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Ordinance 2020-003 ORDINANCE NO. 20- 03 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 07-54, THE TREE FARM MIXED-USE PLANNED UNIT DEVELOPMENT (CPUD), TO INCREASE THE MAXIMUM RESIDENTIAL DWELLING UNITS TO 460 FOR A MIX OF HOUSING TYPES; TO ADD 105,000 SQUARE FEET OF INDOOR AIR- CONDITIONED SELF- STORAGE; TO ALLOW UP TO 140 HOTEL UNITS; TO ALLOW UP TO 150 ASSISTED LIVING FACILITY UNITS; TO REDUCE THE COMMERCIAL/OFFICE USES FROM 120,000 SQUARE FEET TO 80,000 SQUARE FEET; BY REQUIRING THAT ALL USES ARE SUBJECT TO A CAP ON TRAFFIC GENERATION; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN AND REVISING DEVELOPER COMMITMENTS. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF IMMOKALEE ROAD (CR 846) AND COLLIER BOULEVARD (CR 951), IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 58.84± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20180002194] WHEREAS, on June 26, 2007, the Board of County Commissioners approved Ord. No. 07-54, which created the Tree Farm Mixed Use Planned Unit Development ("MPUD"); and WHEREAS, TBC TREE FARM 1 LLC and TBC TREE FARM 2 LLC, represented by Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. and D. Wayne Arnold, AICP of Q. Grady Minor & Associates, Inc., petitioned the Board of County Commissioners to amend the MPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Zoning Classification. The PUD Document attached to Ordinance No. 07-54, is hereby amended in accordance with the revised PUD Document, attached hereto as Exhibit A and incorporated by reference herein. [19-CPS-01867/1513099/1143 Tree Farm MPUDA\PL20180002194 Page 1 of 2 12/11/19 SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this / Its` day of ki Q v , 2020. '.4 ATTEST: BOARD OF ! TY COMMISSIONERS CRSTAL, IVOitCLERK COLLIE J TY, ! 'IDA " BY .. `,.rY" ,- I By: , S4 ��j' D, Clerk illiam L. McDaniel, Jr., Chairman ti nada PIY4:. .. ,� Approved as to forth-and legality: Heidi As ton-Cicko Managing Assistant County Attorney Attachments: Exhibit A -PUD Document This ordinance filed with ti-;t• Aytary of tote's Cffica +.'H: 2620 day of , y___. and acknowledgenN,iti 3T-1c_a fi i received *iiaZv day By D p4clark [19-CPS-01867/1513099/1]43 Tree Farm MPUDA\PL20180002194 Page 2 of 2 12/11/19 TREE FARM MPUD A MIXED-USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE TREE FARM MPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: LANDQUEST GROUP 5150 TAMIAMI TRAIL NORTH NAPLES,FLORIDA 34103 PREPARED BY: ENGINEERING 6610 Willow Park Drive Suite 200 Naples,Florida 34109 and R.BRUCE ANDERSON CHEFFY PASSIDOMO,P.A. 821 5TH AVENUE SOUTH NAPLES,FLORIDA 34102 AMENDED BY: O.GRADY MINOR AND ASSOCIATES,P.A. 3800 VIA DEL REY,BONITA SPRINGS,FL 34134 And COLEMAN,YOVANOVICH AND KOESTER,P.A. THE NORTHERN TRUST BUILDING,4001 TAMIAMI TRAIL NORTH,SUITE 300,NAPLES,FLORIDA 34103 DATE REVIEWED BY CCPC: DATE REVIEWED BY BCC: ORDINANCE NUMBER: 07-54 AMENDMENTS AND APPEAL: HEX 2015-42,HEX 2018-12 EXHIBIT"A" Words underlined are additions;words-truc/E-through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 1 of 32 TABLE OF CONTENTS LIST OF EXHIBIT AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL MIXED-USE DISTRICT(C) SECTION IV RESIDENTIAL DISTRICT(R) SECTION V PRESERVE DISTRICT(P) SECTION VI DEVELOPMENT COMMITMENTS Words underlined are additions;words struc/cthrough are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 2 of 32 LIST OF EXHIBIT AND TABLES EXHIBIT"A" MPUD MASTER PLAN EXHIBIT"B" DEVIATION#1 CROSS SECTION EXHIBIT"D" COMPLIANCE AGREEMENT TABLE IA FLUE ELIGIBLE DENSITY TABLE IB MPUD DENSITY TABLE II PROJECT LAND USE DISTRICTS TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT TABLE IV DEVELOPMENT STANDARDS FOR RESIDENTIALDISTRICT TABLE V DEVELOPMENT STANDARDS FOR RECREATIONAL AREA Words underlined are additions;words are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 3 of 32 STATEMENT OF COMPLIANCE The development of±58.84 acres of property in Collier County, Florida, as a Mixed Use Planned Unit Development (MPUD) to be known as the Tree Farm MPUD, shall be in compliance with the goals, objectives, and policies of the Collier County Growth Management Plan (GMP), Land Development Code(LDC)and other applicable codes and ordinances.The commercial and residential uses and recreational facilities of the Tree Farm MPUD will be consistent with the growth policies, land development regulations,and applicable comprehensive planning objectives of each of the GMP elements for the following reasons: 1. The subject property is 58.84+/-acres in size and is designated Urban on the Future Land Use Map, with 40.15 acres located within a residential density band of the Urban Mixed Use District, Urban Residential Subdistrict, and 18.69 acres located within Commercial District, Mixed Use Activity Center Subdistrict,as identified on FLUM.Consistent with the provisions of Objective 1 of the Future Land Use Element(FLUE), all uses contemplated are consistent with these respective designations. 2. Approximately 18.69 acres of the subject property is located within an area identified as Activity Center#3 in the FLUE of the GMP for Collier County. 3. Activity Centers are the preferred locations for concentration of commercial and mixed use development activities. The subject property is located on the northwest corner of the intersection of Immokalee Road and Collier Boulevard(C.R. 951).This strategic location will allow superior access to the site, and provide an ideal location for commercial activities. The project is a mixed use development located within, and less than one mile from, an Activity Center. Therefore,the proposed commercial uses and residential densities are consistent with the FLUE of the Collier County GMP. 4. The development will be compatible and complimentary to existing and planned surrounding land uses(Policy 5.46). 5. The project must comply with the provisions of Division 6.02.01, adequate public facilities requirements of the LDC. Therefore, it will implement, and further Objective 2 of the FLUE, Objective 8 of the Transportation Element, Objective 1.2 of the Sanity Sewer Sub-Element. 6. The maximum allowable density as set forth under the FLUE Density Rating System and Mixed Use Activity Center is as follows: Words underlined are additions;words st eeelc through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 4 of 32 FLUE Designation Acres Eligible Base Eligible Total Eligible +/- Units/Acre Bonus Eligible Gross Density/Acre Density/Acre Density Total DUs Mixed Use Activity 18.69 16 N/A 16 299704 Center Subdistrict Urban Residential 40.15 4 3 7 2815 Subdistrict,Density Band Total 58.84 N/A N/A 9.8586 580.00* Table IA: FLUE Eligible Density (* Rounded) FLUE Designation Acres MPUD Density Eligible MPUD Gross +/- Units/Acre Density/Acre DensityTotal DUs Mixed Use Activity 18.69 0:009.58 16 0799179 Center Subdistrict** Urban Residential 40.15 7.00 7 281.05 Subdistrict, Density Band Total 58.84 11.787.82 9.86 284-460.00* Table IB: MPUD Density (*Rounded) ** Per the Future Land Use Element, C. Urban Commercial District, Mixed Use Activity Center Subdistrict: A minimum of 30%of the Activity Center-accumulated density shall be constructed within the Activity Center. The remaining 70%of the Activity Center-accumulated density shall be constructed within 1/3 mile of the Activity Center. The maximum number of the Activity Center-accumulated density must not exceed 179 dwelling units. 7. The MPUD sets forth a maximum density of 281 X60 dwelling units or 7.82 dwelling units per gross acre,dispersed throughout the project site in accordance with the Future Land Use Element, : • - -• - : _- - - subject to the vehicular trip cap in Section 6.3.J. of this PUD or 4.78 dwelling units per acre. The Activity Center shall be: developed at a human scale;pedestrian-oriented; and, interconnected with the remaining portions of the project with pedestrian and bicycle facilities. 8. The MPUD has been designed to provide for future vehicular interconnectivity to the west, and has been designed to provide vehicular, pedestrian and bicycle interconnectivity throughout the project, including between the commercial and residential components. Words underlined are additions;words struck through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 5 of 32 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Tree Farm MPUD. 1.2 LEGAL DESCRIPTION BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA. PARCEL 1: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR HIGHWAY RIGHT-OF- WAY, PARCEL 2: THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 3: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA,SUBJECT TO AN EASEMENT FOR PUBLIC RIGHT-OF-WAY OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING THE SOUTH 100 FEET THEREOF FOR CANAL RIGHT-OF-WAY. COMMENCING AT THE NORTHEAST CORNER OF SECTION 22,TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE SAID EAST LINE, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE EAST QUARTER (1/4) CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER(1/4)OF SAID SECTION 22, S. 00°50'18" E.,A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE OF A 100 FEET WIDE CANAL RIGHT-OF-WAY; THENCE LEAVING THE SAID EAST LINE,N. 89°57'31"W.,A DISTANCE OF 660.13 FEET ALONG THE SAID NORTH LINE; THENCE LEAVING THE SAID NORTH LINE, N. 00°44'25" W., A DISTANCE OF 2568.56 FEET TO A POINT ON THE EAST-WEST QUARTER(1/4)LINE OF SAID Words underlined are additions;words stretelf-through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 6 of 32 SECTION 22; THENCE LEAVING THE SAID EAST-WEST QUARTER (1/4) LINE N. 00°45'01" W., A DISTANCE OF 1334.03 FEET; THENCE N. 89°56'17" E., A DISTANCE OF 653.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2,563,283.4 SQUARE FEET OR 58.84 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 13 PROPERTY OWNERSHIP The subject property is owned by: TBC Tree Farm 2, LLC (Folio: 00187400000, and 00187400002) TBC Tree Farm 1, LLC (Folio: 00188040005) Collier County(Folio: 00190041403, 7.42 ac property conveyed fee simple to Collier County —OR4413 PG 3834) 1.4 DEVELOPER The Tree Farm property is intended to be developed by the Tree Farm Land Trust or assignee. All reference to the"developer"as may be contained in this MPUD Document shall mean the Tree Farm Land Trust, unless, and until the subject property described and depicted in this MPUD Document is conveyed, or assigned. It is the responsibility of the Tree Farm Land Trust to notify Collier County,in writing,of the land conveyance,or assignment of the subject property described and depicted in this MPUD Document within six months from the actual conveyance, or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in Section 22,Township 48 South,Range 26 East,Collier County. It consists of±58.84 acres located in the northwest corner of the intersection of Immokalee Road (CR 846) and Collier Boulevard (C.R. 951). The property was previously used as a tree nursery. Improvements on the property consist of a small maintenance shed and the property is generally without topographic relief, with the average elevation at approximately 13 feet above mean sea level. The water management system will consist of approximately±6.4 acres of water management areas that will receive runoff from structures and parking areas. Run-off is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's eastern boundary.Discharge will be into the Cocohatchee Canal that runs along Immokalee Road. Allowable discharge rates will be in accordance with applicable County ordinances. The water management system will be permitted by the South Florida Water Management District(SFWMD)through the Environmental Resource Permit(ERP)process. All rules and regulations of SFWMD will be imposed upon this project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, and water quality pre- Words underlined are additions;words s -through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 7 of 32 treatment. 1.6 PROJECT DESCRIPTION The Tree Farm MPUD shall be a mixed-use development. The southern ±18.69 acres of the property, located within Activity Center#3, shall allow for a variety of commercial uses. The remainder of the property shall be used for residential development. The commercial land uses within the Activity Center portion of the property are those typically associated with major intersections, including,but not limited to,convenience stores with gas pumps,restaurants,banks,and shopping centers anchored by a major grocery or retail store(s).The commercial uses and signage will be designed to be harmonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations are authorized, compatibility and harmony will be achieved by using common architectural elements and common entryway signage and landscape design themes. The amenities proposed to be provided as part of the residential and recreational portion of the project include, but are not limited to structures (clubhouse), and complimentary areas (swimming pool, children's playground, and tennis facilities) to provide social and recreational space, lakes,natural and landscaped open spaces, and a variety of passive(native preserves)and active recreational opportunities. Access to the property will be from Collier Boulevard (C.R. 951) and will include an access point off Immokalee Road,when a shared access agreement with the adjacent property to the west is negotiated. The access from Immokalee Road will be aligned with the access to the Pebblebrooke Subdivision located south of Immokalee Road, and across from and to the west of subject property. Access from Collier Boulevard is depicted on the MPUD Master Plan as follows: a right in / right out access at approximately 660 feet from the Collier Boulevard, Immokalee Road intersection; a directional median opening at approximately one-quarter (1/4) mile from Collier Boulevard, Immokalee Road intersection; a full median opening at approximately one-half(1/2)mile from the Collier Boulevard, Immokalee Road intersection; and an optional right in/right out access at approximately three quarter (3/4) mile from the Collier Boulevard/Immokalee Road intersection. The directional and full median openings will be aligned with the access points approved for the Heritage Bay DRI,and all access points are subject to review and approval of Collier County Transportation Services Division. All median openings are subject to modification or closure by Collier County in the exercise of its police power. Additionally, this project has provided adequate land to accommodate the widening of Immokalee Road and Collier Boulevard, including intersection improvements and the reconfiguration of the Immokalee canal to facilitate such improvements. The Tree Farm MPUD will be served with centrally provided potable water, sanitary sewer, electric power, and telephone facilities. Additional services will be provided as deemed appropriate. Words underlined are additions;words struelk-through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 8 of 32 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Tree Farm Mixed-Use Planned Unit Development(MPUD) Ordinance". THIS SPACE INTENTIONALLY LEFT BLANK Words underlined are additions;words struck through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 9 of 32 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances,the respective land use districts within the Tree Farm MPUD, as well as other project relationships. 2.2 DESCRIPTION OF PROJECT PLAN AND LAND USE DISTRICTS The project Master Plan, including layout of streets and use of land is graphically illustrated by Exhibit"A", MPUD Master Plan. There shall be four land use districts, portions of which may include water management lakes or facilities, and private rights-of-way or drive aisles. A breakdown of the Tree Farm MPUD land use districts and their respective acreages is presented in Table I. TABLE II PROJECT LAND USE TRACTS DISTRICT TYPE ACREAGE "C/MU" COMMERCIAL MIXED-USE ±18.69* RESIDENTIAL ±39A-964 4" RECREATIONAL AREA ±0.45 "P" PRESERVE ±0.51 TOTAL 58.84 * Note:the MPUD provides for a total of 7.42 acres of right-of-way conveyance for Collier Boulevard, expansion of Immokalee Road, and improvements to the intersection of these two arterial roadways. This right-of-way conveyance includes 4.34 acres within the "C/MU" Commercial Mixed-Use Tract (Activity Center) and 3.08 acres within the "R" Residential Tract 2.3 MAXIMUM PROJECT DENSITY AND INTENSITY A. The Commercial Mixed-Use District will be limited to ±18.69 acres within the designated Activity Center. The Residential District will be limited to±39.4-9-64 acres. B. Intensity: A maximum of 4980,000 square feet of commercial uses and 105,000 square feet of indoor self-storage uses may be constructed within the Commercial Mixed-Use District, of which a maximum of 100,000 square feet may be retail or office and the balancc(above 100,000 square feet) is limited to office use, as set forth in Section 3.3 of this MPUD. Words underlined are additions;words are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 10 of 32 C. Approved Density: A maximum of 281 160 multi-family/single-family attached/townhouse units and Of 138 single-family detached residential dwelling units may be constructed in the total project area subject to the trip cap in Section 6.3.J of this PUD. The gross project area is 58.84± acres. The gross project density, therefore, will be a maximum of 1.787.82 dwelling units per acre. The Activity Center shall be developed at a human scale, be pedestrian-oriented, and be interconnected with the remaining portion of the project with pedestrian and bicycle facilities. 2.4 EXISTING STRUCTURES The existing principal structures within the MPUD boundaries may be retained and utilized through the construction and platting phases of the development. 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS A. A minimum of 0.51 acres (25% of the 2.02 acres of native vegetation on site) is required to be retained or replanted.The Tracts identified as"P,"contain 0.51 +/-acres and fully satisfy the native vegetation requirements. B. This MPUD is subject to a Compliance Agreement entered into and made on June 6, 2005 by and between Collier County and the Tree Farm Land Trust, with respect to vegetation removal on the subject property.This Agreement establishes that 0.51 acres of native preserve shall be provided within the MPUD. A copy of this Compliance Agreement is attached as Exhibit"D". 2.6 RIGHTS OF WAY At the discretion of the developer, the minimum right of way width to be utilized for all internal project streets may be fifty feet (50'). Deviation #1 from Section 6.06.01(0) of the LDC. Utilization of lands within all project rights of way for landscaping, decorative the Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.7 FENCES AND WALLS Deviation#2 seeks relief from LDC Section 5.03.02.C,which permits a maximum wall height of 6' in residential zoning districts and residential components of a PUD,to allow a maximum wall height of 8' along the perimeter of the PUD, and allow a 12' wall/berm combination within residential portions of the PUD along Collier Boulevard. The berm portion of the 12' wall/berm shall be a minimum of 3' in height. Words underlined are additions,-words n^eugl4 are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 11 of 32 2.8 SIGNAGE A. General All signs will be provided in accordance with Chapter 5.06.00 of the LDC except in the following instances. 1. Boundary marker monuments containing project identification signs designed to identify the project,or any major use within the project, shall be permitted in locations depicted on the MPUD Master Plan (Exhibit "A"). Said boundary marker monument shall not exceed 6 feet in height as measured from finished grade at the location of the boundary marker monument. The sign face arca for such boundary markers shall not exceed 61 square feet in arca and shall not exceed the height or length of the monument on which it is located. If the sign is two sided, each sign shall not exceed 64 square feet in arca. Each sign shall only contain the main project name, insignia or motto of the entire development, and the developer's name and logo. Boundary marker monuments shall be setback a minimum of 10 feet from any MPUD perimeter - . • •I . - 2. One off premises sign may be located to the west of the Tree Farm MPUD immediately adjacent to the west of Tree Farm MPUD. The off premise sign may deviate from the maximum 12 square foot size set forth in Section 5.06.04.C.15.b.i., but may not exceed 16 square feet in size, and may also deviate from Section 5.06.04.C.15.b.v.,which requires such off site signs to be located within 1000 feet of the intersection of the arterial roadway serving the - . e -. Words underlined are additions;words struelf-through are deletions Tree Farm MPUD, PL2018000219.1 Last Revised 12/11/2019 Page 12 of 32 SECTION III COMMERCIAL MIXED-USE DISTRICT (C/MU) 3.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as District "C/MU",Commercial on Exhibit"A",MPUD Master Plan.The general function and purpose of this District is to provide the opportunity for diverse types of commercial activities that deliver goods and services, including entertainment and recreational attractions, to many segments of the population. 3.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET AND MINIMUM RESIDENTIAL DEVELOPMENT The 18.69±acre commercial area(District"C"), is limited to a maximum of X080,000 square feet of commercial/office uses, of which a maximum of 100,000 square feet may be retail or officc and the balance (above 100,000 square feet) is limited to office use. -Indoor storage uses are in addition to the square footages identified above but shall not exceed 105,000 square feet. A minimum of 30 percent of the density generated from the Activity Center acreage shall be developed within the Commercial Mixed Use District, (a minimum of 54 dwelling units) and the balance of the density generated from the Activity Center acreage may be developed within 1/3 mile of the Activity Center boundary. 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. Group 0742 — Veterinary services for animal specialties (except outdoor kennel) Group 0742 — Veterinary services for animal specialties (except outdoor kennel); 2. Group 4225 —self storage: indoor air-conditioned self-storage with no outside storage. Storage units with roll up doors are not required to be air conditioned. 13. Establishments furnishing point-to-point communications services as outlined under Major Group 48 in the Standard Industrial Classification Manual; no communication towers are permitted. 3:4. Group 5231 —Paint glass, and wallpaper stores; 45. Group 5251 —Hardware stores; 'Reference Executive Office of the President,Office of Management and Budget,Standard Industrial Classification Manual, 1987 Edition. Words underlined are additions;words struelk-through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 13 of 32 576. Group 5261 —Retail nurseries, lawn and garden supply stores; 6:7. Major Group 53—General merchandise stores. 778. Major Group 54 - Food stores. 8,9. Group 5531 —Auto and home supply stores, not including any installation facility; 910. Group 5541 —Gasoline stations, not including service facilities; 44111. Group 7542—Carwashes only. 4-1712. Industry Group 555 —Boat dealers. 413. Major Group 56—Apparel and accessory stores. -1-3714. Major Group 57—Home furniture, furnishings, and equipment stores. 414:15. Major Group 58—Eating and drinking places. 416. Major Group 59—Miscellaneous Retail. Industry Group Numbers: 596— nonstore retailers; 598—and not including retail sale of fireworks. 417. Major Groups 60, excluding 6099 check cashing agencies, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 418. Group 7011 —Hotels and motels. The maximum floor area ratio for hotels shall not exceed a factor of 0.60. Not to exceed a maximum of 2-58140 units for the entire PUD. 18 Establishments operating primarily to provide personal services for the following Industry groups: a 721 — Laundry, cleaning, and garment services, only including Group 7211 —power laundries, family and commercial, Group 7215 — Coin-operated laundries and dry-cleaning, and Group 7217 — carpet and upholstery cleaning; b. 722—Photographic portrait studios; c. 723 —Beauty shops d. 724—Barber shops; e. 725—Shoe repair shops and shoeshine parlors; f. 729—Miscellaneous personal services,only including Group 7291 Tax return preparation services, and Group 7299 personal services, not elsewhere classified, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. Words underlined are additions;words struck through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 14 of 32 19. Establishments operating primarily to provide business services for the following Industry Groups: a. 731 —Advertising,not including Group 7312 outdoor advertising services agencies; b. 733—Mailing,reproduction,commercial art and photography, and stenographic services; c. 735—Group 7352—medical equipment rental and leasing; d. 737 — Computer programming, data processing, and other computer related services, not including Group 7371 — computer programming services. 20. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Group 7384, photofinishing laboratories. 21. Group 7513 —Truck rental and leasing, without drivers; Group 7514—passenger car rental; Group 7515 — passenger car leasing; and Group 7519 — utility trailer and recreational vehicle rental. 22. Group 7631 — Watch, clock, and jewelry repair, and Group 7699 —repair shops and related services, not elsewhere classified. 23. Group 7832 — Motion picture theaters, except drive-in, and Group 7841 —video tape rental. 24. Major Group 79—Amusement and recreation services, for the following industry numbers: a. Group 7911 —Dance studios, schools and halls b. Group 7922 — Theatrical producers (except motion picture) and Group miscellaneous theatrical services c. Group 7941 — Professional sports clubs and promoters, only including managers of individual professional athletes, and promoters of sports events. d. Group 7991 —Physical fitness facilities e. Group 7999 — Amusement and recreation services, not elsewhere classified, to include moped rental, motorcycle rental, rental of bicycles, schools and camps-sports instructional, scuba and skin diving instruction, sporting goods rental only. 25. Major Group 80—Health services for the following industry groups: a. 801 —Offices and clinics of doctors of medicine; b. 802—Offices and clinics of dentists; c. 803 —Offices and clinics of doctors of osteopathy; d. 804—Offices and clinics of other health practitioners. 26. Major Group 807 — Medical and dental laboratories for the following industry numbers: a. Group 8071 —Medical laboratories; b. Group 8072—Dental laboratories. Words underlined are additions;words strrelc-through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 15 of 32 27. Establishments operating primarily to provide legal services as defined under Major Group 81. 28. Group 8231 —Libraries. 29. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86. 30. Establishment operating primarily to provide engineering, accounting, research, and management for the following IndustryNumbers: a. Group 8711 —Engineering services b. Group 8712—Architectural services c. Group 8713 —Surveying services d. Group 8721 —Accounting, auditing and bookkeeping services e. Group 8732—Commercial economic, sociological, and educational research f. Group 8741 —Management services g. Group 8742—Management consulting services h. Group 8743 —Public relations services i. Group 8748—Business consulting services. 31. Offices of government as defined under Major Group 91 — Executive, legislative, and general government, except finance. 32. Residential multi-family dwelling units, whether in a free standing residential building or located in a mixed commercial and residential building.Mixed use buildings shall adhere to the development standards set forth in Table III below. Residential units shall not be located on the first floor of a mixed use building, and shall be subject to a minimum per unit floor area of 1,000 square feet. Residential buildings with no commercial component shall adhere to the development standards set forth in Table IV. A minimum of 54 dwelling units and a maximum of 179 dwelling units shall be constructed within the C/MU designated area consistent with the requirements for Mixed-Use Activity Centers and Growth Management Plan. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage. 2. Uses and structures that are accessory and incidental to the permitted uses within this MPUD Document. 3. One caretaker's residence. Words underlined are additions;words struek-through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 16 of 32 3.4 DEVELOPMENT STANDARDS A. Table III below sets forth the development standards for land uses within the Tree Farm MPUD Commercial District. Standards not specified herein shall be those specified in applicable sections of the LDC in effect as of the date of adoption of this Ordinance. Words underlined are additions;words stretele-thretegh are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 17 of 32 TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 sq.ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS(External) From Immokalee Road Canal ROW 25 ft. SPS From Future Extension of Collier Blvd. 25 ft. SPS From Western Project Boundary O 25 ft. 15 ft. MINIMUM YARDS(Internal) Internal Drives/ROW 15 ft. 10 ft. Rear 10 ft. 10 ft. Side lO ft. IO ft. Lakes 25 ft. 20 ft.° Preserves 25 ft. 10 ft. lO ft.or l/2 the sum of lO ft. MIN.DISTANCE BETWEEN STRUCTURES building heights MAXIMUM HEIGHT Retail Buildings(with or without residential uses) 50 ft. 62 ft. 35 ft. Hotel and self-storage 50 ft. 62 ft. Office Buildings(with or without residential uses) 65 ft. 77 ft. 35 ft. MINIMUM FLOOR AREA 1,000 sq.ft.°'•° N/A MAX.GROSS LEASABLE COMMERCIAL AREA 4480,000 sq.ft. JO°4 N/A INDOOR SELF-STORAGE 105,000 sq.ft.°°°° N/A No structure may be located closer than 20 feet to the top of bank of a lake (allowing for the required minimum 20 foot wide lake maintenance easement). •••° Whichever is greater. °'1h Per principal structure,kiosk vendor,concessions,and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five(25)square feet and shall be subject to the accessory structure standards set forth in the LDC. °°°° Total allowable commercial square footage is 4480,000 square feet; -: - - .:. !t,!!! : • - - - - •- - !' '!! • • - : .Indoor self- storage . .. .,. ... - .. :, _ storage uses are in addition to the square footages identified above but shall not exceed 105,000 square feet. °t°° In the event the property is developed as a unified development with the Addie's Corner PUD,a zero foot setback shall be allowed along the common property PUD boundary and no landscape buffer shall be required.JApproved HEX Decision 2018-121 Words underlined are additions;words struelc through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 18 of 32 SECTION IV RESIDENTIAL DISTRICT (R) 4.1 PURPOSE The purpose of this section is to identify specific development standards for areas designated as "R" on the MPUD Master Plan, Exhibit "A". Residential uses, infrastructure, perimeter land use buffers, and signage will occur within this District. 4.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the MPUD shall be established at the time of development plan review, but shall not exceed 281 160 multi- family/single-family attached/townhouse and single family detached residential dwelling units or any combination thereof. Subject to the trip cap in Section 6.3.J of this PUD. or 138 For the purpose of calculating the project density,4 assisted living facilities (ALF) units shall constitute 1 residential dwelling unit and the maximum number of ALF units shall not exceed 150 units. Subject to the trip cap in Section 6.3.J of this PUD. a. All dwelling units above 281 shall be located within the C/MU district or within 1/3 mile of the Activity Center boundary. 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Single-family attached dwellings (including townhouses intended for fee simple conveyance); 2. Zero lot line dwellings; 3. Single-family detached dwellings; 4. Duplexes,two-family dwellings; 5. Multiple-family dwellings; 6. ALF with ancillary medical uses and personal services for residents and their guests,including but not limited to,beauty salon,bank,pharmacy and convenience store. (Such ancillary medical or personal service uses shall only be accessed from inside the ALF (no exterior access). No external signage or advertising shall be permitted in support of these ancillary medical or personal service uses. Words underlined are additions;words struck through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 19 of 32 B. Residential Accessory Uses: 1. Customary accessory uses and structures including, but not limited to private garages, swimming pools and screened enclosures. 2. Any other principal use which is comparable in the nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or Hearing Examiner, as applicable. C. Amenity Area: 1. Principal Uses: a. Clubhouses, gazebo, community administrative facilities and recreational facilities intended to serve residents and guests, including leasing and construction offices. b. Any other principal use,which is comparable in nature with the foregoing list of permitted principal uses,as determined by the Board of Zoning Appeals("BZA") or the Hearing Examiner. 2. Accessory Uses: a. Accessory uses and structures customarily associated with the principal uses permitted in this MPUD, including but not limited to swimming pools and spas. b. Water management facilities to serve the project such as lakes. 15,c.Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. d. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. 4.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below 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. Words underlined are additions;words are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 20 of 32 THIS SPACE INTENTIONALLY LEFT BLANK Words underlined are additions;words are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 21 of 32 TABLE IV RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE- SINGLE-FAMILY TWO MULTI AMENITY FAMILY ATTACHED& FAMILY, FAMILY 5 AREA6,9 DETACHED TOWNHOUSE PATIO 1,2& ZERO LOT LINE PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 2,250 S.F. 10,000 S.F. 10.000 S.F. PER UNIT PER UNIT PER UNIT N MIN LOT WIDTH 35 FEET 20 FEET 35 FEET 100 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 S.F. 750 S.F./D.U. N/A MIN FRONT YARD 3'4 15 FEET 15 FEET 15 FEET 15 FEET 25 FEET MIN SIDE YARD 5 FEET 0 FEET or 5 FEET 0 FEET or 5 10 FEET 25 FEET FEET MIN REAR YARD 7.5 FEET 7.5 FEET 7.5 FEET 20 FEET 25 FEET MIN PUD BOUNDARY NA. NA. NA. NA. WEST 100 FEET EAST 25 FEET NORTH 25 FEET SOUTH 25 FEET MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN.DIST. 10 FEET 10 FEET 10 FEET 20 FEET or 20 FEET BETWEEN STRUCTURES V2 ZONED BH, WHICHEVE R IS GREATER MAX.ZONED HEIGHT 2 STORIES 2 STORIES NTE 2 STORIES 3-4 STORIES 2 STORIES NTE 42 42 FEET NTE NTE 50 NTE 3935 FEET 42 FEET FEET FEET ACTUAL HEIGHT 54 FEET 54 FEET 54 FEET 62 FEET 6245 FEET ACCESSORY STRUCTURES gg FRONT 10 FEET 10 FEET 10 FEET 10 FEET 15 FEET SIDE 5 FEET 5 FEET 5 FEET 5 FEET 15 FEET Words underlined are additions;words stmelt-threugh are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 22 of 32 REAR 5 FEET 5 FEET 5 FEET 5 FEET 15 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 25 FEET MAX.BLDG.HT.NOT TO SPS SPS SPS 3 STORIES 2 STORIES EXCEED[ACTUAL] NTE 42 NTE 42 FEET FEET S.P.S.: Same as Principal Structures.NTE:Not To Exceed BH:Building Height General Notes: Front yards shall be measured as follows:If the parcel is served by a public or private right-of-way,setback is measured from the adjacent right-of-way line. If the parcel is served by a private road, setback is measured from the back of curb(f curbed)or edge of pavement(if not curbed). • . • .• .. : .• . . .. r . :• . . : • - Footnotes 1) A patio home is a detached or semi-detached single-family unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall. 2) Setback may be either zero feet(0) on one side and five feet(5') on the other side in order to provide a minimum separation between principal structures of ten feet(10').At the time of application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and building footprint shall be submitted. 3) Front loading garages shall have a minimum front yard setback of twenty-three feet(23'), as measured from the back of sidewalk Side loaded garages may be located less than twenty-three feet(23')feet from the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk. These provisions apply to a garage whether attached to the principal structure or detached. 4) For corner lots, only one (1)front yard setback shall be required. The yard that does not contain the driveway shall provide a 10'setback. 5) In the event the property is developed as a unified development with the Addie's Corner PUD, a zero foot setback shall be allowed along the common property PUD boundary and no landscape buffer shall be required. (Approved HEX Decision 2018-121 6) Where the Amenity Area abuts residential lots, the required 15'Type B buffer shall include a 6'wall. 7) Setback from lake easements for all accessory uses and structures may be zero feet(0'). 8) All landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a residential lot. Where a home site abuts a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts, the accessory structure setback on the residential lot may be reduced to zero(0)feet where it abuts the easement. 9) Applies only to active recreation areas such aspools, outdoor courts, clubhouses and similar uses. Passive recreational uses shall have no PUD boundary setback. Words underlined are additions;words streelcthrough are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 23 of 32 PLAN A. Principal Uscs: private use of the residents and their guests. 2. Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playgrounds, pedestrian/bicycle pathways, and water features. ': • -. - .• - - : -d structures, such as but not limited to landscaped areas, gazebos, and park benches. 1. Any other principal use which is comparable in the nature with the foregoing list of permitted - •-• - , : - •- . - Board of Zoning Appeals ("BZA") or Hearing Examiner, as applicable. B. Accessory Uses: 1. Community maintenance areas, and maintenance structures. 2. Any other accessory use which is comparable in nature with the foregoing list of --•- - • - - . - , • - - -••- : by the Board of Zoning Appeals ("BZA") or Hearing Examiner, as applicable. THIS SPACE INTENTIONALLY LEFT BLANK Words underlined are additions;words struelt-thpettgh are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 24 of 32 TABLE V RECREATIONAL AREA DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS RECREATIONAL AREA PRINCIPAL STRUCTURES MINIMUM LOT AREA 10,000 S.F. MINIMUM LOT WIDTH N/A MINIMUM FLOOR AREA N/A MIN. FRONT YARD 25' MIN PRESERVE SETBACK 25 FEET MIN. SIDE YARD 25' MIN. REAR YARD 25' MIN. DISTANCE BETWEEN 20' STRUCTURES MAX. ZONED HEIGHT 2 STORIES NTE 50 FEET MAX. ACTUAL HEIGHT 62 FEET ACCESSORY STRUCTURES MIN. FRONT YARD 4-51 MIN. SIDE YARD 4-52, MIN. REAR YARD 4-51 PRESERVE SETBACK MAX. BUILDING HEIGHT 2 STORIES NTE NOT TO EXCEED 12 FEET NTE:Not to exceed shall i elude a 6' all THIS SPACE INTENTIONALLY LEFT BLANK Words underlined are additions;words struck-through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 25 of 32 SECTION V PRESERVE AREA(P) 5.1 PURPOSE The purpose of this section is to set forth the development plan for areas designated as District "P",Preserve Area on Exhibit"A",MPUD Master Plan. The primary function and purpose of this District is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 USES PERMITTED A. Principal Uses: 1. Open spaces/nature preserves. B. Accessory Uses: 1. Water management structures. 2. Mitigation areas. 3. Passive recreational uses such as pervious nature trails or boardwalks shall be allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this Section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences may be utilized outside of the preserve to provide protection of the preserve in accordance with the applicable requirements set forth in the LDC. Fences and walls shall not be permitted within the preserve area. Perimeter berms and swales shall be located outside preserve boundaries. C. The .51 acre preserve tract depicted on the MPUD Master Plan shall be re-vegetated in compliance with MPUD Exhibit "D", Compliance Agreement, and in accordance with the applicable provisions of the LDC. Words underlined are additions;words struck through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 26 of 32 SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in accordance with SDP, subdivision plans(if required),and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise,the standards and specifications of the LDC shall apply to this project, even if the land within the MPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition,any successors or assignee in title to the developer are bound by any commitments within this Document. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the developer.Upon assignment or delegation,the developer shall be released from responsibility for the commitments. 6.3 TRANSPORTATION The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. If any required turn lane improvement requires the use of existing County rights-of way or easements,compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. B. If, in the sole opinion of Collier County,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 fair share cost of such improvement shall be borne by the developer. Words underlined are additions;words struelFthrough are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 27 of 32 C. The applicant shall reserve rights-of-way for Collier Boulevard and Immokalee Road expansion and intersection improvements as depicted on the MPUD Master Plan (Right-of-way Reservations Tracts A, B,and C,totaling 7.42+/-acres). The applicant shall receive impact fee credits in exchange for Right-of-way Reservation Tract B (0.47 acres), but shall not receive impact fee credits for the reservation and eventual dedication of Right-of-way Reservation Tracts A and C. The applicant shall convey by deed, in fee simple,at no cost to the County (other than the aforementioned impact fee credits for Tract B) all lands reserved as depicted on the MPUD Master Plan (as noted herein)within 90 days of written request of the County. D. The applicant shall construct a twelve foot (12') asphalt greenway within the Immokalee Road canal right-of-way, or within the adjacent right-of-way reservation area, at the discretion of the Collier County Transportation Services Division. The greenway shall be located on the north side of the canal and shall connect to the greenway that Collier County is constructing to the west of the Tree Farm MPUD property. The developer shall provide five (5) parking spaces for public use in close proximity to and accessible from the greenway. These parking spaces may be located within the Commercial Tract,and may be located within the Right-of-way Reservation Tract "A" on a temporary or permanent basis, with approval from Collier County Transportation Services Division. The greenway shall be constructed prior to the issuance of the first certificate of occupancy (CO)within the MPUD. E. The applicant shall design the project stormwater management system so as to accept and treat stormwater from fifty percent (50%) of the impervious area of proposed extension of Collier Boulevard adjacent to the Tree Farm MPUD, in accordance with South Florida Water Management District permitting requirements. F. The applicant shall be responsible for fair share costs of improvements to the Immokalee Road/Collier Boulevard intersection, including bridge replacement and/or widening as may be necessary to construct a minimum of two north and two southbound through lanes as well as necessary turn lanes G. The applicant shall ensure that any easements necessary to facilitate interconnections to properties to the west as shown on the MPUD Master Plan shall be granted by the appropriate instrument(s) at the time of submittal of the first development order application. H. No certificate of occupancy (CO) for development within the Tree Farm MPUD will be issued until 6 laning of the following roadway segments has been substantially completed(that is fully open to traffic): 1. Immokalee Road from Collier Boulevard west to 1-75 2. Immokalee Road from Collier Boulevard East to Oil Well Road 3. Collier Boulevard from Immokalee Road south to Golden Gate Boulevard. Words underlined are additions;words etruelc-through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 28 of 32 I. Should it become necessary or desirable to construct a wall to mitigate the impacts of noise from Collier Boulevard or Immokalee Road, the owner, successor or assigns shall be responsible for the costs of designing and installing said wall or walls for the portion adjacent to the project boundary. J. The Tree Farm MPUD TIS was based on a development scenario that assumed a variety of commercial uses and a maximum of 281 /160 multi-family units. The total trip generation was estimated in the TIS to be 580 PM peak hour two-way external trips to adjacent streets based on ITE trip generation rates. The development scenario analyzed in the TIS may change. However,the Project's estimated trip generation will not exceed a maximum of 580 PM peak hour two way external trips to adjacent streets.The maximum total daily trip generation for the PUD shall not exceed 580 two- way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. K. The owner shall provide a bicycle and pedestrian interconnection between the C-MU and R tracts as required by the MUAC. 6.4 UTILITIES The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. The developer shall reserve one (1) area to be granted as an easement to Collier County for a raw water well.The dimension of this well easement will be at a maximum of 80 feet by 50 feet. The approximate location of this well easement is depicted on the MPUD Master Plan. The water well easement site is located at the northeastern corner of the MPUD,and can be accessed from Collier Boulevard Extension.The grant of this easement shall occur at the time of site development plan or final plat approval for the area within the development phase that contains the well easement site. At the time of the site development plan and/or final plat submittal, the developer shall provide the well site easement that meets the standard setback requirements for water wells. 6.5 ENVIRONMENTAL A. The development shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission(FFWCC)regarding potential impacts to"listed species".A Big Cypress Fox Squirrel Management Plan shall be submitted to Environmental Words underlined are additions;words struelcthrough are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 29 of 32 Services Staff for review and approval prior to site plan/construction plan approval. Where protected species are observed on site,a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. 6.6 AFFORDABLE WORKFORCE HOUSING: A. The applicant shall provide 15%of the total units built in the project in the affordable housing price range or workforce housing, i.e., for those who earn up to 150% of the median income as calculated annually using the Collier County median income figure for a family of four as determined by the United States Housing and Urban Development Department (HUD). The applicant will use the most current median income figure as defined above at the time of sale -- ..i .. •- - • - • . be determined between the applicant and the Collier County Housing and Human Services DWiSief. 6776.6 PUD MONITORING One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until close- out of the PUD,and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval,the Managing Entity is TBC Tree Farm 1,LLC, 14004 Roosevelt Boulevard, Suite 601,Clearwater,Florida 33762. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval,the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity,but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 6:$6.7 MISCELLANEOUS A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (Section 125.022, FS) B. All other applicable state or federal permits must be obtained before commencement of the development. Words underlined are additions;words straeeltthrough are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 30 of 32 6.8 DEVIATIONS A. Deviation #1 At the discretion of the developer, the minimum right-of-way width to be utilized for all internal project streets may be fifty feet (50'). Deviation #1 from section 6.06.01(0) of the LDC. Utilization of lands within all project right-of-way for landscaping. Decorative entranceway and signage may be allowed subject to review and administrative approval by the community development and environmental services administrator, or his designee, for engineering and safety considerations prior to installation. [Approved in Ord. 07-54] B. Deviation#2 Relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6' in residential zoning districts and residential components of a PUD, to allow a maximum wall height of 8' along the perimeter of the PUD, and allow a 12' wall/berm combination within residential portions of the PUD along Collier Boulevard. The berm portion of the 12' wall/berm shall be minimum of 3' in height. [Approved in Ord. 07-541 C. Deviation #3 Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in location depicted on the MPUD master plan (Exhibit "A"). Said boundary marker monument shall not exceed 6 feet in height as measured from finished grade at the location of the boundary marker monument. The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument,which it is located. If the sign is two- sided,each sigh shall not exceed 64 square feet in area. Each sign shall only contain the main proiect name, insignia or motto of the entire development, and the developer's name and logo. Boundary marker monuments shall be setback a minimum of 10 feet from any MPUD perimeter property line. [Approved in Ord. 07-541 D. Deviation#4 One off-premises sign may be located to west of the tree farm MPUD generally located near the access to collier boulevard from the property immediately adjacent to the west of Tree Farm MPUD. The off-premise sign may deviate from the maximum 12 square foot size set forth in section 5.06.04.C.15.b.i.G.2.a., but may not exceed 16 square feet in size, and may also deviate from section 5.06.04.C.15.b.vG.2.e., which requires such off-site signs to be located within 1,000 feet of the intersection of the arterial roadway serving the building, structure or use. [Approved in Ord. 07-541 6.9 ESSENTIAL SERVICE PERSONNEL HOUSING 1. The Developer agrees that thirty percent of the rental housing units constructed within the project will as they become available be offered for rent first to Essential Service Personnel (ESP) persons involved in providing essential services in Collier County, as defined as follows: Those individuals employed in the community as teachers,educators,other school district employees, community college and university employees, police and fire personnel, health care personnel, and government employees. 2. In an effort to attract ESP renters, the Developer will provide written notification at a minimum to Collier County and its Constitutional Officers, the Collier County School District, all local hospitals, City of Naples, City of Marco Island, Everglades City, and all Words underlined are additions;words struck through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 31 of 32 independent fire districts that ESP units are available to be rented and will be set aside for the applicable period described below. Any printed advertising for the development shall identify the project prioritizes units for ESP. 3. The period of time that the rental unit will be reserved and advertised first for ESP persons will be a minimum of 60 days from the date the unit is first advertised for rent and 30 days thereafter when a unit is offered for rent due to a projected or actual vacancy. If an ESP renter is not committed to a lease within the initial 60 day, or subsequent 30-day period,the unit may be offered for rent to a non ESP renter. The Developer will notify the Community and Human Services Division 60 days prior to the initial availability of the units in order for Community and Human Services to also contact the entities named in 2. above. 4. The restriction to provide units first to ESP renters shall remain in effect for 15 years. Words underlined are additions;words struck through are deletions Tree Farm MPUD,PL20180002194 Last Revised 12/11/2019 Page 32 of 32 Exhibit A to HEX No. 2015-42 Page 31 . 38 i 1 1 :-.: f f I. f : ...„,.... 'II. .1 II I \pi II i :•,-; .:! ,:,; „. .--. . L ? '•—• 1 id - *---- . 1 -'i -g r .I rig t ill gi. H I -- 1 ., •i:, f. - ... , .1 ii , lc 11 -milfir , Y z 1 II, r o II IP II. 'lib i . ! ' . • "..ii r , i r 1.. r q - 7:•! ' I = li. 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CONCEPTUAL WATER A.II. 7 i A i Svrveyths&Ntsiying , - MANAGEMENT Pl.-IN .------- • .. Exhibit A to HEX No. 2015-42 Page 37 of 38 , , mn.„-zr=r-276;ic, •P, Er-rt..,7:74Z.Zir.•.1.,...:__!...1._4, . ! ii . ' • t low 1.01,..1S- • ,7 4,1.1.7.0.....44..,01, ,• — ..4 4.r. • . . 1 I , I -I'II . iiiih. - -- . ..,- ' - --.. A• : -:--1 ".:"...,! 1 ; .:4441 :...1 ^.,i... 1: ,:.- :au,'" . .1i. . , • .!• . .. . . . . mu _, gull 11,4n Mr-, ., ,,,. ,,•,, 0 1,1 gr .ii... P P. .. .','rz-v.!L. • r. ri prinns97h.=f_J it....r.r.s. , :1 -9 r-, ,--3 ..„....„,,j.,,,...,,.,,::::_ii,,,,,...i.). ., banuNtlooros.. __,I 1§4 )1 14 um coma odiklairc,1-'.121:200.:01,1 Ei ql aompatiow,..elat.d.i...zi:1-.._±f.... „?FAL,t J x h.saimaanorm,...s.u.,, __. 6%. 104000D0 , „null -g 7 ..... ..... N1 ›, rail' Wawa 4 -'.1 groans.; • ...,,,,c.J.. 1,' 'ill 1 1 cp 1 , H ! I....4 ..-:-..: Pi nunatiop% .,-_; ;TT- ril g kroodob,., .! i _.'-,,,.- • - n 1=cill I: . 1 n •• II: ", : t rs opqauat. 1 i : -- ' . , 11W• i ..... ,....... 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H.IL 1 11 I 1 A. 11,,.I,,..,,LINInnrt ......,,, ... ., ..-...—.—.--.....---........--- ..... —.....-- ................... ' Y } k � irk f 1 wfir Al, 7 TYPE WELL SITE '' S S. .'� .v•.B•,BUFFER•. 'j (50'x80') -i[ - X. • _♦ - 3 RIGHT IN/RIGHT OUT(3/4 MILE) :>•� y '•1,. t. ' . n' AO• '•�. `h APPROXIMATE LOCATION SUBJECT TO !'� i r 10'TYPE COLLIER COUNTY TRANSPORTATION ' `Sri° -- . + •�` • �' ,. - "A"BUFFER I` DIVISION APPROVAL. .'1 WO I V- R Will 1 .� :111 *Swill 1 sr k1111i •w� ♦ BOUNDARY OF 1/3 � ' t R �• � MILE TO MUAC �I 20'TYPE , .44, f�� } �D,.•i' . a �•D"BUFFER '101101 . � "� f ♦ a r IPA /J ** WV / c .�`• X0.51 AC.NATIVE VEGETATION PRESERVE TO // / I 1 ` BE RE-CREATED IN ACCORDANCE WITH / ,//I 'COUNTY APPROXITIRANSPORTATE A IONN UDIVISION APPROVAL. _ w. . COMPLIANCE AGREEMENT(EXHIBIT D)AND apil / ' �'." IN ACCORDANCE WITH THE STANDARDS • G-"THIS DRIVEWAY SHALL BE DESIGNED TO ALIGN ' SET FORTH IN THE LDC SECTION 3.05.07.H _' �_ I IA. BJECT TO COLLIER WITH THE EXISTING HERITAGE BAY DRIVEWAY L — ' / � - _ �.. liiiiiiko • 4 . / REE Feol(� �� EXISTING 60' Q • / fiRpr( oto ACCESS EASEMENT y3 / / (O.R 100,PG 80,85) E d , ` a .✓;t... /_ �, :. t '• ,,VJ� , , TREE FARM MPUD.,1 ;:'i/./// �idi�/ I r BOUNDARY 1� °: ESPLANADE GOLF � . 1 ' Z ,�/c- - AND COUNTY CLUB / w % 0r. HERITAGE BAY . - I• dam / z M ' .�' ✓dam I X 't1 ,A ; ...,, / 60111140 m /1,,, ,40,41(01 /ILU : // V104114"/ t��' t•� •�/A" UFFERc / � APP LOCATION .4 _.� !: ...//::.7 f l(� SUBJECT TO COLLIER COUNTY !A TRANSPORTATION DIVISION , � •r t !' _ y _ - _ - . I '' -APPROVAL y - O Aro •r� I APPROXIMATE LOCATION OF • �^ ;- :'1 i ".•;� - - C/MU VEHICULAR AND PEDESTRIAN .r, ; ' _ / / INTERCONNECTION FROM �' �: kl• <: + ADDIS'S CORNER / "C/MU AND R TRACTS I .••r ii PUD 10'TYPE I .. f � ♦ "D"BUFFER I '� i � _� / APPROXIMATE LOCATION SUBJECT TO _ 1' ".- INTERCONNECT WITH ryI COLLIER COUNTY TRANSPORTATION 7777 ADDIE'S CORNER PUD �z __ .-,-..mi 'DIVISION APPROVAL r1 • , / 10'TYPE 1 -v�: N . - .* *OL''' f a "D"BUFFER 50'FUTURE Raw./ACCESS h I 4 EASEMENT(O.R 5422,PG 1498) .r---• • • ♦� 'T..\' /, ��'� ��%i �- -+J£LS�s,jEs. .-rte► +•at,v • •+ `, 'Mr , I��',,r ice/�%.%% '�` - r 20'TYPE 12'ASPHALT GREENWAY "D"BUFFER -.. - - . (APPROXIMATE LOCATION MAY .1441211" IMMOKALEE ROAD MEANDER) COMMON PROPERTY LINE BETWEEN TREE FARM AND a ADDIS'S CORNER PUD NO SETBACK OR LANDSCAPE BUFFER :° _ ook, REQUIRED IF DEVELOPED UNDER UNIFIED CONTROL. ' Z841 J _' 1 . r. IF NOT DEVELOPED UNDER UNIFIED CONTROL,REQUIRED .-.-- 1%LANDSCAPE BUFFERS PER LDC. • . alligl a PROJECT: TITLE: OWNER/CLIENT/CONSULTANT: SEC:22 TWP:48 RGE: 26 a P E N I N S U L A r 1 Designee by: ALEJANDRO AVILA ENGINEERING`] MPUD MASTER Drawn by: ALEJANDROAVILA TREE FARM n I /SI�L/-SAIV I TBC TREE FARM 1, Date: JUNE 2018 C- CIVIL ENGINEERING LANDSCAPE ARCHITECTURE. ONCEPT LLC & TBC TREE Drawing Swle: N.T.S. - ENVIRONMENTAL CONSULTING LAND PLANNING• MPUD SITE PLANNING.CONSTRUCTION MANAGEMENT Project Number P-BROK-001 OWNER REPRESENTATIVE (EXHIBIT "A") FARM 2, LLC a. 2600 Golden Cate Parkway File Number. P-BROK-001-001-X17 Nagle:, 9.067os C-X17 Phone:239.403 6700 as 239.261.1 797 Ln lad:mbrpen-enR.rom Website:www.pen-ena.ran Honda Certificate of Authorization#2827: Sheet Number 01 of 02 SCHEDULE OF PREVIOUSLY APPROVED DEVIATIONS MPUD MASTER PLAN NOTES APPROVED DEVIATION 1: 1. THE AMOUNT OF REQUIRED OPEN SPACE IS 30%. AT THE DISCRETION OF THE DEVELOPER,THE MINIMUM RIGHT-OF-WAY WIDTH TO BE UTILIZED FOR ALL INTERNAL PROJECT STREETS MAY BE FIFTY FEET(50'). 2. WITHIN THE MPUD BOUNDARIES THERE WILL BE A MINIMUM OF 15.43 AC OPEN DEVIATION#1 FROM SECTION 6.06.01(0)OF THE LDC.UTILIZATION OF LANDS WITHIN SPACE[30%OF 51.43(58.84-7.42 ROW CONVEYANCE.)] ALL PROJECT RIGHT-OF-WAY FOR LANDSCAPING. DECORATIVE ENTRANCEWAY,AND SIGNAGE MAY BE ALLOWED SUBJECT TO REVIEW 3. THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS PUD MASTER PLAN AND ADMINISTRATIVE APPROVAL BY THE COMMUNITY DEVELOPMENT AND SHALL BE CONSIDERED CONCEPTUAL IN NATURE. ENVIRONMENTAL SERVICES ADMINISTRATOR,OR HIS DESIGNEE,FOR ENGINEERING AND SAFETY CONSIDERATIONS PRIOR TO INSTALLATION. 4. THE DESIGN,LOCATION,AND CONFIGURATION OF THE LAND IMPROVEMENTS SHALL BE DEFINED AT EITHER SITE DEVELOPMENT PLAN APPROVAL,OR APPROVED DEVIATION 2: CONSTRUCTION PLANS AND PLAT APPROVAL. DEVIATION#2 SEEKS RELIEF FROM LDC SECTION 5.03.02.C,WHICH PERMITS A MAXIMUM WALL HEIGHT OF 6'IN RESIDENTIAL ZONING DISTRICTS AND RESIDENTIAL 5. THE PROJECT SHALL BE DESIGNED TO PROVIDE VEHICULAR,PEDESTRIAN AND COMPONENTS OF A PUD,TO ALLOW A MAXIMUM WALL HEIGHT OF 8'ALONG THE BICYCLE CONNECTIVITY BETWEEN RESIDENTIAL AND MIXED PERIMETER OF THE PUD,AND ALLOW A 12'WALUBERM COMBINATION WITHIN USED/COMMERCIAL AND TO ADJACENT PROPERTY TO THE WEST. RESIDENTIAL PORTIONS OF THE PUD ALONG COLLIER BOULEVARD.THE BERM PORTION OF THE 12'WALUBERM SHALL BE MINIMUM OF 3'IN HEIGHT. 6. BOUNDARY MARKER MONUMENTS SHALL BE SETBACK A MINIMUM OF 10 FEET FROM ANY PERIMETER MPUD PROPERTY LINE. APPROVED DEVIATION 3: BOUNDARY MARKER MONUMENTS CONTAINING PROJECT IDENTIFICATION SIGNS DESIGNED TO IDENTIFY THE PROJECT,OR ANY MAJOR USE WITHIN THE PROJECT, SHALL BE PERMITTED IN LOCATION DEPICTED ON THE MPUD MASTER PLAN(EXHIBIT "A").SAID BOUNDARY MARKER MONUMENT SHALL NOT EXCEED 6 FEET IN HEIGHT AS MEASURED FROM FINISHED GRADE AT THE LOCATION OF THE BOUNDARY MARKER MONUMENT.THE SIGN FACE AREA FOR SUCH BOUNDARY MARKERS SHALL NOT EXCEED 64 OF THEMONUQUARE FEET MENT WHICHrAREA AND SHALL NOT ITS LOCATED.IF THE SIGN SED THE TWO-SIDED,HT OR EACH SIGH LENGTH LAND USE SUMMARY SHALL NOT EXCEED 64 SQUARE FEET IN AREA.EACH SIGN SHALL ONLY CONTAIN THE MAIN PROJECT NAME,INSIGNIA OR MOTTO OF THE ENTIRE DEVELOPMENT,AND THE DEVELOPER'S NAME AND LOGO.BOUNDARY MARKER MONUMENTS SHALL BE TRACT LAND USE ACREAGE SETBACK A MINIMUM OF 10 FEET FROM ANY MPUD PERIMETER PROPERTY LINE. APPROVED DEVIATION 4: ONE OFF-PREMISES SIGN MAY BE LOCATED TO WEST OF THE TREE FARM MPUD TRACT"R" RESIDENTIAL *39.64 t ACRES GENERALLY LOCATED NEAR THE ACCESS TO COLLIER BOULEVARD FROM THE PROPERTY IMMEDIATELY ADJACENT TO THE WEST OF TREE FARM MPUD.THE OFF-PREMISE SIGN MAY DEVIATE FROM THE MAXIMUM 12 SQUARE FOOT SIZE SET TRACT"P" PRESERVE 0.51 t ACRES FORTH IN SECTION 5.06.04.6-*B+GG 2.A.,BUT MAY NOT EXCEED 16 SQUARE FEET IN SIZE,AND MAY ALSO DEVIATE FROM SECTION 5.06.04.49 45.B.VG.2.E.,WHICH REQUIRES SUCH OFF-SITE SIGNS TO BE LOCATED WITH IN 1,000 FEET OF THE INTERSECTION OF TRACT"C/MU" COMMERCIAL/MIXED USE *18.69 t ACRES THE ARTERIAL ROADWAY SERVING THE BUILDING,STRUCTURE OR USE. TOTAL 58.84 t ACRES *INCLUDES ROW CONVEYANCE LEGEND PRESERVE • R RESIDENTIAL A MINIMUM OF 0.51 ACRES(25%OF THE 2.02 ACRES OF NATIVE VEGETATION ON SITE)IS REQUIRED TO BE RETAINED OR REPLANTED. C/M U COMMERCIAL/MIXED USE THE TRACTS IDENTIFIED AS"P"CONTAINS 0.51 t ACRES,AND FULLY SATISFIES THE NATIVE VEGETATION REQUIREMENTS. s P PRESERVE PUD INGRESS/EGRESS MAXIMUM DENSITY AND INTENSITY DEVIATIONS 460 MULTI-FAMILY/SINGLE FAMILY ATTACHED/TOWNHOUSE AND/OR SINGLE FAMILY DETACHED RESIDENTIAL DWELLING UNITS. - WATER MANAGEMENT LAKE PLUS 250 HOTEL UNITS,150 ALF UNITS,105,000 SF OF INDOOR SELF • STORAGE AND 80,000 SF COMMERCIAL USES.ALL SUBJECT TO _ - SECTION 6.3.K PRESERVE AREA ROW CONVEYANCE TO COLLIER COUNTY LABELED AS TRACTS A,B AND C. (SEE SECTION 6.3.C) BOUNDARY MARKER MONUMENTS l o� da "a •• PROJECT: TITLE: OWNER/CLIENT/CONSULTANT: SEC: TWEiFJehll l'ajPtivll p PENINSULA CO MPUD MASTER TBC TREE FARM 1, DrawnDsigd by elrleupanevllp w ENGINEERING TREE FARMNE 20c Date: CONCEPT PLAN LLC & TBC TREE Nr� CIVIL ENGINEERING• APLARCHIIEC I URL MPUD C Drawing Scale: P_RPOK-f1(11 '" ENVIRONMENTAL CONSULTINGULTINGFARM 2, LLC•LANDPLANNINc, NOTES SITE PLANNING•CONSTRUCTION MANAGEMENT Project Number: p-RRnK.M1�D7-X17 OWNER REPRESENTATIVE r26110 Golden tate Parkway File Number: Y1 Naples,Florida 34105 C-/\1 7 Phone:239.403.6700 Fax:239.161.1797 L",,•il.inloOpencng.com :ww Websitew.pen.eng.com 02 02 I bmda Cenificate of Awhorizalion 028275 Sheet Number: of Yid.Z;Z 610Z/6Z/9 0M0'N011035 S5O D l NOLLvin30\SONIMvd0\(.61Z0001310Z1d)ON3Y0v Ond,i MEW!33d1-VOnd31\7NINNtl1d - road\ONINNvId\5311]\-1.'01'3190\\ 6 0 O : ! \v\iz b R Q. \j\j\j\ z \\ \/\\\. w / /\ $ \/ \. W /\ A 2 \ \ a w \ % W a§0 LLCF2 \\\\ \ \ Lc \ /�\\�\\�\\\ o L".I I J i QU) 4-3 w¢ /\//\//\4 � m m o /\,/j 4.1 WI \ > . o / \\ ` H Q%\ z \0\\\ 5 w/\, I- w -\i Z > W \\//\ 2 m W zr a= \/ sn� 1 O w Q O/ \ =4 ¢ M 0 > Uw \/\ . � K 9 , O _ H U /WOS 2 ` N a O 0- N g ` } J -Q~ /m0\ �§ x f \ \ =o .g III ' e /\V\g z 1-z,u \ *.F \/ ao o g m \\// /�W ° /\/�//wW�� o %fp % a /\// //\//�` /�\\\7/// GoLL/4.+ Exhibit D . ;1 . Final Compliance Agreement COLLIER COUNTY oUo-i DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 East Tamiami Trail Heidi F.Ashton Naples,FL 34112-4902 Jennifer A.Belpedio Telephone:(239)774-8400 Ellen T.Chadwell Facsimile:(239)774-0225 Jeffrey A.Klatzkow William E.Mountford Thomas C.Palmer Michael W.Pettit Jacqueline W.Hubbard June 16, 2005 Marjorie M.Student Scott Teach Patrick G.White Timothy G. Haim Robert N.Zachary Quarles &Brady, LLP 1395 Panther Lane, Ste. 300 Naples,Florida 34109 RE: Compliance Agreement between Collier County and Tree Farm Land Trust Dear Mr. Haim, Enclosed please find an original copy of the Compliance Agreement between Collier County and Tree Farm Land Trust, which was recorded today, in Official Records Book 3823 at Page 1809. Please know that the Compliance Agreement requires the applicant to provide a copy of the Compliance Agreement to the County along with its application for a Planned Unit Development. If you have any questions,please do not hesitate to contact my office. Thank you. Sincerely yours, P11%txt2) Jennifer elpedio Assistant County Attorney JAB/tlk Cc: David C. Weigel, County Attorney 3640632 OR: 3823 PG: 1809 RECORDED in OFFICIAL RECORDS of COLLIER COUP!, FL 06/16/2005 at 12:01PN DWIGHT E. BROOK, CLERK Prepared by: RIC FEB 69.50 Jennifer A.Belpedio Retn: Assistant County Attorney COUNTY ATTORNEY 2800 North Horseshoe Dr INTEROFFICE Suite 300 ATTN: JENNIFER A BELPEDIO Naples,FL 34104 COMPLIANCE AGREEMENT This Compliance Agreement("Agreement") is entered into and made on thisdaY of it.1,--a-1-21)05, by and between Collier County (the "County") and the Tree Farm Land Trust, ("Trust") (hereinafter referred to collectively as"the Parties"), with respect to vegetation removal on property identified by the Property- srEufs i3OiANLtmber 00187240000. Li/` RECITALS \� \\ /� r_� ,._— ,j 5 \'� \ WHEREAS, on July 16 20�G:.my al ged that vegetation removal violations i � ` � 1 (Code Enforcement Case Numb r a004 ) exi o ert+ l ated at the northwest corner if—(tel :e C .r i 1 of the intersection of Immo‘41,..c Road and Collie It oulelvar�, d identified by the Property ', / CV Appraiser as Folio Number 00 : •• 0111 ("Subject Pro I- ` - '0110d 0 , , ! WHEREAS, the Parties ac'i•.w �. ( 'e/Farm Land Trust, and Timothy G. A . Hains, as its Trustee, being the property owner and respective agent, are responsible for any violation; and WHEREAS, an analysis conducted by consulting ecologists, Passarella and Associates, Inc., on November 2, 2004 asserts that 1.13 acres of 2.02 acres of existing native vegetation on the Subject Property were removed. (See attached Exhibit "A," letter from Elena Mandia to Don Schrotenboer,dated November 2,2004) WHEREAS, on October 11, 2004, County staff, and the Trust's representatives met to 1 of 6 OR: 3823 PG: 1810 identify the prohibited vegetation removal and to discuss the abatement of the allegations in an effort to resolve the dispute; and WHEREAS, RWA Consulting, Inc. (RWA) proposed that the Parties resolve the matter by executing a compliance agreement to include the requirement that the Trust agrees to pursue a rezone of the property and retain or restore, as appropriate, the amount of native vegetation required by land development regulations at the time of the rezone. WHEREAS, the County Transportation Department has indicated to the Trust that it intends to acquire a 100-foot wide strip of land extending the entire length of the eastern boundary of the Subject Property for the p p ses of a right-of-way expansion of Collier V{k co y Boulevard; and �� _ - �,.�I WHEREAS, the vast ajo g of the\ 1.13 acres of beget tion that was cleared without 1 i \ authorization is located within d b' the County Transportation Department; and ) 0, J WHEREAS, Code . . ement staff, Coun •Atorc (2iitaff, and the Environmental Services staff met to discuss R osal and other actions that may be taken by the \> Trust to resolve the issue; and 'gip( C1 1f WHEREAS, the Parties desire to reduce their agreement of all such claims or controversies to this writing so that it will be binding upon the Trust and the County and their respective predecessors, successors, heirs, assigns, spouses, employees, former employees, elected officials, former elected officials, officers, agents, representatives, attorneys, insurers, sureties, and affiliates; and NOW THEREFORE, in consideration of the mutual covenants and promises and considerations set forth in this Agreement, the sufficiency of which is hereby acknowledged by the Trust and the County, the Trust and the County hereby agree to the following: 2 of 6 OR: 3823 PG: 1811 1. The Parties agree to adopt and incorporate the foregoing Recitals, sometimes referred to as"Whereas clauses,"by reference into the terms of this Agreement. 2. The Trust agrees to either: a) submit a complete and sufficient rezone application (Application) to the County or b) submit a complete and sufficient mitigation plan/revegation plan and any other required applications to the County along with the required fees no later than August 1, 2005; 3. The Trust agrees that it will notify the Collier County Code Enforcement Director in writing if it is unable to submit either application as set forth in Paragraph 2 by August 1, 2005. The Trust agrees to set forth the basis for its request and the extension of time necessary in its request; ,,�,12,,_> 4. The Trust agre s t . ' . ' ,ay the Count any\equired after the fact clearing fees for any area cleared wit ouT -• :'4! . 5. The Trust a F, h t ' • - ,:rant )tijrezone expires because of a failure to improve the prope an the Trust wills mi1 a hthplete and sufficient mitigation plan/revegation plan and any of-r f uir`pplication 6ti County along with the required fees no later than the date of expiration,,..(Al s t tln tf the rezone; 5. The Trust also agrees that its Application will set forth terms that are consistent with the Preservation Standards set forth in Land Development Code Section 3.05.07 H.l.e for mixed use development, and a copy of the analysis conducted by consulting ecologists, Passarella and Associates, Inc., on September 17, 2004; 6. In consideration of Trust's agreement, as set forth above, the County agrees that the percentage of native vegetation preserved will not include: 1) any portion of the subject property which is is acquired by the County as part of a right-of-way expansion of Collier 3 of 6 011: 3823 PG: 1812 Boulevard or 2) any portion of the subject project which was lawfully cleared(i.e. with a permit, if required); 7. The County also agrees that it will grant a reasonable extension of time of the August 1, 2005, deadline if the Trust's request is in writing and demonstrates that a delay has occurred due to unforeseen circumstances not caused by the Trust. 8. This Agreement is freely and voluntarily executed by County and Trust subsequent to their being apprised of all relevant information concerning this Agreement and upon advice of their respective counsels. 9. The Parties hereto agree that this Agreement supersedes and replaces all prior agreements and understandingsLi )1 � pre agreement between Respondent Trust and the County and that`no reements exist, ral'cr written, between the Parties relating to any matters cove d •ØJ ..+e• e - attr whatsoever. 10. The Parties c t ed.. i; the tlgt..f cts, additional and different or contrary to the facts whic `0111 believe to exist, mno)k+etir may be discovered after this Agreement has been entered, an d rties agree that an' f additional, different or contrary facts shall in no way limit, waive, affe lferflitst4, ment. 11. Except as expressly provided for herein, the Parties represent and warrant that in executing this Agreement, they do not rely upon, nor have not relied upon, any oral or written representation, promise, warranty or understanding made by any of the Parties or their representatives with regard to the subject matter, basis,or effect of this Agreement. IN WITNESS WHEREOF, the Trust and the County have executed this Agreement, which consists of six (6) pages, on the date as first set forth above and as sworn to and acknowledged by and through its duly authorized representative. 4 of 6 OR: 3823 PG: 1813 Signed, sealed and delivered in the presence of: TREE FARM LAND TRUST 4 .._X/4-zeiveh 4._ .! : / / i - /10 W4 liadee Printed Name of Witness Timothy G. Hains,Trustee of Tree Farm Land W4k 4 ifttitrIL c51'ta U o' i C.h Printed Name of Witness STATE OF FLORIDA COUNTY OF Cao LL/E/� �‘ .R . O(;- .^ BEFORE ME,the unde _notary public,perso3 l(y ppeared riNOTXy c 1.6 /Ats ,as / ,Q _ \ of'TR1 E FARM LAND TRUST who is personally known to me --1. .: • as identification, and acknowleiige t .t(sill: e e e ,.. o behalf of TREE FARM LAND TRUST and that(s)he was d ' , . .. .. .. .:. ... \, �� I IN WITNESS WHE , I hereunto set my •,'S� n ` ial seal. i :,/',/‘ i r�,\ - l (, ay^UI, BeIC,How/A FLORIDA (Print Name) My Commission Expires: (SEAL) i "' su AIIEHOw� :' . MY COAa+ISS ON/00 254804 EXPIRES:Na nt 6,2007 i `4'A eme.dIra wary MkUer.,rn 5 of 6 OR: 3823 PG: 1814 COLLIER COUNTY, FLORIDA BY: ___ -.4..4/1 AMES V. MUDD, COUNTY MANAGER Approved as to form and legal sufficiency: Jennifer A. Belo Assistant County Attorney STATE OF FLO� 1 I ' QX� COUNTY OF ---- };R ( O ''-7 NAAB FIRE ME, the r ;a.�� lic' ' appear , as il!1 of COLLIE ;OtTY,who is personally known to me or who produced ��: ident icatlon,and acknowledged thaw' (-We-executed the same on b-ha of - • ,.IER-CO �1 Y annthaqs)he was duly authorized to do so. 1 % \- \c\r 1 �' ) f Jai IN WITNESS WHE !st •:o . •,. sea . Iii,u, . /1,---',i_0_ i a ':,:::.\,A, • .. :/ ` NO` ' ',OBLIC, ATE OF FLORIDA t f -#1:-. ..-,------_______- -- •I,ii . avdtre....) ,, -- C i ^y not Name) My Commission Expires: (SEAL) rAPARATDRE • i MY COMMISSION 4 DD 038638 #:1 , ead.EXPIe nhu ES:y RJuht 4,2006 Kourp uar.rrn 6 of 6 OR: 3823 PG: 1815 (1) / PASSARELLA AND ASSOCIATES,INC. Consulting Ecologists 9110 College Pointe Court Fort Myers,FL 33919 Phone(941)274-0067 Fax(941)274-0069 TO: Don Schrotenboer FROM: Elena Mandia DATE: November 2,2004 RE: Tree Farm PUD Project No. 04AMF1030 Vegetation mapping for the subject pro•• • sEpc;ted using 2003 rectified Collier County Property Appraiser's color aerials '= VAtftuidtruthing to map the vegetative communities was conducted on a.. 18, 2004 utiliz Florida Land Use, Cover and Forms Classification System' i�FCS),..Level III. Le 1 IIV FLUCFCS was utilized to denote exotic species disturb ce./Aul4 l\Nersi 04) s. ' e was used to determine the acreage of each mapping are pr.• ..,.ii. : ' _ ` .- - th FLUCFCS map (Figure 1). A total of 11 vegetative assodiati a s an. . i s: (!f_ . `, V j S S c des)were identified on the property. Of the 11, only tw ra. c.�.s . -,, .• Ci,llier a o,n !naive vegetation communities. Those areas are the Pine Flatv Pi Be. Exo i 25:1V% (ILTCFCS Code 4119 E2) and Pine Flatwoods,Disturbed,Eic:ttft50-75%(FLUCFC' o.e 4/9JE3). These areas total 2.02+ acres of native vegetation. \ ,i f` The total of unauthorized cleared i ')e tail)) " '3± acres based on the FLUCFCS map, a site visit conducted on Septem ra 6104,, aerial photos taken on July 22, 2004 (Figure 1). The native vegetation that remains on the site after the clearing totals 0.89±acre. The native vegetation to be retained for the site with 15 percent native vegetation preservation would be 0.30+ acre. If 25 percent native vegetation preservation would be required, than 0.51± acre native vegetation would need to be retained. EM/bmw Enclosure cc: Robert Mulhere,w/enclosure 'Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No.550-010-001-a. Third Edition. EXHIBIT 1 4 f - \ " - . + SCJ - - a ?."11 II . - o _ p II? _ _ 7E• 24. - O PZI 1 • 70 r+4 -•-•--.,--7•• COE i _ II imi t - � CI 9 I, _.Y- �N1,, a ,r>r�j"'�- -, 4 r = at' ;l -r-t - +- -=„ u aI F ',o1:1...±11),_. - Yr _ r rr S _ - ;0'.;o -1 MM ;15510. AMA.n1OTOGIMS 1M sca. tOF 1100.101 callll CONK IROI�IY �]]J� OMIT LlRacl,.RAS• .00C aYuw1d DATE 01, O U, 111X■M1IONf I[[///////^( coe r..iwr at YAWN, ...A;40 onTn'or ywrin.mit t. ft.azi.Cl LOCI ESTMATISI.11011 (I-Y Ac._I u wCH_&lt aCtnlap SaSR oyrpl .n o KMng005,OOriINOI�wa=TIM to M1iM.WLn1011s..c :A1.■,man....RATION •I l . +a MTO00a Oanwi/aMA COMP atat 1 r.•a�� i 0:.0 m S MANN/Ca % IOr1TIOM AIH160a/O �S. w Ill CVO. GM.* RLVO!'!t FUME LIMP UM ■ �nw■o ux0 y�,al. COM.0I W5t WUIION 2.4 w 0 w Ili gird RUDCEI ORM wwt IO0AY Nom.-ra■a a2Zno la r wIET Ow D.TID I-cI-M• IPLIsat REVIEWED M Gayeg, aLIRE ROT 'Ma IVAMA 1TlllrT TO...s �calcr AM AM MALT TO aurae 1 ` ";.'1O1 ?4SSaRELLd a'n4 -4SSDCI4TES, INC ^'Y .EE FARM PUD .....=-1,.... � c;ry: n,e.i • C09L57ttti7'L9'BCO(091315 %r. -rel ,,,, 3110 CaLIg1 Polnh C...hrt#9■r1. ierada 339/9 cALM.♦rl11 FUGHU Aa0 CIf.1iD 1M1R[KD[T.TgN j ,\1 FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State January 21, 2020 Ms. Ann Jennejohn, BMR Senior Deputy Clerk Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Jennejohn: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 20-03, which was filed in this office on January 21, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/1b R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us