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Ordinance 2020-013 ORDINANCE NO. 2020 - 1 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT, AS AMENDED, TO ADD THE SPORTS COMPLEX EXTENSION TO THE PUD AND REVISE THE LEGAL DESCRIPTION; BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 128.05± ACRES OF LAND ZONED RURAL AGRICULTURAL (A) TO THE CITY GATE COMMERCE PARK PUD; TO UPDATE THE MASTER DEVELOPMENT PLAN INCLUDING THE ADDITION OF THE COUNTY SPORTS COMPLEX EXTENSION; TO ALLOW ADDITIONAL HOTEL AND MOTEL UNITS; TO INCREASE THE BUILDOUT TRAFFIC; TO PROVIDE DEVIATIONS FOR PRESERVES, LANDSCAPE BUFFERS, AND PARKING AREAS; TO ADD PERMITTED ESSENTIAL SERVICES AND ADD DEVELOPMENT STANDARDS FOR THE SPORTS COMPLEX EXTENSION; TO AMEND EXHIBIT A-3 PERMITTED USES-SIC CODES TO ADD USES; TO AMEND EXHIBIT A-4 CROSS SECTIONS-NORTH BUFFER, AND EXHIBIT A-6 REQUIRED YARD PLAN; AND PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 419.60± ACRES IS LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF I-75 AND COLLIER BOULEVARD (CR 951) IN SECTIONS 35 AND 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST,IN COLLIER COUNTY,FLORIDA. [PL20190001494] WHEREAS, on December 13, 1988, the Board of County Commissioners adopted (1) Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development (the "PUD") and (2) Development Order 88-02 (the "Development Order"), which approved a Development of Regional Impact(DRI) known as Citygate Commerce Park Development Order;and WHEREAS, on December 1, 2009, the Board of County Commissioners adopted Ordinance No. 09-69 to allow streets to be public,and WHEREAS, on November 9, 2010, the Board of County Commissioners approved Ordinance No. 10-42 which amended the PUD to remove the provisions relating to the Red-Cockaded Woodpecker Mitigation;and [19-CPS-01932/1528910/1]186 Underlined text is added;Stfue1i-through text is deleted. City Gate PUDR-PL20190001494 3/16/20 Page 1 of 3 WHEREAS, on March 27, 2018, the Board of County Commissioners approved Ordinance No. 18-13 which amended the PUD to add the Collier County Sports Complex as a permitted use, among other changes;and WHEREAS, 850 NWN, LLC, a Florida limited liability company, and CG II, LLC, a Florida limited liability company, (collectively "Petitioner") owns the PUD property east of the FPL Easement; and WHEREAS, Josh Fruth of Davidson Engineering, Inc. representing the Petitioner, petitioned the Board of County Commissioners of Collier County,Florida,to amend the PUD; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on February 6, 2020; and WHEREAS, the Petitioner and the Board of County Commissioners desire to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO THE PUD DOCUMENT IN ORDINANCE NO. 88-93, AS AMENDED, THE CITY GATE COMMERCE PARK PUD. The zoning classification of approximately 128.05± acres of the herein described real property located in Section 36, Township 49 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural zoning district to a Planned Unit Development (RPUD) zoning district together with the existing City Gate Commerce Park PUD for a 419.60± acre project to be known as the City Gate Commerce Park PUD in accordance with the revised PUD Document, attached hereto as Exhibit A and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held [19-CPS-01932/1528910/1]186 Underlined text is added; St^�h text is deleted. City Gate PUDR-PL20190001494 3/16/20 Page 2 of 3 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, thiscLiiday of I' ctr , 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA f\ Ajiti‘X:00,ele•e0Aie By: g �.�,� r • �� By: 'ttest as to Chale 40' Burt L. Saunders, Chairman $ignatt,re ojily; Approved as to form and left ity: eidi Ashton-Cicko lA Managing Assistant County Attorney (, ,vl Attachment: Exhibit A—PUD Document This ordinance f fr 1 with the r tary of S`ote's Office the and ocknowtedeernent that fili • ret-ived this • +— day Of filar By •i' r�.r71 Deputy C ni [19-CPS-01932/1528910/1]186 Underlined text is added;trough text is deleted. City Gate PUDR-PL20190001494 3/16/20 Page 3 of 3 CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT DOCUMENT Prepared by Josh Fruth and Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Roger B. Rice, Esq., P.A. 9010 Strada Stell Court, Suite 207 Naples, FL 34109 Date Filed: 4-16-87 Date Approved by CCPC: Date Approved by BCC 12/13/88 Ordinance Number: 88-93 2009 Amended Date Approved by BCC: 12/01/2009 Ordinance Number: 09-69 2010 Amended Date Approved by BCC: 11/09/2010 Ordinance Number: 10-42 2018 Amended Date Approved by BCC: 03/27/2018 Ordinance Number: 18-13 2019 Amended Date Approved by BCC: Ordinance Number: City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 1 INDEX SECTION PAGE I. PROPERTY OWNERSHIP AND DESCRIPTION 3 -8 II. PROJECT DEVELOPMENT 9 23 9-24 III. PROJECT DEVELOPMENT REGULATIONS 21 31 25-32 IV. PROJECT ENVIRONMENTAL REQUIREMENTS 32 31 33-35 V. TRAFFIC AND ENGINEERING REQUIREMENTS 35--2,6 36-37 VI. UTILITIES REQUIREMENTS 37 13 38-39 ATTACHMENTS: EXHIBIT A-1 MASTER DEVELOPMENT PLAN EXHIBIT A-2 TABLE 12.B.3 EXHIBIT A-3 PERMITTED USES—SIC CODES EXHIBIT A-4 CROSS SECTIONS-NORTH BUFFER EXHIBIT A-5 SIGN DEVIATION EXHIBIT EXHIBIT A-6 REQUIRED YARD PLAN City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted PUDR-PL20190001494 March 16,2020 2 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 to be developed under the project name of: CITY GATE COMMERCE PARK. 1.2. LEGAL DESCRIPTION The subject property is 291.55 419.60 acres in area. The legal description follows this page. 1.3. PROPERTY OWNERSHIP Title to the property is currently in Land Trust #5360, held by Citizens & Southern Trust Company (Florida) National Association, Naples, Florida, P.O. Box 1857, Naples, Florida 33939-1857. The land trust constitutes a unified ownership vehicle. Decisions regarding trust management are made by a single trustee in accord with management guidelines approved by a majority of the trust beneficiaries.The successor in title and developer are Citygate Development, LLC, 850 NWN, LLC and CGII, LLC, Florida limited liability companies (here and after"City Gate Successor"). City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 3 JOHNSON ENGINEERING, INC. Sheet 1 of 2 LEGAL DESCRIPTION EXISTING CITY GATE COMMERCE PARK MPUD BOUNDARY A PORTION OF SECTION 35,TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA; THENCE NORTH 89°00'01" EAST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF SAID SECTION 35, A DISTANCE OF 306.27 FEET TO A POINT ALONG SAID SOUTH LINE OF THE NORTH 1/2 OF SECTION 35,AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE NORTH 43°47'54"WEST,A DISTANCE OF 94.86 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 336.0 FEET, DELTA OF 41°01'26", AND A CHORD BEARING AND DISTANCE OF NORTH 23°14'57" WEST, 235.47 FEET, RESPECTIVELY; THENCE NORTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 240.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 02°46'25" WEST, A DISTANCE OF 750.60 FEET; THENCE NORTH 04°21'08" WEST, A DISTANCE OF 294.22 FEET TO AN INTERSECTION WITH PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR STATE ROAD NO. 93 (1-75) SHEET 8 OF 10; THENCE NORTH 89°31'01" EAST ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PROPOSED ACCESS ROAD AND THE NORTH BOUNDARY OF THE SOUTHERN PORTION OF CITY GATE COMMERCE CENTER, PHASE ONE,A DISTANCE OF 454.07 FEET TO AN INTERSECTION WITH THE WEST LINE OF COLLIER COUNTY WATER TREATMENT PLANT AS RECORDED IN OR 1022, PG 1257;THENCE SOUTH 00°47'14" WEST ALONG SAID WEST LINE OF TREATMENT PLANT AND THE EAST BOUNDARY OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 653.80 FEET;THENCE NORTH 89°04'40" EAST ALONG THE SOUTH LINE OF SAID TREATMENT PLANT AND THE NORTH BOUNDARY OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 690.82 FEET TO AN INTERSECTION WITH THE WEST LINE OF A 170.00 FEET WIDE FLORIDA POWER & LIGHT COMPANY EASEMENT, AS RECORDED IN OR 681, PG 1210; THENCE NORTH 00°47'14" EAST ALONG THE WEST LINE OF SAID EASEMENT AND THE EAST LINE OF SAID TREATMENT PLANT, A DISTANCE OF 332.74 FEET TO A POINT ALONG THE EAST LINE OF SAID WATER TREATMENT PLANT AND THE WEST LINE OF SAID EASEMENT; THENCE CONTINUE NORTH 00°47'14" EAST ALONG SAID WEST LINE AND SAID EAST LINE, A DISTANCE OF 1,066.70 FEET; THENCE NORTH 58°30'03" WEST ALONG THE NORTHERLY LINE OF SAID TREATMENT PLANT AND THE SOUTHERLY LINE OF SAID EASEMENT, A DISTANCE OF 596.93 FEET TO THE SOUTHEAST CORNER OF PARCEL "A" PROPOSED CONVEYANCE TO CITY GATE AS RECORDED IN OR 3695, PG 2872;THENCE SOUTH 61°10'06" WEST ALONG THE SOUTH LINE OF SAID PARCEL"A"AND THE NORTH LINE OF SAID TREATMENT PLANT, A DISTANCE OF 203.97 FEET; THENCE SOUTH 00°47'14" WEST ALONG THE EAST BOUNDARY OF SAID CITY GATE, PHASE ONE AND THE WEST LINE OF SAID TREATMENT PLANT, A DISTANCE OF 870.28 TO AN INTERSECTION WITH SAID PROPOSED ACCESS ROAD; THENCE SOUTH 89°31'01" WEST ALONG THE NORTH RIGHT OF WAY LINE OF SAID PROPOSED ACCESS ROAD AND THE SOUTH BOUNDARY OF THE NORTHERN PORTION OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 456.52 FEET TO AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF STATE ROAD 951; THENCE NORTH 00°29'22" WEST ALONG SAID EAST RIGHT OF WAY LINE OF STATE ROAD 951 AND THE WEST LINE OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 1260.46 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 35; THENCE NORTH 89°13'02" EAST ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 5,182.54 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35;THENCE SOUTH 00°30'14" EAST ALONG THE EAST LINE OF SAID SECTION 35, A DISTANCE OF 2,669.36 TO THE MIDPOINT OF THE EAST LINE OF SECTION 35; THENCE SOUTH 86°27'31" WEST, A DISTANCE OF 66.98 FEET TO THE NORTHEAST CORNER OF LOT 18,WHITE LAKE CORPORATE PARK,PHASE THREE;THENCE SOUTH 89°00'01" City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 4 WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF SECTION 35,A DISTANCE OF 4,910.20 FEET TO THE POINT OF BEGINNING. PROPERTY CONTAINS 12,699,846 SQUARE FEET OR 291.55 ACRES, MORE OR LESS. SPORTS COMPLEX EXTENSION (LOT AND STREETS) A PARCEL OF LAND LYING IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE AFOREMENTIONED SECTION 36, THENCE S.00°30'14"E. ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER (NW 1/4) OF SECTION 35, A DISTANCE OF 335.24 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, THENCE N.89°13'01"E. DEPARTING SAID EAST LINE, A DISTANCE OF 1,403.49 FEET TO A POINT OF CURVATURE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 781.88 FEET, (CHORD BEARING S.45°37'12"E.) (CHORD 1,108.88 FEET) (DELTA 90°19'33") FOR A DISTANCE OF 1,232.62 FEET; THENCE S.00°27'26"E., A DISTANCE OF 1,815.14 FEET: THENCE S.89°13'01"W.,A DISTANCE OF 2,247.89 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECTION 36; THENCE N.01°57'22"W. ALONG SAID WEST LINE, A DISTANCE OF 264.22 FEET; THENCE N.86°27'31 "E. DEPARTING SAID WEST LINE, A DISTANCE OF 66.98 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE AFOREMENTIONED SECTION 35; THENCE N.00°30'14"W. ALONG SAID EAST LINE, A DISTANCE OF 2,334.07 FEET TO THE POINT OF BEGINNING. CONTAINING 5,577,869 SQUARE FEET OR 128.05 ACRES, MORE OR LESS. ALSO DESCRIBED AS: UPDATED CITY GATE COMMERCE PARK OVERALL MPUD BOUNDARY A PARCEL OF LAND LYING IN SECTION 35 AND 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 6, CITY GATE COMMERCE CENTER, PHASE THREE, AS RECORDED IN PLAT BOOK 63, PAGE 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE S.00°30'14"E. ALONG THE EAST LINE OF SAID LOT 6, FOR 335.24 FEET;THENCE N.89°13'01"E. DEPARTING SAID EAST LINE OF LOT 6, FOR 1,403.49 FEET TO A POINT OF CURVATURE TO THE RIGHT;THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 781.88 FEET, (CHORD BEARING S.45°37'12"E.) (CHORD 1,108.88 FEET) (DELTA 90°19'33") FOR 1,232.62 FEET;THENCE S.00°27'26"E., FOR 1,815.14 FEET;THENCE 5.89°13'01"W., FOR 2,247.89 FEET TO AN INTERSECTION WITH THE EAST LINE OF LOT 18, WHITE LAKE CORPORATE PARK PHASE THREE, AS RECORDED IN PLAT BOOK 34, PAGE 45, OF SAID PUBLIC RECORDS; THENCE N.01°57'22"W. ALONG SAID EAST LINE OF LOT 18, FOR 264.16 FEET TO AN INTERSECTION WITH SOUTH LINE OF LOT 26,CITY GATE COMMERCE PARK, PHASE THREE REPLAT,AS RECORDED IN PLAT BOOK 65, PAGE 95, OF SAID PUBLIC RECORDS; THENCE S.89°00'01"W. ALONG THE SOUTH BOUNDARY OF SAID PLAT AND THE WESTERLY PROLONGATION THEREOF, ALSO BEING THE SOUTH BOUNDARY OF THE AFOREMENTIONED PLAT OF CITY GATE COMMERCE CENTER, PHASE THREE REPLAT AND CITY GATE COMMERCE CENTER, PHASE ONE, AS RECORDED IN PLAT BOOK 41, PAGE 6, OF SAID PUBLIC RECORDS, City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted PUDR-PL20190001494 March 16,2020 5 FOR 4,909.52 FEET; THENCE ALONG THE BOUNDARY OF SAID PLAT OF CITY GATE COMMERCE CENTER, PHASE ONE, FOR THE FOLLOWING SEVEN (7) COURSES: 1. N.43°36'37"W., FOR 96.29 FEET TO A POINT OF NON-TANGENT CURVATURE TO THE RIGHT, 2.ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 336.00 FEET(CHORD BEARING N.23°17'10"W.) (CHORD 235.47 FEET) (DELTA 41°01'29") FOR 240.58 FEET, 3. N.02°46'25"W., FOR 750.60 FEET, 4. N.04°21'08"W., FOR 294.26 FEET, 5. N.89°31'01"E., FOR 454.12 FEET, 6. 5.00°47'14"W., FOR 653.80 FEET, 7. N.89°04'40"E., FOR 690.82 FEET TO AN INTERSECTION WITH THE BOUNDARY OF THE AFOREMENTIONED PLAT OF CITY GATE COMMERCE CENTER, PHASE THREE; THENCE ALONG THE BOUNDARY OF SAID PLAT OF CITY GATE COMMERCE CENTER, PHASE THREE, FOR THE FOLLOWING THREE (3) COURSES: 1. N.00°47'14"E., FOR 1,399.21 FEET, 2. N.58°30'03"W., FOR 596.93 FEET, 3. 5.61°09'57"W., FOR 203.97 FEET TO AN INTERSECTION WITH THE BOUNDARY OF THE PLAT OF CITY GATE COMMERCE CENTER, PHASE ONE REPLAT,AS RECORDED IN PLAT BOOK 41, PAGE 6,OF SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY OF SAID PLAT AND THE SOUTH PROLONGATION THEREOF, ALSO BEING THE BOUNDARY OF THE AFOREMENTIONED PLAT OF CITY GATE COMMERCE CENTER, PHASE ONE, AND THE EASTERLY PROLONGATION THEREOF OF THE NORTH BOUNDARY OF SAID PLAT, ALSO BEING THE NORTH BOUNDARY OF THE AFOREMENTIONED PLAT OF CITY GATE COMMERCE CENTER, PHASE THREE, FOR THE FOLLOWING FOUR (4) COURSES: 1. 5.00°47'14"W., FOR 870.39 FEET, 2. 5.89°31'01"W., FOR 456.51 FEET, 3. N.00°29'15"W., FOR 1,259.50 FEET, 4. N.89°13'01"E., FOR 5,182.54 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL OF LAND CONTAINING 419.60 ACRES, MORE OR LESS. City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted PUDR-PL20190001494 March 16,2020 6 GENERAL DESCRIPTION OF PROPERTY AREA A. The 291.55 419.60-acre tract lies in the Northeast quadrant of the 1-75 / CR 951 Interchange.The property is bounded on the west by CR 951 and on the north by the Golden Gate Canal. B. The property is zoned A-2 Agricultural, proposed to be rezoned to PUD—Planned Unit Development.The property lies in the Collier County Water Sewer District. 1.4. PHYSICAL DESCRIPTION The property elevation ranges from about 10.3 feet to 12.2 feet above mean sea level, averaging about 11 feet. Wetlands on the property arc limited to about 28.5 acres, most vegetation invasion. Most of the property is vegetated with pine and associated upland plants. Soil types on the property include Arzell, Keri, and Pompano Fine Sand. Water management for the City Gate Commerce Park project is to be the lake and natural surface detention type. Surface water discharge will be to the north into the Golden Gate Canal through a single control structure. 1.5. STATEMENT OF COMPLIANCE The original PUD, Ordinance No. 88-93, was found consistent with the Comprehensive Plan in effect at that time (Ordinance No. 83-54). Development of City Gate Commerce Park as a Planned Unit Development will comply with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The Comprehensive Plan Policy which most specifically relates to the City Gate project is Policy"D" of Objective 3: City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 7 OBJECTIVE 3 An appropriate mix of land uses to provide for the present and future needs of Collier County. D. Guide economic development to encourage a diversification of the county's economic base and to meet the employment needs of present and future residents. Compliance with Comprehensive Plan rests on the following factors: 1. The City Gate property meets the Comprehensive Plan rating point system with respect to the availability of public services and facilities. 2. The planned land use mix conforms to the Future Land Use Map. 3. All project improvements will comply with applicable regulations. 4. The project will constitute a major work center with an excellent working environment. 5. The project will be served by a complete range of services and facilities. This The 2018 PUD Amendment +s was found and this 2019 PUD Amendment is found consistent with the current Comprehensive Plan (Ordinance No. 89-05, as amended) as the uses and intensities are consistent with Future Land Use Element Policy 5.3 and the Future Land Use Map designations in which the PUD is located. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 8 SECTION II PROJECT DEVELOPMENT 2.1. PURPOSE The purpose of this Section is to describe the basic development objectives and to generally describe the project development plan. 2.2. GENERAL A. City Gate Commerce Park is planned as a mixed use, non-residential, commercial/industrial/office/related services project. The uses on some, if not all,of the sites nearest CR 951 west of the F. P. & L. easement will provide a variety of commercial services. The remainder of the sites, both east and west of the F. P. & L. easement, will be utilized by commercial and industrial firms associated with technological research, product development, light manufacturing, storage and distribution, offices, recreational and a wide variety of utilitarian and commercial support businesses. City Gate Commerce Park will provide sites which accommodates a variety of entrepreneurial activities in a physical setting which is spacious, attractive, and free of the nuisance type characteristics which are typical of industrial districts of the past. A primary development objective of City Gate is that the structures, the amenities, and the natural and installed landscape be attractive and constitute a pleasant, satisfying employment environment. B. Development of this project shall be governed by the contents of this document and applicable sections of the Collier County Zoning Ordinance, at the time of development order application for Site Development Plans (SDP) or Subdivision Construction Plans and Plat (PPL) approval. C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Zoning Ordinance, at the time of development order application for SDP or Plat approval. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 9 D. "SPORTS COMPLEX PROJECT" — References herein to the "Sports Complex Project" shall mean the Sports Complex Lot and Sports Complex Extension and any abutting property within the City Gate Commerce Park MPUD which is owned and/or leased by Collier County, as a unified plan of development. Notwithstanding the foregoing, the Sports Complex Project as defined herein will not include the Lake and Recreational Tract. 2.3. PROJECT PLAN A. The Master Development Plan for the project was indicated on Map (H) of the Application for Development Approval and is an integral part of this PUD Document. A reduced version of the updated and amended Master Development Plan is attached at the rear of this document, as Exhibit A-1. Elements of the Master Development Plan include: Land Use Acres Streets ±23.16 Lake and Recreational Tract ± 13.84 F. P. & L. Easement ± 10.00 Sports Complex Lot ±61.00(±2.50 acres) ±65.83 (±2.50 acres) Building sites ±183.55(±2.50 acres) ±178.72 (±2.50 acres) Sub-Total (Existing City Gate Commerce Park MPUD Boundary) ±291.55 Sports Complex Extension (Lot) ± 113.13 Sports Complex Extension (Streets) ±14.92 Sub-Total (Sports Complex Extension-Lot and Streets) ±128.05 PUD Total ±419.60 Project Development, PPLs and SDPs, shall conform to the approved Master Development Plan in all material respects. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted P U D R-P L20190001494 March 16,2020 10 B. In addition to the plan elements shown on the Master Development Plan, such easements and rights-of-way shall be established as may be necessary or desirable for the service,function or convenience of the project. 2.4. MAXIMUM DEVELOPMENT INTENSITY A. MPUD (EXLUDING THE SPORTS COMPLEX EXTENSION) i. Development intensity permitted within City Gate Commerce Park shall be limited to the amount of building development set forth in Table 12.6.3., as Exhibit A-2, reproduced from the City Gate Commerce Park A.D.A.,and attached at the rear of this document. The proposed development includes 90,000 square feet of commercial, 836,000 square feet of office, 1,920,000 square feet of industrial, gas stations, 250 hotel/motel rooms, and 80,000 square feet of public, utilitarian, recreational and educational space (see Table 12.6.3). The amount of building development devoted to the various land uses which will occupy the project may vary from the estimates incorporated in the A.D.A., but the aggregate amount of building development indicated by A.D.A.Table 12.B.3. may not be exceeded. ii. The MPUD'atotal trips shall not exceed 5,999 net external two-way PM peak hour trips,as calculated in the approved A.D.A. ("Approved Trips"). In any development scenario,the MPUD's total trips shall not exceed the Approved Trips based on the use codes in the ITE manual on trip generation rates in effect at time of application for SDP,SDPA or Subdivision Plat approval within this portion of the MPUD. iii. HOTEL AND MOTEL The proposed hotel and motel rooms in Section 2.4.A may be increased to a maximum of 950 1,250 rooms, subject to the traffic cap in Section 2.4.A. B. SPORTS COMPLEX EXTENSION The Sports Complex Extension shall be limited to the maximum of 18 multi-purpose fields, a ±10,000 SF General Office, and accessory uses. The Sports Complex Extension's total trips shall not exceed 309 two-way PM peak hour trips, resulting in a total of 6,308 two-way PM peak hour trips for the MPUD. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted P U D R-P L20190001494 March 16,2020 11 2.5. PLAN APPROVAL REQUIREMENTS A. PURPOSE The Master Development Plan indicates the basic nature of development permitted for the project as a whole, consisting of a road network, a centrally located lake,a system of pedestrian ways, a lake front amenity site and corridors of development sites along which individual development parcels will be established. Installation of required streets, utilities, etc. may occur either in the entirety, or in a series of increments. The purpose of the plan approval requirements is to provide a mechanism for the county staff to review detailed development plans and to determine if those plans will comply fully with commitments established by the PUD document, DRI Development Order, County Zoning Regulations and all other applicable standards and regulations. County Staff approval of detailed development plans must be obtained prior to the construction of project infrastructure. B. SITE DEVELOPMENT PLAN APPROVAL REQUIRED Prior to the issuance of building permits for a structure or structures on any development site, Site Development Plan approval must be obtained in accordance with the Land Development Code. The Site Development Plan must be in substantial compliance with the project Master Development Plan, as that plan may be modified by Collier County from time to time. In accordance to the Land Development Code,the Site Development Plan review and approval process shall include consideration of architectural design, quality and building materials suitability as those matters relate to the development quality commitments set forth in Section 2.2.A. of this document. Nothing in the LDC shall be deemed to prohibit the use of murals or art on walls and/or exterior walls of buildings or art / sculptures within the Sports Complex Project, subject to Board of Collier County Commissioners approval. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 12 C. RECORD PLAT APPROVAL REQUIREMENTS Prior to recording the record plat,final plans of the required improvements shall be approved by the Planning/Zoning Director and appropriate other Collier County Departments and Officials to insure compliance with the project Master Development Plan, the Collier County Comprehensive Plan, the Collier County Subdivision Regulations, and platting laws of the State of Florida. 2.6. EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS The following requirements shall be waived or modified: A. Article X, Section 16: Sidewalks shall be required on at least one side of all internal project streets. Article X,Section 19: Street name signs shall be approved by the County Engineer but need not meet the U.S.D.O.T.F.H.W.A. Manual of Uniform Traffic Control Devices. Article XI, Section 10: The requirement to install monuments in a typical water valve cover shall be waived if all monuments arc installed in accord with state standards and in a manner approved by the County Engineer. 4;113. Article XI, Section 21: The requirement for blank utility casings shall be waived if all required utilities are installed prior to construction of the street base and pavement. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 13 2.7. DEVIATIONS TO COUNTY LDC REGULATIONS(See Exhibit A-5 Sign Deviation and Exhibit A- 1 Master Development Plan, page-2-4-6 4 of 13) (The following deviations are being sought from the latest version of the Collier County LDC at the time of the adoption of this PUD Amendment Ordinance and shall valid through any subsequent and superseding LDC versions. Any Sign exceeding the requirements of PUD Section 2.7 3. thru Section 2.7 12. shall be approved by a supermajority vote of the Board of Collier County Commissioners.) Sec also, Section II Paragraph 2.2.0.above. 1. INTENTIONALLY OMITTED 2. INTENTIONALLY OMITED DIRECTORY SIGN—MPUD (PLATTED LOT 7, PHASE ONE) 3. Deviation#3 seeks relief from LDC Section 5.06.04 F.1"On-Premise Signs,"which requires for single-occupancy or multiple-occupancy lots, having frontage of 150-feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots,to have one pole or ground sign; and requires a minimum separation of 1,000-feet as measured along the street frontage, and all setback requirements are met, to instead allow a) one additional directory sign for the City Gate Commerce Park MPUD on Lot 7, located within City Gate Commerce Park Phase One Plat, as recorded in Plat Book 41, pages 6-7, of the Public Records of Collier County, as shown on the attached Master Development Plan Exhibit A-1, page 2 of 5 4 of 13; and b) a minimum separation of 100-feet from any on-site monument signs. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PU DR-PL20190001494 March 16,2020 14 FLAGS AND FLAGPOLES—SPORTS COMPLEX PROJECT(ON-SITE) 4. Deviation#4 seeks relief from LDC Section 5.06.04 F.8.a "Flags and Flag Poles,"which requires that a flagpole shall not exceed 50 feet in height from the finished grade, nor extend more than 20 feet from any building to which it is attached, to instead allow, within the Sports Complex Project, a) a maximum height of 100-feet from finished grade; b) extension up to 40-feet from any building to which it is attached; c) up to 100 flag poles separated by a minimum distance of 100-feet within the Sports Complex Project, except flag poles attached to the stadium structure are not subject to the 100-foot minimum separation; and d) The actual height of future structures on the Sports Complex Project shall be equal to the actual structure height plus the flagpole height. For example, the maximum actual structure height of 85-feet plus the maximum flagpole height of 40-feet equals an overall maximum height of 125-feet. 5. Deviation#5 seeks relief from LDC Section 5.06.04 F.8.b"Flags and Flag Poles,"which permits non-residential developments at least 10 acres in size having multiple entrances, may have up to 3 flagpoles at each entrance that provides ingress/egress off an arterial or collector road, provided that there is a minimum 300-foot separation between entrances, to instead allow six (6) flagpoles at each entrance within the Sports Complex Project. The three flagpoles that are clustered are not subject to the 100-foot minimum separation in Deviation#4. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 15 DIRECTIONAL SIGNS—MPUD/SPORTS COMPLEX PROJECT(WITHIN MPUD) 6. Deviation#6 seeks relief from LDC Section 5.06.04 F.9 "On-Premise Directional Signs," which requires that directional signs shall not exceed 6 square feet in area, 4 feet in height, be limited to two(2) at each vehicle access point and a maximum of 4 internal to the MPUD,and LDC Section 5.06.04 G.2.e"Off-Premise Directional Signs"which requires that directional signs be limited to within 1,000 feet from the building, structure, or use for which the sign is displayed: to instead allow combined off-premises and on-premises directional signs,for the MPUD and the Sports Complex Project, within the MPUD's internal public or private right-of-way, or abutting thereto (but more than 200 feet from Collier Boulevard) as follows, a) provide no more than 12-square feet in area per sign; b) directional signs shall not exceed 8-feet in height; c) up to seven (7)directional signs,which must be separated by a minimum distance of 250- feet; and d) directional signs may be more than 1,000 feet from a building,structure,or use(including the Sports Complex Project)for which the sign is displayed. 7. Deviation#7 seeks relief from LDC Section 5.06.04 F.9.a"On-Premise Directional Signs,"which limits on-premise directional signs internal to a subdivision or development to maintain a minimum setback of 10-feet from property lines, to instead allow a minimum setback of 0- feet. This deviation shall apply to on-premise directional signs along public or private rights- of-way, throughout the City Gate Commerce Park MPUD. This deviation does not apply to directional signage on the Sports Complex Project. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 16 POLE MOUNTED SIGN WITH DISPLAY—SPORTS COMPLEX PROJECT 8. Deviation #8 seeks relief from LDC Section 5.06.04 G.1 "Off-Premises Directional Signs," which permits off-site directional signs only in nonresidential zoning districts, agricultural districts and designated nonresidential components of PUDs, to instead permit one (1) off- site identification, promotional and sponsorship sign,for the Sports Complex Project,within the Collier Boulevard (C.R. 951) right-of-way with further Board of County Commissioners approval by simple majority vote of the location. Please refer to the Master Development Plan Exhibit A-1, page 2 of 5 4 of 13, and the Sign Deviation Exhibit A-5. 9. Deviation#9 seeks relief from LDC Section 5.06.04 G.2"Off-Premises Directional Signs,"which allows no more than 2 one-sided or 1 double-sided off-premise directional signs be permitted for a building, structure, or use which is not visible from the roadway serving such building, structure, or use, provided that each sign shall not be more than 12 square feet in area, the sign shall not be more than 8 feet in height above the lowest center grade of the roadway adjacent to the sign location,the sign shall not be located closer than 10 feet to any property line, the applicant shall submit with the permit application and the sign shall be located no more than 1,000 feet from the building, structure, or use for which the sign is displayed, to instead permit a sign for the Sports Complex Project that: a) shall not exceed 350-square feet in area (not to exceed 9-feet by 15-feet in display area for each side of the sign); b) shall not exceed 25-feet in height above the lowest center grade of the roadway adjacent to the sign location; c) shall not be located closer that 0.5-feet from any property line; and d) shall not be located more than 4,500 feet from Sports Complex Project; and e) shall be abutting to the MPUD boundary. 10. Intentionally Omitted. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 17 MONUMENT SIGN—MPUD/SPORTS COMPLEX PROJECT 11. Deviation #11 seeks relief from LDC Section 5.06.04.G "Off-Premises Directional Signs," which permits a sign no more than 12-square foot sign in area, to instead allow for a combined ground/monument sign for the Sports Complex Project and the City Gate Commerce Park MPUD as follows: a) 64-square feet in area; b) location in the road right-of-way, labeled City Gate Boulevard North on Exhibit A-5, within the traffic separator; and c) more than 1,000 feet off-site from the Sports Complex Project. Once City Gate Boulevard North is accepted by the Board of County Commissioners as a public road, any structural changes to the directional sign shall require a right-of-way permit. The signage shall be perpetually maintained by the City Gate Commerce Park Master Property Owner's Association, Inc. or its Successor. Collier County reserves the right to remove the sign to accommodate road expansion of City Gate Boulevard North. SIGNS—SPORTS COMPLEX PROJECT ONLY—ON PREMISES 12. Deviation #12 seeks relief from LDC section 5.06.05 A.3 "Sign Exemptions," which permits signs to be located on fences or walls surrounding athletic fields, or within sports arenas, stadiums and the like, not to exceed 32 square feet in size, per side, per sign and that signs also be oriented along the fence or wall to face the fields(s) or playing area, and away from any adjacent public or private roads,to instead allow directional,advertisement,promotional, display, and sponsorship signage, without limitations for type of, location, size, or number, within the Sports Complex Project. The projection of light from signs to the North shall be prohibited. External Projection Sign Limits • Lighted signs are allowed facing to the East,West,and South and cannot be animated; • Lighted signs facing to the North are allowed, cannot be taller than 25-feet, and cannot be animated; and • Up to three (3) 15-feet by 40-feet (surface area) signs may be installed for naming rights; signs can be lighted, but not animated. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted P U D R-P L20190001494 March 16,2020 18 PARKING -SPORTS COMPLEX PROJECT ONLY 13. Deviation #13 seeks relief from LDC Section 4.05.02 B.1 "Parking Lots and Spaces -Surfacing Standards," which requires that parking lots, driveways and access aisles be paved ..., to instead allow for grassed driveways and access aisles, in grassed parking areas,for the Sports Complex Project. 14. Deviation #14 seeks relief from LDC Section 4.05.04 G Table 17 "Parking Space Requirements," which permit grassed parking for not more than 50 percent of the provided parking for the facilities planned for the Sports Complex, to instead allow for the Sports Complex Project up to 75 percent of the provided parking spaces to be grassed parking. 15. Deviation#15 seeks relief from LDC Section 4.06.03 B.1"Landscaping in Vehicular Use Areas," which requires at least ten percent of the amount of vehicular use area on-site shall be devoted to interior landscaping areas, to instead allow no landscaping requirements in grassed vehicular use areas within the Sports Complex Project. This deviation shall only apply to grassed parking areas. 16. Deviation #16 seeks relief from LDC Section 4.06.03 B.3 "Landscaping and Vehicular Use Areas," which requires all rows of parking spaces shall be bordered on each end by curbed landscape islands, to instead remove the requirement for landscape islands, when located within grassed parking areas within the Sports Complex Project. This deviation shall only apply to grassed parking areas. 17. Deviation #17 seeks relief from LDC Section 4.06.03 B.4 "Landscaping and Vehicular Use Areas," which requires interior landscaping areas shall require protection from vehicular encroachment through appropriate wheel stops or curbs or other structures,to instead allow for no wheel stops, curbs or other structures within the Sports Complex Project. This deviation shall only apply to grassed parking areas. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted P U D R-P L20190001494 March 16,2020 19 LANDSCAPE BUFFERS-SPORTS COMPLEX PROJECT- EAST BOUNDARY 18. Deviation#18 seeks relief from LDC Section 4.06.02 A"Buffer Requirements,"which requires that developments shall be buffered for the protection of property owners from land uses, to instead eliminate the landscape buffer requirement along the eastern property boundary of the Sports Complex Lot, provided there is unified ownership of the Sports Complex Lot and the abutting property to the east, where the development is jointly planned Sports Complex Extension. In conjunction with the off-site native vegetation requirements (See Deviation#21 in this document),the buffer requirements (acreage of typical retained native vegetation) shall be shown on the first site development plan (SDP) application, but may be relocated with a site development plan amendment (SDPA)application in the future. LANDSCAPE BUFFERS—MPUD 19. Deviation#19 seeks relief from LDC Section 4.06.02 A"Buffer Requirements," which requires a separate buffer tract or easement on the final subdivision plat, to instead remove this requirement from public or private rights-of-way, within any existing or subsequent Subdivision Plat (PPL), within the City Gate Commerce Park MPUD, east of the F. P. & L. easement. 20. Deviation#20 seeks relief from LDC Section 6.06.01 0.5 "Landscape Buffers," which requires a separate buffer tract or easement on the final subdivision plat, to instead remove this requirement from public or private rights-of-way, within any existing or subsequent Subdivision Plat (PPL), within the City Gate Commerce Park MPUD, east of the F. P. & L. easement. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 20 RETAINED NATIVE VEGETATION -SPORTS COMPLEX PROJECT LOT ONLY 21. Deviation #21 seeks relief,for the Sports Complex Project Lot only, from the PUD's Required Yard Plan, which requires native vegetation retention to be on-site, and LDC Section 3.05.07 H.1.f "Off-Site Vegetation Retention," to allow at a minimum 50% of the Required Yard Plan to be completed on-site (MPUD) and at a maximum 50% to be completed off-site (currently outside of the MPUD boundary). To accomplish such,a minimum of 50%of the Required Yard Plan (for the Sports Complex Project Lot), shall be shown on the first site development plan and concurrently a unified site concept plan shall designate the additional required off-site Yard on the abutting parcel, which shall be under unified control. This shall satisfy the Required Yard Plan associated with the Sports Complex Project Lot. The off-site native vegetation shall be shown on the first site development plan (SDP) application but may be relocated with a site development plan amendment (SDPA) application in the future. CARETAKER RESIDENCES—MPUD INCLUDING SPORTS COMPLEX PROJECT 22. Deviation#22 seeks relief from LDC Section 5.03.05 A"Caretaker Residences,"which requires that the residence shall be constructed as an integral part of the principal structure and shall be entered from within the principal structure, to instead allow for a maximum of five (5} seven (7) attached or detached caretaker's residence(s), limited to locations East of the F. P. & L. Easement. ,, . , . ,, , 1, . . , . , .a. el . ..e 23. -.•. •_ • -- - •- _ - - _ :.! .! ". . - - .... ..... which requires a complete storm water management system shall be provided for all areas within the subdivision or development, including lots, streets, and alleys, to instead permit water management detention and or retention areas,for the City Gate Commerce Park,to be located outside of the MPUD boundary per review and acceptance of the South Florida Water Management District. Collier County will take water management to the abutting County Environmental Resource Permit (SFWMD ERP). Intentionally Omitted. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 21 ARCHITECTURAL REVIEW STANDARDS—SPORTS COMPLEX PROJECT 24. Deviation#24 seeks relief from LDC Section 5.05.08"Architectural and Site Design Standards," which provide architectural guidelines, to instead allow for the deviation process in Section 5.05.08 G. of the LDC for buildings located within the Sports Complex Project. PRESERVATION -SPORTS COMPLEX EXTENSION ONLY 25. Deviation#25 seeks relief from LDC Section 3.05.07 H.1.f.i "Purpose and Intent. The purpose of this subsection f. is to identify the criteria to satisfy on-site preserve requirements off site. The intent of the on-site preserve requirement is to retain, maintain, and preserve existing native vegetation on-site as provided for in the Conservation and Coastal Management Element of the GMP," to allow 9.28-acres of the Sports Complex Extension's preserve requirement, located on the abutting County owned property, to be treated as on-site so there can be one contiguous 13.65-acre preserve. Refer Exhibit A-1 Master Development Plan, page 3 of 13. 26. Intentionally Omitted. 27. Intentionally Omitted. 28. Intentionally Omitted. 29. Intentionally Omitted. LANDSCAPE BUFFERS—SPORTS COMPLEX EXTENSION ONLY 30. Deviation #30 seeks relief from LDC Section 4.07.02 B.2 PUD "Design Requirements," which requires PUDs to provide landscape buffers along the perimeter of PUD boundaries,to instead allow no landscape buffers along the perimeter of the Sports Complex Extension if development with abutting properties is jointly planned. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted P U D R-P L20190001494 March 16,2020 22 WALL REQUIREMENTS—MPUD 31. Deviation #31 seeks relief from LDC Section 5.03.02 D.1 "Fences and Walls," which allows fences and walls within PUDs to be a maximum height of 8',to instead allow a wall up to 14' in height along the north MPUD boundary where it abuts the Golden Gate Canal. Refer to Exhibit A-4, page 2 of 2,of the PUD Document. LANDSCAPING—MPUD (EXCLUDING THE SPORTS COMPLEX EXTENSION) 32. Deviation #32 seeks relief from LDC Section 4.05.04. C."Parking Space Requirements," which requires double landscaping in commercial vehicular use areas of a minimum of 80 parking spaces, if provided parking is in excess of 120% of the LDC requirements, to instead allow parking in excess of 120% of the LDC requirements without the need to provide additional vehicular use landscaping. PARKING—MPUD 33. Deviation #33 seeks relief from LDC Section 5.05.08 F.2.b.ii.b "Parking for Projects," which allows no more than 80 percent of the off-street parking requirement,for buildings on corner lots, to be located between a primary facade and the abutting street, with no single side to contain more than 65 percent of the total required parking, to instead allow more than 80 percent of the off-street parking requirement to be located between a primary facade and the abutting street,and allow more than 65 percent of the total required parking to be located on any single side of the building. This deviation does not apply to the "Sports Complex Extension" site. 2.8 STREETS TO BE OPEN TO THE PUBLIC Except as otherwise agreed between County and owner or as determined by the Board of Supervisors of the Community Development District,all streets within the project shall be common property of the project landowners and shall in all cases be open to travel by the public. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 23 2.9 IMPACT FEES The City Gate Commerce Park project shall be subject to all impact fees applicable to it at the time of project approval. In the event future impact fees are adopted to assist with various public service facility financing, such fees shall be applicable to the City Gate Commerce Park project in accord with the terms of the ordinances which impose the fees. 2.10 P.U.D. DOCUMENT COMPLIANCE Responsibility for compliance with the terms of this PUD document,the DRI Development Order and all other applicable public regulatory requirements shall initially be that of the project developer or his successor(s) in title. Prior to the developer or his successor(s) in title being relieved of this responsibility,a project management entity shall be established and given responsibility for continuing maintenance of the project infrastructure, lake, water management facilities, common open space, streets,etc. 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 the City Gate Commerce Park Master Property Owner's Association, Inc. 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. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 24 SECTION III PROJECT DEVELOPMENT REGULATIONS 3.1. PURPOSE The purpose of the Section is to set forth the development regulations applicable to the City Gate Commerce Park project. 3.2. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part,for other than the following: A. Principal Uses (See Exhibit A-3, Permitted Uses-SIC Codes): 1. WEST OF THE FLORIDA POWER& LIGHT EASEMENT: a. One gasoline service station or fuel dispensing facility b. Hotels or motels including integral cocktail lounges c. Retail sales and personal service businesses. 2. EAST OF THE FLORIDA POWER& LIGHT EASEMENT: a. One gasoline service station or fuel dispensing facility b. Light manufacturing and/or processing c. Research,testing, product development d. Service and repair businesses e. Showrooms and sales centers in association with permitted uses f. Storage and distribution uses g. Publishing, reproduction, communications h. Retail sales and personal service businesses City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PU DR-PL20190001494 March 16,2020 25 3. SPORTS COMPLEX PROJECT(See Section II - Paragraph 2.2.D.): a. Amusement and Recreational Services, Field House/Event Center, and Stadium b. Recreational uses designed and operated to serve athletes and/or the public. The Sports Complex Project shall not lease or sell any property/facility to a professional sports team /franchise. The facility shall never be managed, owned, or operated by a professional sports team. Professional teams may lease the facility for events and games by Board of County Commissioner's approval. c. Passive Recreation (such as, but not limited to,walking, hiking and/or biking trails). d. Any uses that are complimentary to and in support of the Recreational uses. e. Hours of Operation for Outdoor Activities (May not Exceed): 1. Sunday through Thursday — 7AM to 10PM (weekday holidays, recognized by Collier County Government, are subject to the Friday and Saturday time schedule below) 2. Friday and Saturday—7AM to 12AM (Midnight) 3. Weather related delays will extend the hours of operation accordingly. 4. "A Special Events Permit" to exceed the hours listed above shall be approved by the Board of Collier County Commissioners. f. Any stages or amplified sound (i.e. concerts)will face the South g. Dark Skies-Outdoor Lighting Basics shall apply 4. PERMITTED USES—PRESERVE AREAS (SPORTS COMPLEX EXTENSION) a.Water Management, as allowed by the LDC b.Passive Uses, as allowed by the LDC c. Uses subject to LDC Section "Allowable Uses within County Required Preserves". City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 26 4. 5. BOTH EAST AND WEST OF THE FLORIDA POWER& LIGHT EASEMENT: a.Restaurants, including fast food restaurants b.Utilitarian, recreational, educational, and medical uses and services c.Business and professional offices;financial institutions d. Hotels and Motels e. Any other use which is determined by the Board of Zoning Appeals to be comparable and/or compatible with the listed permitted uses. B. Accessory Uses: 1. Accessory uses and structures which are customarily associated with the permitted uses 2. Project sales and administrative offices and facilities 3. Signs as permitted by the Collier County Zoning Ordinance in effect at the time of application for the sign permit and as subject to Section 2.7 in this document. 4. A maximum of five(5)seven(7)caretaker's residences,within the PUD,subject to Section 2.7 of this document. 5. A perimeter security fence and/or wall, not to exceed 8 feet in height, except along the north MPUD boundary where it abuts the Golden Gate Canal. Refer to Exhibit A-4, page 2 of 2, of the PUD Document. 6. Boat docks, decks, boardwalks and other similar passive recreational use within the Recreational and Lake Tract. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted P U D R-P L20190001494 March 16,2020 27 3.3. DEVELOPMENT STANDARDS A. Minimum Parcel Size: West of F. P. & L. easement: 1 acre East of F. P. & L. easement: 2 1 acres B. Minimum Parcel Width: West of F. P. & L. easement: 150 feet East of F. P. & L. easement: NO 150 feet C. Minimum Yards: West of F. P. & L. easement: front, side and rear yards: 25 feet unless adjoining parcels are jointly planned, in which case the adjoining side yard requirements may be waived or modified during the SDP approval process. East of F. P. & L. easement: Front yard—50 feet Rear yard—50 feet Side yard — 25 feet, unless adjoining parcels are jointly planned, in which case the adjoining side yard requirements may be waived or modified during the SDP approval process. Sports Complex Project: Front yard—50 feet Rear yard—50 feet Yard (adjacent to White Lake Planned Unit Development)—50 feet Side yard (all other required)—25 feet, unless abutting parcels are jointly planned, in which case the abutting side yard requirements may be waived or modified during the SDP approval process. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 28 Lots abutting the Lake and Recreational Tract (Tract RL) shall have the option to eliminate the rear or a portion of the rear Required Yard along the shared property boundary with Tract RL, provided that the total required native vegetation is met by expanding the remaining Required Yards within the lot seeking reduction along_the lake bank. C-1. Setbacks to Preserve Areas (Sports Complex Extension): Principal Structures: 25' Accessory Structures: 10' In those instances(East and West of F. P. & L. Easement)where multiple buildings are to occur on a single site,yard requirements shall pertain only to the site boundaries, not to separation between buildings. On site multiple building separation adequacy shall be determined during the SDP approval process. No more than 20%of required yards may be devoted to vehicular drives and parking spaces within the City Gate Commerce Park MPUD. D. Minimum On Site Natural and/or Installed Landscape Area: West of F. P. & L. easement: 20% of gross site area East of F. P. & L. easement: 30%of gross site area The term "Landscape Area" is construed to include fountains, pools, ponds and other water features, walks, terraces, courtyards and other pedestrian spaces when such non-botanical features do not exceed 15%of the required area. E. Maximum Building Height: West of the F. P. & L. Easement: Zoned Height: Platted Lots Abutting the Golden Gate Canal: 36-feet All Other Platted Lots: 60-feet City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 29 Actual Height: Platted Lots Abutting the Golden Gate Canal: 43-feet All Other Platted Lots: 67-feet East of the F. P. & L. Easement: Zoned Height: Platted Lots Abutting the Golden Gate Canal: 36-feet All Other Platted Lots: 60-feet Actual Height: Platted Lots Abutting the Golden Gate Canal: 43-feet All Other Platted Lots: 67-feet The height of poles and netting, related to safety for sports and recreational activities, is limited to a maximum of 150-feet and shall be permitted south of City Gate Boulevard North only. Sports Complex Project: Zoned Height: 75-feet Actual Height: 85-feet;except flagpoles may be extended 40-feet above the Actual Height per Deviation#4 within this document. Taller buildings may be authorized upon application, following advertised public hearings with due public notice by the Collier County Planning Commission and the Board of County Commissioners, a recommendation by the Collier County Planning Commission, and approval by the Board of County Commissioners. Prior to authorizing a taller building, determination shall be made by the County that the nature of the use to which the building is to be devoted warrants the additional height,that the taller building will not depreciate the intended character and quality of the overall City Gate project, and that it will not have negative impacts upon surrounding properties or be detrimental to the public welfare. The foregoing Maximum Building Height shall also apply to lots west of the Sports Complex Project,east of the FPL easement and south of the northern tract line of the Lake and Recreational Tract, that include uses that are compatible and complementary to the Sports Complex Project. (Refer to Exhibit A-1, Page 4A of 13). City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 30 F. Minimum Principal Building Floor Area: 1,000 square feet (Gasoline service stations are exempt from this standard.) G. Merchandise Storage and Display: Outdoor storage and display of merchandise is allowable east of the F. P. & L. Easement, pursuant LDC Section 4.02.12. H. Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systems which are normally located above ground shall be placed and screened so as not to be visible from a street right-of-way or an adjoining property. I. Parking/Loading: Off-street parking and loading spaces shall be provided in accord with the standards of the Collier County Zoning Ordinance in effect at the time of building permit application. Parking and loading facilities shall be so arranged that backing into, or out of, a street right-of-way is unnecessary. Subject to Section 2.7 in this document. J. Performance Standards: Noise, odor, vibration, glare (as differentiated from general illumination), smoke and dust readily detectable by human senses at property boundary lines shall not exceed the background levels characteristic of retail commercial areas. In the event some or all of these performance characteristics are regulated by applicable federal,state,and/or local law,such regulations shall control. Uses which generate special or hazardous waste shall not be established or permitted to operate unless definitive plans for dealing with the waste product have been approved by all agencies with jurisdiction over the matter. Further,said uses shall be governed by all applicable federal, state, and/or local laws as may be adopted or amended from time to time. The future performance characteristics of a given land use are often not predictable with accuracy at the time of building permit issuance. The above listed performance standards not only apply at the time land uses are initiated, but are continuing performance obligations, unless overridden by applicable federal, state, and/or local law. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 31 K. Golden Gate Canal Buffer requirements: Development of sites which abut the Golden Gate Canal shall include installation of landscape and/or structural buffers which insure that residentially zoned properties on the north side of the canal are not subjected to inappropriate views. Buffers shall be shown on site development plans. In evaluating the buffer component of site development plans, the Planning/Zoning Director shall determine adequacy of the planned buffer, taking into account the nature of the planned site utilization,the character of the planned structures(s), and the presence of natural vegetation which will be left in place and which will contribute to the buffering function. At a minimum,the buffer adjacent the Golden Gate Canal shall comply with the cross sections provided within Exhibit A-4,attached hereto. The tree and shrub species, sizes, and spacing shall be approved during the Site Development Plan approval process. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 32 SECTION IV ENVIRONMENTAL REQUIREMENTS 4.1. PURPOSE The purpose of the Section is to set forth the stipulations by the Environmental Advisory Council. The development of the project shall be subject to these stipulations: 4.2. GENERAL The provision for native vegetation retention requirements for this project are set forth in the Required Yard Plan, Exhibit 12 to the Determination of Vested Rights for City Gate Development of Regional Impact and PUD and an updated Required Yard Plan is attached as Exhibit A-6. 4.3. DEVELOPER REQUIREMENTS A. The developer shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have oriented to accommodate this goal. B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval.This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the reestablishment of native vegetation and habitat characteristics lost on the site during construction or due to past activities. C. All exotic plants, as defined in the County Code, shall be removed from development areas,open space areas,and preserve areas during each phase of construction. Following site development, a continuing maintenance program shall be implemented to prevent City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 33 reinvasion of the site by such exotic species. The maintenance plan, which describes control techniques and inspection intervals shall be submitted to and approved by the Natural Resources Management Department and the Community Development Division. D. If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact,or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to construction activities. E. To increase lake productivity and habitat values, lake side slope will be 4:1 out to a depth of 3' from mean low water levels. Petitioner shall investigate vegetating littoral shelf areas with various native plant species. (upon request, NRMD can provide pertinent information concerning plant species) The lake within Tract RL was approved under Excavation Permit No. PL20180000161. F. Petitioner shall design and implement a program to prevent and/or reduce populations of noxious/exotic plant populations within the lake(s), specifically, but not limited to, preventing growth of hydrilla (Hydrilla verticillate),water hyacinth (Elchhornia crassipes), and to a (lesser degree)cattails(Typha latifolis);_ -' . . - . •- and approval of NRMD. G. Where applicable, due to development, components of plant communities will be Examples of plant species appropriate for transplant would include sabal palms (Sabal palmetto), and butterfly orchids (Encyclia tampensis). H. Due to the concern of the use/generation of hazardous substances, all businesses proposed for the parcel must be subject to the review and approval of NRMD. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 34 +G. The 0.82-acres of retained or recreated native vegetation for City Gate Commerce Park- Phase One, shall be completed by Citygate Development, LLC prior to the next SDP application issuance within Phase One for the remaining undeveloped Phase One lots. Phase One retained or recreated native vegetation has been approved under ICP- PL20180002853. H. Lot 1 of City Gate Commerce Park- Phase Two Replat (PB 50- PG 24), also known as the SFWMD Big Cypress Field Station or formerly known as Lots 5 and 6—Phase Two,includes 0.42-acres of retained vegetation. This is included in the overall retained vegetation calculations shown within this document in Exhibit A-6, Pages 25-28. The Phase Two requirement equals 5.15-acres minus 0.42-acres, which equals 4.73-acres (remaining Phase Two required retained vegetation). I. SPORTS COMPLEX EXTENSION Protected plant species were observed during the listed species survey. Prior to site clearing a survey for protected plants shall be conducted. Listed plants that can be safely reached (8-feet or less in height)shall be collected from clearing areas and relocated into onsite preserves. Protected animal species observed on the property included one Big Cypress fox squirrel (BCFS). No BCFS nests were observed on the property. Prior to clearing activities, a BCFS survey will be conducted to search for BCFS and BCFS nests. If any nest structures are observed,the appropriate permitting with FWC will be completed prior to their removal. A Wildlife Habitat Management Plan, in accordance with U.S. Fish & Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWC) guidelines and recommendations, for all listed species on-site will be submitted at the time of first development order. City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted P U D R-P L20190001494 March 16,2020 35 SECTION V TRAFFIC AND ENGINEERING REQUIREMENTS 5.1. PURPOSE The purpose of the Section is to set forth the traffic improvements requirements which the project developer must undertake as an integral part of the project development. 5.2. GENERAL Specific transportation conditions are found in the Developer Agreement by and between City Gate Successor and Collier County (December 1, 2009, recorded in OR Book 4517, Page 640 et seq.) and the Amendment to the Developer Agreement (June 23, 2015, recorded in OR Book 5198 Page 3989 et seq.) 5.3. DEVELOPER REQUIREMENTS A. Access to this site from CR 951 may present design problems due to the limited distance between Golden Gate Canal and the limited access right-of-way for 1-75. Access drives onto CR951 shall be limited to the existing one which aligns with the water treatment plant access drive and one additional which may be located north of the existing access drive. B. The driveway to the water treatment plant shall be widened to a minimum of 24 feet if it is utilized as an access to the adjacent tracts. C. The close spacing of the CR 951/landfill access road intersection and the landfill access road/water plant entry drive intersection will cause traffic control problems as traffic volumes through the two intersections increase. In order to avoid unnecessary aggravation of those problems by traffic movements into and out of the commercial sites which are closest to the intersections, special attention shall be given to the location of the entry/exist drives when site development plan applications for sites abutting the City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 36 water plant access drive and the landfill access road are being reviewed. It shall be understood that the number of access points will be limited in number. D. Appropriate left and right turn lanes shall be provided on CR 951 and the landfill access road at all project accesses. Street lighting shall be provided at major access points per County requirements. E. Traffic signals shall be installed at CR951 access points when deemed warranted by the County Engineer. The signals shall be owned, operated, and maintained by the County. The City Gate project shall pay a fair share portion of the signal installation costs. F. The above improvements are considered "site related" as defined by Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. G. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. H. An excavation Permit will be required for the proposed lake in accordance with Collier County Ordinance No.80-26,as amended by Ordinance No.83-3,and as may be amended in the future. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 37 SECTION VI UTILITIES REQUIREMENTS 6.1. PURPOSE The purpose of this Section is to set forth the potable water, irrigation water, and sewer utilities requirements which the project developer is committed to meet. 6.2. DEVELOPER REQUIREMENTS A. Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be maintained by the Developer,the assigns or successors. Upon completion of construction of the water and sewer facilities within the project,the facilities will be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, county owned or privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted PUDR-PL20190001494 March 16,2020 38 B. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. C. Data required under County Ordinance No. 80-112 showing the availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DEP permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. D. Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for this project. The reports shall list all design assumptions, demand rates and other factors pertinent to the system under the consideration. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 39 44-41/-14 EXHIBIT A-1 (PAGES 1-13) City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 40 Y Z Qu 1- a • w w Z iLJ• U0w MOLL 03s0d06a 101.117, o U 1—> LI w o / g4 . z 0 w w i w-. w o LO W o 1 U d e O N 1 w 5, 1 w x c. m 0 U r-: 8 41111111, N 1 NY LV (p co O w w g 0 owo g a LON2 rw% w o0_1 , a r 2 WI 3 w �� u r w 0 O a U + oL 0 0 u cx w w =5_, U U Q ct Q Ko w z U, 1 V Z w = Z U S W 3 r (3 E 2 • ) 3A1/10 NVNN32:18 / yLjjjjjj%j%7/:77?i7?r7%/�/,///,%/% %%/,%7rj%/ ///iii U /%%% ///i /� w3r,3s%3 i /C�ii%/i:ii;ii ; %,/' �LLy ¢ 22 a // " " O ,/ OUo F6m N. pw / 11 rl n o ,. u�y s/// rO�„,r o. 1 Ful /// /r ul ul %/ o¢w 6-L i / ri '6iliil aun- noe ! dFP / r o_ a %/, z p > p, / d 1O /7/ I �- Z I , • — e 1111 • � �_ _ __ __ _____ _OaVn3lf10B 0.11_1!:_)?:-":"2.:=_T,r. — I.S6 11'0 at i OaVn3lf100 x311100._aa // - _ r -__ __ C:157:: ,I ,II, Q'.a, \ r, ii Ods 41 0 Z w HOD CeLLg wa F.M d Q O z�� z0 w 002 CL oUpw fn > O W fn w W Z N z OW WQ U L IXp:D Lc) w• . wU,n Q �, ggoI 0 Er,W Fg QW._ w20 W UDQ ,w ,> o a . m� 0 p N w < hI 1 g 2 wU (0W W 111 d w $ < a wo <w b ZOao2 I 0o. w 2 N 7y sow/ f d a 0 zzgW p U H S 1 U U 9 p I .N ryU 2 N WK 1 s t p UJ w w J SNI r 8 ' Or s 5 N U w� < 1- U K OU j!fl m w w 1- A b D S 0 2yz 0 ,q c0i z�0 pz K' SFm p o �,, ce9 re R p N t2R add >,� b� HWp Z On ,----h p Wa N Q F i�uwi Ct c. 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PRESERVE PROVIDED: , I I 11 s 1 jI {' 13.65 ACRES 1 SPORTS COMPLEX I 1 I 1 EXTENSION I I I 1 1 - SPORTS COMPLEX EXTENSION 1 I j PRESERVE PROVIDED ••l I I o 1 I PRESERVE AREA ACRES SPORTS COMPLEX I p I I n.. 1 EXTENSION PRESERVE I N 1 AREA#1 4.37 II I ,-, - I O o 1 l I AREA#2 9.28 77 1 POTENTIAL a I I411111414444 I TOTAL 13.65 "J 1 ACCESS 1 1 POINTS '.'I 1 I W W W W W I I j PRESERVE CALCULATION COLLIER - W • . . . jI I COUNTY305 PRESERVE REQUIRED: I 15% OF EXISTING NATIVE VEGETATION W W W W W W W I I I W *© * * W W "COLLIER COUNTY 305" I I 0.15* 129.46= 19.42 ACRES tABUTTING COLLIER COUNTY I I I I W W W W W W OWNED PROPERTY I :� r. W W � 1 \ PRESERVE PROVIDED: \ I SPORTS COMPLEX /�� .VA 19.42 ACRES i W W W W W W W EXTENSION PRESERVE W W W W W W // /' \ \ I r W W W W W /\/ / \ \ W W W W W W W W W W W / //\_. / \ ./ \ \ I "COLLIER COUNTY 305"ABUTTING // `� PROPOSED \ \ COLLIER COUNTY OWNED PROPERTY rW ' W W W " W " / // CANAL I I. I PROPOSED PRESERVE PROVIDED 'TDIVERSION , WWW© WWW� /I 7 I I I W W W W I j j1 A PRESERVE AREA ACRES CC 305 PRESERVE \ . W . W W I * WW W W W PRESERVE I j I \ I AREA#3 19.42 W .. . W W W WWWWWWWWW II I \\ \. TOTAL 19.42 1131 131 WWW WWWWW . Il 0 1 1 0 I - W W W W W11 N j 1 = 1 . W W Oa. 1 ° I I NOTE: PRESERVE AREAS ARE •'------•__ I I E I I a I i CONCEPTUALLY SHOWN AND WILL BE — —1_4._.L II 1 DETERMINED AT THE TIME OF SDP _ -- _._J._iI PERMITTING ., * NOTE: SEE DEVIATION#25 y; 0 150 300 600 I I NOTE: PRESERVES MAY BE USED TO SATISFY THE REVISIONS SCALE IN FEET LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC 1. REV.PER CC RAI COMMENTS-12/09/2019 VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4.06.05 E.1. 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Q O Q Ow - J 0 J w r H U ri d w Ln Q w o0 2 W• U 2 U 2 O - 2 U m J 0 LL 0 2 a 0 Fi) Q om w O H Q r LU LL Lu w vi H H u 2 2 w iVi, U (-9 O Q a O Q cc X Z w N X D 0 a H l7 O LU Q w J W -J 1 J = H N LL V2, 0 I- V) O v) 2 w U w 0 w 0 O v 0 J H H w w 0 Z Z 2 Cl. 0 Z CC VI 0 N Z Q w • of J 2 LI, LL Q H LL H 0 Z w e--1 J ZO m Z d H rsi w H Q H LL w C7 m < Q Q H Q Q " O J w LU Z N U O w w v) 2 2 U O a 0 —' LU w J cr 2 LL 2 Cl H v) w 2 w = 2 H cc LU a O w 2 O a w N - Ln Z O w X 0 Y F. = Cr Z Y 2 3 0 0 C7 0 C7 c'8"0vog O a 2 w w w J I— X Z w Q LL U O U 2 v, N -g"-SA(-2. = 2 H 5 J c, 2 w = H J V7 v) Z 0 2 J m 0 Q Z Q N N cv 5�. g Q O 2 v, Z = ° w H v > Q 2 Z Z > Z O F a0.3aZ Q LL w 0 4* U H 2 Q w N• 0 a w 0 w 0 w z W Z a = 0 > Ow 0 _O • 0 w l7 u w J 0 U O U ut = w Q Q 2 0 5 r G LU Q < 0 Lwi, z z tc a H a Lei, �0' O Q0H 2 > w O O > :) L) 0 - L a 0 2 0 O Ow N g -a CO v a N o C Cf o 0 cc HH ? is a u -co 51 J {L° (0 o r 47 22 C r y M Z 7 aog ww wCC s C 0 w2 00 �d° d J W W UZ ,-I a2 O a O U F- Z aZ - SK o w u p Q w Z W a Z v < > F- 2a w rc 0I >m O w 2 a LL zw wm- c } W w a F- O y w = QwK Z U J Z W i-I cnOap < , zOw2 ,O Cn O a ~ 0¢ Z - O LLI 9 x U a (7 N FW- z 2 a ~ w p m U Q U co 2 c U a p W J G < Vl aLL L) 0 O ui a J ❑ 0 w w a Z F- w 0 Z 2 r a a a Z w J U a a O z w > w O 2 O U Z W O 1- J Ch.,- N ,_ OJ 2 LLI J Z LU a IS- w Z 0 a Q O z m Z 2 l7 O ❑w p p O- a Z H LL - 0 pw OO w U Lu w w Z J O H 0 J o O m 2 J U a I- O w a C7 cn O a V1 a O Z p ❑ U O O CL < 0 ILL- w w O 0 F- w N w N w N w a O O I J Z O a Z m w 0 w Z N 2 N cm I- w a cn 0 Z F- Z Z 2 v) Z Z C7 J 2 2 I2- FN-- O Q 2 Z S W 0 N it w = a U O w F- O _ V w 2 ut O a F- IT: a a > w a w ~ ZLIJ CCU- L11 S F- 2 Z Z u Z o ~ U 2 F-u 0 3 a O 4 (.7 o U J I- w 2 o w 2 w = p.< w < w a It 2 0 J O 3 p U v F- F- a ❑ a_ a a a a a c^ O ❑ a UJ a a vi I- a 0 N O tv J z 2 >- } Z aF- w z W w C7 w Z C7 a s a a J � ❑ J Z cn a > a ut N a w a cn p < cn O p Q 0 C E J W J a J 0 F- I-LI a 0 O z L a a n- m a U W 2 a W 0 w 0 O 0 0 0 7, x O F- O 0 al z w 2 U IL F- U w U 0 U p a m Z LU U 1- a 0 w LL Z w Z w U m 0 w I a Q o cc z m IZ � F- 0 < CC 0 ❑ O„ a w ❑ Z w > Q ❑ ❑ OO a 2 LU LU r ❑ w x _ t'Ll cn m Z Ll C7 '- W C7LT3 cc a W W p z p W -J F a J J O Z V1 a N m J a W (7 a a w Y O z0 2 ❑ 0 a z 2 a a >- w w w a 2 2 a a < w w 0 LL VI C7 w a 2 a H ❑ Cn Fw- w o Z Z a t a Z z W 7 ° a z 0 2 ' ❑ w 0 ut = Li- O N 0 z ILLI < N O = U- ❑ 0 a F_ z w V d ce H V) O 0 O F- a N F- O w Lr) a 0 F >- 0 3 6 D J J d U-a, = v) ❑ N - O w - W w w Z G E 0 o 2 a w w L F- O_ OJ , O O cz � O_ a. 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W .....• ja .0 y M 4' + G •m C> I ' ,--I i i N M C ?I m N N L., E E !V 0.o 0 c 0 a > 001 Vt J 1 CU CO 0 0 r-i up =I e1 ,-i ,� N N =I N N co I— N N m OA OA m C C Na U y CO• =1 a-1 a-I m CO lD 0• =I m r-1 ai1 Vt N m V1 I— 2 0 ei 0 C9 O 0 0 z e — ,-1 a--1 , a-1 . a — Tr LI) 01 CD N VI 4, O N O H wC ` M CY N N Lna-I C Cl! a-I-I 00 Q O '8 Q O -0 Q p 7 e 2 min_ D_ (0 Y U >_ co CL szF Ol E U a�-i W O u E o O y y i E O OO V r-iO N C O • O d o °J „ O H C7 = t 4-, i a _• > 0 LL 0 (41 y LL LL 4, co 0 u c u v 3 ° p u o_ y + co '5 U Ta y I) 4+ ,_ w a0+ BVI 0) ,mil •F, 0 W aJ CD ro 3 2 CC O I- W > LL - 56 Note: Table 12.B.3 applies only to the Existing City Gate Commerce Park MPUD. The Sports Complex Extension is not included. EXHIBIT A-2 (PAGE 3 OF 3) NOTES: (1) The hotel/motel designation contemplates full service facilities which incorporate overnight accommodations, restaurant and lounges, conference and business meeting facilities, recreation and other ancillary uses which are characteristic of large hotel/motel complexes. It is anticipated that initially developed motel facilities will be much more abbreviated than the full service facilities which will emerge during project buildout. (2)The restaurant/lounge category constitutes food and beverage service facilities which are independent of those which are incorporated in the hotel/motel complexes. It is estimated that this category will consist of two quality restaurants (order at table from menu), aggregating 16,000 square feet of floor area; and two fast turnover restaurant (cafeterias or food service at counter) aggregating 17,200 square feet of floor area. Three of the restaurants will be located on the western portion of the site where they will be accessible to both highway travelers an the large number of employees within the project. (3) Parking space and employment estimates were largely based on ITE standards and averages cited by Urban Land Institute publications. When definitive published parking and/or employee standards for a specific land use were not available, the estimates were based on published standards for the most similar uses. The estimated employees include those who normally spend all or most of the work day within the project, i.e. office workers, sales personnel industrial workers; employees who shuttle to and from their place of employment during the work day, i.e. delivery truck crews; and employees who seldom visit the project, i.e. manufacturer's field representatives. It is anticipated that many of the uses within the project will be served by common parking pools which increase the efficiency of the parking space utilization. The employees estimated for service station, hotel/motel, restaurant/lounge, and perhaps other uses will be spread over two and, in some cases, three shifts within a 24-hour period. (4) The aggregate of the following group of uses is "Industrial Development": 12.6.3. land use "rows": 1.) light manufacturing; processing; storage and distribution 1,520,000 sq. ft.; 2.) Research, testing, development 100,000 sq. ft.; 3.) Service and repair businesses 160,000 sq. ft.; 4.) Showrooms and sale centers 60,000 sq. ft. 5.) Publishing, reproduction, communications 80,000 sq.ft. The total Industrial Development is 1,920,000 square feet of industrial buildings. City Gate Commerce Park MPUD P U DR-P L20190001494 March 16,2020 57 Underline text is added; Struck through text is deleted EXHIBIT A-3 PERMITTED USES- SIC CODES WEST OF FP&L EASEMENT(SIC codes for permitted uses described in 3.2.A.1 and 3.2.A.4): A. Principal Uses: 1. Agricultural Services (SIC 0741, 0742 and 0752, except outside kenneling, and 0781) 2. Amusement and Recreation Services (SIC 7911 -7929 (indoor), 7991, 7993 (indoor), 7997 and 7999) 3. Apparel and Accessory Stores (SIC 5611-5699) 4. Automotive Dealers (SIC 5511-5531, 5551-5599) 5. Automotive Repair, Services, and Parking (SIC 7513-7515, 7532-7549) 6. Building Construction -General Contractors and Operative Builders (SIC 1521-1542) 7. Building Materials, Hardware, Garden Supply, and Mobile Home Dealers (SIC 5211-5251) 8. Business Services (SIC 7311-7381, except armored car and dog rental, and 7389-contractors' disbursement, directories-telephone, recording studios, swimming pool cleaning, and textile designers only, subject to parking and landscaping for retail use) 9. Communications (SIC 4813 — 4841 including communication towers up to specified heights, subject to LDC Section 5.05.09) 10. Depository Institutions (SIC 6011-6099) 11. Direct Selling Establishments (SIC 5963, limited to Ice Cream Wagons-retail and Lunch Wagons, mobile-retail only) 44.12. Eating and Drinking Places (SIC 5812 and 5813, excluding bottle clubs) 4-2,13. Education Plants and public schools, with an agreement with Collier County, as described in LDC section 5.05.14. 414. Educational Services (SIC 8221-8299) 4445. Engineering, Accounting, Research, Management, and Related Services (SIC 8711-8748) 416. Essential Services, subject to LDC Section 2.01.03. 4617. General Merchandise Stores (SIC 5331 and 5399) 17-18. Facilities with Fuel Pumps (5541) 48-19. Health Services (SIC 8011-8099) 420. Home Furniture, Furnishings, and Equipment Stores (SIC 5712-5736) 20.21. Hotels, Rooming Houses, Camps, and Other Lodging Places (SIC 7011, 7021 and 7041) 2-1,22. Insurance Agents, Brokers, And Service (SIC 6311-6399, 6411) 22,23.Justice, Public Order, And Safety(SIC 9222, 9224 and 9229) 2-3,24. Legal Services (SIC 8111) 2-4:25. Membership Organizations (SIC 8611, 8621, 8641, 8661 and 8699) 2-5-26. Miscellaneous Repair Services (SIC 7622-7641 and 7699) 2-6-27. Miscellaneous Retail (SIC 5912-5963, 5992-5999) City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 58 -7.28. Motion Picture Theaters (SIC 7832) X29. Motor Freight Transportation and Warehousing(SIC 4225, mini-and self-storage warehousing only) 2-9730. Museums and Art Galleries (SIC 8412) 30.31. Non-depository Credit Institutions (SIC 6111-6163) 31.32. Personal Services (SIC 7211,7212, 7215-7217, 7219-7299, except barber and beauty schools) 32 33. Public Administration (SIC 9111-9199, 9311, 9411-9451, 9511-9532, 9611-9661) 33-34. Real Estate (SIC 6512, 6531-6552) 34.35. Security and Commodity Brokers, Dealers, Exchanges, and Services (SIC 6211-6289) 336. Social Services (SIC 8322-8399, except homeless shelters and soup kitchens) 36.37.Taxicabs (SIC 4121) 338.Transportation Services (SIC 4724, 4725 and 4729) 38-39. United States Postal Service (SIC 4311, except major distribution centers) 35-40. Any other use which is comparable and/or compatible in nature with the foregoing list of permitted principal and accessory uses, and Section 3.2.A.1 of the PUD Document, shall be heard by the Board of Zoning Appeals (BZA). EAST OF THE FP&L EASEMENT(SIC codes for permitted uses described in 3.2.A.2 and 3.2.A.4): A. Permitted Uses 1. Agricultural Services (SIC 0742 and 0781) 2. Amusement and Recreation Services (SIC 7911—7941 (indoor, except stadiums may be outdoor), 7991, 7997 (indoor) and 7999 (indoor and outdoor, except shooting ranges shall be indoor only). 3. Apparel and Accessory Stores (SIC 5611—5699 with 15,000 square feet or less of gross floor area in the principal structure). 4. Apparel and other finished products (SIC 2311—2399). 5. Automotive Repair, Services, and Parking (SIC 7513—7549). 6. Building Construction -General Contractors and Operative Builders (SIC 1521—1542). 7. Building Materials, Hardware (SIC 5211-5251) These uses shall be associated with Wholesale Trade and retail shall not exceed an area greater than 33% of the gross floor area of the principal permitted use. 8. Business Services (SIC 7311—7389). 9. Chemicals and Allied Products (SIC 2841 and 2844). 10. Communications (SIC 4813 — 4841 including communication towers up to specified heights, subject to LDC Section 5.05.09). 11. Construction Special Trade Contractors (SIC 1711—1799). 12. Depository Institutions (SIC 6011—6099). 13. Direct Selling Establishments (SIC 5963, limited to Ice Cream Wagons-retail and Lunch Wagons, mobile-retail only) City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 59 43,14. Eating Places (SIC 5812) and Drinking Places (SIC 5813 establishment shall meet licensing requirements for liquor and shall only be integral to hotels or motels). 44.15. Education Plants and public schools, with an agreement with Collier County, as described in LDC section 5.05.14. 43,16. Educational Services (SIC 8211-8299). 4-617. Engineering, Accounting, Research, Management, and Related Services (SIC 8711-8748). 43,18. Essential Services, subject to LDC Section 2.01.03. 4.8-19. Fabricated Metal Products, Except Machinery and Transportation Equipment(SIC 3411-3479, 3491-3499). 4-9,20. Facilities with Fuel Pumps (SIC 5541 limited to one). 28-21. Food and Kindred Products (SIC 2022-2099). 24-22. Food Stores (SIC 5411-5499 with 12,500 square feet or less of gross floor area in the principal structure). 223. Fuel Oil Dealers (5983). 23,24. Furniture and Fixtures (SIC 2511-2599). 2425. General Merchandise Stores (SIC 5331 and 5399 all with 15,000 square feet or less of gross floor area in the principal structure). 25 26. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402. and ch. 58A-5 F.A.C. 2-6-27. Health Services (SIC 8011-8099 except drug addiction and alcoholism services/hospitals). 228. Heavy Construction (SIC 1611-1629). 23,29. Home Furniture, Furnishings, and Equipment Stores (SIC 5712-5736). These uses shall be associated with Wholesale Trade and retail shall not exceed an area greater than 33% of the gross floor area of the principal permitted use. 29-30. Hotels, Motels and Other Lodging Places (SIC 7011-7041.except Rooming Houses and Camps). 38-31. Industrial and Commercial Machinery and Computer Equipment (SIC 3511-3599). 84-32. Insurance Agents, Brokers, and Service(SIC 6411). 32-33. Insurance Carriers (SIC 6311-6399). 33.34. Leather and Leather Products (SIC 3131-3199). 84.35. Legal Services (SIC 8111). 3,5-36. Local and Suburban Transit and Interurban Highway Passenger Transportation (SIC 4111-4173) 36.37. Lumber and Wood Products (SIC 2426, 2431-2499). 3,7,38. Measuring,Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks (SIC 3812-3873). 38.39. Membership Organizations (SIC 8611-8631, 8641, 8651, 8699). 39.'10. Miscellaneous Manufacturing Industries (SIC 3911-3999). 49-:41. Miscellaneous Repair Services (SIC 7622-7699). Associated retail component shall not exceed an area greater than 33 percent of the gross floor area of the principal repair service/use. /11.12. Miscellaneous Retail (SIC 5912, 5941, 5945-5947, 5995 all with 25,000 square feet or less of gross floor area in the principal structure). City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted PUDR-PL20190001494 March 16,2020 60 42.43. Motion Picture Production (SIC 7812-7819). 43.44. Motor Freight Transportation and Warehousing (4212-4226 except oil and gas storage, and petroleum and chemical bulk stations). 49.15. Museums (SIC 8412 limited to not for profit organizations). 45.96. Non-depository Credit Institutions (SIC 6111-6163). 46:47. Outdoor storage yards, provided that the outdoor storage yard is located no closer than (50) fifty feet to any right-of-way tract, except for necessary ingress and egress pursuant to LDC Section 4.02.12. Outdoor storage yard(s) shall be completely enclosed. This provision shall not be construed to allow, as permitted or accessory use, wrecking yards,junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials,junk automotive vehicles, or secondhand automotive vehicle parts. 47.18. Personal Services (SIC 7211—7219, 7231—7251). 48-49. Printing, Publishing, and Allied Industries (SIC 2711-2796, except Paper Mills). 49-50. Real Estate (SIC 6512, 6531—6552). 50,51. Rubber and Miscellaneous Plastics Products (SIC 3021, 3052, 3053). 5-1,52. Security and Commodity Brokers, Dealers, Exchanges, and Services (SIC 6211—6289). 5253. Stone, Clay, Glass, and Concrete Products (SIC 3221, 3231, 3251—3273, 3275, 3281). 8-3-54.Textile Mill Products (SIC 2211—2221, 2241—2259, 2273—2289, 2297, 2298). 84.55.Transportation Equipment (SIC 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 55,56.Transportation Services (SIC 4724—4783,4789 except stockyards). 56.57. United States Postal Service (SIC 4311). 54-58.Wholesale Trade—Durable Goods (SIC 5012—5014, 5021-5049, 5063—5092 and 5094—5099, 5211-5251 and 5712-5736 for all, associated retail shall not exceed an area greater than 33% of the gross floor area of the permitted principal use). 58,59. Wholesale Trade — Non-Durable Goods (SIC 5111 — 5159, 5181, 5182, 5191 except that wholesale distribution of chemicals,fertilizers, insecticides,and pesticides must be a minimum of 500- feet from a residential zoning district, 5192—5199). 59,60. Any other use which is comparable and/or compatible in nature with the foregoing list of permitted principal and accessory uses,and with Section 3.2.A.2 of the PUD Document,shall be heard by the Board of Zoning Appeals (BZA). B. Conditional Uses 1. Wholesale trade-nondurable goods (SIC 5171, 5172). City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 61 EAST OF THE FP&L EASEMENT(Sports Complex Project-SIC codes for permitted uses described in 3.2.A.3): A. Permitted Uses 1. Amusement and Recreation Services, Field House/Event Center and Fields, (SIC 7941 indoor and outdoor). 2. Amusement and Recreation Services (SIC 7911—7941(indoor, except stadiums may be outdoor), 7991, 7997 (indoor) and 7999 (indoor and outdoor, except shooting ranges shall be indoor only). 3. Essential Services,subject to LDC Section 2.01.03 4. Direct Selling Establishments (SIC 5963, limited to Ice Cream Wagons-retail and Lunch Wagons, mobile-retail only) B. Accessory Uses and Structures 1. Amusement and Recreation Services, 7999 (indoor and outdoor). a. Amusement concessions b. Animal shows in circuses,fairs, and carnivals c. Archery ranges, operation of d. Baseball instruction schools e. Basketball instruction schools f. Billiard parlors g. Bingo parlors h. Boat rental, pleasure i. Bowling instruction j. Bridge clubs, non-membership k. Bridge instruction I. Carnival operation m. Day camps n. Exhibition operation o. Exposition operation p. Fishing piers and lakes, operation of q. Game parlors, except coin-operated r. Gymnastics instruction s. Handball courts, except membership clubs t. Ice skating rink operation u. Judo instruction v. Karate instruction w. Lifeguard service City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 62 x. Racquetball courts, except membership clubs y. Rental of bicycles z. Rental of rowboats and canoes aa. Roller skating rink operation bb. Schools and camps, sports instructional cc. Shooting galleries dd. Shooting ranges, operation of ee. Skating instruction, ice or roller ff. Sporting goods rental gg. Sports instructors, professional:golf, skiing, swimming, etc. hh. Swimming instruction H. Swimming pools, except membership jj. Tennis clubs, non-membership kk. Tennis courts, outdoor and indoor: operation of, non-membership II. Ticket sales offices for sporting events, contract mm. Yoga instruction 2. Bands, Orchestras, Actors, and Other Entertainers and Entertainment Groups (SIC 7929). • Limited to twenty(20)events, one(1) per weekend. Above twenty(20) requires a Temporary Use Permit. 3. Bowling Centers (SIC 7933). 4. Coin-Operated Amusement Devices (SIC 7993 indoor and outdoor). 5. Dance Studios, Schools, and Halls (SIC 7911). 6. Membership Sports and Recreation Clubs (SIC 7997 indoor and outdoor). 7. Physical Fitness Facilities (SIC 7991 indoor and outdoor). 8. Public Golf Courses (SIC 7992 indoor and outdoor). 9. Theatrical Producers (Except Motion Picture) and Miscellaneous Theatrical Services (SIC 7922). 3. Art, such as sculptures City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted PUDR-PL20190001494 March 16,2020 63 EXHIBIT A-4 (PAGE 1 OF 2) c.z o = I W H H U � U Q a � � LL � o N l- o Z O O ❑ W m W a iD vW) > (n • - N H W av < Haa OC7 z 2 W O w0 < wcnm Buz 0 W o d• d' W = O W O OU o W ❑ W I- 2 U Z W a W cc Z O 2 Q a O w c o a ° HZZJo> " U 2 o_ W O _ 0_ O LL o < w F- 2 w o LL w ❑ o 0 } zm ZU) mWJ� W ❑ cnJ > cn =WWZ 0 `j � a a0 DOD- W a 1 J z O o w ¢ z a W U W � ' a ❑ rnOCLHccO zOO o. ❑ O CC _ Z Z 5 H ti H d Luo 0 i i i O ..- Z (n 0 0 O 0 I— E. --- -- , EC w LL I ❑ Q m I 2 W- N a D EC H c CD a / I Zw z w M Wa OZ ' I I-- U- cn 00 aJ / I w/ m m =I I-1- 5, 0 U W I O a Ia. ? I ~i-Li 0 U 1 CC Lu L B I i c9 W ^� a y V ILI C, W dLI WW (wO W I w CO UH = a I W � ZH :, Zr' �- W ❑ o inO z I r ❑ ❑ I m I CO goo Zm Wm II z W a0 �y I , I- ❑ J Q c� .7c I- CON C.U.E. I 7 LL CC I�I o W Q Ll.l • v bw F>:(0 0 W 0 i LLI co I H = Z W z F (0 J M - U D_ I I 0_ W W W n jO - L.B. W a � i o COCL D o I m I ° m W J m N L) I O S S ZcnH -> 1 / L.B. 3 W I I LL W D ❑ I Hn (/*I I x VV F- O cu$ g o }CO❑ N,4,6oz Z W O O ALL'`o� Dory (n o Ua - aaa tz I . (n LU m w W J Si — IJ VI >. tt O- 64 EXHIBIT A-4 (PAGE 2 OF 2) ZS W1. N U Q m ov) WW Q W ~ 0_ w 2 m N v1ZW � mww z = LL coo = m O X O glrgQz Q W N aWaaa = z ❑ O• U m� o¢<Z0 � Q - W W mWQ '° • zw -io • 1— 0 O I- I-❑ wI > Qw W Q a Q J = UaoZILQ - J 0 (7 2 a QO1- X ❑ mdU (QiI- Z a 0>. Y E rbOZ F < OQoz wH Q , mO = n ° W Lf: Ua 2W7J 2ZmOIXE-OLUZO _ X N Q2Q JOdf- ❑ mQ N 2~ 2 `l V) o00OQ Q5Q (nci .-Qc o ai C] O E L N 2_ W • LL V LL mI I N = w / re < I c z O -J LL1 Q Cl- I I N J IZZ OW / a � ° U d ? / I m m m -, ti m O / Q m I m Em m 3 a I N) ceZ I I CL d J l I - - BUFFER 1 I i I I I- I I s .1 Z W� I W �++ W Lc O ci W Q ? m i m j m :r ul LU,X Z fw"—""--""----1 I ❑ ❑ co. I m a C7� W n I J Q _ ` Q m UJ 1 Z W O CUE. ❑LLL CC Lj—� IFS--7 c.> H JM � U a Ja SO - BUFFER W Q p m I w O �',% I N I m I ti m m ra I I M • BUFFER 7 I I I Oi. K LL I O LL (V � Owe I `r F- = J W °' a J Z Q �.-- ---- m m J Z O W V c I- Q I- ❑ = C7 0, o QJO (n ❑ �gi86F D r W tiA864 5 O U-IZ ❑U O O mLLm°" C.),Ba jw= 0 < Q a LL.F� 0 0 CO 13. • ❑ = N - LeZ IZ' Z V)W CO w W J LL JZ;;Q o �1J a Wa=} I J N.v Q Q 2 N N a /A 65 EXHIBIT A-5 (PAGE 1 OF 2) c Y N a Q O F w w w x UC7 iii o w a CO I I U 2 0 Z I o D a O H I =a wm> w' Z 0 w Z 1 W 0 E . x U I c co 6- Z 0 ! 0 S0 O< I . I ?a 13 — ;1 F : MoI c g .i 0 O p - NVNN31J r �u /L_ I /e -cWA3-no 3NV13 A.__ I� 7 �/ ,./ l / --,-------1 u e t. + ---- - -- ------- --- -- ---------- Th I a. ()u 1'_ • LLI-x `o p n zZ0 NxOZ ,z^,'y,gUscc wF W0r NOer_g. UT �> I m0> ¢NLLo: c'o ¢N =aZ 00 �K0 v Saljaz ,u_ Z�Q . �, 0 Z Eo W 0 S N -S Z X W W~0 W0 4)3r Wz W a W Z> o CO W IX-W 9" acro 0 u. 12:51 w 66 EXHIBIT A-5 (PAGE 2 OF 2) CO o O Z Z N - O O rn a to0)F- 0 Z' ¢ wOLLOOw Z a N OFp(Z 2 W a F a - wn. Z- OV 2v)w�U Q 2 g U W m d I Z a i w d H J a O w � LLQ., .v) rt N INI.J -(5. y 5 O OU o: I N N I 0 ' E -...t a r c Xa ',":"1 W CL ,—, ‘,.., Z -- LLJ CL Z n Q C� J W U 0 � U X � � � w COQ o —T W 0Q O n.. c: or Q 1 U Z z z I a 3' a I_ `' o 4, gg P �LLc 31ZN rw 0. w w 0� w ;'coz �>N WIE ' N: 1I a N,, 46 0 0' °' Z o - QZ o wr V a i i N 67 EXHIBIT A-6 (PAGE 1 OF 29) CITY GATE "REQUIRED YARD" PLAN I. OBJECTIVE, PURPOSE, LOCATION AND AMOUNT OF NATIVE VEGETATION RETENTION: 1. OBJECTIVE: To provide a procedure by which the vested rights determination for the CITY GATE DRI may be implemented with respect to the location and amount of native vegetation preservation/retention, applicable setbacks and buffers thereto, and all other regulations relating to native vegetation to be preserved on the DRI Property. 2. PURPOSE: The purpose of this Plan is to accomplish the retention of Native Vegetation within the Required Yards in a manner consistent with the CITY GATE Development Orders; to maintain property and aesthetic values within the CITY GATE project;to promote the survival of Native Vegetation in Required Yards and to promote supplemental planting of Native Vegetation within the Required Yards. This document is intended to be the sole source of the standards and procedures by which development permit submittals will be processed and approved by Collier County. 3. LOCATION OF NATIVE VEGETATION PRESERVATION / RETENTION: The preservation and retention of Native Vegetation shall be in Required Yards or Open Spaces as defined below. Such preservation and retention shall be on lots and in a manner consistent with the CITY GATE Development Orders. 4. GOAL AMOUNT OF NATIVE VEGETATION PRESERVED OR RETAINED IN REQUIRED YARDS: The goal amount of Native Vegetation to be preserved in Required Yards in Phase Two is 5.15 acres (6.84 acres, the agreed amount of 15%of the existing Native Vegetation in Phase Two, less a credit of 1.69 acres as provided VII(A)(2)below). The goal amount of Native Vegetation to be preserved in Required Yards in Phase Three is 24.59 acres (26.02 acres, the agreed amount of 15% of the existing Native Vegetation in Phase Three, less a credit of 1.43 acres as provided VII (A)(2) below). II. DEFINITIONS: CITY GATE DEVELOPMENT ORDERS shall mean the development orders approved by Collier County for CITY GATE as follows: On December 13, 1988 the Board of County Commissioners of Collier County adopted Development of Regional Impact Development Order 88-2 authorizing the development of the property subject to the terms and conditions of that Development Order. At the same time as the adoption of Development Order 88-2, the Board of County Commissioners adopted Ordinance 88-93,which rezoned the DRI Property from"A"- Agriculture to"PUD"-Planned Unit Development known as CITY GATE COMMERCE PARK (the "PUD"). The PUD was amended by Ordinance #2010-42, adopted on November 9, 2010. The PUD was again amended by Ordinance #2018-13, adopted on March 27, 2018. The PUD was again amended by Ordinance , adopted on . The Development Order has been amended by Development Order Amendment 90-4 (adopted August 28, 1990), Development Order Amendment 95-2 (adopted February 21, 1995), Development Order City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 68 EXHIBIT A-6 (PAGE 2 OF 29) Amendment 2000-02 (adopted May 23, 2000), and Development Order Amendment 2010-01 (adopted November 9,2010).The Development Order has been again amended by Development Order Amendment 18-01 (adopted March 27, 2018). The Development Order has been again amended by Ordinance , adopted on . EXOTIC & NUISANCE VEGETATION shall mean all Category I Invasive exotics, as listed by the Florida Exotic Plant Pest Council that are altering native plant communities by displacing native species, changing community structures or ecological functions,or hybridizing with natives. Exotics shall include, but are not limited to, all specifically listed exotics in Collier County LDC, Section 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation. Nuisance vegetation shall include, but is not limited to, native vegetation that is locally invasive and which a qualified biologist deems inconsistent with the management objectives of the Required Yards. For example, Caesar's Weed (Urena lobata) and Grapevine (Muscadine rotundifolia). LAKE/RECREATIONAL AREA does not have a yard requirement. Within the Lake / Recreational Area, at least one (1) acre will be replanted or retained native vegetation, which shall be credited toward this Required Yard's native vegetation retention/preservation goal/requirement. Lots abutting the Lake and Recreational Tract (Tract RL) shall have the option to eliminate the rear or a portion of the rear Required Yard along the shared property boundary with Tract RL, provided that the total required native vegetation is met by expanding the remaining Required Yards within the lot seeking reduction along the lake bank. LOT shall mean (i) a single area or parcel of land established by plat or(ii)two or more contiguous areas or parcels of land established by plat owned by the same person or entity that are jointly submitted for an Site Development Plan. NATIVE VEGETATION shall mean native southern Floridian species, as determined by accepted valid scientific references identified in the Collier County Land Development Code. YARDS shall mean a front yard of 50 feet; a rear yard of 50 feet; and a side yard of 25 feet of a Lot (ORDINANCE 88-93, Section III, 3.3.C; See also; DO 90-4, Section One, 4, d.5). As it relates to the Sports Complex Lot property,the Yard(adjacent to White Lake Planned Unit Development) shall be (50) fifty-feet (ORDINANCE 2018-13, Section 3.3 C.) REQUIRED YARD means the Yards, less 20% for pedestrian pathways, sidewalks, decks, boardwalks,vehicular drives.,and parking spaces. This(20%) area will be identified in a Site Development Plan submittal. (ORDINANCE 88-93, Section III, 3.3.C; See also; DO 90-4, Section One, 4, d.5). City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 69 MINIMUM ON SITE NATURAL AND /OR INSTALLED LANDSCAPE AREAS: For lots east of F.P.&L. easement the minimum of on site natural and/or installed Landscaped Areas will be 30% of gross site area The term "Landscape Area" is construed to include fountains, pools, ponds, and other water features, walks, terraces, courtyards and other pedestrian spaces when such non-botanical features, do not exceed 15% of the total required minimum on site natural and/or installed Landscaped Area. (ORDINANCE 88-93, Section III, 3.3.C) There is no required minimum of on site natural and/or installed Landscaped Area for the FPL easement. When a Lot includes the FPL easement, that portion encumbered by the FPL easement is not included in the calculation of the gross site area used to determine the minimum of on site natural and/or installed Landscaped Areas for that Lot. PLAT SUBDIVISION IMPROVEMENTS: Improvements (e.g. water and sewer facilities, storm drainage, street lighting, perimeter berm, etc.) associated with a plat and required by Collier County Ordinances and Resolutions ("Land Development Regulations"). PHASE TWO: means the phase of CITY GATE DRI for which construction plans and a plat submittal has been approved and recorded in Plat Book 49, Pages 97-100 inclusive of the Public Records of Collier County Florida. As used in this Plan,Phase Two does not and is not intended to mean or include the remaining acres of the CITY GATE DRI. PHASE THREE:_means the phase of CITY GATE depicted as Phase Three on Exhibit A-6, Pages 25 2826-29 of 2829 of this document and for which construction plans and plat submittals have been approved and recorded in Plat Book 63, Pages 84-90 and Plat Book 65 Pages 95-97, and for which construction plans and a plat will be approved and recorded in inclusive of the Public Records of Collier County Florida. "SPLIT"PERIMETER LANDSCAPE BUFFER: means the landscape buffer along the north property line east of the FPL easement, as set forth in the updated diagram attached hereto as Exhibit"A", which is also Exhibit A-4 to the PUD. SPORTS COMPLEX PROJECT: means the area defined in the PUD and the Master Development Plan Exhibit A-1 as the Sports Complex 1Lot, the Sports Complex Extension and any abutting lot within the PUD, which is owned or leased by Collier County as a unified plan of development. In the event that the Sports Complex Project Lot is jointly planned with a portion of the contiguous County owned property, along the eastern boundary, the following location of the native vegetation alternatives or combinations thereof shall apply: A. Within the Required Yards of the Sports Complex deject Lot in the PUD; B. Within an open space area(s),on the Sports Complex Project in the PUD,with 100% native vegetation with all three strata; and C. Within other areas on the Sports Complex Project, parcels in the PUD that are not perimeter yards may be used to meet the native vegetation retention acreage requirement for the PUD. These areas shall not be occupied by buildings, impervious areas, streets, or driveways and will consist of 100%retained and/or replanted native vegetation. These areas shall meet the minimum widths (25-feet) of Yards and a minimum contiguous area of 1,250 square feet. City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted PUDR-PL20190001494 March 16,2020 70 EXHIBIT A-6 (PAGE 4 OF 29) D. Up to 50%of the required native vegetation for the Sports Complex Project Lot may be retained on the abutting County owned property, utilized for the expansion of the Sports Complex within a unified site development plan, in accordance with the PUD deviation found in Section II —Paragraph 2.7—Deviation #21. E. Passive Recreational Uses: Passive uses are allowed within Yards as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. Passive uses are specified in LDC section"Allowable uses within County required preserves". III. PLAT SUBMITTAL AND CONSTRUCTION OF SUBDIVISION IMPROVEMENTS: 1. AERIALS & MAPS: Plat submittals must include: A. An aerial identifying Native Trees within the yards of the Lots proposed in Plat submittal; B. A map identifying the species and location of Native Trees in the Yards of the lots proposed in the Plat submittal. This Map shall be based on the characteristics of the Florida Land Use, Covers and Forms Classifications System (FLUCFCS) code. C. Within sixty days of the issuance of a clearing permit for the right of way to be platted; the aerial and map mentioned above will be ground truthed and a revised ("ground truthed") aerial and FLUCFCS map must be submitted. The FLUCFCS Map shall delineate the Native Tree species as well as the percentage utilized within an area. 2. PROTECTION DURING PLAT SUBDIVISION IMPROVEMENTS: During construction of plat subdivision improvements,all reasonable steps necessary to prevent the destruction or damaging of Native Vegetation within a Required Yard shall be taken, including the installation of protective barriers. Native Vegetation within Required Yards that is destroyed or receives major damage must be replaced with Native Vegetation in accordance with the Replacement Standards as set forth herein, before occupancy or use of that Lot or Lot(s), unless approval for their removal has been granted under permit. A. During construction, no excess soil, additional fill, equipment, liquids, or construction debris shall be placed within a Yard, except necessary for the installation of utilities. B. No soil is to be removed from within the drip line of any vegetation that is to remain in its original location, except as necessary for the installation of utilities in the Required Yard. C. Required Yards, less portions designated on the plat for the installation of utilities, shall be protected during land alteration and construction activities by placing a barrier around the perimeter of the Right of Way along the area of vegetation to be retained and on either side of any drainage easements outside of the Right of Way. This barrier shall be highly visible and constructed of wood stakes set a maximum of ten (10) feet apart, at a height range of two (2) to four (4) feet, all City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 71 EXHIBIT A-6 (PAGE 5 OF 29) covered continuously with an all-weather mesh material or equal type barrier method. D. Protective barriers shall be installed and maintained for the period of time beginning with the commencement of subdivision improvements and ending with substantial completion of the subdivision improvements of that plat. E. All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, Division of Forestry, State of Florida or other methods approved by the County Manager or designee.Temporary Signage shall be placed around the Front Yard areas to identify and protect the Required Yard during construction. The signs shall be limited to a maximum height of four feet and a maximum size of two square feet. One sign will be placed in the front yard of each Lot. 3. NATIVE VEGETATION TO BE PRESERVED DURING INSTALLATION OF PLAT SUBDIVISION IMPROVEMENTS: A. Native Vegetation, located within Yards, will be preserved unless it is necessary to remove such vegetation: i. to provide ingress and egress to the Lot; or ii. when grade changes, surface water drainage or utility installations will damage or destroy the vegetation. IV. SITE DEVELOPMENT PLAN SUBMITTAL AND CONSTRUCTION OF BUILDING/SITE IMPROVEMENTS: 1. SITE DEVELOPMENT PLAN SUBMITTAL: Each Site Development Plan submittal must contain: A. An aerial identifying Native Trees within the Required Yards. B. A Map identifying the species and location of Native Trees in the Front Yards. This Map shall be based on the characteristics of the Florida Land Use, Covers and Forms Classifications System (FLUCFCS) code. The Map shall delineate the Native Tree species as well as the percentage utilized within an area. This map shall also identify the location of golden polypody ferns and butterfly orchids, if any, on the property submitted in the SDP. Golden polypody ferns and butterfly orchids shall be relocated to an appropriate place within the Required Yard. If no appropriate place can be found within the required yard,the golden polypody ferns and butterfly orchids may be relocated to the Lake/Recreational Parcel and/or existing Required Yards. 2. WHAT MUST BE RETAINED IN REQUIRED YARDS: A. Native Vegetation, located within Required Yards, will be conserved unless it is necessary to remove such vegetation: 1. to provide ingress and egress to the Lot; or 2. when grade changes, surface water drainage or utility installations will damage or destroy the vegetation; or 3. when the permitted use of 20% of the yard for pedestrian pathways/sidewalks, decks, boardwalks, vehicular drives,.and parking spaces will damage or destroy the vegetation. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PU DR-PL20190001494 March 16,2020 72 EXHIBIT A-6 (PAGE 6 OF 29) B. Phase Two/Three Blend: In the instance where lots from Phase Two and Three are replatted together for future development,the native vegetation requirement for those combined lots shall be provided based on the location of each property within Exhibit "H", but in no case will the total be less than 29.74 acres (Phase Two and Phase Three). C. The minimum native vegetation for Phase One is (0.82 acres), which is also shown on Exhibit A-6, page 25 of 2g 26 of 29. The Phase One Native Vegetation has been approved with ICP-PL20180002853. 3. PROTECTION DURING SITE DEVELOPMENT / CONSTRUCTION: During construction, all reasonable steps necessary to prevent the destruction or damaging of Native Vegetation shall be taken, including the installation of protective barriers.Native Vegetation within Required Yards that is destroyed or receives major damage must be replaced by Native Vegetation in accordance with the Replacement Standards as set forth herein,before occupancy or use,unless approval for their removal has been granted under permit. A. During construction, no excess soil, additional fill, equipment, liquids, or construction debris shall be placed within the Required Yard, except necessary for the installation of utilities and additional supplemental native vegetation within the Required Yard. B. No attachments or wires,other than those of a protective or nondamaging nature, shall be attached to any vegetation within a Required Yard during construction. C. No soil is to be removed from within the drip line of any vegetation that is to remain in its original location, except necessary for the installation of utilities in the Required Yard. D. Required Yards, not already disturbed at the time of SDP, shall be protected during land alteration and construction activities by placing a continuous barrier around the perimeter of the area of vegetation to be retained. This barrier shall be highly visible and constructed of wood stakes set a maximum of ten (10)feet apart, at a height range of two (2) to four(4) feet, all covered continuously with an all-weather mesh material or equal type barrier method. E. Protective barriers shall be installed and maintained for the period of time beginning with the commencement of building operations on a site, and ending with the completion of that construction work on the site. All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, Division of Forestry, State of Florida or other methods approved by the County Manager or designee. Temporary Signage shall be placed around the Required Yard areas to identify and protect the Required Yard during construction. The signs shall be limited to a maximum height of four feet and a maximum size of two square feet. One sign will be placed in the front yard, in the rear yard, and in each side yard. There shall also be a sign on both sides of the access through the front yard. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 73 EXHIBIT A-6 (PAGE 7 OF 29) V. REPLACEMENT STANDARDS: If Native Vegetation required to be preserved within a Required Yard is damaged or destroyed during site development,building or maintenance, the Native Vegetation lost must be replaced in accordance with the following standards: A. Minimum replacement planting standards: 1. The replacement of Native Trees must be with Replacement Trees that are of sufficient size and quantity to replace the DBH inches removed. 2.. Each replacement tree shall be Florida grade No. 1 or better as graded by the Florida Department of Agriculture and Consumer Service. 3. All replacement trees shall be nursery grown, containerized and be a minimum of 10 feet in height. 4. Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than three years. 5. Control of invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code) shall be as provided in the Exotic Vegetation Removal Plan attached herewith as Exhibit"B". B. The quantity and identification of the species of Native Trees that were removed from a Required Yard will be presumed to be as those identified on the Aerials and Maps provided at the time of Plat, provided conditions within the Required Yard have not changed. If conditions within a Required Yard change so that the condition of the existing Native Trees deteriorates, the type of replacement Native Trees may be change to Native Trees more suitable to the changed condition as determined by a qualified biologist. C. Location of Planting Replacement Vegetation: 1. Each replacement tree will be replanted in the portion of the Required Yard in which the Native Tree was seriously damaged or destroyed. 2. Notwithstanding the foregoing, replacement trees shall not be planted in utility easements. Native Trees that were seriously damaged or destroyed in platted utility easements must be replaced outside of the easement. 3. Replacement locations for Native Trees removed from utility easements in Required Yards shall be selected in the following manner, in descending order of priority: a. A location in the immediately vicinity to the native tree's original location, if practical; b. Elsewhere in the Required Yard, if a suitable planting location exists that meets the minimum required distances from existing Canopy Trees; or c. Elsewhere on the Lot. D. The understory and groundcover vegetation shall be replaced to the area from which Native Trees were seriously damaged or destroyed, including easements. The selection of plants shall be based on the characteristics of the Florida Land Use, Covers and Forms Classifications System(FLUCFCS)code. The exact number and type of species required will be based on the Replacement Plan attached hereto as Exhibit"C". E. The timing of installation of replacement plantings will be any time prior to the issuance of a certificate of occupancy or a certificate of completion. City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 74 EXHIBIT A-6 (PAGE 8 OF 29) VI.REQUIRED YARD USES, SETBACKS AND MAINTENANCE: A. ALLOWABLE USES WITHIN REQUIRED YARD AREAS. 1. Storm Water Management shall be permitted in Required Yards, provided that a sedimentation catch basin, or equivalent pretreatment system, is employed at all discharge points of storm water into Required Yards; 2. Utility Easements are permitted in Required Yards; 3. Fences and walls are permitted along the perimeter of any Required Yard area; 4.. Signs, identifying the business/tenant(s), are permitted in Front Required Yards but must be proximate to entries drives and, if possible and practical, located in a utility easement; 5. Benches are permitted in the Required Yard;and 6. Per the recorded DCA (O.R. Book(s), 4517 & 5168, Pages,640 & 3989), the provision and or construction of right turns lanes will not result in the loss of any developable area on lots affected. The setback/yard shall be measured from the adjacent property line to any right-of-way and not the right-of-way easement required for each turn lane. The required percentage of the required yard for each affected lot shall not change as noted above:; and 7. Passive Recreational Uses: Passive uses are allowed within Yards as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. Passive uses are specified in LDC section "Allowable uses within County required preserves". B. REQUIRED SETBACKS TO REQUIRED YARDS. 1. All principal structures shall have no setback from the boundary of any Required Yard. 2. Parking lots and site alterations associated with parking lots shall have no setback from Required Yards. (DO 88-93, Section III, 3.3.C) C. GENERAL MAINTENANCE. 1. Trees, including sabal palm, may be pruned of dead or dying branches\fronds. 2. Native vegetation adjacent to a boundary of the Required Yard may be pruned to prevent its growth into and/or over parking areas or buildings. If a tree within 10' of a boundary of the Required Yard continually requires pruning to prevent its growth into and/or over parking areas or buildings, it may be replaced with another native tree species that is more compatible with the proximity of parking area or building. 3. All required yards shall be kept free of refuse, debris, and exotic or nuisance vegetation. 4. Due to the history of wildfires in the project area, trees may be pruned/trimmed and understory may be thinned to prevent the spread of wildfires. D. PROTECTIVE COVENANTS. The Maintenance Responsibility of all Required Yards shall be the Master Property Owners' Association or a Community Development District. Said Association or District shall have the authority to enforce violations, by City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PU DR-PL20190001494 March 16,2020 75 EXHIBIT A-6 (PAGE 9 OF 29) lien and/or tax assessment, and to secure compliance of this Plan, more specifically but not limited to the requirement to replace damaged or destroyed Native Vegetation within a Required Yard with Native Vegetation as set forth in the Replacement Standards. Further, the Association or District shall have the authority and responsibility to install replacement Native Vegetation on a Required Yard for violations of this Plan. The Association or District as well as the owner shall be responsible for the continued maintenance and upkeep of all replaced native vegetation so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between six and 12 months after installation. The Association or District shall be responsible for ongoing maintenance to prohibit the establishment of prohibited exotic species. Any replacement vegetation shall be replaced within 30 days of their demise and/or removal. E. COUNTY INSPECTIONS. The Required Yards shall be completed and approved for a specific Lot prior to the issuance of a certificate of occupancy. Prior to preliminary acceptance of the required subdivision improvements for a Phase or Plat,the Yards may be inspected to verify compliance with this Plan. VII SPECIFIC RULES: A. MAIN GOLDEN GATE CANAL LOTS: Those lots adjacent to Unit 28 of Golden Gate Estates or a replat thereof and the Canal Easement for the Main Golden Gate Canal: 1. PRIOR CLEARING: The Developer;the Property Owner's Association or any future property owner are not required to replant Native Vegetation on any portions of Yards that were cleared by Collier County or Collier County's contractor/agent prior to the date of this Plan. This does not obviate Developer's obligation to install any perimeter landscape buffer required by the CITY GATE DRI within any portion of Yards that have been cleared prior to the date of this Plan. 2. NATIVE VEGETATION CALCULATIONS: In any calculation to determine whether the amount of Native Vegetation retained in Required Yards on Lots in the plat of a subdivision phase is sufficient,the total amount of Native Vegetation to be retained in that phase shall be reduced by an amount equal to sixty percent (60%) of the portion of lots contained in that phase that were cleared by Collier County or Collier County's contractor/agent prior to the date of this plan. The Developer shall not be required to replant or recreate native vegetation in any portion of this area. The agreed amount of land cleared in Phase Two is 2.81 acres; therefore the total amount of Native Vegetation to be retained in this Phase is reduced by 1.69 acres. The agreed amount of remaining land cleared is 2.38 acres. 3. "SPLIT" LANDSCAPE BUFFER: The Developer agrees that all the vegetation used for the split perimeter landscape buffer will be native but shall not be required to meet the Replacement Standards or Recreation Standards. B. FPL EASEMENT LOTS: Those Lots adjacent to the 170' wide Florida Power&Light easement. City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted PUDR-PL20190001494 March 16, 2020 76 EXHIBIT A-6 (PAGE 10 OF 29) 1. SETBACK: There is no setback from the 170' wide Florida Power & Light easement. VIII EXHIBITS OF PLAN: Attached hereto are Exhibits "A — H". Attached hereto as composite Exhibit "D" are three examples of site plans that are consistent with and compatible with this Plan. Exhibit"E", Exhibit"F" and Exhibit"G"_provide the Native Vegetation calculations for the plats of Phase Two and Phase Three, respectively. In the instance where lots from Phase Two and Three are replatted together for future development, the native vegetation requirement for those combined lots shall be calculated based on the location of each property, as provided in Exhibit"H". City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted PUDR-PL20190001494 March 16,2020 77 EXHIBIT A-6 (PAGE 11 OF 29) z ± e 0H jE U k ° o % � $ � o E -, \ & \ \ $ W ..;-- c) 7 » _ q \ w $ C § El } �Z X O § H w = H z2 3 § ± o ) ly ± § 7 A § % 55 V c- 0 _ = HI g m= yz § 0- ± ± j \ \ \ / \ §/ 0 0 o » cL s } u) Eu < 0® ° ° f \ §y ow z0 \ / um0fX 00DWOz =e = 5a oe = uu = mu2m = « « z ob = = ± < m2 < m �� 7 & SS = m0EHE0 -zoo 00 zz ,,, SE u9 OD OM } / . ; •: \ H ` E cL ° # E i 3 { \ § / = = o 0_ 7_1\ § } W M / E f ( z— o � i W / k > I E§ i I— ¥INNj0 > W < ( j \ 9 § gw ( z22 )} : I \ % / m \ / w UJ I ( ; § / z % \ u� G I 2 i = z00 /0 )[ � % 5 / _ _ \ ° �CO� j} ' CUE ' D I _\_ �/� E / \ /� [\ I /\ � / § ki o - \\ - I \ < I I CL CCI N \ \ \ \ LB. / I & ce ui G 0. / \ 1 /26 — —-/4 CTc, ` bg< e -roq ®}Z/ 0 0 _? : \ § :\0 < _ - \ 2 ± ~ § \ _ : ij .}_ :\ \ \ \ EXHIBIT A (EXHIBIT A-4 WITHIN PUD) PAGE 1 OF 2 \ 78 EXHIBIT A-6 (PAGE 12 OF 29) Lu 0 < F- 0 �� pI W 2mN 00Z � m = LL U Z00 i K -I DIX0 gdg <Z = N Q_ Q_ O cn U m " � .-UZ0 LLI cn W o=I- m0Wa Q CL Q < �(nw °W = °z wH O• U0 = OWw zg NU d Dmm O N0 O- Z ' J , J J Q 1 Q5 ¢ co cf - Qcc 0 z O g t N 2 f. ceW LL O LL 1 U m H H ' H /I iv Q / I o z O d i N Q / a <W cdZ In U / ab -J ( w ? �W 0 / ( - LIJ O CL m TNm m d JZ l mi - �I-1 -BUFFER / I-. I LcJU W ii c 2 w01W m¢ Lj W 8 V mLLcn dcY W 4' --------- !-...-_____________I LLW WH I v) 0 Li n I -I ¢ I m Qmm� I 1-Z W O H I H Z L - H C.U.E.i J2 ~ � _ C� dQQ� Z I N zD1 O W ayyrn I Id d�� I c OOWU I % VI n 5O - BUFFER i W Q b w w b CL I I > 3 I m U m m I I 'r UFFER CD 7/77112-71‘1 IInLLINmQ W J �, z J W rn F < Z0= Vn p H rn up 74- gJo vs b o . u)• W >,- nM 8, v CO O 2s00 ZO VA, P i � Z (n DUQ' U) Vo-W: W = OU Q a�N�� H U Q a8a O ry = ON_ Wiz" LL� iJ 2. W O J Q :7 • Z (0 W m w W J `3 J z Z < a � ) V N a 0 z ' L EXHIBIT A (EXHIBIT A-4 WITHIN PUD) PAGE 2 OF 2P - ti Ni 79 EXHIBIT A-6 (PAGE 13 OF 29) EXHIBIT B EXOTIC VEGETATION REMOVAL PLAN A. All Category I Exotics, as defined in the latest exotic plant list published by the Florida Exotic Pest Plant Council, must be removed from the entire platted phase of development. Notwithstanding the foregoing, if a plat submittal includes a tract that must be re-platted, then Exotic will be removed from that tract in conjunction with the re-plat. B. Exotics within the yard shall be physically removed, or the tree cut down to grade and the stump treated. The base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. C. Exotics in a yard may not be "treated in place". D. Control of exotics shall be implemented on a yearly basis to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. 1. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a. From all rights-of-way and easements prior to preliminary acceptance of each phase of the required subdivision improvements. b. From an entire building site prior to the issuance of the certificate of occupancy for that building. c. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvements prior to the issuance of a certificate of occupancy. 2. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. 3. Exotic vegetation maintenance plan. Annual plans, which require prohibited exotic vegetation removal and describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis. City Gate Commerce Park MPUD PU DR-PL20190001494 March 16,2020 80 EXHIBIT A-6 (PAGE 14 OF 29) EXHIBIT C EXHIBIT C (PAGE 1 OF 2) NATIVE VEGETATION REPLACEMENT PLAN TREES Tree requirements are provided for in Required Yard Plan, page 7 of 2$29. An example of tree replacement would be removal of one (1) 8-inch DBH pine tree may be replaced by four (4) 2-inch DBH pine trees or any combination of pine trees that total the removed DBH. SHRUBS Replacement Shrubs within Required Yard Easements: The shrub layer is proposed for planting on 20' centers. The shrubs will be appropriately clustered throughout the Required Yard to mimic natural conditions. Replacement shrubs will meet all standards for restoration and will be a minimum of 3 gallon in size, graded Florida Number 1 or better. Replacement Shrubs within all other portions of Required Yards: The shrub layer is proposed for planting on 5' centers. The shrubs will be appropriately clustered throughout the Required Yard to mimic natural conditions. Replacement shrubs will meet all standards for restoration and will be a minimum of 7 gallon in size, graded Florida Number 1 or better. FLUCFCS 411 & FLUCFCS 321: Based on vegetation typical of a pine flatwoods and palmetto prairie communities, the species of shrubs planted will selected from the table below, with at least 3 species utilized: SCIENTIFIC NAME COMMON NAME Callicarpa Americana beautyberry Serenoa repens saw palmetto Myrica cerifera wax myrtle Myrsine floridana myrsine Ilex glabra gallberry/inkberry Rhus copallinum winged sumac FLUCFCS 427: Based on vegetation typical of an oak community, the species of shrubs planted will selected from the table below, with at least 3 species utilized: SCIENTIFIC NAME COMMON NAME Callicarpa Americana beautyberry Serenoa repens saw palmetto Zamia pumila coontie Ilex glabra gallberry/inkberry Rhus copallinum winged sumac City Gate Commerce Park MPUD PUDR-PL20190001494 81 March 16,2020 EXHIBIT A-6 (PAGE 15 OF 29) EXHIBIT C EXHIBIT C (PAGE 2 OF 2) NATIVE VEGETATION REPLACEMENT PLAN (CONTINUED) Ground Cover The herbaceous layer is proposed for planting on 5' centers. The plants will be appropriately clustered throughout the planting area to mimic natural conditions. Replacement plants will meet all standards for restoration and will be a minimum of bare root in size, graded Florida Number 1 or better. FLUCFCS 411 & FLUCFCS 321: Based on vegetation typical of a pine flatwoods and palmetto prairie communities, the species of herbaceous groundcover planted will picked from the table below, with at least 3 species utilized: SCIENTIFIC NAME COMMON NAME Coreopsis spp. Tickseed Liatris gracilis blazing star Panicum virgiatum switchgrass Saccharum giganteum giant plumegrass Spartina bakeri sand cordgrass Tripsacum dactyloides Fakahatchee grass Piloblephis rigida Florida pennyroyal Aristida spp wire grass FLUCFCS 427: Based on vegetation typical of an oak community, the species of herbaceous groundcover planted will picked from the table below, with at least 3 species utilized: SCIENTIFIC NAME COMMON NAME Coreopsis spp. Tickseed Liatris gracilis blazing star Panicum virgiatum switchgrass Piloblephis rigida Florida pennyroyal Aristida spp wire grass General Notes: 1. Specific species chosen from the above lists will be subject to nursery availability. Substitutions of similar species may be made. 2. Individual plants may be grouped or"clumped"to more accurately mimic natural conditions. 3. All plants will be graded Florida Number 1 or better. 4, This plan may be modified to allow for changing conditions. Should conditions within a required yard change so that the condition of the existing native vegetation deteriorates, the above lists of native species may be amended to add native plants more suitable to the changed condition. As an example, if a saw palmetto is destroyed within a Required Yard but the duration of hydro-period has increased to the point that a replacement saw palmetto may not survive, then it may be replaced with a more water tolerant native species. 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WP a l / '//%'�%�/'////% 1111. r FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State March 25, 2020 Ms. Martha Vergara, BMR&VAB Senior Deputy Clerk II Office of the Clerk of the Circuit Court &Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 Naples, Florida 34112 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2020-13, which was filed in this office on March 25, 2020. 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