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Backup Documents 02/24/2009 Item # 8APgp I COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc,) \r1)�yF \/ //rr L- / *k } #µyy�#}k Yt }4 Originating Dept/ Div: CDES. /Zoning Person_ Kay Deselem, AICP Date: ixr // Petition No. (If none, give brief description): PUDZ -A- 2006 -AR- 10325, Seagate Center PUD Petitioner: (Name & Address): Bob Mulhere, AICP, RWA, Inc., 6610 Willow Park Drive, #200, Naples, FL 34109 Name & Address of any pefson(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) R. Bruce Anderson, of Roetzel and Andress, 850 Park Shore Drive, Trianon Centre 3rd floor, Naples, FL 34103; Wynn Properties, Inc., 9220 Bonita Beach Rd., Bonita Springs, FL 34135 Hearing before BCC BZA Other Requested Hearing date: February 24, 2009 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (include legal description & common location & Size: Petition: PUDZ -A- 2006 -AR- 10325, Wynn Properties, Inc. and Carbone Properties of Naples, Ltd Liabiltiy Co., represented by Robert I. Mulhere, AICP of RWA, Inc., and R, Bruce Anderson, of Roetzel and Andress LPA, and Carbone Properties of Naples, LLC, represented by R. Bruce Anderson, Esq., are requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) for the Sungate Center CPUD. The project proposes a maximum of 83,000 square feet of commercial leasable floor area. The subject 10.0± acres are located on the northwest corner of the intersection of Green Boulevard and Collier Boulevard (CR 95 1) in Section 15, Township 49 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number 4500096189 for Account Number: 068779 Re vie ed by: vision Administrator or Designee Date List Attachments DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, he 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 Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: pp Date Received: film Date of Public hearing: " 1 Date Advertised: �0 � 1 i ORDINANCE NO, 09 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR THE SUNGATE CENTER CPUD FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF GREEN BOULEVARD AND COLLIER BOULEVARD (CR 951), IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.0± ACRES; PROVIDING FOR TIIE REPEAL OF ORDINANCE NUMBER 95 -42, THE FORMER SUNGATE CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert J. Mulhere, AICP of RWA, Inc. and R. Bruce Anderson, Esq. of Roetzcl and Andress, LPA, representing Wynn Properties, Inc., and R. Bruce Anderson, Esq., representing Carbone Properties of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 15, Township 49 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) to be known as the Sungate Center, PUDZA- 2006 -AR -10325 Page 1 of 2 Revised 1 -05 -09 1 , Sungate Center CPUD in accordance with the CPUD Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 95 -42, known as the Sungate Center PUD, adopted on June 20, 1995, by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety SECTION THREE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Steven T. Williams ,,,,�;�� Assistant County Attorney Y;2,tq Project History: Ordinance Number 9542 Sungate Center, PUDZ -A- 2006 -AR -10325 Page 2 of 2 Revised 1 -05 -09 SUNGATE CENTER COMMERCIAL PLANNED UNTT DEVELOPMENT PREPARED FOR: Wynn Properties, Inc. 9220 Bonita Beach Road Suite 200 Bonita Springs, FL 34135 PREPARED BY: MAT -a- 11L ♦ •i -a- Robert J. Mulhere, AICP 6610 Willow Park Drive Suite 200 Naples, Florida 34109 R. Bruce Anderson, Esquire Roetzel & Andress 850 Park Shore Drive Trianon Centre -Third Floor Naples, FL 34103 PREVIOUS ZONING APPROVALS ORDINANCE 92 — 93 ADOPTED 11/24/1992 ORDINANCE 95 —42 ADOPTED 06/2011995 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Smgm Cerd PUD, PUDZ�A- 200GAR -10325 Ravised 1/20109 i 1 TABLE OF CONTENTS List of Exhibits and Tables i Statement of Compliance 11 Section I Property Ownership, Legal Description 1 -1 Section II Project Development Requirements 2 -1 Table I 2-1 Table 11 2 -2 Section III Commercial Development Standards 3 -1 Table 1I1 3 -4 Section Development Commitments 4 -1 Sungwe CenDu PUD, PUDZ -A- 2006 -AR -10325 Revised 120109 8 LIST OF EXHIBITS EXI -IIBIT "A" CPUD MASTER PLAN EXHIBIT "B" CONCEPTUAL WATER MANAGEMENT PLAN EXHIBIT "C" UTILITY FACILITIES & OFFSITE INTERFACE EXHIBIT EXHIBIT "D" PLAN SHOWING DEVELOPER COMMITMENTS TO COLLIER COUNTY TRANSPORTATION EXHIBIT "E" LEGAL DESCRIPTION OF 0.96 ACRE RIGHT -OF -WAY CONVEYANCE EXHIBIT "F" LEGAL DESCRIPTION OF SHARED SLOPE AND CONSTRUCTION EASEMENT 9 Smgaro Cwt PUD, PUDZ -A- 2006 -AR -10325 Rwiwd 120M OA SUNGATE CENTER CPUD STATEMENT OF COMPLIANCE The development of approximately 10.00 acres of property in Collier County, Florida as a Commercial Planned Unit Development (CPUD) to be known as the SunGate Center. The CPUD shall comply with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GNP). The project is proposing a Commercial Planned Unit Development located within the Golden Gate Estates Commercial Infrll ( GGECI) Subdistrict, as identified on the Golden Gate Area Future Land Use Map (GGEFLUM), in the Golden Gate Area Master Plan (GGAMP). 1. The subject property is located on the west side of C. R. 951 between 156' Avenue S. W. and Green Boulevard and is further described as Tracts "A ", "B ", "C ", and "D ", a replat shown on the plat of SunGate Center CPUD, as recorded in Plat Book 27, pages I and 2 of the Public Records of Collier County, Florida. 2. Allowable uses set forth herein are consistent with the commercial use limitations set forth in the GGECI Subdistrict, which reads as follows: Commercial uses shall be limited to: Low intensity commercial uses that are compatible with both residential and intermediate commercial uses, in order to provide for small scale shopping and personal needs, and Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C -1, C -2, C -3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91 -102), adopted October 30, 1991. 3. As encouraged in the GGECI Subdistrict, the requested rezone is in the form of a CPUD. 4. Shared parking and access shall be provided for with in this project. 5. The project does not provide for direct access to Collier Boulevard. 6. The development will be compatible and complementary to existing and planned surrounding land uses. Smggr C.t PUD, PUDZ -A- 2006 -AR -10325 Revised 120/09 SECTION 1 LEGAL DESCRIPTION, PROPERTY OWNERSHIP, GENERAL DESCRIPTION AND SHORT TITLE 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed for development under the project name SunGate Center Commercial Planned Unit Development. 1.2 LEGAL DESCRIPTION Tracts "A ", "B ", "C ", and "D ", a replat shown on the plat of SunGate Center PUD., as recorded in Plat Book 27, pages 1 and 2 of the Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP Tract "A" is owned by Carbone Properties of Naples, Limited Liability Company, an Ohio limited liability company, 5885 Landerbrook Drive, Suite 110, Cleveland, Ohio 44124. Tracts `B ", "C ", and "D" are owned by Wynn Properties, Inc., 9220 Bonita Beach Road, Suite 200, Bonita Springs, FL 34135. 1.4 GENERAL DESCRIPTION The property consists of approximately 10.00 acres of land located in the unincorporated area of Collier County, Florida. Presently, +/- 2.04 acres are developed with a United States Postal Services Annex, and 0.91 acres along the northern and southern boundaries of the site fall within right -of -way easements (providing a portion of the 15" Avenue Southwest and Green Boulevard rights -of -way, respectively). The remaining +/- 7.05 acres are undeveloped. 1.5 PROJECT DESCRIPTION It is the intent of the developer to convey +/- 0.51* of the +/- 7,05 undeveloped acres to Collier County for the expansion of Green Boulevard and to develop the remaining, undeveloped +/- 6.55** acres of the subject property with commercial uses and related accessory uses and structures consistent with the provisions set forth in the GGAMP GGECI Subdistrict, and the applicable provisions of the Collier County Land Development Code (LDC). *The total "R -O -W Conveyance" to County will be 0.96 acres, but 0.45 acres of that number lie within the "right -of -way easements" already accounted for, in Paragraph 1.4 above, as reducing developable area. * *Last digit affected by rounding. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "SunGate Center Commercial Planned Unit Development Ordinance'. 1 -1 Sungale Ce u PUD, PUDZ,A- 2006 -AR -10325 Revised 120109 SECTION 11 PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the SunGate Center CPUD, as well as other project relationships. 2.2 GENERAL A. Development of the SunGate Center CPUD shall be in accordance with the contents of this Ordinance and applicable sections and parts of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to final subdivision plat, final site development plan (SAP), excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions unposed and all graphic material presented depicting restrictions for the development of the SunGate Center CPUD shall become part of the regulations which govern the manner in which the CPUD site may be developed. 23 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including land uses for the various tracts is illustrated graphically by Exhibit "A," CPUD Master Plan. LAND USE SUMMARY PARCEL PROPOSED USE ACREAGE Tract "A" Existing Commercial +/-2.04 Tract "B" Commercial +/-5.19 Tract "C" Commercial +/-0.79 Tract "D" Commercial +/-0.57 ROW Easements ROW +/ -0.45 Current Roadway Dedications ROW +1-0.96 TOTAL +/-10.0 TABLb 1: Land Use Jummary B. In addition to the various areas and specific items shown on Exhibit "A ", such casements as necessary (utility, private, semi- private) shall be established within or along the various tracts as may be necessary. 2 -1 Sunpte Center PUD, PUDZ -A- 2006 -AR -10325 Revised 1/20109 8A 1 2.4 DEVELOPMENT INTENSITY The project's commercial intensity is set forth in Table 2, below. PARCEL PROPOSED USE INTENSITY ACREAGE (SQ. FEET) Tract "A" Commercial 20,000 +/-2.04 Tract `B, C, and D" Commercial 63,000 +1-6.55 Right -of -way Easements & Current Roadway Dedications Right -of -way N/A +/-1.41 1 ame u: vevetopmcut mtoumry 2.5 NATIVE VEGETATION RETENTIONREQUHtEMENTS Pursuant to the Conservation and Coastal Management Element of the Collier County GMP, and the Collier County LDC, a minimum of 15% of the existing native vegetation on -site is required to be retained or replanted. The site is partially developed with a postal annex and water management facilities. The site is almost entirely cleared, however, there are some existing trees. At the time of issuance of issuance of the first development order (SDP/PPL) 10% of the native trees shall be required to be retained or replanted with mitigation -sized native canopy trees in the landscape buffer. No preserve management plan or conservation easement will be required. 2 -2 Sungm Center PUD, PUDZ -A- 2006 -AR. -10325 Revised 1/20109 8 A k SECTION III COMMERCIAL DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to identify permitted uses within areas designated as Tracts A, B, C, and D on Exhibit "A ', CPUD Master Plan. 3.2 MAXIMUM COMMERCIAL SQUARE FEET Commercial square footage shall be limited to a maximum of 20,000 square feet on Tract A and 63,000 square feet in aggregate on Tracts B, C, and D, for a total maximum square footage of 83,000 square feet. 3.3 PERMITTED USES',' No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following: A. Principal Uses 1) Accounting, auditing and bookkeeping services (group 8721). 2) Amusements and recreation services (groups 7911, dance studios and schools only, and group 7993). 3) Apparel and accessory stores (groups 5611 - 5699). 4) Auto and home supply stores (group 5531), 5) Automobile parking (group 7521), garages - automobile parking, parking structures. 6) Barber shops (group 7241), except barber schools. 7) Beauty shops (group 7231), except beauty schools. 8) Business services (groups 7311, 7322, 7323, 7331 -7338, 7361 -7379, 7384, 7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories - telephone, drive -away automobile, exhibits - building, filling pressure containers, field warehousing, fire extinguisher, floats - decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or power line inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 9) Child day care services (group 8351). 10) Civic, social and fraternal associates (group 8641). 11) Depository institutions (groups 6011- 6099). 3 -1 1 Reference Executive Office of (be President, Office of Management and Budget, Standard fndusirlat Classification Manual, 1987 Edition 2 No permitted use (whether principal or accessory) shall allow for or a sexually oriented business or use, as defined in the Collier County Code of Laws or LDC. Sungate Center PUD, PUDZ -A- 2006 -AR -10325 Revised M0109 8A 12) Eating places (group 5812 only), 13) Food stores (groups 5411, including convenience stores with fueling and accessory car wash, 5421 - 5499). 14) Funeral service (group 7261 except crematories). 15) Gasoline service stations with accessory car wash (groups 5541 subject to LDC Section 5.05.05), 16) General merchandise stores (groups 5331 - 5399). 17) Hardware stores (group 5251). 18) Health services (groups 8011 -8049, 8082). 19) Home furniture, furnishing, and equipment stores (groups 5712 - 5736). 20) Individual and family social services (group 8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 21) Insurance carriers, agents and brokers (groups 6311 -6399, 6411). 22) Legal services (group 8111). 23) Management and public relations services (groups 8741 -8743, 8748). 24) Membership organizations (groups 8611 - 8699). 25) Miscellaneous repay services (groups 7629 -7631, 7699 bicycle repair, binocular repair, camera repair, key duplicating, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 26) Miscellaneous retail (groups 5912, 5932 -5960, 5963 except pawnshops and building materials, groups 5992 -5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). Drug stores may have drive- through facilities. 27) Museums and art galleries (group 8412). 28) Nondepository credit institutions (groups 6111- 6163). 29) Offices for engineering, architectural, and surveying services (groups 0781, 8711- 8713). 30) Paint, glass and wallpaper stores (group 5231). 31) Personal services (groups 7212, 7215, 7216 nonindustrial dry cleaning only, 7291. 32) Photographic studios (group 7221). 33) Physical fitness facilities (group 7991). 34) Public administration (groups 9111 -9199, 9229, 9311, 9411 -9451, 9511 -9532, 9611- 9661). 35) Real estate (groups 6531- 6552). 36) Retail nurseries, lawn and garden supply stores (group 5261). 3 -2 37) Shoe repair shops and shoeshine parlors (group 7251). Sungetc Center PUD, PUDZ- A- 2006 -AR -10325 Revised 1720109 38) Security and commodity brokers, dealer, exchanges, and services (groups 6211- 6289). 39) Self storage facilities (group 4225 indoor, air- conditioned and mini or self- storage only), if permitted within the C -3 Commercial Intermediate zoning district. 40) Social services (groups 8322- 8399). 41) Transportation services (group 4724), travel agencies only. 42) United States Postal Service (group 4311 except major distribution center). 43) Veterinary services (groups 0742, 0752 excluding outside kenneling). 44) Videotape rental (group 7841). 45) Vocational schools (groups 8243 - 8299). 46) Any other permitted principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA ") by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Uses and structures that are customarily and typically permitted as accessory and incidental to the uses set forth in Section 33.A. above. 3 -3 Sungetc Center PUD, PUDZA- 2006 -AR -10325 Revised 120109 3.4 DEVELOPMENT STANDARDS TABLE III COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM FLOOR AREA SETBACK FROM NORT14ERLY PERIMETER BOUNDARY SETBACK FROM SOUTHERLY PERIMETER BOUNDARY SETBACK FROM WESTERLY PERIMETER BOUNDARY SETBACK FROM EASTERLY PERIMETER BOUNDARY SETBACK FROM INTERNAL DRIVEWAYS SETBACK FROM ANY INTERNAL PLATTED PROPERTY LINE SEPARATION BETWEEN STRUCTURES MAXIMUM ZONED BUILDING HEIGHT MAXIMUM ACTUAL BUILDING HEIGHT ACCESSORY STRUCTURES 3 -4 Sungate Centu PUD, PUDZ- A- 2006 -AR -10325 Revised MOM 10,000 S.F. 75 FEET 1,000 S.F. 20 FEET FROM THE SOUTHERLY BOUNDARY OF THE EXISTING 30 FOOT ROW EASEMENT THAT IS THE SOUTH HALF OF 151 AVENUE SOUTHWEST. 20 FEET FROM THE SOUTHERLY CPUD BOUNDARY, WHICH LS THE NORTHERLY BOUNDARY OF THE PROPERTY THAT THE APPLICANT IS CONVEYING FOR THE WIDENING OF GREEN BOULEVARD 25 FEET FROM THE WESTERLY CPUD BOUNDARY 20 FEET MEASURED FROM THE EASTERLY CPUD BOUNDARY 5 FEET 10 FEET 50% OF THE BUILDING HEIGHT, BUT NOT LESS THAN 15 FEET 50 FEET 62 FEET SAME AS FOR PRINCIPAL STRUCTURES, EXCEPT THAT THE REQUIRED MINIMUM SEPARATION BETWEEN ACCESSORY STRUCTURES AND PRINCIPAL STRUCTURES OR OTHER ACCESSORY STRUCTURES SHALL BE 10 FEET. 8A SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 CPUD MASTER DEVELOPMENT PLAN A. Exhibit "A ", CPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries shall not be construed to be final, and may be varied at anytime at any subsequent approval phase. Subject to the provisions of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all services and all common areas in the project. 4.3 TRANSPORTATION The development of this CPUD Master Development Plan shall be subject to and governed by the following conditions: A. Access points shown on the CPUD Master Plan are considered to be conceptual_ Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property boundary. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a CPUD amendment is approved. As a specific exception to the foregoing, this Applicant, and any successor Owner/Developer of this PUD, is assured that the remaining, western most of the existing driveways on Green Boulevard, as well as all three (3) existing driveways on 151h Avenue S.W., shall remain, with the understanding that the most easterly driveway on 15'h Avenue S.W. may, at some future time, be restricted to egress only by, and at the sole discretion of, the Collier County Transportation Department. B. The County reserves the right, at its sole discretion to close the median opening at 40th Terrace SW on Green Boulevard, as well as any median opening that may be approved and constructed to accommodate left -turn egress from the Development's Green Boulevard driveway. C. Standard County practice dictates that if any required turn lane improvement requires the use of existing County rights -of -way or easement(s), then compensating right -of -way shall be provided at no cost to Collier County as a consequence of such improvement(s) upon final approval of the turn lane design during the review and approval of first subsequent development order. As a specific exception to the foregoing, any turn lane that this developer, or any successor owner /developer of this PUD property, may necessarily construct upon County rights -of -way shall not cause or require the provision to Collier County of any "compensating right -of- way," as stipulated in the first sentence of this paragraph- 4-1 Sunpie Cent, PUD, PUDZ -A- 2006 -AR -10325 Revised 1120109 8A '+ D. Standard County practice dictates that if, in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign, pavement marking improvement within a public right -of -way, or easement, or site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, are determined to be necessary, the cost of such improvement shall be the responsibility of the developer, his successors or assigns. Such being the case, any developer of this CPUD property shall be required to pay for or construct: 1) a sidewalk within the 151h Avenue S.W. ROW, for the entire length of the Development property; and 2) any left or right turn lanes that may be required for the accessing of any of the Development's driveways. Other than those stated improvements, however, this or any successor developer of this CPUD property shall not be required to make any contribution to or for the improvement or other alteration, past, present, or future, of Green Boulevard, Collier Boulevard, or intersection of the two. RIGHT -OF -WAY CONVEYANCE E. Within ninety (90) days following the latter to occur of. 1) the expiration of all appeal periods for PUDZ -A- 2006 -AR -10325 without an appeal being filed, or 2) the dismissal or other satisfactory resolution of any such filed appeals; Developer shall convey (the "Right of Way Land Conveyance ") to County approximately ninety-six one - hundredths (0.96) acres of land, as depicted and labeled on Exhibit "D" as "0.96 AC. RIGHT -OF- WAY LAND CONVEYANCE" and more particularly described in Exhibit "E ", for road right -of -way, drainage, utility, and ancillary purposes to be used by the County for the proposed expansion of Green Boulevard. Developer, at its sole cost and expense, shall cause to be removed from The Right -of -Way Land Conveyance all liens and encumbrances, except oil, gas and mineral reservations and existing easements for utilities and drainage. The Right -of -Way Land Conveyance shall be delivered to County via statutory warranty deed. County, at its sole cost and expense, shall provide Developer an ALTA title commitment to insure title to The Right -of -Way Land Conveyance. Said title commitment shall he utilized and relied upon by Developer as the authority for the existence of any and all liens, encumbrances, or qualifications as to the then - current state of title of the Right -of -Way Land Conveyance parcel. County shall record the deed in the Public Records of the County and shall assume the costs associated with the recordation. The Transportation Administrator or his designee may extend the conveyance date at his discretion. F. Developer shall provide to County evidence of the authority of the record title holder's executing representative to execute the above - referenced deeds, and shall obtain from all entities releasing their respective liens and /or encumbrances from the Right of Way Land Conveyance evidence of the authority of the executing representative to so execute on behalf of said entity. G. The patties acknowledge that the Right of Way Land Conveyance is characterized as property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right -of -way. 4 -2 Sungate Center PUD, PUDZ -A- 2006 -AR -10325 Revised MOM STORMWATER ACCEPTANCE H- Developer and any successor owners of the Development agree to accept, store, and treat, in perpetuity, all of the stormwater drainage from any section, or sections, of Collier County Right -of -Way that may be selected by County; provided that the total area of all roadway sections being so drained to, and accepted by, the Development does not, in total, exceed 1.02 (one and two one - hundredths) acres of rigbt -of -way. Developer and any successor owners of the Development further agree to cooperate with County in County's efforts to obtain regulatory permitting for the drainage arrangement stated in the prior paragraph, including the execution of any necessary commitment documentation and the granting of any easements or permissions that County may need to facilitate and assure the actual stormwater conveyance in accordance with the permits obtained. Furthermore, in the event that the Development's stormwater management system has not yet been constructed by the time that County begins its improvements to Collier Boulevard (County Project No. 68056), Developer agrees to permit County and its contractor to enter upon the subject property and construct the proposed stormwater retention and treatment pond, and to install the drainage structures necessary to out -fall from the right -of -way to the pond. Any spoils excavated by County in these activities may be left on the Development property. J. County, at its sole cost, shall deliver and construct all necessary structures for the conveyance of said stormwater to the Development's Water Management System, as depicted in Exhibit `B ". K. County shall make all reasonable efforts to assure that no hazardous waste material is contained within the stormwater that County conveys to the Development's Water Management System. L. If any actions or improvements by County cause damage to Developer's water management system, County, at its sole cost and expense, shall repair and mitigate said damages. HARED SLOPE AND CONSTRUCTION EASEMENT M. Within ninety (90) days following the latter to occur of'. 1) the expiration of all appeal periods for PUDZ -A- 2006 -AR -10325 without an appeal being filed, or 2) the dismissal or other satisfactory resolution of any such filed appeals; Developer shall deliver to County a Slope and Construction Easement over the area depicted and labeled on Exhibit "D" as "SHARED SLOPUCONSTRUCTION EASEMENT' and more particularly described in Exhibit "F ". Said easement shall allow County to enter upon the easement area for the purpose of constructing County's adjacent roadway and to place upon the easement area any amount of landfill necessary to effect the proper slope relationship between the Developer's Land and the new roadway and ancillary roadway improvements such as sidewalks, drainage structures and street lights. The easement shall also grant, in perpetuity, to County the right to place and maintain, within the southern most three (3) feet of the western most two hundred thirty-five (235) feet of the easement, any lighting system that County deems necessary. 4 -3 Suugate Cemer PUD, PUDZ -A- 2006 -AR -10325 Revised 120/09 8A Developer, at its sole cost and expense, shall cause to be removed from the Slope and Construction Easement all liens and encumbrances, except oil, gas and mineral reservations and existing easements for utilities and drainage. The ALTA title commitment referenced in Paragraph E (above) shall be utilized and relied upon by Developer as the authority for the existence of any and all liens, encumbrances, or qualifications as to the then - current state of title of the Slope and Construction Easement parcel. County shall record the easement in the Public Records of the County and shall assume the costs associated with the recordation. The Transportation Administrator or his designee may extend the conveyance date at his discretion. N. County shall replace any damaged or removed improvements or vegetation. OTHER TERMS AND CONDITIONS O. There shall be no monetary or Collier County Road Transportation Impact Fee credit compensation to Developer for any of the above contributions. P. By virtue of, and in consideration of, Developer's cooperation and contributions as described herein, Developer shall not be held responsible, and shall not be charged for any past or future improvements to Collier and/or Green Boulevards, including but not limited to, roadway improvements, expansion, signalization, street lighting, sidewalks, bike lanes, and/or turn lanes. Nor shall Developer be required to make any payments in lieu of any of the foregoing. Developer's contributions satisfy all transportation fair share and mitigation requirements. As a specific exception to the foregoing, any developer of this CPUD property shall be required to pay for: 1) a sidewalk within the 15" Avenue S.W. ROW, for the entire length of the Development property; and 2) any left or right turn lanes that may be requited for the accessing of any of the Development's driveways 4.4 ADDITIONAL COMMITMENTS A. Development within this CPUD shall comply with the lighting standards specified in Policy 5. 1.1 of the Golden Gate Area Master Plan. 4 -4 Sungate Center PUD, PUDZ -A- 2006 -AR -10325 Revised 1/20109 8A A w x� u P-� z o z ow z� t UO c a $ g 9 r m s 1 � 91" 4 ,I b ----- - - - - -- - - --- - - -- — - - — - ------ ----- - - - - -- ------------------- --- --- - - - - -� - - -- - -- .�— - -- - - - - - -- - gar c i Ig q ++ flAf I4 i K " EXHIBIT "A" WYNNPROPERTIES, INC SURgato Center CPUD °'�' v`° axm N N QNBO�oci"y < CPUD MASTER PLAN < ,aN, 3 LRp yR $C 8 =I 1 e------------ i >! y CIO I rs as 1 � gg R4 "S, 1 d 4 1 " -------- ---- - ---' - -- - -__� -- ------------ - -- - --------- -- --- ---- --------- -- -- -- ------- -�T--- `-------- wuzmc------------------------------ f � EXHIBIT 'B ff WYNN PROPERTIES INC. Sungate Center CONCEPTUAL WATER CPUD j'S lx "• " I� MANAGEMENTPLAN 8 A �� PUDZ -A- 2006 -AR -10325 Sungate Center PUD Ann P. Jennejohn From: DeselemKay [KayDeselem @colliergov.net] Sent: Wednesday, February 04, 2009 4:10 PM To: Ann P. Jennejohn Cc: RamirezHeather; Brock, Mary Subject: RE: PUDZ -A- 2006 -AR -10325 Sungate Center PUD Attachments: sungate ordinance with PUD does 1- 28- 09.pdf; title revised 2- 4- 09.doc here is the CORRECT Ordinance and PUD document for you. Thanks for catching that. Page] of 2 s 8 A I included the correct title for your reference. As far as I know this is what you should already have. One thing- - check the spelling of the word "Liability" in what you have Some versions had that word spelled wrong - -there was an extra "i" or something. Kay Deselem, AICP Zoning d Land Development Review Department Community Development d Environmental5ervices Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239.252.2931 Fax: 2392526357 From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Wednesday, February 04, 2009 3:31 PM To: DeselemKay Cc: RamirezHeather; brock_m Subject: PUDZ -A- 2006 -AR -10325 Sungate Center PUD Hi girls, Thank you Kay for stopping by to answer my questions regarding the Sungate Petition and exhibits for the February 10th, 2009 BCC Meeting. The legal ad is scheduled to run this 5unday (Feb. 8th) and I should've asked you if there were any changes in the title /proposed text that I sent to the Naples Daily News? Just want to be sure we have everything covered and everyone gets the info they need. Thanks again, Kay. Ann Clerk to the Board Minutes & Records Department 2/4/2009 PUDZ -A- 2006 -AR -10325 Sungate Center PUD 239-252-8406 (Fax: 239-252-8408) ann.jennejohn@collierclerk.com e of 2 PA s Under Florida Law, e -mail addresses are public records. Ifyou 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. 2/4/2009 BA 'I PUDZ -A- 2006 -AR -10325 (KD) Wynn Properties, Inc. and Carbone Properties of Naples, Ltd Liability Co., represented by Robert J. Mulhere, AICP of RWA, Inc., and R. Bruce Anderson, of Roetzel and Andress LPA, and Carbone Properties of Naples, LLC, represented by R. Bruce Anderson, Esq., are requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) for the Sungate Center CPUD. The project proposes a maximum of 83,000 square feet of commercial leasable floor area. The subject 10.0± acres are located on the northwest corner of the intersection of Green Boulevard and Collier Boulevard (CR 951) in Section 15, Township 49 South, Range 26 East, Collier County, Florida Added South and East to STR and Carbone name 8 -21 -08 Revised 8/22/06, 7/31/07 ' 8A ''I ORDINANCE NO. 09 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR THE SUNGATE CENTER CPUD FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF GREEN BOULEVARD AND COLLIER BOULEVARD (CR 951), IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.0± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 95 -42, THE FORMER SUNGATE CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert J. Mulhere, AICP of RWA, Inc. and R. Bruce Anderson, Esq. of Roetzel and Andress, LPA, representing Wynn Properties, Inc., and R. Bruce Anderson, Esq., representing Carbone Properties of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 15, Township 49 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) to be known as the Sungate Center, PUDZ -A- 2006 -AR -10325 Page 1 of 2 Revised 1 -05 -09 8A -4 Sungate Center CPUD in accordance with the CPUD Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 95 -42, known as the Sungate Center PUD, adopted on June 20, 1995, by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA MM Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney .5 Project History: Ordinance Number 95 -42 DONNA FIALA, CHAIRMAN Sungate Center, PUDZ -A- 2006 -AR -10325 Page 2 of 2 Revised 1 -05 -09 SUNGATE CENTER COMMERCIAL PLANNED UNIT DEVELOPMENT PREPARED FOR: Wynn Properties, Inc. 9220 Bonita Beach Road Suite 200 Bonita Springs, FL 34135 PREPARED BY: CONS 1 _T G 1t ♦ ♦11 Robert J. Mulhere, AICP 6610 Willow Park Drive Suite 200 Naples, Florida 34109 M R. Bruce Anderson, Esquire Roetzel & Andress 850 Park Shore Drive Trianon Centre -Third Floor Naples, FL 34103 PREVIOUS ZONING APPROVALS ORDINANCE 92 — 93 ADOPTED 11/24/1992 ORDINANCE 95 — 42 ADOPTED 06/20/1995 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL SunWe Center PUD, PUDZ -A- 2006 -AR -10325 Revised 1/20/09 8A $4 TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance ii Section I Property Ownership, Legal Description 1 -1 Section II Project Development Requirements 2 -1 Table I 2 -1 Table II 2 -2 Section III Commercial Development Standards 3 -1 Table III 3 -4 Section rV Development Commitments 4 -1 Sungate Center PUD, PUDZ•A- 2006 -AR -10325 Revised 120/09 LIST OF EXHIBITS EXHIBIT "A" CPUD MASTER PLAN EXHIBIT `B" CONCEPTUAL WATER MANAGEMENT PLAN EXHIBIT "C" UTILITY FACILITIES & OFFSITE INTERFACE EXHIBIT EXHIBIT "D" PLAN SHOWING DEVELOPER COMMITMENTS TO COLLIER COUNTY TRANSPORTATION EXHIBIT "E" LEGAL DESCRIPTION OF 0.96 ACRE RIGHT -OF -WAY CONVEYANCE EXHIBIT "F" LEGAL DESCR PTION OF SHARED SLOPE AND CONSTRUCTION EASEMENT Sungate Center PUD, PUDZ- A- 2006 -AR -10325 Revised 120/09 8A '1,4 SUNGATE CENTER CPUD STATEMENT OF COMPLIANCE The development of approximately 10.00 acres of property in Collier County, Florida as a Commercial Planned Unit Development (CPUD) to be known as the SunGate Center. The CPUD shall comply with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The project is proposing a Commercial Planned Unit Development located within the Golden Gate Estates Commercial Infill ( GGECI) Subdistrict, as identified on the Golden Gate Area Future Land Use Map (GGEFLUM), in the Golden Gate Area Master Plan (GGAMP). 1. The subject property is located on the west side of C. R. 951 between 15th Avenue S. W. and Green Boulevard and is further described as Tracts "A ", "B ", "C ", and "D ", a replat shown on the plat of SunGate Center CPUD, as recorded in Plat Book 27, pages 1 and 2 of the Public Records of Collier County, Florida. 2. Allowable uses set forth herein are consistent with the commercial use limitations set forth in the GGECI Subdistrict, which reads as follows: Commercial uses shall be limited to: Low intensity commercial uses that are compatible with both residential and intermediate commercial uses, in order to provide for small scale shopping and personal needs, and Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C -1, C -2, C -3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91 -102), adopted October 30, 1991. 3. As encouraged in the GGECI Subdistrict, the requested rezone is in the form of a CPUD. 4. Shared parking and access shall be provided for within this project. 5. The project does not provide for direct access to Collier Boulevard. 6. The development will be compatible and complementary to existing and planned surrounding land uses. Sungate Center PUD, PUDZ- A- 2006 -AR -10325 Revised 1/20/09 8A '11 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, GENERAL DESCRIPTION AND SHORT TITLE 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed for development under the project name SunGate Center Commercial Planned Unit Development. 1.2 LEGAL DESCRIPTION Tracts "A ", `B ", "C ", and "D ", a replat shown on the plat of SunGate Center PUD., as recorded in Plat Book 27, pages 1 and 2 of the Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP Tract "A" is owned by Carbone Properties of Naples, Limited Liability Company, an Ohio limited liability company, 5885 Landerbrook Drive, Suite 110, Cleveland, Ohio 44124. Tracts "B ", "C ", and "D" are owned by Wynn Properties, Inc., 9220 Bonita Beach Road, Suite 200, Bonita Springs, FL 34135. 1.4 GENERAL DESCRIPTION The property consists of approximately 10.00 acres of land located in the unincorporated area of Collier County, Florida. Presently, +/- 2.04 acres are developed with a United States Postal Services Annex, and 0.91 acres along the northern and southern boundaries of the site fall within right -of -way easements (providing a portion of the 151' Avenue Southwest and Green Boulevard rights -of -way, respectively). The remaining +/- 7.05 acres are undeveloped. 1.5 PROJECT DESCRIPTION It is the intent of the developer to convey +/- 0.51 * of the +/- 7.05 undeveloped acres to Collier County for the expansion of Green Boulevard and to develop the remaining, undeveloped +/- 6.55** acres of the subject property with commercial uses and related accessory uses and structures consistent with the provisions set forth in the GGANIP GGECI Subdistrict, and the applicable provisions of the Collier County Land Development Code (LDC). *The total "R -O -W Conveyance" to County will be 0.96 acres, but 0.45 acres of that number lie within the "right -of -way easements" already accounted for, in Paragraph 1.4 above, as reducing developable area. * *Last digit affected by rounding. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "SunGate Center Commercial Planned Unit Development Ordinance ". 1 -1 Sungate Centa PUD, PUDZ -A- 2006 -AR -10325 Revised 120/09 T616, SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the SunGate Center CPUD, as well as other project relationships. 2.2 GENERAL A. Development of the SunGate Center CPUD shall be in accordance with the contents of this Ordinance and applicable sections and parts of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to final subdivision plat, final site development plan (SDP), excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the SunGate Center CPUD shall become part of the regulations which govern the manner in which the CPUD site may be developed. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including land uses for the various tracts is illustrated graphically by Exhibit "A," CPUD Master Plan. LAND USE SUMMARY PARCEL PROPOSED USE ACREAGE Tract "A" Existing Commercial +/-2.04 Tract `B" Commercial +/- 5.19 Tract "C" Commercial +/-0.79 Tract "D" Commercial +/-0.57 ROW Easements ROW +/ -0,45 Current Roadway Dedications ROW +/-0.96 TOTAL +/-10.0 TABLE I: Land Use Summary B. In addition to the various areas and specific items shown on Exhibit "A ", such easements as necessary (utility, private, semi - private) shall be established within or along the various tracts as may be necessary. 2 -1 Sungate Center PUD, PUDZ -A- 2006 -AR -10325 Revised 1/20/09 2.4 DEVELOPMENT INTENSITY The project's commercial intensity is set forth in Table 2, below. PARCEL PROPOSED USE INTENSITY ACREAGE (SQ. FEET) Tract "A" Commercial 20,000 +/-2.04 Tract "B, C, and D" Commercial 63,000 +/-6.55 Right -of -way Easements & Current Roadway Dedications Right -of -way N/A +1-1.41 Table II: Development Intensity 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to the Conservation and Coastal Management Element of the Collier County GMP, and the Collier County LDC, a minimum of 15% of the existing native vegetation on -site is required to be retained or replanted. The site is partially developed with a postal annex and water management facilities. The site is almost entirely cleared; however, there are some existing trees. At the time of issuance of issuance of the first development order (SDP/PPL) 10% of the native trees shall be required to be retained or replanted with mitigation -sized native canopy trees in the landscape buffer. No preserve management plan or conservation easement will be required. 2 -2 Sungate Center PUD. PUDZ -A- 2006 -AR -10325 Revised 1/20/09 SECTION III COMMERCIAL DEVELOPMENT • 3.1 PURPOSE The purpose of this Section is to identify permitted uses within areas designated as Tracts A, B, C, and D on Exhibit 'W', CPUD Master Plan. 3.2 MAXIMUM COMMERCIAL SQUARE FEET Commercial square footage shall be limited to a maximum of 20,000 square feet on Tract A and 63,000 square feet in aggregate on Tracts B, C, and D, for a total maximum square footage of 83,000 square feet. 3.3 PERMITTED USES',' No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following: A. Principal Uses 1) Accounting, auditing and bookkeeping services (group 8721). 2) Amusements and recreation services (groups 7911, dance studios and schools only, and group 7993). 3) Apparel and accessory stores (groups 5611- 5699). 4) Auto and home supply stores (group 5531), 5) Automobile parking (group 7521), garages - automobile parking, parking structures. 6) Barber shops (group 7241), except barber schools. 7) Beauty shops (group 7231), except beauty schools. 8) Business services (groups 7311, 7322, 7323, 7331 -7338, 7361 -7379, 7384, 7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories - telephone, drive -away automobile, exhibits- building, filling pressure containers, field warehousing, fire extinguisher, floats - decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or power line inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 9) Child day care services (group 8351). 10) Civic, social and fraternal associates (group 8641). 11) Depository institutions (groups 6011- 6099). 3 -1 1 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual 1987 Edition 2 No permitted use (whether principal or accessory) shall allow for or a sexually oriented business or use, as defined in the Collier County Code of Laws or LDC Sungme Center PUD, PUD2 -A- 2006 -AR -10325 Revised 1/20/09 WE 12) Eating places (group 5812 only), 13) Food stores (groups 5411, including convenience stores with fueling and accessory car wash, 5421 - 5499). 14) Funeral service (group 7261 except crematories). 15) Gasoline service stations with accessory car wash (groups 5541 subject to LDC Section 5.05.05). 16) General merchandise stores (groups 5331 - 5399). 17) Hardware stores (group 5251). 18) Health services (groups 8011 -8049, 8082), 19) Home furniture, furnishing, and equipment stores (groups 5712 - 5736). 20) Individual and family social services (group 8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 21) Insurance carriers, agents and brokers (groups 6311 -6399, 6411). 22) Legal services (group 8111). 23) Management and public relations services (groups 8741 -8743, 8748). 24) Membership organizations (groups 8611 - 8699). 25) Miscellaneous repair services (groups 7629 -7631, 7699 bicycle repair, binocular repair, camera repair, key duplicating, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 26) Miscellaneous retail (groups 5912, 5932 -5960, 5963 except pawnshops and building materials, groups 5992 -5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). Drug stores may have drive- through facilities. 27) Museums and art galleries (group 8412). 28) Nondepository credit institutions (groups 6111 - 6163). 29) Offices for engineering, architectural, and surveying services (groups 0781, 8711- 8713). 30) Paint, glass and wallpaper stores (group 5231). 31) Personal services (groups 7212, 7215, 7216 nonindustrial dry cleaning only, 7291. 32) Photographic studios (group 7221). 33) Physical fitness facilities (group 7991). 34) Public administration (groups 9111 -9199, 9229, 9311, 9411 -9451, 9511 -9532, 9611 - 9661), 35) Real estate (groups 6531- 6552). 36) Retail nurseries, lawn and garden supply stores (group 5261). 3 -2 37) Shoe repair shops and shoeshine parlors (group 7251). Sungate Center PUD, PUDZ -A- 2006 -AR -10325 Revised 020109 38) Security and commodity brokers, dealer, exchanges, and services (groups 6211- 6289). 39) Self storage facilities (group 4225 indoor, air - conditioned and mini or self - storage only), if permitted within the C -3 Commercial Intermediate zoning district, 40) Social services (groups 8322 - 8399). 41) Transportation services (group 4724), travel agencies only. 42) United States Postal Service (group 4311 except major distribution center). 43) Veterinary services (groups 0742, 0752 excluding outside kenneling). 44) Videotape rental (group 7841). 45) Vocational schools (groups 8243 - 8299). 46) Any other permitted principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals CBZA ") by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Uses and structures that are customarily and typically permitted as accessory and incidental to the uses set forth in Section 3.3.A. above. 3 -3 Sensate Center PUD, PUDZ -A- 2006 -AR -10325 Revised 1!20109 3.4 DEVELOPMENT STANDARDS TABLE III COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM FLOOR AREA SETBACK FROM NORTHERLY PERIMETER BOUNDARY SETBACK FROM SOUTHERLY PERIMETER BOUNDARY SETBACK FROM WESTERLY PERIMETER BOUNDARY SETBACK FROM EASTERLY PERIMETER BOUNDARY SETBACK FROM INTERNAL DRIVEWAYS SETBACK FROM ANY INTERNAL PLATTED PROPERTY LINE SEPARATION BETWEEN STRUCTURES MAXIMUM ZONED BUILDING HEIGHT MAXIMUM ACTUAL BUILDING HEIGHT ACCESSORY STRUCTURES 3 -4 Sungate Center PUD, PUDZ. -A- 2006 -AR -10325 Revised 1/20/09 10,000 S.F. 75 FEET 1,000 S.F. 20 FEET FROM THE SOUTHERLY BOUNDARY OF THE EXISTING 30 FOOT ROW EASEMENT THAT IS THE SOUTH HALF OF 15 L AVENUE SOUTHWEST. 20 FEET FROM THE SOUTHERLY CPUD BOUNDARY, WHICH IS THE NORTHERLY BOUNDARY OF THE PROPERTY THAT THE APPLICANT IS CONVEYING FOR THE WIDENING OF GREEN BOULEVARD 25 FEET FROM THE WESTERLY CPUD BOUNDARY 20 FEET MEASURED FROM THE EASTERLY CPUD BOUNDARY 5 FEET 10 FEET 50% OF THE BUILDING HEIGHT, BUT NOT LESS THAN 15 FEET 50 FEET 62 FEET SAME AS FOR PRINCIPAL STRUCTURES, EXCEPT THAT THE REQUIRED MINIMUM SEPARATION BETWEEN ACCESSORY STRUCTURES AND PRINCIPAL STRUCTURES OR OTHER ACCESSORY STRUCTURES SHALL BE 10 FEET. SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE I 8A w The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 CPUD MASTER DEVELOPMENT PLAN A. Exhibit "A ", CPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries shall not be construed to be final, and may be varied at anytime at any subsequent approval phase. Subject to the provisions of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all services and all common areas in the project. 4.3 TRANSPORTATION The development of this CPUD Master Development Plan shall be subject to and governed by the following conditions: A. Access points shown on the CPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property boundary. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a CPUD amendment is approved. As a specific exception to the foregoing, this Applicant, and any successor Owner/Developer of this PUD, is assured that the remaining, western most of the existing driveways on Green Boulevard, as well as all three (3) existing driveways on 15th Avenue S.W., shall remain, with the understanding that the most easterly driveway on 15'1' Avenue S.W. may, at some future time, be restricted to egress only by, and at the sole discretion of, the Collier County Transportation Department. B. The County reserves the right, at its sole discretion to close the median opening at 40th Terrace SW on Green Boulevard, as well as any median opening that may be approved and constructed to accommodate left -turn egress from the Development's Green Boulevard driveway. C. Standard County practice dictates that if any required tam lane improvement requires the use of existing County rights -of -way or easement(s), then compensating right -of -way shall be provided at no cost to Collier County as a consequence of such improvement(s) upon final approval of the turn lane design during the review and approval of first subsequent development order. As a specific exception to the foregoing, any turn lane that this developer, or any successor owner /developer of this PUD property, may necessarily construct upon County rights -of -way shall not cause or require the provision to Collier County of any "compensating right -of- way," as stipulated in the first sentence of this paragraph. 4 -1 Sungate Center PUD, PUD7-A- 2006 -AR -10325 Revised 120109 • D. Standard County practice dictates that if, in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign, pavement marking improvement within a public right -of -way, or easement, or site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, are determined to be necessary, the cost of such improvement shall be the responsibility of the developer, his successors or assigns. Such being the case, any developer of this CPUD property shall be required to pay for or construct: 1) a sidewalk within the 15th Avenue S.W. ROW, for the entire length of the Development property; and 2) any left or right turn lanes that may be required for the accessing of any of the Development's driveways. Other than those stated improvements, however, this or any successor developer of this CPUD property shall not be required to snake any contribution to or for the improvement or other alteration, past, present, or future, of Green Boulevard, Collier Boulevard, or intersection of the two. RIGHT -OF -WAY CONVEYANCE E. Within ninety (90) days following the latter to occur of: 1) the expiration of all appeal periods for PUDZ -A- 2006 -AR -10325 without an appeal being filed, or 2) the dismissal or other satisfactory resolution of any such filed appeals; Developer shall convey (the "Right of Way Land Conveyance ") to County approximately ninety-six one - hundredths (0.96) acres of land, as depicted and labeled on Exhibit "D" as "0.96 AC. RIGHT -OF- WAY LAND CONVEYANCE" and more particularly described in Exhibit "E ", for road right -of -way, drainage, utility, and ancillary purposes to be used by the County for the proposed expansion of Green Boulevard. Developer, at its sole cost and expense, shall cause to be removed from The Right -of -Way Land Conveyance all liens and encumbrances, except oil, gas and mineral reservations and existing easements for utilities and drainage. The Right -of -Way Land Conveyance shall be delivered to County via statutory warranty deed. County, at its sole cost and expense, shall provide Developer an ALTA title commitment to insure title to The Right -of - -Way Land Conveyance. Said title commitment shall be utilized and relied upon by Developer as the authority for the existence of any and all liens, encumbrances, or qualifications as to the then- current state of title of the Right -of -Way Land Conveyance parcel. County shall record the deed in the Public Records of the County and shall assume the costs associated with the recordation. The Transportation Administrator or his designee may extend the conveyance date at his discretion. F. Developer shall provide to County evidence of the authority of the record title holder's executing representative to execute the above - referenced deeds, and shall obtain from all entities releasing their respective liens and/or encumbrances from the Right of Way Land Conveyance evidence of the authority of the executing representative to so execute on behalf of said entity. G. The parties acknowledge that the Right of Way Land Conveyance is characterized as property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right -of -way. 4 -2 Sungate Center PUD, PUDZ -A- 2006 -AR -10325 Revised 120/09 STORMWATER ACCEPTANCE H. Developer and any successor owners of the Development agree to accept, store, and treat, in perpetuity, all of the stormwater drainage from any section, or sections, of Collier County Right -of -Way that may be selected by County; provided that the total area of all roadway sections being so drained to, and accepted by, the Development does not, in total, exceed 1.02 (one and two one - hundredths) acres of right -of -way. I. Developer and any successor owners of the Development further agree to cooperate with County in County's efforts to obtain regulatory permitting for the drainage arrangement stated in the prior paragraph, including the execution of any necessary commitment documentation and the granting of any easements or permissions that County may need to facilitate and assure the actual stormwater conveyance in accordance with the permits obtained. Furthermore, in the event that the Development's stormwater management system has not yet been constructed by the time that County begins its improvements to Collier Boulevard (County Project No. 68056), Developer agrees to permit County and its contractor to enter upon the subject property and construct the proposed stormwater retention and treatment pond, and to install the drainage structures necessary to out -fall from the right -of -way to the pond. Any spoils excavated by County in these activities may be left on the Development property. J. County, at its sole cost, shall deliver and construct all necessary structures for the conveyance of said stormwater to the Development's Water Management System, as depicted in Exhibit "B ". K. County shall make all reasonable efforts to assure that no hazardous waste material is contained within the stormwater that County conveys to the Development's Water Management System. L. If any actions or improvements by County cause damage to Developer's water management system, County, at its sole cost and expense, shall repair and mitigate said damages. SHARED SLOPE AND CONSTRUCTION EASEMENT M. Within ninety (90) days following the latter to occur of 1) the expiration of all appeal periods for PUDZA- 2006 -AR -10325 without an appeal being filed, or 2) the dismissal or other satisfactory resolution of any such filed appeals; Developer shall deliver to County a Slope and Construction Easement over the area depicted and labeled on Exhibit "D" as "SHARED SLOPE /CONSTRUCTION EASEMENT" and more particularly described in Exhibit "F". Said easement shall allow County to enter upon the easement area for the purpose of constructing County's adjacent roadway and to place upon the easement area any amount of landfill necessary to effect the proper slope relationship between the Developer's Land and the new roadway and ancillary roadway improvements such as sidewalks, drainage structures and street lights. The easement shall also grant, in perpetuity, to County the right to place and maintain, within the southern most three (3) feet of the western most two hundred thirty-five (235) feet of the easement, any lighting system that County deems necessary. :0091 Sungate Center PUD, PUDZ -A- 2006 -AR -10325 Revised 120/09 Developer, at its sole cost and expense, shall cause to be removed from the Slope and Construction Easement all liens and encumbrances, except oil, gas and mineral reservations and existing easements for utilities and drainage. The ALTA title commitment referenced in Paragraph E (above) shall be utilized and relied upon by Developer as the authority for the existence of any and all liens, encumbrances, or qualifications as to the then - current state of title of the Slope and Construction Easement parcel. County shall record the easement in the Public Records of the County and shall assume the costs associated with the recordation. The Transportation Administrator or his designee may extend the conveyance date at his discretion. N. County shall replace any damaged or removed improvements or vegetation. OTHER TERMS AND CONDITIONS O. There shall be no monetary or Collier County Road Transportation Impact Fee credit compensation to Developer for any of the above contributions. P. By virtue of, and in consideration of, Developer's cooperation and contributions as described herein, Developer shall not be held responsible, and shall not be charged for any past or future improvements to Collier and /or Green Boulevards, including but not limited to, roadway improvements, expansion, signalization, street lighting, sidewalks, bike lanes, and /or turn lanes. Nor shall Developer be required to make any payments in lieu of any of the foregoing. Developer's contributions satisfy all transportation fair share and mitigation requirements. As a specific exception to the foregoing, any developer of this CPUD property shall be required to pay for: 1) a sidewalk within the 15th Avenue S.W. ROW, for the entire length of the Development property; and 2) any left or right turn lanes that may be required for the accessing of any of the Development's driveways 4.4 ADDITIONAL COMMITMENTS A. Development within this CPUD shall comply with the lighting standards specified in Policy 5. 1.1 of the Golden Gate Area Master Plan. LS! Sungate Center PUD, PUDZ.A- 2006 -AR -10325 Revised 120109 • 1 • PUD Exhibit C, Sheet 1 �N� b S R• � U � N 6i M �� '1 LL vi �L/ rTWI __ � 0 d 3 o o z �z �� z oo o w N Z VO ws j V L �-QVO� m �g N 5 J< A 0 9 PUD Exhibit C, Sheet 1 LE Ln NV7d H,7JS'VkV M dJ ,R d .1aluaJoluffung OWS,91.693d011d NNAA 'wPenPo Mtyrei I . . - - um 4, Vu 1XIM3 998898 8 . ...................... PUD Exhibit C, Sheet 2 S&T N1Ey Tem Sm. I NY7d.LN9PV30YNVN . . I (IfIdD U-91YAVIMM33MOD Jalugo a1v8ung JNI S31193dMd AWAA ,,g,,,LltgIHX,V go PUD Exhibit C, Sheet 3 IS-- BA . . ......... Ww ......... . ........... ......... - IT ..... ----- IL PUD Exhibit C, Sheet 3 IS-- BA MOO ""' w�wiw �w.+V.w,w"..: wow"". " JJAJIHP JJS 0 XSI r i T 7, and. " 331.3uJ�Y�JdN3,LN YJ AJ3YD . w..s mo y.�,(/�`6.(Ta■ �B nmxB mn .ra7uaj a728uns N 'S31LN3dONd NNAAt u �XUw6 KQjga _ uo�^i -^o3 m WO3 1.y OSN N usa3S 8 � wo�wwF+y Km W azia� i U Mtla .00 l$6 OV08 AiNnOD ^, W W U J A 3 m O Vi 1 w a3 U — a " ti ti �a N = a M ,n a v b � a a N � I Q f Y i yY` S PUD Exhibit C, Sheet 4 ",•• °°•,•'°•• .»,.VwB�: "'..� NWO9 IS ,drMOLLYYY ONAYhU0.GlW9.(1 • ,_a• XYI3 HIN G rs,•" "°, N sil n andD H�vD 31YO�ns ONI 'S91LN3d0dd NNAAI , s w aa.wnw` Y 8, t� 95 CANAL � I I i � � I , rI i I I ; I � I I � I F i i I I i I i I i j I I Y i � 1 i i , i _ _ i, _ _ ___ _ __ _ ___ I W Exhibit D SALT ALLEY I aon� iEPR S W EXHIBIT "E" LEGAL DESCRIPTION (0.96 ACRE RIGHT —OF —WAY CONVEYANCE) A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, THE COUNTY OF COLLIER LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST AND BEING PART OF TRACT "B" AND "D" SUNGATE CENTER P.U.D. AS RECORDED IN PLAT BOOK 27, PAGES 1 AND 2, THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEGINNING AT SOUTHEAST CORNER OF SAID TRACT D: THENCE S.89'30'50 "W., ALONG THE SOUTH LINE OF SAID SUNGATE CENTER P.U.D. FOR 660.07 FEET TO THE WEST LINE OF SAID TRACT "B "; THENCE N.00'29'08 "W., ALONG SAID WEST LINE FOR 64.25 FEET; THENCE N.89'30'50 "E., FOR 235.00 FEET; THENCE S.00'29'06'E., FOR 2.25 FEET; THENCE N.89'30'50 "E., FOR 393.62 FEET; THENCE N.52'59'23 "E., FOR 39.14 FEET; THENCE S.00'29'08 "E., FOR 85.29 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 41,819 SQUARE FEET OR 0.96 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE EAST LINE OF THE ABOVE DESCRIBED PARCEL AS BEING N.00'29'08 "W. NOT VALID WITHOUT SIGNATURE AND RAISED SEAL OF A PROFESSIONAL SURVEYOR BY<�- --- - - - - - -- ------------ - - - - -- = ------- - - - - -- RICHARD V. NESTLER, LSD 4786 DATE SIGNED PROFESSIONAL LAND SURVEYOR SEE SHEET 2 FOR SKETCH Oslo 8A REVISED 10/20/08 WYNN PROPERTIES INC T[TLE: LEGAL DESCRIPTION 0.96 ACRE RIGHT -OF -WAY CONVEYANCE 10 iNP: R4L PROJECT SHEET �ILt IF A9S 28E NUMBER: 050214.00.01 NUMBER: OF 2 NUMBER: 080241 SK2 * ** THIS IS NOT A SURVEY * ** EXHIBIT "E" WEST LINE OF TRACT "Er Ll N 9'06'W 60.09 C N00'1910 E 660.00 (P) \ z ` � m \ u \ \\ \o , N SCALE 1 "100' O O a Ob b s \\ Pal tA p m is 40TH R .W. \ \``.£S vj� cd `,, 2 o \\ OZO V tp o a \\ �, o d \�\ o \ \ (A LEGEND \. m POC - POINT OF COMENCEMENY POB - POINT OF RECORDS B \ \ m O.R. - PLAT I RECORDS BOOK \ N PGS a PACES BOOK C = CALCULATED \\ \\ P PLAT \ Q =CENTER LINE BEARING BASIS N00'29'05 "W 600.00 C POB L4 0.0 SOUTHEAST CO NER TRACT "O" SUNGATE CENTER P.U.D. S.R. 951 (P) COLUER BLVD. F) SEE SHEET 1 FOR LEGAL REVISED 10/20/08 Pry 'D CLIENT: 10/20/08 WYNN PROPERTIES INC 1=100' ONS I G Sutveyuas &Aiappeis, .1L %. Te,o w'Laa.' L a'I�`cs, pit kaNlatliwis RY TITLE: SKETCH TO ACCOMPANY N los Milo 34109 aEAnDft DESCRIPTION (239oi 697 -0575 (PHONE) MAW (239) 597 —DB75 (Fox) sm. TMp: pFD PROJECT SHEET FILE www.� wft —maaam 050214.00.01 2 2 050241SK2 FLORIDA CERTIFICATE OF AUTHORIZATION L8§602 15 49S 26E NUMBER: NUNSER: OF NUMBER: LINE TABLE LINE BEARING LENGTH Li 00'29'08 "W 64.25 L2 0'29'08" 2.25 L3 N5259'23 "E 39.14 La sooza'o5"E s5.2s Lololm EXHIBIT "F" LEGAL DESCRIPTION (SHARED SLOPE AND CONSTRUCTION EASEMENT) A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, THE COUNTY OF COLLIER LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST AND BEING PART OF TRACT "B" AND "D" SUNGATE CENTER P.U.D. AS RECORDED IN PLAT BOOK 27, PAGES 1 AND 2, THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COMMENCING AT THE SOUTHEAST CORNER OF TRACT D; THENCE N.0929'OS "W., FOR 85.29 FEET; THENCE S.52'59'23 "W., FOR 8.89 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE S.52'59'23 "W., FOR 30.24 FEET; THENCE S.89'3W50 "W., FOR 393.62 FEET; THENCE N.0929'08 "W., FOR 2.25 FEET; THENCE S.89'30'50 "W., FOR 235.00 FEET TO THE WEST LINE OF SAID TRACT "B"; THENCE N.00'29'10 "W., FOR 15.75 FEET; THENCE N.89'30'50''E., FOR 652.92 FEET; TO THE POINT OF BEGINNING OF THE ,PARCEL DESCRIBED HEREIN. CONTAINING 11,005 SQUARE FEET OR 0.25 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE EAST LINE OF THE ABOVE DESCRIBED PARCEL AS BEING N.00'29'08 "W. NOT VALID WITHOUT SIGNATURE AND RAISED SEAL OF A PROFESSIONAL LAND SURVEYOR BY: --- -------- - - - - -- _ 1b12 ?-A E2 RICHARD V. NESTLER, LS# 4786 DATE SIGNED PROFFESIONAL LAND SURVEYOR SEE SHEET 2 FOR SKETCH REVISED 10/20/08 w7/23/07 cuENr. WYNN PROPERTIES INC R Zu c°m °C14 �N/A TITLE: LEGAL DESCRIPTION CO S T Sunryvn &D{appca; •i • $6100 IR" Park Orl" *6ft jC2004ngec RY SHARED SLOPE AND NayIa7 -0575 (PHONE) °x�n�MA CONSTRUCTION EASEMENT (239) eo7 -o675 (PH°NE) MAW (239) 697 -t- (Pox) = T . Rae PROJECT SHEEP FlLE n nem�woen is K1 Al mm7Atm l Nffi9R2 i6 49S 26E NUMBER: 050214.00.01 NUMBER: OF 2 NUMBER: 050241SK1 * ** THIS IS NOT A SURVEY * ** EXHIBIT 1) F 1) L5 N00'2908 'W 660.09 U, NOo10 "E 660.00 (P) WEST LINE tRACT'D' OD W \ O \ * \ SCALE V -100' 40TH TERR. S.W. CORNER WER P.U.D. !EE SHEET 1 FOR LEGAL I 717 -t-r'p A INC. qi170s5a nm9mg yv�i0 OO $� -�p p LINE TABLE LINE BEARING LENGTH Li N00'29'08 "W 85.29 L2 S52'59'23 "W 8.89 L3 S5259'2S W 30.24 L4 N00'29'08 "W 2.25 L5 N00'29'10 "W 1 15.75 BEARING BASIS LEGEND POD -POINT OF COMENCEMENT P0B - POINT OF BEOINNING O.R. - OFFICIAL RECORDS BOOK PS - PLAT BOOK POS PAGES C - CALCULATED P - PLAT (L - CENTER LINE ® - PROPOSED SHARED BERM EASEMENT 8A4b1ill S.R. 951 (P) COLLIER BLVD. (F) REVISED 10/20/08 >7 cuENr: WYNN PROPERTIES INC TITLE' SKETCH TO ACCOMPANY DESCRIPTION 6cu PROJECT 050214.00.01 SHfEi FILE 050241 SK1 26E NUMBER: NUMBER: Z OF Z NUMBER: ACCOUNT #068779 February 3, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ -A- 2006 -AR- 10325, Sungate Center PUD Dear Legals: Please advertise the above referenced notice on Sunday, February 8, 2009, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500096189 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, FEBRUARY 24, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR THE SUNGATE CENTER CPUD FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF GREEN BOULEVARD AND COLLIER BOULEVARD (CR 951), IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.0± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 95 -42, THE FORMER SUNGATE CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition: PUDZ -A- 2006 -AR- 10325, Wynn Properties, Inc. and Carbone Properties of Naples, Ltd. Liability Co., represented by Robert J. Mulhere, AICP of RWA, Inc., and R. Bruce Anderson, of Roetzel and Andress LPA, and Carbone Properties of Naples, LLC, represented by R. Bruce Anderson, Esq., are requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) for the Sungate Center CPUD. The project proposes a maximum of 83,000 square feet of commercial leasable floor area. The subject 10.0± acres are located on the northwest corner of the intersection of Green Boulevard and Collier Boulevard (CR 951) in Section 15, Township 49 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. LOT Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380; Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) CouF ty of Collier 8 A CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE Dwight E. Brock 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds February 2, 2009 Wynn Properties, Inc. 9220 Bonita Beach Road Bonita Springs, FL 34135 Re: Notice of Public Hearing to Consider Petition: PUDZ -A- 2006 -AR- 10325: Sungate Center PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 0 •C Ann Jennejohn, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.colliercierk.com Email: collierclerk @collierclerk.com 8A of my .of` - ollier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY ,COUR HOUSE g 3301 TAMIAMI AIL EAST Clerk Acc cc Courts Clerk of Courts P.O. BOX 41,3044 ountant NAPLES, FLORIDA'14101 -3044 Auditor Custodian of County Funds February 2, 2009 Robert J. Mulhere, AICP RWA, Inc. 6610 Willow Park Drive #200 Naples, FL 34109 Re: Notice of Public Hearing to Consider Petition: PUDZ -A- 2006 -AR- 10325: Sungate Center PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejo6 v Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.colliercierk.com Email: collierclerk@collierclerk.com Gount� of CQllier 8A CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE g 3301 TAMIAMI TItAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA'�4101 -3044 Auditor Custodian of County Funds February 2, 2009 R. Bruce Anderson, Esq. Roetzel & Andress, LPA 850 Park Shore Drive Trianon Centre 3rd Floor Naples, FL 34103 Re: Notice of Public Hearing to Consider Petition: PUDZ -A- 2006 -AR- 10325: Sungate Center PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK udktc alt .. O •( . Ann Jennejohh; Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierelerk(a collierclerk.com I Ann P. Jennejohn 8A To: 'legals @naplesnews.com' Subject: PUDZ -A- 2006 -AR -10325 Sungate Center PUD Attachments: PUDZ -A- 2006- AR- 10325.doc; PUDZ -A- 2006- AR- 10325.doc Good Morning, Please advertise the attached on Sunday, February 8, 2009. PUDZ -A- 2006 -AR -1 PUDZ- A- 2006 -AR -1 Thank you. 0325.doc (33 K... 0325.doc (34 K... Ann Jennejohn Clerk to the Board Minutes & Records Department 239-252-8406 (Fax: 239-252-8408) ann.jennejohn@collierclerk.com Ann P. Jennejohn BA From: postmaster @collierclerk.com Sent: Tuesday, February 03, 2009 8:46 AM To: Ann P.Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT01483.txt, PUDZ -A- 2006 -AR -10325 Sungate Center PUD ID LLJ ATr01483.txt (231 PUDZ -A- 2006 -AR -1 B) 0325 Sungate C... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@ncplesnews.com PUDZ -A- 2006 -AR -10325 Sungate Center PUD Ann P. Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Tuesday, February 03, 2009 8:53 AM To: Ann P. Jennejohn Subject: RE: PUDZ -A- 2006 -AR -10325 Sungate Center PUD na From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Posted At: Tuesday, February 03, 2009 8:46 AM Posted To: Legals - NDN Conversation: PUDZ -A- 2006 -AR -10325 Sungate Center PUD Subject: PUDZ -A- 2006 -AR -10325 Sungate Center PUD Good Morning, Please advertise the attached on Sunday, February 8, 2009. Thank you. «PUDZ -A- 2006- AR- 10325.doc>> «PUDZ -A- 2006- AR- 10325.doc>> Ann Jennejohn Clerk to the Board Minutes & Records Department 239-252-8406 (Fax: 239-252-8408) ann.jennejohn@colliercierk.com Page 1 of 1 Under Florida Law, e -mail addresses are public records. Ifyou 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. 2/3/2009 Ann P. Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Tuesday, February 03, 2009 10:30 AM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS88.jpg til UA888.jpg (111 KB) Petition: PUDZ -A- 2006 -AR -10325 Ad Number 1775064 Total Ad Cost $519.38 Thank you for placing your ad. Emely 213 -6061 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given that on TUESDAY. FEBRUARY 24, 2009, in the Boardroom, 3rd Floor, Administra- tion Bullding, Collier County Government Center, 3301 East 7amiami Trail, Naples, Florida, the Board of County Commissioners will consider the enact- ment 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 o4 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER NUMBER 95 -4 PUD; AND BY Petition: PUDZ i Inc. and Carbon Co., represented rezone rr( Commerci the Sunga maximum able floor on the no Copies the CIE tion. J and be minutes on to speak on which record it upon which the If you are apers MAP OR MAPS ASSIFICATION OF PROPERTY FROM (PUD) TO COM- LOPMENT (CPUD) UD FOR PROPERTI CORNER OF THE i_EVARD AND IN SECTION. 15. ropertles of Naples, LLC, repre- tnderson, Fsq., are requesting a :d Unit Development (PUD) to d Unit Development (CPUD) for CPUD. The project proposes a square feet of CommerC al leas - subject 10,0- acres are located corner of the intersection of d Collier Boulevard (CR951) in ip 49 South, Range 26 East, Col- ;ed Ordinance are on file with rd and are available for inspec- parties are invited to attend ishing to speak on any agenda with the County administrator n of the agenda item to bead - I speakers will be limited toy L The selection of an individual of an orgyanization or group is cognized by the Chairman, a group or organization may be o speak on an item. ave written or graphic materi- Board agenda packets must a minimum of 3 weeks prior to a a disability who needs any ,r to participate in this pro - d, at no Cost to you, to the istance. Please contact the s Manna Ment Department, rni. Trail Fast, Budding W, 239)252 -8380; Assistetl Ils BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) February 8 No. 1775064 1 i 1 BCC /ZONING DEPARTM] S CLUTE /FINANCE DE. POB 413044 CLERK 0: NAPLES FL 34101 REFERENCE: 068779 59558199 State of Florida County of Collier Before the undersig. appeared Susan Rogge, serves as the Vice Pr Naples Daily News, a Naples, in Collier Cc attached copy of adve newspaper on dates li Affiant further say News is a newspaper p Collier County, Flori newspaper has heretof published in said Col day and has been ente matter at the post of Collier County, Flori next preceding the fi attached copy of adve further says that he promised any person, discount, rebate, com purpose of securing t publication in the sa PUBLISHED ON: 02/08 0 AD SPACE: 186.000 FILED ON: 02/09/0 Signature of Affiant Sworn to and Subscrib Personally known by m • t Naples Daily News Naples, FL 34102 Expires June 29, 2011 "JO ?111 Famin:umrcc 800 305 SA ORIGINAL DOCUMENTS CHECKLIST &ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. "fhe completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item_) ROUTING SLIP Complete routing lines #1 through 44 as appropriate for additional signatures, dales, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throu h routine lines #I throu h 44 com late [he checklist and f d t S F'1 I: Route to Addressee(s) (List in routing order Office Omar o ue I son Initials ( ne #5). Date 1. Judy Puig, Operations Analyst CDES Administration (Initial) a) a510� 2. February 24, 2009 Agenda Item Number 8.A. 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Ordinance Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached r 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson needs to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BC( ' office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Deselem Phone Number 252 -2931 Contact appropriate. (Initial) Applicable) Agenda Date Item was February 24, 2009 Agenda Item Number 8.A. Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance Number of Original I Attached t8 l� l Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 20304, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be ,7017 signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's .Nla Office and all other parties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the A/Q document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's X.9 signature and initials are ret uired. 5. In most cases (some contracts are an exception), the original document and this routing slip 9C0 should be provided to Sue Nilson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC February 24, 2009 and all changes made 9017 during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 20304, Revised 1.26.05, Revised 2.24.05 18 , ORDINANCE NO. 09-- 0 6 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR THE SUNGATE CENTER CPUD FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF GREEN BOULEVARD AND COLLIER BOULEVARD (CR 951), IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.Of ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 95 -42, THE FORMER SUNGATE CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert J. Mulhere, AICP of RWA, Inc. and R. Bruce Anderson, Esq. of Roetzel and Andress, LPA, representing Wynn Properties, Inc., and R. Bruce Anderson, Esq., representing Carbone Properties of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 15, Township 49 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) to be known as the Sungate Center, PUDZ -A- 2006 -AR -10325 Page 1 of 2 Revised 1 -05 -09 8A Sungate Center CPUD in accordance with the CPUD Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Ordinance Number 95 -42, known as the Sungate Center PUD, adopted on June 20, 1995, by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this al day of t , 2009. ATTEST: DWIGHT E:: BROCK, CLERK v ty Clerk M. �0 %Jw i Sioni wt! 064' Approved as to form and legal sufficiency: JtL_-?. (�4� Steven T. Williams Assistant County Attorney Project History: Ordinance Number 95 -42 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DO A FIALA, CHAIRMAN Sungate Center, PUDZ -A- 2006 -AR -10325 Page 2 of 2 Revised 1 -05 -09 8A SUNGATE CENTER COMMERCIAL PLANNED UNIT DEVELOPMENT PREPARED FOR: Wynn Properties, Inc. 9220 Bonita Beach Road Suite 200 Bonita Springs, FL 34135 PREPARED BY: P"WTV c.otvsc;r:i rive 1 t • t 1 JL Robert J. Mulhere, AICP 6610 Willow Park Drive Suite 200 Naples, Florida 34109 V R. Bruce Anderson, Esquire Roetzel & Andress 850 Park Shore Drive Trianon Centre -Third Floor Naples, FL 34103 PREVIOUS ZONING APPROVALS ORDINANCE 92 -93 ADOPTED II /24/1992 ORDINANCE 95 - 42 ADOPTED 06/20/1995 DATE REVIEWED BY CCPC DATE APPROVED BY BCC Fab• 7.4. 2w9 ORDINANCE NUMBER ZOOQ-OIp AMENDMENTS AND REPEAL c)4-qt , QG-µL Sungate Center PUD, PUDZ -A- 2006 -AR -10325 Revised 1/20/09 TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance Section I Property Ownership, Legal Description Section II Project Development Requirements Table I Table 11 Section III Commercial Development Standards Table III Section N Development Commitments Sungate Center PUD, PUDZ -A- 2006 -AR -10325 Revised 120/09 _18A 9 u 2 -1 2 -1 2 -2 3 -1 3 -4 4 -1 f BA LIST OF EXHIBITS EXHIBIT "A" CPUD MASTER PLAN EXHIBIT "B" CONCEPTUAL WATER MANAGEMENT PLAN EXHIBIT "C" UTILITY FACILITIES & OFFSITE INTERFACE EXHIBIT EXHIBIT "D" PLAN SHOWING DEVELOPER COMMITMENTS TO COLLIER COUNTY TRANSPORTATION EXHIBIT "E" LEGAL DESCRIPTION OF 0.96 ACRE RIGHT -OF -WAY CONVEYANCE EXHIBIT "F" LEGAL DESCRIPTION OF SHARED SLOPE AND CONSTRUCTION EASEMENT t Sungute Center PUD, PUDZ -A- 2006 -AR -10325 Revised 1/20/09 8A SUNGATE CENTER CPUD STATEMENT OF COMPLIANCE The development of approximately 10.00 acres of property in Collier County, Florida as a Commercial Planned Unit Development (CPUD) to be known as the SunGate Center. The CPUD shall comply with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The project is proposing a Commercial Planned Unit Development located within the Golden Gate Estates Commercial Infill (GGECI) Subdistrict, as identified on the Golden Gate Area Future Land Use Map (GGEFLUM), in the Golden Gate Area Master Plan (GGAMP). 1. The subject property is located on the west side of C. R. 951 between 15`" Avenue S. W. and Green Boulevard and is further described as Tracts "A ", "B ", "C ", and "D ", a replat shown on the plat of SunGate Center CPUD, as recorded in Plat Book 27, pages 1 and 2 of the Public Records of Collier County, Florida. 2. Allowable uses set forth herein are consistent with the commercial use limitations set forth in the GGECI Subdistrict, which reads as follows: Commercial uses shall be limited to: Low intensity commercial uses that are compatible with both residential and intermediate commercial uses, in order to provide for small scale shopping and personal needs, and Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C- 1, C -2, C -3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91 -102), adopted October 30, 1991. 3. As encouraged in the GGECI Subdistrict, the requested rezone is in the form of a CPUD. 4. Shared parking and access shall be provided for within this project. 5. The project does not provide for direct access to Collier Boulevard. 6. The development will be compatible and complementary to existing and planned surrounding land uses. Sungate Center PUD, PUDZ -A- 2006 -AR -10325 Revised 1/20/09 SECTION 1 8A LEGAL DESCRIPTION, PROPERTY OWNERSHIP, GENERAL DESCRIPTION AND SHORT TITLE 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed for development under the project name SunGate Center Commercial Planned Unit Development. 1.2 LEGAL DESCRIPTION Tracts "A ", "B ", "C ", and "D", a replat shown on the plat of SunGate Center PUD., as recorded in Plat Book 27, pages 1 and 2 of the Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP Tract "A" is owned by Carbone Properties of Naples, Limited Liability Company, an Ohio limited liability company, 5885 Landerbrook Drive, Suite 110, Cleveland, Ohio 44124. Tracts "B ", "C ", and "D" are owned by Wynn Properties, Inc., 9220 Bonita Beach Road, Suite 200, Bonita Springs, FL 34135. 1.4 GENERAL DESCRIPTION The property consists of approximately 10.00 acres of land located in the unincorporated area of Collier County, Florida. Presently, +/- 2.04 acres are developed with a United States Postal Services Annex, and 0.91 acres along the northern and southern boundaries of the site fall within right -of -way easements (providing a portion of the 15`h Avenue Southwest and Green Boulevard rights -of -way, respectively). The remaining +/- 7.05 acres are undeveloped. 1.5 PROJECT DESCRIPTION It is the intent of the developer to convey +/- 0.51 * of the +/- 7.05 undeveloped acres to Collier County for the expansion of Green Boulevard and to develop the remaining, undeveloped +/- 6.55** acres of the subject property with commercial uses and related accessory uses and structures consistent with the provisions set forth in the GGAMP GGECI Subdistrict, and the applicable provisions of the Collier County Land Development Code (LDC). *The total "R -O -W Conveyance" to County will be 0.96 acres, but 0.45 acres of that number lie within the "right -of -way easements" already accounted for, in Paragraph 1.4 above, as reducing developable area. * *Last digit affected by rounding. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "SunGate Center Commercial Planned Unit Development Ordinance ". Sungate Center PUD, PUDZ -A- 2006 -AR -10325 Revised 1/20/09 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the SunGate Center CPUD, as well as other project relationships. 2.2 GENERAL A. Development of the SunGate Center CPUD shall be in accordance with the contents of this Ordinance and applicable sections and parts of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to final subdivision plat, final site development plan (SDP), excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the SunGate Center CPUD shall become part of the regulations which govern the manner in which the CPUD site may be developed. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including land uses for the various tracts is illustrated graphically by Exhibit "A," CPUD Master Plan. LAND USE SUMMARY PARCEL PROPOSED USE ACREAGE Tract "A" Existing Commercial +/-2.04 Tract "B" Commercial +/-5.19 Tract "C" Commercial +/-0.79 Tract "D" Commercial +/-0.57 ROW Easements ROW 1-/- 0.45 Current Roadway Dedications ROW +/-0.96 TOTAL +/- 10.0 I A13LL 1: Lana Use Jummary B. In addition to the various areas and specific items shown on Exhibit "A ", such easements as necessary (utility, private, semi- private) shall be established within or along the various tracts as may be necessary. 2 -1 Sun-ate Center PUD, PUDZ -A- 2006 -AR -10325 Revised 1/20/09 2.4 DEVELOPMENT INTENSITY The project's commercial intensity is set forth in Table 2, below. ,1saIN PARCEL PROPOSED USE INTENSITY ACREAGE (SQ. FEET) Tract "A" Commercial 20,000 +/-2.04 Tract `13, C, and D" Commercial 63,000 +/-6.55 Right -of -way Easements & Current Roadway Dedications Right -of -way N/A +/-1.41 Table Il: Development Intensity 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to the Conservation and Coastal Management Element of the Collier County GMP, and the Collier County LDC, a minimum of 15% of the existing native vegetation on -site is required to be retained or replanted. The site is partially developed with a postal annex and water management facilities. The site is almost entirely cleared; however, there are some existing trees. At the time of issuance of issuance of the first development order (SDP /PPL) 10% of the native trees shall be required to be retained or replanted with mitigation -sized native canopy trees in the landscape buffer. No preserve management plan or conservation easement will be required. Sungate Center PUD, PUDZ -A- 2006 -AR -10325 2 -2 Revised 1/20/09 SECTION III I SA COMMERCIAL DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to identify permitted uses within areas designated as Tracts A, B, C, and D on Exhibit "A ", CPUD Master Plan. 3.2 MAXIMUM COMMERCIAL SQUARE FEET Commercial square footage shall be limited to a maximum of 20,000 square feet on Tract A and 63,000 square feet in aggregate on Tracts B, C, and D, for a total maximum square footage of 83,000 square feet. 3.3 PERMITTED USES',' No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following: A. Principal Uses 1) Accounting, auditing and bookkeeping services (group 8721). 2) Amusements and recreation services (groups 7911, dance studios and schools only, and group 7993). 3) Apparel and accessory stores (groups 5611 - 5699). 4) Auto and home supply stores (group 5531), 5) Automobile parking (group 7521), garages - automobile parking, parking structures. 6) Barber shops (group 7241), except barber schools. 7) Beauty shops (group 7231), except beauty schools. 8) Business services (groups 7311, 7322, 7323, 7331 -7338, 7361 -7379, 7384, 7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories- telephone, drive -away automobile, exhibits - building, filling pressure containers, field warehousing, fire extinguisher, floats- decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or power line inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 9) Child day care services (group 8351). 10) Civic, social and fraternal associates (group 8641). 11) Depository institutions (groups 6011- 6099). 3 -1 I Reference Executive Office of the President. Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition 2 No permitted use (whether principal or accessory) shall allow for or a sexually oriented business or use, as defined in the Collier County Code of Laws or LDC. Sungate Center PUD, PUDZ -A- 2006 -AR -10325 Revised 1/20/09 I 8A 01 12) Eating places (group 5812 only), 13) Food stores (groups 5411, including convenience stores with fueling and accessory car wash, 5421- 5499). 14) Funeral service (group 7261 except crematories). 15) Gasoline service stations with accessory car wash (groups 5541 subject to LDC Section 5.05.05). 16) General merchandise stores (groups 5331 - 5399). 17) Hardware stores (group 5251). 18) Health services (groups 8011 -8049, 8082). 19) Home furniture, furnishing, and equipment stores (groups 5712 - 5736). 20) Individual and family social services (group 8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 21) Insurance carriers, agents and brokers (groups 631 1 -6399, 6411). 22) Legal services (group 8111). 23) Management and public relations services (groups 8741 -8743, 8748). 24) Membership organizations (groups 8611- 8699). 25) Miscellaneous repair services (groups 7629 -7631, 7699 bicycle repair, binocular repair, camera repair, key duplicating, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 26) Miscellaneous retail (groups 5912, 5932 -5960, 5963 except pawnshops and building materials, groups 5992 -5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). Drug stores may have drive - through facilities. 27) Museums and art galleries (group 8412). 28) Nondepository credit institutions (groups 6111- 6163). 29) Offices for engineering, architectural, and surveying services (groups 0781, 8711- 8713). 30) Paint, glass and wallpaper stores (group 5231). 31) Personal services (groups 7212, 7215, 7216 nonindustrial dry cleaning only, 7291. 32) Photographic studios (group 7221). 33) Physical fitness facilities (group 7991). 34) Public administration (groups 9111 -9199, 9229, 9311, 9411 -9451, 9511 -9532, 9611 - 9661). 35) Real estate (groups 6531- 6552). 36) Retail nurseries, lawn and garden supply stores (group 5261). 3 -2 37) Shoe repair shops and shoeshine parlors (group 7251). Sungate Center PUD, PU13l -A- 2006 -AR -10325 Revised 1/20/09 18 A IN 38) Security and commodity brokers, dealer, exchanges, and services (groups 6211- 6289). 39) Self storage facilities (group 4225 indoor, air - conditioned and mini or self - storage only), if permitted within the C -3 Commercial Intermediate zoning district . 40) Social services (groups 8322- 8399). 41) Transportation services (group 4724), travel agencies only. 42) United States Postal Service (group 4311 except major distribution center). 43) Veterinary services (groups 0742, 0752 excluding outside kenneling). 44) Videotape rental (group 7841). 45) Vocational schools (groups 8243 - 8299). 46) Any other permitted principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") by the process outlined in the GDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Uses and structures that are customarily and typically permitted as accessory and incidental to the uses set forth in Section 33.A. above. 3 -3 Sungme Center PUD, PUDZ -A- 2006 -AR -10325 Revised 1 /20/09 3.4 DEVELOPMENT STANDARDS E8Ar1 TABLE III COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM FLOOR AREA SETBACK FROM NORTHERLY PERIMETER BOUNDARY SETBACK FROM SOUTHERLY PERIMETER BOUNDARY SETBACK FROM WESTERLY PERIMETER BOUNDARY SETBACK FROM EASTERLY PERIMETER BOUNDARY SETBACK FROM INTERNAL DRIVEWAYS SETBACK FROM ANY INTERNAL PLATTED PROPERTY LINE SEPARATION BETWEEN STRUCTURES MAXIMUM ZONED BUILDING HEIGHT MAXIMUM ACTUAL BUILDING HEIGHT ACCESSORY STRUCTURES 3 -4 Sungate Center PUD, PUDZ -A- 2006 -AR -10325 Revised 120/09 10,000 S.F. 75 FEET 1,000 S.F. 20 FEET FROM THE SOUTHERLY BOUNDARY OF THE EXISTING 30 FOOT ROW EASEMENT THAT IS THE SOUTH HALF OF 15 t" AVENUE SOUTHWEST. 20 FEET FROM THE SOUTHERLY CPUD BOUNDARY, WHICH IS THE NORTHERLY BOUNDARY OF THE PROPERTY THAT THE APPLICANT IS CONVEYING FOR THE WIDENING OF GREEN BOULEVARD 25 FEET FROM THE WESTERLY CPUD BOUNDARY 20 FEET MEASURED FROM THE EASTERLY CPUD BOUNDARY 5 FEET 10 FEET 50% OF THE BUILDING HEIGHT, BUT NOT LESS THAN 15 FEET 50 FEET 62 FEET SAME AS FOR PRINCIPAL STRUCTURES, EXCEPT THAT THE REQUIRED MINIMUM SEPARATION BETWEEN ACCESSORY STRUCTURES AND PRINCIPAL STRUCTURES OR OTHER ACCESSORY STRUCTURES SHALL BE 10 FEET. 4.1 4.2 4.3 SECTION IV ' I 8A 11 DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. CPUD MASTER DEVELOPMENT PLAN A. Exhibit "A ", CPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries shall not be construed to be final, and may be varied at anytime at any subsequent approval phase. Subject to the provisions of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all services and all common areas in the project. TRANSPORTATION The development of this CPUD Master Development Plan shall be subject to and governed by the following conditions: A. Access points shown on the CPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property boundary. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a CPUD amendment is approved. As a specific exception to the foregoing, this Applicant, and any successor Owner /Developer of this PUD, is assured that the remaining, western most of the existing driveways on Green Boulevard, as well as all three (3) existing driveways on 15 I Avenue S.W., shall remain, with the understanding that the most easterly driveway on l5d' Avenue S.W. may, at some future time, be restricted to egress only by, and at the sole discretion of, the Collier County Transportation Department. B. The County reserves the right, at its sole discretion to close the median opening at 40th Terrace SW on Green Boulevard, as well as any median opening that may be approved and constructed to accommodate left -turn egress from the Development's Green Boulevard driveway. C. Standard County practice dictates that if any required turn lane improvement requires the use of existing County rights -of -way or easement(s), then compensating right -of -way shall be provided at no cost to Collier County as a consequence of such improvement(s) upon final approval of the turn lane design during the review and approval of first subsequent development order. As a specific exception to the foregoing, any turn lane that this developer, or any successor owner /developer of this PUD property, may necessarily construct upon County rights -of -way shall not cause or require the provision to Collier County of any "compensating right -of- way," as stipulated in the first sentence of this paragraph. 4 -1 Sungate Center PUD, PUDZ -A- 2006 -AR -10325 Revised 1/20/09 8A IN D. Standard County practice dictates that if, in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign, pavement marking improvement within a public right -of -way, or easement, or site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, are determined to be necessary, the cost of such improvement shall be the responsibility of the developer, his successors or assigns. Such being the case, any developer of this CPUD property shall be required to pay for or construct: 1) a sidewalk within the 15`h Avenue S.W. ROW, for the entire length of the Development property; and 2) any left or right turn lanes that may be required for the accessing of any of the Development's driveways. Other than those stated improvements, however, this or any successor developer of this CPUD property shall not be required to make any contribution to or for the improvement or other alteration, past, present, or future, of Green Boulevard, Collier Boulevard, or intersection of the two. RIGHT -OF -WAY CONVEYANCE E. Within ninety (90) days following the latter to occur of: 1) the expiration of all appeal periods for PUDZ -A- 2006 -AR -10325 without an appeal being filed, or 2) the dismissal or other satisfactory resolution of any such filed appeals; Developer shall convey (the "Right of Way Land Conveyance ") to County approximately ninety-six one - hundredths (0.96) acres of land, as depicted and labeled on Exhibit "D" as "0.96 AC. RIGHT -OF- WAY LAND CONVEYANCE" and more particularly described in Exhibit "E ", for road right -of -way, drainage, utility, and ancillary purposes to be used by the County for the proposed expansion of Green Boulevard. Developer, at its sole cost and expense, shall cause to be removed from 'The Right —of - -Way Land Conveyance all liens and encumbrances, except oil, gas and mineral reservations and existing easements for utilities and drainage. The Right —of - -Way Land Conveyance shall be delivered to County via statutory warranty deed. County, at its sole cost and expense, shall provide Developer an ALTA title commitment to insure title to The Right —of - -Way Land Conveyance. Said title commitment shall be utilized and relied upon by Developer as the authority for the existence of any and all liens, encumbrances, or qualifications as to the then - current state of title of the Right —of - -Way Land Conveyance parcel. County shall record the deed in the Public Records of the County and shall assume the costs associated with the recordation. The Transportation Administrator or his designee may extend the conveyance date at his discretion. F. Developer shall provide to County evidence of the authority of the record title holder's executing representative to execute the above - referenced deeds, and shall obtain from all entities releasing their respective liens and/or encumbrances from the Right of Way Land Conveyance evidence of the authority of the executing representative to so execute on behalf of said entity. G. 'The parties acknowledge that the Right of Way Land Conveyance is characterized as property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right -of -way. 4 -2 Sungate Center PUD, PUDZ -A- 2006 -AR -10325 Revised 120/09 l STORMWATER ACCEPTANCE 8A H. Developer and any successor owners of the Development agree to accept, store, and treat, in perpetuity, all of the stormwater drainage from any section, or sections, of Collier County Right -of -Way that may be selected by County; provided that the total area of all roadway sections being so drained to, and accepted by, the Development does not, in total, exceed 1.02 (one and two one - hundredths) acres of right -of -way. Developer and any successor owners of the Development further agree to cooperate with County in County's efforts to obtain regulatory permitting for the drainage arrangement stated in the prior paragraph, including the execution of any necessary commitment documentation and the granting of any easements or permissions that County may need to facilitate and assure the actual stormwater conveyance in accordance with the permits obtained. Furthermore, in the event that the Development's stormwater management system has not yet been constructed by the time that County begins its improvements to Collier Boulevard (County Project No. 68056), Developer agrees to permit County and its contractor to enter upon the subject property and construct the proposed stormwater retention and treatment pond, and to install the drainage structures necessary to out -fall from the right -of -way to the pond. Any spoils excavated by County in these activities may be left on the Development property. County, at its sole cost, shall deliver and construct all necessary structures for the conveyance of said stormwater to the Development's Water Management System, as depicted in Exhibit "B ". K. County shall make all reasonable efforts to assure that no hazardous waste material is contained within the stormwater that County conveys to the Development's Water Management System. L. If any actions or improvements by County cause damage to Developer's water management system, County, at its sole cost and expense, shall repair and mitigate said damages. SHARED SLOPE AND CONSTRUCTION EASEMENT M. Within ninety (90) days following the latter to occur of. 1) the expiration of all appeal periods for PUDZ -A- 2006 -AR -10325 without an appeal being filed, or 2) the dismissal or other satisfactory resolution of any such filed appeals; Developer shall deliver to County a Slope and Construction Easement over the area depicted and labeled on Exhibit "D" as "SHARED SLOPE /CONSTRUCTION EASEMENT" and more particularly described in Exhibit "F". Said easement shall allow County to enter upon the easement area for the purpose of constructing County's adjacent roadway and to place upon the easement area any amount of landfill necessary to effect the proper slope relationship between the Developer's Land and the new roadway and ancillary roadway improvements such as sidewalks, drainage structures and street lights. The easement shall also grant, in perpetuity, to County the right to place and maintain, within the southern most three (3) feet of the western most two hundred thirty-five (235) feet of the easement, any lighting system that County deems necessary. 4 -3 Sungate Center PUD, PUDZ -A- 2006 -AR -10325 Revised 1/20/09 L� Developer, at its sole cost and expense, shall cause to be removed from the Slope and Construction Easement all liens and encumbrances, except oil, gas and mineral reservations and existing easements for utilities and drainage. The ALTA title commitment referenced in Paragraph E (above) shall be utilized and relied upon by Developer as the authority for the existence of any and all liens, encumbrances, or qualifications as to the then - current state of title of the Slope and Construction Easement parcel. County shall record the easement in the Public Records of the County and shall assume the costs associated with the recordation. The Transportation Administrator or his designee may extend the conveyance date at his discretion. N. County shall replace any damaged or removed improvements or vegetation. OTHER TERMS AND CONDITIONS O. There shall be no monetary or Collier County Road Transportation Impact Fee credit compensation to Developer for any of the above contributions. P. By virtue of, and in consideration of, Developer's cooperation and contributions as described herein, Developer shall not be held responsible, and shall not be charged for any past or future improvements to Collier and /or Green Boulevards, including but not limited to, roadway improvements, expansion, signalization, street lighting, sidewalks, bike lanes, and/or turn lanes. Nor shall Developer be required to make any payments in lieu of any of the foregoing. Developer's contributions satisfy all transportation fair share and mitigation requirements. As a specific exception to the foregoing, any developer of this CPUD property shall be required to pay for: 1) a sidewalk within the 15i6 Avenue S.W. ROW, for the entire length of the Development property; and 2) any left or right turn lanes that may be required for the accessing of any of the Development's driveways 4.4 ADDITIONAL COMMITMENTS A. Development within this CPUD shall comply with the lighting standards specified in Policy 5.l .l of the Golden Gate Area Master Plan. 4 -4 Sungate Center PUD, PUDZ -A- 2006 -AR -10325 Revised 1/20/09 a � a W N t z Q¢ 5 O LL 0� z C) ao ' o Q=¢ v U) 3w 0o ~U ct Z O U T� V 1 I a i� IIIN�I�� In�n i Y= U z� n tj W� t+1 a �z z0O ropq 0 N ab��ll 8+a � ~]i t ✓z /a pu� a 11 I a i� IIIN�I�� In�n i Y= U z� n tj W� t+1 a �z z0O ropq 0 N ab��ll 8+a � ~]i t ✓z /a pu� a rns nay Hic �� 9pp 9$�2p iq�•4 9I E `3 6 113 � I �n � e� :ceY56 p s a �fi ease dd . I II 4 dga S !I Ii�� all 1ltlS 1_ I A d s �I —_J+ LJV HI 3vryd . 1] 1 n rns nay Hic 6 "vj Re D if �� 9pp 9$�2p iq�•4 9I E `3 6 113 � I �n � e� :ceY56 p s a �fi ease dd . I II 4 dga !I Ii�� all 1ltlS I A d LJV HI 3vryd . 1] $§ n x a 4 a I z fry ¢Q$ <y _. d A� _ QYIE_L�IM tlNV LS6 L] 6 "vj Re D if EXHIBIT "A If I� 11 � iS i Y� a 8 A_ N \\� Q V ® >m' WYNN PROPERTIES, INC. T`A TA c.=Sungate Center CONSULTING Oa9 Pii@nchig CPUD MASTER PLAN CPUD A---- 5,q ,,, �� 9pp 9$�2p iq�•4 9I E `3 6 113 � Qi�A �n e� :ceY56 p a �fi ease dd EXHIBIT "A If I� 11 � iS i Y� a 8 A_ N \\� Q V ® >m' WYNN PROPERTIES, INC. T`A TA c.=Sungate Center CONSULTING Oa9 Pii@nchig CPUD MASTER PLAN CPUD A---- 5,q ,,, i• � t � L I L, �� •� j L t .. _ Ali i tllllli y I I^ L t i t i 4� �y V 5 f EXHIBIT "B" �,n Y WVNN PROPERTIES, INC. T T TA ua Sungate Center DIX T - uec... CONCEPTUAL WATER CPU 1 %. v VLNj MANAGEMENTPLAN .......�o.,..�,.,.I - N � I.b (� N � I.b (� nsrR sT °� 9 I N_ 1 1 s r\ — y3RTT A ��W� - -- �L , D iE �RRRACL SW_ e. r 'rr �1 1 43 STRCC W L _ �I T I �� 7 AL l L - ! l -� n i 42N, TL v y� L - O RR TP I -1 7T FI E T � I L E — ; �] a151, w srREEi c_ 's-r �n JrL IRATE,_IV,r 8_J —1, V ` m a � I -_ 9 Z e LLNITV ROAD q5i BIG C"' -Ht_�n A'IV ,ANA ITO` RAW °moo I - Mt 8 II I � I -11 i L � II I � EXHIBIT "C" - rm� WYNN PROPERTIES INC. - me m Sungate Center UTIWTYFACILITIES& CONSULTING OHIL+�emivg I OFFSITE INTERFACE EXHIBIT CPUD i`Lo1u =1.. .,,.sue ^.,m m s 8631 H1O9 E© a 3!q!4X3 4 A� E s- I —I_ I I _ • I I II II Iii !1 — II n I � I I n II II I II i — 3VNV5 l96 � � I i� i � I — 3VNV5 l96 i� V .. P° ,mmmi�mm r.a WYNN PROPERTIES, INC. SUNGATE CENTER CPUD JD \ )j/ / 7 CONSULTING EXHIBIT 'D'RIGHT OF WAY DEDICATION, AL _ 11 1 SHARED SLOPE CONSTRUCTIONEASEMENT• EXHIBIT "E" 18 A LEGAL DESCRIPTION (0.96 ACRE RIGHT -OF -WAY CONVEYANCE) A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, THE COUNTY OF COLLIER LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST AND BEING PART OF TRACT "B" AND "D" SUNGATE CENTER P.U.D. AS RECORDED IN PLAT BOOK 27, PAGES 1 AND 2, THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEGINNING AT SOUTHEAST CORNER OF SAID TRACT D: THENCE S.89'30'50 "W., ALONG THE SOUTH LINE OF SAID SUNGATE CENTER P.U.D. FOR 660.07 FEET TO THE WEST LINE OF SAID TRACT "B "; THENCE N.00'29'08 "W., ALONG SAID WEST LINE FOR 64.25 FEET; THENCE N.89'30'50" E., FOR 235.00 FEET; THENCE S.00'29'08" E., FOR 2.25 FEET; THENCE N.89'30'50" E., FOR 393.62 FEET; THENCE N.52'59'23" E., FOR 39.14 FEET; THENCE S.00'29'08 "E., FOR 85.29 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 41,819 SQUARE FEET OR 0.96 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE EAST LINE OF THE ABOVE DESCRIBED PARCEL AS BEING N.00'29'08 "W. NOT VALID WITHOUT SIGNATURE AND RAISED SEAL OF A PROFESSIONAL SURVEYOR ; - -/ --------------= - -- RICHARD V. NESTLER, LS# 4786 PROFESSIONAL LAND SURVEYOR SEE SHEET 2 FOR SKETCH k YL ING Sl[rMnm1� NfAPKra, If ♦ 1 Z Plmtacn, P oIC[t t�)All yCt; 6610 Wow Park Drive, Suite 200 CLIENT: i DATE SIGNED REVISED 10/20/08 WYNN PROPERTIES INC CRY T ❑LE: LEGAL DESCRIPTION - RECKMW. 0.96 ACRE RIGHT -OF -WAY CONVEYANCE MAW SEC: r I xE: PROJECT SHEET 1 2 FILE 15 495 26E NUMBER: 050214.00.01 NUMBER: OF NUMBER: 050241 SK2 WEST LINE TRACT 'B' NN CO Z ' �m c 'O L7 m z fl * ** THIS IS NOT A SURVEY * ** EXHIBIT "E" O�v ➢yAyD O mOALZi� m mm� ONQO Z�PD y fO1 0 KyOZyZ Smz � Ac9mD [9 O D wm yutiz AO�DN opxz'. >M ow NJ�� n z o OA b O N BASIS TRACT "C' I SUNGATE CENTERI P.U.D. S.R. 951 (P) COLLIER BLVD. (F) r.. tzj SCALE 1" =100' LINE TABLE LINE BEARING LENGTH' 1-1 N00'29'08 "W 84.25 12 S00'29'OB "E 2.25 L3 N5 '59'23"E 39.14 14 S00'29'08 "E 85.29 LEGEND POC — POINT OF COMENCEMENT POB — POINT OF BEGINNING O.R. = OFFICIAL RECORDS BOOK PB m PLAT BOOK PGS = PAGES C = CALCULATED P = PLAT Q = CENTER LINE SEE SHEET 1 FOR LEGAL REVISED 10/20/08 w-. &,rc, OILS Z I surveyors & hLpptrs, OAT! 10/20/08 CLIENT: WYNN PROPERTIES INC 1 =100' ORAMN BY: RY TITLE: SKETCH TO ACCOMPANY DESCRIPTION .i %. • r L a. PlariDCG: hujcEtA(aawrT> 6810 Willow Park Drive. !Ute 200 N let, Florida 34109 (239)3 597 -0575 (PHONE) (239) 597 -0578 (Fax) www.aoneult— rwaxom FLORIDA CERTIFICATE OF AUTHORIZATION L13#5952 <NECKEOW; MAW scc: rnv: rtcE: 15 49S 26E PROJECT NUMBER: 050214.00.01 SHEET 2 2 NUMBER: OF FILE NUMBER: D50241SK2 0 EXHIBIT "F" LEGAL DESCRIPTION (SHARED SLOPE AND CONSTRUCTION EASEMENT) A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, THE COUNTY OF COLLIER LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST AND BEING PART OF TRACT "B" AND "D" SUNGATE CENTER P.U.D. AS RECORDED IN PLAT BOOK 27, PAGES 1 AND 2, THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COMMENCING AT THE SOUTHEAST CORNER OF TRACT D; THENCE N.00'29'0S "W„ FOR 85.29 FEET; THENCE 5.52'59'23 "W., FOR 8.89 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE 5.52'59'23 "W., FOR 30.24 FEET; THENCE S.89'30'50 "W., FOR 393.62 FEET; THENCE N.00'29'09"W., FOR 2.25 FEET; THENCE 5.89'30'50 "W., FOR 235.00 FEET TO THE WEST LINE OF SAID TRACT "B "; THENCE N.092910 "W., FOR 15.75 FEET; THENCE N.89'30'.5C E., FOR 652.92 FEET; TO THE POINT OF BEGINNING OF THE ,PARCEL DESCRIBED HEREIN. CONTAINING 11,005 SQUARE FEET OR 0.25 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE EAST LINE OF THE ABOVE DESCRIBED PARCEL AS BEING N.00'29'06"W. NOT VALID WITHOUT SIGNATURE AND RAISED SEAL OF A PROFES- SIIONAL LAND SURVEYOR BY: -- -------- �iy Z Ac & RICHARD V. NESTLER, LS# 4786 DATE SIGNED PROFFESIONAL LAND SURVEYOR SEE SHEET 2 FOR SKETCH REVISED 10/20/08 -R1TA�r w7/23 07 cuE "T` WYNN PROPERTIES INC � 1L / L• n&ccrs SC E CONSLJ 'PING- SnnewT�.c:tt:{PPC�, N/A TITLE: LEGAL DESCRIPTION J. I. • ♦ L .1 Planners Protect Mnnagec °RAxN a 6610 Willow Park Drive, 3Ulto 200 RY SHARED SLOPE AND Nayla. Florida 34109 WMED W. CONSTRUCTION EASEMENT (239) 697 -0676 (PHONE) MAW (239) 697 -0.578 (Fax) scc: TWP: sae PROJECT SHEEP MM FILE w nmhA CERn AlE OF AUTHORIZA'nON 1Bi695L 15 49S 26E NUMBER: 050214.00.01 NUMBER: � OF 2 NUAfOER: 050241SK1 * ** THIS IS NOT A SURVEY * ** EXHIBIT "I'" N m a O O N W U O O 40TH TERR. S.W. Uf O W m W N POB CORNER INTER P.U.D. SEE SHEET 1 FOR LEGAL -RT�TA"` SucvtY - CC7NSCTL NG Sun•epun� .AL 4L W v.L JL PIRnn�mj 6810 Vdow Park Drhn, Su N00'19' LINE tRACT "D* O V'O D A a "a -M� m om:bM E vaSmp CNOSO zoo a �mmo�m ��ozNz r9y DC �>VIZ nm� m �DN no 2•a pN�m�x NJ�(jN n 'x gn o s. 660.09 U _ 660.00 (P) SCALE 1° =100' LINE TABLE LINE BEARING LENGTH L1 N00'29'08 "W 85.29 L2 S52'59'23 "W 8.89 L3 S52'59'23 "W 30.24 L4 NOO'29'08 "W 2.25 L5 NOO'29'10 "W 15.75 BEARING BASIS 29'08 "W 660.09 19'10 "E 660.00 LEGEND POO = POINT OF COMENCEMENT POB - POINT OF BEGINNING O.R. - OFFICIAL RECORDS BOOK PB - PLAT BOOK PGS - PAGES C - CALCULATED P - PLAT CL - CENTER LINE - PROPOSED SHARED BERM EASEMENT S.R. 951 (P) COLLIER BLVD. REVISED 1 7/23/07 CLIENT: E WYNN PROPERTIES INC 1" =too' ALPO TITLE: SKETCH TO ACCOMPANY Wo �. DESCRIPTION MAW src: twr: Roc: PROJECT 050214.00.01 SHEEP FILE 050241SK1 15 49S 26E NUMBER: NUMBER: 2 OF 2 NUMBER: STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009 -06 Which was adopted by the Board of County Commissioners on the 24th day of February, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of February, 2009. DWIGHT E. BROCK Clerk of Courts aQClerk Ex- officio to'ad�ird of'',. County Commigsptd�s By: Martha VergAea j ; Deputy Clerk - 1 8 A 14