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Agenda 01/14/2020 Item #16F1 (Affordable Housing Contribution Refund - Benderson Properties)01/14/2020 EXECUTIVE SUMMARY Recommendation to approve a refund to Benderson Properties, Inc. totaling $21,327.50 due to the removal of an Affordable Housing Contribution commitment from the I75/Alligator Alley Commercial Planned Unit Development, consistent with Board policy. OBJECTIVE: To approve a refund to Benderson Properties, Inc. in the amount of $21,327.50. CONSIDERATIONS: A change to the Land Development Code was approved on September 25, 2012, which created a process to make minor text changes to PUDs, Development Agreements and Settlement Agreements to remove the Affordable Housing Contribution commitments. Pursuant to LDC Sec. 10.02.13.E.3.c, the process is as follows: “Affordable housing commitments. Beginning October 3, 2012, the County Manager or designee shall be authorized to make minor text changes to remove affordable housing commitments to pay an affordable housing contribution in PUDs, Development Agreements, and Settlement Agreements if the following conditions are met: i. The applicant notices property owners in writing in accordance with LDC section 10.03.06. ii. If no written objection is received, the request to remove commitments is deemed approved. iii. If a property owner who receives notice submits a written objection within 30 days of the mailing of the notice, the matter shall be scheduled for public hearing before the Board of County Commissioners. Public notice shall comply with LDC sections 10.03.05 and 10.03.06.” Subsequently, on March 12, 2013 (Item 16F4) the Board directed the County Manager, or his designee, to proceed with an outlined plan to refund previously paid Affordable Housing Contributions upon the approval of minor changes to PUDs to remove the Affordable Housing Contribution commitments and to approve any budget amendments that may be required to facilitate this action. The outlined plan is as follows: 1. The applicant has first removed the commitment as set forth above. 2. If the applicant is the sole entity entitled to the refund, staff shall prepare an Executive Summary seeking Board approval to issue the refund. 3. If multiple entities are entitled to the refund, staff will request the applicant provide staff with a proposed allocation, signed off by each claimant. The County has maintained detailed records of these transactions and will be available to assist the applicant with this request. Provided all claimants are in agreement with the proposed refund allocation, staff shall prepare an Executive Summary seeking Board approval to issue the refund. 4. In the event of a dispute, or circumstances that do not allow the above process to be followed (the original payer no longer exists, there are foreclosure or bankruptcy issues, etc.), staff will bring such matters to the Board for individual review. Staff has completed a preliminary review related to the parties having made payment and have identified no issues at this time. An Affordable Housing Contribution in the amount of $21,327.50 was paid for the above referenced CPUD on March 5, 2008. The applicant has met the requirements of LDC Sec. 10.02.13.E.3.c and the commitment was removed on October 23, 2018 through Ordinance No. 18-50. There is no dispute that Benderson Properties, Inc. is the sole entity entitled to the refund. 16.F.1 Packet Pg. 1827 01/14/2020 FISCAL IMPACT: The amount of $604,581 was collected prior to collections having been suspended by the Board. The funds are contained in Fund 105 and have not been expended. Refunds have been processed to date in the amount of $499,623.50. The amount remaining to be refunded is $104,957.50. Therefore, adequate funding exists to facilitate a full refund to the eligible party. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To approve a refund of an Affordable Housing Contribution totaling $21,327.50 to Benderson Properties, Inc, due to the removal of an Affordable Housing Contribution commitment from the I75/Alligator Alley Commercial Planned Unit Development, and authorize any budget amendments that may be required. Prepared by: Paula Fleishman, Senior Operations Analyst Capital Project Planning, Impact Fees and Program Management Division Growth Management Department ATTACHMENT(S) 1. I75 Alligator Alley Benderson Receipt and Check (PDF) 2. I75 Alligator Alley Ordinance 2018-50 (PDF) 16.F.1 Packet Pg. 1828 01/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.1 Doc ID: 8512 Item Summary: Recommendation to approve a refund to Benderson Properties, Inc. totaling $21,327.50 due to the removal of an Affordable Housing Contribution commitment from the I75/Alligator Alley Commercial Planned Unit Development, consistent with Board policy. Meeting Date: 01/14/2020 Prepared by: Title: Operations Analyst, Senior – Capital Project Planning, Impact Fees, and Program Management Name: Paula Fleishman 04/01/2019 11:48 AM Submitted by: Title: Division Director - Corp Fin & Mgmt Svc – Budget and Management Office Name: Mark Isackson 04/01/2019 11:48 AM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 04/08/2019 12:56 PM Growth Management Department Thaddeus Cohen Additional Reviewer Completed 04/16/2019 9:23 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/16/2019 11:48 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/16/2019 11:57 AM Budget and Management Office Ed Finn Additional Reviewer Completed 04/16/2019 2:41 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 04/16/2019 3:19 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/05/2019 9:00 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/14/2020 9:00 AM 16.F.1 Packet Pg. 1829 Official Receipt - Collier County Board of County Commissioners Post Date Payment Slip Nbr 3t512008 AR 4171 AppI Name: AGNOLI, BARBER & BRUNDAGE Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 7400 TAMIAMI TRL N SUITE #200 NAPLES FL 34108 Prol Name: ALLIGATOR ALLEY COMMERCE CENTER Type: COM f M: 122 Subdiv Nbr: 102 Project Nbr: 2002070053 Payor : BENDERSON PROPERTIES Fee lnformation Fee Code Amount Total Payments GL Account Waived OSAFHD AFFORDABLE HOUSING DONATION 10513879536690000000 1327 .50 $21327 .50 Payment Code Amount CH ECK $21327.50 AccounUCheck Number 944334 Memo Collier County Board of County Commissioners CD-P/us for Wndows 95/NT Cashier/locataon: I,/URPHYLINDA / 1UseT: DANELLECARREL Total Cash Total Non-Cash Printed:8/6/2008 9:53:37 AM CDPRI 103 - Official Receipt Trans Number Dateazeetg ,ltilZooa i:34:09 PM DescriotiontI $o @l $21327 .50 Total Paid $21327.50 l 16.F.1.a Packet Pg. 1830 Attachment: I75 Alligator Alley Benderson Receipt and Check (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) BENDERSON PROPERIIES. INC 1ol 1 INVOICE NUMBEB DATE DESCBIPTION GROSS DISCO U NT NET coL082108 4r'7 fuilllffu 0//"/,/e oz21loa r (lt dt Alligator Alley Site Work 0;% -v14-4.7t1:i.'4 I*.*fl 21.327.50 (j rtl fu-; ,l_ i*, REC FEB FLA R 21.321.sO EIVED I 7 2008 TB DEPT CHECK NO 944334 TOTALS 21,327.50 21,327.50 M&TBANK ITHACA NY VOID AFTER 90 OAYS CHECK NO.DATE 944334 MO 02 OA 26 YR. 08 BENDERSON PROPEBTIES. INC 570 OELAWARE AVENUE BUFFALO. NY 14202 """21,327 DoLLARS 50 cENrS 50-:7999 2213 DOLLARS CENTS $ ,-,,2l.tzt.soPAY PAY TO THE OBOER OF Collier County Board of County Commissioners 2802 N. Horseshoe Dr. N. Naples FL 34104 rPO0qLqllLil. r:Oa?O000r.gr: O0q I l?I5 lrr' ^UTHOBIZEO SIG!ATI'FF VENDOR NO.59582 d,,rr/ _-_--r-_-_.-- AU THoB|ZED 516r,an)nF W,- 16.F.1.a Packet Pg. 1831 Attachment: I75 Alligator Alley Benderson Receipt and Check (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) ORDINANCE NO. 18- 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 07-26, AS AMENDED, THE I-75/ALLIGATOR ALLEY CPUD, TO ALLOW FOR THE DEVELOPMENT OF UP TO 425 MULTI-FAMILY DWELLING UNITS IN ADDITION TO THE EXISTING PERMITTED MAXIMUM 265,000 SQUARE FEET OF OFFICE AND RETAIL USES AND A 107 ROOM MOTEL, SUBJECT TO A MAXIMUM OF 1,172 TWO-WAY P.M., PEAK HOUR TRIPS FOR THE ENTIRE PUD; TO ADD AN ADDITIONAL MASTER PLAN TO REFLECT THE SITE LAYOUT IF THE PROPERTY IS DEVELOPED WITH BOTH RESIDENTIAL AND COMMERCIAL USES, AND TO LIMIT RESIDENTIAL USES TO THE AREA IDENTIFIED AS "C/R;" TO ADD DEVELOPMENT STANDARDS FOR RESIDENTIAL USES; TO MODIFY DEVELOPMENT COMMITMENTS RELATING TO ENVIRONMENTAL, TRANSPORTATION, UTILITIES, WATER MANAGEMENT, AFFORDABLE HOUSING, AND LAND USE AND PROJECT PHASING REQUIREMENTS; AND TO ADD DEVIATIONS RELATING TO PRESERVE STANDARDS. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF THE COLLIER BOULEVARD AND DAVIS BOULEVARD INTERSECTION, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.8± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. PL20180000049) WHEREAS, on February 13, 2007, the Board of County Commissioners approved Ordinance Number 07-26, the I-75/Alligator Alley Commercial Planned Unit Development (the PUD"); and WHEREAS, Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., and D. Wayne Arnold of Q. Grady Minor & Associates, representing Thompson Thrift Development, Inc., petitioned the Board of County Commissioners to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: 18-CPS-01760/1433685/1] 1 of 2 10/3/18 16.F.1.b Packet Pg. 1832 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) SECTION ONE: Amendment to the PUD Document of Ordinance No. 2007-26, as amended The PUD Document attached as Exhibit "A" to Ordinance No. 2007-26, as amended, is hereby amended to read as follows: See Exhibit "A", attached hereto and incorporated herein by reference. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this d--3 day of 0 4\061_,C-- , 2018. ATTEST: BOARD OF C .0 TY COMMI ONERS CRYSTAL K. KINZEL, CLERK COLLIER C FLORpfI By: ThCal By: A Attest as Vf-Ohlitiy,'Andy Solis, Chairman Appro eiraatsiroe Poi% and le al' : INF Scott A. Stone Assistant County Attorney Attachments: Exhibit A—PUD Document This ordinance f Secretory of r=217-thday of DjOil,:v ,4,:r)0 if 8/ ond acknowiedgcnkari filing received this ocy of /2):.J,q;eil. , JO/Y •. By 134tputy citarK. 18-CPS-01760/1433685/1] 2 of 2 10/3/18 16.F.1.b Packet Pg. 1833 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) 1-75/ALLIGATOR ALLEY GPUDM KID A COMMERCIAL MIXED-USE PLANNED UNIT DEVELOPMENT Prepared for: Randall Benderson 1993-1 Trust and WR-I Associates,Ltd. Prepared by: ROBERT L. DUANE, A.I.C.P. R. BRUCE ANDERSON, ESQ. HOLE MONTES, INC.ROETZEL &ANDRESS, L.P.A. 950 ENCORE WAY AND 850 PARK SHORE DRIVE NAPLES, FLORIDA 34110 TRIANON CENTER - 3RD FL. 239-254-2000 NAPLES, FLORIDA 34103 239-649-2708 Amended 2018 BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 Via Del Rev Bonita Springs, FL 34134 and COLEMAN, YOVANOVICH AND KOESTER, P.A. 4001 Tamiami Trail North, Suite 300, Naples, FL 34102 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Exhibit A Words underlined are additions;words struck through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 1 of 26 16.F.1.b Packet Pg. 1834 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) TABLE OF CONTENTS Page LIST OF EXHIBITS AND TABLES i43 SECTION I-STATEMENT OF COMPLIANCE, PROPERTY 4-4-4 SECTION II- OWNERSHIP,LEGAL DESCRIPTION, 2-4-6 SHORT TITLE, PROJECT DEVELOPMENT, STATEMENT OF UNIFIED CONTROL SECTION III- PRESERVE SUBDISTRICT 3-17 SECTION IV- PERMITTED USES AND DIMENSIONAL 4-4-8 STANDARDS FOR COMMERCIAL DEVELOPMENT SECTION V-DEVELOPMENT COMMITMENTS 5-1-15 Words underlined are additions;words sow-If-through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 2 of 26 16.F.1.b Packet Pg. 1835 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) LIST OF EXHIBITS AND TABLES EXHIBIT "A" CPUD MASTER PLAN EXHIBIT "B" MPH!) MASTER PLAN FOR COMMERCIAL RESIDENTIAL ALTERNATIVE EXHIBIT "Bc" LEGAL DESCRIPTION EXHIBIT "GD" LIST OF REQUESTED DEVIATIONS FROM LDC Words underlined are additions;words struelc-through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 08/01/2018 Page 3 of 26 0 16.F.1.b Packet Pg. 1836 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) SECTION I STATEMENT OF COMPLIANCE The purpose of this section is to set forth the intent of the 1-75 and Alligator Alley Development Corporation,Inc.,on 40.8 acres of land located in a part of Section 34,Township 49 South,Range 26 East, Collier County, Florida. The name of this project shall be the "I-75/Alligator Alley Commercial Planned Unit Development(CP UDMPUDr. The development of the GMPUD will be in compliance with the Planning Goals and Objectives of Collier County as set forth in the Growth Management Plan for the following reasons: 1.The subject property is located in an area identified as Interchange Activity Center#9 in the Growth Management Plan for Collier County. 2.Activity Centers are the preferred locations for the concentration of commercial activities and permit residential development up to a maximum of 16 dur'acre based on the project acreage ithin the Activity Center. 3.The subject tract is located at the intersection of Davis Blvd. (State Road 84), County Road 951, and 1-75,which affords the site access for the placement of commercial activities and multi-family residential dwellings. 4.The project shall be compliance with all applicable County regulations including the Growth Management Plan. 5.The project will be served by a complete range of services and utilities as approved by the County. 6.The proposed project is compatible with and complimentary to existing and surrounding future land uses as required by Policy 5.4 of the Future Land Use Element. Adjacent property to the west is zoned for the East Gateway PUD, a non-residential PUD, and the adjacent land to the East is Zoned C-4. 7.Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 8.The proposed development will result in an extension of community facilities and services as required by Objective 2 and Policy 5.3 of the Future Land Use Element. 9.The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 1-1 i Words underlined are additions;words struck-through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 4 of 26 014 16.F.1.b Packet Pg. 1837 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) 10. The FLUE for Interstate Activity Center allows a maximum of 55% of the total area of Interchange Activity Center#9 or 347.875 acres to be developed with commercial uses in the Interchange Activity Subdistrict. At the time of this application for rezoning, 8.35 acres is available for future retail commercial development in Interchange Activity Center #9. Therefore, the proposed CMPUD can be found consistent with this provision of the FLUE. 11. All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Section 6.02.01 of the Land Development Code* (LDC) and further required by policy 2.3 of the FLUE. 12. Development of the 1-75 Alligator Alley GMPUD will be consistent with the Activity Center#9 Interchange Master Plan. 12 Words underlined are additions;words stmek--through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 5 of 26 16.F.1.b Packet Pg. 1838 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE, PROJECT DEVELOPMENT, STATEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP The undeveloped portion of the subject property is currently owned by: Ronald Benderson and David H. Baldauf as Trustees under a trust agreement dated September 22, 1993, known as the Randall Benderson 1993 1 Trust 95 FLRPT LLC FLRPT LLC, 951 Commerce Center Property Owners Association, Inc., and WR-1 Associates,Ltd. The motel is owned by LaQuinta Properties,Inc. One fast food restaurant is owned by McDonald's Corp., and the Taco Bell restaurant is owned by Tremble and EpanyWalnut properties at the time of the Application for rezoning. 2.2 LEGAL DESCRIPTION The legal description is set forth as Exhibit "BC". 2.3 SHORT TITLE The name of this project shall be known and cited as the"I-75/Alligator Alley Commercial Mixed-Use Planned Unit Development(GMPUD)". 2.4 PROJECT DEVELOPMENT — The property is located on the north side of Davis Boulevard to the west of Collier Boulevard and bounded by 1-75 to the north. The subject property is also located in the southwest quadrant of 1-75, Exit 15 Interchange and further located in Section 34,Township 49 South, Range 26 East, Collier County, Florida. The existing PUD is developing with commercial uses that, at the time of this application for rezoning, include an existing motel developed with 107 motel units, an existing Taco Bell and an existing McDonald's restaurant. The subject property has approximately 29.4 acres more or less proposed for commercial arses—and'or residential development and approximately 11.4 acres for water management. Within the water management area, 6.12 acres will be re-vegetated if the property is developed solely with commercial uses and 9.41 acres will be re-vegetated if the property is developed with residential uses. The site drains from the south to the north and under 1-75 to the Golden Gate Canal. The elevation of the property ranges from 9 to 13 NVGD. Access to the property is provided from two access points onto Davis Boulevard. Access is also proposed to be shared with the non- residential East N "-Gateway PUD, located to the cyst west of the subject property. A maximum of 265,000 square feet,of gross leasable commercial space and 425 multi-family residential dw llirill units shall be permitted by this EMPUD, subject to the trip count in Section 5.2.K. 2.5 STATEMENT OF UNIFIED CONTROL — This statement represents that the current property owners, 95 FLRPT [LC . 93 FLRPT LLC, 951 Commerce Center Property Owners Association, Inc.. Ronald Benderson and David H. Baldauf as Trustees under a and WR-1 Associates, Ltd have undeveloped portions of the GMPUD under unified control for the purpose of obtaining GMPUD zoning on the subject property with the exception of the existing motel and two existing fast food restaurants no longer under the Words underlined are additions;words struck-through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 6 of 26 16.F.1.b Packet Pg. 1839 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) ownership of this applicant for CMPUD rezoning. The rezoning will not affect the existing development. 21 Words underlined are additions;words struck-through are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 7 of 26 f 16.F.1.b Packet Pg. 1840 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) SECTION III PRESERVE SUBDISTRICT 3.1 PURPOSE The purpose of this Section is to identify development standards for the preserve areas as shown on Exhibit "A", CPUD Master Plan, and Exhibit "B" MPtJD Master Plan for Commercial and Residential Alternative. 3.2 PERMITTED USES The CPUD and MPUD Master Plans provides for 6.12 acres and 11.49.41 acres respectively, for Water Management/Preserve Area, measured from the top of the hafiliproperty line. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations, subject to and in accordance with the LDC. However, the Preserve Area shall not be less than 6.12 acres, based on 15% of the entire 40.8 acre site if the property is developed solely with commercial uses, and 9.4m1 acres if the pruc1ty is developed with residential uses, based on 25"-U of 37.6 acres of native venciation, excludinn- existing right-of-way. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures in accordance with Policy 6.2.6 of the Conservation and Coastal Management Element of the Growth Management Plan: A. Permitted Uses and Structures 1. Passive recreation areas that do not reduce theamount of required vegetation to be preserved. 2. Water management and water management structures. 3. Mitigation areas. 4. Boardwalks and trails that do not reduce the amount of required vegetation to be preserved. 31 Words underlined are additions;words through are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 8 of 26 16.F.1.b Packet Pg. 1841 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) SECTION IV PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL AND RESIDENTIAL DEVELOPMENT 4.1 Purpose: The purpose of this Section is to delineate the development regulations that accompany the conceptual Master Plans depicted in Exhibit "A" and Exhibit "B". 4.2 Maximum Development Intensity: The maximum development intensity allowed shall be 425 multi-family dwelling units, two hundred and sixty-five thousand (265,000) square feet of gross leasable area of office or retail uses excluding the existing motel approved for 107 units or any future motels, or any combination thereof not to exceed the nip count in Section 5.2.K. The motel site is a 2.14- acre parcel that utilized 2.01 acres of the Preserve Area to achieve the permitted number of units at the time the site plan was approved, and both these areas are depicted on the Master Plans depicted in Exhibit "A" and Exhibit B . ICthe C It 'Tract. as depicted on the Exhibit 13 Master Plan, is developed with bothresidential and commercial uses, commercial uses on that tract shall be limited to the following commercial tise,s: Group 4225 Mini warehouses, air conditioned only (Shall not be permitted immediately adjacent to the right-o1- way of the Interstate.) Group 4812-48,41 Corntnunieatio s services, including towers subject to the LDC Major_(irou_60 De ository Institutions including drive-through banking Cacililics - IVilijjc)r Group 61 Non depository Credit Institutions Major Group 62 Security and Commodity Brokers. Dialers, Exchange_ and Services Major Group 63 Insurance Carriers Major Group 64 Insurance Agents. Brokers and Service Major Group 65 Real Estate Major Group 72 Personal Services, Excepting Funeral Service and Crematories 7261) Major Group 73 Business Services. Exce.t:ine Outdoor Advertising Services Group 7991 Physical I Itless Facilities iroi.ps 801, 802 Medical Practitioners' Offices 803 artd 804 Group 81 1 1 Legal services Group 871 Engineering_ Architectural and Surveying, Services soups 8711_8748 Professional consulting services Group 872 e ountin Auditing and Bookkeeping Servicesices Group 874 Management and Public Relations Services Words underlined are additions;words std-through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 9 of 26 16.F.1.b Packet Pg. 1842 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) 4.3 General Description of the CPUD Con.eeptual. Master Plans (acreages are approximate and will be determined at the time of SDP or Plat): Type of Use Amount of Acres Preserve/Water Management 11.4 acres * Commercial/Residential Area 29.4 acres*** Right-of-Way 2.9 acres ** Other, Buffer Areas and Open Space 8.7 acres ** TOTAL: 40.80 acres Exhibit "A" contains 6.12 acres of preserve/water management area to be re-vegetated; if developed with commercial only. Exhibit "B" contains 9.41 acres of preserve/water mannement area to be re-veizetated if developed with residential. contained within the commercial area Residential uses ma's only be developed within the Lirea .identified as the 2018 PUD Amendment Area on Exhibit "B". 4.4 Uses Permitted: A No building or structure, or point thereof, shall be erected, altered or used, in whole or in part other than the following: 1 1 Words underlined are additions;words sintc-k-tko.ettgli are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 10 of 26 OV3 16.F.1.b Packet Pg. 1843 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) A. Commercial Principal Permitted Uses (Listed by SIC): DIVISION A AGRICULTURE Groups 0742, 0752 Veterinarian services, exclusive of outside kenneling DIVISION D MANUFACTURING Group 752 Commercial Printing, exclusive of newspapers DIVISION E TRANSPORTATION, COMMUNICATIONS, ELECTRIC, GAS and SANITARY SEWERS Group 4225 General Warehouses and Storage, including mini warehouses Shall not be permitted immediately adjacent to the right-of- way of the Interstate.) Group 4311 Post Offices as permitted in the Zoned District-C2, exclusive of major distribution centers Group 4724 Travel Agents Groups 4812-4841 Communications services, including towers subject to the LDC DIVISION G RETAIL Major Group 52 Building Materials, Hardware, Garden Supply, Excepting Mobile Home Dealers (527) Major Group 53 General Merchandise Stores Major Group 54 Food Stores Group 5531 Auto and Home Supply Stores Group 5541 Gasoline Service Stations Accessory Use only Group 5571 Motorcycle Dealers Major Group 56 Apparel and Accessory Stores Major Group 57 Home Furniture, Furnishings, and Equipment Stores Major Group 58 Eating and Drinking Places, subject to location requirements for sale of alcoholic beverages of the LDC Major Group 59 Miscellaneous Retail, Excepting Fuel Dealers (598) DIVISION H FINANCE, INSURANCE and REAL ESTATE Major Group 60 Depository Institutions including drive-through banking facilities Major Group 61 Non-depository Credit Institutions Major Group 62 Security and Commodity Brokers, Dealers, Exchange and Services Major Group 63 Insurance Carriers Major Group 64 Insurance Agents, Brokers and Service Major Group 65 Real Estate DIVISION I SERVICES Group 7011 Hotels and Motels Major Group 72 Personal Services, Excepting Funeral Service and Crematories 7261) Major Group 73 Business Services, Excepting Outdoor Advertising Services Major Group 75 Auto Repair including carwashes Accessory Uses only Major Group 76 Miscellaneous Repair Services Group 7841 Video rental Group 7991 Physical Fitness Facilities 1 2 Words underlined are additions;words struck-threugh are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 11 of 26 16.F.1.b Packet Pg. 1844 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) Groups 801, 802, Medical Practitioners' Offices 803 and 804 Group 8111 Legal services Group 871 Engineering, Architectural and Surveying Services Groups 8711-8748 Professional consulting services Group 872 Accounting, Auditing and Bookkeeping Services Group 874 Management and Public Relations Services Chwstdr.sto ui,c and divhiv shall not be _matte l with cx e u,un that ,urden celliCrs a ithco cared turam'pj materials and products shall huc rmitti;d_ B. A maximum of 425 multi-family residential dwelling units tsublect to aminimum lease of 7 months). Residential accessory uses: a)__ accessory discs and structures customarily associated with the principal residential uses permitted in this MPU I), including but not limited to g,arages, carports, swimming pools. spas,screen enclosures, fitness centers, tot lots, dog parks and utility buildings. b) Model units including sales trailers and offices for residential project administration, construction, leasing arid marketing. c)Any other accessory use, which is comparable in nature with the fore oing. residential uses and consistent with the permitted accessory uses of this MPUD as determined by the Board of Zoning Appeals or the hearing Examiner. centers with covered storage of materi -: -: . -• :- -- -' C. Any other permitted uses which are comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the Board of Zoning Appeals. 4.5 General Permitted Uses: Certain uses shall be considered general permitted uses throughout the 1-75 Alligator Alley CMPUD except in the preserve areas. General permitted uses are those uses which generally serve the development and end users of the 1-75 Alligator Alley project and are typically part of the common infrastructure or are considered community facilities. 1.Essential services as set forth in the LDC. 2. Water management, water management facilities and related structures. 3.Lakes, including lakes with bulkheads or other architectural or structural bank Words underlined are additions;words u gh are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 12 of 26 16.F.1.b Packet Pg. 1845 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) treatments. 4. Temporary construction, sales, and administrative offices for the developer and the developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses. 5. Landscape features including, but not limited to, landscape buffers, berms, fences, and walls subject to the standards set forth in this MPUD Ordinance. 6. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this GMPUD, as determined by the Board of Zoning Appeals. 4.6 Development Standards: A. Commercial Principal Structure Standards: Table 1 below sets forth the development standards for commercial land uses within this OMPUD. Standards not specifically set forth herein shall be those specified in additional sections of the LDC in effect as of the date of the approval of the site development plan or subdivision plat. 1 3 IIS Words underlined are additions;words streelf-tirreugh are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 13 of26 16.F.1.b Packet Pg. 1846 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) TABLE 1 —COMMERCIAL DEVELOPMENT STANDARDS Front 1 setback yard Twenty five(25) feet 2 Side yard Fifteen(15) feet or one-half the building height,whichever is greater setback Minimum distance 3 Same as side yard requirements between structures 4 Rear yard One-half the building height as measured from an exterior wall. setback The maximum density allowed for the existing motel on Lot 6, Plat of 951 Commerce 5 Motel Density Center,Plat Book 17, Pages 1 and 2 is 26 units per acre based on it's prior SDP approval And intensity that utilized 2.01 acres depicted on the CPDD Exhibit"A"and'`l3"Master Plans to achieve its allowable density. For all unimproved lots the maximum floor area ratio shall be .60. Minimum 6 floor area, all One thousand (1000) square feet commercial uses Maximum 7 Not to exceed fifty(50) feetheight Minimum lot 8 Ten thousand(10,000) square feet size 9 Setback from Twenty five (25) feet for principal structures and ten (10) feet for accessory Preserve Areas structures 10 Minimum Lot One hundred (100) feet Width Should industrial uses develop within this EMPUD and are visible from I-75, an 11 Industrial Uses eight-foot high masonry wall shall be provided along I-75. See Section 34.4 for permitted Industrial Uses. 4-4 Words underlined are additions;words struck Trough are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 14 of 26 16.F.1.b Packet Pg. 1847 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) B. Commercialercial Accessory Structures: TABLE 2 —ACCESSORY STRUCTURES FRONT 20' SIDE 15' REAR 15' PRESERVE SETBACK 10' DISTANCE FROM 1/2 B.H. PRINCIPAL STRUCTURE MAX. STORIES/BLDG 2 STORIES or HT. NOT TO EXCEED 25 feet BH: Building Height GENERAL: Except as provided for herein, all criteria set forth shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. C'. Residential Development Standards: 1. Table 3 sets forth the development standards for residential land uses within this MPUD. Standards not specifically set forth herein shall be those specified. in additional sections of the LDC in effect as of the date of the approval of the site development plan or subdivision plat. 2. Guardhouses, gatehouses, access control structures clock towers, fences, walls, columns_ decorative hardscaping or architectural embellishments associated with tle_, project's entrance features are permitted within the "C/R" designated areas abutting._ the project's entrance, or within the private roadway as depicted on. Exhibit "B", MPUI) Master Plan for Commercial and Residential Alternative, and shall have no required setbacks; however, such structures cannot he located where they create vehicular stacking or sight distance issues for motorists and pedestrians, and cannot exceed 35 feet in zoned height and 40 feet in actual height. Words underlined are additions;words struck-through are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 15 of 26 16.F.1.b Packet Pg. 1848 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) TABLE 3 RESIS STANDARDS 0UO1-FAM|LY AMENITY AREA PRINCIPAL STRUCTURE Minimum Floor Area 700lF. N/A 1 Minimum Lot Area N/A 10 000 K4inimunLLotVVidth N/A N/A i Min|nnunlLntDepth N/A N/A i 1aximumHejKht Zoned 60 feet 35 feet i Actual 65feet 45feet Minimum Front Yard 15 feet 15feet Minimum Side Yard 10 feet 10 feet 10 feet from Perimeter Buffer or 0 10 feet from Perimeter Buffer or 0 Minimum Rear Yard feet from LMT feet from LMT Minimum from Western PUD 100 feet 100 feet Boundary Minimum Preserve 25 feet 25 feet Minimum Distance Between 1/ 2the sum ofbuilding heights 10 feet Structures Maximum Height Zoned 35feet 35feet Actual 40 feet 40 feet SETBACKS Minimum Front Yard SPS SPS Mipimum Side Yard SPS SPS Ofeet from Perimeter Buffer u/ Ofeet from Perimeter Buffer or Minimum Rear Yard LMT LMT Minimum from Western PUD 100 feet 100 feet Boundary Minimum Preserve 10 feet 10 feet SPS—Same as Principal LeT—I andsczwe Buffer ct(shall be platted as separate tract) xxT eMaintenance Tract(shall hcp|mtedas scparatetractL Note:_Nothin in his BUD document shall be deemed to approve a deviation from the[DC unless it s expressly stated in a list of deviations. 71). Landscaping All landscaping shall be in accordance with the re 'remcoto of the LDC. PerimeterbufferingshallbeprovidedinaccordancevvitbtheLDC. The CPUD 1POD is not subject to the requirements of Section 4.0 6.02.D5u of the LDC in order to allow Words underlined are additions, words struck through are deletions I-75/A/hgzm,Alley MPDDPL20/00V0V0*v Last Revised 09/10/2018 Page 16 of 26 4:11) 16.F.1.b Packet Pg. 1849 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) configuration of water management areas including retention areas for all development, to allow the edge of the water body to be shown as depicted on the F,xhibit"A".CPUD Master Plan,and Exhibit"B", MPUD Master Plan for Commercial and Residential Alternative. The required trees within the 25-foot buffer shall be installed on the 1-75 and CR-951 side of the berm. The existing berm will remain in its present location and will be repaired (placement of additional fill) to bring the top to the proper elevation prior to landscaping. Curvilinear plantings along the edges of those areas comprised of shrubs and grasses, which will be varied in width to give a natural appearance, shall be incorporated within the two water management pretreatment areas, as depicted on the Exhibit "A" _CPUD Master Plan, and Exhibit B", MPUD Master Plan for Commercial and Residential Alternative. The eMPUD shall also meet the applicable requirements of the LDC pertaining to the Activity Center#9 Zoning Overlay District. The requirement for a 25-foot Type D buffer along Davis Boulevard shall only be applicable to vacant lots west of the Taco Bell site. The existing ten-foot buffer in front of the Taco Bell and McDonalds sites shall remain as originally approved. (See also Deviation#3, Exhibit GI)) I5 D-L Common Area Maintenance: Common area maintenance, including the maintenance of common facilities, open spaces and water management facilities shall be the responsibility of the property- owners' association established by the developer. E.F. Architectural Guidelines: All commercial development shall meet the requirements of the LDC including the requirements of the LDC pertaining to the Activity Center #9 Overlay District and shall be in conformance with the Interchange Master Plan for Activity Center#9. The principal buildings shall be required to have three primary facades to the north, south, and east. 4-6 Words underlined are additions;words strteelc-through are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 17 of 26 i ' 16.F.1.b Packet Pg. 1850 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) SECTION V DEVELOPMENT COMMITMENTS 5.1 Environmental Standards A. A 6.12-acre preserve area depicted on Exhibit "A" the CPUD Master Plan shall be re- vegetated in accordance with the requirements of the LDC if the property is developed soley with commercial uses. H.__..__. A 9.41-acre preserve area depicted on Exhibit"B",MPUD Master Plan tier Commercial and Residential Alternative, shall be revegetated in accordance with Deviation i/4, if the pço,pertv is developed with residential uses, B. A fence shall be installed along the perimeter-of the preserve area depicted on the CPUD vegetation has matured. C. A Preserve Area Management Plan shall be provided to the Environmental Services Department for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. D. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants in perpetuity shall be the responsibility of the property owner. E. All conservation areas shall be designated as tracts/easements with protective covenants. If the property is platted, easements shall be dedicated on the plat to the property-owners' association for ownership and maintenance and to Collier County with no responsibility for maintenance. F. Berms and swales shall not be located within preserve area boundaries, if the property is developed with commercial uses only, as depicted on Exhibit "A". t:. Berms. swales and county utility easements may be located within preserve area boundaries v th the approved deviation 5, if the property is developed with residential uses, as depicted on Exhibit B". 5.2 Transportation Requirements A. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first certificate of occupancy(CO). B. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the Words underlined are additions;words struck-through are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 18 of 26 110 16.F.1.b Packet Pg. 1851 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) developer and the County shall have no responsibility for maintenance of any such facilities. C. If, in the sole opinion of the County Transportation Division Staff, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to the County before the issuance of the first CO. 51 D. The adjacent development to the west has have been designed to provide shared access or interconnections with this development. The CPUDExhibit ``A" and ``B" Master Plans indicates this location. The developer,or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. E. A directional median opening shall be constructed onto Joyrose Place in accordance with FDOT Standards at such time as improvements are made to Davis Blvd. that are anticipated to be made by the end of 2009. The left hand turn lane for this directional median will be approximately 390 feet in length. F. The directional median opening constructed on Joyrose Place may be temporary and subject to change or removal by FDOT at the time the Davis Boulevard widening project or future development commences. G. This GNIPUD shall retain water management storage and treatment for two acres of right-of-way for the six laning of Davis Boulevard. In the alternate an equivalent amount of water can be stored and treated within the water management system for the widening of Collier Boulevard if the FDOT does not have an interest in one acre of storage area for the widening of Davis Boulevard, and the County constructs at its expense the drainage conveyance system to connect to the PUDs water management system. H. This project shall be subject to the East Central TCMA requirements, which include a selection of four transportation demand management strategies and fair share payment for impacts not to exceed 15% above impact fees. This requirement shall only be applicable for development that has not received a certificate of public facility adequacy. As of the date of the adoption of this Ordinance,certificates had been issued for 145,000 square feet of unbuilt retail development. There shall be no issuance of COs for any permitted uses until such time as improvements have been substantially completed to Davis Boulevard and it is operational under a six-lane road condition unless certificates of public facility adequacy had been issued prior to the adoption of this Ordinance. J.Additional interconnections or existing interconnections may be modified or added for an additional off-ramp from 1-75 should it be constructed at a later date. Words underlined are additions;words sir-uelk-through are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 19 of 26 2S 16.F.1.b Packet Pg. 1852 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) The maximum total trip generation for the entire PUD shall not exceed 1.172 two-way PM peak hour trips. based on the use codes in the FEE Manual on trip generation rates in_effect at the time of application for SDP/SDPA or subdiyision platapproval. For the area labeled "2018 PUD Amendment Area(PE20 8000004 )" on the Exhibit B Master Plantbenaximum total trip generation shall not exceed 1,023 two-way PM peak hour trips_j_ased on the use codes in the ITE Manual on trip generation rates in effect at the tittle of application for SDP/SDPA or subdivision plat approval. L No new buildina COs for development within the area labeled "2018 PUD Amendment Area (Pt:201_80000049) on Exhibit -IF Master Plan will be allowed until the traffic signal under review with ROW permit PRRPW20180207335, and located at the intersection of Market Street and Davis Boulevard, is constructed and operational. 5.3 Utility Requirements A. The CPUD is currently serviced by an 8 inch water main, as well as a 12 inch force main, both on Bedzel Circle. 52 B.A. The developer shall contribute easements of an approximate size of 40 feet by 10 feet for two well fields at the time of the final approval of the subdivision plat or site development plan approval. The first well field is located in the northwestern most a - 'I! proposed restaurant along the eastern edge of the development. All wastewater transmission facilities shall be set back 100 feet from these well field areas as required by FDEP. A. The Owner shall convey a County Utility Easement (CUE) to the Collier County Water-Sewer District (District) along the west side of the P D for replacement of its existing 48- potable water transmission main along ('oilier Boulevard. The CUE shall be 30 feet in W idth and shall run adjacent to the western landscape buffer, from the southern right-of-way line of Interstate 75 south to and aligning with the eastern half of the existing 6() CUE recorded at O.R. 1552, pg. 2241. Adjustment of the CUE geometry to accommodate the developer's proposed site improvements, including but not limited to surface water management structures and piping, will he allowed. Languail.e shall he added to the CUE instrument restrictinu the District's riahts within the preserve to trenchlcss pipeline installation (e.g., horizontal directional drilling) in the event that:the pipe is not installed prior to preserve planting restoration. The CUE shall he conveyed in accordance with the Collier County Utilities Standards and Procedures Ordinance at no cost to the County or District, free and clear of all liens and encumbrances, within six months of the effective date of this PUD Ordinance. B. The Owner shall also cone a tern)orary construction easement ICE to the District within the western water management pre-treatment area as identified on the Exhibit A" and "B1 Master Plans._The 'FCE is needed for staging of materials and equipment associated yith construction of the water main and shall expire upon final completion Words underlined are additions;words siruelt-titrough are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 20 of 26 16.F.1.b Packet Pg. 1853 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) of the District's water main project or upon the date of the pre-construction meeting for the MID development with the Growth Management Department's Development Review Division, whichever occurs first, unless a time extension is granted in writino by_the Qwner._ The TCI: shall he conveyed in a tOrm acceptable to the County Attorney's Office at no cost to the County or District, free and clear of all liens and encumbrances. within six months of the effective date of this PUD Ordinance. 5.4 Engineering Requirements Subdivision of the site shall require re-platting in accordance with the LDC to define the right- of-way and tracts shown on the GMPUD Master Plans. 5.5 Water Management Requirements A. Exhibit "A" The CPUD Master Plan provides for 11.4 acres for water management/preserve area measured from the top of the bank. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations, subject to and in accordance with the LDC. The preserve area shall not be less than 6.12 acres, based on 15% of the entire 40.8 acre site, if the property is developed with commercial usesonlv. B. Exhibit"B", MPUD Master Plan tbr Commercial and Residential Alternative,provides for 11.4 acres for water managementlpreserve area measured from the top of the bank. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations, subject to and in accordance with the LDC. The preserve area shall not be less than 9.41± acres, based on 25% of the 37.61, acres of native vegetation at the time of approval of PUD Ordinance 89-82, if the property is developed with residential uses. B.C. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. The wet season water table elevation shall be established at the time of South Florida Water Management District (SFWMD)permitting. D.E. See also Paragraph 5.2.G of Section V addressing provisions for acceptance of run-off from Davis Boulevard. 5.6 Affordable Housing Requirement: The developer shall make a payment of fifty cents ($.50)per gross leasable square foot to the Collier County Affordable Housing Fund at the time of SDP approval. This commitment and force, and /or other gap housing or housing needs impact fee, mitigation, exaction, fee, contribution, linkage fee, and/or other similar tax or charge, which would otherwise be Words underlined are additions;words struck through are deletions I-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 21 of 26 16.F.1.b Packet Pg. 1854 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) applicable to the CPUD property. Gross leasable square foota:- . which. COs or certificates of ptrblfc facility adequacy have been issued prior to the date of 53 5.75.6 Land Use and Project Phasing: A. Thei.xhibit "A" CPUD Master Plan provides for areas of commercial use and, water management areas, and retained vegetation areas and road rights-of-way as depicted on Exhibit "A", the CPUD Master Plan.The CPUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval,based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements.All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. The anticipated time of build out of the project is approximately six (6) years from the e . market conditions. Exhibit"B"_ MPUD Master Plan for Commercial and Residential.Alternative, provides for areas of commercial use, residential use, water management areas, retained vegetation areas and road riuhts-of-wa T. Exhibit '`B" MPUD Master Plan for Commercial and Residential Alternative, is designed to be flexible with regard to the placement ofbuildings, tracts and related utilities and water management facilities. All tracts mai-_ be combined or developed separately subject_ to compliance with the applicable dimensional requirements contained within this document. However. residential uses are only permitted on the tract labeled "C/R". 5.7 Landscapin Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC.: sections 4.06.02 and 4.06.05.E.I Supplemental plantings_ with native plant materials shall be in accordance with 1 l)( section .Q5.07. 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Zl m z c men)- 70 z-14oNOor nmc om o v:ot cnyDAr lnp u^+, s IAN R R =R a 7g a D n n 3 n NOrN>0,m poli o S m m A O n MIF MM 7C-1 ;mV) Or vo N N N = 3 S m 4 : n I eZD2gi v s s w • p mcomm0 _,,, b:.,, am Ll v 8 8 a x 4 1 ; k Es. 2 m P.O SS F Fa i R E o Oz I -Cm_m 8g ore $ v € FI i <G O p z myC;mmm-' v.iA r:Ri R F 9 R' 2 8 y Pt@ \$a z 1--, Oen $o 02 R i8 ' P 0a lig- `^ m F: 3 16.F.1.b Packet Pg. 1857 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) EXHIBIT "BC" LEGAL DESCRIPTION A parcel of land located in the East 1/2 of Section 34, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast comer of Section 34, Township 49 South, Range 26 East, Collier County, Florida; thence run North 00°32'14" West along the East line of the Southeast quarter of the said Section 34 for a distance of 50.00 feet; thence run North 89°46'4" West, parallel with the South line of the Southeast quarter of the said Section 34 and along the Northerly right-of-way line of State Road 84 (previously known as State Road 858) for a distance of 455.36 feet to the POINT OF BEGINNING of the parcel of land herein described; thence continue North 89°46'14" West along the Northerly right-of-way line of State Road 84 for a distance of 863.63 feet; thence run North 00°26'6" West for a distance of 2,071.97 feet to a point of intersection with the Southerly right-of-way line of State Road No. 93 (Interstate 75) as the same is shown on State of Florida Department of Transportation right-of-way map for Florida State Road No. 93 (1-75) Section 03175-2409, Sheet 6; thence run South 63°27'12" East along said right-of-way line for a distance of 146.86 feet; thence ran South 52°20'28" East along said right-of-way line for a distance of 536.53 feet; thence ran South 45°13'56" East along said right-of-way line for a distance of 645.39 feet; thence ran South 23°17'0" East along said right-of- way line for a distance of 332.81 feet; thence ran South 02°46'25" East along said right-of-way line for a distance of 630.50 feet; thence ran South 11°15'9" East(South 11°12'43" East per F.D.O.T. Map) along said right-of-way line for a distance of 69.56 feet to a point located 275.00 feet North of, as measured at right angles to, the South line of the Southeast quarter of the said Section 34, and a point on the North line of that parcel of land described in O.R. Book 699 at Page 1723 of the Public Records of Collier County,Florida;thence ran North 89°46'4"West,parallel with the South line of the Southeast quarter of the said Section 34 for a distance of 157.32 FEET TO A POINT LOCATED 300.00 feet Westerly of, as measured at right angles to, the East LINE OF THE SOUTHEAST quarter of the said Section 34, and a point on the Easterly line of that parcel of land described in O.R.Book 588 at Page 1805 of the Public Records of Collier County, Florida; thence ran North 00°32'14" West, parallel with the East line of the Southeast quarter of the said Section 34 for a distance of 124.87 feet to a point on a circular curve concave to the Southeast whose radius point bears South 12°00'29" East therefrom; thence ran Southwesterly along the arc of said curve to the left, having a radius of 224.66 feet, through a central angle of 78°3'45", subtended by a chord of 284.38 feet at a bearing of South 38°43'39" West, for a distance of 307.92 feet to the end of said curve; thence ran South 00°32'4" East, parallel with the East line of the Southeast quarter of the said Section 34 for a distance of 102.63 feet to the beginning of a tangential circular curve, concave to the Northeast; thence run Southeasterly along the arc of said curve to the left, having a radius of 25.00 feet, through a central angle of 89°14'00", subtended by chord of 35.12 feet at a bearing of South 45°09'4" East, for a distance of 38.94 feet to the POINT OF BEGINNING. Containing 40.79 acres, more or less. Words underlined are additions;words mouth-titre-ugh are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 25 of 26 0 16.F.1.b Packet Pg. 1858 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) EXHIBIT "ED" LIST OF REQUESTED DEVIATIONS FROM LDC 1.A deviation is granted from the requirements of Section 4.06.02D. Standards, for retention and detention areas in buffer yards, referenced in Subsection of 4.06.02(D)5.a. of the LDC which states "The shape of a manmade body of water, including retention and detention areas, must be designed to appear natural with curvilinear edges", the referenced Standard is the re-vegetated areas to be provided in the preserve areas of shrubs and grasses to be planted along the perimeter of the water management pre-treatment areas. 2.A deviation is granted from Subsection 4.06.05 H of the LDC that requires the toe of the slope to be set back a minimum of five feet from the edge of the right-of-way or property line, to allow the toe of the existing berm that was constructed in 1990 as part of the previously approved South Florida Water Management District permit to be located on the property line. 3.A deviation is granted from the requirements of Subsection 4.02.23D1.a. of the LDC, Development in the Activity Center#9 Zoning District that requires a buffer 25 feet in width, (a Type "D"buffer) is only applicable to vacant lots west of the Taco Bell site. The existing ten-foot buffer in front of Taco Bell and McDonald's site shall remain 10 feet in width as originally approved and developed. 4,Relict' from LDC Section 3.05.07.1l.1.e.ii b Created reserves which re uires that Approved created preserves may be used to recreate not more than two acres of the rec uired reserves if the aro lcrty has e.ual to or Treater than twent: acres and less than eighty acres of existing native vegetation". to allow for the creation and/or replanting of 3.29 acres of onsite native vegetation preservation area. 5.Relief from LDC Section 3.05.07.11.1.1 d), Preserve standards, which requires that "no individual residential or commercial lot, parcel lines or other easements including but, not limited to, utility or access easements that are not compatible with allowable uses in )reserve area. may ro ect into a reserve". to allow water maria 7ement facilities, berms, and Collier County utility,easements to be located within the native vegetation preservation area, as depicted on the Master Plan. Relief from LDC 3.(15.07.1-1.l.h.ii.t)which states that"when dischat.zcs are allowed in preserves the associated stormwater facilities such as berms, swales, or outfall structures, may he located within the preserve, but the area of such facilities cannot count towards the name \eget rtiou_preser\°ation requirement pursuant to section 3.O5 07,"toallow forberms to count toward the minimum native vegetation so as long as they are recreatedin accordance with LDC section 3,05.07.11.1.e. Words underlined are additions;words strucks4neek-threugh are deletions 1-75/Alligator Alley MPUD PL20180000049 Last Revised 09/10/2018 Page 26 of 26 16.F.1.b Packet Pg. 1859 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund) 14-6,,,%, G .„. 5.‘,•- 99,A .,1,-. t t FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State October 29, 2018 Ms. Crystal K. Kinzel, Clerk Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha S. Vergara Dear Ms. Kinzel: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 18-50, which was filed in this office on October 29, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us 16.F.1.b Packet Pg. 1860 Attachment: I75 Alligator Alley Ordinance 2018-50 (8512 : I75 Alligator Alley Affordable Housing Contribution Refund)