by traffic warrants, this intersection shall be signalized,notwithstanding its proximity to Immokalee Road. C. Future access points to Immokalee and Goodlette-Frank Roads are those shown on the Creekside Commerce Park Master Plan. D. Arterial level street lighting shall be provided by the Developer at the park's main entrance in conjunction with the development of this entrance. E. Road impact fees shall be paid in accordance with the provisions of Ordinance 92-22,as amended. F. The Developer shall provide the appropriate easements or reserve right of way so that the southerly access road west of Goodlette Frank Road may be interconnected to the properties to the west of Creekside Commerce Park. Amended PUD(clean).DOC 2-6 6/22/2006 3/12/2013 8.A. G. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed warranted by Collier County. The signal shall be owned,operated and maintained by Collier County. H. The Developer agrees to complete construction of the segment of internal roadway that connects Goodlette-Frank Road to the I/C parcel (herein called "southern parcel") that is west of Goodlette Road and abuts Pelican Marsh prior to the first of the following to occur: 1) The issuance of a certificate of occupancy for the"southern parcel"; 2) The issuance of a certificate of occupancy on the second business parcel to be developed west of the Pine Ridge Drainage Easement; 3) Within 3 years of approval of this PUD;or 4) Within 9 months of obtaining "grant" money or other funds for construction of such infrastructure from an outside source. I. The I/C parcels west of the Pine Ridge Drainage Easement and immediately north of the south road shall connect for service and employee access at the time that the south road is extended to a point that they may connect. J. The Developer agrees to provide the County with an update of the Transportation Impact Statement(TIS)at the time of submittal of a Preliminary Subdivision Plat or Site Development Plan. K. The Goodlette-Frank Road southernmost access to the I/C parcel east of Goodlette-Frank Road shall be limited to a right-in/right-out access. 2.17 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the CDD or by a Property Owner's Association (POA). The CDD or the POA, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Creekside Commerce Park, in accordance with any applicable permits from the South Florida Water Management District. 2.18 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. Amended PUD(clean).DOC 2-7 8(22/2006 - - Packet Page-132- B. Creekside Commerce Park is planned as a functionally interrelated business park under unified control. The Developer will establish community-wide guidelines and standards to ensure a high level of quality for both the common areas and the individual parcel developments. C. These guidelines will serve as a control for individual parcel development, and be referred to as The Declaration of Covenants, Conditions and Restrictions for Creekside Commerce Park. The level of quality defined in this document is Q directed towards the creation of an attractive business environment, and these standards are the basis for evaluation of projects submitted for review to the Property Association's Architectural and Landscaping Committee, referred to as O the ALC. The standards in this document will include criteria for site planning, N architectural design, lighting, landscaping,and graphics and signage. D. The specific design guidelines will act as supplemental standards to the requirements of this Planned Unit Development Ordinance, and other County codes,but in no way supersede them. 1. Common Areas The master design of the park's entries and signage, streetscapes,and open space areas will form a harmonious framework that visually links the entire park together. This unified appearance will enhance the image of the entire community. Internal roadways will provide efficient vehicular circulation with streetscapes that create pleasant neighborhood environments. Streetscape plans will be designed to establish a hierarchy of landscape improvements appropriate in scale and character with the function of the street and adjacent land uses.Along these streetscapes a pedestrian walkway system will be established to link each project with the overall community. 2. Individual Projects A. Site Planning: Each individual parcel project will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the street to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and be sensitive to adjacent land uses and the surrounding community. B. Architectural standards: The objective of the architectural standards will be to promote the creation of an attractive, value-apparent business environment. Design elements throughout a project must be consistent with the nature of the chosen style and building materials selected. Project design should endeavor to adhere to the Amended PUD(clean).DOC 2-8 8/22(2006 3/12/2013 8.A. classical principles of design and avoid clichés, overly complex or garish motifs,while seeking to invoke a"timeless"quality. C. Lighting: The guidelines for lighting will establish a continuity of design for all lighting in the park which is consistent with the overall visual impression of the park. D. Landscaping: The purpose of landscape design guidelines within individual projects is to guide development toward harmonious and visually pleasing landscape that is cohesive with the overall master landscape plan. The Creekside landscape concept will have a naturalistic theme. Similar to the overall project's plant palette, individual sites will be dominated with plants that are native, xeric, or naturalized within Southwest Florida. Landscape designs will create a coherent theme which emphasizes plant material as a primary unifying element. 1. Landscape elements along public R.O.W.s will be complimentary to streetscape landscaping. Parcel entries will be designed to harmonize with adjacent streetscape landscaping,and clearly accentuate,the parcel entry. 2. Individual parking lots will be screened from the roadways as much as possible, without obscuring views of the building entrances. In addition, plant materials used around main entrances of buildings will visually cue visitors to—their location. E. Graphics/signage: The guidelines serve to provide continuity of design for all signage in the park which is consistent with the overall visual impression of the park. Parcel signage serves the identification needs of the individual tenants and user. 2.19 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Creekside Commerce Park. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the park. The following standards shall apply: A. Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the time of subdivision improvement per construction phase and will have the following characteristics: 1) Minimum width of 20'-0",measured from the R.O.W. Amended PUD(clean).DOC 2-9 8/222006 Packet Page-134- 2) Adjacent to Business District type uses within the Business District,trees will be native, xeric, or naturalized canopy trees, spaced at 25' on center (O.C.), planted at an initial height of 13'-14' overall (O.A.) with a 6' spread. In addition, a continuous 24"high shrub hedge shall be provided within the 20' buffer. B. Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed at the time of subdivision improvement per development phase and will have the following characteristics: co c) 1) Minimum width of 20'-0",measured from the R.O.W. 2) Adjacent to Business District type uses within the Business and Industrial/Commerce (I/C) Districts, trees will be native, xeric, or naturalized M canopy trees, spaced at 25' O.C.,planted at an initial height of 12' O.A.,with a 6' spread. At the time of individual lot improvements,hedges will be placed at parking lot edges to satisfy the requirements of LDC Section 2.4.7.4. 3) Adjacent to industrial type uses within the Industrial/Commerce District,trees will be native,xeric or naturalized canopy trees,spaced at 25' O.C.,planted at an initial height of 12' O.A,with a 6' spread. Trees will be placed on a berm, 3 feet high and supplemented with a 5 foot high hedge consisting of but not limited to the following plant material: coco plum, viburnam, ficus. The intent will be to obtain 80% opacity within one year of planting for travelers on Goodlette-Frank Road. C. Landscape buffers surrounding the perimeter of the park will be installed at the time of subdivision improvement per construction phase. The buffers are referenced on Exhibit B, and proceed in a clockwise direction from the northeast corner of the project as follows: 1) The landscape buffer along the eastern most property boundary, north of the preserve area, as depicted on Exhibit B, shall consist of an Alternative "A" type buffer. Any preservation areas within this buffer may be credited toward buffering requirements. 2) The preserve area along the balance of the eastern most property boundary will serve as the buffer between uses. 3) The Developer will provide a five feet (5')wide Alternative "A" type buffer with trees planted fifty feet (50') on center between the business use and the preserve/lake area, as depicted on Exhibit B. Amended PUD(clean).DOC 2-10 8/22/2006 3/12/2013 8.A. 4) The Developer will provide a five feet (5') wide Alternative "A" type landscape buffer with trees planted fifty feet(50') on center along the eastern property boundary contiguous to the Collier County Sewage Treatment Plant. 5) The landscape buffer along the southern most property boundary, east of Goodlette-Frank Road, shall be a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center. An opaque hedge six feet (6') high will be planted to supplement the existing oak tree buffer planted by the County at the Collier County Sewage Treatment Plant. 6) The existing landscape berm/buffer from Goodlette Frank Road to the west side of the Pine Ridge Drainage Easement will be supplemented as follows: a • type "A"buffer along the proposed lake; and the remaining area westward of the lake will be supplemented to consist of 50 sabal palms, 8'-14' O.A. and 4 Ficus nitida 12'-13' O.A.and 6'-8' wide;locations to be coordinated with the adjacent property owner. 7) The Developer will provide a ninety percent (90%) opaque landscape buffer and berm between the I/C District and the Pelican Marsh PUD from the west side of the Pine Ridge Drainage Easement to the existing berm to the west, that approximates the existing Pelican Marsh berm/buffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. The buffer shall meet ninety percent (90%) opacity within one (1)year of planting. 8) The Developer will supplement with additional trees the buffer along the remaining portion of the southern property line westward to achieve a ninety percent (90%) opaque buffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. 9) The landscape buffer between the I/C District and the adjacent Agricultural District along the southern portion of the western property line will be an Alternative"A"type buffer. 10)The landscape buffer between the R.O.W. and the adjacent Agricultural District to the west will be an Alternative"A"type buffer and be incorporated into the R.O.W. D. Maximum fence or wall height internal to the PUD: Twelve feet(12'). E. Landscape buffers,berms, fences and walls will be constructed along the perimeter of the Creekside Commerce Park PUD boundary concurrent with subdivision and site development construction phase,except where noted in this document. Amended PUD(clean).DOC 2-11 8/22/2006 Packet Page -136- F. Sidewalks, water management systems, drainage structures, and utilities may be allowed in landscape buffers pursuant to review and approval of the Development Services Administrator. G. Landscape berms located within the Creekside Commerce Park PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or encroaches into the right-of- way line when approved by the applicable owner or agency. eo 2.20 SIGNAGE - CO N- O A. GENERAL cv 1) Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide c j for the required comprehensive sign plan for the Creekside Commerce Park 2) Each platted parcel shall be considered a separate parcel of land. 3) Signs and decorative landscaped entrance features within a County dedicated right-of-way, shall require a right-of way permit subject to the review and approval of the County. 4) All signs shall be located so as not to cause sight line obstructions. B. PARK ENTRY SIGNS 1) Major park entry signs shall be located as depicted on Exhibit B. Each sign will not exceed 160 square feet in size on any side and signs will be no longer than 25 feet in length and 8 feet in height. 2) Minor park entry signs shall be located as depicted Exhibit B. Each minor monument sign will not exceed 100 square feet in size on any side. Minor monument signs will be no larger than 20 feet in length and 6 feet in height. C. INTERNAL SIGNS 1) Directional or identification signs are allowed within the business park. Such signs may be used to identify the location or direction of approved uses such as sales centers,information centers,etc. Individual signs may be a maximum of 4 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 25 square feet per side, and a maximum height of 8 feet. No building permit is required unless such signs are combined to form a menu board. 2) Grand Opening signs: The Developer or parcel owner may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding Amended PUD(clean).DOC 2-12 8/22/2006 3/12/2013 8.A. 64 square feet total. Banner signs shall be anchored and may be displayed on- site for a period not exceeding 14 days within the first three months that the Developer/occupant is open for business. D. USER SIGNS 1) Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning sign may be permitted for each single-occupancy facility, or for each establishment in a multiple-occupancy facility. Corner units within multiple- occupancy facilities, or multi-frontage single-occupancy facilities shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this ordinance. a. The maximum allowable display area for signs may not be more than 15 percent of the total square footage of the visual facade of the building to which the sign will be attached and may not, in any case, exceed 200 square feet in area for any sign. 2) Monument and Pole signs: One (l) monument or pole sign is permitted for each lot or parcel for each external and internal road frontage(s). a. Maximum allowable sign area: 60 square feet per side, if two-sided b. Maximum allowable height: 15 feet for pole signs, 8 feet for monument signs. c. Internal road frontage setbacks: A minimum of fifteen feet (15') from the edge of pavement. Signs may encroach within the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. d. External road frontage setbacks: Pole signs shall be setback from any external right-of-way in accordance with the applicable section of the LDC. Monument signs may be permitted closer to the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. e. Spot or floodlights may be permitted provided said light shines only on the signs or landscaping and is shielded from motorists and adjacent residents. Amended PUD(clean).DOC 2-13 V22/2006 Packet Page-138- f. Should the U.S. Postal Service purchase or lease land within Creekside Commerce Park,in addition to the user signs as permitted herein,they will be allowed one sign between Immokalee Road and the proposed lake adjacent to the west entry. E. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be designed to reflect a common architectural theme, in accordance with Section O 3.2.8.3.19.of the LDC. M 121 GENERAL PERMITTED USES N V- C() A. Certain uses shall be considered general permitted uses throughout the Creekside Commerce Park PUD except in the Preserve Area. General permitted uses are those uses which generally serve the Developer and tenants of Creekside Commerce Park and are typically part of the common infrastructure. B. General Permitted Uses: 1. Essential services as set forth under LDC,Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments_ 5. Guardhouses,gatehouses,and access control structures. 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways,parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 8. Fill storage subject to the standards set forth in Section 2.7 of this PUD. Site filling and grading as set forth in Section 2.7 of this PUD. 9. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. Amended PUD(clean).DOC 2-14 8222006 3/12/2013 8.A. 10. Sidewalks may occur within County required buffers if approved by the Community Development and Environmental Services Administrator. 11. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. 12. Creekside Commerce Park shall be permitted to develop with a maximum of 40 percent commercial uses. Commercial uses are defined as offices, health services, medical clinics, financial institutions, fitness centers, childcare centers, restaurants and retail sales in accordance with Section 3.3. C.2. hereof. Amended PUD(clean).DOC 2-15 8/22/2006 Packet Page -140- SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "1/C". 3.2 GENERAL DESCRIPTION M NAreas designated as "I/C" on the PUD Master Plan are intended to provide a maximum of 620,000 square feet of gross floor area of industrial/commerce uses on 41.6±net acres. The floor area ratio(FAR)for the designated industrial land uses shall not exceed.35. M 33 PERMITTED USES AND STRUCTURES 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. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. 1. Aircraft Parts and Auxiliary Equipment(Group 3728) 2. Apparel and Other Finished Products(Groups 2311-2399) 3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 4. Business Services (Groups 731I-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental ofi for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas;metal slitting and shearing on a contract or fee basis produce weighing service, not connected with Amended PUD(clean).DOC 3-1 &2212006 3/12/2013 8.A. transportation;scrap steel cutting on a contract or fee basis;solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services(Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service) 7. Computer and Office Equipment(Groups 3571-3579) 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors;fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors; gasoline pump installation contractors; lead burning contractors; and mobile home site setup and lie down contractors) 9. Depository and Non-Depository Institutions(Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives;opium derivatives) 11. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers, reactor; atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories;seed testing laboratories;veterinary testing laboratories) Amended PUD(clean).DOC 3-2 &'22/2006 Packet Page-142- 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452, 3469,3492,3495,3496,production of metal is prohibited) 15. Furniture and Fixtures Manufacturing(Groups 2511-2599) 16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311,9451,9511-9532,9611,9631-9661) *c a0 17. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - Nslugs printers'; ammunition and explosives loading machinery;brick making machines; cement making machinery; chemical kilns; control rod drive C j mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines;metal pickling equipment,except rolling mill lines) 18. Leather and Leather Products(Groups 3131-3199) 19. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods:Watches and Clocks Manufacturing(Groups 3812-3843, 3845-3873) 20. Membership Organizations(Groups 8611-8631) 21. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs:bleaching,blending,curring,scraping,and tanning;feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring, tanning, bleaching and dyeing; plumes, feather, tear gas devices and equipment;veils made of hair) 22. Motion Picture Production(Groups 7812-7819) 23. Motor Freight Transportation(Groups 4214,4215) 24. Packing and Crating(Group 4783) 25. Paper and Allied Products(Groups 2652-2657,2673-2679) 26. Personal Services(Groups 7213,7216,7219,7221) 27. Physical Fitness Facilities(Group 7991) 28. Plastic Materials and Synthetics(Groups 2833,2834) 29. Printing,Publishing and Allied Industries(Groups 2711-2791) Amended PUD(cican).DOC 3-3 8/22/2006 3/12/2013 8.A. 30. Professional Offices: including but not limited to, Travel Agencies (Group 4724); Insurance Agencies(Group 6411); Insurance Carriers (Groups 6311- 6399);Real Estate(Groups 6512,6514,6517,6519,6531,6541,6552,) 31. Rubber and Miscellaneous Plastic Products(Groups 3021,3085,3086,3088, 3089) 32. Transportation Equipment(Group 3732,except for boats,fiberglass:building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard:building and repairing) 33. United States Postal Service(Group 4311) 34. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage,petroleum and chemical bulk stations and automobile dead storage) only one (1) self-storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 35. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale; lumber. rough, dressed,and finished-wholesale;batteries,except automotive- wholesale; storage batteries,industrial-wholesale;unit substations-wholesale; boilers, power. industrial-wholesale; boilers, steam and hot water heating- wholesale; burners, fuel oil and distillate oil-wholesale; oil burners- wholesale) • 36. Wholesale Trade-Nondurable Goods (Groups 5111-5143, 5145, 5147-5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale; fish, tropical-wholesale; furs, dressed-wholesale; greases, animal and vegetable-wholesale; ice,manufactured or natural-wholesale, leather and cut stock-wholesale; linseed oil-wholesale; oils, except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude- wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs- wholesale;worms-wholesale) 37. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District B. Restricted Principal Uses The following medical related uses must be located within a I/4 mile radius of the hospital property boundary. Amended PUD(clean).DOC 3-4 8/22/2006 Packet Page-144- 1. Health Services,medical clinics and offices(Groups 8011-8049) 2. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8092,8099) 3. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. no M C. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to uses permitted in this N district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use,not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty feet(50') 2. Front Yard,Internal: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet(5')to internal property line along Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet(0') to bulkhead or rip-rap at top of bank, otherwise twenty feet(20') 5. Rear Yard:Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet (50') D. Maximum Height Thirty Five Feet (35'), including silos, storage tanks, elevator towers,satellite dishes,antennas,etc. Amended PUD(clean)_DOC 3-5 8/22/2006 3/12/2013 8.A. E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. F. All industrial building sides visible from roadways internal or external to the park shall have the appearance of a concrete material, such as, but not limited to, block, brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides visible from said roadways are prohibited; as well as exposed metal siding on any building west of Goodlette Frank Road. G. Business District type uses located within the I/C District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof, alternatively, said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator. 1. Section 2.8.3.5.1.,Purpose and Intent 2. Section 2.8.3.5.4.,Facade Standard 3. Section 2.8.3.5.6.,Project Standards 4. Section 2.8.3.5.7.,Detail Features except for 2.8.3.5.7.2. 5. Section 2.8.3.5.12. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north,east or west. J. Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel Amended PUD(elean).DOC 3-6 822/2006 Packet Page-146- boundaries. Best practical treatment,maintenance,and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property. Light fixtures within parking areas shall not exceed 25 feet in height. M. Emissions: All sources of air emissions shall comply with rules set forth by the Q Environmental Protection Agency(Code of Federal Regulations,Title 40)and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental Regulation. Amended PUD(clean).DOC 3-7 8/22/2006 3/12/2013 8.A. SECTION IV BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as"B". 4.2 GENERAL DESCRIPTION Areas designated as "B" on the PUD Master Plan are intended to provide a maximum of 190,000 square feet of floor area,including approximately 150,000 square feet of office uses and 40,000 square feet of retail uses on 19.1±net acres. The floor area ratio(FAR) for the designated business land uses shall not exceed.35. 43 PERMITTED USES AND STRUCTURES 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. Building Contractors(Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 2. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas;metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation;scrap steel cutting on a contract or fee basis;solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 3. Child Day Care Services(Group 8351) Amended PUD(clean).DOC 4-1 6/22/2006 Packet Page-148- 4. Convenience Store(Group 5411) and Gasoline Filling Station(Group 5541) only one(1)allowed. 5. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service. 6. Depository and Non-Depository Institutions (Groups 6011-6163) including automatic teller machines ao M 7. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; N cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, cV uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: Morganic and inorganic;morphine and derivatives;opium derivatives) 8. Eating Places(Group 5812)not including fast food and drive-thru restaurants 9. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 10. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories;seed testing laboratories;veterinary testing laboratories) 11. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311,9451,9511-9532,9611,9631-9661) 12. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-6399); Real Estate (Groups 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices(Groups 6712-6799);Attorneys(Group 8111) 13. Physical Fitness Facilities(Group 7991) 14. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within 1/4 mile radius of the hospital property boundary. Amended PUD(cican).DOC 4-2 8222006 3/12/2013 8.A. 1. Drug Stores and Proprietary Stores (Group 5912) Only one (1) drug store allowed, 2. Health Services,Medical Clinics and Offices(Groups 8011-8049) 3. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8099) 4. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use,not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard,Immokalee and Goodlette-Frank Roads: Fifty feet(50') 2. Front Yard,Internal Roads: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet (5') to internal property line along the Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise twenty feet(20') 5. Rear Yard:Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Amended PUD(clean).DOC 4-3 &22/2006 Packet Page-150- ___ a) Fifty feet(50')for buildings up to thirty five feet(35')in height. b) Three additional feet (3') for every one foot of building height over thirty five feet(35')adjoining residential districts. D. Maximum Height: Three stories over parking to a maximum of fifty feet(50') for buildings within 1/4 mile of the hospital property boundary except that no structure shall be greater than thirty-five feet (35'), on property west of the Pine Ridge Drainage Easement. E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8. Architectural and Site Design Standards and Site N N Design Standards for commercial buildings and projects. M F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. Amended PUD(clean).DOC 4-4 8!2712006 3/12/2013 8.A. SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Creekside Commerce Park,designated on the Master Plan,as Preserve Area. 5.2 GENERAL DESCRIPTION Areas designated as Preserve Area on the Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. 53 PERMITTED USES AND STRUCTURES No building or structure, or part thereof; shall be erected, altered or used, or land or water used,in whole or in part,for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks and nature trails(excluding asphalt paved trails). 2. Water management facilities. 3. Any other preserve and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Preserve Area. 5.4 PRESERVE DISTRICT PRESERVATION EASEMENT A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.73. for preservation lands included in the Preserve Area. The Developer, its successor or assign shall be responsible for the control and maintenance of lands within the Preserve Area. Exact location/boundary of the Preserve Area will be determined during the development permitting process with the South Florida Water Management District, Army Corps of Engineers,and Collier County. Amended run(clean).DOC 5-1 8/22/2006 Packet Page-152- 55 PRESERVE AREA ADJUSTMENTS The proposed native vegetation retention areas, depicted on the Creekside Commerce Park Q Master Plan, are intended for meeting the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made cr) to the location of the preservations areas at the time of preliminary plat or site development plan approval. If adjustments are needed, per the Collier County LDC the Developer will Nhave the option to increase the preservation in another area, enhance and preserve another N area, or provide increased native landscape per the Collier County LDC. The proposed Mpreservation areas,including 2.9 acres of wetlands and 4.1 acres of uplands,depicted on the Creekside Commerce Park master plan, are areas where the native vegetation requirements may be met as set forth in the Collier County LDC. Amended PUD(clean).DOC 5-2 8/22/2006 • 3/12/2013 8.A. •F:IPR l[ , iiij fi - is � �� 4 fr* P `ii ! ; /r----,1 4.,- ... .... .. ...... cis ,� 0 111 p, o A JñN ^ gi � � f ��� � I I 0 . .:�: i0i r em II i_ I I gil 1 5 a D ....m4. - \-- 1 la a ill sa ' i ' 1 11 Mil 4i;> t;E :� s�� s ___0 _ __------tea------- ,'es I,i . ''.° i 1111 li II 1 l ; P i , i J(//41 > 0411/ j f•t II 1 . zz i h ; F .... 54. Ili 1 :t ■ } � tj t I O ii I rip gEgr 32 . .�. OC1G70OC1X4❑1 . t'LI I fill 411 • I 1..i: . 1111414;1411 1 i g. . . . . . F6 • 4 1 E , E • =_-:=1,..-1---mimet: Packet Page-154- 850 PARK SHORE DRIVE TRANON CENTRE-THIRD FLOOR ROFTZ I_ @ANDRE S FL r 239.649.6200 MAIN A LEGAL PROFESSIONAL ASSOCIATION 239261.3659 FAX baadesoogralaw.com September 15,2006 VIA HAND DELIVERY AND E-MAIL . ... ... o) Mr.James V.Mudd, County Manager M Collier County Government • 0 3301 East Tamiami Trail N Naples,FL 34112 Re: Request to Reconsider—Naples Daily News PUD(PUDZ 2005-AR-8833)and Creekside Commerce Park PUD Amendment(PUDA 2005 Alt 8832) Dear County Manager Mudd: As the Petitioner's agent on both of the above-referenced items which were acted upon at the September 12, 2006 County Commission Meeting, I am filing this Request for Reconsideration of both items pursuant to Section 2-41 and Section 2-42 of the Collier County Code of Ordinances. Section 2-41 is applicable to the reconsideration of the approval of the Creekside PUD Amendment, and Section 2-42 is applicable to the request to reconsider the denial of the Naples Daily News PUD. The grounds for this reconsideration request are that there was a misunderstanding as to compliance of the Naples Daily News PUD with the Land Development Code and the Growth Management Plan;and the Amendment to the Creekside PUD was to rezone 2.3 acres of that PUD to become part of the denied Naples Daily News PUD. Both of these are companion items and should be considered together. It is my understanding from Joe Schmitt that if the reconsideration is approved at the September 26 County Commission meeting, that the earliest date both Petitions could be advertised and scheduled for hearings by the Commission is October 24. 1 would respectfully request that the County schedule and advertise the re-hearings on the merits for the October 24, 2006 County Commission meeting. Thank you very much for your attention to this matter. Should you have any questions,please do not hesitate to contact me. Sincerely, R.Bruce Anderson For the Finn RBA: CIPvIIAND To1IDO AKRON CoulMEus CSNa NNAu WASHINGTON,D.C. TALLAHASSEE FoRTMYERS NAPLES 5011302.11n78.0005 www.ralaw.com 3/12/2013 8.A. Mr.James Mudd,et al. September 15,2006 Page 2 cc: ALL VIA E-MAIL Commissioner Tom Henning Commissioner Fred Coyle Commissioner James Coletta Commissioner Donna Fiala Commissioner Frank Halas Mr.Paul Marinelli Mr.John Fish Mr.Wayne Arnold Mr.Joseph Schmitt Mr.Mike DeRuntz David C.Weigel,Esq. Marjorie Student-Stirling,Esq. 50530211187&0005 • Packet Page -156- STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do Q co hereby certify that the foregoing is a true and correct M Ncopy of: Cq ORDINANCE 2006-SO s, M Which was adopted by the Board of County Commissioners on the 24th day of October, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of October, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners . n ..0 . By: Teresa Dillard, Deputy Clerk 3/12/2013 8.A. CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT PREPARED FOR BARRON COLLIER PARTNERSHIP Packet Page -158- CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT 106±Acres Located in Section 27 Township 48 South,Range 25 East cci Collier County,Florida M o PREPARED FOR: (V N BARRON COLLIER PARTNERSHIP M2640 Golden Gate Parkway Naples,FL 34105 PREPARED BY: WILSON,MILLER,BARTON&PEEK,INC. 3200 Bailey Lane,Suite 200 Naples,Florida 34105 YOUNG,VAN ASSENDERP&VARNADOE,P.A. 801 Laurel Oak Drive,Suite 300 Naples,Florida 34101 AMENDED DECEMBER 2005 BY: Q.GRADY MINOR AND ASSOCIATES,P.A. 3800 Via Del Rey Bonita Spring,Florida 34134 ROETZEL AND ANDRESS,L.P.A. 850 Park Shore Drive,3`d Floor Naples,Florida 34103 AMENDED MAY 2012 BY: Q.GRADY MINOR AND ASSOCIATES.P.A. 3800 Via Del Rey Bonita Spring.Florida 34134 COLEMAN,YOVANOVICH AND KOES'IER,P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 Naples,FL 34103 Amended PUD(revisionl rev3 1-3-2013).doc January 3,2013 3/12/2013 8.A. TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,& 1-1 GENERAL DESCRIPTION SECTION II COMMERCE PARK DEVELOPMENT 2-1 2.1 Purpose 2.2 General Description Of The Park and Proposed Land Uses 2.3 Compliance With County Ordinances 2.4 Community Development District 2.5 Land Uses 2.6 Lake Siting 2.7 Fill Storage 2.8 Use Of Right-Of-Way 2.9 Sales Office and Construction Office 2.10 Changes and Amendments To PUD Document Or PUD Master Plan 2.11 Preliminary Subdivision Plat Phasing 2.12 Open Space and Native Vegetation Retention Requirements 2.13 Surface Water Management 2.14 Environmental 2.15 Utilities 2.16 Transportation 2.17 Common Area Maintenance 2.18 Design Guidelines and Standards 2.19 Landscape Buffers,Berms,Fences and Walls 2.20 Signage 2.21 General Permitted Uses SECTION III INDUSTRIAL/COMMERCE DISTRICT 3-1 SECTION IV BUSINESS DISTRICT 4-1 SECTION V PRESERVE AREA 5-1 EXHIBIT A AERIAL PHOTOGRAPH,LOCATION MAP (WMB&P File No. RZ-255A) EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN (WMB&P File No. RZ-255B) Amended PUD(revision]rev3 1-3-2013).doc 1 January 3,2013 Packet Page-160- 0 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Barron Collier Partnership,hereinafter referred to as Barron Collier or the Developer, to create a Planned Unit Development(PUD) on 106 k acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The development of Creekside Commerce Park will be in substantial compliance with the planning goals and objectives of Collier Q County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future M Land Use Element and other applicable regulations for the following reasons: o1. The subject property is within the Urban Mixed Use District as identified on the Future Land Use Map which allows certain industrial and commercial uses. The Urban designation also allows support medical facilities, offices, clinics, treatment, research and rehabilitative centers and pharmacies provided they are located within 1/4 mile of the property boundary of an existing or approved hospital or medical center. 2. The existing Industrial zoning is considered consistent with the Future Land Use Element (FLUE)as provided for by Policy 5.9 and 5.11 of the FLUE. 3. The FLUE Urban-Industrial District allows for expansion of the industrial land use provided the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned industrial the land use is compatible with adjacent land uses and the necessary infrastructure is provided or in place. Creekside Commerce Park has expanded the industrial land use accordingly. 4. The FLUE Urban-Industrial District requires the uses along the boundaries of the project to be transitional. Creekside Commerce Park has included transitional uses accordingly. 5. Creekside Commerce Park is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 6. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 7. The development of Creekside Commerce Park will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. 8. Creekside Commerce Park is a master planned, deed-restricted commerce park and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code(LDC),Planned Unit Development District. 9. This master planned park will incorporate elements from the existing Industrial, Business Park and Industrial PUD sections of the LDC. Amended PUD(revision]rev3 1-3-2013).doc 11 January 3,2013 3/12/2013 8.A. SHORT TITLE This ordinance shall be known and cited as the"CREEKSIDE COMMERCE PARK PLANNED UNIT DEVELOPMENT ORDINANCE". Amended PUD(revisionl rev3 1-3-2013).doc 111 January 3,2013 Packet Page -162- SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Creekside Commerce Park, and to describe the existing condition of the property proposed to be co developed. M 1.2 LEGAL DESCRIPTION N (N All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida being more particularly described as follows; COMMENCING at the northwest corner of said Section 27; thence along the north line of said Section 27 South 89°45'21"East 1869.61 feet; thence leaving said line South 00°14'39"West 125.00 feet to a point on the south right of way line of Immokalee Road(S.R. 846)and the POINT OF BEGINNING of the parcel herein described; thence along said right of way line in the following Six(6)described courses; 1)South 89°45'21"East 485.99 feet; 2)South 00°14'39"West 10.00 feet; 3)South 89°45'21"East 150.19 feet; 4)South 89°48'33"East 716.81 feet; 5)North 05°34'33"West 10.05 feet; * 6)South 89°48'33"East 486.21 feet to a point on the west right of way line of Goodlette Road as recorded in Plat Book 3,page 58,Public Records of Collier County,Florida; thence along said line South 05°33'48"East 1767.02 feet; thence leaving said line South 89°20'53"West 51.18 feet; thence North 23°55'53"West 13.07 feet; thence northwesterly,30.71 feet along the arc of a circular curve concave to the northeast,having a radius of 80.00 feet,through a central angle of 21°59'52"and being subtended by a chord which bears North 12°55'57"West 30.53 feet; thence North 05°00'53"West 31.56 feet; thence North 36°19'20"West 32.02 feet; thence North 56°04'35"West 35.11 feet; thence North 80°39'15"West 32.53 feet; thence North 88°39'12"West 97.78 feet; thence North 86°04'40"West 45.79 feet; thence North 89°49'48"West 132.77 feet; thence North 69°40'10"West 37.23 feet; thence South 89°20'53"West 142.47 feet; thence South 84°59'26"West 24.66 feet; thence South 74°56'50"West 121.32 feet; thence South 79°49'59"West 45.93 feet; thence westerly and northwesterly,45.51 feet along the arc of a circular curve concave to the northeast, having a radius of 66.00 feet,through a central angle of 39°30'16"and being subtended by a chord which bears North 80°24'53"West 44.61 feet to a point of compound curvature; thence northwesterly,52.92 feet along the arc of a circular curve concave to the southwest,having a radius of 150.00 feet,through a central angle of 20°12'57"and being subtended by a chord which bears North 70°46'13"West 52.65 feet; thence North 80°52'42"West 36.59 feet; Amended PUD(revisionl rev3 1-3-2013).doc 1-1 January 3,2013 3/12/2013 8.A. thence westerly and southwesterly,46.18 feet along the arc of a circular curve concave to the southeast, having a radius of 80.00 feet,through a central angle of 33°04'14"and being subtended by a chord which bears South 82°35'11"West 45.54 feet to a point of compound curvature; thence southwesterly and westerly,38.16 feet along the arc of a circular curve concave to the northwest, having a radius of 60.00 feet,through a central angle of 36°26'19"and being subtended by a chord which bears South 84°16'14"West 37.52 feet to a point of compound curvature; thence westerly and northwesterly,68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet,through a central angle of 12°55'59"and being subtended by a chord which bears North 83°58'36"West 68.70 feet; thence South 89°33'25"West 18.36 feet; thence South 89°39'19"West 71.63 feet; thence North 89°34'56"West 36.03 feet; thence South 86°06'41"West 42.94 feet; thence South 83°44'16"West 26.23 feet; thence South 51°01'13"West 27.49 feet; thence South 33°25'50"West 19.95 feet; thence South 15°40'05"West 20.54 feet; thence South 10°54'39"West 34.64 feet; thence South 89°20'14"West 101.06 feet; thence North 10°46'06"East 101.42 feet; thence North 89°20'53"East 65.45 feet; thence North 00°39'07"West 100.64 feet; thence South 89°20'53"West 503.78 feet; thence North 00°39'07"West 27.71 feet; thence North 72°58'55"West 131.30 feet; thence North 02°08'56"West 1473.29 feet to a point on the south right of way line of said Immokalee Road(S.R. 846)and the POINT OF BEGINNING of the parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°49'40"East. All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida being more particularly described as follows; Commencing at the northeast corner of said Section 27; thence along the east line of said Section 27,South 01°09'43"East 125.00 feet to a point on the south right of way line of Immokalee Road(SR. 846)and the POINT OF BEGINNING of the parcel herein described; thence continue along said east line South O1°09'43"East 1189.62 feet; thence leaving said line South 89°48'50"West 677.35 feet; thence South 05°35'39"East 886.02 feet; thence South 89°48'50"West 400.00 feet to a point on the easterly right of way line of Goodlette Frank Road as Recorded in Plat Book 13,page 58,Public records of Collier County,Florida; thence along said line North 05°35'39"West 2088.10 feet to a point of the south right of way line of said Immokalee Road(S.R.846); thence along said line South 89°49'40"East 1168.55 feet; thence continue along said line South 89°12'58"East 1.85 feet to the POINT OF BEGINNING of the parcel herein described; Containing 38.9 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°46'26"East. Amended PUD(revisionl rev3 1-3-2013).doc 1-2 January 3,2013 Packet Page -164- LESS A PORTION OF TRACTS"R"AND"L 1"CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: Q BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT"R"(CREEKSIDE WAY) CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 ce) AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE RUN SOUTH 89°45'00"EAST,ALONG THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH j 00°25'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60°02'56" EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82°32'14" EAST FOR A DISTANCE OF 119.17 FEET TO A POINT ON THE EAST LINE OF TRACT "L1" OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE; THENCE RUN SOUTH 00°07'39" EAST, ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 89°58'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SAID TRACT "It"; THENCE RUN NORTH 02°19'57" WEST, ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32 Amok,. ACRES,MORE OR LESS. 13 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Barron Collier Partnership,or its assigns,whose address is 2640 Golden Gate Parkway,Naples,FL 34105. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by Agriculturally zoned and developed property; on the north, across Immokalee Road by office and medical (North Collier Hospital) PUD zoned and developed property; on the east by Medical Office Park currently under development, County Park and County Wastewater Treatment Facility; and on the south by PUD and County Wastewater Treatment Facility. The location of the site is shown on Exhibit A Aerial Photograph,Location Map. B. The zoning classification of the subject property at the time of PUD application is I (Industrial)and A(Agricultural). C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park Amended PUD(revisionl rev3 1-3-2013).doc 1-3 January 3,2013 3/12/2013 8.A. property is located within Zones "AE-11" of the FEMA flood insurance rate. Topographic mapping is shown on Exhibit G. D. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand, Basinger fine sand,Riveria fine sand,Ft.Drum and Malabar fine sand,and Satellite fine sand. Soil Conservation Service mapping of soil types is shown on Exhibit D. E. Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods. An isolated wetland system is located along the south side of Immokalee Road west of Goodlette-Frank Road. This wetland consists primarily of Brazilian pepper that surrounds a small willow area. The wetland on the east side of Goodlette-Frank Road consists primarily of cabbage palms. A portion of the historic water course within this wetland has been channelized. Brazilian pepper has infested the northern part of this wetland. A detailed vegetation mapping is shown on Exhibit C. F. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub-basins, as depicted within the Collier County Drainage Atlas (July, 1995). The Conceptual Stormwater Management Master Plan is shown on Exhibit H. 1.5 DEVELOPMENT OF REGIONAL IMPACT Creekside Commerce Park does not meet the minimum thresholds for a Development of Regional Impact(DRI),pursuant to Chapter 380.06,Florida Statutes, 1997, in that it is at or below 80%of all numerical thresholds in the guidelines and standards set forth therein. Amended PUD(revision]rev3 1-3-2013).doc 1-4 January 3,2013 Packet Page-166- SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Creekside Commerce Park (park), and to identify relationships to applicable County ordinances, co policies,and procedures. M 2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES N_ A. Creekside Commerce Park will consist of predominately industrial, warehouse, wholesale, financial institutions, business and office uses, with limited amounts of retail uses. Creekside Commerce Park shall establish project-wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. B. The Master Plan is illustrated graphically on Exhibit B (WMB&P,Inc.File No. RZ- 225B). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code(LDC). 23 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Creekside Commerce Park shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply to which said regulations relate. B. Unless otherwise defined herein,or as necessarily implied by context,the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance,Division 3.15 of the LDC. D. All conditions imposed herein or as represented on the Creekside Commerce Park Master Plan are part of the regulations which govern the manner in which the land may be developed. Amended PUD(revisions rev3 1-3-2013).doc 2-1 January 3,2013 3/12/2013 8.A. E. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Creekside Commerce Park, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. F. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. The Developer may elect to establish a Community Development District (CDD) pursuant to Chapter 190, Florida Statutes, 1997, to provide and maintain infrastructure and community facilities needed to serve the park. A CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and fmanced by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Creekside Commerce Park. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes and variations in building tracts,location and acreage of these uses shall be permitted at preliminary subdivision plat approval,preliminary site development plan approval and fmal site development plan approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of fmal subdivision plat approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance Amended PUD(revisionl rev3 1-3-2013).doc 2-2 January 3,2013 Packet Page-168- with the applicable provisions of the County Code regulating subdivisions, unless otherwise approved during subdivision approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. 2.6 LAKE SITING A. As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal of this Master Plan is to achieve and overall aesthetic character for the park, to oo co permit optimum use of the land, and to increase the efficiency of the water management network. Fill material from lakes is planned to be utilized within the Npark; however, excess fill material may be utilized off-site. The volume of N material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more co off-site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. 1. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval: oft a) Twenty feet (20') from right-of-way of internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope,road cross sections, and need for barriers. b) Forty feet (40') from Immokalee Road or Goodlette-Frank Road rights-of-way. Perimeter property lines will have a setback of twenty feet (20'). The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed,bank slope,road cross sections and need for barriers. 2.7 FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Creekside Commerce Park PUD. Fill material generated from properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the Developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6.of the LDC. The following standards shall apply: 1. Stockpile maximum height: Thirty-five feet(35') Amended PUD(revisionl rev3 1-3-2013).doc 2-3 January 3,2013 3/12/2013 8.A. 2. Fill storage areas in excess of five feet (5') in height shall be separated from developed areas by fencing,excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). a) Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.8 USE OF RIGHTS-OF-WAY Utilization of lands within all park rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Community Development and Environmental Services Administrator for engineering and safety considerations during the development review process. 2.9 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices,construction offices,and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout Creekside Commerce Park. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4., Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use permit shall be valid through the life of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6 and may use potable water or irrigation wells. 2.10 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN A. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. B. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Creekside Commerce Park Master Plan upon written request of the Developer or his assignee. C. The following limitations shall apply to such requests: 1) The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Creekside Commerce Park PUD document. 2) The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1.of the LDC. Amended PUD(revisionl rev3 1-3-2013).doe 2-4 January 3,2013 Packet Page-170- 3) The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses,water management facilities,and conservation areas within or external to the PUD. D. The following shall be deemed minor changes or refinements: 1) Reconfiguration of lakes,ponds,canals, or other water management facilities where such changes are consistent with the criteria of the South Florida co Water Management District and Collier County. M 0 2) Internal realignment of rights-of-ways. N 3) Reconfiguration of parcels per Section 5.5 of this PUD. E. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Sery ices Administrator's consideration for approval. F. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval,however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the park may be accomplished in phases to correspond with the planned development of the property. 2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will fully comply with all sections of the LDC and meet the requirements of the Growth Management Plan relating to open space and retention of native vegetation. 2.13 SURFACE WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 4-E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. The lake originally approved as Lake L- 1, Creekside Unit I Plat, shall continue to be operated and maintained in accordance with the approved plat and approved South Florida Water Management District Permit. Amended PUD(revisionl rev3 1-3-2013).doc 2-5 January 3,2013 3/12/2013 8.A. 2.14 ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permitting (ERP) Rules, and shall further be subject to review and approval by Collier County Planning Services Department Environmental Review Staff. 2.15 UTILITIES 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 approvals are requested. 2.16 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective/associated entrance. B. There shall be a full access intersection at the park's southern entrance on Goodlette Frank Road. When justified by traffic warrants, this intersection shall be signalized,notwithstanding its proximity to Immokalee Road. C. Future access points to Immokalee and Goodlette-Frank Roads are those shown on the Creekside Commerce Park Master Plan. D. Arterial level street lighting shall be provided by the Developer at the park's main entrance in conjunction with the development of this entrance. E. Road impact fees shall be paid in accordance with the provisions of Ordinance 92-22, as amended. F. The Developer shall provide the appropriate easements or reserve right of way so that the southerly access road west of Goodlette Frank Road may be interconnected to the properties to the west of Creekside Commerce Park. G. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. H. The Developer agrees to complete construction of the segment of internal roadway that connects Goodlette-Frank Road to the I/C parcel (herein called "southern parcel") that is west of Goodlette Road and abuts Pelican Marsh prior to the first of the following to occur: Amended PUD(revisionl rev3 1-3-2013).doc 2-6 January 3,2013 Packet Page-172- 1) The issuance of a certificate of occupancy for the"southern parcel"; 2) The issuance of a certificate of occupancy on the second business parcel to be developed west of the Pine Ridge Drainage Easement; 3) Within 3 years of approval of this PUD; or 4) Within 9 months of obtaining "grant" money or other funds for co construction of such infrastructure from an outside source. M CD I. The I/C parcels west of the Pine Ridge Drainage Easement and immediately north of the south road shall connect for service and employee access at the time that the south road is extended to a point that they may connect. J. The Developer agrees to provide the County with an update of the Transportation Impact Statement (TIS) at the time of submittal of a Preliminary Subdivision Plat or Site Development Plan. K. The Goodlette-Frank Road southernmost access to the I/C parcel east of Goodlette-Frank Road shall be limited to a right-in/right-out access. 2.17 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the CDD or by a Property Owner's Association (POA). The CDD or the POA, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Creekside Commerce Park, in accordance with any applicable permits from the South Florida Water Management District. 2.18 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. B. Creekside Commerce Park is planned as a functionally interrelated business park under unified control. The Developer will establish community-wide guidelines and standards to ensure a high level of quality for both the common areas and the individual parcel developments. C. These guidelines will serve as a control for individual parcel development, and be referred to as The Declaration of Covenants, Conditions and Restrictions for Creekside Commerce Park. The level of quality defined in this document is directed towards the creation of an attractive business environment, and these Amended PUD(revisionl rev3 1-3-2013).doc 2-7 January 3,2013 3/12/2013 8.A. standards are the basis for evaluation of projects submitted for review to the Property Association's Architectural and Landscaping Committee, referred to as the ALC. The standards in this document will include criteria for site planning, architectural design, lighting, landscaping,and graphics and signage. D. The specific design guidelines will act as supplemental standards to the requirements of this Planned Unit Development Ordinance, and other County codes, but in no way supersede them. 1. Common Areas The master design of the park's entries and signage, streetscapes, and open space areas will form .a harmonious framework that visually links the entire park together. This unified appearance will enhance the image of the entire community. Internal roadways will provide efficient vehicular circulation with streetscapes that create pleasant neighborhood environments. Streetscape plans will be designed to establish a hierarchy of landscape improvements appropriate in scale and character with the function of the street and adjacent land uses.Along these streetscapes a pedestrian walkway system will be established to link each project with the overall community. 2. Individual Projects A. Site Planning: Each individual parcel project will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the street to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and be sensitive to adjacent land uses and the surrounding community. B. Architectural standards: The objective of the architectural standards will be to promote the creation of an attractive, value-apparent business environment. Design elements throughout a project must be consistent with the nature of the chosen style and building materials selected. Project design should endeavor to adhere to the classical principles of design and avoid clichés, overly complex or garish motifs,while seeking to invoke a"timeless"quality. C. Lighting: The guidelines for lighting will establish a continuity of design for all lighting in the park which is consistent with the overall visual impression of the park. D. Landscaping: The purpose of landscape design guidelines within individual projects is to guide development toward harmonious and Amended PUD(revisionl rev3 1-3-2013).doc 2-8 January 3,2013 Packet Page-174- visually pleasing landscape that is cohesive with the overall master landscape plan. The Creekside landscape concept will have a naturalistic theme. Similar to the overall project's plant palette, individual sites will be dominated with plants that are native, xeric, or naturalized within Southwest Florida. Landscape designs will create a coherent theme which emphasizes plant material as a primary unifying element. Q co 1. Landscape elements along public R.O.W.s will be complimentary to streetscape landscaping. Parcel entries will be designed to harmonize with adjacent streetscape N landscaping, and clearly accentuate,the parcel entry. N 2. Individual parking lots will be screened from the roadways as much as possible, without obscuring views of the building entrances. In addition, plant materials used around main entrances of buildings will visually cue visitors to-their location. E. Graphics/signage: The guidelines serve to provide continuity of design for all signage in the park which is consistent with the overall visual impression of the park. Parcel signage serves the identification needs of the individual tenants and user. 2.19 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Creekside Commerce Park. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the park. The following standards shall apply: A. Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the time of subdivision improvement per construction phase and will have the following characteristics: 1) Minimum width of 20'-0",measured from the R.O.W. 2) Adjacent to Business District type uses within the Business District, trees will be native, xeric, or naturalized canopy trees, spaced at 25' on center (O.C.), planted at an initial height of 13'-14' overall (O.A.) with a 6' spread. In addition, a continuous 24" high shrub hedge shall be provided within the 20' buffer. Amended PUD(revisionl rev3 1-3-2013).doc 2-9 January 3,2013 3/12/2013 8.A. B. Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed at the time of subdivision improvement per development phase and will have the following characteristics: 1) Minimum width of 20'-0",measured from the R.O.W. 2) Adjacent to Business District type uses within the Business and Industrial/Commerce (I/C) Districts, trees will be native, xeric, or naturalized canopy trees, spaced at 25' O.C.,planted at an initial height of 12' O.A., with a 6' spread. At the time of individual lot improvements,hedges will be placed at parking lot edges to satisfy the requirements of LDC Section 2.4.7.4. 3) Adjacent to industrial type uses within the Industrial/Commerce District, trees will be native, xeric or naturalized canopy trees, spaced at 25' O.C.,planted at an initial height of 12' O.A,with a 6' spread. Trees will be placed on a berm, 3 feet high and supplemented with a 5 foot high hedge consisting of but not limited to the following plant material: coco plum, viburnam, ficus. The intent will be to obtain 80% opacity within one year of planting for travelers on Goodlette-Frank Road. C. Landscape buffers surrounding the perimeter of the park will be installed at the time of subdivision improvement per construction phase. The buffers are referenced on Exhibit B, and proceed in a clockwise direction from the northeast corner of the project as follows: 1) The landscape buffer along the eastern most property boundary, north of the preserve area, as depicted on Exhibit B, shall consist of an Alternative "A" type buffer. Any preservation areas within this buffer may be credited toward buffering requirements. 2) The preserve area along the balance of the eastern most property boundary will serve as the buffer between uses. 3) The Developer will provide a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center between the business use and the preserve/lake area, as depicted on Exhibit B. 4) The Developer will provide a five feet (5') wide Alternative "A" type landscape buffer with trees planted fifty feet(50') on center along the eastern property boundary contiguous to the Collier County Sewage Treatment Plant. 5) The landscape buffer along the southern most property boundary, east of Goodlette-Frank Road, shall be a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center. An opaque hedge six feet Amended PUD(revision1 rev3 1-3-2013).doc 2-10 January 3,2013 Packet Page-176- (6')high will be planted to supplement the existing oak tree buffer planted by the County at the Collier County Sewage Treatment Plant. 6) The existing landscape berm/buffer from Goodlette Frank Road to the west side of the Pine Ridge Drainage Easement will be supplemented as follows: a type "A" buffer along the proposed lake; and the remaining area westward of the lake will be supplemented to consist of 50 sabal palms, 8'-14' O.A. and 4 Ficus nitida 12'-13' O.A. and 6'-8' wide; locations to be coordinated with the co adjacent property owner. M 0 7) The Developer will provide a ninety percent (90%) opaque landscape buffer and berm between the I/C District and the Pelican Marsh PUD from the west side of the Pine Ridge Drainage Easement to the existing berm to the west, jthat approximates the existing Pelican Marsh berm/buffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. The buffer shall meet ninety percent (90%) opacity within one (1)year of planting. 8) The Developer will supplement with additional trees the buffer along the remaining portion of the southern property line westward to achieve a ninety percent (90%) opaque buffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. 9) The landscape buffer between the I/C District and the adjacent Agricultural District along the southern portion of the western property line will be an Alternative"A"type buffer. 10)The landscape buffer between the R.O.W. and the adjacent Agricultural District to the west will be an Alternative "A"type buffer and be incorporated into the R.O.W. D. Maximum fence or wall height internal to the PUD: Twelve feet(12'). E. Landscape buffers, berms, fences and walls will be constructed along the perimeter of the Creekside Commerce Park PUD boundary concurrent with subdivision and site development construction phase,except where noted in this document. F. Sidewalks, water management systems, drainage structures, and utilities may be allowed in landscape buffers pursuant to review and approval of the Development Services Administrator. G. Landscape berms located within the Creekside Commerce Park PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or encroaches into the right-of- way line when approved by the applicable owner or agency. Amended PUD(revisionl rev3 1-3-2013).doc 2-11 January 3,2013 3/12/2013 8.A. 2.20 SIGNAGE A. GENERAL 1) Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide for the required comprehensive sign plan for the Creekside Commerce Park 2) Each platted parcel shall be considered a separate parcel of land. 3) Signs and decorative landscaped entrance features within a County dedicated right-of-way, shall require a right-of way permit subject to the review and approval of the County. 4) All signs shall be located so as not to cause sight line obstructions. B. PARK ENTRY SIGNS 1) Major park entry signs shall be located as depicted on Exhibit B. Each sign will not exceed 160 square feet in size on any side and signs will be no longer than 25 feet in length and 8 feet in height. 2) Minor park entry signs shall be located as depicted Exhibit B. Each minor monument sign will not exceed 100 square feet in size on any side. Minor monument signs will be no larger than 20 feet in length and 6 feet in height. C. INTERNAL SIGNS 1) Directional or identification signs are allowed within the business park. Such signs may be used to identify the location or direction of approved uses such as sales centers, information centers, etc. Individual signs may be a maximum of 4 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 25 square feet per side, and a maximum height of 8 feet. No building permit is required unless such signs are combined to form a menu board. 2) Grand Opening signs: The Developer or parcel owner may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. Banner signs shall be anchored and may be displayed on- site for a period not exceeding 14 days within the first three months that the Developer/occupant is open for business. D. USER SIGNS Amended PUD(revisionl rev3 1-3-2013).doc 2-12 January 3,2013 Packet Page-178- 1) Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning sign may be permitted for each single-occupancy facility, or for each establishment in a multiple-occupancy facility. Corner units within multiple- occupancy facilities, or multi-frontage single-occupancy facilities shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Q ordinance. ao a. The maximum allowable display area for signs may not be more than 15 percent of the total square footage of the visual facade of the building to N which the sign will be attached and may not, in any case, exceed 200 cv square feet in area for any sign. 2) Monument and Pole signs: One (1) monument or pole sign is permitted for each lot or parcel for each external and internal road frontage(s). a. Maximum allowable sign area: 60 square feet per side, if two-sided b. Maximum allowable height: 15 feet for pole signs, 8 feet for monument signs. c. Internal road frontage setbacks: A minimum of fifteen feet (15') from the edge of pavement. Signs may encroach within the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. d. External road frontage setbacks: Pole signs shall be setback from any external right-of-way in accordance with the applicable section of the LDC. Monument signs may be permitted closer to the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. e. Spot or floodlights may be permitted provided said light shines only on the signs or landscaping and is shielded from motorists and adjacent residents. f. Should the U.S. Postal Service purchase or lease land within Creekside Commerce Park, in addition to the user signs as permitted herein,they will be allowed one sign between Immokalee Road and the proposed lake adjacent to the west entry. E. TRAFFIC SIGNS Amended PUD(revisionl rev3 1-3-2013).doc 2-13 January 3,2013 3/12/2013 8.A. Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be designed to reflect a common architectural theme, in accordance with Section 3.2.8.3.19. of the LDC. 2.21 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Creekside Commerce Park PUD except in the Preserve Area. General permitted uses are those uses which generally serve the Developer and tenants of Creekside Commerce Park and are typically part of the common infrastructure. B. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses,gatehouses,and access control structures. 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways,parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 8. Fill storage subject to the standards set forth in Section 2.7 of this PUD. Site filling and grading as set forth in Section 2.7 of this PUD. 9. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. 10. Sidewalks may occur within County required buffers if approved by the Community Development and Environmental Services Administrator. Amended PUD(revisionl rev3 1-3-2013).doc 2-14 January 3,2013 Packet Page-180- 11. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. 12. Creekside Commerce Park shall be permitted to develop with a maximum of 40 percent commercial uses. Commercial uses are defined as offices, health services, medical clinics, fmancial institutions, fitness centers, childcare centers, restaurants and retail sales in accordance with Section 3.3. C.2. o0 hereof. N M Amended PUD(revisionl rev3 1-3-2013).doc 2-15 January 3,2013 3/12/2013 8.A. SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as"I/C". 3.2 GENERAL DESCRIPTION Areas designated as "PC" on the PUD Master Plan are intended to provide a maximum of 620,000 square feet of gross floor area of industrial/commerce uses on 41.6± net acres. Intermediate care (SIC Code 8052), and hotel/motel uses (SIC Code 7011) are in addition to the IC gross square footage figures. The overall floor area ratio (FAR) for the IC designated industrial land usesareas shall not exceed.35;however. individual parcels may be developed at a higher FAR and the FAR for hotel/motel. group housing and intermediate care facilities(SIC Code 8052) shall not exceed.6. (Refer to Section 3.5, Deviations) 3.3 PERMITTED USES AND STRUCTURES 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. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. 1. Aircraft Parts and Auxiliary Equipment(Group 3728) 2. Apparel and Other Finished Products(Groups 2311-2399) 3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 4. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; Amended PUD(revisionl rev3 1-3-2013).doc 3-1 January 3,2013 Packet Page-182- bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas;metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or Q fee basis) co 5. Child Day Care Services(Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service) 7. Computer and Office Equipment(Groups 3571-3579) 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors; gasoline pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non-Depository Institutions(Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives;opium derivatives) 11. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers, reactor; atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) Amended PUD(revisionl rev3 1-3-2013).doc 3-2 January 3,2013 3/12/2013 8.A. 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories;veterinary testing laboratories) 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452, 3469,3492,3495,3496,production of metal is prohibited) 15. Furniture and Fixtures Manufacturing(Groups 2511-2599) 16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311,9451,9511-9532, 9611,9631-9661)_ 4-6 17. Hotels /Motels (Group 7011), not to exceed a maximum of 240 rooms for the entire PUD. 418. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers'; ammunition and explosives loading machinery;brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal fmishing equipment for plating, except rolling mill lines;metal pickling equipment,except rolling mill lines) 4-8:19. Leather and Leather Products(Groups 3131-3199) 4-9:20. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods: Watches and Clocks Manufacturing(Groups 3812-3843, 3845-3873) 20.21. Membership Organizations(Groups 8611-8631) 2-1-22. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs:bleaching,blending,curring, scraping,and tanning;feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring, tanning, bleaching and dyeing; plumes, feather; tear gas devices and equipment;veils made of hair) 22.23. Motion Picture Production(Groups 7812-7819) 23:24. Motor Freight Transportation(Groups 4214,4215) Amended PUD(revisionl rev3 1-3-2013).doc 3-3 January 3,2013 Packet Page-184- 24.25. Packing and Crating(Group 4783) 25.26. Paper and Allied Products(Groups 2652-2657,2673-2679) 26.27. Personal Services(Groups 7213,7216,7219,7221) 27:28. Physical Fitness Facilities(Group 7991) 25:29. Plastic Materials and Synthetics(Groups 2833,2834) Q 29.30. Printing,Publishing and Allied Industries(Groups 2711-2791) (x 3&31. Professional Offices: including but not limited to, Travel Agencies (Group 0 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311- 6399);Real Estate(Groups 6512, 6514,6517,6519, 6531,6541,6552,) N 3-1732. Rubber and Miscellaneous Plastic Products(Groups 3021, 3085, 3086,3088, 3089) 32.33. Transportation Equipment(Group 3732,except for boats,fiberglass:building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard:building and repairing) 33.34. United States Postal Service(Group 4311) 3435. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage, petroleum and chemical bulk stations and automobile dead storage) only one (1) self-storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 35.36. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale; lumber:rough,dressed,and finished-wholesale;batteries,except automotive- wholesale; storage batteries,industrial-wholesale;unit substations-wholesale; boilers, power: industrial-wholesale; boilers, steam and hot water heating- wholesale; burners, fuel oil and distillate oil-wholesale; oil burners- wholesale) 36.37. Wholesale Trade-Nondurable Goods (Groups 5111-5143, 5145, 5147-5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale; fish, tropical-wholesale; furs, dressed-wholesale; greases, animal and vegetable-wholesale; ice, manufactured or natural-wholesale, leather and cut stock-wholesale; linseed oil-wholesale; oils, except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude- wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs- wholesale;worms-wholesale) Amended PUD(revisionl rev3 1-3-2013).doc 3-4 January 3,2013 3/12/2013 8.A. 38. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within a 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to Assisted living facilities, independent living units, skilled nursing units and continuing care retirement communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1,3.3.B.2,4.3.B.1 and 4.3.B.3. 4-2. Health Services, medical clinics and offices (Groups 8011-8049, 8052). a maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1,3.3.B.2.4.3.B.1 and 4.3.B.3. z3. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8092, 8099) 3.1. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent(40%) of the gross floor area of the permitted principal use. D. Operational Requirements for Group Housing Group housing uses described in Section 3.2.B.1 shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. Amended PUD(revisionl rev3 1-3-2013).doc 3-5 January 3,2013 Packet Page-186- 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at cr) the on-site clubhouse. N5. A wellness center shall be provided on-site. Exercise and other fitness N programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty feet(50') 2. Front Yard,Internal: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet(5')to internal property line along Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise twenty feet(20') 5. Rear Yard:Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet (50') Amended PUD(revision!rev3 1-3-2013).doc 3-6 January 3,2013 3/12/2013 8.A. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road: ahirty_f Five fFeet (35'), including silos, storage tanks, elevator towers, satellite dishes, antennas, etc. For parcels east of Goodlette-Frank Road: zoned height seventy-five feet(75').actual height eight-five feet(85'). E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. F. All industrial building sides visible from roadways internal or external to the park shall have the appearance of a concrete material, such as, but not limited to, block, brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides visible from said roadways are prohibited; as well as exposed metal siding on any building west of Goodlette Frank Road. G. Business District type uses located within the I/C District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof, alternatively, said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: 1. Section 2.8.3.5.1.,Purpose and Intent 2. Section 2.8.3.5.4.,Facade Standard 3. Section 2.8.3.5.6.,Project Standards 4. Section 2.8.3.5.7.,Detail Features except for 2.8.3.5.7.2. 5. Section 2.8.3.5.12. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north,east or west. J. Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 Amended PUD(revisionl rev3 1-3-2013).doc 3-7 January 3,2013 Packet Page-188- a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel boundaries. Best practical treatment, maintenance, and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. 00 L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential o property. Light fixtures within parking areas shall not exceed 25 feet in height. N_ M. Emissions: All sources of air emissions shall comply with rules set forth by the MEnvironmental Protection Agency(Code of Federal Regulations, Title 40) and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental Regulation. 3.5 DEVELOPMENT STANDARDS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for croup housing uses, including the intermediate care facility. Amended PUD(revision,rev3 1-3-2013).doc 3-8 January 3,2013 3/12/2013 8.A. SECTION IV BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as B". 4.2 GENERAL DESCRIPTION Areas designated as "B" on the PUD Master Plan are intended to provide a maximum of 190,000 square feet of floor area, including approximately 150,000 square feet of office uses and 40,000 square feet of retail uses on 19.1±net acres. Intermediate care facilities (SIC Code 8052), and hotel/motel uses (SIC Code 7011) are in addition to the B District gross square footage figures. The overall floor area ratio (FAR) for the B designated business land use3areas shall not exceed .35; however, individual parcels may be developed at a higher FAR and the FAR for hotel/motel, group housing and intermediate care facilities (SIC Code 8052) shall not exceed .6. (Refer to Section 4.5, Deviations) 4.3 PERMITTED USES AND STRUCTURES 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. Auto and Home Supply Stores(Group 5531) 2. Building Contractors(Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 3. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas;metal slitting and shearing on a Amended PUD(revision!rev3 1-3-2013).doc 4-1 January 3,2013 Packet Page -190- contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 4. Child Day Care Services(Group 8351) 5. Convenience Store (Group 5411) and Gasoline Filling Station(Group 5541) only one(1)allowed. op co 6. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service, radio broadcasting, television j broadcasting,radar or telephone service. 7. Depository and Non-Depository Institutions (Groups 6011-6163) including automatic teller machines 8. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives;opium derivatives) 9. Eating Places(Group 5812)not including fast food and drive-thru restaurants 10. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 11. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories;seed testing laboratories;veterinary testing laboratories) 12. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311,9451, 9511-9532,9611, 9631-9661) 12.13. Hotels / Motels (Group 7011): not to exceed a maximum of 240 rooms for the entire PUD. 14. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-6399); Real Estate (Groups 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices(Groups 6712-6799);Attorneys(Group 8111) 4415. Physical Fitness Facilities(Group 7991) Amended PUD(revisionl rev3 1-3-2013).doc 4-2 January 3,2013 3/12/2013 8.A. X16. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to assisted living facilities, independent living units. skilled nursing units and continuing care retirement communities. A maximum of 400 beds shall be permitted for the uses listed in Sections 3.3.B.1.3.3.B.2.4.3.B.1 and 4.3.B.3. .1-2. Drug Stores and Proprietary Stores (Group 5912) only one (1) drug store allowed. 2-3. Health Services, Medical Clinics and Offices (Groups 8011-8049, 8052), a maximum of 400 beds shall be permitted for the uses listed in Sections 3.3.8.1, 3.3.B.2.4.3.B.l and 4.3.B.3. 3.'l. Medical Laboratories and research and Rehabilitative Centers (Groups 8071- 8099) 45. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent(40%) of the gross floor area of the permitted principal use. D. Operational Requirements for Group Housing Group housing uses described in Section 4.2.B.1 shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. Amended PUD(revision]rev3 1-3-2013).doc 4-3 January 3,2013 Packet Page-192- 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist oo residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. N 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard,Immokalee and Goodlette-Frank Roads: Fifty feet(50') 2. Front Yard,Internal Roads: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet (5') to internal property line along the Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise twenty feet(20') 5. Rear Yard: Twenty-five feet(25') Amended PUD(revision]rev3 1-3-2013).doc 4-4 January 3,2013 3/12/2013 8.A. 6. Minimum Building Setback from Perimeter Boundary of PUD: a) Fifty feet(50')for buildings up to thirty five feet(35')in height. b) Three additional feet (3') for every one foot of building height over thirty five feet(35')adjoining residential districts. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road, tThree stories over parking to a maximum of f i ft y f e e t(50') : -. _ - - - = . . .. . .. . ... .. . -xcept that no structure shall be greater than thirty- five feet (35'), on property west of the Pine Ridge Drainage Easement. For parcels east of Goodlette-Frank Road: zoned height seventy-five feet (75'). actual height eight-five feet(85'). E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects. F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. 4.5 DEVELOPMENT STANDARDS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses. to permit an FAR of .6 for group housing uses, including the intermediate care facility. Amended PUD(revision'rev3 1-3-2013).doc 4-5 January 3,2013 Packet Page -194- SECTION V PRESERVE AREA 5.1 PURPOSE Q 00 The purpose of this Section is to identify permitted uses and development standards for the co area within Creekside Commerce Park,designated on the Master Plan,as Preserve Area. 5.2 GENERAL DESCRIPTION Areas designated as Preserve Area on the Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. 5.3 PERMI'T'TED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part,for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks and nature trails(excluding asphalt paved trails). 2. Water management facilities. 3. Any other preserve and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Preserve Area. 5.4 PRESERVE DISTRICT PRESERVATION EASEMENT A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for preservation lands included in the Preserve Area. The Developer, its successor or assign shall be responsible for the control and maintenance of lands within the Preserve Area. Exact location/boundary of the Preserve Area will be determined during the development permitting process with the South Florida Water Management District, Army Corps of Engineers,and Collier County. Amended PUD(revisionl rev3 1-3-2013).doc 5-1 January 3,2013 3/12/2013 8.A. 5.5 PRESERVE AREA ADJUSTMENTS The proposed native vegetation retention areas, depicted on the Creekside Commerce Park Master Plan, are intended for meeting the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the preservations areas at the time of preliminary plat or site development plan approval. If adjustments are needed, per the Collier County LDC the Developer will have the option to increase the preservation in another area, enhance and preserve another area, or provide increased native landscape per the Collier County LDC. The proposed preservation areas, including 2.9 acres of wetlands and 4.1 acres of uplands, depicted on the Creekside Commerce Park master plan, are areas where the native vegetation requirements may be met as set forth in the Collier County LDC. 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I !I' 4111,11144.1414 F.,E q.:1-^: 1"1 ,ms7i.„:,‘", .. ..;, „ ,__ -EV . 0 (n 0 CMN;-Tfn: ii■I'111'11riiii ! -iF"K E °C Et ilf151:01111 1 "'E;: f ji eiliPriql. i I> ' xr .r.,9104.0 i F, fl D :5 s•P itirtat ' --.-- --- -,--,---•-• 1 i ii,:r.IIIIIRE: i . 7. ..,. 1...L....--.7., E a 1111111 f if I 1 itt . - - • - I I #p-4,.t. 11C rei E4 ii t; • NI .4 m4 ;$ V: a° I: In • I 8 u 0 L.... 1'4 11,3 F•P -zi V.3 ill of:7/ 4i ".=.:E l!!, CLIERCMDE NONEDgE PLIEL4• EXHIBIT B-1 WILSON-4,MOILER _ i 1 . ALTERNATE MASTER PLAN • su.n.•..tarma.Cowman•bvkart 5....es•1..Ines/...eis•Goarea..../. PREPARED FM BARRON COWER PARTNERSHF —.....—......... meow... =CM IINELLI1=1 --".....“". Q.MDT au um esocum Et CREW=comma PRE MPUD MD ' ''' '''.."... ' 4s•ea.MI. CONCEPWAL VASTER PLAN ..... ••■ "'"4. ....".........Z.1":. ...tr.4. mmalbt gm I T.::"1.........'°' 3/12/2013 8.A. 3530592 OR: 3703 PG: 2314 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL V\ 12/23/2004 at 03:12PE DMIGR! I. BROCI, CURE COLS 9800000.00 REC FEE 86.50 IiDEXING 7.00 DOC-.70 68600.00 COPIES 10.00 Retn: LEE TREADRELL 2600 GOLDEN GATE MI DEED NAPLES IL 34105 This Document Prepared BY And When Recorded Return To: Lee Trcadwcll Barron Collier Company 2600 Golden Gate Parkway Naples,FL 34105 This DEED is made this a 3 day of b Gc€1 €le_,2004,by: G-4 Partnership,a Florida general p. ." a ... Sproul,Juliet A. Sproul and Jennifer S.Sullivan as Co-Trustees under T -'. ∎r. or :• Ara,. Juliet C.Sproul under Article SIXTH C of the Will of Barron Q6 Jr.;and Barron Co 14,R i (whose mailing address is 2600 Golden Gate Parkway,Nip le , . • 4105 he e. . ed Grantor TO Creekside East,Inc,a Florid. 5'9_ .. PcalW1 c : tee),whose mailing address is 2600 Golden Gate 61 ay,Naples,Flori..: 41015. x` WITNESSETI J C.)Q Grantor, for One Dollar whose re It dged, hereby grants, transfers and conveys to the Grantee,and its successo , e Grantor's ownership in real property in Collier County,Florida,described in the attached and incorporated Exhibit"A". TO HAVE AND TO HOLD said lands in fee simple forever. SUBJECT to easements,restrictions and reservations of record. None of the real property is the homestead of a Grantor, or any member of a Grantor's family. Each individual Grantor resides on real property other than is conveyed by this deed. Grantor conveys that Grantor's real property to Grantee without express or implied warranty. All warranties that might arise by common law and Florida Statues are excluded. Cnrj1CA1 4U-ICj[.y� fill NUM R 03 Packet Page-198- _. OR: 3703 PG: 2315 IN WITNESS WHEREOF,grantor has executed and delivered this deed the day and year first above mentioned. Signed,sealed and delivered in our presence: G-4 Partnership,a Florida general partnership i c$., Q I/14I-.a. iLL_P„ i L oo V5?-1-k) '• &i 8 / Lamar Gable,Partner M o P Name N c N tness T cj Lot tSitr 0 , lam?AtLiie_ Print Name R CO STATE OF FLORIDA C� .t � , COUNTY OF COLLIER `j • /� The foregoing-1 • r••ent as . I.a wl•a •e e ore me this- 2 day of k�.,CIJ , 2004,by LAMAR GABLE a I., - u '- �, 1,:`• ',. •:'•.,, palrtnership. He is rsonally known to me or has produc I ice r fiaatic)n. L. -, (SEAL) ''.4 ...g g/ , , /J4a1Gt/�0 13,k -• j NoY it.& j A., PI A Tu/-O•etAN st.LMahon �J I '•':Fite My Carxnsnon 00343616 3- ,” Expires October 15,2008 1 riLs.;41W O 3/12/2013 8.A. OR: 3703 PG: 2316 Signed,sealed and delivered in our presence: G-4 Partnership,a Florida general partnership —If-ran CO 'D Q. o , ��� Frances G.Villere,Partner Wy s w / P ' t Name C-3 w en.Qst.,, CIViitless SA Print Name STATE OF FLORIDA COUNTY OF COLLIER ��� t►� The foregoing instrument ..,•_ iCno�v ge d�' e - this�day of���een 2004,by FRANCES G.VILLE• a Partner,on behal .sai Florida partnership. She is personally known to me or h /pro t u identification. (SEAL) lit 7: CCO) 1 O 110411i 4 P �� "' . MY COmmemon00u v . Expires Ogobst 15.2008 (pp t C0 cI f�'r: A!BER LLO Packet Page-200- OR: 3703 PG: 2317 Signed,sealed and delivered in our presence: G-4 Partnership,a Florida general partnership I . Jjiçf4 ' 41N. -iL# • ' L : ' r_ / f _ Wi I ess / Phyllis ' .Alden, �: u er Si II__ QO •tame __ d fl •. co '. tness o Lc,._)%spa cm , 1.,..._)„,__Lk N Print Name N M STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument ;.: e ge O �' e T . this�3nday of 2004,by PHYLLIS G. ALDEN;a •�•.er,on behalf of •rida partnership. S e is personally known to me or pro,used---> : identification. (SEAL) '':��' �� �_• /��z r) C 0 fe i• rr►FlTt)A eg Susan L Makin, ' o t p.",.. .u. V,,,,/Expiuss Ociobeo 15. ,. 1 DAS##iN COLLIER CO..aLE Nu,„4,t, ,lam _ _ ___ _ __ _ _ __ . _ 3/12/2013 8.A. OR: 3703 PG: 2318 Signed,sealed and delivered in our presence: G-4 Partnership,a Florida general partnership / / ellaiam.ale' / ' Dmiula Wilk_ WiV ess 1 Donna G.Keller, artner f/flerP,e4) A s E,e& P • t Name 0 l...t..>�QQ a..4 itness (-(D.v%SA. O l ,- A-C1 K_. Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument c u ow eCdge3'be 'ri thus_!3 day of . , 2004,by DONNA G. KELLER jas' • er,on behalf of s d da partnership. She is personally known to me or has •ro• •ced---, . identification. (SEAL) /CO Alf f ' (14,titz 7:c:,,, 11.1ff ' ,.-,i.P ' ` ame , t• I'' ay My Sur Can on L.MrwNuo D0343616 40 Expires ockbx 15.2006 CI-9`-C- ) I rQ€` <03 UVBER _____] Packet Page-202- OR: 3 703 PG: 2319 Signed,sealed and delivered in our presence: __-/i/�L. � . . Witness �. 'Eu / � Barron G.Collier,III,Individually P//• 1�1� ame Q cp itness co k r ,),St LJRt )e._ 0 Print Name N N j STATE OF FLORIDA COUNTY OF COLLIER ,ilf The foregoing instrument was .. .le z d`e4j: e - I,e thi ,day of ei 2004,by BARRON G.COLLIE' � - = perso r. 1 ; i to me or has produced as identification. C1 . SEAL r,, ,i / .,),„.1„( ) (j�/�/��/tj� t art j/-4 Mir l 1. Susan lMaUO �e�e P iitN• ue wy C,, Mpon oou. Vo i Expert”°Mbar 15.2008 ` t, �.\J BARRON CGI L ER CO ` / FILE NUMB 3/12/2013 8.A. OR: 3703 PG: 2320 Signed,sealed and delivered in our presence: By: KATHERINE G. SPROUL, JULIET A. SPROUL and JENNIFER S. SULLIVAN as TRUSTEES for the JULIET C. SPROUL TRUST, under the Will of Barron Collier, Jr., deceased, and as confinned by Change of Trustees dated January 1,2002, and filed March 5,2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida,as a Partner. / , .• Wiv�e�s . erine G.Spro as /YNO ) , Ea E!e6 Print Name 5u. �C1QQQ0 ' 'mess Print Name f � / zf� ii STATE OF FLORIDA COUNTY OF COLLIER Vc' ' The foregoing instrume ktd, • acknowledged b= s a 3"day of 41.1e/7"140 2004,by KATHERINE G. SPR CI • TRUSTEE,f* ft ." MT C.SPROUL TRUST under the Will of Barron Collier,Jr.,di. -ter+ tri.argja ?�'a 'hange of Trustees dated January 1, 2002,and filed March 5,2002,in,Offici. �. •. e 992,Page 2016 of the Public Records of Collier County,Florida Sheispersonally known to me or has produced as identification. (SEAL) ARIL/1Z Notary SOs I TV/ t y.. Susan my who ca+ maims Print Name V ar, Expires October 15,200$ att¢COLLIER Co 11.141311 —- - —- — Packet Page-204- OR: 3703 PG: 2321 Signed,sealed and delivered in our presence: By: KATHERINE G. SPROUL, JULIET A. SPROUL and JENNIFER S. SULLIVAN as TRUSTEES for the JULIET C. SPROUL TRUST, under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1,2002,and filed March Q 5,2002, in Official Records Book 2992, Page 6 2016 of the Public Records of Collier County, ch Florida,as a Partner. 0 N / a N ' � Witness , Juli Sproul,as Trustee i;75 / Al 6c/ / /yEGf�J✓ p Print Name Gifal-L4-2-a— O • • COQ\, ess jam ` vas .�. ° L Print Name STATE OF FLORIDA 0 J, \--7 E-q COUNTY OF COLLIER M el nd ��u� The foregoing instrume IP, .,. acknowledged be` -r' h. at J day of , 2004,by JULIET A. SPROUL, : 7 • ■ TEE,for the . . .SPROUL TRUST under the Will of Barron Collier,Jr.,deceased, .... .. n.. ru.i s, r_e of Trustees dated January 1, 2002,and filed March 5,2002,in,Officio-."1-41. ;?' 992,Page 2016 of the Public Records of Collier County,Florida. She is personally known to me or has produced as identification. (SEAL) d.t.t,d,e/At gilkaituAJ) Notary SOSf 4-i /hArdi 0 t'mum Print Name itItt my Commas D0343616 d n w Elites October 15.2008 BARRON COLLIER CO /03.4 3/12/2013 8.A. OR: 3703 PG: 2322 Signed,sealed and delivered in our presence: By: KATHERINE G. SPROUL, JULIET A. SPROUL and JENNIFER S. SULLIVAN as TRUSTEES for the JULIET C. SPROUL TRUST, under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1,2002,and filed March 5,2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida,as a Partner. WA kA S� Witness er S.Sullivan,as Trustee Print Name A7A COO- i - AAA.z' W.+•ess G tfi ds0 Print Name �- OF FLORIDA U c.,• STATE � COUNTY OF COLLIER lam` The foregoing instrume4.. acknowledged be e! s o�3 day of � v�J1/ ., 2004,by JENNIFER S. SULL - TRUSTEE,f• ` lET C. SPROUL TRUST under the Will of Barron Collier,Jr.,de -. .•. . hange of Trustees dated January 1, 2002,and filed March 5,2002,in,Offici. y+ •+- 992,Page 2016 of the Public Records of Collier County,Florida. She is personally known to me or has produced as identification. (SEAL) J(4Q4,/-0 Notary Print Name W com n lion mums +..n Exports October 15,2005 X ' I Packet Page-206- *** OR: 3703 PG: 2323 *** EXHIBIT"A" Legal Description of Part of Section 27, Township 48 South,Range 25 East,Collier County,Florida (2732 acre Parcel) All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida,being more particularly described as follows: COMMENCING at the Northeast corner of said Section 27; 1. Thence along the east line of said Section 27 South 01°09'43"East 100.00 feet to a point on the south Q right-of-way line of said Immokalee Road(S.R 846)and the POINT OF BEGINNING of the parcel herein CC; described; CO Thence continue along the east line of said Section 27,South 01°09'43"East 1214.62 feet; Thence leaving said line South 89°48'50"West 677.35 feet; CD Thence South 05°35'39"East 229.90 feet; NThence South 90°00'00"West 400.12 feet to a point on the easterly right-of way line of Goodlette Frank Road as recorded in Plat Book I3,Page 58,Public Records of Collier County,Florida; -0.5 Thence along said line North 05°35'39"West 1155.80 feet; Thence leaving said line South 89°49'40"East 250.00 feet; Thence North 05°35'39"West 269.85 feet to a ••int on the south line of additional right-of-way Immokalee Road(S.R.846)as rec. .-4 a ffio_-,rd Book 1747,pages 2316 through 2322 Thence along said ine inr Co .,. •'four(4)des k• es; 2322, 2. South 89°49'40"East 46 rt; -c""' 3. South 88°33'19"East 4. South 89°49'40"E(ast 1 0.1 5. North 00°10'20" •5 - t o : t o. .. . •. ;• way line of said Inunokalee Road(S.R.846); • 1 Thence along said link So =9°4"4(1" ' t 1 Thence continue alon: .i. • .. ° i ••int on the east line of said Section 27 and the P a SF BEGINNING'of th.'arcel I ere i. ribed; Containing 31.22 acres more or 0. -: LESS: t, 1 A parcel of land located in Section 2 1 r.•.48 South, . ... -1,5 .,: Collier County,Florida,being more particularly described as follows: ;„ COMMENCE at the northeast corner of Seen.. • u.... • : South,Range 25 East,Collier County, Florida;thence run S 01°09'43"E,along the east line of the Northeast'/of said Section 27,for a distance of 1,090.50 feet;thence run S 89°48'50"W for a distance of 594.85 feet to the POINT OF BEGINNING of the parcel herein described: Thence nm S 42°38'46"W for a distance of 21.60 feet; Thence run S 50°40'23"W for a distance of24.41 feet; Thence run S 38°41'41"W fora distance of 58.72 feet; Thence run S 00°55'14"W for a distance of 69.01 feet; Thence run S 66°42'59"W for a distance of 17.23 feet•, Thence run S 05°35'39"W for a distance of 301.69 feet; Thence run S 90°00'00"W 400.12 feet to a point on the easterly right-of-way line of Goodlette- Frank Road(C.R.851),a 130.00 foot wide right-of-way,as the same is shown on the Plat of Frank Boulevard according to the Plat thereof recorded in Plat Book 13 at Page 58 of the Public Records of Collier County,Florida; Thence run N 05°35'39"W,along the easterly right-of-way line of Goodlette-Frank Road,for a distance of 13459 feet; Thence run N 07°28'04"E for a distance of 53.10 feet; Thence run N 05°35'39"W for a distance of 163.79 feet to the beginning of a tangential circular curve,concave southeasterly; tz ".a347,121,-,;(4,7 =i 3/12/2013 8.A. `ab l 11.0.. 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Creekside Commerce Park PUD Amendment Exhibit 1 Disclosure of Interest Information List Identifying Owner(s) and All Parties of Corporation Folio Number:29331190725 Name:CREEKSIDE WEST INC Street#&Name:1171 CREEKSIDE PKWY Folio Number:29331193188 Name:CREEKSIDE WEST INC Street#&Name:1317 CREEKSIDE BLVD Folio Number:29331193201 Name:CREEKSIDE WEST INC Street#&Name:1290 CREEKSIDE ST Folio Number:29350000045 Name:CREEKSIDE WEST INC Street#&Name:1275 CREEKSIDE PKWY Percentage of Ownership Juliet C Sproul Testamentary Trust,2600 Golden Gate Parkway,Naples,FL 34105 1438303% 1998 Barron G.Collier III Irrevocable Children's Trust,2600 Golden Gate Parkway, Naples,FL 34105 17.56611% Christopher Villere,2600 Golden Gate Parkway,Naples,FL 34105 8.904244% Lamar Villere,2600 Golden Gate Parkway,Naples,FL 34105 8.904244% Mathilda Villere,2600 Golden Gate Parkway,Naples,FL 34105 8.904244% Phyllis G.Alden,2600 Golden Gate Parkway,Naples,FL 34105 6.34522% Juliet C.Sproul,2600 Golden Gate Parkway,Naples,FL 34105 0.34348% Jennifer S.Sullivan,2600 Golden Gate Parkway,Naples, FL 34105 0.94653% Juliet A.Sproul,2600 Golden Gate Parkway,Naples,FL 34105 0.94653% Katherine G.Sproul,2600 Golden Gate Parkway,Naples,FL 34105 0.94653% Robert Blake Gable,2600 Golden Gate Parkway, Naples, FL 34105 15.904.92% Michael Wells Gable,2600 Golden Gate Parkway,Naples,FL 34105 15.90492% Page 1 of 2 Packet Page -212- Creekside Commerce Park PUD Amendment Exhibit 1 Disclosure of Interest Information List Identifying Owner(s) and All Parties of Corporation Folio Number:00168044005 Name:CREEKSIDE EAST INC Street#&Name:NO SITE ADDRESS Percentage of Ownership Juliet C.Sproul Testamentary Trust,2600 Golden Gate Parkway,Naples,FL 34105 30.0% O 1998 Barron G.Collier Ill Irrevocable Children's Trust,2600 Golden Gate Parkway, Naples,FL 34105 30.0% NLamar Villere,2600 Golden Gate Parkway,Naples,FL 34105 7.5% Phyllis G.Alden,2600 Golden Gate Parkway,Naples,FL 34105 12.5% Robert Blake Gable, 2600 Golden Gate Parkway,Naples, FL 34105 6.25% Michael Wells Gable,2600 Golden Gate Parkway,Naples,FL 34105 6.25% Mathilda V.Currence,2600 Golden Gate Parkway,Naples,FL 34105 7.5% Page 2 of 2 3/12/2013 8.A. ColKer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.co l l ie rgov.net AFFIDAVIT We/I, Creekside West,inc.and Creekside East,Inc. being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data,and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form,whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner We/I further authorize Q.Grady Minor&Assoc.,P.A.and Coleman,Yovanovich&Koester,P.A. to ac -as our/my representative in any matters regardi is Petition. ' .) /7 /;-/'2 (4'1 Signature of Property Owner Signature of Property Owner David K. Borden,President of Creekside West, Inc. David K. Borden,President of Creekside East,Inc. Typed or Printed Name of Owner Typed or Printed Name of Owner The foreg ing instrument was acknowledged before me this f i day of ♦,- F 2012,by 3t tli d k. -2o e -&.s who is personally known to me or has •roduced as identification. 7/ AAA.' .4. cam. _ .. State of Florida (Signature o Notary Public-State of Florida) County of Collier Mary E.Anzicek (Print,Type,or Stamp Commissioned "Ii" �YE•ANZICF.K Name of Notary Public) :w ,., s Commission#EE 1 - `, ;W Expires January , wirkpFr�µ-V BaidedilruTmlfsdngisu 604 7019 February 4,2011 Packet Page-214- Ike COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.col iergov.net COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property Q commonly known as Folio#'s 29331190721 29350000045,29331193188.29331193201 and 001680440.05 . 1171 and 1275 Creekside Pkwy. 1317 Creekside Blvd and 1290 Creekside St. 0 (Street address and City,State and Zip Code) M O and legally described in Exhibit A attached hereto. N N The property described herein is the subject of an application for Commercial planned unit development M (C POD)zoning.We hereby designate 0.Grady Mn a.and nasodates,PA and Coleman.vonanodch and Koester,P.A. ,legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes,but is not limited to,the hiring and authorization of agents to assist in.the preparation of applications,plans,surveys,and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. -N:. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan,even if the property is subsequently sold in whole or in part,unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits,certificates, or licenses to occupy or use any part of the planned unit development Viand the County may stop ongoing construction activity until the-project oject is brought into compliance with all terms, conditio an,sa' eguards of the planned unit development. _ t caner / .— <4 v ' c7.- _r c.Owner David K.Borden,President of Creekside West,Inc. David K.Borden.President of Creekside East,Inc. Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn affirmed) to(or armed)and subscribed before me this /7 day of f r 70QLA by ,Sigva k pa dhu who is personally known to me or has produced .s identification • �'*e'' MARY E ANZICEK Not• Pu I c 4 f„1411; = Commission#EE 164844' (Name a printed or stamped) o Expires January 31,2016 4 a .V EaraleEllsuiiq Fein traaanoe 806857019 f.t: «OSIP--4• February 4,2011 3/12/2013 8.A. 3530592 OR: 3 703 PG. 214 7 ` � '� RECORDED in OFFICIAL RECORDS of COLLIER CODRT7, IL V , 12/23/2004 at 03:1211 DWIGHT E. BROCI, CLERI COBS 9800000.00 RIC FIE 86.50 IIDIIIIG 7.00 DOC-.70 68600.00 COPIES 10.00 Retn: LEE TRBADIELL 2600 GOLDER GATE PIE! DEED MAPLES FL 34105 This Document Prepared BY And When Recorded Return To: Lee Treadwell Barron Collier Company 2600 Golden Gate Parkway Naples,FL 34105 This DEED is made this 3 day of QecGsnoa pe.-,2004,by: G-4 Partnership,a Florida general partn: i . .„Sproul,Juliet A. Sproul and Jennifer S. Sullivan as Co-Trustees under , w" « -' -• or is- +- ' Juliet C. Sproul under Article SIXTH C of the Will of Barron yo «,Jr.;and Barron Co e\rrI (whose mailing address is 2600 Golden Gate Parkway,N ples(Floriela-3x4105 he einafter called Grantor i ( --A____,Th, 1 TO '\ � \ Creekside East, Inc,a Florid _e naY�ed:call tl a =tee),whose mailing address is 2600 Golden Gate' ay,Naples,Florita441 d' . l / \` WITNESSETI '- , r`,- Grantor, for One Dollar whose recip Is fir-•'.alcn• dged, hereby grants, transfers and conveys to the Grantee, and its successor ::t:. -;.' ~', e Grantor's ownership in real property in Collier County,Florida,described in the attached and incorporated Exhibit"A". TO HAVE AND TO HOLD said lands in fee simple forever_ SUBJECT to easements,restrictions and reservations of record. None of the real property is the homestead of a Grantor, or any member of a Grantor's family. Each individual Grantor resides on real property other than is conveyed by this deed. Grantor conveys that Grantor's real property to Grantee without express or implied warranty. All warranties that might arise by common law and Florida Statues are excluded. C°, :;Ui Coll tc-"CO 5 ffLE NUM ER EXHIBIT A - Page 1 of 14 03 Packet Page-216- - - _ _ OR: 3703 PG: 2315 IN WITNESS WHEREOF,grantor has executed and delivered this deed the day and year first above mentioned. Signed,sealed and delivered in our presence: G-4 Partnership,a Florida general partnership Q / .1.�h'/ _/1 .,i L � �u / .�rP� ,, Lamar Gable,Partner co Prix Name N 0 N mess M Lc)UiSA- O . U)ALCM._ Print Name STATE OF FLORIDA � �` �� , COUNTY OF COLLIER C.J The foregoing' ent as i,a w1-a_ed ore me this 3 day of eta , 2004,by LAMAR GABLE as a P•• - •''_ . :p -. ,, rl....-Fail p ership. He is personally known t o me or has producei3 Mar •_ i a e l t fi a•ti C, IL, v (SEAL) .Ar4 4 Nt\N.,.._____ No i - L.. DIA Ti,/z0 j p e ., Mce e oosusle E LA ,,, Expires October 15,2008 N ll it 1 /03 rill EXHIBIT A - Page 2 of 14 3/12/2013 8.A. OR: 3703 PG: 2316 Signed,sealed and delivered in our presence: G-4 Partnership,a Florida general partnership Li...44.111/L4.... 4rCenCO Q. o .4-y W it i ss / Frances G.Villere,Partner 1,e.(-- P ' t Name C-Wlitness C_-d v k S a- ©t w Art__LE-k- Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument .4. .! g•}- 0.k is day of , 2004,by FRANCES G.VILLE• • Partner,on be.. • Al�s Florida partnership. She is personally known to me or h. pro wed--, identification. r� (SEAL) '�!Ii�; . .4 .. • 4 L,, AhATuie?) p .rt am-,^...., el Susan I Mabry v,!- �( /fit II ay Commensal D034 No,,o Expfrw Oclobor 15.2008 211E CSC• 1 %ii:BER EXHIBIT A - Page 3 of 14 Packet Page-218- OR: 3703 PG: 2317 Signed,sealed and delivered in our presence: G-4 Partnership,a Florida general partnership 1 a A Wi'.ess Phyllis A .Alden, it er Q ame aD ter, d M ess Print Name N N"- Cl) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument ;•:. j a g-• a, a 0S this day of 2004,by PHYLLIS G.ALDEN :- •, er,on behalf of :• .rida partnership. S e is personally known to me or . produced---, identification. T (SEAL) DiA �,"!` fibx F;f .4%.S`►anLMature � • , .in ^„J Vemor Dimes OC,eb&15, •'. ` .. � 711P cmc D;RP-C?.;1 coWER Ct 1a, EXHIBIT A - Page 4 of 14 3/12/2013 8.A. OR: 3703 PG: 2318 Signed,sealed and delivered in our presence: G-4 Partnership,a Florida general partnership ' �► :._ ti��Q �� hLw Wigiess I Donna G.Keller,Partner Ntfr lJ Al Elpri 66- Pr' Name O rtness (—ovt SA. Q U- c if-- _ Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument g r � this!j day of , 2004,by DONNA G.KELLER a4--,on behalf of s<d . .da partnership. She is personally known to me or has d • identification. (SEAL) I t lLLV' / Alta 0. 4 sueen P�,' n.. - aa l i Q ;��I.iycon.+wsionD47s1s 1� .,ti Eg s oaaber 15.200$ jr 17 R C13 I _:u:i;P; CO riL€`:UMBER EXHIBIT A - Page 5 of 14 't03g—S� 9 _. _ _ _ _ __ _. Packet Page-220- OR: 3703 PG: 2319 Signed,sealed and delivered in our presence: L..1IIi/i.t- Cegt 6.Gi z2 -- WiinessO/ r, /frees Barron G.Collier,III,Individually Pri ame Q ap itness • co 1, P,t)i Sfi- C , LJAuF)C-- T— Print Name N N M STATE OF FLORIDA COUNTY OF COLLIER ifi The foregoing instrument was .. .as, f'... -.a . - ..e this✓ day of heetintk4 2004,by BARRON G.COLLIER,* ri- perso . 1 ::■Ito me or has produced as identification. -c�-� ♦ G��� (SEAL) 1l 114_ 4` I 1 i U.)„ `.Aa01 T. i R-o ,.�,, swag Malueo Punt N. Of e �/ My cw,wn,003436 aA \ .....,..............s. 341.,/ ewes OcWbe►15,2008 f; 8t R.F, CLLEER CO /517 EXHIBIT A - Page 6 of 14 _ _.� 3/12/2013 8.A. OR: 3703 PG: 2320 Signed,sealed and delivered in our presence: By: KATHERINE G. SPROUL, JULIET A. SPROUL and JENNIFER S. SULLIVAN as TRUSTEES for the JULIET C. SPROUL TRUST, under the Will of Barron Collier, Jr., deceacerl, and as confirmed by Change of Trustees dated January 1,2002,and filed March 5,2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida,as a Partner. w�e$s� � �Eu :therine G.Spro as ee Print Name U_).= _()Oor- R COT itness C.) utSI Cam• t i Print Name STATE OF FLORIDA C & COUNTY OF COLLIER C`� • � �d it)The foregoing instrume r acknowledged is e ,.s 03 day of/6 2004,by KATHERINE G. SPR TRUSTEE,f• it• LET C.SPROUL TRUST under the Will of Barron Collier,Jr.,d. -, i of .,11i °i hange of Trustees dated January 1, 2002,and filed March 5,2002,in,Offici. '�' •t• :` 992,Page 2016 of the Public Records of Collier County,Florida. She is personally known to me or has produced as identification. (SEAL) efit.p.). tary swan 11.1�%O No .s 1--, n p roe-6 µr co01+ 3Eta Print Name Expie oclobstts.200E Ltj wER 1/013 EXHIBIT A - Page 7 of 14 -. - —- - - - Packet Page-222-- . — - — — -" OR: 3703 PG: 2321 Signed,sealed and delivered in our presence: By: KATHERINE G. SPROUL, JULIET A. SPROUL and JENNIFER S. SULLIVAN as TRUSTEES for the JULIET C. SPROUL TRUST, under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1,2002,and filed March 5,2002, in Official Records Book 2992, Page ao 2016 of the Public Records of Collier County, Florida,as a Partner. 1 / 1 /GWA Witness / Juli A.Sproul,as Trustee Print Name 41, essj ` Print Name STATE OF FLORIDA COUNTY OF COLLIER A"..1 d The foregoing instrume . acknowledged be it +.J s c13 day of 62040, 2004,by JULIET A. SPROUL, ' ' • TEE,for the -' •i. .SPROUL TRUST under the Will of Barron Collier,Jr.,deceased, ••*• • � ,t r;.� �,:, ge of Trustees dated January 1, 2002,and filed March 5,2002,in,Offici. •-ttiMT ?' 992,Page 2016 of the Public Records of Collier County,Florida_ She is personally known to me or has produced as identification. SEAL gditt.t4A1) Not Sifid �• /ht�Tl1/e0 E M*%O Print Name My cortrnaso^oo3438le 'V., Expiee October 15.2008 BARROh COLLIER CO AE NU /03 EXHIBIT A - Page 8 of 14 3/12/2013 8.A. OR: 3703 PG: 2322 Signed,sealed and delivered in our presence: By: KATHERINE G. SPROUL, JULIET A. SPROUL and JENNIFER S. SULLIVAN as TRUSTEES for the JULIET C. SPROUL TRUST, under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1,2002, and filed March 5,2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida,as a Partner. ♦/JI. ..L1 S S G•l. (.eJA l � W ess er S. van,as Trustee /Plato fj . 49 Print Name COQ W i.ess C.1 I D, fildso Print Name FLORIDA 0 IV' , STATE OF � � CC COUNTY OF COLLIER The f o r e g o i n g instrume, • - acknowledged be} 6.- fie r s o�3 day of �le6Q , 2004,by JENNIFER S. SULL • TRUSTEE, . +. IET C.SPROUL TRUST under the will of Barron Collier,Jr.,de -• �•ie! ArgiVo. hange of Trustees dated January 1, 2002,and filed March 5,2002,in,Offici. 92,Page 2016 of the Public Records of Collier County,Florida. She is personally known to me or has produced as identification. (SEAL) 7LAIA24■ IA• AiLtAA40 Notary SMJ 1,6 PI TUAO Print Name } swami.maim My Commune D03436t5 ', ,.f Expires October 15,2006 IJ8E7I I EXHIBIT A - Page 9 of 14 - Packet Page-224- - • - *** OR: 3703 PG: 2323 *** EXFBBIT"A" Legal Description of Part of Section 27, Township 48 South,Range 25 East,Collier County,Florida (2732 acre Parcel) All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida,being more particularly described as follows: COMMENCING at the Northeast corner of said Section 27; 1. Thence along the east line of said Section 27 South 01°09'43"East 100.00 feet to a point on the south Q right-of-way line of said Immokalee Road(5.R.846)and the POINT OF BEGINNING of the parcel herein 06 described; CO Thence continue along the east line of said Section 27,South 01°09'43"East 1214.62 feet; r- Thence leaving said line South 89°48'50"West 67735 feet; CD Thence South 05°35'39"East 229.90 feet; N Thence South 90°00'00"West 400.12 feet to a point on the easterly right-of way line of Goodlette N Frank Road as recorded in Plat Book 13,Page 58,Public Records of Collier County,Florida; (...e.75 Thence along said line North 05°35'39"West 1155.80 feet; Thence leaving said line South 89°49'40"East 250.00 feet; Thence North 05°35'39"West 269.85 feet to a ..int on the south line of additional right-of-way Immokalee Road(S.R.846)as - • •fie .rd Book 1747,pages 2316 through 2322, Public Records of Collier Co . tt-.,, Thence along said line in e,�'.� . g four(4)d . • es; 2. South 89°49'40"Ea 4(j et; 3. South 88°33'19" t -. • 4. South 89°49'40"Lust 10.02M-feet 5. North 00°10'20"least 5 • ..'.,t o• •• a ;• wa line of said Immokalee Road(S.R.846)• .. Thence along said tin So :9°4' 4 ' 97 . - ° ,et; Thence continue alon lai• 'n 4 ., d ." • I ,, a ioint on the east line of said Section 27 and the Pt SF BEGINNING of th arcel ere ribed; Containing 31.22 acres more or >.s • LESS: ' A parcel of land located in Section 2 ' 48 South, ; g 5 -. Collier County,Florida,being more particularly described as follows: COMMENCE at the northeast corner of Seen.. T. ..... . ,8 South,Range 25 East,Collier County, Florida;thence run S 01°09'43"E,along the east line of the Northeast'A of said Section 27,for a distance of 1,090.50 feet;thence run S 89°48'50"W for a distance of 594.85 feet to the POINT OF BEGINNING of the parcel herein described: Thence run S 42°38'46"W for a distance of 21.60 feet; Thence run S 50°40'23"W for a distance of 24.41 feet; Thence run S 38°41'41"W fora distance of 58.72 feet; Thence run S 00°55'14"W for a distance of 69.01 feet; Thence run S 66°42'59"W for a distance of 17.23 feet; Thence run S 05°35'39"W for a distance of 301.69 feet; Thence run S 90°00'00"W 400.12 feet to a point on the easterly right-of-way line of Goodlette- Frank Road(C.R.851),a 130.00 foot wide right-of-way,as the same is shown on the Plat of Frank Boulevard according to the Plat thereof recorded in Plat Book 13 at Page 58 of the Public Records of Collier County,Florida; Thence run N 05°35'39"W,along the easterly right-of-way line of Goodlette-Frank Road,for a distance of 134.59 feet; Thence run N 07°28'04"E for a distance of 53.10 feet; Thence run N 05°35'39"W for a distance of 163.79 feet to the beginning of a tangential circular curve,concave southeasterly; BARRON CQWER R CO i i1L.E NUMBE EXHIBIT A - Page 10 of 14 3/12/2013 8.A. 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J61L iv. quit I i:)oxio No, 0572 P. 1 COLLIER COUNTY GOVERNMENT 2200 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2440 FAX (239)252.6724 leif l iW.COLLiERGOyj il4 4 ACtfI��: A.,'.i �yj�•,T�I•�C/IW�L";�Ky�.gJ�r r��._,+..��';-u,k.sC Y r1rs.�.`7:,.e, i,iiri wvu::.wi f;i�.., ,.:.,n.«.•.,., 1:"r`i:azp44; r'Ye �" k d1 wrmtlL' Please complete the following and fax to the Operations Department at 238-2525724 or submit in person to the Addressing Department at the above address. F must si ned by Addresei ersonn riot to pp!Lation meetlnd alease allover 3 days for.oro cessinn. - Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED, Fonng older than 6 months wilI require additional review and approval by the Addressing Department PETITION TYPE(Indicate type below, aomplefe a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit [] SDI'!(Insubstantial Change to SDP) ❑ CU(Conditional Use) [f SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change-Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development is ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ) ❑ PSI'(Preliminary Subdivision Plat) ❑ VRP ❑ PUD Rezone (Vegetation Removal Permit) C) VRSFP(Vegetation Removal&Site Pill Perm* ❑ R. (Standard Rezone) d OTHER wuDAmendment LEGAL DESCRIPTION of subject property or properties(copy of lengthy description maybe attar-her:) • Creekside Commerce Park PUD-Please see attached Legal Description 4.cg -z FOLIO(Property ID)NUMBER(s)of above(attach to,or associate with, legal descrfptlon if more than one) Please see attached Property Printout STREET ADDRESS or ADDRESSES(as applicable,if already assigned) Creekside Blvd ✓ LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(rfepplicable) • • SITE DEVELOPMENT PLAN NUMBER(for existing proleots/sftess only) �) SDP - orARorP1.# �"f'- eN.:n y Packet Page -230- LO. tint i i:7(AM No. 0572 P. 2 COLLIERCOUNTr GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252.2400 FAX (239)252-5724 WWW.C3LLIERGoV.NET Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Q C O N Please Check One; g Checklist is to be Faxed back ❑ Petsotfaily Picked Up APPLICANT NAME: Q. Grady Minor and Associates, P.A. (Sharon Umpenhour) PHONE 239,947.1144 FAX 239,947.0375 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number(Primary) ._ o k,. . Folio Number Patio Humber Folio Number Approved by:, .r.n1-4 ( L 7 X O..r v i Date: O1 Z.? Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED 4411.F4:91' dAr Raril , i fit. �,• 3/12/2013 8.A. eau• LO. LVIL II;718M No. 0572 P. 3 Creeksfde POD Property Owner List Polio Number.29331190521 Neme:CREEKSIDE COMMERCE PARK Sheet$&Name 1164 IMMOKALEE RD • Folio;Number.293811905211 - Nam CREEKSIDE COMMERCE PARK Street*&Name NO SITE ADDRESS Folio Number:29331190560 Name:CREEKSIDE COMMERCE PARK Street*&Hamm NO SITE ADDRESS Folio Number:263311000$8 - Name:CREEKSIDE WEST INC Street&Name:1256 CREEKSIDE PKWY Fora Number.28331190709 • Name:CREEKSIDE WEST INC Street#&Name:1234 CREEKSIDE TRL Folio Number:29331190725 Name:CREEKSIDE WEST INC Street*&Name:1171 CREEKSIDE PKWY Folio Number 29331190741 , Name:ARTHREX INC Street*&Name:1230 CREEKSIDE PKWY Folio Number:x5331196345 0' Name:UNITED STATES POSTAL SERVICE Strom&Nemto:113D CREEKSIDE WAY Folio Number:29331193023 • Name:CREEKSIDE COMMERCE PARK Street#&Name:1354 CREEKSIDE BLVD Folio Number:29331133049 Name:CREEKSIDE COMMERCE PAWL Street*&Name:1243 CREEKSIDS ST olio plumber.29331193066 1 i S "T} r`t o * 1 L""" j { 1 CkC amer CREEKSIDE COMMERC2 PARK Street*&Name;1326 CREEKSIDE BLVD LE' ��-P�n <:7n Folio Number:29331193081 Name:ARTNRES INC 5traeN0&Name:1370 CREEKSIDE BLVD Folio Number:28331193104 • Name:ART11REX INC Streeb3&Name:1370 CREEKSIDE BLVD Follt,Number:2 933 1 1 9 3120 • Name:ART}IREX INC Street*&Name:1370 CAEEKSIDE BLVD Folio Number:29331192149 . N*me:ARTNREK INC Street&Name:1230 CREEKSIDE BLVD Page 1 of 2 Packet Page-232- pan, (p. ZUIZ 11:5/AM No. 0572 P. 4 Creekside PUD Property Owner List Folio Number:2933119319e Name:CREEKSIDE WEST INC Strew&Name:1317 CREEKSIbE BLVD Fo00 Number:293311 9201 Name:CREEKSIDE WEST INC Street#&N2rrie:1290 CREEKSIDE ST Polio Numbor.293340001129 "' Name:ARIXREX INC Street#&Name;NO SITE ADDRESS BUild#/Unite:/1 oci Pelle Number_29334000045 41." M P421110:1336 CR€EKSIDE FLEX LLP Sheet#&Name:1339 CREEKSIDE BLVD O BuM#/Uaitf/2 N F Iiio Number.29338000026 .r MName:1280 CREEKSIDE MEDICAL LLP Street/A&Name:1290 CREEKSIDE ST BOO TUNttk/1280 Folio Number:293360011041 r Name:CREEKSIDE WEST INC Straat#&Manua:1294 CREEKSIDE 6T Build*!UIt>it# /1284 Polka Number;29350090629 Name:CREEKWOOD OF NAPLES LLP abget4&Nome:127g CREEKSIDE PKWY Build*/Unit//:/1 Folio Number,29360009046 - Name:CREEKSIDE WEST INC Street*&Name:1275 CREEKSIDE PKWY Bufldrt/Unit4h/2 Folio Number.0016$1340100 Name:TRAIL BOULEVARD LLI,P $treeb9&.Name:19572 DOODLE E RD N Folio Number 00168042706 Name:TRAO_BOULEVARD LLLP Street#&Name:10969 6OODLETTE RD N FclIu Number:00168044005 Name:CREEKSIDE EAST INC Strata&Name:NO SITE ADDRESS Folio Number 29331190644 Name:CREEKSIDE WEST INC Street/A&Natn®:4126 CREEKSIDE WAY Page 2 of 2 3/12/2013 8.A. Co'firer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collierctov.net STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT INFORMATION NAME OF APPLICANT(S) Creekside West, Inc. and Creekside East, Inc. ADDRESS 2600 Golden Gate Parkway CITY Naples STATE FL Zip 34105 TELEPHONE# 239.403.6870 CELL# FAX# E-MAIL ADDRESS: dborden @barroncollier.com ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): Immokalee Road and Goodlette-Frank Road iEGA! DESCRIPTIpN Section/Township/Range 27 / 48 /25 Lot: Block: Subdivision: Creekside Plat Book 29, 35 Page#: 57,43 Property I.D.#: Metes&Bounds Description: Exhibit 2 Legal Description attached TYPE OF SEWAGE DISPOSAL TO BE PROVIDED - (Check applicable system): COUNTY UTILITY SYSTEM X a. CITY UTILITY SYSTEM ❑ b. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME c. PACKAGE TREATMENT PLANT ❑ (GPD capacity) d. SEPTIC SYSTEM ❑ TYPE OF WATER_SERVICE TO BE PROVIDED I a. COUNTY UTILITY SYSTEM rA b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM(WELL) ❑ February 4,2011 Packet Page-234- Exhibit 2 Creekside Commerce Park CPUD Legal Description All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; COMMENCING at the northwest corner of said Section 27; thence along the north line of said Section 27 South 89°45'21" East 1869.61 feet; 00 thence leaving said line South 00°14'39" West 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence along said right of way line in the following Six (6) described courses; M 1)South 89°45'21" East 485.99 feet; 2)South 00°14'39" West 10.00 feet; 3)South 89°45'21" East 150.19 feet; 4)South 89°48'33" East 716.81 feet; 5) North 05°34'33"West 10.05 feet; 6) South 89°48'33" East 486.21 feet to a point on the west right of way line of Goodlette Road as recorded in Plat Book 3, page 58, Public Records of Collier County, Florida; thence along said line South 05°33'48" East 1767.02 feet; thence leaving said line South 89°20'53"West 51.18 feet; thence North 23°55'53"West 13.07 feet; thence northwesterly, 30.71 feet along the arc of a circular curve concave to the northeast, having a radius of 80.00 feet,through a central angle of 21°59'52" and being subtended by a chord which bears North 12°55'57"West 30.53 feet; thence North 05°00'53"West 31.56 feet; thence North 36°19'20"West 32.02 feet; thence North 56°04'35"West 35.11 feet; thence North 80°39'15"West 32.53 feet; thence North 88°39'12"West 97.78 feet; thence North 86°04'40"West 45.79 feet; thence North 89°49'48"West 132.77 feet; thence North 69°40'10"West 37.23 feet; thence South 89°20'53"West 142.47 feet; thence South 84°59'26"West 24.66 feet; thence South 74°56'50"West 121.32 feet; thence South 79°49'59"West 45.93 feet; thence westerly and northwesterly, 45.51 feet along the arc of a circular curve concave to the northeast, having a radius of 66.00 feet, through a central angle of 39°30'16" and being subtended by a chord which bears North 80°24'53" West 44.61 feet to a point of compound curvature; Page 1 of 4 3/12/2013 8.A. Exhibit 2 Creekside Commerce Park CPUD Legal Description thence northwesterly, 52.92 feet along the arc of a circular curve concave to the southwest, having a radius of 150.00 feet, through a central angle of 20°12'57" and being subtended by a chord which bears North 70°46'13"West 52.65 feet; thence North 80°52'42"West 36.59 feet; thence westerly and southwesterly,46.18 feet along the arc of a circular curve concave to the southeast, having a radius of 80.00 feet, through a central angle of 33°04'14" and being subtended by a chord which bears South 82°35'11" West 45.54 feet to a point of compound curvature; thence southwesterly and westerly, 38.16 feet along the arc of a circular curve concave to the northwest, having a radius of 60.00 feet, through a central angle of 36°26'19" and being subtended by a chord which bears South 84°16'14" West 37.52 feet to a point of compound curvature; thence westerly and northwesterly, 68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet, through a central angle of 12°55'59" and being subtended by a chord which bears North 83°58'36"West 68.70 feet; thence South 89°33'25"West 18.36 feet; thence South 89°39'19"West 71.63 feet; thence North 89°34'56"West 36.03 feet; thence South 86°06'41"West 42.94 feet; thence South 83°44'16"West 26.23 feet; thence South 51°01'13"West 27.49 feet; thence South 33°25'50"West 19.95 feet; thence South 15°40'05" West 20.54 feet; thence South 10°54'39"West 34.64 feet; thence South 89°20'14"West 101.06 feet; thence North 10°46'06" East 101.42 feet; thence North 89°20'53" East 65.45 feet; thence North 00°39'07"West 100.64 feet; thence South 89°20'53"West 503.78 feet; thence North 00°39'07"West 27.71 feet; thence North 72°58'55"West 131.30 feet; thence North 02°08'56" West 1473.29 feet to a point on the south right of way line of said Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°49'40" East. Page 2 of 4 Packet Page-236- Exhibit 2 Creekside Commerce Park CPUD Legal Description All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; Commencing at the northeast corner of said Section 27; thence along the east line of said Section 27, South 01°09'43" East 125.00 feet to a ch point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence continue along said east line South 01°09'43" East 1189.62 feet; N thence leaving said line South 89°48'50"West 677.35 feet; thence South 05°35'39" East 886.02 feet; thence South 89°48'50" West 400.00 feet to a point on the easterly right of way line of Goodlette Frank Road as Recorded in Plat Book 13, page 58, Public records of Collier County, Florida; thence along said line North 05°35'39" West 2088.10 feet to a point of the south right of way line of said Immokalee Road (S.R. 846); thence along said line South 89°49'40" East 1168.55 feet; thence continue along said line South 89°12'58" East 1.85 feet to the POINT OF BEGINNING of the parcel herein described; Containing 38.9 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°46'26" East. LESS A PORTION OF TRACTS "R"AND "L1" CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT "R" (CREEKSIDE WAY) CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89°45'00" EAST, ALONG THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00°25'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60°02'56" EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82°32'14" EAST FOR A DISTANCE OF 119.17 FEET TO A POINT ON THE EAST LINE OF TRACT "L1" OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE; THENCE RUN SOUTH 00°07'39" EAST, Page 3 of 4 3/12/2013 8.A. Exhibit 2 Creekside Commerce Park CPUD Legal Description ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 89°58'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 02°19'57" WEST, ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32 ACRES, MORE OR LESS. Page 4 of 4 Packet Page-238- GoAt er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collier_gov.net TOTAL POPULATION TO:BE SERVED: Please see Exhibit 4 attached Q PEAK AND AVERAGE DAILY DEMANDS: ap A. WATER-PEAK Pee""a e4hOk41 ° AVERAGE DAILY Please see Exhih44 attached M B. SEWER-PEAK Pleece see EwnG 4 sewed AVERAGE DAILY Pi ease see Exhbt 4 attached T- O IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, j PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED Connection exists NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER.COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM;OTHER:PROVIDERS Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. February 4,2011 3/12/2013 8.A. Exhibit 4 Creekside Commerce Park CPUD Statement of Utility Provisions Total Population to Be Served 240 Room Hotel 400 Bed ALF and Acute Care(intermediate care) Average and Peak Daily Demands—Water 240 Room Hotel= 100gpd/room 240 x 100=24,000 gpd 400 Bed ALF and Acute Care(intermediate care) =200gpd/bed 400 x 200=80,000 gpd Total Daily Water= 104,000 gpd Average and Peak Daily Demands—Sewer 240 Room Hotel= 100gpd/room 240 x 100=24,000 gpd 400 Bed ALF and Acute Care (intermediate care) =200gpd/bed 400 x 200 = 80,000 gpd Total Daily Sewer= 104,000 gpd Rev1 Page 1 of 1 Packet Page -240- 03 C.1) NT""" 3/12/2013 8.A. Creekside Commerce Park PUD Deviation Justifications Deviation 1: Deviation#1 seeks relief from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group care uses, including the intermediate care facility. Justification 1: The FAR is based on all building areas associated with the group care use. Modern care facilities contain larger units, and are more highly amenitized and include significant areas devoted to indoor recreational facilities such as fitness facilities, multiple dining options, theaters, and salons. The proposed FAR of.6 has been approved in numerous other PUDs, as the .45 standard in the LDC has been recognized as an outdated development standard for these facilities. Deviation Justifications doe Page 1 of 1 Packet Page-242- AFFIDAVIT OF COMPLIANCE PL2012-0111 Creekside Commerce Park PUD I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD Q ao amendment,or conditional use,at least 15 days prior to the scheduled Neighborhood Information co Meeting. For the purposes of this requirement, the names and addresses of property owners Nshall be deemed those appearing on the latest tax rolls of Collier County and any other persons CV or entities who have made a formal request of the county to be noted. The said notice co contained the Iaymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance ,e-'4, 1 , fi 3 (Signature of Applicant) State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this 20th day of August, 2012 by Sharon Umpenhour, who is personally known to me or who has produced as identification. nta-------T'Iukuopunoocrid uu t-oe ,�'"A 3tildX3 4- - . l00AW "• :1 "dr i „ , p a- NU1 „s : • (Signature ' •otary P lic) (�Jotary Seal) .'4 . \r'\b v l A S c.>\t,e, Printe Name of Notary G_\NIM Procedures/Affidavit Of Compliance-NM Oct2010.Doc 3/12/2013 8.A. GradylVlinor Civil Engineers • Land. Surveyors • Planners • Landscape Architects August 20,2012 RE: Neighborhood Information Meeting Petition CP2012-0111,Creekside Commerce Park CPUD Dear Property Owner: Please be advised that a formal application has been submitted to Collier County,seeking approval of a Planned Unit Development (PUD) Amendment, by Creekside West, Inc. and Creekside East, Inc., represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich and Koester, P.A., for the following described property: Approximately 106± acres located on the Southwest and Southeast quadrant of Immokalee Road and Goodlette-Frank Road in Section 27,Township 48 South, Range 25 East,Collier County, Florida. The petitioner is asking the County to approve this application to allow an amendment to the existing Planned Unit Development (PUD) known as Creekside Commerce Park CPUD. The PUD amendment proposes to add land uses which include group housing including, assisted living units, independent living units, skilled nursing units and continuing care retirement communities, Intermediate Care Facility and hotel/motel. The amendment will establish a floor area ratio for these land uses. The proposed uses are compatible with uses existing and permitted within the Creekside Commerce Park PUD, as well as uses that exist adjacent to the project. An increase in building height is proposed for the development tracts located east of Goodlette-Frank Road. The increase in height is comparable and compatible with other buildings in the vicinity of Creekside Commerce Park such as the Naples Daily News and the Naples Community Hospital Buildings which are both adjacent to the Creekside Commerce Park PUD. The proposed uses are less intense than many of the commercial and industrial land uses currently permitted in the PUD. In compliance with the Land Development Code requirements,a Neighborhood Information Meeting will be held to inform the general public of the proposed changes and to answer questions there may be regarding the application. The Neighborhood Information Meeting will be held on September 5, 2012,5:30 pm at Hampton Inn Naples 1-75,2630 Northbrook Plaza Drive,Naples FL 34119. If you are unable to attend this meeting and have questions or comments, or you have questions prior to the meeting, they can be directed by e-mail, phone, fax or mail by September 5, 2012 to: sumpenhour @gradyminor.com, phone 239-947-1144, fax 239-947-0375, Q. Grady Minor and Associates,P.A.,3800 Via Del Rey,Bonita Springs, Florida 34134. Sincerely, Sha : Umpenhour Planning Technician 0. Grady Minor&Associates, P.A. Ph. 239-917-.11441 • Fx: 239-9.17-0375 3800 Via Bel Rey EB 0005151 • LB 0005151. • I,C 26000266 Bonita Springs,FL 34134 wvm.gradyrn1nor.cuni Packet Page -244- REMAKE �� LEE COUNTY J g ® #001.10011 wE ARDOUR COAL COUNTRY t i T mg sn�anrc °11B MELt1ERRA y _E I. 9 _ DAxs 8 J�10 n c 7 MEADCM MI / ME MLLACE PLACE liliaTi ESTATES --L-- MEMORAL 9DLLLYA10'r PLAZA ilri - < C00244.201EZ TARPON \j/LARME110. B1M1B1,1L LOOM SANDALWOOD DELLA GRACE ROY�NNl 03 DAY,B ' D� - Z 1 CO • 3".R 8!9 PASS ROAD MR 14 e N 1YS E : _ . .., toRo to APERIAL Q 6AKE AT RMfJIY�l ✓ y N T a? 8" FAUT 46T VILLAS k. (j rAwrw • EIM1 Ta ANDST�Bt.T 21 ,�/ , M 23 (CO)21 CARLTON (DLO COWER i /I 22 114 =CAL �r 21 TRACT L PROJECT 1.v CAROM R o� ti� P P LOCATION r �' La IIII HORTN- CD1ff JR CREEKSIDE; r1EE 1 sumer cona1 . lig ' (--- NMI LAKE SL SOLIARE PARK -- Cwt PARR Nll.AS 71� CAT/47C CHRCN1. ' p YAI.nU se v DAIL 26 NAPLES STONESMDCE 25 B4stEi LAKE PARR BREEZE/COD . 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PUBLIC NOTICE PUBLIC NOTICE NEIGHBORHOOD INFORMATION MEETING Petition PL2012-0111 The public is invited to attend a neighborhood meeting held by D.Wayne Arnold,AICP,of Q.Grady Minor and Associates, P.A.and Richard D.Yovanovich,Esq.of Coleman,Yovanov- ich and Koester,P.A., representing Creekside West,Inc.and Creekside East,Inc.on: September 5,2012,5:30 pm at Hampton Inn Naples 1-75, 2630 Northbrook Plaza Drive,Naples FL 34119 Subiect Property: The+/- 106-acre property is located on the Southwest and Southeast quadrant of Immokalee Road and Goodlette-Frank Road in Section 27,Township 48 South, Range 25 East,Collier County,Florida. pm u '2 nr, 24 ISEDICAL C Th PROi Nag IVI1 LOCATION FROAD icx.e� 1 _tee__ -y `r Neke.,.m. . :,., it--.:. MUD pax auf - ; , MEDICAL(2) r lis n zs e zs ri R' i €a ;. a The property owner is petitioning Collier County to amend the existing Planned Unit Development(PUD)known as Creek- side Commerce Park CPUD. The PUD amendment proposes to add land uses which include group housing including,as- sisted living units, independent living units, skilled nursing units and continuing care retirement communities,Intermedi- ate Care Facility and hotel/motel. The amendment will es- tablish a floor area ratio for these land uses. The proposed uses are compatible with uses existing and permitted within the Creekside Commerce Park PUD,as well as uses that ex- ist adjacent to the project. An increase in building height is proposed for the development tracts located east of Good- Iette-Frank Road. The increase in height is comparable and compatible with other buildings in the vicinity of Creekside Commerce Park such as the Naples Daily News and the Na- ples Community Hospital Buildings which are both adjacent to the Creekside Commerce Park PUD. The proposed uses are less intense than many of the commercial and industrial land uses currently permitted in the PUD. WE VALUE YOUR INPUT Business and property owners,residents and visitors are wel- come to attend the presentation and discuss the project with the owner's representative and/or owner/developer. If you are unable to attend this meeting,but have questions or com- ments,they can be directed by mail,phone,fax or e-mail by September 5,2012 to: Sharon Umpenhour,Planning Technician Q.Grady Minor and Associates,P.A., 3800 Via Del Rey,Bonita Springs,Florida 34134 Phone:239.947.1144 Fax: 239.947.0375 sumpenhour @gradyminor.com No.240192942 August 26.2012 Packet Page-248- SIGN POSTING INSTRUCTIONS (Section 10.03.00,COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs,however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements,please refer to Section 10.03.00 of the LDC. 1. The sign(s) must be erected in full view of the public,not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened. securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 06 3. The petitioner or the petitioner's agent must maintain the sign(s)in place,and readable condition until the requested action M has been heard and a final decision rendered. If the sign(s)is destroyed, lost, or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s CV N NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE M ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN .PET'.IION NUMBER PUDA- PL201 000111.CREEKSIDE COMMERCE PARK PUD: �—�-- 3800 Via Del Rey SIGN ." • OF APPLICANT OR AGENT STREET OR P.O.BOX Sharon Umpenhour Bonita Springs,FL 34134 NAME(TYPED OR PRINTED) CITY,STATE ZIP STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was sworn to and subscribed before me this 19th day of December,2012,by Sharon Umpenhour, personally known to me or who produced as identification and who did/did not take an oath. * it l C A.12-N, •`•,R #? MY COMMICOMMISSION#EE 04 547 �•�1'L >!� a _ . 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Tornellin Traffic Impact Statement Creekside Commerce Park Commercial Planned Unit Development (CPUD) Amendment Collier County, FL 6/18/2012 Prepared for: Prepared by: Barron Collier Companies Trebilcock Consulting Solutions, PA 2600 Golden Gate Parkway 6660 Mangrove Way Naples, FL 34105 Naples, FL 34109 Ph: (239) 566-9551 Email: ntrebilcocki trebilcock.biz Web: www.trebilcock.biz Packet Page-258- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 Statement of Certification I certify that this Traffic Analysis has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. Norman J.Trebilcock,AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 6660 Mangrove Way Naples, FL 34109 Company Cert. of Auth. No. 27796 2 Packet Page-259- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 Table of Contents Page Project Description 4-5 Trip Generation 6 Trip Distribution and Assignment 7-8 Background Traffic 9 Existing and Future Roadway Network 10 Project Impacts to Area Roadway Network--Roadway Link Analysis 11-12 Intersection/Turn Lane Analysis 13 Improvement Analysis 13 Mitigation of Impact 13 Appendix A: Project Methodology Meeting Notes (3 Sheets) Appendix B: Project Master Site Plan (1 Sheet) Appendix C: Trip Generation Calculations (8 Sheets) 3 Packet Page-260- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment T1S June 2012 Project Description The Creekside Commerce Park Commercial Planned Use Development (CPUD) Amendment project is located in north Naples on the south side of Immokalee Road (CR 846), and straddles Goodlette-Frank Road (CR 851). The project is approximately 106 acres in size. 22 SITE 24 111TH AvE NAPLES - IMMOKALEE P.D. (C.R. 846) Y7 26 25 - o a � — ° C A Z . 1 a c ° � n in Z v f- 1:`.3 a w ■- 34 v .. Ik VANDERBILT BEACH ROAD The existing project site consists of office (general and medical), retail, and business park land uses. These uses, approved sizes as well as completed sizes are illustrated in Table 1. The proposed Creekside Commerce Park CPUD amendment will continue to be developed as a mixed use project and will include three additional land uses. The proposed additional land uses are hotel, assisted living facility (ALF) and intermediate/acute care facility (ACF). The Creekside Commerce Park CPUD Rezone TIS provides a highest and best use scenario with respect to the project's proposed trip generation. The ALF and ACF 4 Packet Page -261- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 have a much lower trip generation relative to the existing approved uses. It is expected that the ALF and ACF will displace square footage assigned to the other approved uses at the time of development permitting, but as a conservative approach the new uses were analyzed as additional uses within the CPUD. The ACF does not have a corresponding ITE Land Use Code (LUC) and is anticipated to function similar to the ALF from a trip generation standpoint. Therefore the ACF and ALF are treated under the same ITE LUC in the analysis (ITE LUC 254). The proposed additional development program is illustrated in Table 2. Table 1—Creekside Commerce Park CPUD Existing Approved/Completed Development Land Use ITE Land Use Code Total Size Completed to Date ,: Retail 820 s 40,000 sf 5,792 sf, Medical Office 720 100,000 sf *89,169 sf General Office 710 K `i 50,000 sf *5, . Business Park 770 620,000 sf 488,201 sf :Total N/A 810,000 sf 583',162 Table Notes: Completed to date is per 2011 PUD Monitoring Report. *Office sf is not differentiated between medical and general in the monitoring report. Table 2— Creekside Commerce Park CPUD Proposed Additional Development Land Use ITE Land Use Code Total Size Completion Date Hotel 310' 240 rooms 203.5 Assisted Living Facility(ALF) 254 400 beds** 2015** .Intermediate/Acute Care Facility(ACF).- Table Notes: **ALF/ACF split has not been determined, but total number of beds at buildout is illustrated. 5 Packet Page-262- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 Trip Generation The project's site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 8th Edition. The software program Trip Generation by Microtrans (Rev. 11/08) is used to create the raw unadjusted trip generation for the project (Table 3). Table 3 identifies whether the ITE rate or equation is used to generate the project trips for a given land use. The trip generations in Table 3 are the proposed net new trips for the project (excluding the approved land uses). Conservatively, no reductions for internal capture or pass-by trips have been taken. The values in Table 3 are what will be used for the trip distribution and assignment in the link analysis. More details of the trip generation calculations can be found in Appendix F. Table 3— Site Trip Generation (Net New Proposed)—Average Weekday 24 Hour ITE Rate Two- AM Pk Hour PM Pk Hour or Way Fnuwt,nn Volume -'~~- Land User. Size: Volume. Enter:, Exit; 'Enter :'. Exit Hotel 240 rooms 2,141 94 67 82 86 Rate Assisted Living Facility{ALF)/ ,. 400 beds 1,096 48 20 60 56 � hates -Intermediate/Acute'Care Facili ACF Totals 3,237 142 87 142 142 6 Packet Page-263- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 Trip Distribution and Assignment The traffic generated by the development was assigned to the adjacent roadways using the original rezone TIS as coordinated with Collier County Transportation Planning Staff. The site-generated trip distribution is shown in Table 4 and is graphically depicted on the next page (by Percentage and by AM/PM Peak Hr, Peak Direction). Table 4—Project Traffic Distribution for Peak Hour, Peak Direction 2015 2015 2015 Projected Projected Projected CC Distribution AM Peak PM Peak PM Peak AUIR Roadway Link Hr,Peak Roadway Link of Project Hr,Enter Hr, Exit Link Location c Direction Traffic Project ID# Project Traffic Traffic Traffic Volume Volume Volume West of Goodlette Immokalee Road 41 1 32 5% 46 46 46 Frank Rd to US 41 , East of Goodlette- 41.2 Frank Rd to Airport- 31.3% 44 44 44 Pulling g Rd � w. �w Goodlette Frank- South of lmmokalee 23°0, 35 9% 51�;` Road Road a 24.0 South of Vanderbilt 18.4% 26 26 26 Beach Road Airport Pulling k South of Immokalee 7.8% 11,' 11 <.11 Rd 1.0 �tt o Road ", North of Immokalee US 41 99.0 Road 18.0% 26 26 26 South of Immokalee Road 61A% 9 9 .. k .. ._ Vanderbilt Beach West of Goodlette- 110.1 4.0% 6 6 6 Rd Frank Rd • East of Goodlette 110:2 Frank Rd 15 Note:Peak Hr,Peak Direction is AM Pk Hr Entering and PM Pk Hr Entering and Exiting Volumes,respectively. 7 Packet Page -264- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 22 SITE 24 1 tl.Uge71 23 377 111TH AVE I NAPLES - IMMOKALEE RD. (C.R. 846) 27 26 v 25 v o s 1 n -ci .E:qo r D c P a E. o V y A,7 34 to:°`,. ' 35 w 36 I18.4% I 1Creekside CPUD Trip Distribution by Percentage 22 24 lAM--uB=36:NB=16 SITE IPM--SB=26:NB=26 Creekside CPUD Trip Distribution AM/PM Peiik t: AM--E13=46:WB=28 'Hour--Vehicles Per Hour-Weekday PM-EB=-46..WB=461 • 111TH AVE ) NAPLES - IMMOKALEE RD. (C.R. 546) • • ( i• IAM-W B=44;BB=27 V'M--W B=44:EB=44 A • Z7 26 v 25 a xi P- AM--NB=9:Sb=5 O v i P&t--N6-9;58=4 b 0 r AM-NB=11:SB=7 r- -5-o4 BM-NB=51:SB St -4 PM-NB=1t:S13-11 Z ?I t 'n PM-rSB=51:BB=51 m c) F i xi C -n O D AM-SE=6;WB=3 ,p, PM--EB=6:W13=6 -- 9 c-) ; m PM-•WB=15:EB=tS 7O O D 34 77745 36 AM--NB=26:SB=16 PM-NB=26;SB=26 Legend: EB=oasloound:NB=northnoune:SE= <oulhbound;WB=westbound. 8 Packet Page -265- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 Background Traffic Average background traffic growth rates were estimated for the segments of the roadway network in the study area using the Transportation Planning Staff Guidance of a minimum 2% growth rate, or the rate from 2008 thru 2011 AUIR data, whichever is greater. Table 5 illustrates the application of projected growth rates, or trip bank data to generate the projected background (without project) peak hour peak direction traffic volume for the year 2015. Table 5—Background Traffic without Project (2011 and 2015) 2011 AUIR Projected 2015 Projected CC Peak Hr, Traffic Peak Hr,Peak Dir Roadway AUIR Roadway Link Peak Dir Annual Trip Growth Background Link Link ID Location Background Growth Bank Factor Traffic Volume # Traffic Rate w/out Project Volume o (trips/hr) (%/yr) (trips/hr) West of Immokalee 4` Road., 411 s Goodlette Frank` 1,936 2% 265 10824 �R 2,201 Rd.to US41 ' I East of Goodlette- 41.2 Frank Rd to 2,166 4% 340 1.1699 2,534 Airport-Pulling Rd Goodlette South of : : 711 `2� 163 1 0824 874 . Frank Road ' ,; Immokalee Road � � South of 24.0 Vanderbilt Beach 1,473 6.4% 82 1.2816 1,888 Road Airport South of ,, 1,252 2/ 157 10824 ,1,409, 10 Pulling Rd Immokalee Road US 41 99 0 North of 2,711 2% 414 1.0824 3,125 Immokalee Road South of 100.0 2,643 .,,,-..'-,2,'"''.' % 323 10824 , ' 2,966 . Road?. Vanderbilt West of Beach Rd 110.1 Goodlette-Frank 1,361 2% 171 1.0824 1,532 Rd East of Goodlette- 110 2 70 10 1% : `392` 14694 : 2,-307 -=',,' w Frank Rd Table Note: Growth Rate=from 2008 to 2011 traffic count data,or 2%,whichever is greater. Growth Factor= (1+Annual Growth Rate)^4. 2015 Projected Volume=2011 AUIR Volume*Growth Factor, or 2011 AUIR+AUIR Trip Bank,whichever is greater. 9 Packet Page -266- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 Existing and Future Roadway Network The existing roadway conditions are extracted from the 2011 Annual Update and Inventory Report (AUIR) and the 2015 roadway conditions are based on the current Collier County 5 Year Work Program. The roadways evaluated are anticipated to remain the same thru 2015. The existing and future roadway conditions are illustrated in Table 6. Table 6—Existing and Future Roadway Conditions CC Exist Peak Future Roadway Link AUIR Roadway Link Location Exist Exist Min Dir,Peak Hr 2015 Link Roadway LOS Std Capacity Roadway ID# Volume Mest of GoOdlette ' . r Immokalee Road 41`.1 ' 6D E Ir'ankRdtoUS4�4 , •. 41.2 East of Goodlette-Frank 6D E 3,790(E) 6D Rd to Airport-Pulling Rd Goodlette-Frank , (South of Immokalee 23 0 2t� '' 2U ' Road Road 24 0 South of Vanderbilt 6/4D D 2,790(N) 6/4D Beach Road "''' �uutii ui I�nrnuicaiee Airport Pulling Rd, 10 ti „4D D . 1 Road US 41 99.0 North of Immokalee 6D E 3,520(N) 6D Road 400.0 South of Immokalee 6D E 3,370(N) 6D Road ..w 5 �P Vanderbilt Beach West of Goodlette- Rd Frank Rd D 1,820 4D 110.1 4D East of Goodlette Frank; 110 2 - 6/4D D , 2,750 Note:E=East,N=North,S=South,W=West. 10 Packet Page-267- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 Project Impacts to Area Roadway Network--Roadway Link Analysis The Collier County Transportation Planning Services developed Level of Service (LOS) volumes for the roadway links impacted by the project were evaluated to determine the project impacts to the area roadway network in the future (2015). The Collier County Transportation Planning Services guidelines have determined that a project will be considered to have a significant and adverse impact if both the percentage volume capacity exceeds 2% of the capacity for the link adjacent to the project; 3% for other links and if the roadway is projected to operate below the adopted LOS standard. Based on these criteria, this project does not create any significant and adverse impacts to the area roadway network. The project PM peak exiting volumes are added to the network volumes to coincide with the network peak time and peak direction. Table 7 illustrates the LOS impacts of the project on the roadway network closest to the project. None of the adjacent links are projected to be operating below the adopted level of service with, or without the project. 11 Packet Page -268- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 Table 7—Roadway Link Level of Service (LOS)—With Project in the Year 2015 2015 CPeakk 2015 Volume Min LOS Min LOS CC Peak Dir, Peak Dir, exceeded exceeded Roadway Link AUIR Roadway Link Direction Capacity Peak Hr Peak Hr without with Link Location Capacity (Project Volume Impact Project? Project? ID# Volume Vol w/Project By Yes/No Yes/No Added) Project r, ,,,,',,C,,,..^' -.i w1tM �, ` C a4 fq„ �YNR t 9< lmmokalee 4 41'1 West Rd oodlette 3,030(W) r 6��46 ' 2,247 ,„5 15% No o rs� ...# Np .', Road` Frank Rd to US 41. F. ,. .,.;wk ,. ,,.,'.�., ".'* r;. ) 4 i a East of Goodlette- 41.2 Frank Rd to Airport- 3,790(E) 44 2,578 1.2% No No Pulling Rd Goodlette Sputh oflmmokalee �,, ,. 23'0 w , �,; p 9Q,( �1;. 51a 1,1 N� Frank„Road Road 3/ 925 # 4 0 '.,'../N,.o 0 n ; South of Vanderbilt 24.0 2,790(N) 26 1,914 0.9% No No Beach Road T' Airport Pulling South of Immokalee 2,460(N) 11t� 1,420 0.4%s ' No ?`� No g ,r4 , x 10 Rd Road North of Immokalee US 41 99.0 Road 3,520(N) 26 3,151 0.7% No No i South of lmmokalee f o 100 0 Road 3,37D�'N) 9 2,975 ,....,. .; Vanderbilt 110.1 West of Goodlette- 1,820 6 1,538 0.3% No No Beach Rd Frank Rd 110 2 East o. Goodiette 2,750(E) ' 15 2,322 0 5% No No �,FrankRd � ��` ' � I 12 Packet Page -269- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 Intersection/Turn Lane Analysis No changes to the project accesses are proposed with this amendment (Appendix B). A detailed evaluation of applicable access points will be performed at the time of site development permitting/platting to determine turn lane requirements and signalization, as they are warranted. Improvement Analysis The project impacts to the Collier County roadway network are not significant and are not adverse. Based on the link analysis and trip distribution, the proposed project is not a significant and adverse traffic generator to this location. In conclusion, additional site or offsite improvements as required would be addressed at the time of site development permitting/platting. Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the project as well as fulfilling prior PUD rrmmitmt ntc 13 Packet Page -270- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 Appendix A: Project Methodology Meeting Notes (3 Sheets) 14 Packet Page-271- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment VS June 2012 APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply,or N/A(not applicable). Date: May 9.2012 Time: 1:30 um Location:CCDS Conf Rm B People Attending: Name,Organization,and Telephone Numbers IS 1) Reed Jarvi.CC Growth Mgmt Div 2) John Podzerwinsky.CC Growth Mgmt Div 3) David Borden.Barron Collier Companies 4) Richard Yovanovich.CY&K 5) D.Wayne Arnold,OGMA 6) Nonnan Trebilcock,TCS Study Preparer: Preparer's Name and Title:Nonnan Trebilcock.AICP,PE Organization:Trebilcock Consulting Solutions.PA Address & Telephone Number: 6660 Mangrove Way. Naples, Fl 34109: ph 239-566- 9551 Reviewer(s): Reviewer's Name&Title:John Podzerwinskv,Proiect Manager Collier County Transportation Planning Department Organization&Telephone Number:252-5890 Applicant: �a Applicant's Name:David Borden,Barron Collier Companies. Address:2600 Golden Gate Parkway.Naples,FL 34105 Telephone Number:239-403-6870 is Page 1 of 3 is 15 Packet Page-272- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 APPENDIX A INITIAL MEETING CHECKLIST Proposed Development: Name: Creekside Commerce Park CPUD Location: Immokalee Rd and Goodlette Frank Rd(SW and SE Corners).Naples.FL Land Use Type:CPLJD ITE Code#: 254(Assisted Living);710(General Office Building);720(Medical-Dental Office Building):770(Business Park):820(Shopping Center);310(Hotel) Proposed number of development units: Assisted Living to be determined at time of SDP/platting: 710 (General Office Building) no change; 720 (Medical-Dental-Office Building)no change:770(Business Park)no change: 820(Shopping Center)no change;, 310(Hotel)240 rooms Other: None. Description: Zoning Existing:CPID Comprehensive plan recommendation:N/A Requested:To allow Adult Living Facility(ALF),Intermediate Care Facility(treated as ALF for trips)and Hotel. Findings of the Preliminary Study: Study Type: (if not net increase,operational study) Small Scale TIS ❑ Minor TIS X MaiorTIS ❑ j` Study Area: Boundaries:Adjacent streets Lumokalee Rd.Goodlette-Frank Rd.Vanderbilt Beach Rd.and US 41 Additional intersections to be analyzed:N/A Horizon Year(s):2015 Analysis Time Period(s):2015 Future Off-Site Developments:N/A Source of Trip Generation Rates:ITE LUC Data Reductions in Trip Generation Rates: None:N/A Pass-by trips:Per 1TE,CC Guidance Page 2 of 3 f• 16 Packet Page -273- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 APPENDIX A INITIAL MEETING CHECKLIST Internal trips(PUD):Per existing approved PUD TIS Transit use:N/A Other: lam/ Horizon Year Roadway Network Improvements; 2015. Methodology&Assumptions: Non-site traffic estimates:N//AA Site-trip generation: ITE LUC; Intermediate Care Facility does not have a specific ITE LUC,so the ALF LUC will be used. Trip distribution method:Existing approved PUD TIS. Traffic assignment method:Existing approved PUD TIS Traffic growth rate:2%minimum,or AUIR Special Features:(from preliminary study or prior experience) Accidents locations:NJA. Sight distance:N/A Queuing:N/A Access location&configuration:Existing approved PUD Traffic control:MUTCD Signal system location&progression needs:N/A On-site parking needs:Per CC LDC Data Sources:CC AUIR—Aug 2011.or updated if available:CC Traffic Counts Base maps:N/A Prior study reports: lA Access policy and jurisdiction:CC Access Mgmt:CC LDC Review process:N/A Requirements:N/A Miscellaneous: Net new trips will be determined for ALF, Intermediate Care and Hotel land uses. Existing approved uses will be deducted from total trip generation calculations. SIGNATURES NOrwPv,Trebilca 1,2 Study Preparer—Norman Trebilcock Reviewer(s) Dai;a)C. @oz. Applicant Page 3 of 3 17 Packet Page-274- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment T1S June 2012 Appendix B: Project Master Site Plan (1 Sheet). offt 18 Packet Page-275- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 ...,.. MI illi i 0. Nff eV 1 4k1 . 1 ' / ■ '-----. 11.,., ■....r.......■ ■•• '1". .r. 0 0 gi.,,,,',.... ilift '— -on. iss.,....: r*:, S7-"..7-7\'7 [] ;-": %,:.•.1 0'-'1111.''''Z'1 I 1 ---......'.. 1 [Tr 11 11 1 V .,•,..: '1 i I 1•I'l *lit 11 ; P 11 rk a 0 0 DI r 0 0 ..,: - ,, '.. 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M WILSON•MILLER EMIT EH ALTERNATE MASTER PLAN PREPARED FOR BARRON COLLIER PARTNER4HP ' 1111: !IV ;aim IllIM10/211 4,6,U RIDY Is?galai pl =o va .. w comme ,., .. 4 —•••••....-.. L . 1......-7.,, 's'e': .' 19 Packet Page-276- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 Appendix C: ITE Trip Generation Calculations (8t" Edition) (8 Sheets) 20 Packet Page -277- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 Creekside Commerce Park CPUD Proposed Summary of Multi-Use Trip Generation Average Weekday Driveway Volumes June 13, 2012 24 Hour AM Pk Hour PM Pk Hour Two-Way Land Use Size Volume Enter Exit Enter Exit Shopping Center 40 Th.Sq.Ft. GLA 3743 55 35 169 176 Medical-Dental Office Building 100 Th.Sq.Ft. GFA 3613 182 48 93 253 General Office Building 50 Th.Sq.Ft. GFA 782 95 13 23 112 Business Park 620 Th.Sq.Ft. GFA 7412 718 137 186 623 Hotel 240 Occupied Rooms 2141 94 67 82 86 j; Assisted Living 400 Occupied Beds 1096 48 20 60 56 Total Driveway Volume 18787 1192 320 613 1306 Total Peak Hour Pass-By Trips 0 0 86 90 Total Peak Hour Vol. Added to Adjacent Streets 1192 320 527 1216 is Note: A zero indicates no data available. TRIP GENERATION BY MICROTPANS 21 Packet Page-278- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 Creekside Commerce Park CPUD Proposed • Summary of Multi-Use Trip Generation Saturday and Sunday Driveway Volumes June 13, 2012 Saturday Sunday 24 Hr Peak Hour 24 Hr Peak Hour 2-Way 2-Way Land Use Size Vol. Enter Exit Vol. Enter Exit Shopping Center 40 Th.Sq.Ft. GLA 5187 246 227 4840 0 0 Medical-Dental Office Building 100 Th.Sq.Ft. GFA 896 207 156 155 21 19 General Office Building 50 Th.Sq.Ft. GFA 125 11 10 39 5 4 Business Park 620 Th.Sq.Ft. GFA 1446 0 0 762 0 0 Hotel 240 Occupied Rooms 2520 118 91 2035 84 98 Assisted Living 400 Occupied Beds 880 72 72 976 76 92 owat Total Driveway Volume 11054 654 556 8807 186 213 Total Peak Hour Pass-By Trips 93 86 (; Total Pk Hr Vol Addc3 tn Adj acpnt ,S`t rPP.t.s 561 470 Note: A zero indicates no data available. r'. TRIP GENERATION BY MICROTRANS 22 Packet Page-279- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 Creekside Commerce Park CPUD Amendment Summary of Trip Generation Calculation For 40 Th.Sq.Ft. GLA of Shopping Center June 11, 2012 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2-Way Volume 93.59 0.00 1.00 3743 7-9 AM Peak Hour Enter 1.37 0.00 1.00 55 7-9 AM Peak Hour Exit 0:87 0.00 1.00 35 7-9 AM Peak Hour Total 2.24 0.00 1.00 90 4-6 PM Peak Hour Enter 4.22 0.00 1.00 169 4-6 PM Peak Hour Exit 4.39 0.00 1.00 176 4-6 PM Peak Hour Total 8.61 0.00 1.00 344 AM Pk Hr, Generator, Enter 0.00 0.00 1.00 0 AM Pk Hr, Generator, Exit 0.00 0.0Q 1.00 0 AM Pk Hr, Generator, Total 0.00 0.00 1.00 0 PM Pk Hr, Generator, Enter 0.00 0.00 1.00 0 PM Pk Hr, Generator, Exit 0.00 0.00 1.00 0 PM Pk Hr, Generator, Total 0.00 0.00 1.00 0 Saturday 2-Way Volume 129.69 0.00 1.00 5187 Saturday Peak Hour Enter 6.14 0.00 1.00 246 Saturday Peak Hour Exit 5.67 0.00 1.00 227 Saturday Peak Hour Total 11.81 0.00 1.00 472 Sunday 2-Way Volume 120.99 0.00 1.00 4840 Sunday Peak Hour Enter 0.00 0.00 1.00 0 Sunday Peak Hour Exit 0.00 0.00 1.00 0 Sunday Peak Hour Total 0.00 0.00 1.00 0 ," Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-Way Volume: LN(T) = .65LN(X) + 5.83, R"2 = 0.78 7-9 AM Peak Hr. Total: LN.(T) = .59LN(X) + 2.32 R"2 = 0.52 , 0.61 Enter, 0.39 Exit 4-6 PM Peak Hr. Total: LN(T) = .67LN(X) + 3.37 R"2 = 0.81 , 0.49 Enter, 0.51 Exit AM Gen Pk Hr. Total: 0 R"2 = 0 , 0 Enter, 0 Exit PM Gen Pk Hr. Total: 0 R"2 = 0 , 0 Enter, 0 Exit Sat. 2-Way Volume: LN(T) _ .63LN(X) + 6.23, R"2 = 0.82 Sat. Pk Hr. Total: LN(T) = .-65LN(X) + 3.76 RA2 = 0.83 , 0.52 Enter, 0.48 Exit Sun. 2-Way Volume: T = 15.63(X) + 4214.46, R"2 = 0.52 Sun. Pk Hr. Total: 0 R"2 = 0 , 0 Enter, 0 Exit Source: Institute of Transportation Engineers Trip Generation, 8th Edition, 2008. TRIP GENERATION BY MICROTRANS 23 • Packet Page -280- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment T1S June 2012 Creekside Commerce Park CPUD Amendment Summary of Trip Generation Calculation • For 100 Th.Sq.Ft. GFA of Medical-Dental Office Building June 11, 2012 Average Standard Adjustment Driveway Rate Deviation Factor Volume • Avg. Weekday 2-Way Volume 36.13 10.18 1.00 3613 • 7-9 AM Peak Hour Enter 1.82 0.00 1.00 182 7-9 AM Peak Hour Exit 0.48 0.-00 1.00 48 7-9 AM Peak Hour Total 2.30 1.88 1.00 230 4-6 PM Peak Hour Enter 0.93 0.00 1.00 93 4-6 PM Peak Hour Exit 2.53 0.00 1.00 253 4-6 PM Peak Hour Total 3.46 2.50 1.00 346 AM Pk Hr, Generator, Enter 2.39 0.00 1.00 239 5 AM Pk Hr, Generator, Exit 1.23 0.00 1.00 123 AM Pk Hr, Generator, Total 3.62 2.38 1.00 362 • PM Pk Hr, Generator, Enter 1.78 0.00 1.00 178 PM Pk Hr, Generator, Exit 2.67 0.00 1.00 267 PM Pk Hr, Generator, Total 4.45 2.50 1.00 445 Saturday 2-Way Volume 8.96 9.17 1.00 896 • Saturday Peak Hour Enter 2.07 0.00 1.00 207 Saturday Peak Hour Exit 1.56 0.00 1.00 156 Saturday Peak Hour Total 3.63 1.93 1.00 363 Sunday 2-Way Volume 1.55 1.80 1.00 155 Sunday Peak Hour Enter 0.21 0.00 1.00 21 Sunday Peak Hour Exit 0.19 0-.00 1.00 19 Sunday Peak Hour Total 0.40 0.00 1.00 40 • • Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 8th Edition, 2008. TRIP GENERATION BY MICROTRANS • ow 24 Packet Page-281- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 Creekside Commerce Park CPUD Amendment Summary of Trip Generation Calculation For 50 Th.Sq.Ft. GFA of General Office Building June 11, 2012 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2-Way Volume 15.65 0.00 1.00 782 7-9 AM Peak Hour Enter 1.90 0.00 1.00 95 7-9 AM Peak Hour Exit 0.26 0.00 1.00 13 7-9 AM Peak Hour Total 2.15 0.00 1.00 108 4-6 PM Peak Hour Enter 0.46 0.00 1.00 23 4-6 PM Peak Hour Exit 2.24 0.00 1.00 112 4-6 PM Peak Hour Total 2.70 0.00 1.00 135 AM Pk Hr, Generator, Enter 1.90 0.00 1.00 95 AM Pk Hr, Generator, Exit 0.26 0.00 1.00 13 AM Pk Hr, Generator, Total 2.15 0.00 1.00 108 1. PM Pk Hr, Generator, Enter 0.46 0.00 1.00 23 PM Pk Hr, Generator, Exit 2.24 0.0Q 1.00 112 PM Pk Hr, Generator, Total 2.70 0.00 1.00 135 Saturday 2-Way Volume 2.51 0.00 1.00 125 Saturday Peak Hour Enter 0.23 0.00 1.00 11 Saturday Peak Hour Exit 0.19 0.00 1.00 10 Saturday Peak Hour Total 0.42 0.00 1.00 21 Sunday 2-Way Volume 0.79 0.00 1.00 39 Sunday Peak Hour Enter 0.10 0.00 1.100 5 Sunday Peak Hour Exit 0.07 0.00 1.00 4 Sunday Peak Hour Total 0.17 0.00 1.00 9 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr.. 2-Way Volume: LN(T) = .77LN(X) + 3.65, RA2 = 0.8 . 7-9 AM Peak Hr. Total: LN(T) = .-8LN(X) + 1.55 R^2 = 0.83 , 0.88 Enter, 0.12 Exit 4-6 PM Peak Hr. Total: T = 1.12(X) + 78.81 R^2 = 0.82 , 0,17 Enter, 0.83 Exit AM Gen Pk Hr. Total: LN(T) = 8LN(X) + 1.55 R^2 = 0.83 , 0.88 Enter, 0.12 Exit PM Gen Pk Hr. Total: T = 1.12(X) + 78,81 • R^2 = 0.82 , 0.17 Enter, 0.83 Exit Sat.. 2-Way Volume: T = 2.14(X) + 18.47, R^2 = 0.66 Sat. Pk Hr. Total: LN(T) _ .81LN(X) + -.12 R^2 = 0.59 , 0.54 Enter, 0.46 Exit Sun. 2-Way Volume: LN(T) = .86LN(X) + .31, R^2 = 0.5 Sun. Pk Hr. Total: LN(T) = .61LN(X) ± -.23 R^2 = 0.56 , 0.58 Enter, 0.42 Exit Source: Institute of Transportation Engineers Trip Generation, 8th Edition, 2008. TRIP GENERATION BY MICROTRANS 25 Packet Page -282- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 Creekside Commerce Park CPUD Amendment Summary of Trip Generation Calculation For 620 Th.Sq.Ft. GFA of Business Park June 11, 2012' Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2-Way Volume 11.96 0.00 1.00 7412 7-9 AM Peak Hour Enter 1.16 0.00 1.00 718 7-9 AM Peak Hour Exit 0.22 0.00 1.00 137 7-9 AM Peak Hour Total 1.38 0.00 1.00 855 4-6 PM Peak Hour Enter 0.30 0.00 1.00 18.6 4-6 PM Peak Hour Exit 1.00 0.00 1.00 623 4-6 PM Peak Hour Total 1.30 0.00 1.00 809 AM Pk Hr, Generator, Enter 1.16 0.00 1.00 718 AM Pk Hr, Generator, Exit 0.22 0.00 1.00 137 AM Pk Hr, Generator, Total 1.38 0.00 1.00 855 PM Pk Hr, Generator, Enter 0.30 0.00 1.00 186 PM Pk Hr, Generator, Exit 1.00 0.00 1.00 623 s PM Pk Hr, Generator, Total 1.30 0.00 1.00 809 Saturday 2-Way Volume 2.33 0.00 1.00 1446 Saturday Peak Hour Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 _ Saturday Peak Hour Total 0.00 0.00 1.00 0 Sunday 2-Way Volume 1.23 0.00 1.00 762 Sunday Peak Hour Enter 0.00 0.00 1.90 0 Sunday Peak Hour Exit 0.00 0.00 1.00 0 Sunday Peak Hour Total 0.00 0.00 1.00 0 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-Way Volume: T = 10.75(X) + 747.41, R^2 = 0.89 7-9 AM Peak Hr. Total: LN(T) _ .98LN(X) + .45 R^2 = 0.85 , 0.84 Enter, 0.16 Exit 4-6 PM Peak Hr. Total: LN(T) = .92LN(X) + .78 R^2 = 0.82 , 0.23 Enter, 0.77 Exit AM Gen Pk Hr. Total: LNjT) = .98LN(X) + .45 RA2 = 0.85 , 0.84 Enter, 0.16 Exit PM Gen Pk Hr. Total: LN(T) = .92LN(X) + .78 RA2 = 0.82 , 0.23 Enter, 0.77 Exit 1. Sat.. 2-Way Volume: LN(T) = .83LN(X) + 1.94, R"2 = 0.81 Sat, Pk Hr. Total: 0 R^2 = 0 , 0 Enter, 0 Exit Sun. 2-Way Volume: LN(T) = .99LN(X) + .27, R"2 = 0.86 Sun. Pk Hr. Total: 0 R^2 = 0 , 0 Enter, 0 Exit Source: Institute of Transportation Engineers Trip Generation, 8th Edition, 2008. TRIP GENERATION BY MICROTRANS 26 Packet Page-283- 3/12/2013 8.A. Creekside Commerce Park CPUD Amendment TIS June 2012 Creekside Commerce Park CPUD Amendment Summary of Trip Generation Calculation For 240 Occupied Rooms of Hotel June 11, 2012 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2-Way Volume 8. 92 6.04 1.00 2141 7-9 AM Peak Hour Enter 0.39 0.00 1.00 94 7-9 AM Peak Hour Exit 0.28 0.00 1.00 67 7-9 AM Peak Hour Total 0.67 0.84 1.00 161 4-6 PM Peak Hour Enter 0.34 0.00 1.00 82 4-6 PM Peak Hour Exit 0.36 0.00 1.00 86 4-6 PM Peak Hour Total 0.70 0.87 140 168 AM Pk Hr, Generator, Enter 0.35 0.00 1.00 84 AM Pk Hr, Generator, Exit 0.29 0.00 1.00 70. AM Pk Hr, Generator, Total 0. 64 0.84 1.00 154 PM Pk Hr, Generator, Enter 0.42 0.00 1.00 101 PM Pk Hr, Generator, Exit 0.32 0.00 1.00 77 PM Pk Hr, Generator, Total 0.74 0.89 1.00 138 Saturday 2-Way Volume 10.50 4-.11 1.00 2520 Saturday Peak Hour Enter 0.49 0.00 1.00 118 Saturday Peak Hour Exit 0.38 0.00 1.00 91 Saturday Peak Hour Total 0.-87 0.94 1.00 209 Sunday 2-Way Volume 8.48 3.42 1.00 2035 • Sunday Peak Hour Enter 0.35 0.00 1.00 84 Sunday Peak Hour Exit 0.41 0.00 1.00 98 Sunday Peak Hour Total 0.75 0.88 1.00 180 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 8th Edition, 2008 TRIP GENERATION BY MICROTRANS 27 Packet Page-284- 3/12/2013 8.A. Creekside Commerce Pork CPUD Amendment TIS June 2012 Creekside Commerce Park CPUD Amendment Summary of Trip Generation Calculation For 400 Occupied Beds of Assisted Living June 13, 2012 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2-Way Volume 2.74 1.75 1.00 1096 7-9 AM Peak Hour Enter 0.12 0.00 1.00 48 7-9 AM Peak Hour Exit 0.05 0.00 1.00 20 7-9 AM Peak Hour Total 0.17 0.00 1.00 68 4-6 PM Peak Hour Enter 0.15 0.00 1.00 60 4-6 PM Peak Hour Exit 0.14 0.00 1.00 56 4-6 PM Peak Hour Total 0.29 0.00 1.00 116 AM Pk Hr, Generator, Enter 0.19 0.00 1.00 76 AM Pk Hr, Generator, Exit 0.06 0.00 1.00 24 AM Pk Hr, Generator, Total 0.25 0.00 1.00 100 PM Pk Hr, Generator, Enter 0.14 0.00 1.00 56 PM Pk Hr, Generator, Exit 0.24 0.00 1.00 96 PM Pk Hr, Generator, Total 0.38 0. 61 1.00 152 Saturday 2-Way Volume 2.20 1.57 1.00 880 Saturday Peak Hour Enter 0.18 0.00 1.00 72 Saturday Peak Hour Exit 0.18 0.00 - 1.00 72 Saturday Peak Hour Total 0.36 0. 60 1.00 144 Sunday 2-Way Volume 2.44 1. 65 1.00 976 Sunday Peak rioiir Enter 0.19 0.00 1.00 76 t Sunday Peak Hour Exit 0.23 0.00 1.00 92 Sunday Peak Hour Total 0.42 0.65 1.00 168 a I e Note: A zero indicates no data available. t Source: Institute of Transportation Engineers Trip Generation, 8th Edition, 2008. s TRIP GENERATION BY MICROTRANS x 28 Packet Page -285- 3n2i2013 8.A. COLLIER'S RESERVE RECOMMENDATIONS PACKET Packet Page -286- 3/12/2013 8.A. Packet Page-287- 3/12/2013 8.A. JOHNS $N SINCE 1946 INGIN EERING TO: Nancy Gundlach DATE: January 9,2013 Collier's Reserve Recommendations for FROM: Laura DeJohn RE: Creekside Commerce Park CPUDA Per our phone call yesterday, thank you for the opportunity to submit the attached preliminary information on behalf of Collier's Reserve related to the Creekside Commerce Park PUDA (PL20120000111) scheduled for Collier County Planning Commission consideration on January 17, 2013. This preliminary information is subject to change as a result of expected coordination with the applicant prior to the scheduled hearing. The attached material is the result of preliminary analysis performed to date to assess the building heights, setbacks, and relationships along the corridor of Immokalee Road in the vicinity of Creekside Commerce Park and Collier's Reserve from U.S.41 on the west to the eastern limit of the subject property(Creekside Commerce Park CPUD)on the east. Our preliminary analysis shows that this area is characterized by a suburban development pattern. The predominant building type is one- to three-story buildings typically set back from Immokalee Road between 27'-265',with the exceptions of the special purpose buildings(Naples Daily News and North Collier Hospital) with building elements that reach 75-100 feet in height; those elements being setback over 200' from the Immokalee Road corridor, providing visual relief and compatible scale for the traveling public and neighbors who experience the corridor. To discern the context of the built environment along the corridor, the attached exhibit titled Immokalee Road Building Height to Width Ratios depicts the relationship of the building heights and distances that buildings facing one another are apart along the corridor. This is a methodology commonly applied to urban corridors to determine appropriate pedestrian scale. In truly urban settings, the building height to corridor width ratio (width being measured from the face of two opposing buildings across the street from each other) is typically 1:2, so that a 40' tall building is separated from the building it faces across the street by 80' (usually characterized by a 60' right-of-way with an additional 10' planter or furnishing zone). We applied this measurement system to define the typical height-to-width ratio along Immokalee Road in the vicinity of Creekside Commerce Park.' The resulting typical height-to-width ratios along this segment of Immokalee Road are not near an urban standard, and much more suburban in nature, with ratios ranging from 1:17 where the Walgreens faces the Riverchase Shopping Center to 1:4 for the buildings occupying the northwest and southwest quadrants of the Goodlette RoadlImmokalee Road intersection. The prevailing building height-to-width relationships along the corridor are in the range of 1:6 to 1:12. Demonstrating this, the portion of the Naples Daily News building nearest Immokalee Road yields a ratio of approximately 1:12, while the setback 'Building heights were assumed according to observed stories,i.e.,observed one-story buildings were estimated at 30',and according to maximums provided in PUD regulations for observed multi-story buildings. 2350 Stanford Court.Naples,Florida 34112 (239)43darm.FAY 0101414_9320 Packet Page-288- 3/12/2013 8.A. Ms.Nancy Gundlach January 9,2013 Page 2 afforded to the taller portion of the Naples Daily News building yields a ratio of approximately 1:6, thus the taller height with greater setback renders the building consistent with other buildings along the street. The requested PUD Amendment seeks to increase building height from 50' up to 85' (actual height),with an unchanged minimum setback along Immokalee Road of 50'. The recommended height and setback relationship recommended by Collier's Reserve is to observe a ratio of 1:6 facing Immokalee Road, which is consistent with the prevailing building height-to-width relationships along the corridor. This ratio translates to a 42' building height limit at the minimum 50' setback, and a"wedding cake"-effect setback envelope at a horizontal setback of 6 feet to every 1 foot of vertical height above 42', as depicted in the attached exhibit titled "Creekside East 1:6 Building Height to Width Ratio." This building height/setback request along with landscape buffer recommendations are provided in the attached Proposed PUD Ordinance with Collier's Reserve recommendations in track changes format. We look forward to the opportunity to discuss this further with you and the applicant in advance of the January 17 hearing. Exhibit 1: Immokalee Road Aerial with Photos Exhibit 2: Inventory of approved PUD development standards along Immokalee Road Exhibit 3: Immokalee Road Building Height to Width Ratios Exhibit 4: Creekside East 1:6 Building Height to Width Ratio(Recommended by Collier's Reserve) Exhibit 5: Proposed PUD Ordinance with Collier's Reserve recommendations in track changes Packet Page-289- -06Z- aged laNaed ' ,','. ,a I (( B. r'^+ms's'-. :.t "1 �L, � _-��— 6 Rf !:s""« . ze A i, :t z"° fi Xr t 6 ri a "4 ' '1 r j 44` 4#t,;4 ' : ct;r_ t :4` ; LiT - e. , }.1 t ; .4 } • ! 3 i r t:fi T ��i a e�,ox �.. .-.- a y e..-.: 1 , F _.:;.t., • : 10p. ..,...:„.....z.4,-., ..•i '7. `�, �! s, "�! x+"'f &-o g C .a • !:# t ;. ny4, ' I , .,i ,,.. .„...„,. '''T-' .0 ,'I,r.11'4,'.4;AO‘.,-:,';,4,,:, '.. -'7"''„ ■'' .. .'''' (...7 M CC ia , z ' a LD_ A� s I .,_ � z w = - j y p ' "4 k�� � M } ?, wa.,mf x . f "s S. . . -- � I t P. i -r. fi ' , " +.ras ml. „ `,a ., n . p . 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ORDINANCE NO.13 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2006-50, THE CREEKSIDE COMMERCE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), AS . AMENDED, BY AMENDING SECTION III, INDUSTRIAL/ COMMERCE DISTRICT, TO INCLUDE HOTEL, MOTEL, SENIOR., HOUSING INCLUDING INDEPENDENT LIVING, ASSISTED LIVING, SKILLED NURSING, CONTINUING CARE RETIREMENT ' COMMUNITY AND INTERMEDIATE CARE FACILITIES . AS ADDITIONAL USES, ESTABLISHING A FLOOR AREA RATIO OF .6 FOR THE ADDITIONAL USES, AND REVISING'"THE DEVELOPMENT STANDARDS TO INCREASE THE` MAXIMUM HEIGHT FOR PARCELS EAST OF GOODLETTE-FRA.NK'ROAD TO 75 FEET ZONED HEIGHT AND 85 FEET ACTUAL HEIGHT; BY AMENDING SECTION IV, BUSINESS DISTRICT; TO INCLUDE HOTEL, MOTEL, SENIOR HOUSING INCLUDING INDEPENDENT LIVING, ASSISTED LIVING, SKILLED NURSING, CONTINUING CARE RETIREMENT COMMUNITY AND INTERMEDIATE CARE FACILITIES AS ADDITIONAL USES',ESTABLISHING A FLOOR AREA RATIO OF .6 FOR THE ADDITIONAL USES, AND REVISING THE DEVELOPMENT STANDARDS TO INCREASE THE MAXIMUM HEIGHT FOR PARCELS EAST OF-GOODLETTE-FRANK ROAD TO 75 FEET ZONED HEIGHT AND'85 FEET ACTUAL HEIGHT FOR THE CPUD PROPERTY LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 105.ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 24, 2006, the Board of County Commissioners approved Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development(the"PUD");and WI-IEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., and D. Wayne Arnold of Q. Grady Minor & Associates representing Creekside West, Inc, and Creekside East, Inc., petitioned the Board of County Commissioners to amend the CPUD to allow for additional uses and to increase the floor area ratio of the aforementioned real property. `°° NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: Creekside Commerce Center PUD I of 2 PUDA-PL20120000111 —Rev. 1/7/13 Packet Page-294- 3/12/2013 8.A. SECTION ONE: Amendment to Section III,Industrial/Commercial District of the CPUD Document of Ordinance No.2006-50 Section III,Industrial/Commercial District of Collier County Ordinance No. 2006-50 is hereby amended to read as follows: See Exhibit"A",attached hereto and incorporated herein by reference. SECTION TWO: Amendment to Section IV,Business District of the CPUD Document of Ordinance No.2006-50 Section IV, Business District of Collier County Ordinance No. 2006-50 is hereby amended to read as follows: See Exhibit"B",attached hereto and incorporated herein by reference. SECTION THREE: 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 day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk GEORGIA A.HILLER,ESQ. Chairwoman Approved as to form and legal sufficiency: Heidi Ashton-Cicko - (x, .1 Managing Assistant County Attorney Attachments: Exhibit A—Section III,Industrial/Commerce District Exhibit B—Section IV,Business District CP\12-CPS-01179\62 Creekside Commerce Center PUD 2 of 2 PUDA-PL20120000111—Rev. 1/7'13 Packet Page-295- 3/12/2013 8.A. Exhibit A SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as"I/C". 3.2 GENERAL DESCRIPTION Areas designated as "I/C" on the PUD Master Plan are intended to provide a maximum of 620,000 square feet of gross floor area of industrial/commerce uses on 41.6± net acres. Intermediate care (SIC Code 8052), and hoteUmote] uses (SIC Code 7011)are in addition to the IC gross square footage figures.The overall floor area ratio(FAR)for the IC designated industrial land usesareas shall not exceed.35; however, individual parcels may be developed at a higher FAR and the FAR for hoteUmotel,group housing and intermediate care facilities(SIC Code 8052)shall not exceed.6.(Refer to Section 3.5.Deviations) 3.3 PERMITTED USES AND STRUCTURES 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. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. 1. Aircraft Parts and Auxiliary Equipment(Group 3728) 2. Apparel and Other Finished Products(Groups 2311-2399) 3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. 4. Business Services(Groups 7311-7313,7319,7322,7323,7331-7338,7352, 7359-7389 except for industrial truck rental and leasing;plants,live:rental and leasing;toilets,portable:rental and leasing;employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service;automobile repossession service;bartering services for Amended PUD(revision)rev3 I-3-2013).doc 3-1 January'.9,2013 Packet Page-296- 3/12/2013 8.A. businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis;tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services(Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting,television broadcasting.radar or telephone service) 7. Computer and Office Equipment(Groups 3571-3579) 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors; gasoline pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non-Depository Institutions(Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic; morphine and derivatives; opium derivatives) 11. Educational Services(Groups 8249-8299 except construction equipment operation schools;truck driving schools;automobile driving instruction; survival schools;vocational counseling) 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612,3613,3624,3625,3631,3641-3676,3678,3679,3694,3695,3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers,reactor; Amended PUD(revision)rcv3 1-3 2013).doc 3-2 January'9,2013 Packet Page-297- 3/12/2013 8.A. atom smashers(particle accelerators; electron beam metal cutting,forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories;seed testing laboratories;veterinary testing laboratories) 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446. 3452, 3469,3492,3495,3496,production of metal is prohibited) 15. Furniture and Fixtures Manufacturing(Groups 2511-2599) 16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224- 9229,9311,9451,9511-9532,9611,9631-9660_ 4-6-17.Hotels/ Motels (Group 701 1), not to exceed a maximum of 240 rooms for the entire PUD, subject to a maximum actual height of fifty(50') feet and the enhanced landscape buffering requirements of Section 3.4.E.1. )- 18. Industrial and Commercial Machinery (Groups 3524, 3546, 3553- 3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers'; ammunition and explosives loading machinery; brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines;metal pickling equipment,except rolling mill lines) 4-8.19.Leather and Leather Products(Groups 3131-3199) 4-9:20. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods: Watches and Clocks Manufacturing (Groups 3812-3843,3845-3873) 28:21:Membership Organizations(Groups 8611-8631) 24,22. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs: bleaching, blending, curring, scraping, and tanning; feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring, tanning, bleaching and dyeing; plumes, feather; tear gas devices and equipment; veils made of hair) Amended PUD(revisionlrev3 1-3-2013).doc 3-3 lanuary 9,2013 Packet Page-298- 3/12/2013 8.A. I 2-2,23. Motion Picture Production(Groups 7812-7819) X24. Motor Freight Transportation (Groups 4214, 4215) 24.25. Packing and Crating(Group 4783) ti ,, 24,-25.Packing and Crating(Group 4783) i 1• 23 26.Paper and Allied Products(Groups 2652-2657,2673-2679) 26,27. Personal Services(Groups 7213, 7216, 7219, 7221) 27-28.Physical Fitness Facilities(Group 7991) 28:29.Plastic Materials and Synthetics(Groups 2833,2834) 29-30.Printing,Publishing and Allied Industries(Groups 2711-2791) 39 31. Professional Offices: including but not limited to,Travel Agencies(Group 4724); Insurance Agencies (Group 6411); Insurance Carriers'(Groups 6311- 6399); Real Estate(Groups 6512,6514,6517,6519,6531;.6541;6552,) 3-1-32.Rubber and Miscellaneous Plastic Products(Groups 3021,3085,3086, 3088,3089) 32.33.Transportation Equipment (Group 3732, except for boats, fiberglass: building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard:building and repairing) 33.34.United States Postal Service(Group 431 1) , 34 35. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage, petro'leum and chemical bulk stations and automobile dead storage) only'one'(1) self-storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 3 36. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063-5074,5078,5091,5092,5094-5099 except for fencing,wood-wholesale; lumber: rough, dressed, and finished-wholesale; batteries, except automotive- .; wholesale; storage batteries, industrial-wholesale; unit substations-wholesale; boilers,power: industrial-wholesale;boilers,steam and hot water heating- wholesale; burners, fuel oil and distillate oil-wholesale; oil burners- .. wholesale) 36.37. Wholesale Trade-Nondurable Goods (Groups 5111-5143, 5145. 5147-5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale; fish,tropical-wholesale;furs,dressed-wholesale;greases,animal and , I Amended PUT)(revision)rev3 I-3-2013).doc 3-4 January 9,2013 Packet Page-299- 3/12/2013 8.A. vegetable-wholesale; ice, manufactured or natural-wholesale, leather and cut stock-wholesale; linseed oil-wholesale; oils, except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude- wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs- wholesale;worms-wholesale) uses and is otherwise clearly consistent with the intent and purpose . f nvirortt7aente Services •- • - - -• • - - :ffipatiblc in this District. B. Restricted Principal Uses The following medical related uses must be located within a 14 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to Assisted living facilities, independent living units, skilled nursing units and continuing care retirement communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1,3.3.B.2.4.3.B.1 and 4.3.B.3 subject to a maximum actual height of fifty(50')feet and enhanced landscape buffering shall heprovided according to Section 3.4.E.1. -1,2. Health Services, medical clinics and offices(Groups 8011-8049 8052), a maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1,3.3.B.2,4.3.B.1 and 4.3.B.3. 2-3. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8092,8099) foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Comfy De4ele - -rrtal Services Administ eter—determt3tnes to be compatible in this District. C. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use,not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. D. Operational Requirements for Group Housing Amended PUD(revisionl rev3 1-3-2013).doc 3-5 January 39,2013 Packet Page-300- 3/12/2013 8.A. Group housing uses described in Section 3.2.B.1 shall provide the following services and-or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall he provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area:20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: Comment(Al]:ire District does not abut I. Front Yard,adjacent to tlmmokalee Road or Goodlette-Frank Road: Fifty hnmokaloe Road,so it's tecottunended strike to feet(50')for any portion of a building that is 50'in height or less: for portions Immokatee Road of buildings exceeding 50'in height.that portion shall maintain a minimum setback at a ratio of 2 horizontal feet for each 1 foot of vertical height. 2. Front Yard,Intemal:Thirty feet(30') 3. Side Yard:Ten feet(10') Five feet(5')to internal property line along Pine Ridge canal drainage easement and FP&L easement 4. Waterfront:Zero feet(0')to bulkhead or rip-rap at top of bank,otherwise twenty feet (20') Amended PtID(revision!rev3 1-3-2013).doc 3-6 January 9,2013 Packet Page-301- 3/12/2013 8.A. 5. Rear Yard:Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD:Fifty feet(501._ subject to the Front Yard requirement identified in 3.4.C.1 above. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road: tPhirty_f Five (Feet (35'), including silos, storage tanks, elevator towers, satellite dishes, antennas,etc. For parcels east of Goodlette-Frank Road: zoned height seventy-five feet (75'), actual height eight-five feet(851 subject to additional front yard setback requirements identified in 3.4.0,1 above for any portion of the building that exceeds 50'in height,except where a maximum actual height is stated for a specific use. E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof.Said fence,wall or landscaped screen shall be opaque in design.All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. E.I To mitigate the impacts of the surrounding roadways on the residents within the group housing facility described in 3.3.B.1 and on the hotel guests within the hotel/motel identified in 3.3.A.17 and to enhance the living environment of residents and experience of hotel guests,enhanced landscape buffers along Immokalee Road and Goodlette Frank Road will be provided. The enhanced buffer along lmrnokalee Road will incorporate the existing mature native vegetation to the greatest extent possible within a 40-font wide buffer area,to provide at a minimum the equivalent of I tree per 20 linear feet and understory or shrubs equivalent to 754l6,opaque screening of at least 6 feet in vertical height. The enhanced buffer along Goodlette Frank Road will incorporate the existing mature native vegetation to the greatest extent possible within a 30-foot wide buffer area,to provide at a minimum the equivalent of 1 tree per 20 linear feet. E-F. All industrial building sides visible from roadways internal or external to the park shall have the appearance of a concrete material, such as, but not limited to, block, brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides visible from said roadways are prohibited;as well as exposed metal siding on any building west of Goodlette Frank Road. €-G. Business District type uses located within the I/C District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8.of the LDC. 6,H, _Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof,alternatively,said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road,provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: 1. Section 2.8.3.5.1.,Purpose and Intent 2. Section 2.8.3.5.4.,Facade Standard 3. Section 2.8.3.5.6.,Project Standards 4. Section 2.8.3.5.7.,Detail Features except for 2.8.3.5.7.2. Amended I'UD(revision)rev3 13-2013).doc 3-7 January 32,2013 Packet Page-302- 3/12/2013 8.A. 5. Section 2.8.3.5.12. I. Loading Areas:Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north,east or west. J. Noise:Uses within the I/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. • K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel boundaries. Best practical treatment, maintenance, and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property.Light fixtures within parking areas shall not exceed 25 feet in height. M. Emissions: All sources of air emissions shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40) and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental , Regulation. 3.5 DEVELOPMENT STANDARDS 1. Deviation from LDC Section 5.05.04 D.I which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of.6 for group housing uses, including the intermediate care facility. Amended PUD(revision)rev3 I-3-2013).doc 3-8 January 39 20)3 Packet Page-303- 3/12/2013 8.A. Exhibit B SECTION IV BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as"B 4.2 GENERAL DESCRIPTION Areas designated as"B"on the PUD Master Plan are intended to provide a maximum of 190,000 square feet of floor area, including approximately 150,000 square feet of office uses and 40,000 square feet of retail uses on 19.1±net acres. Intermediate care facilities (SIC Code 8052), and hotel/motel uses(SIC Code 701 1) are in addition to the B District gross square footage figures. The overall floor area ratio (FAR) for the B designated business land uscsareas shall not exceed .35; however, individual parcels may be developed at a higher FAR and the FAR for hotel/motel, group housing and intermediate care facilities(SIC Code 8052)shall not exceed.6.Refer to Section 4.5,Deviations) 4.3 PERMITTED USES AND STRUCTURES 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. Auto and Home Supply Stores(Group 5531),provided that minor automotive repair is subject to the standards of Land Development Code Section 5.05.05 applicable to automobile service stations. 2. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. 3. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, Amended PUD(revision'rev3 I-3-20 13).doe 4-1 January 39 2013 Packet Page-304- 3/12/2013 8.A. live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems,contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation, scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis;tobacco sheeting service on a contract or fee basis) 4. Child Day Care Services(Group 8351) 5. Convenience Store(Group 5411)and Gasoline Filling Station(Group 5541)only one (1)allowed. 6. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service,radio broadcasting,television broadcasting,radar or telephone service. 7. Depository and Non-Depository Institutions(Groups 6011-6163)including automatic teller machines 8. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives;codeine and derivatives; gland derivatives:bulk,uncompounded; mercury chlorides,U.S.P:mercury compounds,medicinal:organic and inorganic;morphine and derivatives;opium derivatives) 9. Eating Places (Group 5812) not including fast food and drive-thru restaurants 10. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) 11. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories,commercial research;automobile proving and testing grounds;metallurgical testing laboratories;pollution testing,except automotive emissions testing;radiation dosimetry laboratories;seed testing laboratories;veterinary testing laboratories) 12. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311, 9451,9511-9532,9611,9631-9661) -1-2-13.Hotels/Motels(Group 7011);not to exceed a maximum of 240 rooms for the entire PUD,subject to a maximum actual height of fifty (50') feet and the enhanced landscape buffering provisions of Section 4.4,0. -I-3,14. Professional Offices:Travel Agencies(Group 4724);Insurance Agencies(Group 6411); Amended PUD(revisions rev3 1-3-2013).doc 4-2 January 39,2013 Packet Page-305- 3/12/2013 8.A. Insurance Carriers(Groups 6311-6399);Real Estate(Groups 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices(Groups 6712-6799);Attorneys(Group 8111) -14.15. Physical Fitness Facilities(Group 7991) -1-416. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to assisted living facilities, independent living units, skilled nursing units and continuing care retirement communities. A maximum of 400 beds shall be permitted for the uses listed in Sections 3.3.B.1. 3.3.B.2. 4.3.B.1 and 4.3.B.3, subject to a maximum actual height of fifty(50')feet and enhanced landscape buffering shall be provided per Section 4.4.G. -1,2. Drug Stores and Proprietary Stores (Group 5912) only one (1) drug store allowed. 2-3. Health Services, Medical Clinics and Offices (Groups 8011-8049, 8052), a maximum of 400 beds shall be permitted for the uses listed in Sections 3.3.B.1,3.3.B.2,4.3.B.1 and 4.3.B.3. 3.4. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8099) 4.5. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. Amended PUD(revision]rev3 I-3.2013).doc 4-3 January 39,2013 Packet Page-306- 3/12/2013 8.A. D. Operational Requirements for Group Housing Group housing uses described in Section 4.2.B.1 shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall beprovided_on-site.Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area:20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard,lmmokalee and Goodlette-Frank Roads:Fifty feet(50')for any portion of a building that is 42'in height or less; for portions of buildings exceeding 42' in height,that portion shall maintain a minimum setback at a ratio of 6 horizontal feet for each 1 foot of vertical height. 2. Front Yard,Internal Roads:Thirty feet(30') 3. Side Yard: Ten feet(10') Amended PUD(revision)rev3 1-3.2013).doc 4-4 January 32,2013 Packet Page-307- 3/12/2013 8.A. Five feet(5')to internal property line along the Pine Ridge canal drainage easement and FP&L easement 4. Waterfront:Zero feet(0)to bulkhead or rip-rap at top of bank,otherwise twenty feet (20') 5. Rear Yard:Twenty-five feet(25') 6. 1),linimutn Building Setback from Perimeter Boundary of PUD: a) Fifty feet(50)for buildings up to thirty five feet(35')in height. b) Three additional feet(3)for every one foot of building height over thirty five feet(35')adjoining residential districts. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road, tThree stories over parking to a maximum of fifty feet(50') : :. :'.•• : •- ::••- beundary-except that no structure shall be greater than thirty-five feet(35');on property west of the Pine Ridge Drainage Easement. For parcels east of Goodlette-Frank Road: zoned height seventy-five feet (75'). actual height eight-five feet (85'). subject to additional front yard setbacks identified in 4.4.C.1 above.and additional setbacks from perimeter boundary of PUD identified in 4.4.C.6 above for any portion of the building that exceeds 35'in height adjoining residential districts,except where a maximum actual height is stated fora specific use. E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8.Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects. F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. €..-G. To mitigate the impacts to the surrounding roadways on the residents within the facility and to enhance the living environment of resident., enhanced landscape buffers along Immokalee Road and Goodlette Frank Road will be provided. The enhanced buffer along Immokalee Road will incorporate the existing mature native vegetation to the greatest extent r�pss!hlle within a 40-foot wide buffer area,to provide at a minimum the equivalent of 1 tree psi 20 linear feet and understory or shrubs or other opaque screening of at least 6 feet in vertical height. The enhanced buffer along Goodlette Frank Road will incorporate the existing mature native vegetation to the greatest extent possible within a 30-foot wide buffer area.to provide at a minimum the equivalent of 1 tree per 20 linear feet. 4.5 DEVELOPMENT STANDARDS I. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses,to permit an FAR of.6 for_group housing uses, including the intennediate care facility. NAPLES/814133..1 1/82013 3:53 pm NAPLES/614155,08 1/9/2013 4-16 pm Amended PUD(revision(rev3 I-3-2013).doc 4-5 January 39,2013 Packet Page-308- 3/12/2013 8.A. .— Packet Page-309- /N Zg4b6y8�' 3/12/2013 8.A. At crW.‘1 ORDINANCE NO.06- 50 ex , AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, AMENDING ORDINANCE NUMBER 04-41, 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 CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FOR A PROJECT KNOWN AS CREEKSIDE COMMERCE PARK FROM PUD TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR A PROJECT TO BE KNOWN AS CREEKSIDE COMMERCE PARK CPUD LOCATED, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 105 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBERS 97-51 AND 06-41, THE FORMER CREEKSIDE COMMERCE PARK PUD AND CREEKSIDE COMMERCE PARK CPUD;AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold of Q. Grady Minor, representing Creekside West, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein "' described real property,known as petition PUDA-2005-A-R-8832; -- NOW, THEREFORE, BE IT ORDAINED BY the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that; SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" and/or "CPUD" to "CPUD" Commercial Planned Unit Development known as the Creekside Commerce Park CPUD in accordance with the CPUD Document,attached hereto as Exhibit"A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code,is/are hereby amended accordingly. SECTION TWO: Ordinance Number 97-51, known as the Creekside Commerce Park PUD, adopted on October 21, 1997, and Ordinance Number and 06-41, adopted on September 12, 2006, by the Board of County Commissioners of Collier County,is hereby repealed in its entirety. Page I of,gZ Packet Page-310- 3/12/2013 8.A. SECTION THREE: This Ordinance shall become effective upon approval of PUDZ-2005-AR-8833 Naples Daily News BPPUD and filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County,Florida,this `/day of C C 1 c 1) 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA C [.U.f,C-C.CL BY: Atom,*2 L: ;.74:-.4tputy Clerk FRANK HALAS,CHAIRMAN Approved as to form and legal sufficiency �.yl�•Lt000:f —Li'�'t,t�t...y Marjorie M.Student-Stirling Assistant County Attorney P U DA-2005-A R-8 B 32/MJ D/sp This ordinance filed with the Secretory of Stat s Office thr 31 day of CDC abSr 2 � and acknowledgemen4 that fill received this doy of � 1( Detwty Cte.4 Page 2 of 2' Packet Page-311- 3/12/2013 8.A. CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT PREPARED FOR BARRON COLLIER PARTNERSHIP CREEKSIDE COMMERCE PARK Packet Page -312- 3/12/2013 8.A. A PLANNED UNIT DEVELOPMENT 106±Acres Located in Section 27 • Township 48 South,Range 25 East Collier County,Florida PREPARED FOR: BARRON COLLIER PARTNERSHIP 2640 Golden Gate Parkway Naples,FL 34105 PREPARED BY: WILSON,MILLER,BARTON&PEEK,INC. 3200 Bailey Lane, Suite 200 Naples,Florida 34105 YOUNG,VAN ASSENDERP&VARNADOE,P.A. 801 Laurel Oak Drive, Suite 300 Naples,Florida 34101 AMENDED DECEMBER 2005 BY: Q.GRADY MINOR AND ASSOCIATES,P.A. 3800 Via Del Rey Bonita Spring,Florida 34134 ROETZEL AND ANDRESS,L.P.A. 850 Park Shore Drive,3rd Floor Naples,Florida 34103 Amended PUD(clean).DOC Packet Page -313- 3/12/2013 8.A. TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,& 1-1 GENERAL DESCRIPTION SECTION II COMMERCE PARK DEVELOPMENT 2-1 2.1 Purpose 2.2 General Description Of The Park and Proposed Land Uses 2.3 Compliance With County Ordinances 2.4 Community Development District 2.5 Land Uses 2.6 Lake Siting 2.7 Fill Storage 2.8 Use Of Right-Of-Way 2.9 Sales Office and Construction Office 2.10 Changes and Amendments To PUD Document Or PUD Master Plan 2.11 Preliminary Subdivision Plat Phasing 2.12 Open Space and Native Vegetation Retention Requirements 2.13 Surface Water Management 2.14 Environmental 2.15 Utilities 2.16 Transportation 2.17 Common Area Maintenance 2.18 Design Guidelines and Standards 2.19 Landscape Buffers,Berms,Fences and Walls 2.20 Signage 2.21 General Permitted Uses SECTION III INDUSTRIAL/COMMERCE DISTRICT 3-1 SECTION IV BUSINESS DISTRICT 4-1 SECTION V PRESERVE AREA 5-1 EXHIBIT A AERIAL PHOTOGRAPH,LOCATION MAP (WMB&P File No. RZ-255A) EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN (WMB&P File No. RZ-255B) Amended PUD(clean).DOC I Packet Page -314- 3/12/2013 8.A. STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Barron Collier Partnership, hereinafter referred to as Barron Collier or the Developer, to create a Planned Unit Development (PUD) on 106± acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The development of Creekside Commerce Park will be in substantial compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District as identified on the Future Land Use Map which allows certain industrial and commercial uses. The Urban designation also allows support medical facilities, offices, clinics, treatment, research and rehabilitative centers and pharmacies provided they are located within 1/4 mile of the property boundary of an existing or approved hospital or medical center. 2. The existing Industrial zoning is considered consistent with the Future Land Use Element (FLUE)as provided for by Policy 5.9 and 5.11 of the FLUE. 3. The FLUE Urban-Industrial District allows for expansion of the industrial land use provided the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned industrial the land use is compatible with adjacent land uses and the necessary infrastructure is provided or in place. Creekside Commerce Park has expanded the industrial land use accordingly. 4. The FLUE Urban-Industrial District requires the uses along the boundaries of the project to be transitional. Creekside Commerce Park has included transitional uses accordingly. 5. Creekside Commerce Park is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 6. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 7. The development of Creekside Commerce Park will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. 8. Creekside Commerce Park is a master planned, deed-restricted commerce park and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code(LDC),Planned Unit Development District. 9. This master planned park will incorporate elements from the existing Industrial, Business Park and Industrial PUD sections of the LDC. Amended PUD(dean).DOC it Packet Page -315- 3/12/2013 8.A. SHORT TITLE This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED UNIT DEVELOPMENT ORDINANCE". Amended PUD(clean).DOC iii Packet Page-316- 3/12/2013 8.A. SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Creekside Commerce Park, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida being more particularly described as follows; COMMENCING at the northwest corner of said Section 27; thence along the north line of said Section 27 South 89°45'21"East 1869.61 feet; thence leaving said line South 00°14'39"West 125.00 feet to a point on the south right of way line of Immokalee Road(S.R.846)and the POINT OF BEGINNING of the parcel herein described; thence along said right of way line in the following Six(6)described courses; 1)South 89°45'21"East 485.99 feet; 2)South 00°14'39"West 10.00 feet; 3)South 89°45'21"East 150.19 feet; 4)South 89°48'33"East 716.81 feet; 5)North 05°34'33"West 10.05 feet; 6)South 89°48'33"East 486.21 feet to a point on the west right of way line of Goodlette Road as recorded in Plat Book 3,page 58,Public Records of Collier County,Florida; thence along said line South 05°33'48"East 1767.02 feet; thence leaving said line South 89°20'53"West 51.18 feet; thence North 23°55'53"West 13.07 feet; thence northwesterly,30.71 feet along the arc of a circular curve concave to the northeast,having a radius of 80.00 feet,through a central angle of 21°59'52"and being subtended by a chord which bears North 12°55'57"West 30.53 feet; thence North 05°00'53"West 31.56 feet; thence North 36°19'20"West 32.02 feet; thence North 56°04'35"West 35.11 feet; thence North 80°39'15"West 32.53 feet; thence North 88°39'12"West 97.78 feet; thence North 86°04'40"West 45.79 feet; thence North 89°49'48"West 132.77 feet; thence North 69°40'10"West 37.23 feet; thence South 89°20'53"West 142.47 feet; thence South 84°59'26"West 24.66 feet; thence South 74°56'50"West 121.32 feet; thence South 79°49'59"West 45.93 feet; thence westerly and northwesterly,45.51 feet along the arc of a circular curve concave to the northeast, having a radius of 66.00 feet,through a central angle of 39°30'16"and being subtended by a chord which bears North 80°24'53"West 44.61 feet to a point of compound curvature; thence northwesterly,52.92 feet along the arc of a circular curve concave to the southwest,having a radius of 150.00 feet,through a central angle of 20°12'57"and being subtended by a chord which bears North 70°46'13"West 52.65 feet; thence North 80°52'42"West 36.59 feet; Amended PUD(clean).DOC 1-1 8/22/2006 Packet Page-317- 3/12/2013 8.A. thence westerly and southwesterly,46.18 feet along the arc of a circular curve concave to the southeast, having a radius of 80.00 feet,through a central angle of 33°04'14"and being subtended by a chord which bears South 82°35'11"West 45.54 feet to a point of compound curvature; thence southwesterly and westerly,38.16 feet along the arc of a circular curve concave to the northwest, having a radius of 60.00 feet,through a central angle of 36°26'19"and being subtended by a chord which bears South 84°16'14"West 37.52 feet to a point of compound curvature; thence westerly and northwesterly,68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet,through a central angle of 12°55'59"and being subtended by a chord which bears North 83°58'36"West 68.70 feet; thence South 89°33'25"West 18.36 feet; thence South 89°39'19"West 71.63 feet; thence North 89°34'56"West 36.03 feet; thence South 86°06'41"West 42.94 feet; thence South 83°44'16"West 26.23 feet; thence South 51°01'13"West 27.49 feet; thence South 33°25'50"West 19.95 feet; thence South 15°40'05"West 20.54 feet; thence South 10°54'39"West 34.64 feet; thence South 89°20'14"West 101.06 feet; thence North 10°46'06"East 101.42 feet; thence North 89°20'53"East 65.45 feet; thence North 00°39'07"West 100.64 feet; thence South 89°20'53"West 503.78 feet; thence North 00°39'07"West 27.71 feet; thence North 72°58'55"West 131.30 feet; thence North 02°08'56"West 1473.29 feet to a point on the south right of way line of said Immokalee Road(S.R. 846)and the POINT OF BEGINNING of the parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°49'40"East. All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida being more particularly described as follows; Commencing at the northeast corner of said Section 27; thence along the east line of said Section 27,South 01°09'43"East 125.00 feet to a point on the south right of way line of Immokalee Road(S.R. 846)and the POINT OF BEGINNING of the parcel herein described; thence continue along said east line South O1°09'43"East 1189.62 feet; thence leaving said line South 89°48'50"West 677.35 feet; thence South 05°35'39"East 886.02 feet; thence South 89°48'50"West 400.00 feet to a point on the easterly right of way line of Goodlette Frank Road as Recorded in Plat Book 13,page 58,Public records of Collier County,Florida; thence along said line North 05°35'39"West 2088.10 feet to a point of the south right of way line of said Immokalee Road(S.R. 846); thence along said line South 89°49'40"East 1168.55 feet; thence continue along said line South 89°12'58"East 1.85 feet to the POINT OF BEGINNING of the parcel herein described; Containing 38.9 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°46'26" East. Amended PUD(clean).DOC 1-2 8/22/2006 Packet Page -318- 3/12/2013 8.A. LESS A PORTION OF TRACTS"R"AND"Ll"CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT"R"(CREEKSIDE WAY) CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE RUN SOUTH 89°45'00" EAST, ALONG THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00°25'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60°0T56" EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82°32'14" EAST FOR A DISTANCE OF 119.17 FEET TO A POINT ON THE EAST LINE OF TRACT "L1" OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE; THENCE RUN SOUTH 00°07'39" EAST, ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 89°58'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 02°19'57" WEST, ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32 ACRES, MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Barron Collier Partnership, or its assigns,whose address is 2640 Golden Gate Parkway,Naples,FL 34105. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by Agriculturally zoned and developed property; on the north, across Immokalee Road by office and medical (North Collier Hospital) PUD zoned and developed property; on the east by Medical Office Park currently under development, County Park and County Wastewater Treatment Facility; and on the south by PUD and County Wastewater Treatment Facility. The location of the site is shown on Exhibit A Aerial Photograph,Location Map. B. The zoning classification of the subject property at the time of PUD application is I (Industrial)and A(Agricultural). C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park property is located within Zones "AE-11" of the FEMA flood insurance rate. Topographic mapping is shown on Exhibit G. Amended PUD(clean).DOC 1-3 8/22/2006 Packet Page-319- 3/12/2013 8.A. D. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand, Basinger fine sand,Riveria fine sand,Ft. Drum and Malabar fine sand,and Satellite fine sand. Soil Conservation Service mapping of soil types is shown on Exhibit D. E. Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods. An isolated wetland system is located along the south side of Immokalee Road west of Goodlette-Frank Road. This wetland consists primarily of Brazilian pepper that surrounds a small willow area. The wetland on the east side of Goodlette-Frank Road consists primarily of cabbage palms. A portion of the historic water course within this wetland has been channelized. Brazilian pepper has infested the northern part of this wetland. A detailed vegetation mapping is shown on Exhibit C. F. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub-basins, as depicted within the Collier County Drainage Atlas (July, 1995). The Conceptual Stormwater Management Master Plan is shown on Exhibit H. 1.5 DEVELOPMENT OF REGIONAL IMPACT Creekside Commerce Park does not meet the minimum thresholds for a Development of Regional Impact (DRI), pursuant to Chapter 380.06, Florida Statutes, 1997, in that it is at or below 80%of all numerical thresholds in the guidelines and standards set forth therein. Amended PUD(clean).DOC 1-4 8/22/2006 Packet Page-320- 3/12/2013 8.A. SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Creekside Commerce Park (park), and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES A. Creekside Commerce Park will consist of predominately industrial, warehouse, wholesale, financial institutions, business and office uses, with limited amounts of retail uses. Creekside Commerce Park shall establish project-wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. B. The Master Plan is illustrated graphically on Exhibit B (WMB&P, Inc. File No. RZ- 225B). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code(LDC). 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Creekside Commerce Park shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply to which said regulations relate. B. Unless otherwise defined herein, or as necessarily implied by context,the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance,Division 3.15 of the LDC. D. All conditions imposed herein or as represented on the Creekside Commerce Park Master Plan are part of the regulations which govern the manner in which the land may be developed. Amended PUD(clean).DOC 2-1 8./22/2006 Packet Page-321- 3/12/2013 8.A. E. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Creekside Commerce Park, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. F. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. The Developer may elect to establish a Community Development District (CDD) pursuant to Chapter 190, Florida Statutes, 1997, to provide and maintain infrastructure and community facilities needed to serve the park. A CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Creekside Commerce Park. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041,Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval,preliminary site development plan approval and final site development plan approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of final subdivision plat approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County Code regulating subdivisions, unless otherwise approved during subdivision approval. The Developer reserves the right Amended PUD(clean).DOC 2-2 8/22/2006 Packet Page-322- 3/12/2013 8.A. to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. 2.6 LAKE SITING A. As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal of this Master Plan is to achieve and overall aesthetic character for the park, to permit optimum use of the land, and to increase the efficiency of the water management network. Fill material from lakes is planned to be utilized within the park; however, excess fill material may be utilized off-site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off-site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. 1. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval: a) Twenty feet (20') from right-of-way of internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections,and need for barriers. b) Forty feet (40') from Immokalee Road or Goodlette-Frank Road rights-of-way. Perimeter property lines will have a setback of twenty feet (20'). The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections and need for barriers. 2.7 FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Creekside Commerce Park PUD. Fill material generated from properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the Developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6. of the LDC. The following standards shall apply: 1. Stockpile maximum height: Thirty-five feet(35') 2. Fill storage areas in excess of five feet (5') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e.3 to 1). Amended PUD(clean).DOC 2-3 8/22/2006 Packet Page -323- 3/12/2013 8.A. a) Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.8 USE OF RIGHTS-OF-WAY Utilization of lands within all park rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Community Development and Environmental Services Administrator for engineering and safety considerations during the development review process. 2.9 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices,and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout Creekside Commerce Park. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4., Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use permit shall be valid through the life of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6 and may use potable water or irrigation wells. 2.10 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN A. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. B. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Creekside Commerce Park Master Plan upon written request of the Developer or his assignee. C. The following limitations shall apply to such requests: 1) The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Creekside Commerce Park PUD document. 2) The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3) The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses,water management facilities,and conservation areas within or external to the PUD. D. The following shall be deemed minor changes or refinements: Amended PUD(clean).DOC 2-4 8/21'2006 Packet Page-324- 3/12/2013 8.A. 1) Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2) Internal realignment of rights-of-ways. 3) Reconfiguration of parcels per Section 5.5 of this PUD. E. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. F. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval,however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the park may be accomplished in phases to correspond with the planned development of the property. 2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will fully comply with all sections of the LDC and meet the requirements of the Growth Management Plan relating to open space and retention of native vegetation. Amended PUD(clean).DOC 2-5 8/22/2006 Packet Page -325- 3/12/2013 8.A. 2.13 SURFACE WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 4-E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. The lake originally approved as Lake L- 1, Creekside Unit I Plat, shall continue to be operated and maintained in accordance with the approved plat and approved South Florida Water Management District Permit. 2.14 ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permitting (ERP) Rules, and shall further be subject to review and approval by Collier County Planning Services Department Environmental Review Staff. 2.15 UTILITIES 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 approvals are requested. 2.16 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective/associated entrance. B. There shall be a full access intersection at the park's southern entrance on Goodlette Frank Road. When justified by traffic warrants, this intersection shall be signalized,notwithstanding its proximity to Immokalee Road. C. Future access points to Immokalee and Goodlette-Frank Roads are those shown on the Creekside Commerce Park Master Plan. D. Arterial level street lighting shall be provided by the Developer at the park's main entrance in conjunction with the development of this entrance. E. Road impact fees shall be paid in accordance with the provisions of Ordinance 92-22, as amended. F. The Developer shall provide the appropriate easements or reserve right of way so that the southerly access road west of Goodlette Frank Road may be interconnected to the properties to the west of Creekside Commerce Park. Amended PUD(clean).DOC 2-6 8/22/2006 Packet Page-326- 3/12/2013 8.A. G. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. H. The Developer agrees to complete construction of the segment of internal roadway that connects Goodlette-Frank Road to the I/C parcel (herein called "southern parcel") that is west of Goodlette Road and abuts Pelican Marsh prior to the first of the following to occur: 1) The issuance of a certificate of occupancy for the"southern parcel"; 2) The issuance of a certificate of occupancy on the second business parcel to be developed west of the Pine Ridge Drainage Easement; 3) Within 3 years of approval of this PUD; or 4) Within 9 months of obtaining "grant" money or other funds for construction of such infrastructure from an outside source. I. The I/C parcels west of the Pine Ridge Drainage Easement and immediately north of the south road shall connect for service and employee access at the time that the south road is extended to a point that they may connect. J. The Developer agrees to provide the County with an update of the Transportation Impact Statement(TIS) at the time of submittal of a Preliminary Subdivision Plat or Site Development Plan. K. The Goodlette-Frank Road southernmost access to the I/C parcel east of Goodlette-Frank Road shall be limited to a right-in/right-out access. 2.17 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the CDD or by a Property Owner's Association (POA). The CDD or the POA, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Creekside Commerce Park, in accordance with any applicable permits from the South Florida Water Management District. 2.18 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. Amended PUD(clean).DOC 2-7 8/22/2006 Packet Page-327- 3/12/2013 8.A. B. Creekside Commerce Park is planned as a functionally interrelated business park under unified control. The Developer will establish community-wide guidelines and standards to ensure a high level of quality for both the common areas and the individual parcel developments. C. These guidelines will serve as a control for individual parcel development, and be referred to as The Declaration of Covenants, Conditions and Restrictions for Creekside Commerce Park. The level of quality defined in this document is directed towards the creation of an attractive business environment, and these standards are the basis for evaluation of projects submitted for review to the Property Association's Architectural and Landscaping Committee, referred to as the ALC. The standards in this document will include criteria for site planning, architectural design, lighting, landscaping, and graphics and signage. D. The specific design guidelines will act as supplemental standards to the requirements of this Planned Unit Development Ordinance, and other County codes, but in no way supersede them. 1. Common Areas The master design of the park's entries and signage, streetscapes, and open space areas will form a harmonious framework that visually links the entire park together. This unified appearance will enhance the image of the entire community. Internal roadways will provide efficient vehicular circulation with streetscapes that create pleasant neighborhood environments. Streetscape plans will be designed to establish a hierarchy of landscape improvements appropriate in scale and character with the function of the street and adjacent land uses. Along these streetscapes a pedestrian walkway system will be established to link each project with the overall community. 2. Individual Projects A. Site Planning: Each individual parcel project will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the street to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and be sensitive to adjacent land uses and the surrounding community. B. Architectural standards: The objective of the architectural standards will be to promote the creation of an attractive, value-apparent business environment. Design elements throughout a project must be consistent with the nature of the chosen style and building materials selected. Project design should endeavor to adhere to the Amended PUD(clean).DOC 2-8 8/22/2006 Packet Page-328- 3/12/2013 8.A. classical principles of design and avoid clichés, overly complex or garish motifs,while seeking to invoke a"timeless"quality. C. Lighting: The guidelines for lighting will establish a continuity of design for all lighting in the park which is consistent with the overall visual impression of the park. D. Landscaping: The purpose of landscape design guidelines within individual projects is to guide development toward harmonious and visually pleasing landscape that is cohesive with the overall master landscape plan. The Creekside landscape concept will have a naturalistic theme. Similar to the overall project's plant palette, individual sites will be dominated with plants that are native, xeric, or naturalized within Southwest Florida. Landscape designs will create a coherent theme which emphasizes plant material as a primary unifying element. 1. Landscape elements along public R.O.W.s will be complimentary to streetscape landscaping. Parcel entries will be designed to harmonize with adjacent streetscape landscaping, and clearly accentuate, the parcel entry. 2. Individual parking lots will be screened from the roadways as much as possible, without obscuring views of the building entrances. In addition, plant materials used around main entrances of buildings will visually cue visitors to—their location. E. Graphics/signage: The guidelines serve to provide continuity of design for all signage in the park which is consistent with the overall visual impression of the park. Parcel signage serves the identification needs of the individual tenants and user. 2.19 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Creekside Commerce Park. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the park. The following standards shall apply: A. Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the time of subdivision improvement per construction phase and will have the following characteristics: 1) Minimum width of 20'-0", measured from the R.O.W. Amended PUD(clean).DOC 2-9 8/22/2006 Packet Page -329- 3/12/2013 8.A. 2) Adjacent to Business District type uses within the Business District, trees will be native, xeric, or naturalized canopy trees, spaced at 25' on center (O.C.), planted at an initial height of 13'-14' overall (O.A.) with a 6' spread. In addition, a continuous 24" high shrub hedge shall be provided within the 20' buffer. B. Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed at the time of subdivision improvement per development phase and will have the following characteristics: 1) Minimum width of 20'-0",measured from the R.O.W. 2) Adjacent to Business District type uses within the Business and Industrial/Commerce (I/C) Districts, trees will be native, xeric, or naturalized canopy trees, spaced at 25' O.C.,planted at an initial height of 12' O.A., with a 6' spread. At the time of individual lot improvements,hedges will be placed at parking lot edges to satisfy the requirements of LDC Section 2.4.7.4. 3) Adjacent to industrial type uses within the Industrial/Commerce District, trees will be native, xeric or naturalized canopy trees, spaced at 25' O.C.,planted at an initial height of 12' O.A, with a 6' spread. Trees will be placed on a berm, 3 feet high and supplemented with a 5 foot high hedge consisting of but not limited to the following plant material: coco plum, viburnam, ficus. The intent will be to obtain 80% opacity within one year of planting for travelers on Goodlette-Frank Road. C. Landscape buffers surrounding the perimeter of the park will be installed at the time of subdivision improvement per construction phase. The buffers are referenced on Exhibit B, and proceed in a clockwise direction from the northeast corner of the project as follows: 1) The landscape buffer along the eastern most property boundary, north of the preserve area, as depicted on Exhibit B, shall consist of an Alternative "A" type buffer. Any preservation areas within this buffer may be credited toward buffering requirements. 2) The preserve area along the balance of the eastern most property boundary will serve as the buffer between uses. 3) The Developer will provide a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center between the business use and the preserve/lake area, as depicted on Exhibit B. Amended PUD(clean).DOC 2-10 8122/2006 Packet Page-330- 3/12/2013 8.A. 4) The Developer will provide a five feet (5') wide Alternative "A" type landscape buffer with trees planted fifty feet (50') on center along the eastern property boundary contiguous to the Collier County Sewage Treatment Plant. 5) The landscape buffer along the southern most property boundary, east of Goodlette-Frank Road, shall be a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center. An opaque hedge six feet (6') high will be planted to supplement the existing oak tree buffer planted by the County at the Collier County Sewage Treatment Plant. 6) The existing landscape berm/buffer from Goodlette Frank Road to the west side of the Pine Ridge Drainage Easement will be supplemented as follows: a type "A" buffer along the proposed lake; and the remaining area westward of the lake will be supplemented to consist of 50 sabal palms, 8'-14' O.A. and 4 Ficus nitida 12'-13' O.A. and 6'-8' wide; locations to be coordinated with the adjacent property owner. 7) The Developer will provide a ninety percent (90%) opaque landscape buffer and berm between the I/C District and the Pelican Marsh PUD from the west side of the Pine Ridge Drainage Easement to the existing berm to the west, that approximates the existing Pelican Marsh berm/buffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. The buffer shall meet ninety percent (90%) opacity oft within one (1)year of planting. 8) The Developer will supplement with additional trees the buffer along the remaining portion of the southern property line westward to achieve a ninety percent (90%) opaque buffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. 9) The landscape buffer between the I/C District and the adjacent Agricultural District along the southern portion of the western property line will be an Alternative"A"type buffer. 10)The landscape buffer between the R.O.W. and the adjacent Agricultural District to the west will be an Alternative "A" type buffer and be incorporated into the R.O.W. D. Maximum fence or wall height internal to the PUD: Twelve feet(12'). E. Landscape buffers, berms, fences and walls will be constructed along the perimeter of the Creekside Commerce Park PUD boundary concurrent with subdivision and site development construction phase, except where noted in this document. Amended PUD(clean).DOC 2-11 8/22/2006 Packet Page-331- 3/12/2013 8.A. F. Sidewalks, water management systems, drainage structures, and utilities may be allowed in landscape buffers pursuant to review and approval of the Development Services Administrator. G. Landscape berms located within the Creekside Commerce Park PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or encroaches into the right-of- way line when approved by the applicable owner or agency. 2.20 SIGNAGE A. GENERAL 1) Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide for the required comprehensive sign plan for the Creekside Commerce Park 2) Each platted parcel shall be considered a separate parcel of land. 3) Signs and decorative landscaped entrance features within a County dedicated right-of-way, shall require a right-of way permit subject to the review and approval of the County. 4) All signs shall be located so as not to cause sight line obstructions. B. PARK ENTRY SIGNS 1) Major park entry signs shall be located as depicted on Exhibit B. Each sign will not exceed 160 square feet in size on any side and signs will be no longer than 25 feet in length and 8 feet in height. 2) Minor park entry signs shall be located as depicted Exhibit B. Each minor monument sign will not exceed 100 square feet in size on any side. Minor monument signs will be no larger than 20 feet in length and 6 feet in height. C. INTERNAL SIGNS 1) Directional or identification signs are allowed within the business park. Such signs may be used to identify the location or direction of approved uses such as sales centers, information centers, etc. Individual signs may be a maximum of 4 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 25 square feet per side, and a maximum height of 8 feet. No building permit is required unless such signs are combined to form a menu board. 2) Grand Opening signs: The Developer or parcel owner may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding Amended PUD(clean).DOC 2-12 8/22/2006 Packet Page-332- 3/12/2013 8.A. 64 square feet total. Banner signs shall be anchored and may be displayed on- site for a period not exceeding 14 days within the first three months that the Developer/occupant is open for business. D. USER SIGNS 1) Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning sign may be permitted for each single-occupancy facility, or for each establishment in a multiple-occupancy facility. Corner units within multiple- occupancy facilities, or multi-frontage single-occupancy facilities shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this ordinance. a. The maximum allowable display area for signs may not be more than 15 percent of the total square footage of the visual facade of the building to which the sign will be attached and may not, in any case, exceed 200 square feet in area for any sign. 2) Monument and Pole signs: One (1) monument or pole sign is permitted for each lot or parcel for each external and internal road frontage(s). a. Maximum allowable sign area: 60 square feet per side, if two-sided b. Maximum allowable height: 15 feet for pole signs, 8 feet for monument signs. c. Internal road frontage setbacks: A minimum of fifteen feet (15') from the edge of pavement. Signs may encroach within the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. d. External road frontage setbacks: Pole signs shall be setback from any external right-of-way in accordance with the applicable section of the LDC. Monument signs may be permitted closer to the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. e. Spot or floodlights may be permitted provided said light shines only on the signs or landscaping and is shielded from motorists and adjacent residents. Amended PUD(clean).DOC 2-13 8/22/2006 Packet Page-333- 3/12/2013 8.A. f. Should the U.S. Postal Service purchase or lease land within Creekside Commerce Park, in addition to the user signs as permitted herein, they will be allowed one sign between Immokalee Road and the proposed lake adjacent to the west entry. E. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be designed to reflect a common architectural theme, in accordance with Section 3.2.8.3.19. of the LDC. 2.21 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Creekside Commerce Park PUD except in the Preserve Area. General permitted uses are those uses which generally serve the Developer and tenants of Creekside Commerce Park and are typically part of the common infrastructure. B. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses,and access control structures. 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 8. Fill storage subject to the standards set forth in Section 2.7 of this PUD. Site filling and grading as set forth in Section 2.7 of this PUD. 9. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. Amended PUD(clean).DOC 2-14 8/22/2006 Packet Page -334- 3/12/2013 8.A. 10. Sidewalks may occur within County required buffers if approved by the Community Development and Environmental Services Administrator. 11. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. 12. Creekside Commerce Park shall be permitted to develop with a maximum of 40 percent commercial uses. Commercial uses are defined as offices, health services, medical clinics, financial institutions, fitness centers, childcare centers, restaurants and retail sales in accordance with Section 3.3. C.2. hereof. Amended PUD(clean).DOC 2-15 8/22,2006 Packet Page-335- 3/12/2013 8.A. SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "1/C". 3.2 GENERAL DESCRIPTION Areas designated as "1/C" on the PUD Master Plan are intended to provide a maximum of 620,000 square feet of gross floor area of industrial/commerce uses on 41.6±net acres. The floor area ratio(FAR)for the designated industrial land uses shall not exceed.35. 3.3 PERMITTED USES AND STRUCTURES 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. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. 1. Aircraft Parts and Auxiliary Equipment(Group 3728) 2. Apparel and Other Finished Products(Groups 2311-2399) 3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 4. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas;metal slitting and shearing on a contract or fee basis produce weighing service, not connected with Amended PUD(clean).DOC 3-1 8,22/2006 Packet Page-336- 3/12/2013 8.A. transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services(Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service) 7. Computer and Office Equipment(Groups 3571-3579) 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofmg buildings contractors; gasoline pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non-Depository Institutions(Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic; morphine and derivatives; opium derivatives) 11. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers, reactor; atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories;veterinary testing laboratories) Amended PUD(clean).DOC 3-2 8/22/2006 Packet Page-337- 3/12/2013 8.A. 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452, 3469, 3492,3495,3496,production of metal is prohibited) 15. Furniture and Fixtures Manufacturing(Groups 2511-2599) 16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311,9451,9511-9532, 9611, 9631-9661) 17. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers'; ammunition and explosives loading machinery; brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines;metal pickling equipment, except rolling mill lines) 18. Leather and Leather Products(Groups 3131-3199) 19. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods: Watches and Clocks Manufacturing(Groups 3812-3843, 3845-3873) 20. Membership Organizations(Groups 8611-8631) 21. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs: bleaching,blending,curring, scraping, and tanning; feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring, tanning, bleaching and dyeing; plumes, feather; tear gas devices and equipment; veils made of hair) 22. Motion Picture Production(Groups 7812-7819) 23. Motor Freight Transportation(Groups 4214,4215) 24. Packing and Crating(Group 4783) 25. Paper and Allied Products(Groups 2652-2657,2673-2679) 26. Personal Services(Groups 7213,7216, 7219, 7221) 27. Physical Fitness Facilities (Group 7991) 28. Plastic Materials and Synthetics(Groups 2833,2834) 29. Printing,Publishing and Allied Industries(Groups 2711-2791) Amended PUD(clean).DOC 3-3 8/22/2006 Packet Page -338- 3/12/2013 8.A. 30. Professional Offices: including but not limited to, Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311- 6399);Real Estate(Groups 6512, 6514,6517, 6519, 6531,6541, 6552,) 31. Rubber and Miscellaneous Plastic Products (Groups 3021, 3085, 3086, 3088, 3089) 32. Transportation Equipment(Group 3732, except for boats,fiberglass: building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard:building and repairing) 33. United States Postal Service(Group 4311) 34. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage, petroleum and chemical bulk stations and automobile dead storage) only one (1) self-storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 35. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale; lumber: rough, dressed,and finished-wholesale;batteries, except automotive- wholesale; storage batteries, industrial-wholesale;unit substations-wholesale; boilers, power: industrial-wholesale; boilers, steam and hot water heating- " wholesale; burners, fuel oil and distillate oil-wholesale; oil burners- wholesale) 36. Wholesale Trade-Nondurable Goods (Groups 5111-5143, 5145, 5147-5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale; fish, tropical-wholesale; furs, dressed-wholesale; greases, animal and vegetable-wholesale; ice, manufactured or natural-wholesale, leather and cut stock-wholesale; linseed oil-wholesale; oils, except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude- wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs- wholesale; worms-wholesale) 37. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within a 1/4 mile radius of the hospital property boundary. Amended PUD(clean).DOC 3-4 8/22/2006 Packet Page-339- 3/12/2013 8.A. 1. Health Services,medical clinics and offices(Groups 8011-8049) 2. Medical Laboratories and research and Rehabilitative Centers (Groups 8071- 8092, 8099) 3. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent(40%) of the gross floor area of the permitted principal use. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty feet(50') 2. Front Yard,Internal: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet(5')to internal property line along Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise twenty feet(20') 5. Rear Yard: Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet (50') D. Maximum Height: Thirty Five Feet (35'), including silos, storage tanks, elevator towers,satellite dishes,antennas,etc. Amended PUD(clean).DOC 3-5 8/22/2006 Packet Page -340- 3/12/2013 8.A. E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. F. All industrial building sides visible from roadways internal or external to the park shall have the appearance of a concrete material, such as, but not limited to, block, brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides visible from said roadways are prohibited; as well as exposed metal siding on any building west of Goodlette Frank Road. G. Business District type uses located within the I/C District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof, alternatively, said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: 1. Section 2.8.3.5.1.,Purpose and Intent 2. Section 2.8.3.5.4.,Facade Standard 3. Section 2.8.3.5.6.,Project Standards 4. Section 2.8.3.5.7.,Detail Features except for 2.8.3.5.7.2. 5. Section 2.8.3.5.12. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north, east or west. J. Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel Amended PUD(clean).DOC 3-6 8/22/2006 Packet Page -341- 3/12/2013 8.A. boundaries. Best practical treatment, maintenance,and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property. Light fixtures within parking areas shall not exceed 25 feet in height. M. Emissions: All sources of air emissions shall comply with rules set forth by the Environmental Protection Agency(Code of Federal Regulations, Title 40) and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental Regulation. Amended PUD(clean).DOC 3-7 8/22/2006 Packet Page -342- 3/12/2013 8.A. SECTION IV BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "B". 4.2 GENERAL DESCRIPTION Areas designated as `B" on the PUD Master Plan are intended to provide a maximum of 190,000 square feet of floor area, including approximately 150,000 square feet of office uses and 40,000 square feet of retail uses on 19.1±net acres. The floor area ratio (FAR) for the designated business land uses shall not exceed .35. 4.3 PERMITTED USES AND STRUCTURES 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. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 2. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 3. Child Day Care Services(Group 8351) Amended PUD(clean).DOC 4-1 8/22/2006 Packet Page-343- 3/12/2013 8.A. 4. Convenience Store (Group 5411) and Gasoline Filling Station (Group 5541) only one (1) allowed. 5. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service. 6. Depository and Non-Depository Institutions (Groups 6011-6163) including automatic teller machines 7. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives; opium derivatives) 8. Eating Places(Group 5812)not including fast food and drive-thru restaurants 9. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 10. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories;veterinary testing laboratories) 11. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311,9451, 9511-9532,9611, 9631-9661) 12. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-6399); Real Estate (Groups 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices(Groups 6712-6799);Attorneys(Group 8111) 13. Physical Fitness Facilities(Group 7991) 14. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within 1/4 mile radius of the hospital property boundary. Amended PUD(clean).DOC 4-2 8/22/2006 Packet Page-344- 3/12/2013 8.A. 1. Drug Stores and Proprietary Stores (Group 5912) Only one (1) drug store allowed. 2. Health Services,Medical Clinics and Offices(Groups 8011-8049) 3. Medical Laboratories and research and Rehabilitative Centers (Groups 8071- 8099) 4. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent(40%) of the gross floor area of the permitted principal use. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard,Immokalee and Goodlette-Frank Roads: Fifty feet(50') 2. Front Yard, Internal Roads: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet (5') to internal property line along the Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at'top of bank, otherwise twenty feet(20') 5. Rear Yard: Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Amended PUD(clean).DOC 4-3 8/22/2006 Packet Page -345- 3/12/2013 8.A. a) Fifty feet(50')for buildings up to thirty five feet(35')in height. b) Three additional feet (3') for every one foot of building height over thirty five feet(35')adjoining residential districts. D. Maximum Height: Three stories over parking to a maximum of fifty feet (50') for buildings within 1/4 mile of the hospital property boundary except that no structure shall be greater than thirty-five feet (35'), on property west of the Pine Ridge Drainage Easement. E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects. F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. Amended PUD(clean).DOC 4-4 8/22/2006 Packet Page-346- 3/12/2013 8.A. SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Creekside Commerce Park,designated on the Master Plan,as Preserve Area. 5.2 GENERAL DESCRIPTION Areas designated as Preserve Area on the Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used,in whole or in part,for other than the following: A. Permitted Principal Uses and Structures Aoloh 1. Boardwalks and nature trails(excluding asphalt paved trails). 2. Water management facilities. 3. Any other preserve and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Preserve Area. 5.4 PRESERVE DISTRICT PRESERVATION EASEMENT A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for preservation lands included in the Preserve Area. The Developer, its successor or assign shall be responsible for the control and maintenance of lands within the Preserve Area. Exact location/boundary of the Preserve Area will be determined during the development permitting process with the South Florida Water Management District, Army Corps of Engineers,and Collier County. Amended PUD(clean).DOC 5-1 8/22/2006 Packet Page-347- 3/12/2013 8.A. 5.5 PRESERVE AREA ADJUSTMENTS The proposed native vegetation retention areas, depicted on the Creekside Commerce Park Master Plan, are intended for meeting the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the preservations areas at the time of preliminary plat or site development plan approval. If adjustments are needed, per the Collier County LDC the Developer will have the option to increase the preservation in another area, enhance and preserve another area, or provide increased native landscape per the Collier County LDC. The proposed preservation areas, including 2.9 acres of wetlands and 4.1 acres of uplands, depicted on the Creekside Commerce Park master plan, are areas where the native vegetation requirements may be met as set forth in the Collier County LDC. Amended PUD(clean).DOC 5-2 8122/2006 Packet Page-348- F:\PR 3/12/2013 8.A. 1 si Ali' / ,.. y r f - r: "I I dti‘ P if 1," ._. ___. 1 4.. ...._2=._ __...,.., ......... 0 , 1 7-----,0 1-4.t) o :ik : I 11 • > 0..... i0 , , „. ,„., _li 11 a a Net f ai ill a a la is 0 NEM<Ell o s U---------ii o _ _ 1 r I fl --- — *��.—:� t�f 1���-0 i. ____ __ f= f; #fit: _ _------- ..... a a . 1 C:=3 t:::3 C:::(::::3 C=1 C:3 -------—— 11 I it 1 i :: : �, a 1)1 [ II I 0%4 . v PI IN II Q xi a r. lin P r.,.. 1 di I I. Al!.:r1.1 j > ;.5 `� i I! a24 0 _ Z. ,. .. } i , m s ` ..... • O c { I t a t QPam O0O© ❑t v ff . n da .. .TIC _ "��ifillig ;I f;auggrwrifill 11 bn ;;FFfi l! JllI ' :1 r ; tw>n __ I j '.1 fri ilSigh I;lie I . 1-1- . . . . %if) "4 :4 it .. 3* II .t t:; : h P hi ii 1 S al,,-4 r ' 1 as I 1111111111111111 SEW / 1� _L_Z=7 ti Packet Page-349- -- — 3/12/2013 8.A. 850 PARK SHORE DRIVE TRIANON CENTRE.THIRD FLOOR ROE I 11C I_ @ANDRESS NAPLES, r -' 239.649.6200 MAIN A LEGAL PROFESSIONAL ASSOCIATION 239.261.3659FAx banderson@ralaw.com September 15,2006 VIA HAND DELIVERY AND E-MAIL , ,., . . Mr.James V.Mudd, County Manager Collier County Government • 3301 East Tamiami Trail Naples,FL 34112 Re: Request to Reconsider—Naples Daily News PUD (PUDZ-2005-AR-8833)and Creekside Commerce Park PUD Amendment(PUDA-2005-AR-8832) Dear County Manager Mudd: As the Petitioner's agent on both of the above-referenced items which were acted upon at the September 12, 2006 County Commission Meeting, I am filing this Request for Reconsideration of both items pursuant to Section 2-41 and Section 2-42 of the Collier County Code of Ordinances. Section 2-41 is applicable to the reconsideration of the approval of the Creekside PUD Amendment, and Section 2-42 is applicable to the request to reconsider the denial of the Naples Daily News PUD. The grounds for this reconsideration request are that there was a misunderstanding as to compliance of the Naples Daily News PUT) with the Land Development Code and the Growth Management Plan; and the Amendment to the Creekside PUD was to rezone 2.3 acres of that PUD to become part of the denied Naples Daily News PUD. Both of these are companion items and should be considered together. It is my understanding from Joe Schmitt that if the reconsideration is approved at the September 26 County Commission meeting, that the earliest date both Petitions could be advertised and scheduled for hearings by the Commission is October 24. I would respectfully request that the County schedule and advertise the re-hearings on the merits for the October 24, 2006 County Commission meeting. Thank you very much for your attention to this matter. Should you have any questions,please do not hesitate to contact me. Sincerely, R.Bruce Anderson For the Firm RBA: CLEVELAND TOLEDO AKRON COLUMBUS C JNCI NNA'n WASHINGTON,D.C. TALLAHASSEE HASgE FORT MYERS NAPLES 508302.111878.0005 www.ralaw.corn Packet Page -350- 3/12/2013 8.A. Mr.James Mudd,et. at. September 15,2006 Page 2 cc: ALL VIA E-MAIL Commissioner Tom Henning Commissioner Fred Coyle Commissioner James Coletta Commissioner Donna Fiala Commissioner Frank Halas Mr.Paul Marinelli Mr.John Fish Mr. Wayne Arnold Mr.Joseph Schmitt Mr.Mike DeRuntz David C.Weigel,Esq. Marjorie Student-Stirling,Esq. 505302.11187g.0005 Packet Page -351- 3/12/2013 8.A. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2006-50 Which was adopted by the Board of County Commissioners on the 24th day of October, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of October, 2006 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners . -(..e( 'kb. CI- e Sie NiL),JAL -(),.. -' -'.1 ' n By: Teresa Dillard, Deputy Clerk Packet Page-352- 3/12/2013 8.A. ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2006-50, THE CREEKSIDE COMMERCE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), AS AMENDED, BY AMENDING SECTION HI, INDUSTRIAL/ COMMERCE DISTRICT, TO INCLUDE HOTEL, MOTEL, SENIOR HOUSING INCLUDING INDEPENDENT LIVING,ASSISTED LIVING, SKILLED NURSING, CONTINUING CARE RETIREMENT COMMUNITY AND INTERMEDIATE CARE FACILITIES AS ADDITIONAL USES, ESTABLISHING A FLOOR AREA RATIO OF .6 FOR THE ADDITIONAL USES, AND REVISING THE DEVELOPMENT STANDARDS TO INCREASE THE MAXIMUM HEIGHT FOR PARCELS EAST OF GOODLETTE-FRANK ROAD TO 75 FEET ZONED HEIGHT AND 85 FEET ACTUAL HEIGHT; BY AMENDING SECTION IV, BUSINESS DISTRICT, TO INCLUDE HOTEL, MOTEL, SENIOR HOUSING INCLUDING INDEPENDENT LIVING, ASSISTED LIVING, SKILLED NURSING, CONTINUING CARE RETIREMENT COMMUNITY AND INTERMEDIATE CARE FACILITIES AS ADDITIONAL USES, ESTABLISHING A FLOOR AREA RATIO OF .6 FOR THE ADDITIONAL USES, AND REVISING THE DEVELOPMENT STANDARDS TO INCREASE THE MAXIMUM HEIGHT FOR PARCELS EAST OF GOODLETTE-FRANK ROAD TO 75 FEET ZONED HEIGHT AND 85 FEET ACTUAL HEIGHT FOR THE CPUD PROPERTY LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 105 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 24, 2006, the Board of County Commissioners approved Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development(the"PUD");and WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich&Koester, P.A., and D. Wayne Arnold of Q. Grady Minor & Associates representing Creekside West, Inc. and Creekside East, Inc., petitioned the Board of County Commissioners to amend the CPUD to allow for additional uses and to increase the floor area ratio of the aforementioned real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: Creekside Commerce Center PUD 1 of 2 PUDA-PL201200001 1 1—Rev. 1/7/13 Packet Page -353- 3/12/2013 8.A. SECTION ONE: Amendment to Section III, Industrial/Commercial District of the CPUD Document of Ordinance No. 2006-50 Section III, Industrial/Commercial District of Collier County Ordinance No. 2006-50 is hereby amended to read as follows: See Exhibit"A", attached hereto and incorporated herein by reference. SECTION TWO: Amendment to Section IV, Business District of the CPUD Document of Ordinance No.2006-50 Section IV, Business District of Collier County Ordinance No. 2006-50 is hereby amended to read as follows: See Exhibit`B", attached hereto and incorporated herein by reference. SECTION THREE: 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 day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk GEORGIA A. HILLER,ESQ. Chairwoman Approved as to form and legal sufficiency: 3 Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Section III, Industrial/Commerce District Exhibit B—Section IV,Business District CPU 2-CPS-01179\62 Creekside Commerce Center PUD 2 of 2 PUDA-PL20120000111 —Rev. 1/7/13 Packet Page-354- 3/12/2013 8.A. Exhibit A SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "UC". 3.2 GENERAL DESCRIPTION Areas designated as"I/C"on the PUD Master Plan are intended to provide a maximum of 620,000 square feet of gross floor area of industrial/commerce uses on 41.6± net acres. Intermediate care (SIC Code 8052), group housing and hotel/motel uses (SIC Code 7011) are in addition to the IC gross square footage figures. The overall floor area ratio (FAR) for the designated ' areas shall not exceed .35; however. individual parcels may be developed at a higher FAR and the FAR for hotel/motel, group housing and intermediate care facilities (SIC Code 8052) shall not exceed .6. (Refer to Section 3.5,Deviations) 33 PERMITTED USES AND STRUCTURES 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. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. 1. Aircraft Parts and Auxiliary Equipment(Group 3728) 2. Apparel and Other Finished Products(Groups 2311-2399) 3. Building Contractors(Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 4. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; Amended P1.11)(revision]revCCPC Consent2-7-2013).doc 3-1 February 7,2013 Packet Page-355- 3/12/2013 8.A. bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services(Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service) 7. Computer and Office Equipment(Groups 3571-3579) 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors; gasoline pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non-Depository Institutions(Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives;opium derivatives) 11. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers, reactor; atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) Amended PUD(revisions revCCPC Consent2-7-2013).doc 3-2 February 7,2013 Packet Page -356- 3/12/2013 8.A. 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories;veterinary testing laboratories) 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452, 3469,3492,3495,3496,production of metal is prohibited) 15. Furniture and Fixtures Manufacturing(Groups 2511-2599) 16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311, 9451,9511-9532,9611,9631-9660_ -1 17. Hotels / Motels (Group 7011), not to exceed a maximum of 240 rooms for the entire PUD. Only 1 Hotel/Motel is permitted within the PUD and it must be located east of Goodlette-Frank Road and subject to specific development standards and setbacks in Section 3.4. 4-7-718. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers'; ammunition and explosives loading machinery;brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines;metal pickling equipment,except rolling mill lines) 4-&:19. Leather and Leather Products(Groups 3131-3199) -1-9720. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods: Watches and Clocks Manufacturing (Groups 3812-3843, 3845-3873) 2-0:.21. Membership Organizations(Groups 8611-8631) 2-122. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs: bleaching, blending, curring, scraping, and tanning; feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring,tanning,bleaching and dyeing;plumes, feather;tear gas devices and equipment;veils made of hair) 22:23. Motion Picture Production(Groups 7812-7819) 2-3724. Motor Freight Transportation(Groups 4214,4215) Amended PUD(revisionI revCCPC Consent2-7-20 I3).doc 3-3 February 7,2013 Packet Page-357- 3/12/2013 8.A. 2425. Packing and Crating(Group 4783) 2-5726. Paper and Allied Products(Groups 2652-2657,2673-2679) 26727. Personal Services(Groups 7213,7216,7219,7221) 2-7728. Physical Fitness Facilities(Group 7991) 28729. Plastic Materials and Synthetics(Groups 2833,2834) 2930. Printing,Publishing and Allied Industries(Groups 2711-2791) 3-0731. Professional Offices: including but not limited to, Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311- 6399);Real Estate(Groups 6512,6514,6517,6519,6531,6541,6552,) 3-h32. Rubber and Miscellaneous Plastic Products(Groups 3021,3085, 3086, 3088, 3089) 32:33. Transportation Equipment (Group 3732, except for boats, fiberglass: building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard:building and repairing) 33 34. United States Postal Service(Group 4311) 34-35. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage,petroleum and chemical bulk stations and automobile dead storage) only one (1) self-storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 336. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale; lumber: rough, dressed, and finished-wholesale; batteries, except automotive-wholesale; storage batteries, industrial-wholesale; unit substations-wholesale; boilers, power: industrial-wholesale; boilers, steam and hot water heating-wholesale; burners, fuel oil and distillate oil- wholesale;oil burners-wholesale) 36.37. Wholesale Trade-Nondurable Goods (Groups 5111-5143, 5145, 5147-5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale; fish, tropical-wholesale; furs, dressed-wholesale; greases, animal and vegetable-wholesale; ice,manufactured or natural-wholesale, leather and cut stock-wholesale; linseed oil-wholesale; oils, except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude- wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs- wholesale;worms-wholesale) Amended PUD(revisionl revCCPC Consent2-7-2013).doc 34 February 7,2013 Packet Page-358- 3/12/2013 8.A. 3-7738. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within a 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to Assisted living facilities, independent living units, skilled nursing units and continuing care retirement communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1.. 3.3.B.2, 4.3.B.1 and 4.3.B.3. These uses are limited to parcels located east of Goodlette-Frank Road. -1-2. Health Services, medical clinics and offices (Groups 8011-8049. 8052), a maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2,4.3.B.1 and 4.3.B.3. SIC Code 8052 land uses are limited to parcels located east of Goodlette-Frank Road. 23. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8092, 8099) 3:4. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent (40%) of the gross floor area of the permitted principal use. D. Operational Requirements for Group Housing Group housing uses described in Section 3.2.B.1 shallprovide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. Amended PUD(revisionl revCCPC Consent2-7-2013).doc 3-5 February 7,2013 Packet Page-359- 3/12/2013 8.A. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty feet(50'). For parcels located east of Goodlette-Frank Road, see additional setback requirements in Section 3.4.C.7.a. 2. Front Yard,Internal: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet(5')to internal property line along Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise twenty feet(20') 5. Rear Yard:Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet (50') Amended PUD(revisionl revCCPC Consent2-7-2013).doe 3-6 February 7,2013 Packet Page-360- 3/12/2013 8.A. 7. Minimum Building Setback from Existing Goodlette-Frank Road Right-of- Way East of Goodlette-Frank Road: a) Goodlette-Frank Road: Minimum of fifty feet (50') and for any portion of a building exceeding a zoned height of fifty feet(50'), that portion of the building shall have the setback increased at a 1:2 ratio (i.e. one (I') vertical foot of height for every two (2') horizontal feet). D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road: tThirty-f Five feet (35'), including silos, storage tanks, elevator towers, satellite dishes, antennas, etc. For parcels east of Goodlette-Frank Road: zoned height seventy-five feet(75'),actual height eight-five feet(85'). E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. F. All industrial building sides visible from roadways internal or external to the park shall have the appearance of a concrete material, such as, but not limited to, block, brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides visible from said roadways are prohibited; as well as exposed metal siding on any building west of Goodlette Frank Road. G. Business District type uses located within the I/C District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof,alternatively, said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: 1. Section 2.8.3.5.1.,Purpose and Intent 2. Section 2.8.3.5.4.,Facade Standard 3. Section 2.8.3.5.6.,Project Standards 4. Section 2.8.3.5.7.,Detail Features except for 2.8.3.5.7.2. Amended PUD(revision]revCCPC Consent2-7-2013).doc 3-7 February 7,2013 Packet Page -361- 3/12/2013 8.A. 5. Section 2.8.3.5.12. I. Loading Areas:Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north,east or west. J. Noise: Uses within the UC District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel boundaries. Best practical treatment, maintenance,and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property. Light fixtures within parking areas shall not exceed 25 feet in height. M. Emissions: All sources of air emissions shall comply with rules set forth by the Environmental Protection Agency(Code of Federal Regulations,Title 40)and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental Regulation. 3.5 DEVELOPMENT DEVIATIONS 1. Deviation from LDC Section 5.05.04 D.l which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group housing uses, including the intermediate care facilities. Amended PUD(revisionl revCCPC Consent2-7-2013).doc 3-8 February 7,2013 Packet Page-362- 3/12/2013 8.A. Exhibit B SECTION IV BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "B". 4.2 GENERAL DESCRIPTION Areas designated as `B" on the PUD Master Plan are intended to provide a maximum of 190,000 square feet of floor area, including approximately 150,000 square feet of office uses and 40,000 square feet of retail uses on 19.1±net acres. Intermediate care facilities (SIC Code 8052), group housing and hotel/motel uses (SIC Code 7011) are in addition to the B District gross square footage figures. The overall floor area ratio (FAR) for the B designated buo ness land u e areas shall not exceed .35; however, individual parcels may be developed at a higher FAR and the FAR for hotel/motel. group housing and intermediate care facilities (SIC Code 8052) shall not exceed .6. (Refer to Section 4.5, Deviations) 4.3 PERMITTED USES AND STRUCTURES 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. Building Contractors (Groups 1521-1542),except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 2. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents Amended PUD(revision!revCCPC Consent2-7-2013).doc 4-1 February 7,2013 Packet Page -363- 3/12/2013 8.A. recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 3. Child Day Care Services(Group 8351) 4. Convenience Store (Group 5411) and Gasoline Filling Station (Group 5541) only one(1)allowed. 5. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service. 6. Depository and Non-Depository Institutions (Groups 6011-6163) including automatic teller machines 7. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives; opium derivatives) 8. Eating Places (Group 5812) not including fast food and drive-thru restaurants 9. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 10. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories;seed testing laboratories;veterinary testing laboratories) 11. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311, 9451,9511-9532,9611,9631-9661) 44-12. Hotels / Motels (Group 7011): not to exceed a maximum of 240 rooms for the entire PUD. Only 1 hotel/motel is permitted within the PUD and it must be located east of Goodlette-Frank Road and subject to additional building development standards and setbacks identified in Section 4.4. 4-213. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-6399); Real Estate (Groups 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices(Groups 6712-6799);Attorneys(Group 8111) 4 - 14. Physical Fitness Facilities(Group 7991) Amended PUD(revisionl revCCPC Consent2-7-2013).doc 4-2 February 7,2013 Packet Page -364- 3/12/2013 8.A. 4-4-15. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to assisted living facilities, independent living units, skilled nursing units and continuing care retirement communities. A maximum of 400 beds shall be permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2. 4.3.B.1 and 4.3.B.3. These uses are limited to parcels located east of Goodlette-Frank Road. 4:2. Drug Stores and Proprietary Stores (Group 5912) only one (1) drug store allowed. 3. Health Services, Medical Clinics and Offices (Groups 8011-8049, 8052). a maximum of 400 beds shall be permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2,4.3.B.1 and 4.3.B.3. SIC Code 8052 land uses are limited to parcels located east of Goodlette-Frank Road. 3 4. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8099) 4.5. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent(40%) of the gross floor area of the permitted principal use. D. Operational Requirements for Group Housing Group housing uses described in Section 4.2.B.1 shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. Amended PUD(revisionl revCCPC Consent2-7-2013).doc 4-3 February 7,2013 Packet Page-365- 3/12/2013 8.A. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard,Immokalee and Goodlette-Frank Roads: Fifty feet(50') 2. Front Yard,Internal Roads: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet (5') to internal property line along the Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet(0') to bulkhead or rip-rap at top of bank, otherwise twenty feet(20') 5. Rear Yard: Twenty-five feet(25') Amended PUD(revisionl revCCPC Consent2-7-2013).doc 4-4 February 7,2013 Packet Page-366- 3/12/2013 8.A. 6. Minimum Building Setback from Perimeter Boundary of PUD for Properties West of Goodlette-Frank Road: a) Fifty feet(50')for buildings up to thirty five feet(35')in height. b) Three additional feet (3') for every one foot of building height over thirty five feet(35')adjoining residential districts. 7. Minimum Building Setback from Perimeter Boundary of PUD and from Public Roadways for Properties East of Goodlette-Frank Road: a) Immokalee Road: Minimum of fifty feet(50') and for any portion of a building exceeding a zoned height of fifty feet(50'), that portion of the building shall have its building setback increased at a 1:3 ratio (i.e. one (1') vertical foot of height for every three (3') horizontal feet). For any portion of a hotel that may be constructed on the B designated tract at the southeast corner of Goodlette-Frank Road and Immokalee Road, a minimum five hundred foot (500') building setback from Immokalee Road. b) Goodlette-Frank Road: Minimum of fifty feet (50') and for any portion of a building exceeding a zoned height of fifty feet(50').that portion of the building shall have the setback increased at a 1:2 ratio (i.e. one (1') vertical foot of height for every two (2') horizontal feet). D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road, tThree stories over parking to a maximum of fifty feet(50') : :-• - -: •, - 4 • except that no structure shall be greater than thirty- five feet(35'),on property west of the Pine Ridge Drainage Easement.- The B designated tract located at the southeast quadrant of the Goodlette-Frank Road and Immokalee Road intersection shall have a zoned height of sixty feet (60') and an actual height of seventy feet (70'). No portion of a hotel building or hotel structure constructed on this tract may exceed a zoned height of fifty feet(50'). The easternmost B designated tract adjacent to Immokalee Road, as shown on the Master Plan, shall have a zoned height of sixty-five feet (65') and an actual height of seventy-five feet(75'). E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects. Amended PUD{revision]revCCPC Consent2-7-2013).doc 4-5 February 7,2013 Packet Page-367- 3/12/2013 8.A. F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. 4.5 DEVELOPMENT DEVIATIONS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group housing uses. including the intermediate care facility. Amended PUD(revisionl revCCPC Consent2-7-2013).doc 4-6 February 7,2013 Packet Page-368- 3/12/2013 8.A. 30D )) Wednesday,February 20,2013 ))NAPLES DAILY NEWS NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE • Notice is hereby given that on Tuesday, March 12, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida,the Board of County Commissioners 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 NO. 2006-50, THE CREEKSIDE COMMERCE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), AS AMENDED, BY AMENDING SECTION III, INDUSTRIAL/COMMERCE DISTRICT, TO INCLUDE HOTEL, MOTEL, SENIOR HOUSING INCLUDING INDEPENDENT LIVING, ASSISTED LIVING,SKILLED NURSING,CONTINUING CARE RETIREMENT COMMUNITY AND INTERMEDIATE CARE FACILITIES AS ADDRIONAL USES, ESTABLISHING A FLOOR AREA RATIO OF .6 FOR THE ADDITIONAL USES, AND REVISING THE DEVELOPMENT STANDARDS TO INCREASE THE MAXIMUM HEIGHT FOR PARCELS EAST OF GOODLETTE-FRANK ROAD TO 75 FEET ZONED HEIGHT AND 85 FEET ACTUAL HEIGHT; BY AMENDING SECTION IV, BUSINESS DISTRICT, TO INCLUDE HOTEL, MOTEL, SENIOR HOUSING INCLUDING INDEPENDENT LIVING, ASSISTED LIVING, SKILLED NURSING, CONTINUING CARE RETIREMENT COMMUNITY AND INTERMEDIATE CARE FACILITIES AS ADDITIONAL USES, ESTABLISHING A FLOOR AREA RATIO OF.6 FOR THE ADDITIONAL USES,AND REVISING THE DEVELOPMENT STANDARDS TO INCREASE THE MAXIMUM HEIGHT FOR PARCELS EAST OF GOODLETTE-FRANK ROAD TO 75 FEET ZONED HEIGHT AND 85 FEET ACTUAL HEIGHT FOR THE CPUD PROPERTY LOCATED IN SECTION 27,TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 105 ACRES;AND BY PROVIDING AN EFFECTIVE DATE. Copies of the proposed.Ordinance are on file with the Clerk to the Board and are 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 administrator 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 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 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 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, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA GEORGIA A.HILLER,ESQ.,CHAIRWOMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon,Deputy Clerk (SEAL) . February 20 7013 No.1978580 • • • • Packet Page-369-