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Backup Documents 10/23/2018 Item #17B 17B 10-23-2018 PUDA—PL20180000049 Ann P. Jennejohn I-75/ALLIGATOR ALLEY CPUD From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Wednesday, September 26, 2018 2:47 PM To: Minutes and Records Cc: Ann P.Jennejohn; bellows_r; BosiMichael; kendall_m; RodriguezWanda; NeetVirginia; SaboJames; SmithCamden;VelascoJessica Subject: BCC Advertisment Request for your review PL20180000049 - I-75/Alligator Alley (PUDA) Attachments: Ad Request.docx; Ordinance - 091118(1).pdf; Signed Ad Request.pdf Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, Ilieuutd.44 ea a>oua Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. SA9MtY Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 17B COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: {Display Ar The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Originating Dept/Div: GMD/Zoning Person:Timothy Finn Principal Planner Date:September 26,2018 Petition No.(If none,give a brief description): PL20180000049 Petitioner(Name&Address):Grady Minor-Sharon Umpenhour 3800 Via Del Rey Bonita Springs,FL 34134 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Heanng before X BCC BZA Other Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,October 23,2018. (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used: (Complete only if important). xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No.4500186697 Proposed text:(include legal description&common locations&size: Legal Section Non-Legal Section Companion petition(s).if any&proposed hearing date: Does Petition Fee include advertising cost, x Yes No. If yes.what account should be charged for advertising costs. 131-138326-649100-00000 Reviewed By: Date: Division Administrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note:if legal documents is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFICE II Date Received --1,C2 Date of Public Hearing tat 23l,t g Date Advertised 101.'131 178 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on October 23,2018,in the Board of County Commissioners meeting room,third floor,Collier Government Center.3299 Last Tamiami Trail,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA AMENDING ORDINANCE NUMBER 07-26,AS AMENDED,THE I-75/ALLIGATOR ALLEY CPUD,TO ALLOW FOR THE DEVELOPMENT OF UP TO 425 MULTI-FAMILY DWELLING UNITS IN ADDITION TO THE EXISTING PERMITTED MAXIMUM 265,000 SQUARE FEET OF OFFICE AND RETAIL USES AND A 107 ROOM MOTEL, SUBJECT TO A MAXIMUM OF 1,172 TWO-WAY P.M.,PEAK HOUR TRIPS FOR THE ENTIRE PUD;TO ADD AN ADDITIONAL MASTER PLAN TO REFLECT THE SITE LAYOUT IF THE PROPERTY IS DEVELOPED WITH BOTH RESIDENTIAL AND COMMERCIAL USES,AND TO LIMIT RESIDENTIAL USES TO THE AREA IDENTIFIED AS"C/R;"TO ADD DEVELOPMENT STANDARDS FOR RESIDENTIAL USES;TO MODIFY DEVELOPMENT COMMITMENTS RELATING TO ENVIRONMENTAL.TRANSPORTATION,UTILITIES,WATER MANAGEMENT,AFFORDABLE HOUSING,AND LAND USE AND PROJECT PHASING REQUIREMENTS;AND TO ADD DEVIATIONS RELATING TO PRESERVE STANDARDS.THE SUBJECT PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF THE COLLIER BOULEVARD AND DAVIS BOULEVARD INTERSECTION,IN SECTION 34,TOWNSHIP 49 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 40.8. ACRES;AND BY PROVIDING AN EFFECTIVE DATE.[PL201800000491 A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any 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 materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and 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 Division, located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: /s/Patricia Morgan Deputy Clerk(SEAL) 17B Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, September 26, 2018 2:57 PM To: CasanovaAlexandra Subject: RE: BCC Advertisment Request for your review PL20180000049 - I-75/Alligator Alley (PUDA) 4 Hi Alex, I'll sevtd a proof for the notice a.s.a.p. Amur Jevtvtejolnvt, Deputy Clerk Board Minutes & Records Departmevtt Collier County Value Adjustmevtt Board 23 9-252-8406 From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Wednesday, September 26, 2018 2:47 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; bellows_r<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; kendall_m <Marcia.Kendall@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>;SaboJames <James.Sabo@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Subject: BCC Advertisment Request for your review PL20180000049 - I-75/Alligator Alley(PUDA) Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova(a colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. o >rer Count Exceeding Expectations 1 �- - 11 B Comfy of Collier CLERK OF THE CIRC ,IT COURT COLLIER COUNTOUR OUSE 1r 5 3315 TAMIAMI TRL E STE 102 Crystal Kinzel-CIA(of Circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Audito '' Custodian of County Funds September 26, 2018 Sharon Umpenhour Q. Grady Minor 3800 Via Del Rey Bonita Springs, FL 34134 Re: PL20180000049 — I-75/Alligator Alley CPUD Dear Petitioner, Please be advised the above referenced petition will be considered by the Collier County Board of County Commissioners Tuesday, October 23, 2018. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, October 3, 2018. You are invited to attend this public hearing. Sincerely, CRYSTAL KINZEL, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com 1 7 B NDN Acct #068778 September 26, 2018 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PL20180000049 Dear Legals: Please advertise the above Legal Notice on Wednesday, October 3, 2018, and send the Affidavit of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500186697 178 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on October 23,2018,in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East Tamiami Trail,Naples FL.,the Board of County Commissioners (BCC)will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA AMENDING ORDINANCE NUMBER 07-26,AS AMENDED,THE I-75/ALLIGATOR ALLEY CPUD,TO ALLOW FOR THE DEVELOPMENT OF UP TO 425 MULTI-FAMILY DWELLING UNITS IN ADDITION TO THE EXISTING PERMITTED MAXIMUM 265,000 SQUARE FEET OF OFFICE AND RETAIL USES AND A 107 ROOM MOTEL, SUBJECT TO A MAXIMUM OF 1,172 TWO-WAY P.M.,PEAK HOUR TRIPS FOR THE ENTIRE PUD;TO ADD AN ADDITIONAL MASTER PLAN TO REFLECT THE SITE LAYOUT IF THE PROPERTY IS DEVELOPED WITH BOTH RESIDENTIAL AND COMMERCIAL USES,AND TO LIMIT RESIDENTIAL USES TO THE AREA IDENTIFIED AS"C/R;"TO ADD DEVELOPMENT STANDARDS FOR RESIDENTIAL USES;TO MODIFY DEVELOPMENT COMMITMENTS RELATING TO ENVIRONMENTAL,TRANSPORTATION,UTILITIES,WATER MANAGEMENT,AFFORDABLE HOUSING,AND LAND USE AND PROJECT PHASING REQUIREMENTS;AND 1 TO ADD DEVIATIONS RELATING TO PRESERVE STANDARDS.THE SUBJECT PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF THE COLLIER BOULEVARD AND DAVIS BOULEVARD INTERSECTION,IN SECTION 34,TOWNSHIP 49 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 40.8± ACRES;AND BY PROVIDING AN EFFECTIVE DATE. [PL20180000049] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any 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 materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and 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 Division, located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHAIRMAN,ANDY SOLIS CRYSTAL K. KINZEL, CLERK CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Ann Jennejohn Deputy Clerk(SEAL) 17B Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, September 26, 2018 4:38 PM To: legals@naplesnews.com Subject: PL20180000049 Attachments: PL20180000049 Alligator Alley CPUD.doc; PL20180000049.docx Please advertise the attached on Wednesday, October 3, 2018. Thank you! Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Collier County Value Adjustvv►ent Board 239-252-8406 17B Martha S. Vergara From: Legals@naplesnews.com Sent: Monday, October 1, 2018 10:27 AM To: Martha S. Vergara Subject: For your approval Ad: 2127325, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCCOM PREH-13-2127325-1.pdf Hi Martha, Attached is the ad proof, please review and let us know if you have any questions. We need an approval in order for the ad to run on the 1st date scheduled. Deadline: 2pm for next day publication, except for Sunday/Monday publication, the deadline is 4pm on Friday. Thank you, Mereida Cardenas Legal Advertising Specialist PART OF THE USA TODAY NETWORK Office: 239.213.6061 Legals@naplesnews.com naplesnews.com 17 : > Ad Proof ? apLr1iatLii ?rtll Sales Rep:Mereida Cardenas(N9103) Phone: Email: . 11111111111111 111111110=.1 Date: 10/01/18 This is a proof of your ad scheduled to run on the dates indicated below. Account Number 506365(N068778) Please confirm placement prior to deadline by contacting your account Company Name:BCC/COMPREHENSIVE PLANNING DEV rep at . Ad Id:2127325 P.O.No.:4500186697 Total Cost:$467.07 Contact Name: Email:martha.vergara@collierclerkcom Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date: 10/03/18 Stop Date: 10/03/18 Phone:(239)774-8049 Fax:(239)774-6179 Number of Timess: 1 Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING AND TO LIMIT RESIDENTIAL individual to speak on behalf assistance. Please contact NOTICE OF INTENT TO USES TO THE AREA of an organization or group is the Collier County Facilities CONSIDER AN ORDINANCE IDENTIFIED AS"C/R;"TO ADD encouraged. If recognized by Management Division,located DEVELOPMENT STANDARDS the Chairman,a spokesperson at 3335 Tamiami Trail East, Notice is hereby given that FOR RESIDENTIAL USES; for a group or organization Suite 101, Naples, FL 34112- a public hearing will be held TO MODIFY DEVELOPMENT may be allotted 10 minutes to 5356, (239) 252-8380, at least by the Collier County Board COMMITMENTS RELATING speak on an item. two days prior to the meeting. of County Commissioners on TO ENVIRONMENTAL, Assisted listening devices October 23,2018,in the Board TRANSPORTATION, UTILITIES, Persons wishing to have for the hearing impaired of County Commissioners WATER MANAGEMENT, written or graphic materials are available in the Board of Meeting Room, Third Floor, AFFORDABLE HOUSING, AND included in the Board agenda County Commissioners Office. Collier Government Center, LAND USE AND PROJECT packets must submit said 3299 East Tamiami Trail, PHASING REQUIREMENTS; material a minimum of 3 BOARD OF COUNTY Naples FL., the Board of AND TO ADD DEVIATIONS weeks prior to the respective COMMISSIONERS County Commissioners (BCC) RELATING TO PRESERVE public hearing. In any case, COLLIER COUNTY,FLORIDA will consider the enactment STANDARDS. THE SUBJECT written materials intended of a County Ordinance. The PROPERTY IS LOCATED ON to be considered by the CHAIRMAN,ANDY SOLIS meeting will commence at 9:00 THE NORTHWEST CORNER Board shall be submitted A.M. The title of the proposed OF THE COLLIER BOULEVARD to the appropriate County CRYSTAL K.KINZEL,CLERK Ordinance is as follows: AND DAVIS BOULEVARD staff a minimum of seven CLERK OF THE CIRCUIT COURT INTERSECTION,IN SECTION 34, days prior to the public &COMPTROLLER AN ORDINANCE OF THE BOARD TOWNSHIP 49 SOUTH, RANGE hearing. All materials used OF COUNTY COMMISSIONERS 26 EAST, COLLIER COUNTY, in presentations before By: Ann Jennejohn OF COLLIER COUNTY,FLORIDA FLORIDA, CONSISTING the Board will become a Deputy Clerk(SEAL) AMENDING ORDINANCE OF 40.8± ACRES; AND BY permanent part of the record. October 3,2018 No.212 NUMBER 07-26, AS AMENDED, PROVIDING AN EFFECTIVE THE I-75/ALLIGATOR ALLEY DATE.[PL20180000049] Any person who decides to CPUD, TO ALLOW FOR THE appeal any decision of the DEVELOPMENT OF UP TO 425 A copy of the proposed Board will need a record of MULTI-FAMILY DWELLING Ordinance is on file with the the proceedings pertaining UNITS IN ADDITION TO Clerk to the Board and is thereto and therefore, may THE EXISTING PERMITTED available for inspection. All need to ensure that a verbatim MAXIMUM 265,000 SQUARE interested parties are invited record of the proceedings is FEET OF OFFICE AND RETAIL to attend and be heard. made, which record includes USES AND A 107 ROOM MOTEL, the testimony and evidence SUBJECT TO A MAXIMUM OF NOTE: All persons wishing upon which the appeal is 1,172 TWO-WAY P.M., PEAK to speak on any agenda based. HOUR TRIPS FOR THE ENTIRE item must register with the PUD;TO ADD AN ADDITIONAL County manager prior to If you are a person with a MASTER PLAN TO REFLECT presentation of the agenda disability who needs any THE SITE LAYOUT IF THE item to be addressed. accommodation in order to PROPERTY IS DEVELOPED Individual speakers will be participate in this proceeding, WITH BOTH RESIDENTIAL limited to 3 minutes on any you are entitled,at no cost to AND COMMERCIAL USES, item. The selection of any you,to the provision of certain Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 178 Martha S. Vergara From: Martha S. Vergara Sent: Monday, October 1, 2018 10:33 AM To: NeetVirginia; CasanovaAlexandra; 'sabo.james@colliergov.net; VelascoJessica; CamdenSmith@colliergov.net Subject: PUDA-PL20180000049 1-75 Alligator Alley CPUD Ad Proof Attachments: BCCCOMPREH-13-2127325-1.pdf Importance: High Hello All, This ad is to run THIS WEDNESDAY!! Please review and let me know of any changes needed. Thanks, Martha 1 178 • Martha S. Vergara From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Monday, October 1, 2018 10:43 AM To: Martha S. Vergara Subject: RE: PUDA-PL20180000049 1-75 Alligator Alley CPUD Ad Proof Martha, Thank you for getting this to me so quickly. I will get it to applicant and planner(which will be Camden for Tim Finn who is out today) for approval. Respectfully, Alexandra Casanova Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Exceeding Expectations Original Message From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Monday, October 01, 2018 10:33 AM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; 'sabo.james@colliergov.net' <sabo.james@colliergov.net>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov> Subject: PUDA-PL20180000049 1-75 Alligator Alley CPUD Ad Proof Importance: High Hello All, This ad is to run THIS WEDNESDAY!! Please review and let me know of any changes needed. Thanks, Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. 1 I 7 B 4P4 Martha S. Vergara From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Monday, October 1, 2018 2:15 PM To: Minutes and Records Cc: Ann P. Jennejohn Subject: FW: PUDA-PL20180000049 1-75 Alligator Alley CPUD Ad Proof Attachments: BCCCOMPREH-13-2127325-1.pdf Importance: High See below Original Message From: StoneScott Sent: Monday, October 1, 2018 2:14 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov> Subject: FW: PUDA-PL20180000049 1-75 Alligator Alley CPUD Ad Proof Importance: High Thanks, Kathy. Dinny, see below. Looks good! Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 Original Message From: CrotteauKathynell Sent: Monday, October 1, 2018 2:12 PM To: StoneScott<Scott.Stone@colliercountyfl.gov> Subject: FW: PUDA-PL20180000049 1-75 Alligator Alley CPUD Ad Proof Importance: High Scott: The ad proof is correct per the 8-9-18 TO Title. Kathy Crotteau, Legal Secretary Office of the Collier County Attorney Phone: (239) 252-8400 Original Message From: NeetVirginia Sent: Monday, October 1, 2018 11:48 AM To: StoneScott<Scott.Stone@colliercountyfl.gov> 178 Cc: CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov> Subject: FW: PUDA-PL20180000049 1-75 Alligator Alley CPUD Ad Proof Importance: High Scott: For your approval. Please note that this will be running on Wednesday. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066- Fax (239) 252-6600 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent: Monday, October 1, 2018 10:33 AM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; 'sabo.james@colliergov.net' <sabo.james@colliergov.net>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov> Subject: PUDA-PL20180000049 1-75 Alligator Alley CPUD Ad Proof Importance: High Hello All, This ad is to run THIS WEDNESDAY!! Please review and let me know of any changes needed. Thanks, Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com, quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 Martha S. Vergara From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Monday, October 1, 2018 2:23 PM To: Minutes and Records Cc: Ann P.Jennejohn;VelascoJessica; CasanovaAlexandra Subject: FW: PUDA-PL20180000049 1-75 Alligator Alley CPUD Ad Proof Original Message From: Sharon Umpenhour<SUmpenhour@gradyminor.com> Sent: Monday, October 1, 2018 1:54 PM To: CasanovaAlexandra<Alexandra.Casanova@colliercountyfl.gov>;Wayne Arnold <WArnold@gradyminor.com> Cc: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>;SmithCamden <Camden.Smith@colliercountyfl.gov>;VelascoJessica<Jessica.Velasco@colliercountyfl.gov> Subject: RE: PUDA-PL20180000049 1-75 Alligator Alley CPUD Ad Proof Approved. Sharon Umpenhour Senior Planning Technician Original Message From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Monday, October 01, 2018 11:05 AM To: Sharon Umpenhour<SUmpenhour@gradyminor.com>;Wayne Arnold <WArnold@gradyminor.com> Cc: NeetVirginia<Virginia.Neet@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Subject: FW: PUDA-PL20180000049 1-75 Alligator Alley CPUD Ad Proof Importance: High Sharon &Wayne, Advertisement for: I-75/Alligator Alley PL 20180000049, The public notice ad for Naples Daily is attached for your approval. If you wish to revise any portion of it (specifically the title), please respond with strike through and underline as to your proposed revision, which we will forward to the County Attorney fora decision. If you approve the ad, please reply approved. If advertisement approval is needed TODAY as ad runs this wednesday, if not your item may be continued. Respectfully, Alexandra Casanova Operations Coordinator-Zoning Division 1 17 8 .4 " Martha S. Vergara From: Martha S.Vergara Sent: Monday, October 1, 2018 2:26 PM To: Naples Daily News Legals Subject: RE: For your approval Ad: 2127325, NOTICE OF PUBLIC HEARING NOTICE OF I Hi Mereida, This ad proof has been approved by the petitioner, staff and legal department. Please proceed with publishing as requested. Thanks, Martha Original Message From: Legals@naplesnews.com <Legals@naplesnews.com> Sent: Monday, October 1, 2018 10:27 AM To: Martha S.Vergara<Martha.Vergara@collierclerk.com> Subject: For your approval Ad: 2127325, NOTICE OF PUBLIC HEARING NOTICE OF I Hi Martha, Attached is the ad proof, please review and let us know if you have any questions. We need an approval in order for the ad to run on the 1st date scheduled. Deadline: 2pm for next day publication, except for Sunday/Monday publication,the deadline is 4pm on Friday. Thank you, Mereida Cardenas Legal Advertising Specialist PART OF THE USA TODAY NETWORK Office: 239.213.6061 Legals@naplesnews.com naplesnews.com 1 h g , , Martha S. Vergara From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Tuesday, October 2, 2018 11:08 AM To: Minutes and Records Cc: Ann P.Jennejohn Subject: FW: PUDA-PL20180000049 1-75 Alligator Alley CPUD Ad Proof Attachments: BCCCOMPREH-13-2127325-1.pdf;Applicant Approval of BCC Ad.pdf Original Message From: CasanovaAlexandra Sent:Tuesday, October 2, 2018 9:45 AM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Cc: RodriguezWanda<Wanda.Rodriguez@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; VelascoJessica<Jessica.Velasco@colliercountyfl.gov>;SmithCamden <Camden.Smith@colliercountyfl.gov> Subject: FW: PUDA-PL20180000049 1-75 Alligator Alley CPUD Ad Proof Good morning all, Below please find the planners approval of BCC ad proof for 10/23/2018 and attached the applicant's approval of ad proof. Respectfully, Alexandra Casanova Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Exceeding Expectations Original Message From: FinnTimothy Sent:Tuesday, October 02, 2018 9:32 AM To: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Subject: RE: PUDA-PL20180000049 1-75 Alligator Alley CPUD Ad Proof Approved this ad Timothy Finn,AICP Principal Planner 178 Zoning Division NOTE: New Email Address as of 12/09/2017: Timothy.Finn@colliercountyfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.4312 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From: CasanovaAlexandra Sent: Monday, October 01, 2018 11:05 AM To: Sharon Umpenhour<SUmpenhour@gradyminor.com>;Wayne Arnold <WArnold@gradyminor.com> Cc: NeetVirginia<Virginia.Neet@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Subject: FW: PUDA-PL20180000049 1-75 Alligator Alley CPUD Ad Proof Importance: High Sharon &Wayne, Advertisement for: I-75/Alligator Alley PL 20180000049, The public notice ad for Naples Daily is attached for your approval. If you wish to revise any portion of it (specifically the title), please respond with strike through and underline as to your proposed revision,which we will forward to the County Attorney for a decision. If you approve the ad, please reply approved. If advertisement approval is needed TODAY as ad runs this wednesday, if not your item may be continued. Respectfully, Alexandra Casanova Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Exceeding Expectations Original Message From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Monday, October 01, 2018 10:33 AM 2 1 ? B apLr Battu r:.\. NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC/COMPREHENSIVE PLANNING DEV 2127325 NOTICE OF PUBLIC HEA 4500186697 Pub Dates October 3,2018 (Sign/?A/rt ture of affiant) . ....,. KAROL E KANGAS 1 Notary Publk-Stated ibrMa Sworn to and subscribed before me Commission tGO125M, This October 04,2018 `zi='' ?' NyComm.ENplresAd29.IO2t _ 1� I a,,,...: Bonardthoph Mona Notary kw, CR31 B rl (Signature of affiant) 1 B NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO Persons wishing to have CONSIDER AN ORDINANCE written or graphic materials included in the Board agenda Notice is hereby given that packets must submit said a public hearing will be held material a minimum of 3 by the Collier County Board weeks prior to the respective of County Commissioners on public hearing. In any case, October 23,2018,in the Board written materials intended of County Commissioners to be considered by the Meeting Room, Third Floor, Board shall be submitted Collier Government Center, to the appropriate County 3299 East Tamiami Trail, staff a minimum of seven Naples FL., the Board of days prior to the public County Commissioners (BCC) hearing. All materials used will consider the enactment in presentations before of a County Ordinance. The the Board will become a meeting will commence at9:00 permanent part of the record. A.M. The title of the proposed Ordinance is as follows: Any person who decides to appeal any decision of the AN ORDINANCE OF THE BOARD Board will need a record of OF COUNTY COMMISSIONERS the proceedings pertaining OF COLLIER COUNTY,FLORIDA thereto and therefore, may AMENDING ORDINANCE need to ensure that a verbatim NUMBER 07-26, AS AMENDED, record of the proceedings is THE I-75/ALLIGATOR ALLEY made, which record includes CPUD, TO ALLOW FOR THE the testimony and evidence DEVELOPMENT OF UP TO 425 upon which the appeal is MULTI-FAMILY DWELLING based. UNITS IN ADDITION TO THE EXISTING PERMITTED If you are a person with a MAXIMUM 265,000 SQUARE disability who needs any FEET OF OFFICE AND RETAIL accommodation in order to USES AND A 107 ROOM MOTEL, participate in this proceeding, SUBJECT TO A MAXIMUM OF you are entitled,at no cost to 1,172 TWO-WAY P.M., PEAK you,to the provision of certain HOUR TRIPS FOR THE ENTIRE assistance. Please contact PUD;TO ADD AN ADDITIONAL the Collier County Facilities MASTER PLAN TO REFLECT Management Division,located THE SITE LAYOUT IF THE at 3335 Tamiami Trail East, PROPERTY IS DEVELOPED Suite 101, Naples, FL 34112- WITH BOTH RESIDENTIAL 5356, (239) 252-8380, at least AND COMMERCIAL USES, two days prior to the meeting. AND TO LIMIT RESIDENTIAL Assisted listening devices USES TO THE AREA for the hearing impaired IDENTIFIED AS"C/R;"TO ADD are available in the Board of DEVELOPMENT STANDARDS County Commissioners Office. FOR RESIDENTIAL USES; TO MODIFY DEVELOPMENT BOARD OF COUNTY COMMITMENTS RELATING COMMISSIONERS TO ENVIRONMENTAL, COLLIER COUNTY,FLORIDA TRANSPORTATION, UTILITIES, WATER MANAGEMENT, CHAIRMAN,ANDY SOLIS AFFORDABLE HOUSING, AND LAND USE AND PROJECT CRYSTAL K.KINZEL,CLERK PHASING REQUIREMENTS; CLERK OF THE CIRCUIT COURT AND TO ADD DEVIATIONS &COMPTROLLER RELATING TO PRESERVE STANDARDS. THE SUBJECT By: Ann Jennejohn PROPERTY IS LOCATED ON Deputy Clerk(SEAL) THE NORTHWEST CORNER October 3,2018 No.212 OF THE COLLIER BOULEVARD AND DAVIS BOULEVARD INTERSECTION,IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.8± ACRES; AND BY PROVIDING AN EFFECTIVE DATE.[PL20180000049] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any 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. ORDINANCE NO. 18- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 07-26, AS AMENDED, THE I-75/ALLIGATOR ALLEY CPUD, TO ALLOW FOR THE DEVELOPMENT OF UP TO 425 MULTI-FAMILY DWELLING UNITS IN ADDITION TO THE EXISTING PERMITTED MAXIMUM 265,000 SQUARE FEET OF OFFICE AND RETAIL USES AND A 107 ROOM MOTEL, SUBJECT TO A MAXIMUM OF 1,172 TWO-WAY P.M., PEAK HOUR TRIPS FOR THE ENTIRE PUD; TO ADD AN ADDITIONAL MASTER PLAN TO REFLECT THE SITE LAYOUT IF THE PROPERTY IS DEVELOPED WITH BOTH RESIDENTIAL AND COMMERCIAL USES, AND TO LIMIT RESIDENTIAL USES TO THE AREA IDENTIFIED AS "C/R;" TO ADD DEVELOPMENT STANDARDS FOR RESIDENTIAL USES; TO MODIFY DEVELOPMENT COMMITMENTS RELATING TO ENVIRONMENTAL, TRANSPORTATION, UTILITIES, WATER MANAGEMENT, AFFORDABLE HOUSING, AND LAND USE AND PROJECT PHASING REQUIREMENTS; AND TO ADD DEVIATIONS RELATING TO PRESERVE STANDARDS. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF THE COLLIER BOULEVARD AND DAVIS BOULEVARD INTERSECTION, IN SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.8± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PL20170002382) WHEREAS, on February 13, 2007, the Board of County Commissioners approved Ordinance Number 07-26, the I-75/Alligator Alley Commercial Planned Unit Development (the "PUD"); and WHEREAS, Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., and D. Wayne Arnold of Q. Grady Minor & Associates, representing Thompson Thrift Development, Inc., petitioned the Board of County Commissioners to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: I oft 9/1 1/1 8 (t) 17LI. SECTION ONE: Amendment to the PUD Document of Ordinance No. 2007-26,as amended The PUD Document attached as Exhibit "A" to Ordinance No. 2007-26, as amended, is hereby amended to read as follows: See Exhibit"A",attached hereto and incorporated herein by reference. SECTION TWO: 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 , 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Andy Solis,Chairman Approved as to form and legality: Scott A. Stone Assistant County Attorney Attachments: Exhibit A— PUD Document 2of2 9/11/18 CO') I8 1-75/ALLIGATOR ALLEY CP-W11 MD A CO MERC4A-[-,-MI\ED-1 SE PLANNED UNIT DEVELOPMENT Prepared for: Randall Benderson 1993-1 Trust and WR-I Associates, Ltd. Prepared by: ROBERT L. DUANE, A.I.C.P. R. BRUCE ANDERSON, ESQ. HOLE MONTES, INC. ROETZEL& ANDRESS, L.P.A. 950 ENCORE WAY AND 850 PARK SHORE DRIVE NAPLES, FLORIDA 34110 TRIANON CENTER - 3RD FL. 239-254-2000 NAPLES,FLORIDA 34103 239-649-2708 Amended 2111�s By: Q. (iR.AI)Y MINOR ANI)ASSOLIA l 1.S. P.A. .3800 Vit Del Rey,Bonita Springs. FL 34134 and Q`OL I-.!MAN. YOVANOVICII AND KOF.STFiR. P.A. 4001 ainiami Inn! Nor1I Suite 300. NapLs,_I I _34102 D -itek4ewcd b. CCrP< ---- Date ,oed--by-I =.-- Otd+nanee��te: — e ents epeals Exhibit A I `' Words underlined are additions;words s kEthrough are deletions 1-75/Alligator Alley MPUD PL20I80000049 Last Revised 09.//0/2018 Page l of 26 7 B TABLE OF CONTENTS Page LIST OF EXIIIBITS AND TABLES ►-z. SECTION I- STATEMENT OF COMPLIANCE, PROPERTY 4-1t SECTION II- OWNERSHIP,LEGAL DESCRIPTION, 2-4.6 SHORT TITLE,PROJECT DEVELOPMENT, STATEMENT OF UNIFIED CONTROL SECTION III- PRESERVE SUBDISTRICT 3--1-7 SECTION IV- PERMITTED USES AND DIMENSIONAL 4-48 8 STANDARDS FOR COMMERCIAL DEVELOPMENT SECTION V- DEVELOPMENT COMMITMENTS Words underlined are additions.'words struelf-t4ough are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 2 of 26 1 7 B LIST OF EXHIBITS AND TABLES EXHIBIT"A" CPUD MASTER PLAN xi uiiiN4PLD MASTER PLAN FOR (IOMMERclIAL RESIDENTIAL ALTERNATIVE EXHIBIT"4-isT,— LEGAL DESCRIPTION EXHIBIT"CD" LIST OF REQUESTED DEVIATIONS FROM LDC ii Words underlined are additions, words sirueli-tifrough are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 08/01/2018 Page 3 of 26 SECTION I STATEMENT OF COMPLIANCE The purpose of this section is to set forth the intent of the 1-75 and Alligator Alley Development Corporation, Inc.,on 40.8 acres of land located in a part of Section 34,Township 49 South,Range 26 East, Collier County, Florida. The name of this project shall be the "I-75/Alligator Alley Commercial Planned Unit Development(CPUDti1Pl.'I))". The development of the E\1PUD will be in compliance with the Planning Goals and Objectives of Collier County as set forth in the Growth Management Plan for the following reasons: 1. The subject property is located in an area identified as Interchange Activity Center #9 in the Growth Management Plan for Collier County. 2. Activity Centers are the preferred locations for the concentration of commercial activities • a ma hntim of lo du acre based on the prQiect 3. The subject tract is located at the intersection of Davis Blvd. (State Road 84),County Road 951,and 1-75,which affords the site access for the placement of commercial activities_a id multi t nail. dm,c,litig. . 4. The project shall be compliance with all applicable County regulations including the Growth Management Plan. 5. The project will be served by a complete range of services and utilities as approved by the County. 6. The proposed project is compatible with and complimentary to existing and surrounding future land uses as required by Policy 5.4 of the Future Land Use Element. Adjacent property to the west is zoned for the East Gateway PUD, a non-residential PUD, and the adjacent land to the East is Zoned C-4. 7. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 8. The proposed development will result in an extension of community facilities and services as required by Objective 2 and Policy 5.3 of the Future Land Use Element. 9. The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 1-I Words underlined are additions:words stiwelf-tlrrough are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 4 of 26 2447 10. The FLUE for Interstate Activity Center allows a maximum of 55% of the total area of Interchange Activity Center#9 or 347.875 acres to be developed with commercial uses in the Interchange Activity Subdistrict. At the time of this application for rezoning, 8.35 acres is available for future retail commercial development in Interchange Activity Center #9. Therefore,the proposed C1.1PUD can be found consistent with this provision of the FLUE. 11. All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Section 6.02.01 of the Land Development Code* (LDC)and further required by policy 2.3 of the FLUE. 12. Development of the 1-75 Alligator Alley CN1PUD will be consistent with the Activity Center#9 Interchange Master Plan. 12 Words underlined are additions:words struelf-through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 5 of 26 iia SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION,SHORT TITLE, PROJECT DEVELOPMENT,STATEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP The undeveloped portion of the subject property is currently owned by: •• • :- : - - • . = - .' Trustees under a trust agreement . , • - , . - • • • • -Renderson 1993 I Trust 95 J LR L.L(:.' ; 1 1 Rp i �}ei�llon .Inc.. and WR-1 Associates,Ltd. The motel is owned by LaQuinta Properties,Inc. One fast food restaurant is owned by McDonald's Corp., and the Taco Bell restaurant is owned by Tremble-and Compan!` l res at the time of the Application for rezoning. 2.2 LEGAL DESCRIPTION The legal description is set forth as Exhibit"I3C". 2.3 SHORT TITLE The name of this project shall be known and cited as the"I-75/Alligator Alley Commercial \l i�ed L.sc_Planned Unit Development(CMPUD)". 2.4 PROJECT DEVELOPMENT - The property is located on the north side of Davis Boulevard to the west of Collier Boulevard and bounded by 1-75 to the north. The subject property is also located in the southwest quadrant of 1-75,Exit 15 Interchange and further located in Section 34,Township 49 South,Range 26 East,Collier County,Florida. The existing PUD is developing with commercial uses that, at the time of this application for rezoning, include an existing motel developed with 107 motel units, an existing Taco Bell and an existing McDonald's restaurant. The subject property has approximately 29.4 acres more or less proposed for commercial Eames-a,. ciev cicvment.._and approximately 11.4 acres for water management. Within the water management area,6.12 acres will be re-vegetated_it'thepropert‘ is de ek2psci ith_cc�inineitialuses �92c1, 0. 11 a.G t \+ k' i,_-\eiletated i[theprAve ta_1s devcIgned_with residential uses,. The site drains from the south to the north and under 1-75 to the Golden Gate Canal. The elevation of the property ranges from 9 to 13 NVGD. Access to the property is provided from two access points onto Davis Boulevard. Access is also proposed to be shared with the non- residential East Naples Gateway PUD, located to the east w csi of the subject property. A maximum of 265,000 square feet,of gross leasable conintcicia1 space and425 Zuilti family ,Ivv i..its shall be permitted by this (..=yIPUD st_bjeet to the trip count in etion ` 2 K. 2.5 STATEMENT OF UNIFIED CONTROL - This statement represents that the current property owners, 05 H_RP I LI ( 93 H P l I I t QQn iercc Center PrP _rty O\Lnc ANm)ci tl tl. lnl;._ d ' - • .. . . . . and WR-1 Associates, Ltd have undeveloped portions of the G'IPUD under unified control for the purpose of obtaining GMPUD zoning on the subject property with the exception of the existing motel and two existing fast food restaurants no longer under the Words underlined are additions;words stueh-through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 6 of 26 LULIMI ownership of this applicant for GMPUD rezoning. The rezoning will not affect the existing development. ? 1 Words underlined are additions:words strew k-through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10,2018 Page 7 of 26 t) - 1 8 SECTION III PRESERVE SUBDISTRICT 3.1 PURPOSE The purpose of this Section is to identify development standards for the preserve areas as shown on Exhibit "A", CPUD Master Plan. Exhibit "f3 MITI) Mister Plan for ( otnnwrctal and Re;.,;,. 12 PERMITTED USES The CPUD m11(1 NINA) Master Plans provides for 6 12acres and 11.1941_ acres respccti cl\ for Water Management/Preserve Area, measured from the top of the bankprolaerty_--lige. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations, subject to and in accordance with the LDC. However, the Preserve Area shall not be less than 6.12 acres, based on 15% of the entire 40.8 acre site il`tfacvixip_riy is developed so14y nh LomniLrclal iises,_and 9,4J auLs ilk, the property i de‘eloped N.\nil resider titjl u'L'`b i5Lcl on c�t 1_f, acres of n lti\_e. �ct1.'t,ation exeltidinz iiuht of-way.. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures in accordance with Policy 6.2.6 of the Conservation and Coastal Management Element of the Growth Management Plan: A. Permitted Uses and Structures I. Passive recreation areas that do sot rcdtu_c the ainotint of recurred vc1!etati��il c',er'v ed. 2. Water management and water management structures. 3. Mitigation areas. 4. Boardwalks and trails that do not reduce the amount of required vegetation to be preserved. 3 1 Words underlined are additions;words struck s=u=teek-Orrougk are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 8 of 26 178 SECTION IV PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL AND RESIDEN"I-IAI. DEVELOPMENT 4.1 Purpose: The purpose of this Section is to delineate the development regulations that accompany the conceptual Master Plans depicted in Exhibit "A" and I!xhihit"13". 4.2 Maximum Development Intensity: The maximum development intensity allowed shall be 25 multi-family d\Ntellinunits. two hundred and sixty-five thousand (265,000) square feet of gross leasable area of office or retail uses excluding the existing motel approved for 107 units;or any future motels. or am, ,,,n 5. 2.K. The motel site is a 2.14- acre parcel that utilized 2.01 acres of the Preserve Area to achieve the permitted number of units at the time the site plan was approved,and both these areas are depicted on the Master Plans c.41u.i _d in Iyltib t''.:\"" and Exhibit E3'_. lithe i; R "ham is depihtcd on the 1 xhibit-13 \1a,tci Min. is developed with hulh residential and comm dI use commercial uses mut that tract shill be limited to the tolloticine commercial uses: (,r tint 4225 Mini « treliotiscsair conditioned (tnl,_ (Shall not be permitted iintiicd.i ttely adiaceent to the_right-ot- wav of the Intertatc.i (stun s -It.'?.._4 4I t'lnt }nftations set vices, including tn LI" subject to the L.i)(.: v.ajor I 0,01.11) 6ti I)epOSitur\,_ lnstittttiOn; including.clrly e-throu4li banking latiintcs s l i 1.1' Credit nholt m,,,(,k,(rtt'tlt! (�l ''`.c �'t--(1��uittl�ib (._.�r�e ._ __-_- _____ Major (iruut>t>d `eCtiltly and (, oir iiodit, Brokers, Dealers, Lsch<rnte < nd \ ice Maim (it 63 titsui ncc (_ utier�, Maio! (,ii pup ().4 Ii surzttic 1 eni,_I3rol<e_rs anci_tiet-Oce \i.ijor (rwti i o5 Rcal 1'.stat; Major (tioup 72 IrlI,t 1.ii Services, aceptin! I littera! Set' ice and Crematories \1 ucr_(iro_n_p_? , Business___Ser‘ices,. I xc sine Otttdoor 1(lyert site S_rr ices (ir(rt ?-')t)1 Ph}; i, it Fitness l<iLittties Cocups Rtti,, S02, Niedicril PractitionersOi{i,c; X6 and ;{lt-r u1 l :" hi.i-.i I c11,41 ,,tylcc ,°ou 7 I I n iince 7inttAi and S tp kutve ? Servicc:s (,i(nit�s �,- 1_1:82.4.8 I�rofzssional consulting services r.. (iroirt Sr? ecountina,__)udttine ati(I_l3crliLkee sittgSer iee5 I l (ivy,tip 74 M,rna lenient and Public__ e ati(ins Servie s, Words underlined are additions:words strve kreu gir are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 9 of 26 176 4.3 General Description of the CPUD Oinceptual Master Plans (acreaucs are a_pprt)Nitnate,and ik I be determined ',it (he mite 01S1)1) or Type of Use Amount of Acres Preserve/Water Management ± 11.4 acres * Commercial Residential Area ± 29.4 acres*** Right-of-Way ± 2.9 acres ** Other, Buffer Areas and Open Space ± 8.7 acres ** 1 TOTAL: t-__40.80 acres * N bit -A- contains 6.12 acres of preserve/water management area to be re-vegetated if de\dolled with edninierenil oiil I xliibit "13" contains 9 )1itofpriiveiwzitcr nanaieInnIaret th),.: r,...s,vt.•2;:tated it`developed with re ,tential. ** contained within the commercial area '-"kdentitil use., may only he dc\eloped within th,2 tirezi identified as the 201 8_PUD Amendment Area on Lxhibit "13". 4.4 Uses Peimitted: A. No building or structure, or point thereof, shall be erected, altered or used, in whole or in part other than the following: 44 Words underlined are additions;words siratelf-4trough are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 10 0/26 0 ONO $ 7 B . 'o n-linerci t Principal Permitted Uses (Listed by SIC): DIVISION A AGRICULTURE Groups 0742, 0752 Veterinarian services, exclusive of outside kenneling DIVISION D MANUFACTURING Group 752 Commercial Printing,exclusive of newspapers DIVISION E TRANSPORTATION, COMMUNICATIONS, ELECTRIC, GAS and SANITARY SEWERS Group 4225 General Warehouses and Storage, including mini warehouses (Shall not be permitted immediately adjacent to the right-of-way of the Interstate.) Group 4311 Post Offices as permitted in the Zoned District-C2, exclusive of major distribution centers Group 4724 Travel Agents Groups 4812-4841 Communications services, including towers subject to the LDC DIVISION G RETAIL Major Group 52 Building Materials, Hardware, Garden Supply, Excepting Mobile Home Dealers (527) Major Group 53 General Merchandise Stores Major Group 54 Food Stores Group 5531 Auto and Home Supply Stores Group 5541 Gasoline Service Stations Accessory Use only Group 5571 Motorcycle Dealers Major Group 56 Apparel and Accessory Stores Major Group 57 Home Furniture, Furnishings, and Equipment Stores Major Group 58 Eating and Drinking Places, subject to location requirements for sale of alcoholic beverages of the LDC Major Group 59 Miscellaneous Retail,Excepting Fuel Dealers(598) DIVISION H FINANCE, INSURANCE and REAL ESTATE Major Group 60 Depository Institutions including drive-through banking facilities Major Group 61 Non-depository Credit Institutions Major Group 62 Security and Commodity Brokers, Dealers, Exchange and Services Major Group 63 Insurance Carriers Major Group 64 Insurance Agents, Brokers and Service Major Group 65 Real Estate DIVISION I SERVICES Group 7011 Hotels and Motels Major Group 72 Personal Services, Excepting Funeral Service and Crematories (7261) Major Group 73 Business Services, Excepting Outdoor Advertising Services Major Group 75 Auto Repair including carwashes Accessory Uses only Major Group 76 Miscellaneous Repair Services Group 7841 Video rental 1 Group 7991 Physical Fitness Facilities /1 Words underlined are additions;words struue#-through are deletions 1-75/Alligator Alley MP(11)P1,20180000049 Last Revised 09/10/2018 Page 11 of 26 17B Groups 801, 802, Medical Practitioners' Offices 803 and 804 _ Group 81 I 1 Legal services Group 871 Engineering, Architectural and Surveying Services Groups 8711-8748 Professional consulting services _Group 872 Accounting, Auditing and Bookkeeping Services _-.------._.___----- Group 874 Management and Public Relations Services or+ (1,Iti ;7i 1 r 'r' �,,. ,h.,it .1 /7 'dti 1rib, 1/don (l/1(It //14,'1("/!,/f,', ,tltLf ((r{C; rt . t lc 7/r71''r7. ntaxutuiru 01 425 utclti,t1iuiilV h.:S IL:Unai (1WC1101g_ut'tt, �subc�t tuts mittirrtum. lease of 7 rnontlis). Rcsudenti d accessory uses: ecesso v uses and structures customarily associated with the fn inc} )al uevde of rl u cs erntftted in this A1P1 L, includino but not limited to L ir1Le, CirjlOtts. S -_fool', ,Giem enc Io weti. fitness center,, tot lots, dogp irks and utility huldin,,ti Atoilet unit, including Sale, haulers and of fi es_ lex residential proic.ct tdu,inistratiotf, construction Ieasinu, and inarkctita , Any other accessory use,which is conparable in nature with the foteeomg rc idents tl uses and ,.o lsistcnt with the Rermittcd accessor _uses 01' this \IPLI) tent:it d,_hytheBoard of Zoniniz._ppca1,_t}r_the Hearing 13. E)trt - torage-and display-shall not he . , - . :- centers -centers . , a f}f r :T;a l permitted. C. Any other permitted uses which are comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the Board of Zoning Appeals. 4.5 General Permitted Uses: Certain uses shall be considered general permitted uses throughout the 1-75 Alligator Alley E= iPUD except in the preserve areas. General permitted uses are those uses which generally serve the development and end users of the 1-75 Alligator Alley project and are typically part of the common infrastructure or are considered community facilities. 1. Essential services as set forth in the LDC. 2. Water management, water management facilities and related structures. 3. Lakes,including lakes with bulkheads or other architectural or structural bank Words underlined are additions;words ugh are deletions 1-75/,4lligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 12 of 26 1P ® treatments. 4. Temporary construction, sales, and administrative offices for the developer and the developer's authorized contractors and consultants, including necessary access ways,parking areas, and related uses. 5. Landscape features including, but not limited to, landscape buffers, berms, fences, and walls subject to the standards set forth in this CMPUD Ordinance. 6. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this CMPUD, as determined by the Board of Zoning Appeals. 4.6 Development Standards: A. Commercial Principal Structure Standards: Table I below sets forth the development standards for cfftiii icrcial land uses within this CMPUD. Standards not specifically set forth herein shall be those specified in additional sections of the LDC in effect as of the date of the approval of the site development plan or subdivision plat. 4-3 Words underlined are additions;words Abwelinthreugh are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 13 4/'26 TABLE 1 —COMMERCIAL DEVELOPMENT STANDARDS 1 Front yard Twenty five(25) feet setback 2 Side yard Fifteen(15)feet or one-half the building height,whichever is greater setback Minimum 3 distance Same as side yard requirements between structures 4 Rear yard One-half the building height as measured from an exterior wall. setback The maximum density allowed for the existing motel on Lot 6, Plat of 951 Commerce 5 Motel Density Center,Plat Book 17, Pages 1 and 2 is 26 units per acre based on it's prior SDP approval And intensity that utilized 2.01 acres depicted on the CPU—Exhibit` ,A' and"I3"Master Plans to achieve its allowable density. For all unimproved lots the maximum floor area ratio shall be.60. Minimum 6 floor area, all One thousand(1000)square feet commercial uses Maximum 7 Not to exceed fifty(50)feet height 8 Minimum lot Ten thousand(10,000)square feet size 9 Setback from Twenty five (25) feet for principal structures and ten (10) feet for accessory Preserve Areas structures Minimum Lot 10 One hundred(100) feet Width Should industrial uses develop within this CMPUD and are visible from 1-75, an 11 ` Industrial Uses eight-foot high masonry wall shall be provided along 1-75. See Section 44.4 for peiiuiitted Industrial Uses. 4-4 Words underlined are additions;words struelk-through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 14 of 26 1 ? B B. Coinlercial Accessory Structures: TABLE 2 -- ACCESSORY STRUCTURES FRONT 20' SIDE -------- - ---- 15' REAR 15' PRESERVE SETBACK 10' DISTANCE FROM 1/2 B.H. PRINCIPAL STRUCTURE MAX. STORIES/BLDG 2 STORIES or HT. NOT TO EXCEED 25 feet BH: Building Height GENERAL: Except as provided for herein, all criteria set forth shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Residential D \elopment St Indard : I I able ; sets forth the development standards for residential land uses within this \IPI'D. Standard' not saxilicalle" set forth herein 'hall be those specified in tddittonrd sections of;the l,DC_in e ftee t is of tale date of the tpptov A of the site deve lol ment_pianorr sol'di inion fat. Guardhouses, e.atehouses, access control structures, clock tower: fences, walls, �ulun n,_ delor,tihardy aztr or architectural embellishments associated with e_pro ect s cum-AMC': IC llllli'1 ale permitLed within the -CA- de i n ltd ire-dS ihu,itmL,th1. ,project's entrance. Or aWithin the _private toadka. is derr ted cnt Exhibit"°Ii MP(j1) Master Plan for Commercial and Residential ,Alternative_,and shall ha\c_no required setbacks: however. such structures cannot be located where they cicate vehicular stackiaL ur sight distance issues for motorists_and PcOestrians. and cannot exceed 5 feet ni Toned ltcicht and 40 ieet_iii actual height. Words underlined are additions:words ugh are deletions 1-75/Alligator Alley MPL'D PL20180000049 Last Revised 09/10/2018 Page 15 of 26 1 B I Al11.1 3 1 .11,SIDNNTIAL, 1)1',VFLOPMFNT S FANDARDS S Di% MULTI-FAMILY AMENITY AREA PRINCIPAL STRUCTURE MiniyiurnHof,KArea 1,00 5.F_, minimum Lot Ain 10000 PvlinimuinI ot Width NIA Minimum Lot Depth NIA N/A 7oned 60 feet 35 feet feet SETBACKS Minimum Front Yard 15ft 15 feet Minimunu.SicieyaLd 10 feet 10 feet 10 feet from Perimeter Buffer or 0 10 feet from Perimeter Buffer or 0 Minimum Rear Yard ffet_fromLMT feet from LMT Minimum from Western PLJD 100 ceet 100 fee,t Mirrirnu,nlip!qr)!J:iry Presep,e 25 let-f,-.t 25 feet Vicilrnum Distdrice Between thr:. sum of buildinA heights 10 feet ACCESSORY STRUCTURE .35 feet 40 feet SETBACKS MiriArimin rront Yard SPf5 Mitiiimurn_Sici:„?yarci SPS SPS 0 feet from Pcrimeter Buffer or 0 feet from Perimeter Buffer or Minimum Re.al Yard LMT LMT !Minimum from Western PUD 100 feet 100 feet B.!? Mirunium Preserve10feet 10 feet SPS Scirne PrrioOdi H jp,fliuffer ake f',11,11-er;Jricr iri pitted NC)te Noth:TaZ ii thV,P['1,)do,.drocnt shall be do.!*.ed toiippiotio a deviation!rorri the WC unles.s It is oxp,,!,, j'y statcd of cfe'vtatlof)s. Landscaping All landscaping shall be in accordance with the requirements of the LDC. Perimeter buffering shall be provided in accordance with the LDC. The C'PUD :VIPUD is not subject to the requirements of Section 4.06.02.D5a of the LDC in order to allow Words underlined are additions;words struck through are deletions 1-75/Alligator Alley it1PUD PL20180000049 Last Revised 09/10/2018 Page 16 of 26 ifs configuration of water management areas including retention areas for all development, to allow the edge of the water body to be shown as depicted on the 1 uhit ",1",CPUD Master Plan, 1;xhilut"I 1,11q:1) Mt tciPlan t«r Commercial and Residential .1tieln,iti e. The required trees within the 25-foot buffer shall be installed on the 1-75 and CR-951 side of the berm. The existing berm will remain in its present location and will be repaired (placement of additional fill) to bring the top to the proper elevation prior to landscaping. Curvilinear plantings along the edges of those areas comprised of shrubs and grasses, which will be varied in width to give a natural appearance, shall be incorporated within the two water management pretreatment areas, as depicted on the i CPUD Master Plan. and for Comm:, _ ��: The GMMPUD shall also meet the applicable requirements of the LDC pertaining to the Activity Center#9 Zoning Overlay District.The requirement for a 25-foot Type D buffer along Davis Boulevard shall only be applicable to vacant lots west of the Taco Bell site.The existing ten-foot buffer in front of the Taco Bell and McDonalds sites shall remain as originally approved. (See also Deviation#3, Exhibit GE)) 4-5 9-4 1_,. Common Area Maintenance: Common area maintenance, including the maintenance of common facilities, open spaces and water management facilities shall be the responsibility of the property- owners' association established by the developer. ( . Architectural Guidelines: All commercial development shall meet the requirements of the LDC including the requirements of the LDC pertaining to the Activity Center #9 Overlay District and shall be in conformance with the Interchange Master Plan for Activity Center#9. The principal buildings shall be required to have three primary facades to the north, south, and east. 4$ Words underlined are additions;words stra+el nigh are deletions 1-75/Alligator Alley.MPUD PL20180000049 Last Revised 09/10/2018 Page 17 026 ID » e SECTION V DEVELOPMENT COMMITMENTS 5.1 Environmental Standards A. A 6.12-acre preserve area depicted on l: ltibit "A- the CPUD Master Plan shall be re- vegetated in accordance with the requirements of the LDC if the property is developed ulcywith cpninterci,i -3 A 9.4 I acte preset ve ,iter, i.lrltctcd on Exhibit h.'.A1PUD Master Plan for Commercial ;And Residential \lternauiyc_. shall be revee.,tdtedin accordance with Deviation 144 if`the p v)el t1 is de,.t.:1uFed .a iih residential uses. --A fence shall be installed along the perimeter of the preserve area depicted on the CPDD . . •-- 'o ier County requirements until such time as the matured. C. A Preserve Area Management Plan shall be provided to the Environmental Services Department for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. D. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants in perpetuity shall be the responsibility of the property owner. F All conservation areas shall be designated as tracts/easements with protective covenants. If the property is platted, easements shall be dedicated on the plat to the property-owners' association for ownership and maintenance and to Collier County with no responsibility for maintenance, F. Berms and swales shall not be located within preserve area boundaries,,it'_the_proper_ty is developed witl eoinnnaeial 1.a eSovaly,a,depicted on Exhibit A'. 13etnls. N\V tlCS and county iittlit easements mavbe located within preserve area hound a u.'. ith the appruv.ed deviation 5 i t tIw.propLrty i; dei elojd 'ith esidential as depicted on Exhibit ''it''. 5.2 Transportation Requirements A. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first certificate of occupancy(CO). B. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the Words underlined are additions,words mFrvtrlc-through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 18 of 26 I ? B developer and the County shall have no responsibility for maintenance of any such facilities. C. If, in the sole opinion of the County Transportation Division Staff, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to the County before the issuance of the first CO. �--f D. The adjacent development to the west has have been designed to provide shared access or interconnections with this development. The CPUDf xhibit -A- and -Fr Master Plan indicates this location.The developer,or assigns,shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. E. A directional median opening shall be constructed onto Joyrose Place in accordance with FDOT Standards at such time as improvements are made to Davis Blvd. that are anticipated to be made by the end of 2009. The left hand turn lane for this directional median will be approximately 390 feet in length. F. The directional median opening constructed on Joyrose Place may be temporary and subject to change or removal by FDOT at the time the Davis Boulevard widening project or future development commences. G. This CMMPUD shall retain water management storage and treatment for two acres of right-of-way for the six laning of Davis Boulevard.In the alternate an equivalent amount of water can be stored and treated within the water management system for the widening of Collier Boulevard if the FDOT does not have an interest in one acre of storage area for the widening of Davis Boulevard, and the County constructs at its expense the drainage conveyance system to connect to the PUDs water management system. H. This project shall be subject to the East Central TCMA requirements,which include a selection of four transportation demand management strategies and fair share payment for impacts not to exceed 15% above impact fees. This requirement shall only be applicable for development that has not received a certificate of public facility adequacy. As of the date of the adoption of this Ordinance,certificates had been issued for 145,000 square feet of unbuilt retail development. There shall be no issuance of COs for any permitted uses until such time as improvements have been substantially completed to Davis Boulevard and it is operational under a six-lane road condition unless certificates of public facility adequacy had been issued prior to the adoption of this Ordinance. J. Additional interconnections or existing interconnections may be modified or added for an additional off-ramp from 1-75 should it be constructed at a later date. Words underlined are additions;words st+nek-th-rough are deletions 1-75/.Alligator Alley MPUU PL20180000049 Last Revised 09/10/2018 Page 19 of 26 2 M P--B--- K Irhe nurxinium totall trtpoenerationforthe entire PUD shall not exceed 1.172 two7wav PM peak hour tr ps. based on the use codes-in the HI Manual_op trip generation rates to rff_eet_at the time of .Application for SDP'S1)Pa or subdivision plat amroval, 1For_the area i,-rbeled '2018_Pt 1) Amendment on the Exhibit 13 Master Plan, the maximum total trip generation shall not exceed 1,02 two-way PMpe_k_hour tit ps.ha,ce use d onthe codes in thel7 L. Manual on trigeneration rates_-- _-- I_ incffcct at the tante of application for 51W.S1)P'a or subdivision plat.a_pproval. E. No new' butldini! COs h r dcrelupment within the arra labeled 201?l_PUI) Amendment 1rea (PL201800000491'd)t)0004c)t" on Exhibit "13- !Master Plan will be alloweduntilthe Millie s endiunder review with R()V permit PRRPW20180207335_ and located at the iiilctsection of 11 irket Street and Davis Bouleard_is constructed and operational. 5.3 Utility Requirements A— The CPUD is currently serviced by an 8 inch water main, as well as a 12 inch force main, both on Bedzel Circle. 52 W..-\:; The developer shall contribute easements ofa;px- -: : . e ••_ : e - for two well tidl.. . approval of the subdivision plat or situ devel ptnent 3-rlan approval. The first well field is ., • • • .. corner-o-f-the-CP .. - . . .. _. .'est of the •- :!...•-• • ' .rant along the eastern -. - .- by FDEP. A. The t)voicr ;hall convey a County Utility hasertcutt_t,CUEl to the Collier county Water-Sewer I)istrie_t_tF)i met) along the west side of the PUD for replacement of its exrsttnkl 4 potable 'Vater transmiti,ion main j1,ng_Ciillie Boulevard. 'Pic Cl. shall be 30 feet in w idth and shell run adjacent to the western landscape buf ffee _from the southern ri,tht of wav line of Interstate 75 south to and alizmin2 with the eastern hal recorded '. .l.__.2241._-- �f the C l E, c�1 the xtsurt nU' CUf at O.R.O.1Z 1�� Adjustment i_.__r...__. _ _ =ecanietrywto accommodate the develor_er s roposedsiteintproxemcirtti_includino but not limited to surfacewater manaeemcnt structures and itipinv„.\vitt_he_allo sed._ tattutu,a{t e`!tall he added to the C'hi in tiument restti:trti:wthc District's rights kAriillin the prcserre to trcnchles` pipeline installation (c.�T., horizontal directional drilling,jrn the vent that the pipe is not anstalled_pricrto prescr\e,planting restoration.The CUL shall becon.e'ed in accordance.._\A iii theCollier County Utilities Standards and Procedures Ordinance at aro Cost to the County or District, ;free and clear of all liens and encumbrances. within six months oldie effective date of:this Pt_1) Ordinance, • H. , _ _.Lite_O ncr h til al o convey ttemporary construction easeminillC1;Ej to the District within llte western Wale!' nlanagelnent prctreatment area as identified on the Exhibit A ` and 137 Nr aster Plans. The 'ICE is needed for stiu2.inu. of maternal, and,equipment associated,with construction of the water main and shall cypirc upon final completion Words underlined are additions;words struck through are deletions 1-75/Alligator Alley MPUD PL 20180000049 Last Revised 09/10/2018 Page 20 of 26 IP i78 of the District's water main project or it cnt the date ofthepre-con,truction_,meeting col the Pt:D development with theGrowth Management Department's Dev_elc ment Review Di ision, vk Inc hev cr occurs first unless a time e xtension is granted in W'rtttna by da. Owner. The •1('1 shall be conveyed inaforni acceptable to the Count' ,lttorne s Office al no cost to the Count or District freeaid clear 01 all liens and encumbrances,. within six months of the effective date of this MTh Ordinince.. 5.4 Engineering Requirements Subdivision of the site shall require re-platting in accordance with the LDC to define the right- of-way and tracts shown on the CN1PUD Master Plans. 5.5 Water Management Requirements A. I'\l}/bit \,. The CPUD Master Plan provides for 11.4 acres for water management/preserve area measured from the top of the bank. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations, subject to and in accordance with the LDC.The preserve area shall not be less than 6.12 acres, based on 15% of the entire 40.8 acre site, ifthe pr,rperty is devcloned w ith commerr._i.al tt5e_s_«sll�, Li 1.\lulsit 13-, \IPI'I) \l tster Plan for( oinntercialand Residential lltel>trzti\c ,provides for II 4 acres for cc_ater management;preserve area measured Jiorllthe top crfthc_bark, Minor adjustments may be made to the boundaries of preserve areas basal oirwetland pciiu ttlrig considerations, subject to andinaccordance with the L_Dt "1 hc-preserge area shall not be less than 9.4 Le acres. based on 251! ) of the 7.6 - acres of native vett Cation at the time of approval of Pl_ D_ Ordinance 89-82, if the .nropert. _Is developedcarib residential uses. B:f Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the LDC, except that excavation for water management features shall be allowed within twenty(20) feet from side, rear or abutting property lines, with side,rear or abutting property lines fenced. C-:1_).___The wet season water table elevation shall be established at the time of South Florida Water Management District(SFWMD)permitting. D-.1.:„ See also Paragraph 5.2.G of Section V addressing provisions for acceptance of run-off from Davis Boulevard. Collier County Af ... .. • t _ • . lbe • . . - - . ..; , force. and /or other gap housing or housing needs impact fee, mitigation, exaction, fee, contribution, linkage fee, anchor other similar tax or charge, - Words underlined are additions;words stack-through are deletions 1-75/Alligator Alley MP1JD PL20180000049 Last Revised 09!10/2018 Page 21 91'26 which COs or certificates of public facility adequacy ha - - • - -e-date-of adoption-of=this Ordinance shall not be subject to this-fi t- 53 5.75,,.fr_Land Use and Project Phasing: A. Thei hihit''�� CPUD Master Plan provides for areas of commercial use and, water management areas, and retained vegetation areas and road rights-of-way as depicted on Exhibit "A", the CPUD Master Plan.The CPUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval,based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements.All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. The anticipated time of build out of the project is approximately six (6) years from the time of issuance of tl • - . . • - . ' . . • - - - B. Exhibit _13''_ \1l'l D Masie Plan lot C otnmc,rcial and Residential Alternative, provides for areas of commercial use, residential use. water management areal retained v ceetation areas and toad r'it his-ot w t,Ni_ Exhibit L;", MPUD Master Plan for Commercial i„I „tail Residential ,\ltetrlatl\e,is designed toe flex ble }with regard_tto the placement al huiklitres, trzicts�tnd related utilities water inamuzement faciluies.;\1l tracis inay h‘ eombtned do eloped separately subtt_etto cumjlianccwith the applicable dimensionalreivirements contained within this document. l lowever. residential uses arc onty permitted on the tact ledC :Ram. °.7 Landscaping Preserves may .be used u) satisfy thelandscapc buffer requirements after Exotic ae etation lentos al in accordance with LDA: sections 4 06.(12 and 4 0.05E .I Supplemental plantings \firth ii itive plant materials shall be in accordance u_ith1 Dl.seetiim_i ith_07. 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W .T,r, ,n / "' >Y Op --- ..: T+P€ D9ViiER � 3H F > ',,';'.?1• •�M 'D 'n q � pAV15 BOUL EVARD(STATE ROAD No. S-84) ' o ' o L $A <ami'' a C - ' I -1' i I IIri;yNNA.Pb13 AN; i ib - zy�a4� ¢ 1T7 I L_r , .i I I I I.�M 4 � . maa �� m! — $ Uf G '^' r N d n n n NOr Ni_a'7.""MIAv c 1Ab b y paiy i • 1 I m O 6 KMI+Fh JC-iONgvy,- ,.2 `A„e N u Tk "ii' •gg* ', I IV 5 a el z aoFL or $ F F 'a ' A ¢ Y $ s • mo - g F 8 ' ” 1i $1 • lQl .<r' z pi ' T E ^ jt aC<,vDC7 , F s e $F • i',4%,!!, :Z ., m � r" R AFsR $ ` IM1 a C2y1<y" Qy ON ` A ^'J � n ' nnm�1I OSO 1 EXHIBIT "RC" LEGAL DESCRIPTION A parcel of land located in the East 1/2 of Section 34, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast comer of Section 34, Township 49 South, Range 26 East, Collier County, Florida; thence run North 00°32'14" West along the East line of the Southeast quarter of the said Section 34 for a distance of 50.00 feet; thence run North 89°46'4" West, parallel with the South line of the Southeast quarter of the said Section 34 and along the Northerly right-of-way line of State Road 84 (previously known as State Road 858)for a distance of 455.36 feet to the POINT OF BEGINNING of the parcel of land herein described; thence continue North 89°46'14" West along the Northerly right-of-way line of State Road 84 for a distance of 863.63 feet; thence run North 00°26'6" West for a distance of 2,071.97 feet to a point of intersection with the Southerly right-of-way line of State Road No. 93 (Interstate 75) as the same is shown on State of Florida Department of Transportation right-of-way map for Florida State Road No. 93 (1-75) Section 03175-2409, Sheet 6; thence run South 63°27'12" East along said right-of-way line for a distance of 146.86 feet; thence ran South 52°20'28" East along said right-of-way line for a distance of 536.53 feet;thence ran South 45°13'56" East along said right-of-way line for a distance of 645.39 feet; thence ran South 23°17'0" East along said right-of- way line for a distance of 332.81 feet; thence ran South 02°46'25" East along said right-of-way line for a distance of 630.50 feet; thence ran South 11°15'9" East(South 11'12'43" East per F.D.O.T. Map)along said right-of-way line for a distance of 69.56 feet to a point located 275.00 feet North of, as measured at right angles to,the South line of the Southeast quarter of the said Section 34, and a point on the North line of that parcel of land described in O.R. Book 699 at Page 1723 of the Public Records of Collier County,Florida;thence ran North 89°46'4"West,parallel with the South line of the Southeast quarter of the said Section 34 for a distance of 157.32 FEET TO A POINT LOCATED 300.00 feet Westerly of, as measured at right angles to, the East LINE OF THE SOUTHEAST quarter of the said Section 34, and a point on the Easterly line of that parcel of land described in O.R.Book 588 at Page 1805 of the Public Records of Collier County, Florida; thence ran North 00°32'14" West, parallel with the East line of the Southeast quarter of the said Section 34 for a distance of 124.87 feet to a point on a circular curve concave to the Southeast whose radius point bears South 12°00'29" East therefrom; thence ran Southwesterly along the arc of said curve to the left, having a radius of 224.66 feet, through a central angle of 78°3'45", subtended by a chord of 284.38 feet at a bearing of South 38°43'39" West,for a distance of 307.92 feet to the end of said curve;thence ran South 00°32'4" East,parallel with the East line of the Southeast quarter of the said Section 34 for a distance of 102.63 feet to the beginning of a tangential circular curve, concave to the Northeast; thence run Southeasterly along the arc of said curve to the left, having a radius of 25.00 feet, through a central angle of 89°14'00",subtended by chord of 35.12 feet at a bearing of South 45°09'4" East, for a distance of 38.94 feet to the POINT OF BEGINNING. Containing 40.79 acres, more or less. Words underlined are additions;words sfrueli-through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 25 of 26 0 EXHIBIT"CD" LIST OF REQUESTED DEVIATIONS FROM LDC A deviation is granted from the requirements of Section 4.06.02D. Standards, for retention and detention areas in buffer yards, referenced in Subsection of 4.06.02(D)5.a. of the LDC which states "The shape of a manmade body of water, including retention and detention areas, must be designed to appear natural with curvilinear edges", the referenced Standard is the re-vegetated areas to be provided in the preserve areas of shrubs and grasses to be planted along the perimeter of the water management pre-treatment areas. 2. A deviation is granted from Subsection 4.06.05 H of the LDC that requires the toe of the slope to be set back a minimum of five feet from the edge of the right-of-way or property line, to allow the toe of the existing berm that was constructed in 1990 as part of the previously approved South Florida Water Management District permit to be located on the property line. 3. A deviation is granted from the requirements of Subsection 4.02.23D1.a. of the LDC, Development in the Activity Center#9 Zoning District that requires a buffer 25 feet in width, (a Type "D"buffer) is only applicable to vacant lots west of the Taco Bell site. The existing ten-foot buffer in front of Taco Bell and McDonald's site shall remain 10 feet in width as originally approved and developed. I Rli t ltomI.D( Section 305U,.f1 1c_i1jh1,_C_reatedpreserves,_which rcAairc' that 'Approval ireatat>ieseryes may he used to recreate not more than two acres of the lequiredpresery s if the promrtvhas equal to or greater than twenty acres and less than eighty acres of cristin rit ititic ycu'ctation , to allow Forthe creation and/or replatititu4 01 3.29 2 aticm prc-,u\al ion area. 5 _--Relief from LW: Section 3M5,07.i I (d)_ Preserve 'stand ird>;which requires that "no individual residential or commercial rut, p beer lines or other easements including hut, not limited to, utility Or tcwcss easements that ILL not compatible with ilio able uses inpreserve rr a, maykrajeet into xese yc _to uIIo a water maniigemcntfacilities, berms, Lind ( County utrlitv easements to be located within the nitive \e.,Yctation pros t‘at)f)l1 cta�l, a deputed on thgew aster Plan, () Rc hcf iron) l I)( 3 05 07.1i ? lt,it t j Which states that"when .tormw iter dischirt,tes are allowed ill pteserves, the associated storniwater facilities such is herlm, s\vales, or outfall stiuctuies, tna. 'ticlocated ;vlthinthe preserve, but the arca of such foetlttics cannot.count inv rd/ thc n.f(ive vCzetluion j71 s rvatton requirement pursuant to section 105,0 7,"to allow for berms to eount toward the minimum native vegetation so as longi ,y recreated in accordance ._ as rbcs art with t.O( section 3.05,0 7.1 L t.e. Words underlined are additions;words Hugh are deletions 1-75/Alligator Alley MPUL)PL20180000049 Last Revised 09/10/2018 Page 26 0126 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink pisper. kliAt h to“11,Z1h4l(loetiMehl, I he completed(MA102 slip and original dneunient,are to be hirviardet1 in the(aunt) ‘thirney Mice at the tune the item i,placed at the auenda. kII CII(npieted muting slips and ,i-iginial documents must he reeds ed in the(minty Attorney Office no later 'ball \Iiinila, preceding the Hoard meeting, **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception ol the Chairman's signature,draw a line through routing lines ti I through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (list in routing order) Office Initials Date 1. , . 2. 3 County Attorney Office County Attorney Office . / ,i 4 1 407ak yit , 4. BCC Office Board of Countytiok.) - 1 1O-36F Commissioners ...) 5. Minutes and Records Clerk of Court's Office '--R.IN 10(% es 2:23p -rn PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary Primary contact information is needed in the event one of the addressees ahosc,may;iced to contact stall for additional or missing information. Name of Primary Staff — ts..,.41,-I El.1.1 I.% Phone Number Contact/ Department (.;,-,.,,.:1-u., t-1 e-7-,4.s.r)h......-# aor..11_,..,f 2.3G 2-6-2_— L. a) Agenda Date Item was Agenda Item Number Approved by the BCC Cr4'C 11.)A.e- 2_2, 4 i,i y I-7, B ...., Type of Document Number of Original Attached O rc)i 3,,..").—r,c „?,0 ig--so-n Documents Attached ) PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. . (Initial) Applicable) I. Does the document require the chairman's original signature? hc..,- 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet. N I A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the BoardN IA 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. IF 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 71- 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents arc time sensitive and require forwarding to Tallahassee within a certain --- time frame or the BCC's actions are nullified. Be aware of your deadlines! 11' 8. The document was approved by the BCC on j2-i,-pc and all changes made during the NiAit AO meeting have been incorporated in the attached document. The County Attorney's , i ::-*;' 6',!,-,$,',1fill' Office has reviewed the changes, if applicable. hr lit': 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for th Chairman's signature. I. Immisi County Forms/BCC Forms/Original Documents Routing Shp WWS Original 9,03,04.Revised 1_26.05„Revised 2 24,05; • ' . 11/30/12 1 7 ORDINANCE NO. 18- 50 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 07-26, AS AMENDED, THE I-75/ALLIGATOR ALLEY CPUD, TO ALLOW FOR THE DEVELOPMENT OF UP TO 425 MULTI-FAMILY DWELLING UNITS IN ADDITION TO THE EXISTING PERMITTED MAXIMUM 265,000 SQUARE FEET OF OFFICE AND RETAIL USES AND A 107 ROOM MOTEL, SUBJECT TO A MAXIMUM OF 1,172 TWO-WAY P.M., PEAK HOUR TRIPS FOR THE ENTIRE PUD; TO ADD AN ADDITIONAL MASTER PLAN TO REFLECT THE SITE LAYOUT IF THE PROPERTY IS DEVELOPED WITH BOTH RESIDENTIAL AND COMMERCIAL USES, AND TO LIMIT RESIDENTIAL USES TO THE AREA IDENTIFIED AS "C/R;" TO ADD DEVELOPMENT STANDARDS FOR RESIDENTIAL USES; TO MODIFY DEVELOPMENT COMMITMENTS RELATING TO ENVIRONMENTAL, TRANSPORTATION, UTILITIES, WATER MANAGEMENT, AFFORDABLE HOUSING, AND LAND USE AND PROJECT PHASING REQUIREMENTS; AND TO ADD DEVIATIONS RELATING TO PRESERVE STANDARDS. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF THE COLLIER BOULEVARD AND DAVIS BOULEVARD INTERSECTION, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.8± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PL20180000049) WHEREAS, on February 13, 2007, the Board of County Commissioners approved Ordinance Number 07-26, the I-75/Alligator Alley Commercial Planned Unit Development (the "PUD"); and WHEREAS, Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., and D. Wayne Arnold of Q. Grady Minor & Associates, representing Thompson Thrift Development, Inc., petitioned the Board of County Commissioners to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: [18-CPS-01760/1433685/1] 1 of 2 10/3/18 7 SECTION ONE: Amendment to the PUD Document of Ordinance No. 2007-26, as amended The PUD Document attached as Exhibit "A" to Ordinance No. 2007-26, as amended, is hereby amended to read as follows: See Exhibit "A", attached hereto and incorporated herein by reference. SECTION TWO: 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 d-3—day of 4- t, , 2018. ATTEST: BOARD OF CO .' TY COMMI •NERS CRYSTAL K. KINZEL, CLERK COLLIER C�. FLOR 2,0V By: A : ttestasltrd Andy Solis, Chairman at an1 . Approve as to Tor and legality: tA10/3/1,6 Scott A. Stone Assistant County Attorney Attachments: Exhibit A–PUD Document This ordinance f:!e-. with t'-, Secretory� of 5rt3ts;'; Of;.ct qday of rtbu-.,Q©L-.. . and acknowledgement o4 +l^.:.t filing received this --7 city ofr��NX eZFit By WPutY�'e; I [18-CPS-01760/1433685/1] 2 of 2 10/3/18 1 7 B 1-75/ALLIGATOR ALLEY GRUDMPUD A COMMERCIAL MIX ED-USE PLANNED UNIT DEVELOPMENT Prepared for: Randall Benderson 1993-1 Trust and WR-I Associates, Ltd. Prepared by: ROBERT L. DUANE, A.I.C.P. R. BRUCE ANDERSON, ESQ. HOLE MONTES, INC. ROETZEL & ANDRESS, L.P.A. 950 ENCORE WAY AND 850 PARK SHORE DRIVE NAPLES, FLORIDA 34110 TRIANON CENTER- 3RD FL. 239-254-2000 NAPLES, FLORIDA 34103 239-649-2708 Amended 2018 BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 Via Del Rey, Bonita Springs, F1. 34134 and COLEMAN, YOVANOVICH AND KOESTER, P.A. 4001 Tamiami Trail North, Suite 300, Naples, FL 34102 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Exhibit A Words underlined are additions;words struele-t4ough are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 1 of 26 1 7 13 TABLE OF CONTENTS Page LIST OF EXHIBITS AND TABLES i43 SECTION I- STATEMENT OF COMPLIANCE, PROPERTY 4-44 SECTION II- OWNERSHIP,LEGAL DESCRIPTION, 246 SHORT TITLE, PROJECT DEVELOPMENT, STATEMENT OF UNIFIED CONTROL SECTION III- PRESERVE SUBDISTRICT 3-4-7 SECTION IV- PERMITTED USES AND DIMENSIONAL 4-4-8 STANDARDS FOR COMMERCIAL DEVELOPMENT SECTION V- DEVELOPMENT COMMITMENTS 5-1-15 Words underlined are additions;words struelcureugh are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 2 of 26 1 E? LIST OF EXHIBITS AND TABLES EXHIBIT "A" CPUD MASTER PLAN EXIBBIT "B" MPUD MASTER PLAN FOR COMMERCIAL /RESIDENTIAL ALTERNATIVE EXHIBIT"BC" LEGAL DESCRIPTION EXHIBIT "CD" LIST OF REQUESTED DEVIATIONS FROM LDC Words underlined are additions;words struck through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 08/01/2018 Page 3 of 26 1 7 8 SECTION I STATEMENT OF COMPLIANCE The purpose of this section is to set forth the intent of the 1-75 and Alligator Alley Development Corporation,Inc.,on 40.8 acres of land located in a part of Section 34,Township 49 South,Range 26 East, Collier County, Florida. The name of this project shall be the "I-75/Alligator Alley Commercial Planned Unit Development(CPUDMPUD)". The development of the GMPUD will be in compliance with the Planning Goals and Objectives of Collier County as set forth in the Growth Management Plan for the following reasons: 1. The subject property is located in an area identified as Interchange Activity Center #9 in the Growth Management Plan for Collier County. 2. Activity Centers are the preferred locations for the concentration of commercial activities and permit residential development up to a maximum of 16 duiacre based on the project acreage within the Activity Center. 3. The subject tract is located at the intersection of Davis Blvd. (State Road 84),County Road 951, and 1-75, which affords the site access for the placement of commercial activities and multi-family residential dwellings. 4. The project shall be compliance with all applicable County regulations including the Growth Management Plan. 5. The project will be served by a complete range of services and utilities as approved by the County. 6. The proposed project is compatible with and complimentary to existing and surrounding future land uses as required by Policy 5.4 of the Future Land Use Element. Adjacent property to the west is zoned for the East Gateway PUD, a non-residential PUD, and the adjacent land to the East is Zoned C-4. 7. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 8. The proposed development will result in an extension of community facilities and services as required by Objective 2 and Policy 5.3 of the Future Land Use Element. 9. The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 14 Words underlined are additions;words struck through are deletions �, 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 4 of 26 Q 178 10. The FLUE for Interstate Activity Center allows a maximum of 55% of the total area of Interchange Activity Center#9 or 347.875 acres to be developed with commercial uses in the Interchange Activity Subdistrict. At the time of this application for rezoning, 8.35 acres is available for future retail commercial development in Interchange Activity Center #9. Therefore, the proposed GMPUD can be found consistent with this provision of the FLUE. 11. All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Section 6.02.01 of the Land Development Code* (LDC) and further required by policy 2.3 of the FLUE. 12. Development of the 1-75 Alligator Alley GMPUD will be consistent with the Activity Center#9 Interchange Master Plan. 12 Words underlined are additions;words struelf-ihrough are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 5 of 26 • 1 1 SECTION II PROPERTY OWNERSHIP,LEGAL DESCRIPTION, SHORT TITLE,PROJECT DEVELOPMENT, STATEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP The undeveloped portion of the subject property is currently owned by: -• :- - -- .. 9 _ - , , - dated September 22, 1993,known as the Randall Benderson 1993 1 Trust 95 FLRPT LLC 93 FLRPT LI,C , 951 Commerce Center Property Owners Association, Inc., and WR-1 Associates,Ltd. The motel is owned by LaQuinta Properties,Inc. One fast food restaurant is owned by McDonald's Corp., and the Taco Bell restaurant is owned by Tromble and CompanyWalnut properties at the time of the Application for rezoning. 2.2 LEGAL DESCRIPTION The legal description is set forth as Exhibit"BC". 2.3 SHORT TITLE The name of this project shall be known and cited as the"1-75/Alligator Alley Commercial Mixed-Use Planned Unit Development(GMPUD)". 2.4 PROJECT DEVELOPMENT — The property is located on the north side of Davis Boulevard to the west of Collier Boulevard and bounded by 1-75 to the north. The subject property is also located in the southwest quadrant of 1-75, Exit 15 Interchange and further located in Section 34,Township 49 South,Range 26 East, Collier County,Florida. The existing PUD is developing with commercial uses that, at the time of this application for rezoning, include an existing motel developed with 107 motel units, an existing Taco Bell and an existing McDonald's restaurant. The subject property has approximately 29.4 acres more or less proposed for commercial uses and%or residential development and approximately 11.4 acres for water management. Within the water management area, 6.12 acres will be re-vegetated if the property is developed solely with commercial uses and 9.41 acres will be re-vegetated if the property is developed with residential uses. The site drains from the south to the north and under 1-75 to the Golden Gate Canal. The elevation of the property ranges from 9 to 13 NVGD. Access to the property is provided from two access points onto Davis Boulevard. Access is also proposed to be shared with the non- residential East Naples Gateway PUD, located to the east west of the subject property. A maximum of 265,000 square feet,of gross leasable commercial space and 425 multi-family residential dwellini units shall be permitted by this GMPUD, sub'ect to the tri count in Section 5.2.K. 2.5 STATEMENT OF UNIFIED CONTROL — This statement represents that the current property owners, 95 FLRPT LLC , 93 FI.RPT LLC, 951 Commerce Center Property Owners Association, Inc., ' : E . . . D. •: -. . .. . ' . - . trust agreement dated September 22, 1993,known as the Randall Benderson 1993 1 Trust and WR-1 Associates, Ltd have undeveloped portions of the GMPUD under unified control for the purpose of obtaining GMPUD zoning on the subject property with the exception of the existing motel and two existing fast food restaurants no longer under the Words underlined are additions;words through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 6 of 26 0 ownership of this applicant for EMPUD rezoning. The rezoning will not affect the existing development. 21 Words underlined are additions;words struck-through are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 7 of 26 a)) 6..a SECTION III PRESERVE SUBDISTRICT 3.1 PURPOSE The purpose of this Section is to identify development standards for the preserve areas as shown on Exhibit "A", CPUD Master Plan, and Exhibit "B", MPUD Master Plan for Commercial and Residential Alternative. 3.2 PERMITTED USES The CPUD and MPUD Master Plans provides for 6.12 acres and 4-L49.41 acres respectively, for Water Management/Preserve Area, measured from the top of the bankproperty line. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations, subject to and in accordance with the LDC. However, the Preserve Area shall not be less than 6.12 acres, based on 15% of the entire 40.8 acre site if the property is developed. solely with commercial uses, and 9.41 acres if the property is developed with residential uses, based on 25% of 37.6 acres of native vegetation. excludine existing right-of-way. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures in accordance with Policy 6.2.6 of the Conservation and Coastal Management Element of the Growth Management Plan: A. Permitted Uses and Structures 1. Passive recreation areas that do not reduce the amount of required vegetation. 2. Water management and water management structures. 3. Mitigation areas. 4. Boardwalks and trails that do not reduce the amount of required vegetation to be preserved. 31 Words underlined are additions;words struek-through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 8 of 26 • SECTION IV PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL AND R ES1DEN T I AI, DEVELOPMENT 4.1 Purpose: The purpose of this Section is to delineate the development regulations that accompany the conceptual Master Plans depicted in Exhibit "A" and Exhibit "B". 4.2 Maximum Development Intensity: The maximum development intensity allowed shall be 425 multi-family dwelling units, two hundred and sixty-five thousand (265,000) square feet of gross leasable area of office or retail uses excluding the existing motel approved for 107 units or any future motels, or any combination thereof not to exceed the trip count in Section 5.2.K. The motel site is a 2.14- acre parcel that utilized 2.01 acres of the Preserve Area to achieve the permitted number of units at the time the site plan was approved, and both these areas are depicted on the Master Plans depicted in Exhibit -A- and Exhibit "B". If the OR Tract. as depicted on the Exhibit B Master Plan,is developed with both residential and commercial uses, commercial uses on that tract shall be limited to the followino commercial uses: Group 4225 Mini warehouses, air conditioned only (Shall not be permitted immediately adjacent to the right-of- way of the Interstate+) Groups 4812-4841 Communications services, includiu&towers subject to the L DC Major Group 60 Depository Institutions including drive-flu-ono-It banking l'aei lilies Major Group 61 Non-depositor. Credit Institutions Major Group 62 Security and Conimodity Brokers„ Dealers, Exchange_ and Services Major Group 63 Insurance Carriers Major Group 64 Insurance Agents; Brokers and Service Major Group 65 Real Estate Ma or Grou 72 Personal Services, Excepting Funeral Service and Crematories (7261) Major Group 73 Business Services, Excepting Outdoor Advertising Services Group 7991 Physical Fitness Facilities Groups 801,802, Medical Practitioners' Offices 803 and 804 GrourAl Ii Legal services Group 871 Engineering„Architectural and Surveying Services Groups 8711-8748 Professional consulting services Group 872 Accountimz. Auditing and Bookkeuingi;ervices Group 874 Management and Public Relations Services Words underlined are additions;words strucic through are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 9 of 16 1 7 8 4.3 General Description of the CPUD Conceptual Master Plans (acreages are approximate and will he determined at the time of SDP or Plat): Type of Use Amount of Acres Preserve/Water Management ± 11.4 acres * Commercial/Residential Area ± 29.4 acres*** Right-of-Way ± 2.9 acres ** Other, Buffer Areas and Open Space + 8.7 acres ** TOTAL: ± 40.80 acres * Exhibit "A" contains 6.12 acres of preserve/water management area to be re-vegetated if developed with commercial only. Exhibit "B" contains 9.41 acres of preserve/water management area to be re-vegetated if devel1oted with residential. ** contained within the commercial area ***Residential uses may only be developed. within the area identified as the 2018 PUD Amendment Area on Exhibit "B". 4.4 Uses Permitted: t No building or structure, or point thereof, shall be erected, altered or used, in whole or in part other than the following: 11 Words underlined are additions;words struckough are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 10 of 26 411) 1 7 A. Commercial Principal Permitted Uses (Listed by SIC): DIVISION A AGRICULTURE Groups 0742, 0752 Veterinarian services, exclusive of outside kenneling DIVISION D MANUFACTURING Group 752 Commercial Printing, exclusive of newspapers DIVISION E TRANSPORTATION, COMMUNICATIONS, ELECTRIC, GAS and SANITARY SEWERS Group 4225 General Warehouses and Storage, including mini warehouses (Shall not be permitted immediately adjacent to the right-of- way of the Interstate.) Group 4311 Post Offices as permitted in the Zoned District-C2, exclusive of major distribution centers Group 4724 Travel Agents Groups 4812-4841 Communications services, including towers subject to the LDC DIVISION G RETAIL Major Group 52 Building Materials, Hardware, Garden Supply, Excepting Mobile Home Dealers (527) Major Group 53 General Merchandise Stores Major Group 54 Food Stores Group 5531 Auto and Home Supply Stores Group 5541 Gasoline Service Stations Accessory Use only Group 5571 Motorcycle Dealers Major Group 56 Apparel and Accessory Stores Major Group 57 Home Furniture, Furnishings, and Equipment Stores Major Group 58 Eating and Drinking Places, subject to location requirements for sale of alcoholic beverages of the LDC Major Group 59 Miscellaneous Retail, Excepting Fuel Dealers (598) DIVISION H FINANCE, INSURANCE and REAL ESTATE Major Group 60 Depository Institutions including drive-through banking facilities Major Group 61 Non-depository Credit Institutions Major Group 62 Security and Commodity Brokers, Dealers, Exchange and Services Major Group 63 Insurance Carriers Major Group 64 Insurance Agents, Brokers and Service Major Group 65 Real Estate DIVISION I SERVICES Group 7011 Hotels and Motels Major Group 72 Personal Services, Excepting Funeral Service and Crematories (7261) Major Group 73 Business Services, Excepting Outdoor Advertising Services Major Group 75 Auto Repair including carwashes Accessory Uses only Major Group 76 Miscellaneous Repair Services Group 7841 Video rental Group 7991 Physical Fitness Facilities '12 Words underlined are additions;words struelc-through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 11 of 26 2,1 7 B1 Groups 801, 802, Medical Practitioners' Offices 803 and 804 Group 8111 Legal services Group 871 Engineering, Architectural and Surveying Services Groups 8711-8748 Professional consulting services Group 872 Accounting, Auditing and Bookkeeping Services Group 874 Management and Public Relations Services .ivote: Outside storage and di.v2lay shall not be permitted with the e.v puan that.,ur•den centers with covered storage of materials and troducts•shall he >e mitted. B. A maxitn<<»>,._(4 425 multi-family residential dwelling units (subject to a minimum lease of 7 months). Residential accessory uses: a) . Accessory uses and structures customarily associated with the principal residential uses permitted in this MPUD, including but not limited to garages, carports, swimming pools, spas, screen enclosures, fitness centers, tot lots, dog parks and utility buildings. b) Model units including sales trailers and offices for residential project administration, construction, leasing and marketing. An 'other accessory use which is coir_arable in nature with the fore_oi.n_ residential uses and consistent with the permitted accessory uses of this M.PUD as determined. by the Board of Zoning Appeals or the 1.1earing Examiner. B. Outside storage and display shall not be permitted, with the exception that garden centers with covered storage of materials and products shall be permitted. C. Any other permitted uses which are comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the Board of Zoning Appeals. 4.5 General Permitted Uses: Certain uses shall be considered general permitted uses throughout the 1-75 Alligator Alley CMPUD except in the preserve areas. General permitted uses are those uses which generally serve the development and end users of the 1-75 Alligator Alley project and are typically part of the common infrastructure or are considered community facilities. 1. Essential services as set forth in the LDC. 2. Water management, water management facilities and related structures. 3. Lakes,including lakes with bulkheads or other architectural or structural bank Words underlined are additions;words^'µ•ugh are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 12 of 26 B treatments. 4. Temporary construction, sales, and administrative offices for the developer and the developer's authorized contractors and consultants, including necessary access ways,parking areas, and related uses. 5. Landscape features including, but not limited to, landscape buffers, berms, fences, and walls subject to the standards set forth in this MPUD Ordinance. 6. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this CMPUD, as determined by the Board of Zoning Appeals. 4.6 Development Standards: A. Commercial Principal Structure Standards: Table 1 below sets forth the development standards for commercial land uses within this GMPUD. Standards not specifically set forth herein shall be those specified in additional sections of the LDC in effect as of the date of the approval of the site development plan or subdivision plat. /1 3 Words underlined are additions;words ~•�are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 13 of 26 TABLE 1 —COMMERCIAL DEVELOPMENT STANDARDS 1 Front yard Twenty five(25) feet setback 2 Side yard Fifteen(15) feet or one-half the building height, whichever is greater setback Minimum distance 3 Same as side yard requirements between structures 4 Rear yard One-half the building height as measured from an exterior wall. setback The maximum density allowed for the existing motel on Lot 6, Plat of 951 Commerce 5 Motel Density Center, Plat Book 17, Pages 1 and 2 is 26 units per acre based on it's prior SDP approval And intensity that utilized 2.01 acres depicted on the CPUD Exhibit"A"and"B"Master Plan:;to achieve its allowable density. For all unimproved lots the maximum floor area ratio shall be .60. Minimum 6 floor area, all One thousand(1000) square feet commercial uses Maximum 7 Not to exceed fifty(50) feet height Minimum lot 8 Ten thousand (10,000) square feet size 9 Setback from Twenty five (25) feet for principal structures and ten (10) feet for accessory Preserve Areas structures 10 Minimum Lot One hundred (100) feet Width Should industrial uses develop within this CMPUD and are visible from 1-75, an 11 Industrial Uses eight-foot high masonry wall shall be provided along I-75. See Section 34.4 for permitted Industrial Uses. 4-4 Words underlined are additions;words struek-through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 14 of 26 B B. Commercial Accessory Structures: TABLE 2 —ACCESSORY STRUCTURES FRONT 20' SIDE 15' REAR 15' PRESERVE SETBACK 10' DISTANCE FROM 1/2 B.H. PRINCIPAL STRUCTURE MAX. STORIES/BLDG 2 STORIES or HT. NOT TO EXCEED 25 feet BH: Building Height GENERAL: Except as provided for herein, all criteria set forth shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. C. Residential Development Standards: I. Table 3 sets forth the development standards for residential land uses within this MPUD. Standards not specifically set forth herein shall be those specified in additional sections of the LDC in effect as of the date of the approval of the site development plan or subdivision plat. 2. Guardhouses, gatehouses, access control structures, clock towers, knees, walls, columns, decorative hardscaping or architectural embellishments associated with. the project's entrance features are permitted within the "C/R" designated areas abutting the project's entrance, or within the private roadway as depicted on Exhibit"B". MPUD Master Plan for Commercial and Residential Alternative, and. shall have no required setbacks: however, such structures cannot he located where they create vehicular stacking or sight distance issues for motorists and pedestrians, and cannot exceed 35 feet in zoned height and 40 :feet in actual height. Words underlined are additions;wordsruugh are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 15 of 26 1 7 B TABLE 3 RESIDENTIAL DEVELOPMENT STANDARDS STANDAFiDS MULTI-FAMILY AMENITY AREA PRINCIPAL STRUCTURE Minlmum Floor Area 100 S.F. NJA Minimum Lot Area N/A 10,000 Minimum Lot Width N/A N/A Minimum Lot Depth N/A N/A Maximum Height Zoned 60 feet fo(,t- Actu SETBACKS Minimum Front Y-;rcL 15 teet 15 feet Minimum Side Yard 10 feet 10 feet 10 feet from Perimeter Buffer or 0 10 feet from Perimeter Buffer or 0 Minimum Rear Yard feet from LMT feet from LMT Minimum from Western PUD 100 feet 100 feet Boundary Minimum Preserve 25 feet 25 feet Minimum Distance Between Yz the ,,1!:r- of buildin: hei:hts 10 feet Structures ACCESSORY STRUCTURE Maximum Height Zoned 35 feet 35 feet Actual 40 feet 40 feet SETBACKS Minimum Front Yard SPS SPS Minimum Side Yard SPS SPS 0 feet from Perimeter Buffer or 0 feet from Perimeter Buffer or fOinimum Rear Yard LMT LMT Minimum from Western PUD 100 feet 100 feet Boundary Minimum Preserve 10 feet 10 feet SPS-Same as Principal Structure LB!' Landscape Buffer tract(shall be platted as separate tract) LMT--Lake Maintenance Tract(shall be platted as separate tract) Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Landscaping All landscaping shall be in accordance with the requirements of the LDC. Perimeter buffering shall be provided in accordance with the LDC. The CPUD MPUD is not subject to the requirements of Section 4.06.02.D5a of the LDC in order to allow Words underlined are additions;words stFuelc-threugh are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 16 of 26 12) 7 L configuration of water management areas including retention areas for all development, to allow the edge of the water body to be shown as depicted on the Exhibit "A".CPDD Master Plan, and Exhibit"B", MPUD Master Plan for Commercial and Residential Alternative. The required trees within the 25-foot buffer shall be installed on the 1-75 and CR-951 side of the berm. The existing berm will remain in its present location and will be repaired (placement of additional fill) to bring the top to the proper elevation prior to landscaping. Curvilinear plantings along the edges of those areas comprised of shrubs and grasses, which will be varied in width to give a natural appearance, shall be incorporated within the two water management pretreatment areas, as depicted on the Exhibit "A" CPUD Master Plan, and Exhibit "B". MPUD Master Plan for Commercial and Residential Alternative. The C rIPUD shall also meet the applicable requirements of the LDC pertaining to the Activity Center#9 Zoning Overlay District. The requirement for a 25-foot Type D buffer along Davis Boulevard shall only be applicable to vacant lots west of the Taco Bell site. The existing ten-foot buffer in front of the Taco Bell and McDonalds sites shall remain as originally approved. (See also Deviation#3, Exhibit CD) 45 D:E. Common Area Maintenance: Common area maintenance, including the maintenance of common facilities, open spaces and water management facilities shall be the responsibility of the property- owners' association established by the developer. €-F. Architectural Guidelines: All commercial development shall meet the requirements of the LDC including the requirements of the LDC pertaining to the Activity Center #9 Overlay District and shall be in conformance with the Interchange Master Plan for Activity Center#9. The principal buildings shall be required to have three primary facades to the north, south, and east. 4--6 Words underlined are additions;words struelc-through are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 17 of 26 178 SECTION V DEVELOPMENT COMMITMENTS 5.1 Environmental Standards A. A 6.12-acre preserve area depicted on Exhibit "A" the CPUD Master Plan shall be re- vegetated in accordance with the requirements of the LDC if the property is developed soley with commercial uses. B. A 9.41-acre preserve area depicted on Exhibit"B",MPUD Master Plan for Commercial and Residential Alternative, shall berevegetated in accordance with Deviation w4, if the property is developed with residential uses. B. A fence shall be installed along the perimeter of the preserve area depicted on the CPUD Master Plan in accordance with Collier County requirements until such time as the vegetation has matured. C. A Preserve Area Management Plan shall be provided to the Environmental Services Department for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. D. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants in perpetuity shall be the responsibility of the property owner. E. All conservation areas shall be designated as tracts/easements with protective covenants. If the property is platted, easements shall be dedicated on the plat to the property-owners' association for ownership and maintenance and to Collier County with no responsibility for maintenance. F. Berms and swales shall not be located within preserve area boundaries, if the property is developed with commercial uses only. as depicted on Exhibit "A". 0. Bean s;_s alesand. county utility easements may be located within preserve area boundaries with the approved deviation 5, if the property is developed with residential uses, as depicted on Exhibit"B". 5.2 Transportation Requirements A. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first certificate of occupancy(CO). B. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the Words underlined are additions;words struck through are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 18 of 26 1713 developer and the County shall have no responsibility for maintenance of any such facilities. C. If, in the sole opinion of the County Transportation Division Staff, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to the County before the issuance of the first CO. 51 D. The adjacent development to the west has have been designed to provide shared access or interconnections with this development. The CPUDExhibit "A" and "Er Master Plans indicates this location. The developer,or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. E. A directional median opening shall be constructed onto Joyrose Place in accordance with FDOT Standards at such time as improvements are made to Davis Blvd. that are anticipated to be made by the end of 2009. The left hand turn lane for this directional median will be approximately 390 feet in length. F. The directional median opening constructed on Joyrose Place may be temporary and subject to change or removal by FDOT at the time the Davis Boulevard widening project or future development commences. G. This GMPUD shall retain water management storage and treatment for two acres of right-of-way for the six laning of Davis Boulevard. In the alternate an equivalent amount of water can be stored and treated within the water management system for the widening of Collier Boulevard if the FDOT does not have an interest in one acre of storage area for the widening of Davis Boulevard, and the County constructs at its expense the drainage conveyance system to connect to the PUDs water management system. H. This project shall be subject to the East Central TCMA requirements, which include a selection of four transportation demand management strategies and fair share payment for impacts not to exceed 15% above impact fees. This requirement shall only be applicable for development that has not received a certificate of public facility adequacy. As of the date of the adoption of this Ordinance,certificates had been issued for 145,000 square feet of unbuilt retail development. There shall be no issuance of COs for any permitted uses until such time as improvements have been substantially completed to Davis Boulevard and it is operational under a six-lane road condition unless certificates of public facility adequacy had been issued prior to the adoption of this Ordinance. J. Additional interconnections or existing interconnections may be modified or added for an additional off-ramp from 1-75 should it be constructed at a later date. Words underlined are additions;words strueh-through are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 19 of 26 1 178 K. The maximum total trip generation for the entire PUD shall not exceed 1,172 two-way PM peak hour uips, based on the use codes in the ITE Manual on trip generation rates in effect. at the time of application for SDP/SDPA or subdivision plat approval. 17or the area labeled "2018 PUD Amendment Area (PL20180000049) on the Exhibit B Master Plan, the maximum total trip generation shall not exceed 1,023 two-way PM peak hour trips,_based on the use codes in the 1TE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision lat a royal. L No new building COs for development within the area labeled "2018 PUD Amendment Area (PL20180000049)- on Exhibit IF Master Plan will be allowed until the traffic signal under review with ROW p±:rmit PRRPW20180207335. and located at the intersection of Market Street and Davis Boulevard, is constructed and operational. 5.3 Utility Requirements A. The CPUD is currently serviced by an 8 inch water main, as well as a 12 inch force main, both on Bedzcl Circle. 52 B.A. The developer shall contribute easements of an approximate size of 10 feet by 10 feet for two well fields at the time of the final approval of the subdivision plat or site development plan approval. The first well field is located in the northwestern most - 9 .• - - : •- proposed restaurant along the eastern edge of the development. All wastewater transmission facilities shall be set back 100 feet from these well field areas as required by FDEP. A. The Owner shall convey a County Utility Easement (C'UE) to the Collier County Water-Sewer District (District) along the west side of the PUD for replacement of its existing 48" potable water transmission main along Collier Boulevard. The CUE shall be 30 feet in width and shall run adjacent to the western landscape buffer, from the southern right-of-way line of Interstate 75 south to and aligning with the eastern half of the existing 60' CUE recorded at O.R. 1552, pg. 2241. Adjustment of the CUE geometry to accommodate the developer's proposed site improvements, including but not limited to surface water mana Yernent structures and i in will be allowed. Language shall be added to the CUE instrument restricting the District's rights within the preserve to trenchless pipeline installation (e.g., horizontal directional drilling) in the event that the pipe is not installed prior to preserve planting restoration. The CUE shall be conveyed in accordance with the Collier County Utilities Standards and Procedures Ordinance at no cost to the County or District. free and clear of all liens and encumbrances, within six months of the effective date of this PUL) Ordinance. B. The Owner shall also conve a tem)orar construction easement TCE to the District within the western water management pre-treatment area as identified on_the Exhibit "A" and "BiMaster Plans. 'the ICE is needed for staging of materials and equipment associated with construction of_the,water main and shall expire upon final completion Words underlined are additions;words 5truele-through are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 20 0'26 178 of the District's water main project or upon the date of the pre-construction meeting for the PUD development with the Growth Management Department's Developynent Review Division, whichever occurs lust, unless a time extension is granted in writinv. by the Owner. The TCE shall he conveyed in a form acceptable to the County Attorney's Office at no cost to the County or District, free and clear of all liens and encumbrances,within six months of the effective date of this PUD Ordinance. 5.4 Engineering Requirements Subdivision of the site shall require re-platting in accordance with the LDC to define the right- of-way and tracts shown on the CMPUD Master Plans. 5.5 Water Management Requirements A. Exhibit "A" The CPUD Master Plan provides for 11.4 acres for water management/preserve area measured from the top of the bank. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations, subject to and in accordance with the LDC. The preserve area shall not be less than 6.12 acres, based on 15% of the entire 40.8 acre site, if the property is developed with commercial uses only. B. Exhibit "B", MPUD Master Plan for Commercial and Residential Alternative, provides for 1 l.4 acres for water management/preserve area measured from the top of the bank. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations, subject to and in accordance with the LDC. The preserve area shall not he less than 9.41± acres, based on 25% of the 37.6+ acres of native vegetation at the time of approval of PUD Ordinance 89-82, it' the property is developed with residential uses. 137C. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. The wet season water table elevation shall be established at the time of South Florida Water Management District (SFWMD)permitting. DE. See also Paragraph 5.2.G of Section V addressing provisions for acceptance of run-off from Davis Boulevard. 5.6 Affordable Housing Requirement: • . - • . . • - e . . : . - force, and /or other gap housing or housing needs impact fee, mitigation, exaction, fee, Words underlined are additions;words struck through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 21 of 26 1 7 applicable to the CPUD property. Gross leasable square footage attributable to the project for which COs or certificates of pylic facility adequacy have been issued prior to the date of 53 5.75.6 Land Use and Project Phasing: A. Thel?x.hibit "A" CPUD Master Plan provides for areas of commercial use and, water management areas, and retained vegetation areas and road rights-of-way as depicted on Exhibit "A", the CPUD Master Plan.The CPUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval,based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements.All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. The anticipated time of build out of the project is approximately six (6) years from the time of issuance of the first building permit, or 2012. Actual build out will depend on market conditions. B. Exhibit"B", M.PUD Master Plan for Commercial and Residential Alternative, provides for areas of commercial use, residential use, water management areas, retained vegetation areas and road rights-of-way. Exhibit "B", MPUD Master Plan for Commercial. and Residential Alternative, is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. 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FI K 8 i' A RN -•I8 yYg _ v v_Z nm vz A 1§) `2 z A c =' oN No ' �n WQ qm m ID (4 z A m n a 11! § rn 22f. 17B EXHIBIT "BC" LEGAL DESCRIPTION A parcel of land located in the East 1/2 of Section 34, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 34, Township 49 South, Range 26 East, Collier County, Florida; thence run North 00°32'14" West along the East line of the Southeast quarter of the said Section 34 for a distance of 50.00 feet; thence run North 89°46'4" West, parallel with the South line of the Southeast quarter of the said Section 34 and along the Northerly right-of-way line of State Road 84 (previously known as State Road 858) for a distance of 455.36 feet to the POINT OF BEGINNING of the parcel of land herein described; thence continue North 89°46'14" West along the Northerly right-of-way line of State Road 84 for a distance of 863.63 feet; thence run North 00°26'6" West for a distance of 2,071.97 feet to a point of intersection with the Southerly right-of-way line of State Road No. 93 (Interstate 75) as the same is shown on State of Florida Department of Transportation right-of-way map for Florida State Road No. 93 (1-75) Section 03175-2409, Sheet 6; thence run South 63°27'12" East along said right-of-way line for a distance of 146.86 feet; thence ran South 52°20'28" East along said right-of-way line for a distance of 536.53 feet;thence ran South 45°13'56" East along said right-of-way line for a distance of 645.39 feet; thence ran South 23°17'0" East along said right-of- way line for a distance of 332.81 feet; thence ran South 02°46'25" East along said right-of-way line for a distance of 630.50 feet; thence ran South 11°15'9" East(South 11°12'43" East per F.D.O.T. Map) along said right-of-way line for a distance of 69.56 feet to a point located 275.00 feet North of, as measured at right angles to, the South line of the Southeast quarter of the said Section 34, and a point on the North line of that parcel of land described in O.R. Book 699 at Page 1723 of the Public Records of Collier County,Florida;thence ran North 89°46'4"West,parallel with the South line of the Southeast quarter of the said Section 34 for a distance of 157.32 FEET TO A POINT LOCATED 300.00 feet Westerly of, as measured at right angles to, the East LINE OF THE SOUTHEAST quarter of the said Section 34, and a point on the Easterly line of that parcel of land described in O.R.Book 588 at Page 1805 of the Public Records of Collier County, Florida; thence ran North 00°32'14" West, parallel with the East line of the Southeast quarter of the said Section 34 for a distance of 124.87 feet to a point on a circular curve concave to the Southeast whose radius point bears South 12°00'29" East therefrom; thence ran Southwesterly along the arc of said curve to the left, having a radius of 224.66 feet, through a central angle of 78°3'45", subtended by a chord of 284.38 feet at a bearing of South 38°43'39" West, for a distance of 307.92 feet to the end of said curve; thence ran South 00°32'4" East,parallel with the East line of the Southeast quarter of the said Section 34 for a distance of 102.63 feet to the beginning of a tangential circular curve, concave to the Northeast; thence run Southeasterly along the arc of said curve to the left, having a radius of 25.00 feet, through a central angle of 89°14'00", subtended by chord of 35.12 feet at a bearing of South 45°09'4" East, for a distance of 38.94 feet to the POINT OF BEGINNING. Containing 40.79 acres, more or less. Words underlined are additions;words struck through are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 25 of 26 1713 EXHIBIT "CD" LIST OF REQUESTED DEVIATIONS FROM LDC 1. A deviation is granted from the requirements of Section 4.06.02D. Standards, for retention and detention areas in buffer yards, referenced in Subsection of 4.06.02(D)5.a. of the LDC which states "The shape of a manmade body of water, including retention and detention areas, must be designed to appear natural with curvilinear edges", the referenced Standard is the re-vegetated areas to be provided in the preserve areas of shrubs and grasses to be planted along the perimeter of the water management pre-treatment areas. 2. A deviation is granted from Subsection 4.06.05 H of the LDC that requires the toe of the slope to be set back a minimum of five feet from the edge of the right-of-way or property line, to allow the toe of the existing berm that was constructed in 1990 as part of the previously approved South Florida Water Management District permit to be located on the property line. 3. A deviation is granted from the requirements of Subsection 4.02.23D1.a. of the LDC, Development in the Activity Center#9 Zoning District that requires a buffer 25 feet in width, (a Type "D"buffer) is only applicable to vacant lots west of the Taco Bell site. The existing ten-foot buffer in front of Taco Bell and McDonald's site shall remain 10 feet in width as originally approved and developed. 4. Relief from LDC Section 3.05.07.Il.l.e.ii(b), Created preserves, which requires that "Approved created preserves may be used to recreate not more than two acres of the re uired reserves if the lro)ertv has e. ual to or eater than twent acres and less than eighty acres of existine native veectation", to allow for the creation and/or replanting of 3.29 acres of onsite native vegetation preservation area. 5. Relief from LDC Section 3.05.07.H.1.(d), Preserve standards, which requires that "no individual residential or commercial lot, parcel lines or other easements including but, not limited to, utility' or access easements that are not compatible with allowable uses in preserve area. may ro'eet into a reserve", to allow water management facilities, berms, and Collier County utility easements to he located within the native vegetation preservation area, as depicted on the Master Plan. 6. Relief from LDC 3.05.07.H.1.h.ii.t)which states that"when stormwater discharges are allowed in preserves, the associated stormwater facilities such as he rms wales,_pr outfall structures, matihe located within the preserve, but the area of such facilities cannot count towards the nates \-egLt c rew_preser\ition requirement pursuant to section 3_05.117," to allow for berms to count toward the minimum name,vegetation so as long as they are recreated in accordance with LDC section 3.05.07.H.1.e. Words underlined are additions;words u gh are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 26 of 26 44,0,,,,,_ -,,,. ,sr 1 7 B ....„,„ IA ,,it- FLORIDA DEPARTMENT Of STATE f _ T RICK SCOTT KEN DETZNER Governor Secretary of State October 29, 2018 Ms. Crystal K. Kinzel, Clerk Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha S. Vergara Dear Ms. Kinzel: Pursuant to the provisions of Section 125.66,Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 18-50, which was filed in this office on October 29, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us