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Agenda 03/23/2021 Item #17A (Ordinance - Citygate Commerce Park PUD)17.A 03/23/2021 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 88-93, as amended, the City Gate Commerce Park Planned Unit Development; by increasing the development intensity for the sports complex extension lot by adding ±10,000 square feet for medical office uses for Collier County employees only; by increasing the actual height for the sports complex project and certain lots east of the FPL easement to 100 feet; by amending the development standards and deviations; by increasing the trip limitation for the sports complex extension lot; by updating the master development plan to show the current lot configuration and relocation of City Gate Boulevard South. The subject property consisting of 419.60E 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. (This is a companion item to Development Order Amendment Petition PUDA-PL20200002056, Agenda Item 17B.) [PL20200001448] OBJECTIVE: To have the Board of County Commissioners (Board) review staff s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above -referenced petition and render a decision regarding the petition, and; ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property was originally rezoned from Agricultural (A) to PUD with the adoption of Ordinance Number 88-93 on December 13, 1988. There have been several amendments since then, in Ordinance numbers 09-68, 09-69, 10-42, 18-13, 20-13 as well as a Vested Rights Determination. (Refer to application materials provided by Agent.) The City Gate Commerce Park is currently partially developed. The City Gate DRI, Petition PL20200002056, is a companion item to this petition. The proposed City Gate Commerce Park PUD Amendment will allow for revisions needed by future developments that are planned on Lots located east of the FPL easement and will address revisions needed specific to the Sports Complex. The purpose of the subject PUD Amendment is to: • Increase the development intensity for the Sports Complex Extension (addition of 10,000 ± square feet of medical office for Collier County employees); • Increase the trip limitation for the Sports Complex Extension, pursuant to the addition of the medical office; • Update to Deviation #6 "Directional Signs within the MPUD," to request an increase in the number and size of directional signs permitted; • Update to Deviations #13 and #15417 "Parking -Sports Complex Project," to include Lots abutting the Sports Complex Project; • Increase the number of caretaker units to a maximum of 10 units; • Addition of Deviation #34 "Off -Premise Directional Sign -South County Water Treatment Plant," to permit an off -premise ground sign for the County Water Treatment Plan within the City Gate Commerce Park MPUD; Packet Pg. 1485 17.A 03/23/2021 • Addition of Deviation #35 "Parking Requirements-Uline," to allow Uline to provide a minimum of 250 parking spaces to meet actual parking demands; • Reduce the minimum parcel size to 0.25-acres and parcel width to 50 feet, for properties located east of the FPL easement; • Reduce the side yards to 7.5 feet from 25 feet for parcels less than 1-acre in size; • Addition of language to the PUD and Required Yard Plan to allow Lots surrounding the Lake and Recreational Tract the opportunity to combine Required Yards, provided that the native vegetation requirement is still met. The Lots included will be known as the "Tract RL Campus" and an exhibit defining the subject area has been added to the Master Plan and Required Yard Plan; • Increase the maximum zoned height for the Sports Complex Project from 75 feet to 90 feet, and actual height from 85 feet to 100 feet; • Relocate City Gate Boulevard South further south; • Specify the location of Lots that are permitted the same maximum building height as the Sports Complex Project (updates made to Section 3.3.E of the PUD and page 4A of Exhibit A-1 -Master Development Plan); • Update the Master Plan for consistency with the above -mentioned requests; and • Update the SIC Code List to permit: o Grassed Parking Areas for the use of overflow parking for the Sports Complex Project on Lots East of the FPL Easement; and o Medical Office for Collier County employees within the Sports Complex Project See Attachment A -Proposed PUD Ordinance. FISCAL IMPACT: The PUDR by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build -out, will maximize its authorized level of development. However, if the PUDR is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning staff has reviewed the proposed PUDR and has found it consistent with the Future Land Use Element (FLUE) of the GMP. See Attachment B-FLUE Consistency Review. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard Petition PUDR-PL20200001448, City Gate Commerce Park PUD, on February 4, 2021, and voted 6-0 to forward this petition to the Board with a recommendation of approval subject to revising "Essential Service Personnel' to "Collier County Employees" in the PUD Ordinance. Packet Pg. 1486 17.A 03/23/2021 See Attachment A-PUD Ordinance. LEGAL CONSIDERATIONS: This is an amendment to the existing City Gate Commercial Park PUD (Ordinance No. 88-93, as amended). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? Packet Pg. 1487 03/23/2021 17.A 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approve the request for Petition PUDR-PL20200001448, City Gate Commerce Park PUD. Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff Report City Gate PUD 1-16-21 (DOCX) 2. Attachment A -Proposed Ordinance - 021721 (PDF) 3. Attachment B-FLUE Consistency Review 12-4-20 (PDF) 4. Attachment C-NIM Synopsis 12-17-20 11 (PDF) 5. Attachment D-Letter of Objection (PDF) 6. [Linked]Attachment E- Application 1-15-21 (PDF) 7. Hybrid Virtual Hearing Waivers 1-20-21 (PDF) 8. legal ad - agenda ID 15032 (PDF) Packet Pg. 1488 17.A 03/23/2021 COLLIER COUNTY Board of County Commissioners Item Number: I TA Doc ID: 15032 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PL20200001448, City Gate PUDA-Recommendation to approve an Ordinance amending Ordinance No. 88-93, as amended, the City Gate Commerce Park Planned Unit Development; by increasing the development intensity for the sports complex extension lot by adding ±10,000 square feet for medical office uses for Collier County employees only; by increasing the actual height for the sports complex project and certain lots east of the FPL easement to 100 feet; by amending the development standards and deviations; by increasing the trip limitation for the sports complex extension lot; by updating the master development plan to show the current lot configuration and relocation of City Gate Boulevard South. The subject property consisting of 419.60f 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. (This is a companion item to Development Order Amendment Petition PUDA-PL20200002056, Agenda Item 17B.) [PL20200001448] Meeting Date: 03/23/2021 Prepared by: Title: Planner, Principal — Zoning Name: Nancy Gundlach 02/11/2021 9:30 AM Submitted by: Title: Manager - Planning — Zoning Name: Ray Bellows 02/11/2021 9:30 AM Approved By: Review: Growth Management Department Zoning Zoning Growth Management Department County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget Board of County Commissioners County Manager's Office Lissett DeLaRosa Level 1 Reviewer Ray Bellows Additional Reviewer Anita Jenkins Additional Reviewer Completed 02/11/2021 9:46 AM Completed 02/18/2021 3:07 PM Completed 02/22/2021 3:46 PM Thaddeus Cohen Department Head Review Completed 02/24/2021 1:34 PM Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 03/04/2021 3:41 PM Debra Windsor Additional Reviewer Completed 03/04/2021 3:50 PM Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/05/2021 2:16 PM Laura Zautcke Additional Reviewer MaryJo Brock Meeting Pending Dan Rodriguez Level 4 County Manager Review Completed 03/11/2021 3:14 PM 03/23/2021 9:00 AM Completed 03/16/2021 2:17 PM Packet Pg. 1489 17.A.1 Co e-r County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: FEBRUARY 4, 2021 SUBJECT: PUDA-PL20200001448, CITY GATE COMMERCE PARK MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD) (COMPANION ITEM TO DOA-PL20200002056, CITY GATE COMMERCE PARK DEVELOP- MENT OF REGIONAL IMPACT (DRI)) PROPERTY OWNER/APPLICANT AND AGENTS: Owner*/APplicant: CG II, LLC, 850 NWN, LLC, City Gate Development, LLC 121 South Main Street, Suite 500 Akron, OH 44308 Collier County Government 3335 Tamiami Trail East, Suite 101 Naples, FL 34112 * There are other owners in the Planned Unit Development (PUD) who are not applicants including Southern Management Corp., South Florida Water Management District, City Gate Self Storage LLC, 3819-3815 White Lake Blvd LLC, 3823 White Lake Blvd LLC, Citygate Development District, Terra Hospitality -Florida LLC, Kingstown Family Trust LLC, PS Florida One Inc., and Urika III, Inc. Agent: Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Page 1 of 18 as M c� v C v v 0 0 0 0 N 0 N J a N M 0 LO CITY GATE COMMERCE PARK MPUD PUDA-PL2020001448 January 16, 2021 Packet Pg. 1490 17.A.1 p o O w y a s Y q �� a0d s g~ wa a w yN wcF o� p n 0 ww JX Oz 7 p° MUa aasodpad L) '� Ir z m a of Ada h a w m w w o �, w w u u 4 <N zw -�------------------------ Ew w �O rcWq po' U ¢¢ O w O� w a �h' C%~W WU NOWCl �q �o��w �" ao a�a o a o oa z �xw f4 N N �� r �O7 ¢rc W 7 q w cc�Ea gam$ CQ9�oa �u m w i i w Z 7 LD Z O �w wiz n O ,4LL V V 1 ��o �?z zR. 0-Z 1 a gW w�=g ccax w w rc; q w 0 �❑ �❑ �❑ w 17-' Zd❑ o O t� v2 s ry a ❑_ m w w WU a f7 • r r u� S �� upi'c o ri o�~ LL O po IA u ❑�� 2 fn w 6L W. Z H W. 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S3 jj r� 00 p�Om w w 2oprr2 ��ay boo ❑ O W de eo r / > m ❑ ® C w o a' z aavnalnoa w n / j; a a a `� w � " i i ii � r�� •, I�'. fl ` ObVAMnum a31MO' s ❑2= Page 3 of 18 ua a LL o O i SuS a2 p O w 3 p � p w p u � � ] u 0 u u u d a m r F J J a a d d n a ;oq qq�oso o a= H� CITY GATE COMMERCE PARK MPUD PUDA-PL2020001448 January 16, 2021 Packet Pg. 1492 17.A.1 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an amendment to Ordinance No. 88-93, as amended, the City Gate Commerce Park Planned Unit Development; by increasing the development intensity for the sports complex extension lot by adding ±10,000 square feet for medical office uses for essential service personnel only; by increasing the actual height for the sports complex project and certain lots east of the FPL easement to 100 feet; by amending the development standards and deviations; by increasing the trip limitation for the sports complex extension lot; by updating the master development plan to show the current lot configuration and relocation of City Gate Boulevard South. GEOGRAPHIC LOCATION: 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 Section 35, Township 49 South, Range 26 East, in Collier County, Florida. (See Location Map on page 2) PURPOSE/DESCRIPTION OF PROJECT: The subject property was originally rezoned from Agricultural (A) to PUD with the adoption of Ordinance Number 88-93 on December 13, 1988. There have been several amendments since then, in Ordinance numbers 09-68, 09-69, 10-42, 18-13, 20-13 as well as a Vested Rights Determination. (Refer to application materials provided by Agent.) The City Gate Commerce Park is currently partially developed. The City Gate DRI, Petition PL20200002056, is a companion item to this petition. The proposed City Gate Commerce Park PUD Amendment will allow for revisions needed by future developments that are planned on Lots located east of the FPL easement and will address revisions needed specific to the Sports Complex. The purpose of the subject PUD Amendment is to: • Increase the development intensity for the Sports Complex Extension (addition of 10,000 ± square feet of medical office for essential service personnel only); • Increase the trip limitation for the Sports Complex Extension, pursuant to the addition of the medical office; • Update to Deviation #6 "Directional Signs within the MPUD," to request an increase in the number and size of directional signs permitted; • Update to Deviations #13 and #15417 "Parking -Sports Complex Project," to include Lots abutting the Sports Complex Project; • Increase the number of caretaker units to a maximum of 10 units; • Addition of Deviation #34 "Off -Premise Directional Sign -South County Water Treatment Plant," to permit an off -premise ground sign for the County Water Treatment Plan within the City Gate Commerce Park MPUD; • Addition of Deviation #35 "Parking Requirements-Uline," to allow Uline to provide a minimum of 250 parking spaces to meet actual parking demands; Page 4 of 18 CITY GATE COMMERCE PARK MPUD PUDA-PL2020001448 January 16, 2021 Packet Pg. 1493 17.A.1 • Reduce the minimum parcel size to 0.25-acres and parcel width to 50 feet, for properties located east of the FPL easement; • Reduce the side yards to 7.5 feet from 25 feet for parcels less than 1-acre in size; • Addition of language to the PUD and Required Yard Plan to allow Lots surrounding the Lake and Recreational Tract the opportunity to combine Required Yards, provided that the native vegetation requirement is still met. The Lots included will be known as the "Tract RL Campus" and an exhibit defining the subject area has been added to the Master Plan and Required Yard Plan; • Increase the maximum zoned height for the Sports Complex Project to 90 feet, and actual height to 100 feet; • Relocate City Gate Boulevard South further south; • Specify the location of Lots that are permitted the same maximum building height as the Sports Complex Project (updates made to Section 3.3.E of the PUD and page 4A of Exhibit A-1 —Master Development Plan); • Update the Master Plan for consistency with the above -mentioned requests; and • Update the SIC Code List to permit: o Grassed Parking Areas for the use of overflow parking for the Sports Complex Project on Lots East of the FPL Easement; and o Medical Office for Essential Service Personnel only within the Sports Complex Project See Attachment A — Proposed PUD Ordinance. SURROUNDING LAND USE AND ZONING: North: Golden Gate Canal, then developed residences in the Safe Harbor Subdivision with a zoning designation of Estates (E), and then undeveloped land with a zoning designation of Rural Agricultural (A) East: Vacant land with a zoning designation of Rural Agricultural (A), and then the Collier County landfill South: Mostly developed industrial uses within the White Lake Industrial Park, with a zoning designation of PUD, and vacant land with a zoning designation of Rural Agricultural (A), West: Collier Boulevard, an 8-lane arterial road, and then vacant commercial land that is part of the Golden Gate Commerce Park PUD and the Collier Boulevard Mixed -Use Commerce Center PUD Page 5 of 18 CITY GATE COMMERCE PARK MPUD PUDA-PL2020001448 January 16, 2021 Packet Pg. 1494 17.A.1 AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Rezone and has found it consistent with the Future Land Use Element (FLUE) of the GMP. See Attachment B - FLUE Consistency Review. Transportation Element: In evaluating this project, staff reviewed the applicant's October 12, 2020, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the current 2020 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five-year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: Page 6 of 18 CITY GATE COMMERCE PARK MPUD PUDA-PL2020001448 January 16, 2021 Packet Pg. 1495 a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and C. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " Staff has evaluated the TIS submitted with the proposed petition and has found that the proposed additional medical office building will add an additional +/-36 PM peak hour two-way trips on the adjacent roadway segments. These additional +/- 36 PM peak hour two-way trips are in addition to the currently approved +/-309 PM peak hour two-way trips which results in a proposed total of +/- 345 PM peak hour trips for the sports complex. The proposed additional +/- 36 PM peak hour two-way trips will impact the following roadway network: Link Roadway Link Location 2020 P.M. Peak 2020 AUIR # AUIR Hour Peak Remaining Capacity Existing Direction LOS Service Volume/Peak Direction 32.2 Collier Golden Gate D 2,300/North 199 Blvd. Parkway to Golden Gate Main Canal 32.3 Collier Golden Gate Main C 3,600/North 1,422 Blvd. Canal to I-75 33.0 Collier I-75 to Davis F 3,600/North (273) Blvd. Blvd. Regarding the existing City Gate PUD: The City Gate PUD is considered vested for traffic impacts through the Developer Agreement dated December 1, 2009, and as amended June 23, 2015. The vested impacts are based on allowable uses within PUD and associated square foot limitations. Staff notes that the interchange of I-75 and State Road 951 (Collier Boulevard) is in the current Florida Department of Transportation (FDOT) 5-year work plan for significant improvements in fiscal year 20/21. These improvements are designed to increase capacity and reduce conflicts on the adjacent roadways including access to I-75 and the Davis Boulevard intersection. State Statute 163.3180 provides that developments shall include planned improvements in their impact analysis. Additionally, the LOS status of link 33 is due to background traffic increases, not the proposed development. Finally, the other links within the roadway network have sufficient capacity to accommodate the proposed additional medical office development. Therefore, the proposed development is consistent with Policy 5.1 of the Transportation Element of the GMP within the 5- year planning period, and Transportation Planning staff recommend approval of the request. Page 7 of 18 CITY GATE COMMERCE PARK MPUD PUDA-PL2020001448 January 16, 2021 Packet Pg. 1496 17.A.1 Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the CCME. During the Vested Rights Determination process, a "Required Yard Plan" was established, determining the amount and location of native vegetation preservation. This Plan set forth how the native vegetation is to be provided on individual lots within the PUD to meet the total requirements for the PUD. The total required native vegetation to be retained within the development lots (Phases II and III of the PUD) is 29.74 acres. Through the Vested Rights Determination, the placement and configuration of the native vegetation preservation areas are deemed consistent with the CCME. GMP Conclusion: The proposed PUD Amendment may be deemed consistent with the FLUE of the GMP, contingent, in part, upon the approval of companion petition, DOA-PL20200002056, City Gate Commerce Park DRI. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analysis: Environmental Review: The native vegetation requirements for this project were established through the original DRI process (DRI — DO 88-2). During the Vested Rights Determination process, a "Required Yard Plan" was established, determining the amount and location of native preservation. The "Required Yard Plan" has been revised and is attached to the PUD. Retained or replanted native vegetation is provided within the "yards" or building setback areas of the development lots within Phases II and III of the PUD. This petition seeks to allow lots surrounding the Lake and Recreational Tract (`Tract RL Campus') to eliminate the Required Yards or portions of Required Yards, provided the total required native vegetation is met by expanding the remaining Required Yards on the same lot or by providing the required native vegetation on a different lot within the PUD. Staff supports this request, as reconfiguring the Required Yards to allow congregation of the yards on lots creates yards that are similar to preserves and which provide greater wildlife habitat. Transportation Review: Transportation Department Staff has reviewed the petition and recommends approval. Utilities Review: The project lies within the regional potable water service area and the south wastewater service area of the Collier County Water -Sewer District (CCWSD). Water and wastewater services are readily available via existing utility infrastructure within the PUD. Landscape Review: Landscape staff has reviewed the petition and recommends approval. Page 8 of 18 CITY GATE COMMERCE PARK MPUD January 16, 2021 PUDA-PL2020001448 Packet Pg. 1497 17.A.1 Zoning Review: The City Gate Commerce Park is a partially developed 419.60± acre mixed -use PUD consisting of commercial, industrial, and sports complex land uses. The western portion of the PUD consists of commercial land uses and is part of Activity Center # 9. It is mostly developed with a gas station and convenience store, a car wash, and two hotels. The eastern portion of the PUD consists of the developing 178.96± acre Sports Complex Project. As previously stated, the petitioner proposes to add 10,000± square feet of medical office uses for use by essential service personnel only, to increase the actual height of the sports complex project and certain lots east of the FPL easement to 100 feet, and to relocate City Gate Boulevard South further south. The petitioner is also revising previously approved deviations related to signage, parking lot landscaping, caretaker residences, and the quantity of parking required. The proposed changes mostly affect properties internal to the PUD. The proposed increase in zoned height from 75 feet to 90 feet (increase in actual height from 85 feet to 100 feet). The proposed increase in building height only applies to the Sports Complex Project and lots located east of the FPL easement and south of City Gate Boulevard North. The proposed increased building height does not apply to the lots located along the northern property line of the PUD which are located across the canal from Estates residences. For further information, please see MPUD Exhibit A-1 Page 4A of 14, contained in the Master Plan set of Attachment A -Proposed PUD Ordinance. The minimum lot size for properties located east of the FPL easement has decreased from 1 acre to 0.25-acres and the minimum lot width has decreased from 150 feet to 50 feet. The proposed revisions to the deviations mostly affect properties related to and adjacent to the Collier County Sports Complex. The petitioner is seeking to apply the previously approved deviations related to wheel stops, curbing, and landscaping in grass parking lots to parking lots abutting the Sports Complex Project. For further information, please see the Deviation Discussion section of this Staff Report. Staff is supportive of the proposed changes to the PUD as they are compatible with the neighborhood. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Code of Laws and Ordinances. REZONE FINDINGS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these Page 9 of 18 CITY GATE COMMERCE PARK MPUD PUDA-PL2020001448 January 16, 2021 Packet Pg. 1498 17.A.1 subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning staff has indicated that the proposed PUD Rezone is consistent with all applicable elements of the FLUE of the GMP. 2. The existing land use pattern. The neighborhood's existing land use pattern is characterized by industrial development, undeveloped commercial development, undeveloped Agricultural lands, and along the northern property line of the PUD, residential development. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that approval of this PUD Amendment will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn. The PUD zoning boundaries follow property ownership boundaries. The location map on page 2 of the staff report illustrates the boundary of the subject PUD. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed PUD Amendment is not necessary, but it is being requested in compliance with the LDC provisions to allow the owner the opportunity to clarify and add development standards. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed PUD Amendment, can be deemed consistent with the County's land -use policies upon adoption that are reflected by the Future Land Use Element (FLUE) of the GMP. Development in compliance with the proposed PUD Amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Page 10 of 18 CITY GATE COMMERCE PARK MPUD PUDA-PL2020001448 January 16, 2021 Packet Pg. 1499 17.A.1 The roadway infrastructure has sufficient capacity to serve the proposed project. 8. Whether the proposed change will create a drainage problem. The proposed PUD Amendment will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed PUD Amendment will not reduce light and air to adjacent areas outside the PUD. Furthermore, the PUD Document provides adequate property development regulations to ensure light and air should not be seriously reduced to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD Amendment will not adversely impact property values. Zoning by itself may or may not affect values since value determination is driven by market demand. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The basic premise underlying all of the development standards in the LDC is that sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of the adjacent property. Therefore, the proposed PUD Amendment should not be a deterrent to the improvement of adjacent properties. 11. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this PUD Amendment in compliance with LDC provisions. The proposed amendment meets the intent of the PUD district and the public interest will be maintained. 13. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Page 11 of 18 CITY GATE COMMERCE PARK MPUD PUDA-PL2020001448 January 16, 2021 Packet Pg. 1500 17.A.1 Staff is of the opinion that the proposed PUD Amendment is not out of scale with the needs of the neighborhood or County. 14. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC, and staff does not review other sites in conjunction with a specific petition. 15. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require site alteration, and this project will undergo evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again later as part of the building permit process. 16. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by County staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that the developer has provided appropriate commitments so that the impacts of the Level of Service will be minimized. 17. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.B.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria." 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The type and pattern of development proposed should not have a negative impact upon any physical characteristics of the land, the surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The Collier County Water -Sewer District already provides potable water Page 12 of 18 CITY GATE COMMERCE PARK MPUD PUDA-PL2020001448 January 16, 2021 Packet Pg. 1501 17.A.1 and wastewater services to the PUD, and there are adequate water and wastewater treatment capacity available to future development as proposed by this petition. Furthermore, this project, if developed, will be required to comply with all county regulations regarding drainage, sewer, water, and other utilities pursuant to Section 6.02.00 Adequate Public Facilities of the LDC. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control. The PUD Document and the general LDC development regulations make appropriate provisions for the continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The City Gate PUD will continue to remain internally and externally compatible. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. There is a significant committed improvement project scheduled by FDOT for the I-75 and 951 interchange noted in the consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. Page 13 of 18 CITY GATE COMMERCE PARK MPUD PUDA-PL2020001448 January 16, 2021 Packet Pg. 1502 17.A.1 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including Collier County Water -Sewer District potable water and wastewater mains, to accommodate this project. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The petitioner is seeking deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06 A.). Staff believes that the deviations proposed can be supported, finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviations are "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Please refer to the Deviation Discussion portion of the staff report below for a more extensive examination of the deviations. DEVIATION DISCUSSION: The petitioner is revising previously approved Deviation #6, # 13, # 15, # 16, # 17, #22, and is seeking two new deviations, Deviation #34 and #35. The deviations are directly extracted from PUD Section 2.7. The deviation locations are depicted on the Master Development Plan, Exhibit A-1, Page 4 of 14. The deviation language that has been added is underlined, the deviation language that has been deleted is struck thru. The petitioner's justifications and staff analysis/recommendations are outlined below. Directional Signs-MPUD/Sports Complex Project (Within MPUD) Deviation #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 4-236-square feet in area per sign; b) directional signs shall not exceed.912-feet in height; Page 14 of 18 CITY GATE COMMERCE PARK MPUD PUDA-PL2020001448 January 16, 2021 Packet Pg. 1503 17.A.1 c) up to seven (7) twenty (20) 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. Petitioner's Justification: The City Gate Commerce Park MPUD is a large mixed -use MPUD and was amended early 2020 for the addition of 128.05-acres, the Sports Complex Extension. Due to the increase in acreage, and proposed internal roadway extensions, additional signs are needed. For the visitors to the Collier County Sports Complex, the location of proper way -finding signage needs to be plentiful, legible, and consistently located. A unified design theme will be utilized for all directional signage throughout the MPUD; thus, ensuring a cohesive appearance and enhanced aesthetic appeal. Multiple lines of text are needed on each sign face, to easily direct motor vehicles to appropriate locations throughout the MPUD and Sports Complex Project. Therefore, the request for an increase in permitted sign area and height will allow text to be appropriately sized and spaced on each sign. Lastly, providing easy wayfinding is a benefit to the general public and to Collier County Emergency Services. StaffAnalysis and Recommendation: Zoning and Land Development Review staff recommends Approval finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Parking -Sports Complex Project Deviations #13 and #15-17 are existing deviations and have been updated to include Lots abutting the Sports Complex Project that provide area(s) for overflow parking associated with the Sports Complex Project. The Uline facility, planned on a Lot abutting the Sports Complex Project, is proposing to provide an area to Collier County for parking associated with the Sports Complex Project. Approval of these deviation updates will allow the parking area(s) to be designed consistent with what is approved for the Sports Complex Project. Deviation #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. This deviation may also apply to Lots abuttingthe he Sports Complex Project that are providing overflow parking for the Sports Complex Project. Deviations #15-17 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. Page 15 of 18 CITY GATE COMMERCE PARK MPUD PUDA-PL2020001448 January 16, 2021 Packet Pg. 1504 This deviation may also apply to Lots abuttingthe Sports Complex Project that are providing overflow parking for the Sports Complex Project. 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. Of This deviation shall only apply to grassed parking areas. This deviation ma.. apply to Lots abuttingthe he Sports Complex Project that are providing overflow parking for the Sports Complex Project. 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. or This deviation shall only apply to grassed parking areas. This deviation may also apply to Lots abuttingthe Complex Project that are providing overflow parking for the Sports Complex Project. Petitioner's Justification: Deviations #13 and 15-17 are existing deviations and have been updated to include Lots abutting the Sports Complex Project that provide area(s) for overflow parking associated with the Sports Complex Project. The Winefacility, planned on a Lot abutting the Sports Complex Project, is proposing to provide an area to Collier County for parking associated with the Sports Complex Project. Approval of these deviation updates will allow the parking area(s) to be designed consistent with what is approved for the Sports Complex Project. StaffAnalysis and Recommendation: Zoning and Land Development Review staff recommends Approval finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Caretaker Residences-MPUD Including Sports Complex Proiect Deviation #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 seven7) ten 10 attached or detached caretaker's residence(s), limited to locations East of the F. P. & L. Easement. Petitioner's Justification: Deviation #22 was updated to allow a maximum of 10 (ten) attached or detached caretaker residences from the previous seven (7) to meet the potential needs for future developments. StaffAnalysis and Recommendation: Zoning and Land Development Review staff recommends Approval finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, Page 16 of 18 CITY GATE COMMERCE PARK MPUD PUDA-PL2020001448 January 16, 2021 Packet Pg. 1505 17.A.1 and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Off -Premise Directional Sign -South County Water Treatment Plant Deviation #34 Deviation #34 seeks relief from LDC Section 5.06.04 G. "Off -Premise Directional Signs," which requires Off -Premise Directional Signs to be no more than 12 square feet in area and be located no closer than 10 feet from the properly line, to instead allow the South County Water Treatment Plant's Off -Premise Directional Sign to be a maximum of 21 square feet in area, be located less than 10' from the property line and be located within Lot 11 of the City Gate Commerce Park Phase Three Plat (PB 63/Pages 84-90), with an easement granted from the property owner. Petitioner's Justification: Deviation #34 will solidify the existing conditions of the sign installed for the South County Water Treatment Plant, located within the City Gate Commerce Park MPUD. The sign has been installed within Lot 11 of the City Gate Commerce Park Phase Three Plat to provide visibility to the public; otherwise, the existing chain link fence and landscaping surrounding the water treatment plan would shield the sign. A written letter of permission from the property owner of Lot 11 has been obtained and this deviation does not create any negative impacts. APier County SOUTH COUNTY REGIONAL WATER TREATMENT PLANT a Awardwinning Drinking Water Treatment Facifity Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends Approval finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Page 17 of 18 CITY GATE COMMERCE PARK MPUD PUDA-PL2020001448 January 16, 2021 Packet Pg. 1506 17.A.1 Parking Requirments-Wholesale Warehouse Facility Deviation #35 Deviation #35 seeks relief from LDC Section 4.05.04 G. "Parking Space Requirements," which requires wholesale warehouse establishments to be parked at 1 space per every 1,000 SF of warehouse and 1 space per every 275 SF of office areas, to instead allow the wholesale warehouse facilily planned within the City Gate Commerce Park MPUD (,SDP-PL20200002112) to provide 1 space per every 4,000 SF of warehouse and office areas. Petitioner's Justification: Deviation #35 is being requested to meet Uline's actual parking demand, which is much less than what is required by the Collier County Land Development Code. The facility is designed for 220 employees at one time; thus, the request to provide 250 parking spaces is sufficient for the development. This is based on the operation and function of Wine's several other existing facilities, located within North America. Approval of this deviation request will also allow the opportunity for more open/green space to be provided on the property. StaffAnalysis and Recommendation: Zoning and Land Development Review staff recommends Approval finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on December 15, 2020, at the Cove, Paradise Sports Complex, 3920 City Gate Boulevard North, in Naples, Florida. There were four attendees. For further information, please see Attachment C: NIM Synopsis. A letter of objection has been received. Please see Attachment D: Letter of Objection. COUNTY ATTORNEY OFFICE REVIEW: This Staff Report was reviewed by the County Attorney's office on January X, 2021. RECOMMENDATION: Staff recommends that the CCPC forward Petition PUDA-PL20200001448, City Gate Commerce Park MPUD to the BCC with a recommendation of approval. Attachments - Attachment A: Proposed PUD Ordinance Attachment B: Future Land Use Element Consistency Review Attachment C: NIM Synopsis Attachment D: Letter of Objection Attachment E: Application Page 18 of 18 CITY GATE COMMERCE PARK MPUD PUDA-PL2020001448 January 16, 2021 Packet Pg. 1507 17.A.2 ORDINANCE NO.2021 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 88-93, AS AMENDED, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT; BY INCREASING THE DEVELOPMENT INTENSITY FOR THE SPORTS COMPLEX EXTENSION LOT BY ADDING ±10,000 SQUARE FEET FOR MEDICAL OFFICE USES FOR COLLIER COUNTY EMPLOYEES; BY INCREASING THE ACTUAL HEIGHT FOR THE SPORTS COMPLEX PROJECT AND CERTAIN LOTS EAST OF THE FPL EASEMENT TO 100 FEET; BY AMENDING THE DEVELOPMENT STANDARDS AND DEVIATIONS; BY INCREASING THE TRIP LIMITATION FOR THE SPORTS COMPLEX EXTENSION LOT; BY UPDATING THE MASTER DEVELOPMENT PLAN TO SHOW THE CURRENT LOT CONFIGURATION AND RELOCATION OF CITY GATE BOULEVARD SOUTH. THE SUBJECT PROPERTY CONSISTING OF 419.60f 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. [PL20200001448] 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 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 [20-CPS-02047/1605593/1]105 Underlined text is added; �*..,.,a� text is deleted. City Gate / PL20200001448 2/17/21 Page 1 of 3 Packet Pg. 1508 17.A.2 WHEREAS, on March 24, 2020, the Board of County Commissioners approved Ordinance No. 20-13 which amended the PUD to add the Sports Complex Extension to the PUD, and by changing the zoning classification of 128.05 acres of land from the Rural Agricultural zoning district to the City Gate Commerce Park Planned Unit Development, among other changes; and WHEREAS, Jessica Harrelson, AICP of Davidson Engineering, Inc., representing 850 NWN LLC; CG II, LLC; Citygate Development LLC and Collier County, petitioned the Board of County Commissioners of Collier County, to amend the PUD; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on February 4, 2021; and WHEREAS, the Petitioners 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 PUD Document attached to Ordinance No. 88-93, is hereby amended in accordance with the revised PUD Document, attached hereto as Exhibit A and incorporated by reference herein. 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 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. [20-CPS-02047/1605593/1 ] 105 City Gate / PL20200001448 2/17/21 Underlined text is added; �*..,.,a� text is deleted. Page 2 of 3 Packet Pg. 1509 17.A.2 PASSED AND DULY ADOPTED by super -majority vote by the Board of County Commissioners of Collier County, Florida, this day of , 2021. ATTEST: CRYSTAL K. KINZEL, CLERK M. , Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney HFAC 2-17-21 Attachment: Exhibit A — PUD Document [20-CPS-02047/1605593/1 ] 105 City Gate / PL20200001448 2/17/21 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Lo Penny Taylor, Chairman Underlined text is added; �*..,.,a� text is deleted. Page 3 of 3 a c a as c� c� O O O O N O N J a N M O Packet Pg. 1510 17.A.2 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: 03 24 2020 Ordinance Number:20-13 2020 Amended Date Approved by BCC: Ordinance Number: City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted PUDA-PL20200001448 February 9, 2021 1 Packet Pg. 1511 17.A.2 INDEX PAGE I. PROPERTY OWNERSHIP AND DESCRIPTION 3-8 II. PROJECT DEVELOPMENT 9 -2-425 III. PROJECT DEVELOPMENT REGULATIONS 253226-33 IV. PROJECT ENVIRONMENTAL REQUIREMENTS 33-3534-36 V. TRAFFIC AND ENGINEERING REQUIREMENTS 36 3737-38 VI. UTILITIES REQUIREMENTS 393939-40 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-S SIGN DEVIATION EXHIBIT EXHIBIT A-6 REQUIRED YARD PLAN City Gate Commerce Park MPUD P U DA-P L20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted Q a m C9 U C r O O O O N O N J d N M O LO r 2 Packet Pg. 1512 17.A.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 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 3 Packet Pg. 1513 17.A.2 JOHNSON ENGINEERING, INC. AXCITI _IIIIII1=4 all 12NIS]i!l 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 P U DA-P L20200001448 February 9, 2021 4 Packet Pg. 1514 17.A.2 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 FEETTO 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 S.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„ 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: City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted P U DA-P L20200001448 February 9, 2021 5 Packet Pg. 1515 17.A.2 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. S.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. S.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. S.00°47'14"W., FOR 870.39 FEET, 2. S.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 P U DA-P L20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted Packet Pg. 1516 17.A.2 GENERAL DESCRIPTION OF PROPERTY AREA A. The 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. 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 7 Packet Pg. 1517 17.A.2 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. The 2018 and 2020 PUD Amendments was were found and this 2019 2021 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 8 Packet Pg. 1518 17.A.2 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. Q 0 a m 2.2. GENERAL A. City Gate Commerce Park is planned as a mixed use, non-residential, t) 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 c 0 commercial services. The remainder of the sites, both east and west of the F. P. & L. o N J easement, will be utilized by commercial and industrial firms associated with a technological research, product development, light manufacturing, storage and c distribution, offices, recreational and a wide variety of utilitarian and commercial support businesses. ti 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 PUDA-PL20200001448 February 9, 2021 9 Packet Pg. 1519 17.A.2 2.3 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. 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 ± 65.83 (±2.50 acres) Building sites ±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 Q 0 a m U 0 0 0 0 N 0 N J a N M 0 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 PUDA-PL20200001448 February 9, 2021 10 Packet Pg. 1520 17.A.2 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 (EXCLUDING THE SPORTS COMPLEX EXTENSION 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 12.13.3). 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 12.13.3. may not be exceeded. ii. The total 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 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 1,250 rooms, subject to the traffic cap in Section 2.4.A. City Gate Commerce Park MPUD PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 11 Packet Pg. 1521 17.A.2 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, ±10,000 SF Medical Office and accessory uses. The Sports Complex Extension's total trips shall not exceed 3G9 345 two-way PM peak hour trips, resulting in a total of 6—,388 6,344 two-way PM peak hour trips for the MPUD. 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 City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted PUDA-PL20200001448 February 9, 2021 12 Packet Pg. 1522 17.A.2 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. 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. B. 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 13 Packet Pg. 1523 17.A.2 2.7. DEVIATIONS TO COUNTY LDC REGULATIONS (See Exhibit A-5 Sign Deviation and Exhibit A- 1 Master Development Plan, page 4 of P14) (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.) 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 4 of 1314; and b) a minimum separation of 100-feet from any on -site monument signs. City Gate Commerce Park MPUD PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 14 Packet Pg. 1524 17.A.2 FLAGS AND FLAGPOLES —SPORTS COMPLEX PROJECT 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, o a) a maximum height of 100-feet from finished grade; a b) extension up to 40-feet from any building to which it is attached; c� c� U c) up to 100 flag poles separated by a minimum distance of 100-feet within the Sports o0 Complex Project, except flag poles attached to the stadium structure are not subject to 0 the 100-foot minimum separation; and 0 N 0 d) The actual height of future structures on the Sports Complex Project shall be equal to the N a actual structure height plus the flagpole height. For example, the maximum actual rN, structure height of 85-feet plus the maximum flagpole height of 40-feet equals an overall 0 maximum height of 125-feet. 04 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 15 Packet Pg. 1525 17.A.2 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 3436-square feet in area per sign; b) directional signs shall not exceed $12-feet in height; c) up to twenty (20) 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 16 Packet Pg. 1526 17.A.2 SIGN WITH DISPLAY —SPORTS COMPLEX PROJECT 8. Deviation #8 seeks relief from LDC Section 5.06.04 GA "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 4 of 4-314, 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 17 Packet Pg. 1527 17.A.2 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 PUDA-PL20200001448 February 9, 2021 18 Packet Pg. 1528 17.A.2 PARKING - SPORTS COMPLEX PROJECT 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. This deviation may also apply to Lots abutting the Sports Complex Proiect that are providing overflow parking for the Sports Complex Proiect. 14. Deviation #14 seeks relief from LDC Section 4.05.04 G Table 17 "Parking Space Requirements," which permits 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. This deviation may also apply to Lots abutting the Sports Complex Proiect that are providing overflow parking for the Sports Complex Proiect. 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. of This deviation shall only apply to grassed parking areas. This deviation may also apply to Lots abutting the Sports Complex Proiect that are providing overflow parking for the Sports Complex Proiect. City Gate Commerce Park MPUD PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 19 Packet Pg. 1529 17.A.2 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_ of This deviation shall only apply to grassed parking areas. This deviation may also apply to Lots abutting the Sports Complex Project that are providing overflow parking for the Sports Complex Proiect. 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 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 6.06.010.5 "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 PUDA-PL20200001448 February 9, 2021 20 Packet Pg. 1530 17.A.2 RETAINED NATIVE VEGETATION - SPORTS COMPLEX LOT ONLY 21. Deviation #21 seeks relief, for the Sports Complex Lot only, from the PUD's Required Yard Plan, which requires native vegetation retention to be on -site, and LDC Section 3.05.07 HAI "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 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 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 7-) ten 10 attached or detached caretaker's residence(s), limited to locations East of the F. P. & L. Easement. 23. Intentionally Omitted. City Gate Commerce Park MPUD PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 21 Packet Pg. 1531 17.A.2 ARCHITECTURAL REVIEW STANDARDS —SPORTS COMPLEX PROJE 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 4-314. 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 r requires PUDs to provide landscape buffers along the perimeter of PUD boundaries, to instead Q 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 PUDA-PL20200001448 February 9, 2021 22 Packet Pg. 1532 17.A.2 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 fagade 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 fagade 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. OFF -PREMISE DIRECTIONAL SIGN — SOUTH COUNTY WATER TREATMENT PLANT 34. Deviation #34 seeks relief from LDC Section 5.06.04 G. "Off -Premise Directional Signs," which E U requires Off -Premise Directional Signs to be no more than 12 square feet in area and be Q located no closer than 10 feet from the property line, to instead allow the South County Water Treatment Plant's Off -Premise Directional Sign to be a maximum of 21 square feet in area, be located less than 10' from the property line and be located within Lot 11 of the City Gate City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted PUDA-PL20200001448 February 9, 2021 23 Packet Pg. 1533 17.A.2 Commerce Park Phase Three Plat (PB 63/Pages 84-90), with an easement granted from the property owner or written permission. PARKING REQUIREMENTS —WHOLESALE WAREHOUSE FACILITY 35. Deviation #35 seeks relief from LDC Section 4.05.04 G. "Parking Space Requirements," which requires wholesale warehouse establishments to be parked at 1 space per every 1,000 SF of warehouse and 1 space per every 275 SF of office areas, to instead allow the wholesale warehouse facility planned within the City Gate Commerce Park MPUD (SDP-PL20200002112) to provide 1 space per every 4,000 SF of warehouse and office areas. 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. 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. City Gate Commerce Park MPUD PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted Q 0 a m U 0 0 0 0 N O N J a N M O 24 Packet Pg. 1534 17.A.2 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 (hereinafterthe 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 25 Packet Pg. 1535 17.A.2 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted Q 0 a m c� U 0 0 0 0 N 0 N J a N M 0 26 Packet Pg. 1536 17.A.2 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 facility shall never be managed, owned, or operated by a professional sports team. Q Professional teams may lease the facility for events and games by Board of County a Commissioner's approval. c� c. Passive Recreation (such as, but not limited to, walking, hiking and/or biking trails). v 0 d. Any uses that are complimentary to and in support of the Recreational uses. 0 0 e. Hours of Operation for Outdoor Activities (May not Exceed): N 0 N 1. Sunday through Thursday — 7AM to 10PM (weekday holidays, recognized by a Collier County Government, are subject to the Friday and Saturday time schedule rN, 0 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 h. Medical Office, for Collier County Employees, shall be permitted. 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 P U DA-P L20200001448 February 9, 2021 27 Packet Pg. 1537 17.A.2 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 o a e. Any other use which is determined by the Board of Zoning Appeals to be +; c� comparable and/or compatible with the listed permitted uses. U B. Accessory Uses: ao 1. Accessory uses and structures which are customarily associated with the permitted uses o 0 0 0 2. Project sales and administrative offices and facilities c N J 3. Signs as permitted by the Collier County Zoning Ordinance in effect at the time of a N M application for the sign permit and as subject to Section 2.7 in this document. o 4. A maximum of s (7) ten 10 caretaker's residences, within the PUD, subject to N ti Section 2.7 of this document. N 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 28 Packet Pg. 1538 17.A.2 3.3. DEVELOPMENT STANDARDS A. Minimum Parcel Size: West of F. P. & L. easement: 1 acre East of F. P. & L. easement: 3affe 0.25-acres Q B. Minimum Parcel Width: a West of F. P. & L. easement: 150 feet +; c� East of F. P. & L. easement: 1-50 50 feet U o C. Minimum Yards: 0 West of F. P. & L. easement: front, side and rear yards: 25 feet unless adjoining o 0 N parcels are jointly planned, in which case the adjoining side yard requirements may N J be waived or modified during the SDP approval process. a N M O East of F. P. & L. easement: Front yard — 50 feet Rear yard — 50 feet Side yard — 25 feet for parcels that are 1-acre or greater in size and 7.5 feet for parcels less than 1-acre in size, 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 29 Packet Pg. 1539 17.A.2 Lots abuttingsurrounding the Lake and Recreational Tract (Tract RL), known as the Tract RL Campus, shall have the option to eliminate the .p--,. AM .,eFtien f the .�-.. Required Yard along the shFedpFeperty beun aFy w0thTr;;4 R1 or portions of Required Yards, provided that the total required native vegetation is met by expanding the remaining Required Yards on the same Lot and/or by providing the required native vegetation within a different Lot located within the MPUD boundary %vithom the let seekiRg Fedw tier aleng the lake hank. The location of required native vegetation for each Lot shall be shown on the Site Development Plan, including designating the location of relocated required yard, as applicable. Refer to page 4B of the Master Development Plan and Exhibit I of the Exhibit A-6 Reauired Yard Plan. 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 z r water features, walks, terraces, courtyards and other pedestrian spaces when such Q non -botanical features do not exceed 15% of the required area. City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted PUDA-PL20200001448 February 9, 2021 30 Packet Pg. 1540 17.A.2 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 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 Protect: Zoned Height: 7590-feet Actual Height: 8&100-feet; except flagpoles may be extended 40-feet above the Actual Height per Deviation #4 within this document. Q 0 a m c� U 0 0 0 0 N 0 N J a N M 0 Taller buildings may be authorized upon application, following advertised public `L 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 City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted PUDA-PL20200001448 February 9, 2021 31 Packet Pg. 1541 17.A.2 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 ne.the.^ *.r_r+'i.^^ ^{*"^ ' ;;'-^ .,nd °^r-r^;+0^^;;' T"^"* City Gate Boulevard North, that include uses that are compatible and complementary to the Sports Complex Project. (Refer to Exhibit A-1, Page 4A of 4-314). 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 Q 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. City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted PUDA-PL20200001448 February 9, 2021 32 Packet Pg. 1542 17.A.2 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. 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 33 Packet Pg. 1543 17.A.2 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. City Gate Commerce Park MPUD PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 34 Packet Pg. 1544 17.A.2 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 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. 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). 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. City Gate Commerce Park MPUD PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 35 Packet Pg. 1545 17.A.2 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 36 Packet Pg. 1546 17.A.2 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 PUDA-PL20200001448 February 9, 2021 37 Packet Pg. 1547 17.A.2 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 38 Packet Pg. 1548 17.A.2 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 39 Packet Pg. 1549 17.A.2 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 40 Packet Pg. 1550 17.A.2 City Gate Commerce Park MPUD PUDA-PL20200001448 February 9, 2021 EXHIBIT A-1 (PAGES 1-4314) 41 Underlined text is added; Struck through text is deleted Packet Pg. 1551 17. l96'Id 0 nMVAalnnFA ,i ------------ �� III r/ \� �J III li 11 cm CO Z 0 H U w Iwo to N Z w 0 �ZIL W � Z v � LL 0LL -U J U) azw _ � J x00 U 0 Z W 2 H Z z QOJ a a w W Z Ada 2 U> Foo0 2 C7 L w } p Uda 2� Packet Pg. ❑N yy�W FyF JmU odLL W� w ,zz n0 O0 m Z>> 0og LL¢a a zr U 'Om r mmx ¢ w❑w ¢a2 Z. 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I 17.A.2 I I � I I I I PROPOSED CANAL 1 1 , DIVERSION �\ I 1 POTENTIAL I 1 ACCESS I 1 I POINTS 1 I 1 1 I j1 1 I 11 1 1 I 11 ' SPORTS COMPLEX EXTENSION 1 I 1 1 1 -1 1 l 1 I 11 I 1 I 11 1 I o 11 1 SPORTS COMPLEX EXTENSION PRESERVE i Lu 1 O 1 III o l l I 1 POTENTIAL l ACCESS 1 I 1 1 POINTS 1 I - 1 I WWyW � �I 1 WyWmW I I I yW*WWWWWWWWW 2 "COLLIER COUNTY II I I 305" 1 1 1 1 ABUTTING COLLIER COUNTY I\ OWNED PROPERTY I 1 W W W W W W W W W // \ SPORTS COMPLEX EXTENSION PRESERVE PROPOSED 1 1 CANAL DIVERSION CC 305 PRESERVE 1\ \\ PRESERVE 1 WWWWWWWW* II I \ \ I W W* W W W& W W W I& W yW iico ail O O I —�I (N] o 150 300 600 SCALE IN FEET 4365 Radio Road, Suite 201 DCZ Na aFlorida 34104 P. 239.434.6060 DAVIDSON F: 239.434.6084 CompanyAuthorization [ 9.EBQ171HG -:: YE�fr , 00009496 LEGEND PROPOSED PRESERVI PRESERVE CALCULATION SPORTS COMPLEX EXTENSION PRESERVE REQUIRED: 15% OF EXISTING NATIVE VEGETATIOP 0.15 * 90.98 = 13.65 ACRES PRESERVE PROVIDED: 13.65 ACRES SPORTS COMPLEX EXTENSION PRESERVE PROVIDED PRESERVE AREA ACRES AREA #1 4.37 AREA #2 9.28 TOTAL 13.65 PRESERVE CALCULATION COLLIER mi INTY DOE, PRESERVE REQUIRED: 15% OF EXISTING NATIVE VEGETATIOP PRESERVE PROVIDED: 19.42 ACRES "COLLIER COUNTY 305" ABUTTING COLLIER COUNTY OWNED PROPERTY PROPOSED PRESERVE PROVIDED PRESERVE AREA ACRES AREA #3 19.42 TOTAL 19.42 NOTE: PRESERVE AREAS ARE CONCEPTUALLY SHOWN AND WILL BE DETERMINED AT THE TIME OF SDP PERMITTING NOTE: SEE DEVIATION #25 NOTE: PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4.06.05 E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07 (SPORTS COMPLEX EXTENSION ONLY) REVISIONS 1. REV. PER CC RAI COMMENTS - 11/24/202 SHEET NO: CITY GATE COMMERCE PARK IPUD EXHIBIT A-1 PAGE 3 OF 14 MASTER DEVELOPMENT PLAN PRESERVE EXHIBIT 44 Packet Pg. 1554 O O ON w zaw3� F a N d U W wU W tnr wQ z o z ww0 w zOXzz rowwmk liia ¢awl r UU�rm z°O UO Od M❑ MOO aasoaoad / / I N j U O N ¢z z w Z a W Z O w M r d a XIM a I N O I a m ❑�� Q z O � ❑�� N Y r SZ LLo< zr a U �Om r U � mmx w❑w ¢ O z ¢ax UZH w ❑ Qxz U w w UOrril zz w)moz F OJ O N ❑ r M � r � M z 3nlad P w _ ❑O r m o w w rU � UW❑ z W Z= M R W Kwm w aF OF 39 z O W W 0Z > U F gX W w Q Of w o U W (D ,Q > a � O ¢w n W� J � N z a a U `. 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Packet Pg. F. 2 O U m 2 O F- LU 0 LL O w m :5 0 \ / 0 \ < 0 LU z 19 � 0 a H a � 0 / � 0 � c � k z g z k D z 0 « \ \ } � : a \ 0 u \ $ 0 \ e z < s u \ � / u / \ / < J < 0 � g \ _ < \ y z 0 \ / 2 0 / / s 0 u 0 / < 0 Co � Co § LU u < z / 0 \ / \ 0 Co < J Lu z 0 ■ 3 _ / ƒ 0 � g \ ± k \ < / / j 0 / LU _ / J 0 z 0 \ 0 \ ƒ z � 10 0 \ / z 0 e 3 e ƒ 0 ƒ @ \ 3 z � � 0 z / 0 e z ƒ 7 > 0 i= \ O 0 0 u 0 E / u 0 ƒ / / 0 / 0 \ � 17. ., \ }\} \}\ , _ _ /i\ oE> Lam§ \\k\}3 [ �§w(§) �§°§» 51 I Packet Pg. H Z 0 U U) Z Q LU 0 LL O J a 0 • • • 0 LU Q a W Co V7 w J N Q V) Lu w U U Q z Q Ln >Q w Cr 0 H U W O a w a O U U W O w a x W J d O U H O N cQ G z O Q F- LU 0 N 2 H 17. n Y � Z < L J v N p d CL C� W Z w d O 0 paw U,> U)0 _ 0 K O a ' Q Z U W (n j w > to w w w U I o mc�o a�iav Na�U No nLLrn ptc N E 6 as UQZ Z 52 Packet Pg. 17. 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H Z O U U) Z O Q W 0 LL O J L/I w Q 0 z Z) O m LL O W H W LU 00 LL O H z w u O p 0 a w L.L O N L1 O N W a a W'zo',-, e a. 56 Packet Pg. �4z k§ LU IL I c o / / ) e ILU 0 2 U 0 \ / § 3 ƒ _ ± \ E \ § \ $ ] CO 2 0 < } uu> / R k § - m B.. / ƒ § < Co ) k ) $ 7 / Co $ $ 2 =(}/ ® / E c * z o m k � z « ® 0 _ 0 » 1 E // V) \ I 0 o I o 0 cc \ 0 LU LU LU $ 2 \ I I � e > LL ± R 0 cr \ LE o « m 0 k % z LL \\ L0 \k < R \ + 2 cr / f Lu m - k / V) 3 k / LU > % % LU LU 7 k E _ 3_ � � / z F- < < u 4 U R Lu u � Ln - 0 R / \ $ 0 \ k Lu W% k y� « � 'I.R z $ \ N o 0 L a- 7 cr� \ k / L $ LU LU � a Ln I« cr m / L o o \ � Z / a- / LU < \ � $ C4 $ 2 c $ F- 0 ± = e > e f z o LU \ E � « c \ / « Ln _ / 0 0 k ® \ \ a 3 0 / m � R LU u LU U -i 0 u LU u u V) z 0 0 q / 9A co C o z R I L LU L < qL± / < � L LU w E < z 2 < z � or E > Lu / U 0 � a z E w u 2 � I / 0 f o k I o q LU \ z - � / /or S J b $ ¢ _2 }\o 7 LL Lu LLI z R > 7 0 F- aLLJ � i a Q \ z Lu z LU . 0 z Z % z W;-f - LL > « > / o b�� R R a �� A -_,.__,I. _____-_,_ __—,— __-, 1 M � a LL � O O � w w O O E p 6 � 6 3 N 3 N 3 N u Z O OIn In 4+ O O O O O O O O O O O E p0 Ln O O O O p O O O O C W Q O M Ln N v l0 O M N 00 O O V M Ln00 � c-i l0 00 C Q 3 O '� m a 1 ,.. M W N V) O M O N O lD M r-I N l0 l0 Q- CA 0 N r-I N NM Ln N N M� W W h a+ O n x u W CL CA o o m � o 0 0 0 `r1° � ^ LnLn Ln Ln M Ln N M Ln Ln N � y a a Y L a � L H w ou m r- LD r, k.0 Ln °° Ln m Ln Ln N M N M O 3 Q U m 0) a+ C7 M 4-1 U m pp N N >1 r-I l0 Ln N N N N r_ � � w t a W J m � y a 4' aJ >1 N lD Ln N N N N N O E�+ T fl_ O C O N � C .a �I ri rl ri rl ri Ln N Q m cn M = m N M — 1-1 7 m = I c-I c-I i rl ri M i (y i i cn L F- aJ � O O Z Vol —i c-I c-I c-i e-i i i Ln i i i i cn 'A O �- C L M M Ln ON M l0 OC Ln Ln O Q O 00 t N aj C O f0 U O C �n C Vf L f6 dA C a) aJ (V y pon U •L_ f0 OD fa O v� f;6++ V C OC U O Q O O bA O p > _' +p *' i N O dA a1 N 7 In f6 O �a YO t E f6 to O '� N _U CCA C .� N L Q — ,� N E .� 0 O u Q - N O N C d U 7 = U _ U N Y O U N �_ L a, �"� _ E i �••� VI ++ L i O Y to i L to O C M �� dA L � N aU O N a1 Ln = DC d' E L1 o J CL-0 of V)-0 N u CL Packet f i Z o M LL O N W Q a N Q r �.H.L E E ~ 0 O � O O +' N O p 6 a+ y X oo ° o^ 0 0 'o" o a E �' LA O E a Q C M N N 00 Q C N N N i S 7 3 a - m Co te El Eml 00 0 w Co _ O N 00 .--I M I� O ^ v Note: Table 12.13.3 applies only to the Existing City Gate Commerce Park MPUD. The Sports Complex Exte 17.A.2 included. EXHIBIT A-2 (PAGE 3 OF NOTES: (1) The hotel/motel designation contemplates full service facilities which incorporate overnight accommodations, restaurai and lounges, conference and business meeting facilities, recreation and other ancillary uses which are characteristic of lar€ hotel/motel complexes. It is anticipated that initially developed motel facilities will be much more abbreviated than the fL service facilities which will emerge during project buildout. a (2) The restaurant/lounge category constitutes food and beverage service facilities which are independent of those which ai incorporated in the hotel/motel complexes. It is estimated that this category will consist of two quality restaurants (order ; - table from menu), aggregating 16,000 square feet of floor area; and two fast turnover restaurant (cafeterias or food servi( M at counter) aggregating 17,200 square feet of floor area. Three of the restaurants will be located on the western portion the site where they will be accessible to both highway travelers an the large number of employees within the project. t) 0 0 (3) Parking space and employment estimates were largely based on ITE standards and averages cited by Urban Land Institul N publications. When definitive published parking and/or employee standards for a specific land use were not available, tf• N estimates were based on published standards for the most similar uses. The estimated employees include those wi- a normally spend all or most of the work day within the project, i.e. office workers, sales personnel industrial worker N M employees who shuttle to and from their place of employment during the work day, i.e. delivery truck crews; and employe( who seldom visit the project, i.e. manufacturer's field representatives. It is anticipated that many of the uses within tf• project will be served by common parking pools which increase the efficiency of the parking space utilization. The employe( ti estimated for service station, hotel/motel, restaurant/lounge, and perhaps other uses will be spread over two and, in sorr C, 0 cases, three shifts within a 24-hour period. (4) The aggregate of the following group of uses is "Industrial Development": 12.13.3. land use "rows": 1.) ligl manufacturing; processing; storage and distribution 1,520,000 sq. ft.; 2.) Research, testing, development 100,000 sq. ft.; Service and repair businesses 160,000 sq. ft.; 4.) Showrooms and sale centers 60,000 sq. ft. 5.) Publishing, reproductio communications 80,000 sq. ft. The total Industrial Development is 1,920,000 square feet of industrial buildings. City Gate Commerce Park MPUD PUDA-PL20200001448 February 9, 2021 60 Underline text is added; Struck through text is deleted Packet Pg. 1570 17.A.2 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) 12. Eating and Drinking Places (SIC 5812 and 5813, excluding bottle clubs) 13. Education Plants and public schools, with an agreement with Collier County, as described in LDC section 5.05.14. 14. Educational Services (SIC 8221-8299) 15. Engineering, Accounting, Research, Management, and Related Services (SIC 8711-8748) 16. Essential Services, subject to LDC Section 2.01.03. 17. General Merchandise Stores (SIC 5331 and 5399) 18. Facilities with Fuel Pumps (5541) 19. Health Services (SIC 8011-8099) 20. Home Furniture, Furnishings, and Equipment Stores (SIC 5712-5736) 21. Hotels, Rooming Houses, Camps, and Other Lodging Places (SIC 7011, 7021 and 7041) 22. Insurance Agents, Brokers, And Service (SIC 6311-6399, 6411) 23. Justice, Public Order, And Safety (SIC 9222, 9224 and 9229) 24. Legal Services (SIC 8111) 25. Membership Organizations (SIC 8611, 8621, 8641, 8661 and 8699) 26. Miscellaneous Repair Services (SIC 7622-7641 and 7699) 27. Miscellaneous Retail (SIC 5912-5963, 5992-5999) City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted PUDA-PL20200001448 February 9, 2021 61 Packet Pg. 1571 17.A.2 28. Motion Picture Theaters (SIC 7832) 29. Motor Freight Transportation and Warehousing (SIC 4225, mini- and self -storage warehousing only) 30. Museums and Art Galleries (SIC 8412) 31. Non -depository Credit Institutions (SIC 6111-6163) 32. Personal Services (SIC 7211,7212, 7215-7217, 7219-7299, except barber and beauty schools) 33. Public Administration (SIC 9111-9199, 9311, 9411-9451, 9511-9532, 9611-9661) 34. Real Estate (SIC 6512, 6531-6552) 35. Security and Commodity Brokers, Dealers, Exchanges, and Services (SIC 6211-6289) 36. Social Services (SIC 8322-8399, except homeless shelters and soup kitchens) 37. Taxicabs (SIC 4121) 38. Transportation Services (SIC 4724, 4725 and 4729) 39. United States Postal Service (SIC 4311, except major distribution centers) 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 maybe 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, including grassed parking areas for the use of overflow parking for the Sports Complex Project). 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 PUDA-PL20200001448 February 9, 2021 62 Packet Pg. 1572 17.A.2 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). 15. Education Plants and public schools, with an agreement with Collier County, as described in LDC section 5.05.14. 16. Educational Services (SIC 8211- 8299). 17. Engineering, Accounting, Research, Management, and Related Services (SIC 8711- 8748). 18. Essential Services, subject to LDC Section 2.01.03. 19. Fabricated Metal Products, Except Machinery and Transportation Equipment (SIC 3411-3479, 3491-3499). 20. Facilities with Fuel Pumps (SIC 5541 limited to one). 21. Food and Kindred Products (SIC 2022 - 2099). 22. Food Stores (SIC 5411-5499 with 12,500 square feet or less of gross floor area in the principal structure). 23. Fuel Oil Dealers (5983). 24. Furniture and Fixtures (SIC 2511-2599). 25. General Merchandise Stores (SIC 5331 and 5399 all with 15,000 square feet or less of gross floor area in the principal structure). 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. 27. Health Services (SIC 8011-8099 except drug addiction and alcoholism services / hospitals). 28. Heavy Construction (SIC 1611-1629). 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. 30. Hotels, Motels and Other Lodging Places (SIC 7011-7041 except Rooming Houses and Camps). 31. Industrial and Commercial Machinery and Computer Equipment (SIC 3511-3599). 32. Insurance Agents, Brokers, and Service (SIC 6411). 33. Insurance Carriers (SIC 6311-6399). 34. Leather and Leather Products (SIC 3131-3199). 35. Legal Services (SIC 8111). 36. Local and Suburban Transit and Interurban Highway Passenger Transportation (SIC 4111-4173) 37. Lumber and Wood Products (SIC 2426, 2431-2499). 38. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks (SIC 3812-3873). 39. Membership Organizations (SIC 8611-8631, 8641, 8651, 8699). 40. Miscellaneous Manufacturing Industries (SIC 3911-3999). 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. 42. 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 PUDA-PL20200001448 February 9, 2021 63 Packet Pg. 1573 17.A.2 43. Motion Picture Production (SIC 7812-7819). 44. Motor Freight Transportation and Warehousing (4212-4226 except oil and gas storage, and petroleum and chemical bulk stations). 45. Museums (SIC 8412 limited to not for profit organizations). 46. Non -depository Credit Institutions (SIC 6111-6163). 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. 48. Personal Services (SIC 7211— 7219, 7231— 7251). 49. Printing, Publishing, and Allied Industries (SIC 2711— 2796, except Paper Mills). 50. Real Estate (SIC 6512, 6531— 6552). 51. Rubber and Miscellaneous Plastics Products (SIC 3021, 3052, 3053). 52. Security and Commodity Brokers, Dealers, Exchanges, and Services (SIC 6211— 6289). 53. Stone, Clay, Glass, and Concrete Products (SIC 3221, 3231, 3251— 3273, 3275, 3281). 54. Textile Mill Products (SIC 2211— 2221, 2241— 2259, 2273 — 2289, 2297, 2298). 55. Transportation Equipment (SIC 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 56. Transportation Services (SIC 4724-4783, 4789 except stockyards). 57. United States Postal Service (SIC 4311). 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). 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). 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 64 Packet Pg. 1574 17.A.2 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, including Medical Office for Collier County Employees 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 PUDA-PL20200001448 February 9, 2021 65 Packet Pg. 1575 17.A.2 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 ii. 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 PUDA-PL20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 66 Packet Pg. 1576 H Zr- LU p, 2O W R Q wIt LUY O Zm agK Ma LO 0 H Z W r w r W CoU) N wCD a } Ln Z)o N O 0 w 0 LL Cl w O� ww �w LL Z m EL- = p0 zz J = Oa z cn W r r oQ a / LU W Q � Z U d V / r I I I I L.B. I I F I zw0 C.U.E. D LL of p J In U w cn F U U L.B. 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D LL W OW (n ?:W (A U U BUFFER W Q I I I BUFFER i O W J i (Dz� Q LL J 0 LL Q W ❑((jp W Z (� D W H/y m Of O Z 68 17.A.2 u1 TA ( U Q ❑ J U LL= ❑OOF w 0� w 2 m N pOZ�Z m 2i = LL UU) zW c� c� O X O aLLaadLLI O(zn W LL V Q Z (� U L J, J N W 0 C (U 0' Z Q a Q ~=U[OZLLQ JHD —Q LLU (D Q0 XJpppO z U Z Lu L H z �000��J w �V �=W-aw< L L -J 2 <LLUpO Q>Q(n N-Q W �(Cn¢ ❑ O OUP U Q Q N (n Co F W LLJ LU J jJ Z Z O W J Q N O c i c L IL r (� L r < O L O O L C N O < J La L h N - M O i C ( Q ( d t V L M c Q( c .i+ N do C H' N m � � 5 m M-AH .V < Q 181 18 OIL �0Z E ZQ ZZ W �W 2 j i�5 C ( LJ 0 L W Packet Pg. 1578 17. N w aim a�- 2 w X (7 w waz Z 0Q0 O m� w QX0 C7 w z >-007 U0N Packet Pg. 69 7 E 110;,0 / UzU)e owG�0-o k`� .� \ | � .s | - . I [% .| .� °LLJ Z Lq j V5 / ° °§ L ƒ Packet Pg. 1580 EXHIBIT A-6 (PAGE 1 OF 30) 17.A.2 I. CITY GATE "REQUIRED YARD" PLAN 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 #2020-13, adopted on March 24, 2020. 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), City Gate Commerce Park MPUD P U DA-P L20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 71 Packet Pg. 1581 EXHIBIT A-6 (PAGE 2 OF 30) 17.A.2 Development Order Amendment 95-2 (adopted February 21, 1995), Development Order 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 2020-01, adopted on March 24, 2020. 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 Ming surrounding the Lake and Recreational Tract (Tract RL), known as the Tract RL Campus, shall have the option to eliminate the roar or a pot4ion of the roar Required Yards-aleng the shared pr-epeAy betmdafy with Tr-aet RL or portions of Required Yards, provided that the total required native vegetation is met by expanding the remaining Required Yards on the same Lot and/or by providingthe he required native vegetation within a different Lot located within the MPUD within the lot seeking ,.oa,,,.tio along the lake . The location of required native vegetation for each Lot shall be shown on the Site Development Plan, including designating the location of relocated required yard, as applicable. Refer to page 413 of the Master Development Plan and Exhibit I of the Exhibit A-6 Reauired Yard Plan. 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.) City Gate Commerce Park MPUD P U DA-P L20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 72 Packet Pg. 1582 EXHIBIT A-6 (PAGE 3 OF 30) 17.A.2 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). 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 26-29 of 29 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, 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 Lot, 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 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 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 City Gate Commerce Park MPUD P U DA-P L20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 73 Packet Pg. 1583 EXHIBIT A-6 (PAGE 4 OF 30) 17.A.2 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. D. Up to 50% of the required native vegetation for the Sports Complex 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 City Gate Commerce Park MPUD P U DA-P L20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 74 Packet Pg. 1584 EXHIBIT A-6 (PAGE 5 OF 30) 17.A.2 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 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 City Gate Commerce Park MPUD P U DA-P L20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 75 Packet Pg. 1585 EXHIBIT A-6 (PAGE 6 OF 30) 17.A.2 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. 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 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 City Gate Commerce Park MPUD P U DA-P L20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 76 Packet Pg. 1586 EXHIBIT A-6 (PAGE 7 OF 30) 17.A.2 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. 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: I . 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". City Gate Commerce Park MPUD P U DA-P L20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 77 Packet Pg. 1587 EXHIBIT A-6 (PAGE 8 OF 30) 17.A.2 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. 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; 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, as needed, to prevent the spread of wildfires. City Gate Commerce Park MPUD P U DA-P L20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 78 Packet Pg. 1588 17.A.2 EXHIBIT A-6 (PAGE 9 OF 30) 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 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. City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted P U DA-P L20200001448 February 9, 2021 79 Packet Pg. 1589 17.A.2 EXHIBIT A-6 (PAGE 10 OF 30) B. FPL EASEMENT LOTS: Those Lots adjacent to the 170' wide Florida Power & Light easement. 1. SETBACK: There is no setback from the 170' wide Florida Power & Light easement. VIII EXHIBITS OF PLAN: Attached hereto are Exhibits "A — I4I". 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 P U DA-P L20200001448 February 9, 2021 Underlined text is added; Struck through text is deleted 80 Packet Pg. 1590 EXHIBIT A-6 (PAGE 11 OF 17.A.2 z W� ~ O� Uof U a J LU J U) z 0, O g p W~ w ¢co cwn >�� min m N z _ Z:= a� m Qua oLL 0o LU z�Q wz O W W d' W 0¢ LL m U r w �a W LU �w �x U �zjz0a W LL of zLL O- D p2~LL LL QpLLl Q a Q O H z ~ J > LU Qm O� ��C�x�O (j c9LL u'Q w� Q �wzowp 6> Y p p U J Z � W Z w U� pz 0 LL Of<OfzQOf� �U d QO LU¢ pm0aHQ�C7` z(D(D Z Z H O a-W O Z U) Cl) O H �w + + + \ W J w + + + + + + / \\ ? Q co co Q +++ Of oo Z++++ Z W ++ �H LL m LL O I J + + + \\\\ j� J U) CO + + + [If LU L.B. i W F + + + /. Z o \ J LU w / W LL LU CD U)I w ro W m U~ LU x IQ LL j LL 0 Z H w� I }pp m 00 \\�� m QLUO <0 � I Z Q I H F J J H Qa QW � C.U.E. O J � �� /\\i, Grp Lu Q Q �J wa UJU Z + + + \ �� O� �H W / \� U) } n I w w F + + + p Z co U I a + + W F L.B. X Q co + + + /\ V) Co LL o w adH + +\\/\ rri of J m W + + + O 2 2 Z (n L.B. w F a U + + x H o 00 Cn p w'Mom� Z W Q p sae' m O U O �LL�`Yo UQ Q Ada �z D W m ' x LL w W J T J Z L w LU z � Lu 0i a � v � cf) > Q EXHIBIT A EXHIBIT A-4 WITHIN PUD PAGE 1 OF 2 ca D d d �U Go O O O O N O J N M O Lo L ^ 81 Packet Pg. 1591 EXHIBIT A-6 (PAGE 12 O 7� w� �Q ocnLL= w m N LL wm X a O Zpp a a�gaap� 0 N m"o��Z�, w w o=vQ a Q J H�mz WU' d- <oXgmo z Y o� W w 2 Z w H o Z H Q U Q �=ooCj�Qo D�moWF-ow � a. Z J J 0' LL J — <LL 0 Q(nNQo_' + + + 7 _ ++ O J J Z Z O W a W Q w Z + + + U W OLU Z +++ + + + + + + BUFFER + + + W + + + + + W I W W + + "\\/ W W V)d + + + \ \\\m LL LL m LLL o Wy Z } Q m + + + + ++LL / //\\// Co QO g� I J Q I 2 + + + // 2 QQ yy� C.U.E. II Q J w �O + + + \ \\\/ p CL WEL Z)p BUFFER W Q O w + + + \ w O w o LL- + + N m + + + \\\\/ m o BUFFER ++++++ w m o = J W + + �� /A H Q p + + LL J Z Q ( J ( W _-- D �oF c7 07 Z W o Q J LL 8 dQw (nC) 0 0 U) Q p m °v¢'g W Z Fn OZ) U O �LLNN�o m H U Q Q o ,d: ry LU 0 Q N m2 E U Of ZZ Ui W m ' LJ W J Ld J zli o L J Sn., Q /1 N O �`y EXHIBIT A (EXHIBIT A-4 WITHIN PUD) PAGE 2 OF 2 i 82 Packet Pg. 1 2 EXHIBIT A-6 (PAGE 13 17.A.2 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. I. 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 PUDA-PL20200001448 December 4, 2020 83 Packet Pg. 1593 EXHIBIT A-6 (PAGE 14 OF 30) 17.A.2 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 29 30. 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 Myrsine floridana Ilex glabra Rhus copallinum wax myrtle myrsine gallberry/inkberry 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 City Gate Commerce Park MPUD PUDA-PL20200001448 December 4, 2020 84 winged sumac Packet Pg. 1594 17.A.2 EXHIBIT A-6 (PAGE 15 OF 30) EXHIBIT C EXHIBIT C (PAGE 2 OF 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 Saccharum giganteum Spartina bakeri Tripsacum dactyloides Piloblephis rigida Aristida spp switchgrass giant plumegrass sand cordgrass Fakahatchee grass Florida pennyroyal 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. City Gate Commerce Park MPUD PUDA-PL20200001448 December 4, 2020 85 Packet Pg. 1595 17.A.2 H z af � w � z w z N w D a m w w F a W W N z Z F EXHIBIT A-6 (PAGE 16 OF 30) EXHIBIT D (PAGE 1 OF 10) UU UU UU ee ee vh Q; 0 0 k N U 2 QCoo E �"C W`>O Z) ~ ju ¢i 3 O W - ¢ J = eLQQ Co 2 Q¢¢ �ZZ, 00 WQ� WW UtiWW N IIND 11 Of Q d d fC U O O O O O N O N J a N M O Lo MV Packet Pg. 1596 0 U 000 r) 4-0 x w W 4-0 0 QL E 0 U J z U w r� V z w 0 J 0 V N , EXHIBIT. A=6 (PAGEA7 OF, 17.A.2 ' EXHIBIT D (PAGE,2'OF 10) . . . . . . . . . . . i + , , , + Y 1 , ! ! , � ! + O ! O ! ' C ' N , , d , , N 2 ' ' O O , 1 Lo ! 1 r + ' ' N ti - r _ + N ! ! ! 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' , CM , Packet Pg. 1603 N Co 1-7 0 U w x w a) .tf U) 0 E 0 U CJ) N Co 7 d- 17.A.2 EXHIBIT A-6 (PAGE 24 OF 30) EXHI6!ITD (PAGE 9 OF 10) T- N Co N Co 94 Packet Pg. 1604 17.A.2 EXHIBIT A-6 (PAGE 25 COMPOSITE EXHIBIT D "KEY TO LOT: ' `I \I COLLIER COUNTY WATER TREATMENT PLANT IN 11 12 14 15 16 / 17 LOTS 2 & 3 SDP EXAMPLE #1 EXHIBIT D (PAGE 10 OF 10 Q 3 15'DE 4 5 6 5' DE to Fco 715'DE O O NCDNJa r� cm LOTS 7,8,9,10 SDP EXAMPLE #3 LOTS 15,16,17 SDP EXAMPLE #2 19 1 20 95 Packet Pg. 1605 EXHIBIT A-6 (PAGE 26 OF ualela A.APNeu0... 4d uoUlPN-N 6LR'bZ'b Ltl 0 " e aaNslsa SZZtrf6816ff) 60fbb —(Ow V oos311ns '133i11S NIVW H1nOS 65L �ll'NMN 058 8 Jll 'll 'J'J '�111N3WdOl3n3O 31tl'J AlI� il9lHX3 3SVHd S1NNYMMOMJ NOUVi3J3nlvdniVN �wl �aN p M I [p M i N� f��/i�i` andw Navd 30a3wwoo 31vo ulo SNOISIn3tl z Ow 0 z w� ww w a>K a>w zz < W ¢ z a0 LLJ w o a� a + + + + + +++ Ill +++++ + (n W + + j+ + Q Z + + + =O + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + w + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + p + + + + + + + + + + + + + + + + + + + + + + + + I w + + + + + + + Ld II z O Q W J W In a (n Q Q S _ aQ a ar a 00 0 z z oo 0 w ¢a Q w w 0 z_ CD N > _ > � w wwa > >0 <o <Q awe a zo(n zIn W J 0_ W w00 w zQ 0o ° LLj o0 W Z O 0 H z O w¢z . 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V W z w R Z a z �¢�a3W¢ WN /// / // ° zorom / / // wo No m ¢ a 3 �� / //�r - �.Ima °U- 3 �mov, E o 6 Oatln3lnos jl jl a a o a Z z / z o w Wx mo I� Wo a 47 ---- -- ---- //---------- 0: a�--- --- ----- i JL_ -- h• _ - ------------�--------------` ] a 100 Packet Pg. 17.A.3 Coder 4c -r rxty Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach, AICP, PLA # 1244, Principal Planner Zoning Division, Zoning Services Section From: Sue Faulkner, Principal Planner, and David Weeks, Growth Management Manager Zoning Division, Comprehensive Planning Section Date: December 4, 2020 Subiect: Future Land Use Element Consistencv Review PETITION NUMBER: PUDA — PL20200001448: REV 2 PETITION NAME: City Gate Commerce Park Planned Unit Development Amendment (PUDA) REQUEST: The petitioner is proposing: • Increase the development intensity for the Sports Complex Extension (addition of f 10,000 SF for medical office for essential service personnel only). • Increase the trip limitation for the Sports Complex Extension, pursuant to the addition of medical office. • Update to Deviation #6 "Directional Signs within the MPUD", to request an increase in the number and size of directional signs permitted. • Update to Deviations #13 and 15-17 "Parking- Sports Complex Project", to include Lots abutting the Sports Complex Project. • Increase the number of caretaker units to a maximum of ten (10). • Addition of Deviation #34 "Off -Premise Directional Sign -South County Water Treatment Plant", to permit an off -premise ground sign for the County Water Treatment Plan within the City Gate Commerce Park MPUD. • Addition of Deviation #35 "Parking Requirements - Uline", to allow Uline to provide a minimum of 250 parking spaces to meet actual parking demands. • Reduce the minimum parcel size to 0.25-acres and parcel width to 50', east of the FPL easement. • Addition of language to the PUD and RYP to allow Lots surrounding the Lake and Recreational Tract the opportunity to combine Required Yards, provided that the native vegetation requirement is still met. The Lots being included will be known as the "Tract RL Campus" and an exhibit defining the subject area has been added to the Master Plan and Required Yard Plan. • Increase the maximum zoned height for the Sports Complex Project to 90 feet and actual height to 100 feet. • Update the location of Lots that are permitted the same maximum building height as the Sports Complex Project (updates made to Section 3.3.E of the PUD and page 4A of Exhibit A-1 — Master Development Plan). • Update to the Master Plan for consistency with above mentioned requests. • Update the SIC Code List to permit Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104. 239-252-2400 Page 1 of 2 Packet Pg. 1611 17.A.3 o Grassed Parking Areas for the use overflow parking for the Sports Complex Project on Lots East of the FPL Easement o Medical Office for Essential Service Personnel only within the Sports Complex Project LOCATION: The 419.60-acre subject site is located in the northeast quadrant of the intersection of Interstate 75 (I-75) and Collier Blvd. (CR 951), lying south of the Golden Gate Canal, east if Collier Blvd. (CR 951), and north of Shaw Blvd., in Section 35, Township 49 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The western portion of the subject site lies west of the Florida Power and Light (FPL) Easement (29.27 acres + 7.18 ROW acres = 36.45 acres) and is depicted as Urban Designation, Urban Commercial District, Mixed Use Activity Center #9 on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The eastern portion lies east of the FPL Easement (159.45 acres for Lots + 30.90 ROW acres + 13.84 Lakes and Recreation acres+ 113.13 acres (Sports Complex Extension) were added to the 65.83 acres Sports Complex = 383.15 acres) and is depicted as Urban Designation, Industrial District on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The total acreage is 419.60 acres. The South County Regional Water Treatment Plant is not part of the City Gate Commerce Park PUD. The City Gate Commerce Park MPUD states that it is planned as a mixed -use, non-residential, commercial/industrial/office/related services project. The Future Land Use Element (FLUE) states Mixed Use Activity Centers are intended to be mixed -use in character. Further, they are generally intended to be developed at a human -scale, to be pedestrian -oriented, and to be interconnected with abutting projects — whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with abutting properties, where possible and practicable, are encouraged." The FLUE goes on to state, "Allowable land uses in Mixed Use Activity Centers include the full array of commercial uses (C-1 through C-5), residential uses, institutional uses, hotel/motel uses at a maximum density of 26 units per acre, community facilities, and other land uses as generally allowed in the Urban designation. The actual mix of the various land uses shall be determined during the rezoning process based on consideration of the factors listed below." CONCLUSION This PUDA petition may be deemed consistent with the Future Land Use Element (FLUE) of the Growth Management Plan. cc: Anita Jenkins, AICP, Director, Zoning Division Raymond V. Bellows, Manager, Zoning Division, Zoning Services Section PUDA PL20200001448 City Gate Commerce Park RI .pdf Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104. 239-252-2400 Page 2 of 2 Packet Pg. 1612 17.A.4 DAVIDSON f hk (. i N i' , f, : rA C, EZiTAaLI19HIED December 17, 2020 Civil Engineering • Planning • Permitting MEMORANDUM esigning xcellence To: Nancy Gundlach, AICP, PLA, Principal Planner, Collier County Zoning Services From: Sean Sammon, Planner Reviewed By: Jessica Harrelson, AICP, Senior Planner RE: City Gate Commerce Park Neighborhood Information Meeting Summary PUDA-PL20200001448 & DOA-PL20200002056 Davidson Engineering conducted a Neighborhood Information Meeting regarding the City Gate Commerce Park Planned Unit Development and Development Order Amendments on Tuesday, December 15, 2020, at 5:30pm. The meeting was held at The Cove, located within the Paradise Coast Sports Complex, at 3920 City Gate Blvd North, Naples, FL 34117. The meeting was also offered on-line, via Zoom. There was a total of 5 in - person attendees from the public, and two individuals from the public that participated virtually. The list of individuals below, associated with the project, also participated in the meeting: - Josh Fruth, Davidson Engineering (in -person) - Jessica Harrelson, Davidson Engineering (Zoom) - Sean Sammon, Davidson Engineering (in -person) - Nancy Gundlach, Collier County (in -person) Josh Fruth, substituting for the Agent for the Applicant, began the presentation at approximately 5:35pm and reviewed the details of the PUD and DO Amendments. (A PDF copy of the PowerPoint Presentation is attached for reference). During and following the presentation, attendees asked questions and gave comments. The following list is a summary of the questions and comments along with responses given by the agent in bold. 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com Packet Pg. 1613 17.A.4 DIL DAVIDSON ENGI N E E R I N G • Sam Hiscox: "What do you have proposed in the lots adjacent to the canal? North of City Gate Blvd North and flanking the Big Cypress Basin? Our property is backed right up to the canal" Response: There's nothing proposed right now. Anything that's in the zoning documents similar to the past could be built there, anywhere from retail, light industrial, commercial, but as of right now, it is still owned by the master developer. • Sam Hiscox: "Nothing's connected to this complex? Anything could show up over there?" Response: There's nothing proposed. Anything could be built there, that is an approved use, could be built there. There's no plans and is still owned by the master developer. • Ulrike Unkel: "We live right across the canal, what are you planning on doing for noise? I feel like I live on the football field, Sunday was extremely loud, even inside and the doors are closed. We had to call the sheriff's department, to tone it down. It sounded like they were in our backyard." Response: Understood, obviously, this is a national sports complex, amateur facility. Sound abatement, there were some considerations that were taken into the PUD in 2018 for directionalizing sound, but the noise of the play and activity that's something obviously we can't contain. • Sebastian Unkel: "The DJ is something that should be contained, the music is way out of control." Response: We'll take that into consideration and discuss that with Collier County. That's your biggest issue, the amplified sound, noise? • Ulrike Unkel: "As soon as I get home, this is a great complex, but I need peace and freedom at home. We don't want to hear constant games and music, one day was at 6am, speakers were used to entertain the maintenance crew. Between my house and here is foliage, not sure if greenery would help dampen the noise. The street on the canal side, our biggest concern is noise." Response: And obviously the kids playing is a different story, but the DJ that is the main concern. • Sam Hiscox: "That's not that bad but since it's soccer, the whistles constantly from refs as part of the game gets to you after a while. I mean if they had some kind of buffer from the noise along the canal, it would make a huge difference, we like stuff like this but the weekend the noise it's all weekend long." Response: Understand. Obviously, the weekend is the big thing, during the week is all local stuff, the weekend tournaments we have people coming in from out-of-town, we'll take that into consideration. We'll talk to County Manager's Office and the County Commissioners. • Ulrike Unkel: "Is there something we should do from our side? We don't want to be the bad people here; we want to live here and have quiet time at home. Nancy said I should write some kind of letter to the commissioners for some help." 2 Packet Pg. 1614 17.A.4 DIL DAVIDSON ENGI N E E R I N G Response: Understood, we'll talk to the County Manager's Office as well and that's why Nancy's here, she's documenting it as well, we're recording this and we have two hearings scheduled so we'll follow up with this and see where we stand. • Sam Hiscox: "Do they have hotels planned as well?" Response: Well, we have the existing hotels, two Marriott flagships are within the MPUD. The other ones are not a part of this property, the zoned property. The existing zoning does allow for additional hotel/resorts as well, nothing right now but the county is talking to some different facilities, but nothing is planned right now. • Sam Hiscox: "What's planned for east of the canal? Where the canal turns north?" Response: East of the canal, I'm going to go back to this PUD, for the red box represents the boundary limits for this zoned property. The softball fields are the next phase of the complex and that was just approved by the commissioners which will start clearing here next week. The remaining 14 fields there are multi -purpose, any sport can be played, but little -league, baseball, softball can be played on any field out to the east. • Sam Hiscox: "East of the canal is not going to be part of the Sports Complex?" Response: East, talking North of the Red line? This is not part of this PUD, it is owned by Collier County, but it's not part of this PUD, it's part of a different zoned property. • Ulrike Unkel: "Is it going to be a recycling facility?" Response: Government Offices, essential services, they have a buffer there along the canal, but it's not part of this PUD. [MEETING ADJOURNED] 3 Packet Pg. 1615 17.A.5 GundlachNancy From: Ulli Unkel <ulrike.unkel@gmail.com> Sent: Friday, December 18, 2020 3:24 PM To: GundlachNancy Cc: McDanielBill Subject: Paradise Sports Park - Noise Complaint Attachments: Sports Park - Sunday 12.12.20 afternoon.m4a; Map - Distance from 3270 31 st Ave SW to sports complex.pdf; Sports park 12.17.29 Evening.m4a; 3270 31st ave View from backyard towards sports complex - close-upjpg; 3270 31 st ave View from backyard towards sports complexjpg EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello Nancy, It was a pleasure meeting you this past Tuesday at the DE presentation outlining the Sports Park's expansion. While I understand the Sports Park is a great addition to the community, I, as an abutter, have suffered the loss of the quiet enjoyment of my home which has been acutely diminished by the noise emanating from the Park. The distance between my house and the first soccer fields (2 furthest to the north) is 1000 feet. With this proximity I hear every cheer, whistle blow at game times, and maintenance noise in the off times, not to mention the music and announcements from the loudspeakers -- not only while I am outside on my property but also while I am inside my home. I am including attachments with this letter: 1) Photos of the Park taken from my backyard which shows the direct line from my home through the gap in the tree line to the stadium, and 2) sound bites taken at my home of a sports event on Sunday, December 13, 2020, which lasted more than 6 hours. I am under the impression that even if a facility has a Noise Permit, it cannot go to the volume allowed under the Permit on a Sunday. Please provide a copy of the Park's annual Noise Permit so that I may review its provisions. I am aware that a number of my neighbors have complained as well about the Park's noise, and it seems quite obvious that any expansion of the Park's facilities will only exacerbate the problem. What I do not understand is why the County does not have a responsibility to mitigate the noise pollution and apparently is not willing to take reasonable steps to protect the health and welfare of its residents and the value of their property. I would sincerely appreciate an explanation from you, that I can share with my neighbors, as to why this is so. Thank you for your assistance, and I look forward to your written reply. Sincerely, Ulrike Unkel Packet Pg. 1616 17.A.5 Packet Pg. 1617 ` ►'i i tool Z' ~ • 1 w 1. ; 41•lk A" • • r ` JA ` -� .. �4` r ',fit r , 1618 •' ` Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Notes Petition Type: PUDA Date and Time: Wednesday 8/12/2020 1:30 PM Assigned Planner: Nancy Gundlach Engineering Manager (for PPL's and FP's): Project Information Project Name: City Gate Commerce Park (PUDA) PL#: 20200001448 26095000086 per Addressing Checklist Property ID #: Current Zoning: PUD Project Address: City: Naples State: FL Zip: 34117 Applicant: Jessica Harrelson, AICP Jessica Harrelson,AICP&Josh Fruth Agent Name: Davidson Engineering, Inc. Phone: 239-434-6060 Agent/FirmAddress:4365 Radio Rd STE 201City: Naples State: FL Zip:34104 Property Owner: CG II, LLC, 850 NWN, LLC, Citygate Development, LLC Collier County Please provide the following, if applicable: i. Total Acreage: ii. Proposed # of Residential Units: iv. V. Proposed Commercial Square Footage: For Amendments, indicate the original petition number: If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 7/11/2019 Page 1 1 of 5 Co er County -ramm pLFiry �/ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliergov.net/Home/ShowDocument?id=75093 Comp Planning: The western portion of the subject site lies west of the Florida Power and Light (FPL) Easement (29.27 acres + 7.18 ROW acres = 36.45 acres) and is depicted as Urban Designation, Urban Commercial District, Mixed Use Activity Center #9. The eastern portion lies east of the FPL Easement (223.23 acres + 15.98 ROW acres + 13.84 Lakes and Recreation acres = 253.05 acres) and is depicted as Urban Designation, Industrial District on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The South County Regional Water Treatment Plant is not part of the City Gate Commerce Park PUD. �6 2 !{r �� -�T.�rr��,ev ,vim-i-..e. �.W." t�ra,ry .P�rr�;,,,�4. -�— �.zl� Fz-Y , Other required documentation for submittal (not listed on application): Updated 7/24/2018 Page 1 2 of 5 -- Co er County $Ap.nw lG 14,*pLGToa COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes Landscape: Label buffer types and widths on the updated Master Plan L✓r� �' Gt TlG! r`Y �L�'It�,y� tiC� ✓"( �., 4",�s+.��TC � �i�'!'`t�n. r'h/l�,v �C.La[.' P�'.gia- Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes S:z.- Aff-fif,1 � lVo, Zes— , cell ;Zl >vr o .�.�.ty A6- 3 a?v f^�jT&ey--y Ft-,y"t �&V ems' PC; :;G Other required documentation for submittal (not listed on application): Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/11/2019 Page 1 3 of 5 ClarkeThomas From: Beard Laurie Sent: Wednesday, August 12, 2020 1:47 PM To: ClarkeThomas Cc: GundlachNancy Subject: City Gate PUDA Pre-app PUD Monitoring: N/A Transportation Planning: Please reach out to Mike Sawyer regarding Transportation and whether or not a TIS is required. Mike Sawyer: 252-2926 Thank you. Laurie Beard Project Manager Collier County Capital Projects, Planning, Impact Fees & Program Management 2685 S. Horseshoe Drive, Suite 103 Naples, FL 34104 Laurie. Beard an. Coll iercountvFL.gov Phone: (239)-252-5782 acRY NO ou ER NO V. SINCE Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 9�- .3. A ClarkeThomas From: SawyerMichael Sent: Thursday, August 13, 2020 8:32 AM To: ClarkeThomas Cc: GundlachNancy Subject: RE: NOTES - FW: City Gate PUDA Pre-app - PL20200001448 Thomas, Thanks much. I talked with Laurie first thing this morning about this one. Please include the following notes: Transportation Planning: Please provide a separate "no transportation impact" letter for this petition noting the proposed changes. A methodology meeting is not required. Thanks. Michael Sawyer Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawyer(c,colliercountyfl.gov From: ClarkeThomas <Thomas.Clarke@colliercountyfl.gov> Sent: Wednesday, August 12, 2020 3:07 PM To: SawyerMichael <Michael.Sawyer@colliercountyfl.gov> Cc: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Subject: NOTES - FW: City Gate PUDA Pre-app - PL20200001448 Hi Mike, Laurie covered for you at this pre-app for City Gate but she wasn't sure if you wanted to add any notes. The agent is Jessica Harrelson / Josh Fruth. Thanks Tom 7l"aa 64=le Operations Coordinator - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2526 From: Beard Laurie <Laurie.Beard @colliercountyfl.gov> Sent: Wednesday, August 12, 2020 1:47 PM To: ClarkeThomas <Thomas.Clarke@colliercountyfl.gov> ClarkeThomas From: CookJaime Sent: Thursday, August 13, 2020 10:00 AM To: ClarkeThomas Subject: RE: Pre-App Notes for City Gate (PUDA) PL20200001448 ? Hi, I'm sorry I forgot to send this yesterday. Yes, Environmental needs: • Justification that the changes in the required yard plans still meets the intent of the Settlement Agreement • Site plan showing the new locations of the required yards. • Also, if there are any updates to the Listed Species Survey and/or FLUCFCS mapping, please provide. Thanks! Respectfully, Jaime Cook Principal Environmental Specialist Co per C014-nty Development Review Division Exceeding Expectations, Every Day! NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.6290 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: ClarkeThomas <Thomas.Clarke@colliercountyfl.gov> Sent: Thursday, August 13, 2020 9:58 AM P61 3. C . Co v County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 Pre -Application Meeting Sign -In Sheet p02020000J..4 2hV11[,3 Collier County Contact Information: Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 david.anthony@colliercountyfl.gov ❑ Claudine Auclair GMD Operations and Regulatory Management 252-5887 claudine.auclair@colliercountyfl.gov ❑ Sally Ashkar Assistant County Attorney 252-8842 sally.ashkar@colliercountyfl.gov ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov [� Laurie Beard PUD Monitoring 252-5782 laurie.beard @colIiercountyfLgov ❑ Craig Brown Environmental Specialist 252-2548 craig.brown @colIiercountyfLgov ❑ Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova@colliercountyfl.gov ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov I Thomas Clarke Operations Coordinator 252-2584 thomas.clarke@colliercountyfl.gov I�Jamie Cook Prin. Environmental Specialist 252-6290 Jaime.cook@colliercountyfl.gov [? Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov ❑ Tim Finn, AICP Zoning Division 252-4312 timothy.finn@colliercountyfl.gov Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Jeremy Frantz LDC Manager 252-2305 Jeremy. Frantz@colIiercountyfLgov ❑ James French Growth Management Deputy Department Head 252-5717 james.french@colliercountyfl.gov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov Nancy Gundlach, AICP, PLA Zoning Division 252-2484 nancy.gundlach@coiliercountyfLgov ❑ Richard Henderlong Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov 1-1 Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Erin Josephitis Environmental Specialist, Senior 252-2915 erin.josephitis@colliercountyfl.gov ❑ Marcia Kendall Comprehensive Planning 252-2387 marcia.kendalI@coiliercountyfLgov ❑ John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov Diane Lynch Operations Analyst 252-8243 diane.lynch@colliercountyfl.gov ❑ Gil Martinez Zoning Principal Planner 252-4211 gilbert.martinez@colliercountyfl.gov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 1 thomas.mastroberto@colliercountyfl.gov Updated 7/11/2019 Page 1 4 of 5 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov ❑ Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 rchard.orth@colliercountyfl.gov ❑ Brandy Otero Transit 252-5859 bra ndy.otero@colliercountyfLgov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑ James Sabo, AICP Zoning Principal Planner 252-2708 james.sabo@colliergo.net ke"Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov L;," Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Chris Scott, AICP Development Review - Zoning 252-2460 chris.scott@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Camden Smith Zoning Operations Manager 252-1042 camden.smith@colliercountyfl.gov ❑/Mark Strain Hearing Examiner/CCPC 252-4446 mark.strain@colliercountyfl.gov ?"'Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Jessica Velasco Zoning Division Operations 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov ❑ David Weeks, AICP Comprehensive Planning Future Land Use Consistency 252-2306 david.weeks@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review- Zoning 1 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 1 252-2310 Dan iel.Zunzunegui@colliercountyfLgov Additional Attendee Contact Information: Name Representing Phone Email ¢�S�Ga NAan one �>r+vi a ¢¢ru 3 —"0 ,"S" j6soy EP6,LtjQ'2Rwi: o � f►-w � t s".%) sk#Aktud ice Gr:n- tz I tz 60-r-L. &'j c4 nti au✓ M c� cc mac. Updated 7/11/2019 Page 1 5 of 5 CO ICT C0141.ty Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20200001448 — City Gate Commerce Park (PUDA) - Nancy Gundlach PRE-APP INFO Assigned Ops Staff: Thomas Clarke Jeremy Frantz-Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION Name and Number of who submitted pre-app request Jessica Harrelson, AICP Davidson Engineering, Inc. • Agent to list for PL# Jessica Harrelson, AICP • Owner of property (all owners for all parcels) CG II, LLC 850 NWN, LLC Citygate Development, LLC Collier County • Confirm Purpose of Pre-App: (Rezone, etc.) PUD Amendment • Please include any Surveys, Drawings or Plans for the petition: • Details about Project: o Addition of Deviation #34 to allow an 'Off -Premise Directional Sign' for SCRWTP (See Draft Below) bFF-PREMISE DIRECTIONAL SIGN — SOUTH COUNTY WATER TREATMENT PLANT 34. Deviation #34 seeks relief from LDC Section 5.06.04 G. "Off -Premise Signs," which requires Off -Premise Directional Siens to be no more than 12 sauare feet in area and located no closer than 10 feet from the property line, to instead allow the South County Water Treatment Plant's Off -Premise Directional Sign to contain up to 21 square feet in area and be located within Lot 11 of City Gate Commerce Park Phase Three Plat (PB 63/Pages 84-90), with a notarized written letter of permission from the property owner. Zoning Division • 2800 North Horseshoe Drive • Naples, FbWa 34104. 239-252-2400 • www.colho-gov.net o Update Deviations #13-17 & SIC Code List to address grassed parking on Lots abutting the Sports Complex Project (See Draft Below) 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 Proje 14. Deviation #14 seeks relief from LDC Section 4.05.04 G Table 17 "Parking Space Requirements," which permits 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 0.3 "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 or This deviation shall only apply to grassed parking areas. 17. Deviation #17 seeks relief from LDC Section 4.06.03 0.4 "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 or This deviation shall only apply to grassed parking areas_ 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 LUI YI ly Urviz,u I' iow rt v l ntxt. v 1 m ul Ive' IVdpvJ, rKX Rli1 :74I V4' L.].7LJL-L4VU' VYWW.l.1119�11�W.1 lel o Update Deviation #6 to allow an increase in sign area and permitted number of signs (See draft DIRECTIONAL SIGNS — MPUD 1 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 1436-square feet in area per sign: b) directional signs shall not exceed 812-feet in height: c) up to Serrea(7) twenty (20) 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. o Update Master Plan to show combination of lots and reconfiguration of City Gate Boulevard South (exhibits not available at this time) o Update to PUD & RYP text to allow Required Yards to be combined for lots surrounding the Lake and Recreational Tract (provided the native vegetation requirement is still met). (See Draft Below) I(ots abutting the Lake and Recreational Tract (Tract RL) shall have the option to eliminate the FeaF eF a PeFtieA of *I^ --ear Required Yards-alengthe shared ff9peFty hebmdEIFY With TFE)c4 RI_, provided that the total required native vegetation is met by expanding the remaining Required Yards on the same Lot and/or by combining the required native vegetation within a contiguous area within a Lot abutting the Lake and Recreational Tract (Tract RL) the I0-. _.,duetien aleR . the lake h;~k Zanng Division • 2800 North Horseshoe Drive • Naples, Florida 34104. 239-252-2400 • wm.colkergov.net o Increase maximum building height for the Sports Complex Project, and lots west of the Sports Complex Project, east of the FPL easement and south of City Gate Blvd North to 90' zoned height (SEE DRAFT UPDATES BELOW). Sports Complex Project: Zoned Height: Actual Height: 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 City Gate Commerce Park MPUD PUDR-PL20190001494 August 10, 2020 Underlined text is added; Struck through text is deleted the _ tFaet line of the ' ..k,.....,- o,.,.._,._.: ..i TFeEt that include uses that are compatible and complementary to the Sports Complex Project. (Refer to Exhibit A-1, Page 4A of 13). REQUIRED Supplemental Information provided by: Name: Jessica Harrelson, AICP Title: Senior Planner Email: jessica@davidsonengineering.com Phone: 239.434.6060 Cancellation/Reschedule Requests: Contact Danny Condom ina-Client Services Supervisor danny.condomina@colliercountyfl Phone: 239-252-6866 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Zoning Division • 2800 North Horseshoe Drive - Naples, Fbrida 34104.23.4252-2400 • www.colhergov.net CofTer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the A C. ciLt:nLaKCU! bUL.11 IrlLereSL: I Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the ierceniage OT STOCK owned py eacn: Name and Address % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the CI I.CIIId�'C UI IrlLereSL: Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 Corer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net e f 9. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP list the name of the general and/or limited partners: I Name and Address I % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the .Cr:---- -' '- - L i i icclip awcnl IVIUCI .13, Cllc Il ldl ICJ, UI pdI UICIJ: Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or of III.CIJ, II d GUrporatlon, partnersnip, or trust: Name and Address Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Goer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Agent/Owner Name (please print) Date Created 9/28/2017 Page 3 of 3 Co*r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coll iercou nty.gov Final Submittal Requirement Checklist for: ❑ P D Rezone- Ch. 3 G. 1 of the Administrative Code mendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountvfl.gov/Home/`ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1Er❑ Affidavit of Authorizationsigned and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 ❑ List Identifying Owner and all parties of corporation 1 ❑ Signed and sealed Boundary Survey 1 ❑ Architectural Rendering of proposed structures 1 ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. <1 Y old, not auded 1 d ❑ Statement of Utility Provisions 1 ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ [V] Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. iF IetS /I r Old, not Yle e& 1 ❑ Traffic Impact Study 1 ❑ Historical Survey 1 ❑ School Impact Analysis Application, if applicable 1 ❑ Electronic copy of all required documents 1 ❑ Completed Exhibits A-F (see below for additional information)' ❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ Checklist continues on next page March 4, 2020 Page 9 of 11 Co*r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 / Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑Rr ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: ❑ Exhibit A: List of Permitted Uses ❑ Exhibit B: Development Standards f�Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code ❑ Exhibit D: Legal Description 4"" Exhibit E: List of Requested LDC Deviations and justification for each ❑ Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING RFVIFWFRS- ❑School District (Residential Components): Amy ockheart El Conservancy of SWFL: Nichole Johnson Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ City of Naples Utilities ❑ Other: I ` ASSOCIATED FEES FOR APPLICATION I V Pre -Application Meeting: $500.00 ❑ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre El D to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre ❑ Comprehensive Planning Consistency Review: $2,250.00 ❑ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 El Listed or Protected Species Review (when an EIS is not required): $1,000.00 ❑ Transportation Review Fees: o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 -Gper County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 Legal Ad ertising Fees: ,VC C: $1,125.00 "CC: $500.00 ❑ School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party Date March 4, 2020 Page 11 of 11 CO*Br County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ❑ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code ✓❑ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION CG II, LLC, 850 NWN, LLC, Citygate Development, LLC and Collier County, Name of Property Owner(s): a Political Subdivision of the State of Florida Name of App licant if different than owner: 12lS Main Street, Suite 500 / Akron / OH / 44308/ Address: 3335 Tamiami Trl E, Suite 101 City: Naples State: FL ZIP: 34112 Telephone: 239.593.1002 / 239.252.8380 Cell: Fax: E-Mail Address: Roger@attyrogerrice.com; Margaret.Bishop@colliercountyfl.gov Name of Agent: Jessica Harrelson, AICP Firm: Davidson Engineering, Inc. Address: 4365 Radio Rd. Suite 201 Telephone: 239.434.6060 Cell: City: Naples E-Mail Address: Jessica@davidsonengineering.com State: FL ZIP: 34104 Fax: Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. February 1, 2019 Page 1 of 11 CO*Br County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: MPUD Zoning district(s) to the MPUD zoning district(s). Present Use of the Property: Developed & Undeveloped Commercial/Industrial Proposed Use (or range of uses) of the property: Commercial/Industrial/Essential Service Original PUD Name: City Gate Commerce Park Ordinance No.: 2020-13 PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 35 & 36 / 49 26 City Gate Commerce Center Phase One; City Gate Commerce Center Phase Lot: Block: Subdivision: Two Reolat: City Gate Commerce Park Phase Three Metes & Bounds Description: See Survey and Legal Description Plat Book: Page #: Property I.D. Number: Folios have been provided on a separate document Size of Property: varies ft. x varies ft. _ 18,282,802 Total Sq. Ft. Acres: 419.6 Address/ General Location of Subject Property: Northeast corner of Interstate 75 (1-75) and Collier Blvd (CR 951). PUD District (refer to LDC subsection 2.03.06 Q ❑ Commercial ❑ Residential ❑ Community Facilities ❑■ Mixed Use ❑ Other: ❑ Industrial February 1, 2019 Page 2 of 11 Co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N Estates / Resource Recovery Business Park PUD Golden Gate Canal/ Single Family Residential/ Undeveloped S White Lake PUD / AG Developed Industrial Park / Undeveloped E AG/ "PU" Undeveloped/ Collier County Landfill W ROW / Golden Gate Commerce Park PUD & Collier Blvd Mixed Use Commerce Center PUD Undeveloped Commercial If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Golden Gate Estates Area Civic Association Mailing Address: PO BOX 990596 City: Naples State: FL Estates-AreaVoice@embarqmail.com; Michael.R.Ramsey@embarqmail.com Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Zip: 34116 City: State: ZIP: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: February 1, 2019 Page 3 of 11 CO*Br County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. PROVIDED ON SEPARATE SHEET. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. February 1, 2019 Page 4 of 11 CO*Br County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? PUDR - PL2090001494; DOA - PL20190001497 Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. February 1, 2019 Page 5 of 11 Co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION CG II, LLC, 850 NWN, LLC, Citygate Development, LLC and Collier County, Name of Applicant(s): a Political Subdivision of the State of Florida 121 S Main Street, Suite 500 / Address: 3335 Tamiami Trl E, Suite 101 Akron/ OH/ 44308i City: Naples State: FL ZIP: 34112 Telephone: 239.593.1002 / 239.252.8380 Cell: E-Mail Address: Roger@attyrogerrice.com; Address of Subject Property (If available): N/A City: Naples State: FL ZIP: _ Fax: Margaret.Bishop@colIiercountyfl.gov PROPERTY INFORMATION Section/Township/Range: 35 & 36 49 26 ity a� to ommerce Center Phase One; City Gate Commerce Center Lot: Block: Subdivision: Phase Two Replat; City Gate Commerce Park Phase Three Metes & Bounds Description: See Survey Plat Book: Page #: Property I.D. Number: Folios & Plat Info provided on separate sheet TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System ❑ b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: South County Water Reclamation Facility d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System ❑ b. City Utility System ❑ C. Franchised Utility System ❑ d. Private System (Well) ❑ Provide Name: South County Water Reclamation Facility Total Population to be Served: SEE LEVEL OF SERVICE Peak and Average Daily Demands: A. Water -Peak: Average Daily: B. Sewer -Peak: Average Daily: If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: January 1, 2022 February 1, 2019 Page 6 of 11 Co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. See Level of Service Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. See Level of Service Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. February 1, 2019 Page 7 of 11 2020 PUDR - PROPOSED USES Units SF/Seats/Rooms Demand/unit Total Average Daily Demand Peak Hourly Flow (GPM) Site/Building Uses Existing City Gate Boundary Hotel/Motel Regular rooms 750 100 75,000 170 Resort rooms 500 200 100,000 227 Commercial 188,000 0.15 28,200 64 Offices 542,400 0.15 81,360 185 Other - Includes all light industrial uses 1,401,000 0.1 140,100 318 CC Sports Complex (includes 1 caretaker unit) 1 27,000 27,000 61 Caretaker Units 7 200 1,400 3 Sub -Total (GPD) 453,060 GPD 1,483,023 GPD Sub -Total (GPM)j 315 GPM 1,030 GPM CC Sports Complex Extension 16 Multi -Purpose Fields 16 400 6,400 15 Storage Building 2 100 200 0.5 10,000 SF General Office 10,000 0.15 1,500 3 10,000 SF Medical Office 10,000 0.295 2,950 7 RV Park 15 75 1,125 3 SC Caretaker Units 2 300 600 1.4 Extension Total (GPD)j 12,775 GPD 1 41,817 GPD Extension Total (GPM)j 9 GPM 1 29 GPM Proposed PUDR -Overall Totals Overall Total (GPD)j 465,835 GPD 1 1,524,840 GPD Overall Total (GPM)j323 GPM 1 1,059 JGPM Original Peaking Factor 4 10 State Standards Peaking factor by converted flow to equivalent population 3.27 Assumptions: 3 Service stations are allowed. It is assumed 6,000 SF per service station for the demand calculations with 4 water closets per facility. Hotel & motels Regular Rooms - 100 GPD Resort hotels, camps, cottages per room - 200 GPD Transient RV Park - 75 GPD/Space with water and sewer hookup Office building - per 100 sf of floor space -15 GPD Medical office building - Assume 1 practitioner (Doctor/Dentist @ 250 GPD) and 3 employees (2 nurse/dental hygienist+ 1 secretary @ 15 GPD/each) = 295 GPD per 1000 sf of floor space. Warehouse/Storage - 100 GPD/Bay ***As there is no category for general commercial space specifically in the FAC, it has been estimated that the demand would be approx. the same as office demand. ***As there is no category for general industrial space specifically in the FAC, it has been estimated that the demand would be approx. 2/3 of the office demand which includes loading bays. Multi -purpose fields - Assumes 100 seats per field, 4 GPD/seat x 100 seats/field = 400 GPD/field Seven caretaker units allowed per PUD. It is assumed the Caretaker Units will have on average 2.5 occupants and have been calculated as a two bedroom residence at 200 GPD. The Sports Complex was originally calculated at 29,775 GPD per the FDEP permit which included one three bedroom caretaker unit at 300 GPD and 37 Transient RV spaces @ 75 GPD/space. Updated to 27,000 GPD with 15 RV spaces transferred to expansion area and calculated separately. CAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as CITY GATE COMMERCE PARK PUD SEE ATTACHED EXHIBIT A (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for MIXED -USE planned unit development ( M PUD) zoning. We hereby designate pAVioSAN ENGINEERING, INC. , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. A4 Y-s ner Owner eph R. Weber, Vice President, CG II, LLC Printed Name Printed Name STATE OF ttCEM)QI, - D COUNTY OF GG1RTER) SUinmrv11-E Sworn to (or affirmed) and subscribed before me this —8— day of & 201_q by C W 4 who is personally known to me or has produced as identification. February 1, 2019 LE A �q peqc AQ 4C RES�N' Notary Public (Name typed, printed or stamped) Page 8 of 11 DE DAVIDSON E N G I N E E R I N G www.davidsonengineering.com EXHIBIT A CG II, LLC Civil Engineering • Planning • Permitting DesigningExcellence 1. A PORTION OF CITY GATE COMMERCE PARK PHASE THREE, TRACT B LESS OR BOOK 3336/ PAGE 2498 AND LESS OR BOOK 4520/ PAGE 2223 (PLAT BOOK 63/ PAGES 84-90) 2. CITY GATE COMMERCE PARK PHASE THREE, TRACT R-3 (PLAT BOOK 63/ PAGES 84-90) 3. A PORTION OF CITY GATE COMMERCE PARK PHASE THREE, TRACT RL LESSOR BOOK 4520/ PAGE 2223 (PLAT BOOK 63/ PAGES 84-90) 4. A PORTION OF CITY GATE COMMERCE PARK PHASE THREE, LOT 5 LESS THE PORTION OF LAND AS DESCRIBED IN OR BOOK 4520/ PAGE 2223 (PLAT BOOK 63/ PAGES 84-90) 5. CITY GATE COMMERCE PARK PHASE THREE, LOT 6 (PLAT BOOK 63/ PAGES 84-90) 6. A PORTION OF CITY GATE COMMERCE PARK PHASE THREE, LOT 21 LESSOR BOOK 3336/ PAGE 2498 AND LESS OR BOOK 4520 PAGE 2222 (PLAT BOOK 63/ PAGES 84-90) 7. A PORTION OF CITY GATE COMMERCE PARK PHASE THREE, LOT 22 LESS THE PORTION OF LAND AS DESCRIBED IN OR BOOK 4520/ PAGE 2222 (PLAT BOOK 63/ PAGES 84-90) 8. CITY GATE COMMERCE PARK PHASE THREE, LOT 23 (PLAT BOOK 63/ PAGES 84-90) 9. A PORTION OF CITY GATE COMMERCE PARK PHASE THREE, LOT 24 LESS THE PORTION OF LAND AS DESCRIBED IN OR BOOK 4520/ PAGE 2222 (PLAT BOOK 63/ PAGES 84-90) 10. CITY GATE COMMERCE PARK PHASE THREE, LOT 25 (PLAT BOOK 63/ PAGES 84-90) 11. CITY GATE COMMERCE PARK PHASE THREE REPLAT, LOT 9 (PLAT BOOK 65/ PAGES 94-97) 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: (239) 434.6060 1990 Main Street • Suite 750 • Sarasota, FL 34236 • P: (941) 309.5180 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collieriapy.net (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as CITY GATE COMMERCE PARK PUD SEE ATTACHED EXHIBIT A (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for MIXED USE planned unit development (M PUD) zoning. We hereby designate DAVIDSON ENGINEERING, INC. , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: I. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. S. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. wner Owner Joseph R. Weber, Vice President, Citygate Development, LLC Printed Name Printed Name STATE OF CURUM Oil I D COUNTY OF eCEM) SUI'nm 11. Sworn to (or affirmed) and subscribed before me this —E day of,&JLQ_VS± . 201g by J05f,00 who is personally known to me or has produced as identification. February 1, 2019 Notary Public (Name typed, printed or stamped) Page 8 of 11 i lYaa.�uul DE DAVIDSON E N G I N E E R I N G www,davidsonengineering.com Civil Engineering • Planning • Permitting EXHIBIT A CITYGATE DEVELOPMENT, LLC Design ingExcelle n ce 1. CITY GATE COMMERCE CENTER PHASE ONE, TRACT R-1 (PLAT BOOK 41/ PAGES 6-7) 2. CITY GATE COMMERCE CENTER PHASE ONE, TRACT R-2 (PLAT BOOK 41/ PAGES 6-7) 3. CITY GATE COMMERCE CENTER PHASE ONE, LOT 9 (PLAT BOOK 41/ PAGES 6-7) 4. CITY GATE COMMERCE CENTER PHASE ONE, LOT 13 (PLAT BOOK 41/ PAGES 6-7) 5. CITY GATE COMMERCE CENTER PHASE ONE, LOT 14 (PLAT BOOK 41/ PAGES 6-7) 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: (239) 434.6060 1990 Main Street • Suite 750 • Sarasota, FL 34236 • P: (941) 309.5180 Cover County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www, coil! ergov, net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as CITY GATE COMMERCE PARK PUD SEE ATTACHED EXHIBIT A (Street address and City, State and Zip Code) and legally described in ExhibitA attached hereto. The property described herein is the subject of an application for MIXED USE planned unit development ( M PUD) zoning. We hereby designate 11^vIDSON ENGINEERING. INC. legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. weer Owner Joseph R. Weber, vice President, 850 NWN, LLC Printed Name Printed Name STATE OF FtORIDA) OlrNii-O COUNTY OF iE ttill! S0mM i -f o Sworn to (or affirmed) and subscribed before me this a who is personally known to me or has produced February 1, 2019 day of O . 201g by JOEM1 1 R. UUCJOtr as identification. c-q UMc S %ULD Notary Public (Name typed, printed or stamped) Page 8 of 11 DAVIDSON E N G I N E E R I N G www.davidsonengineering.com EXHIBIT A 850 NWN, LLC Civil Engineering • Planning ■ Permitting DesigningExcellence 1. THE PORTION OF CITY GATE COMMERCE PARK PHASE THREE, TRACT B DESCRIBED IN OR BOOK 3336/PAGE 2498 and OR BOOK 4520/ PAGE 2223 (PLAT BOOK 63/ PAGES 84-90) 2. CITY GATE COMMERCE PARK PHASE THREE, TRACT R (PLAT BOOK 63/ PAGES 84-90) 3. CITY GATE COMMERCE PARK PHASE THREE, TRACT R-1 (PLAT BOOK 63/ PAGES 84-90) 4. CITY GATE COMMERCE PARK PHASE THREE, TRACT R-3 (PLAT BOOK 63/ PAGES 84-90) 5. A PORTION OF CITY GATE COMMERCE PARK PHASE THREE, TRACT RL DESCRIBED IN OR BOOK 4520 /PG 2223 (PLAT BOOK 63/ PAGES 84-90) 6. CITY GATE COMMERCE PARK PHASE THREE, LOT 1 (PLAT BOOK 63/ PAGES 84-90) 7. CITY GATE COMMERCE PARK PHASE THREE, LOT 2 (PLAT BOOK 63/ PAGES 84-90) 8. CITY GATE COMMERCE PARK PHASE THREE, LOT (PLAT BOOK 63/ PAGES 84-90) 9. CITY GATE COMMERCE PARK PHASE THREE LOT 3 (PLAT BOOK 63/ PAGES 84-90) 10. A PORTION OF CITY GATE COMMERCE PARK PHASE THREE, LOT 5 DESCRIBED IN OR BOOK 4520/ PAGE 2223 (PLAT BOOK 63/ PAGES 84-90) 11. CITY GATE COMMERCE PARK PHASE THREE, LOT 7 (PLAT BOOK 63/ PAGES 84-90) 12. CITY GATE COMMERCE PARK PHASE THREE, LOT 8 (PLAT BOOK 63/ PAGES 84-90) 13. CITY GATE COMMERCE PARK PHASE THREE, LOT 11 (PLAT BOOK 63/ PAGES 84-90) 14. CITY GATE COMMERCE PARK PHASE THREE, LOT 12 (PLAT BOOK 63/ PAGES 84-90) 15. CITY GATE COMMERCE PARK PHASE THREE, LOT 13 (PLAT BOOK 63/ PAGES 84-90) 16. CITY GATE COMMERCE PARK PHASE THREE, LOT 14 (PLAT BOOK 63/ PAGES 84-90) 17. CITY GATE COMMERCE PARK PHASE THREE, LOT 15 (PLAT BOOK 63/ PAGES 84-90) 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: (239) 434.6060 1990 Main Street • Suite 750 • Sarasota, FL 34236 • P: (941) 309.5180 DE DAVIDSON E N G I N E E R I N G 18. CITY GATE COMMERCE PARK PHASE THREE, LOT 16 (PLAT BOOK 63/ PAGES 84-90) 19. CITY GATE COMMERCE PARK PHASE THREE, LOT 17 (PLAT BOOK 63/ PAGES 84-90) 20. CITY GATE COMMERCE PARK PHASE THREE, LOT 18 (PLAT BOOK 63/ PAGES 84-90) 21. CITY GATE COMMERCE PARK PHASE THREE, LOT 19 (PLAT BOOK 63/ PAGES 84-90) 22. CITY GATE COMMERCE PARK PHASE THREE, LOT 20 (PLAT BOOK 63/ PAGES 84-90) 23. A PORTION CITY GATE COMMERCE PARK PHASE THREE, LOT 21 DESCRIBED IN OR BOOK 3336/ PAGE 2498 & OR BOOK 4520/ PAGE 2222 (PLAT BOOK 63/ PAGES 84-90) 24. A PORTION CITY GATE COMMERCE PARK PHASE THREE, LOT 22 DESCRIBED IN OR BOOK 4520/ PAGE 2222 (PLAT BOOK 63/ PAGES 84-90) 25. A PORTION CITY GATE COMMERCE PARK PHASE THREE, LOT 24 DESCRIBED IN OR BOOK 4520/ PAGE 2222 (PLAT BOOK 63/ PAGES 84-90) Czer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as CITY GATE COMMERCE PARK MPUD SEE EXHIBIT A (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for MIXED USE planned unit development (M PUD) zoning. We hereby designate Davidson Engineering, Inc. , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and -used -in conformity with the approved mas#cr plan including -all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with itlon nd safegu s of the planned unit development. Owner(Collier County, a Political Subdivisr n of the State of Florida) Owner NICK CASALANGUIDA, DEPUTY COUNTY MANAGER Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this tW day of 20"by who is personally known to me or has produced s identification. , - TOCUIHAMLIN-RASA Notary Public MYCOMMISSIONGG309547 (Name typed, printed or stamped) EXPIRES: July 7 2M Bonded lira N060 Ptbk Undwollm February 1, 20Page 8 of 11 DAV I D S O N E N G I N E E R I N G www. davi d son eng i neeri ng. cam Civil Engineering • Planning • Permitting EXHIBIT A COLLIER COUNTY Designing Excellence LOTS 9, 10, 23, 25, 26 THROUGH 28 AND A PORTION OF TRACT R-3, ACCORDING TO THE PLAT OF CITY GATE COMMERCE CENTER PHASE THREE, AS RECORDED IN PLAT BOOK 63, PAGE 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONTAINING 4,367,815 SQUARE FEET OR 100.27 ACRES, MORE OR LESS. AND 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.DD"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 5.45"37' 12"E.) (CHORD 1,108.88 FEET) (DELTA 90"19'33") FOR A DISTANCE OF 1,232.62 FEET; THENCE 5.00"27'26"E., A DISTANCE OF 1,815.14 FEET: THENCE 5.89"13'01"W., A DISTANCE OF 2,247.89 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE SOUTHWEST ONF-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. 4365 Radio Road - Suite 201 • Naples, FL 34104 P: (239) 434.6060 1990 Main Street Suite 750 Sarasota, FL 34236 P: (941) 309.5180 Co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary ❑ ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 ❑✓Ll Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 0 ❑ List Identifying Owner and all parties of corporation 1 0 Signed and sealed Boundary Survey 1 ✓ I ❑ Architectural Rendering of proposed structures 11 El I ❑✓ i Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 0 ❑ Statement of Utility Provisions 1 I 0 I �❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ✓❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ F4 Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ Traffic Impact Study 1 0 ❑ Historical Survey 1 ❑ ✓ School Impact Analysis Application, if applicable 1 Ll ❑✓ Electronic copy of all required documents 1 ✓❑ ❑ Completed Exhibits A-F (see below for additional information)' ❑ ❑✓ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ Checklist continues on next page February 1, 2019 Page 9 of 11 CO*Br County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ 17 Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ Z LJI ❑ Revised PUD document with changes crossed thru & underlined 1 I ❑✓ I ❑ Copy of Official Interpretation and/or Zoning Verification 1 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit A: List of Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams & David Berra ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ASSOCIATED FEES FOR APPLICATION Pre -Application Meeting: $500.00 ❑ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: O Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. Q Minor Study Review: $750.00 p Major Study Review $1,500.00 February 1, 2019 Page 10 of 11 co*er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5r" and subsequent re -submittal will be accessed at 20% of the original fee. Y Y 10.19.2020 Signa Petitioner or Agent Date Jessica Harrelson, AICP Printed named of signing party February 1, 2019 Page 11 of 11 DE DAVIDSON ENGI N E E R I N G ESTABLISHED 1997 NARRATIVE AND EVALUATION CRITERIA The purpose of the City Gate Commerce Park PUD Amendment is to allow for primary revisions needed for future developments that are planned on Lots located east of the FPL, and to address revisions needed specific to the Collier County Sports Complex. The below is an outline of updates being requested to the City Gate Commerce Park MPUD: • Increase the development intensity for the Sports Complex Extension (addition of ±10,000 SF for medical office for essential service personnel only). • Increase the trip limitation for the Sports Complex Extension, pursuant to the addition of medical office. • Update to Deviation #6 "Directional Signs within the MPUD", to request an increase in the number and size of directional signs permitted. • Update to Deviations #13 and 15-17 "Parking- Sports Complex Project", to include Lots abutting the Sports Complex Project. • Increase the number of caretaker units to a maximum of ten (10). • Addition of Deviation #34 "Off -Premise Directional Sign -South County Water Treatment Plant", to permit an off -premise ground sign for the County Water Treatment Plan within the City Gate Commerce Park MPUD. • Addition of Deviation #35 "Parking Requirements- Uline", to allow Uline to provide a minimum of 250 parking spaces to meet actual parking demands. • Reduce the minimum parcel size to 0.25-acres and parcel width to 50', east of the FPL easement. • Reduce the side yards to 7.5 feet from 25 feet for parcels less than 1-acre in size. • Addition of language to the PUD and RYP to allow Lots surrounding the Lake and Recreational Tract the opportunity to combine Required Yards, provided that the native vegetation requirement is still met. The Lots being included will be known as the "Tract RL Campus" and an exhibit defining the subject area has been added to the Master Plan and Required Yard Plan. • Increase the maximum zoned height for the Sports Complex Project to 90 feet and actual height to 100 feet. • Update the location of Lots that are permitted the same maximum building height as the Sports Complex Project (updates made to Section 3.3.E of the PUD and page 4A of Exhibit A-1— Master Development Plan). • Update to the Master Plan for consistency with above mentioned requests. • Update the SIC Code List to permit o Grassed Parking Areas for the use overflow parking for the Sports Complex Project on Lots East of the FPL Easement o Medical Office for Essential Service Personnel only within the Sports Complex Project CITY GATE COMMERCE PARK PUDA-PL20200001448 Narrative & Evaluation Criteria November 24, 2020 www.davidsonengineering.com DE DAVIDSON E N G I N E E R I N G ESTABLISHED 1997�lr The following criteria have been addressed by the applicant to evaluate the proposed PUDR application: a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Response: The MPUD is located near Interstate-75, which provides an appropriate location for the uses permitted by the PUD. The MPUD is currently serviced by Collier County Public Utilities. The proposed Amendment does not negatively affect the current level of service. Please refer to the TIS and Level of Service Analysis for more details. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Response: Covenants of Unified Control documents have been included with this PUDA submittal. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) Response: The MPUD is and will continue to be consistent with the goals, objectives, and policies outlined in the Vested Rights Determination and Collier County Growth Management Plan. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Response: The City Gate Commerce Park MPUD will continue to remain compatible, both internally and externally. e. The adequacy of usable open space areas in existence and as proposed to serve the development. Response: The MPUD will continue to meet and/or exceed the open space requirement. CITY GATE COMMERCE PARK PUDA-PL20200001448 Narrative & Evaluation Criteria November 24, 2020 2 www.davidsonengineering.com DE DAVIDSON E N G I N E E R I N G ESTABLISHED 1997 f 9. h The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Response: Adequate facilities are currently available to the MPUD. Any future improvements comply with the County Adequate Public Facilities Ordinance where applicable. The development, as proposed, will not have a negative impact on existing private and public utilities. The ability of the subject property and of surrounding areas to accommodate expansion. Response: This PUD Amendment is not requesting expansion outside of the current MPUD boundary. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Response: The proposed PUDA complies with all applicable regulations set forth in the Collier County Land Development Code. Future Land Use Element Provisions Policy 5.3: All rezonings must be consistent with the Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed -Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial -zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element and as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. b. For such industrially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. c. For such residentially -zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing CITY GATE COMMERCE PARK PUDA-PL20200001448 Narrative & Evaluation Criteria November 24, 2020 3 www.davidsonengineering.com DE DAVIDSON E N G I N E E R I N G ESTABLISHED 1997 zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district, except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. d. For property deemed to be consistent with this Element pursuant to one or more of policies 5.9 through 5.13, said property may be combined and developed with other property, whether such other property is deemed consistent via those same policies or is deemed consistent with the Future Land Use Designation Description Section. For residential and mixed use developments only, the accumulated density between these properties may be distributed throughout the project, as provided for in the Density Rating System or the Commercial Mixed Use Subdistrict, as applicable. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. City Gate Commerce Park is an existing MPUD that permits a variety of commercial and industrial land uses. No new zoning changes are being requested with this Amendment request and the existing MPUD complies with the Collier County Growth Management Plan. Public facilities are currently available to accommodate the PUD as proposed. Policy 7.1 The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. The City Gate Commerce Park MPUD has existing internal roadways and developed access points to arterial and or collector roads and proposes future interconnection to adjacent County owned properties and alternative future transportation routes. Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. The extension of internal rights -of -way are planned throughout the MPUD and will provide future interconnections to adjacent County owner properties. Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The extension of internal rights -of -way are planned throughout the MPUD and will provide future interconnections to adjacent County owner properties. Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. CITY GATE COMMERCE PARK PUDA-PL20200001448 Narrative & Evaluation Criteria November 24, 2020 4 www.davidsonengineering.com DE DAVIDSON E N G I N E E R I N G ESTABLISHED 997 Sidewalks are planned throughout the MPUD and sidewalk connections along external roadways are also planned (i.e., Collier Boulevard), to promote a walkable, pedestrian friendly development. CITY GATE COMMERCE PARK PUDA-PL20200001448 Narrative & Evaluation Criteria November 24, 2020 www.davidsonengineering.com Cotfier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: C Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership 850 NWN, LLC (CO -APPLICANT) CG II, LLC (CO -APPLICANT) CITYGATE DEVELOPMENT, LLC (CO -APPLICANT) Collier County, a Political Subdivision of the State of Florida If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 Cotfier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: e f [. Name and Address I % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the 'I IIut=I J, JLUL.RI IUIUIn J, UCI ICI IL.IQI ICJ, UI PCII LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address Date subject property acquired DATES VARY ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Cotfier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Date of option: Date option terminates: or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 10.02.2020 Agent/Own& Signature Date Jessica Harrelson, AICP, Agent Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 AFFIDAVIT OF AUTHORIZATION I, Nick Casalanguida (print name), as Deputy County Manager, (title, if applicable) of Collier County, a Political Subdivision of the State of Florida, (company, if applicable), swear or affirm under oath, that Collier County is (choose one): The owner X applicant contract purchaser _ and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff. of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Davidson Engineering, Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. Ares. or v. pres. • If the applicant is a Limited Liability Company (L. L. C.) or Limited Company (L. C ), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. j/j G1< C,g S Ifj �V 10,1 ignat a Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on Tune 16, 2020 (date) by Nick Casalanguida (name of person providing oath or affirmation), as Deputy County Manager who is personally known to me or who has produced (type of identification) as identification. STAMP/SEAL Signature of Notary Public Nre9 da JMa }eW� My ommmen -HH 02M r�821 r p AFFIDAVIT OF AUTHORIZATION I, Joseph R. Weber (print name), as Vice President (title, if applicable) of Cityl?ate Development, LLC, (company, if applicable), swear or affirm under oath, that I am the (choose one): The owner X applicant contract purchaser _ and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true, 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Davidson Engineering, Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. ffhatur� STATE OF h V COUNTY OF en C '1-4 X C/1 AR, - Printed Name The foregoing instrument was sworn to (or affirmed) and subscribed before me on j o -ham i- .?-02.-0 (date) by Joseph Weber (namaM er%4�groviding oath or affirmation), as Vice President, City ate Development, LLC who is personally known toil T�fuced (type of identification) as identification. r. �]eL - 4T tP •i STAMP/SEAL iC y4►►� EJtP1FLE�,�►►�� Signature of Notary Public AFFIDAVIT OF AUTHORIZATION I, Joseph R. Weber (print name), as Vice President (title, if applicable) of CG 11, LLC (company, if applicable), swear or affirm under oath, that I am the (choose one): The owner X applicant contract purchaser _ and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Davidson Engineering, Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. ?natle Printed Name STATE OF i COUNTY OF L1 ilrlrYi The foregoing instrument was sworn to (or affirmed) and subscribed before me on e 17 1%111 I r l„� (date) by Jos 'gn,,eofperson providing oath or affirmation), as Vice President, CG 11, LLC wknown fo,y1red (type of identification) as identification. ' ETA - Signature of Notary Public AFFIDAVIT OF AUTHORIZATION I, Joseph R. Weber (print name), as Vice President, (title, if applicable) of 850 NWN, LLC, (company, if applicable), swear or affirm under oath, that I am the (choose one): The owner X applicant contract purchaser _ and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Davidson Engineering, Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 9w, �,zf 5, �&i Y igna ure STATE OF Ok r a COUNTY OF SU rn m! � Printed Name The foregoing instrument was sworn to (or affirmed) and subscribed before me on Ul r12 �` (, 2020 (date) by Joseph Web, [,Jnam%9 'person providing oath or affirmation), as Vice President, 850 NWN, LLC who is personally known to me or*�gT �r (type of identification) as identification. o STAI@P/ i ♦ Ai ray ov suw"Vo ►►v Signature of Notary Public 3216897 OR: 3336 PG: 2524 Dared by and return to: William A. Keyes, Jr., Attorney at Law Stewart & Keyes, P.L. 2125 First Street, Suite 101 Post Office Drawer 7" Fort Myers, FL 33902-0790 239-334-7477 Will Call No.: File Number: 11587-1 Parcel Identification Number: RECORDED in OPPICIIIL RECORDS of COLLIER COUNTY, IL 07/09/2003 at 01:24PN DWIGHT B. BROCE, CLERK CONS 8255709.00 RIC PEB 19.50 DOC-.70 57790.60 COPIES 4.00 Rem STEWART i EEYES P 0 DRANER ?90 PT NYERS PL 33902 0790 Above This Line For Recording Data] Special Warranty Deed This Special Warranty Deed made this 9th day of duly, 2003 between Richard K. Bennett as Successor Trustee(s) of the Land Trust No. 5360, dated the 8th day of April, 1985 whose post office address is 3319 Boca Ckga Drive, Naples, FL 34112, grantor, and CG II, LLC, a Florida- ted,Liability Company whose post office address is 159 South Main Street, Suite 500, Akron, OH 44308,� ' (Whenever used herein the terms grantor and grantee lu e� the parties to this inativri erit an heirs, kgal representatives, and assigns of individuals. and the successors and assigns of corporations, trusts anhovtiees) Witnesseth, that said grantor, for and in and valuable considerations to said grante granted, bargained, and sold to the sand g" lying and being in Collier County Florida As described on the attached bif,"A" The Grantee, as trustee, has the full 0 and to otherwise manage and dispose 00 DOLLARS ($10.00) and other good t whereof is hereby acknowledged, has it, the following described land, situate, - Ln ts ; s oriserve, sell, convey, lease, encumber, to F.S. 689,071. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Property is vacant acreage3319 Boca Ciega Drive, Naples, FL 34112. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year fast above written. OR: 3336 PG: 2525 Signed, sealed and delivered in our presence: Wfiness Name: Witness Name: Richard K. Bennett, as S cessor Trustee of Land Trust No. 5360, dated the 8th day of April, 1985 State of Florida County of Collier The foregoing instrument was acknowledged before me thisvday of July, 2003 by Richard K. Bennett, as Successor Trustee of Land Trust No. 5360, dated the 8th, who Lets personally known or L) has produced as identification. [Notary Seal) -� Notary Public Or CHERRY R. KEY CHERRY R. KEY f MY COMMISSION ri 10 m EXPIRES: April; eaaathuNarry urrtin 4 My Co— mtoncptres: 0 Special Warranty Dee! - Page 2 OR: 3336 PG: 2526 EXHIBIT "A" LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTH ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.89.00'01 "E., ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID SECTION 35, FOR A DISTANCE OF 1,390.69 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.00°47'14'E., FOR A DISTANCE OF 613.58 FEET; THENCE RUN N.89.04'40"E., FOR A DISTANCE OF 42.40 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,015.00 FEET, THROUGH A CENTRAL ANGLE OF 21'36'10', SUBTENDED BY A CHORD OF 380.43 FEET-ATA11EARING OF S.80'07'15'E., FOR A DISTANCE OF 382.70 FEET TO A POINT OF REV S VE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC'�tRVE'f T, HAVING A RADIUS OF 3,882.73 FEET, THROUGH A CENTRAL;A Im OF 01.31'000, IDED BY A CHORD OF 102.77 FEET AT A BEARING OF S.70004'400E'.7A DISTANCE OF 1102 FEET TO THE END OF SAID CURVE; THENCE RUN N.19'09 51 1: , FOFt A DISTANCE OF .00 F fQ A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEA`3T1 ; HIV E RADIUS PO ARS N.19°09'51'E., A DISTANCE OF 25.00 FEET THEREF iOM; T E Y ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADUS iFOOF� H A CENTRAL ANGLE OF 90.49'4T, SUBTENDED BY A CHO(,5 B1m E EARI �FUtW1g'yy,, FOR A DISTANCE OF 39.63 FEET TO THE ENAI°L`tjR ;'HhrE gU1�;11'8•E,, FOR A DISTANCE OF 67.24 FEET TO THE BEGINNING Q A TANGENTIAL CIF I,ILAA Ct t' CONCAVE WESTERLY; THENCE RUN NORTHERLY ALON�* ARC OF SAID CUR ': TO TH '"AFT, HAVING A RADIUS OF 715.00 FEET, THROUGH A CENTRE;ANGLE OF 19.4T47", D BY A CHORD OF 245.81 FEET AT A BEARING OF N.10'05'44'E., * DISTANCE OF 247° TO THE END OF SAID CURVE; THENCE RUN N.77.56'17'E., FOR"#� lb�'4'6 lCE,OF-46 ET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHQ$ [ IU§lPANt- APIS N.75.36'08'E., A DISTANCE OF 272.00 FEET THEREFROM; THENCE FAl1N N� TH 6 Y ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 272.00 FEET, THROUGH A CENTRAL ANGLE OF 23'03'38', SUBTENDED BY A CHORD OF 106.74 FEET AT A BEARING OF N.02.52'03"W,, FOR A DISTANCE OF 109.47 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 311.70 FEET, THROUGH A CENTRAL ANGLE OF 38.18'430, SUBTENDED BY A CHORD OF 204.56 FEET AT A BEARING OF N.I0°2936"W,, FOR A DISTANCE OF 208.42 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 307.71 FEET, THROUGH A CENTRAL ANGLE OF 28656140, SUBTENDED BY A CHORD OF 163.79 FEET AT A BEARING OF N.15.10'40"W,, FOR A DISTANCE OF 155.44 FEET TO A POINT OF COMPOUND CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 268.42 FEET, THROUGH A CENTRAL ANGLE OF 95'0519% SUBTENDED BY A CHORD OF 396.10 FEET AT A BEARING OF N.46.50'268E., FOR A DISTANCE OF 445.50 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 219.72 FEET, THROUGH A CENTRAL ANGLE OF 30.36'480, SUBTENDED BY A CHORD OF 116.01 FEET AT A BEARING OF N.79'04'51-E., FOR A DISTANCE OF 117.40 FEET TO THE END OF SAID CURVE; THENCE RUN N.13'34'02V., FOR A DISTANCE OF 442.44 FEET; THENCE RUN N.10.15'16"E., FOR A DISTANCE OF 65.01 FEET; THENCE RUN N.00°44'19'W., FOR A DISTANCE OF 454.39 FEET TO A POINT ON THE NORTH LINE *** OR: 3336 PG: 2527 *** EXHIBIT "A" (cont.) OF THE NORTH EAST ONE -QUARTER OF SAID SECTION 35; THENCE RUN N.89013'011E., ALONG THE NORTH LINE OF THE NORTH EAST ONE -QUARTER OF SAID SECTION 35, FOR A DISTANCE OF 2,699.31 FEET TO THE NORTHEAST CORNER OF THE NORTH ONE-HALF OF SAID SECTION 35; THENCE RUN S.00055'48V., ALONG THE EAST LINE OF THE NORTH ONE-HALF OF SAID SECTION 35, FOR A DISTANCE OF 2,673.79 FEET TO THE SOUTHEAST CORNER OF THE NORTH ONE-HALF OF SAID SECTION 35; THENCE RUN S.89000'01 V., ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID SECTION 35, FOR A DISTANCE OF 3,825.78 FEET TO THE POINT OF BEGINNING; THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER SECTION 35, TOWNSHIP 49 SOUTH',' N.89000'01 "E. 7 LINE OF THE NORTH ONE-HALF OF COLLIER COUNTY, FLORIDA AS BEING �V 2 lk ,'ff ff 4246731 OR: 4417 PG: 1567 Prepared by and return to: Roger B. Rice, Esq. Roger B. Rice, PA 9010 Strada Steil Court Unit 207 Naples, FL 34109 Consideration: $15,000,000.00 RECORDED in OFFICIAL RECORDS of 12/31/2008 at 11:29AK DWIGBT I. Retn: ROGER B RICE 9010 STRADA STILL CT #207 NAPLES FL 34109 Above This Line For Recording Special Warranty Deed COLLIER COUNTY, FL BROCK, CLERK CONS 15000000.00 RIC FEE 35.50 DOC-.10 105000.00 COPIES 4.00 This Special Warranty Deed made this 31st day of December 2008 between Citygate Development, LLC, a Florida Limited Liability Company whose post office address is 159 South Main Street, Suite 500, Akron, Ohio 44308, grantor, and 850 NWN, LLC, a Florida Limited Liability Company whose post office address is 9010 Strada Stell Court, Suite 207, Naples, Florida 34109, grantee: (Whenever used herein the terms "grantor" and "grantee" individuals, and the successors and assigns of corporations, Witnesseth, that said grantor, for and ii good and valuable considerations to said,jI has granted, bargained, and sold to the.sa situate, lying and being in Collier Coun"ty, As described on attached 1 Parcel Identification Num Grantor warrants that at the tiiti within the meaning set forth in' homestead property. Property is Together with all the tenements, instrument and the heirs, legal representatives, and assigns of of the sum of T N4f-AND NO/100 DOLLARS ($10.00) and other nt )aid by said grae the eceipt whereof is hereby acknowledged, grarife 's he'irs and a sig4 forever, the following described land, this conveyance the si destitution of the state ' C. To Have and to Hold, the same in fee simple forever. not the Grantor's homestead is it contiguous to or a part of or in anywise appertaining. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. SIGNATURES INTENTIONALLY APPEAR ON NEXT PAGE DoubleTime® OR; 4417 PG; 1568 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Wi ss Name: j' fitness Name: 11.1 State of Florida County of Collier Citygate Dev 1 p t, L , F1Q6da Li it abi - Company iy hairman The foregoing instrument was acknowledged before me this 31st day of December, 2008 by David L. Brennan of Naples, Florida, on behalf of Citygate Development, LLC. He [X] is personally known or [ ] has produced a driver's license as identification. [Notary Seal] NOTARY PUBLIC -STATE OF FLORI mbelD5316R. 22, 20m9ionding Co., 1 Name' �l aal� ti Warranty Deed - Page 2 DoubleTimO OR; 4417 PG; 1569 JIVM-30-1H0RI 301M ,00 L I o � (V36—S 0VON 31V1S) ONVA3-inoe 8311100 N m_ J,VM J0 lHOld lVNb0 100J OOL v, 0) (A ^y n l 1 CITY GATE COMMERCE CENTER, CITY GATE COMMERCE CENTER. 00 O x PHASE ONE Z D PHASE ONE (PLAT BOOK 41, PAGES 6 AND 7) m M > (PLAT BOOK 41, PAGES 6 AND 7) � Z rl L2 (3 Sl o o O z m 0 � ✓� J <� '� 0 -1 0 z y �� =-11 oz0 -o -nZ O ''^^ m COLLIER COUNTY WATER TREATMENT PLANT �-C N n 0 U) Vl M -1 0 cn n O ti�0 0O�D D. r 0 N 00*47'14" E 2072.73' �+ z r-4 C) -9 m z � �Onz co N_ N ono w �r,� C) 0 0o N 0 0 � -D�o Z y 0 0 t m 'P rn r Z_ ►--� n i p 1 rrn Z 0 J 40 07 s CO 14N `.-� 0 y J OD O N VI CIS O U Of C) n J co U co to to OD j `J O) a) c J O J O In U U)c(0 O0D v0)0i Ln 4 W N <�< cn 4 O O f�1 O O ....�........ .. i "°a UK) W LA N N = O ki e _ co N V V p 0)D z ,.. r O V 0 0 0 J C m r*1 01 z O G+ O o O o N N N O d U t p O rj p m mrn t0 to O cD U! 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Z Cn D- Cn 0 mm��mo�AV -IrOmOmD�Sa�p�OD mDDcn m-nC4 D m O Ni Mp C M zrn cn - zz�� r4° � ��(n� � �m -1m�O�iO c1>. �DZmzz CG�70m�0 mZ Z -1 - rTl %T� (n _l M r Z C7 M„ D ;u D -n z o � O S 02 -� -i-1 OO-IM, oO(n-1 ZJ m2mzw z=" LnDO��==�z� tn0 N m�OD m -Imccz om� r„. 0)zco�OCncn mZ2toZ nD� Dz s�( � p� om2 oomr-co mmzmz2m �or�0O1��DZZ;nmD<DDD.1,0 ZmZwD OcmnmC000�ZN�om��mO n--i Zzo�xz-mmdo zz�mXma��mDr..Viz mmmb DZ0o0�rm§m�zor*i m e rrl m 0 O O D O ZZz-nw-_4 p pn0-4Z O m 0 0 z m m� Dm m m m D m >..i D 0-0 0� D fM mr 00 z-n O r- D Oz O r*1 r- -U::g D Z m O �z n C r Dm 5. rZ <o vm m U) D yr m� 0 > o N 00 00 W to 0 5 co O C D z 6) m N O m D rn 0 0 r r M n 0 c z r- m O D r O M N 0 v O Z D 7 ADO MDOI r N s (/) � m o �v� F)o_ M �r1i -zi = O M m o D . I rn L J O m oo DZmi „ n � '�� (� o z D � m = �Al� x ro -0 p 1n . m o o= fTl rri rr-m w fTl T OT. On.p� :'r 1 O o0o r � D N r-D+ Zn°fio_� Q v1 < tj c) c m (''� O z m � CD 1 1 c7i m D D M Z �� ` J O m >" Co ? u o v Tj r r ; 'ti N o � ,..d � o � -16 LO r oL T i 0 D Z ' U O r 7O O C� I) 7 z D INSTR 4375298 OR 4520 PG 2220 RECORDED 12/18/2009 11:36 AM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $52,500.00 REC $35.50 CONS $7,500,000.00 Prgpared by and return to: Roger B. Rice, PA 9010 Strada Steil Court Suite 207 Naples, FL 34109 239-593-1002 File Number: 850 NWN Above This Line For Recording Data] Warranty Deed ._.; This Warranty Deed made this ecember, 20 company whose post office address is 15 1VI 1 Street, Suite 500, A Florida limited liability company whose lce.�ddress is 9010 grantee:' �, .�... (Whenever used herein the teens "grantor" individuals, and the successors and assigns of Witnesseth, that said grantor, for tend Lonsideralioh_-I °the'.str of good and valuable considerations to sidiantor in hand paid by sai,gr has granted, bargained, and sold to the Aid` ntee, and grantee's h \_. situate, lying and being in Collier County taOda to -wit: Exhibits "All and t,B"� w _. CG II, LLC, a Florida limited liability 44308, grantor, and 850 NWN, LLC , a SSteil Ct, Suite 207, Naples, FL 34109, heirs, legal representatives, and assigns of 100 DOLLARS ($10.00) and other t whereof is hereby acknowledged, ever, the following described land, Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and ]awful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2009. SIGNATURES INTENTIONALLY APPEAR ON NEXT PAGE DoubleTimea OR 4520 PG 2221 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: V-si6UAI Witness Name: I Witness Name: �iJDlt ti r 014t t4i yi State of Ohio County of Summit The foregoing instrument was ackn, President of CG Il, LLC, a Florida lii [XI has produced a driver's license as [Notary CG C, a Florida limited liability company By: 1� Jo ph R. eber, Vice President 36-6re"°m hrs —1. day ity company, on beha°gf the 2009 by Joseph R. Weber, Vice e [_] is personally known to me or Notary.—L -- —-------- � s �ni�� Name: s PAbQ S. ]GAWhL�"�� NOTARY PUBLIC - 0hjO �Gf M7COMIVisSI�tR' My Commission Expires: EXMU APRIL z sh., 2014 Warranty Deed - Page 2 DoubleTimes OR 4520 PG 2222 LEGAL DESCRIPTION SOUTH PARCEL OF CG II LLC, WITHIN PHASE TWO PLAT OF CITY GATE COMMERCE CENTER. A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THENCE NORTH 89'13'01" EAST ALONG THE NORTH LINE OF SAID SECTION 35. A DISTANCE OF 590.33 FEET TO THE NORTHEASTERLY CORNER OF LOT 1, CITY GATE COMMERCE CENTER, PHASE ONE, AS RECORDED IN PLAT BOOK 41, PAGES 6 AND 7 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID PLAT, THE FOLLOWING COURSES; THENCE SOUTH 00'28'39" EAST, A DISTANCE OF 163.01 FEET; THENCE SOUTH 29'30'45" EAST, A DISTANCE OF 52.47 FEET; THENCE SOUTH 31'30'28" WEST A DISTANCE OF 70.02 FEET; THENCE SOUTH 00'47'14" WEST, A DISTANCE OF 124.70 FEET; THENCE LEAVING SAID EAST LINE, NORTH 61'09'57" EAST, A DISTANCE OF 203.97 FEET TO TH„E -,"LINE-OF A 170.00 FOOT WIDE FLORIDA POWER & LIGHT COMPANY (FP4 j RTC=ol 'EMENT, RECORDED IN OFFICIAL RECORD BOOK 681, PAGE 12D H1= .� U L1 � £ 4 S OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 58=�Alr EAST ALONG SA " EIS RIGHT-OF-WAY, A DISTANCE OF 596.93 FEET, CE SOUTH 00-47-14" EST LONG SAID FP&L RIGHT-OF-WAY A DISTANCE ? 'Z07�2.7��-�E�ET� ��t THEaTUT LINE OF THE NORTH HALF OF SAID SECTION 35, tHEf' NORTH", 89'00`Q1" ALONG SAID SOUTH LINE A DISTANCE OF 170 08, FEET, "TAl k170;00 FOOT FP&L RIGHT-OF-WAY AND THE PQINi 0� B GI ItNG; IfH E"'JA0 TH; 00'47'14" EAST, ALONG THE EASTERLY 31NE;�F SAI �70..06IF6,6t. FP&�. R HT OF -WAY, A DISTANCE OF 603.11 FEET, THEN T t= '>� R H- �9'� 4 "c!E4' T, A,I TAN 10F 43.96 FEET, TO A POINT OF CURVATURE; ENOE 382.70 FEET ALONG THE AR :OF A CURVE, CONCAVE TO THE SOUTH, HAVING =ADIOS OF 1015.00 F �'HF�O GW A CENTRAL ANGLE OF 21'36'10" AND BEING SU' ED BY A CHORD Rlfilr �,'�SOUTH 80'07'15" EAST, WITH A CHORD DISTANCE J'3601.43 FEET, TO THE OF A COMPOUND CURVE; THENCE 102.77 FE 'CG, THE ARC OF A 4 R1rE, CONCAVE TO THE NORTH, HAVING A RADIUS 0 Sf FEEF, R00 ""A CENTRAL ANGLE OF 00' 15'31 " AND BEING SUBTENDICI BEARS SOUTH 70'04'40" EAST, WITH A CHORD DISTANCE OF 102:7-7 F''V; THENCE NORTH 19'09'51 " EAST, A DISTANCE OF 60.00 FEET, TO A NON -TANGENTIAL POINT ON THE ARC OF A CURVE; THENCE WESTERLY AND NORTHERLY 39.63 FEET, ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90'49'47" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 25'25'16" WEST, WITH A CHORD DISTANCE OF 35.61 FEET, TO A POINT OF TANGENCY; THENCE NORTH 19'59'38" EAST, A DISTANCE OF 67.24 FEET, TO A POINT OF CURVATURE; THENCE 43.09 FEET, ALONG THE ARC OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 841.62 FEET, THROUGH A CENTRAL ANGLE OF 02'56'02" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 17'01'34" EAST, WITH A CHORD DISTANCE OF 43.09 FEET; THENCE SOUTH 10'57' 16" EAST, A DISTANCE OF 158.94 FEET; THENCE SOUTH 85'38'24" EAST, A DISTANCE OF 338.46 FEET; THENCE SOUTH 72'06'08" EAST, A DISTANCE OF 282.15 FEET; THENCE SOUTH 00'56'42" EAST, A DISTANCE OF 407.20 FEET, TO THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 35; THENCE SOUTH 89'00'01 " WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 1206.75 FEET, TO THE POINT OF BEGINNING. CONTAINING 14.58 ACRES, MORE OR LESS. BEARINGS FOR THE ABOVE DESCRIBED PROPERTY ARE BASED ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - BEING NORTH 00'29'15" WEST. *** OR 4520 PG 2223 *** LEGAL DESCRIPTION NORTH PARCEL OF CG II LLC, WITHIN PHASE TWO PLAT OF CITY GATE COMMERCE CENTER. A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THENCE NORTH 89'13'01" EAST ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 590.33 FEET TO THE NORTHEASTERLY CORNER OF LOT 1, CITY GATE COMMERCE CENTER, PHASE ONE, AS RECORDED IN PLAT BOOK 41, PAGES 6 AND 7 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE CONTINUE N 89'13'01" EAST ALONG THE NORTH LINE OF SAID SECTION 35. A DISTANCE ' 2,t8�0,6 FEET, TO THE POINT OF BEGINNING; THENCE LEAVING SAID IN� 9UH0°'49" EAST, A DISTANCE OF 464.88 FEET; THENCE SOUTH: 5" WEST,"��-St� E OF 65.00 FEET; THENCE SOUTH 13'34'02" EAST, A D1 TtCE OF 442.44 FEES," NON -TANGENTIAL POINT ON THE ARC OF A CURVE;- 1R',NCE WESTERLY 117.46 ET LONG THE ARC OF A CURVE CONCAVE TO THE,1NOR3`M HAVIINGIl OF 9.7 FEET, THROUGH A CENTRAL ANGLE OF 30 648' ANIJ 1 BEING SUBTEN ,ED BY �A CHORD WHICH BEARS SOUTH 79'04 51 " WEST WITS = 4R5S� F 10 BEET, TO A POINT OF REVERSE CURVATURE; THENCE -51 F ETE SAC iN H �AFZC OIF A CURVE CONCAVE TO THE SOUTHEAST, HA N(3' A lRAt U 5� F ,(TH OUCH A CENTRAL ANGLE OF 96'32'24", AND BEING $l i 6 0�G t b�RD H161-1 4RS SOUTH 46'50'26" WEST, WITH A CHORD DTAAICE OF 396.10 FE TO A P01NOF COMPOUND CURVATURE; THENCE 9.1 �T ALONG THE ARC A C11VE CONCAVE TO THE EAST, HAVING A RADIUS ROA`�,�L ANGLE OF 01'28'37" AND BEING SUBTENDED B'--C'kQRD WHICH BEARS S �b3'21'55" EAST, WITH A CHORD DISTANCE OF 9.12 F�,TENICE NORTH ,N89' 47"/ EAST, A DISTANCE OF 606.97 FEET;THENCE NORTH 58"4`�T,E OF 392.68 FEET; THENCE NORTH 00'39, 45 WEST, A DISTANCE 40)7 4- :-1 ET, TO THE NORTH LINE OF SAID SECTION 35; THENCE SOUTH 89'13'01" WEST, ALONG THE NORTH LINE OF SAID SECTION, A DISTANCE OF 594.79 FEET, TO THE POINT OF BEGINNING. CONTAINING 17.66 ACRES, MORE OR LESS. BEARINGS FOR THE ABOVE DESCRIBED PROPERTY ARE BASED ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - BEING NORTH 00'29'15" WEST. EXHIBIT a!5 8 INSTR 5680312 OR 5604 PG 2920 RECORDED 3/6/2019 9:53 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $6,762.00 REC $27.00 CONS $966,000.00 PROJECT: Sports Complex PARCEL: A portion (4.83 acres) of Lot 10, City Gate Commerce Park, Phase Three FOLIO: 26095004422 Consideration: $966,000.00 THIS WARRANTY DEED is made this day of March, 2019, by CG II, LLC, a Florida limited liability company, whose address is 121 South Main Street, Suite 500, Akron, OH 44308 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Ste 101, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee. all that certain land situate in,,Cot1�erCounty, Florida, to wit: See Attached E.,Subject to ea; ya TOGETHER with al belonging or in anywise apl TO HAVE AND TO H . { y A'" which is incorporate its41 , resric ions, Jma. and rese ning. same in fee si in by reference. ►ns of record. 3 ;id appurtenances thereto AND the Grantor hereby cc3 n 10WV� t ad r ntee that the Grantor is lawfully seized of said land in fee simple; that`°��Cµfias good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Print: /i '111 � ✓ �c k.� Witness (Signature) Print: �r►'�'�.�Ck-�:lr+-N CA CG II, LLC, a Florida limited liability company By: y � l 4 L,&�= seph . Weber ice President (Notary on following page) N OR 5604 PG 2921 STATE OF O h ( 0 COUNTY OF 0,!A i The foregoing instrument was acknowledged before me this I' day of March, 2019 by Joseph R. Weber, as Vice President of CG II, LLC, a Florida limited liability company, who ism personally known to me or who has [ ] produced as identification. WITNESS my hand and official seal this S { day of March, 2019. (affix notarial seal) A. Vq'''% Q O Approved as to form and legal JenniW A. Belpedio, \ Assistant County Attorney 11aco (Si'y� nature of Notary Public) MiGke I I k Wo�;LSGn (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #(if any):: M/A ' // My Commission Expires: 41131 HE *** OR 5604 PG 2922 *** Exhibit "A" A PORTION OF LOT 10, CITY GATE COMMERCE PARK PHASE THREE, AS RECORDED PLAT BOOK 63, PAGE 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF SAID LOT 10, LESS THE WEST 52.77 FEET. p m m£ rN L N U p V N J ail t, LOT 9 CITY GATE COMMERCE PARK PHASE THREE (PB 63, PG 84) PARCEL No. 26095004422 CG II uc N00046'59"W D M Q A D 30 m En< �m� nr p n ,°i,, n 0 C) �D Imo FS i t 0 O µ N M II REMAINDER LOT 10 CITY GATE COMMERCE PARK PHASE k-111t-% (PB 63, PG 84) . S00°46 59 - b »:. PARCEL No. 260950048, ra(ORB 5�0 ", AG 3925) LOT 28', d $€ t r I t 9 T P ij PC#%) LnI I co 0>-0OAr V-uO r..l O j mo1—vCmCm\m OmA m �m{OII0> '0D�o�CC) vvm f>ir'yAA��n->icmmZ�zm�� z n z0 �mr z�n0(D-, IT O OD N l^1 Qi p'iD �mOr n>00 =14c: (N> i c In xA ,Z>, I �� C�Km> Z o M D m 4zm�KN OA M z m D N N mo z z s A ~ N V N N O a, mp x '`{r1a P1 g> E� v_ C d a, z v O O O 4 O ~ z 200zva zA>�zr� pvm AomA;u coW PPgm�1- 0A�Cm znn xfo�mn o00Morno O niew- ZZ O ZN m Eir-' n � M O nT7ppC)n O-0ODA-N Z [J � �FiCo o [C�' 1gt�•I mmmm �A� rD �;DA:� m �Z� o,0„fm Z yrp�OD A `"oNM tno�i} i� a CtlS V -i >1 "L MOCLj Mm 11--r� vm gs'� 9 pom� lnmv - :4 O00Z >'� .'S1 m. .T)p1 ex(j!Y DO>K m P r i >.Z o 6om a oF42Zsrors -z ;O N pVC, 7CmZ! M. >�nc0', I Am A�+oa C > - Ln zo z 0000 m Z O Z�Y�0- �,.�.�.,,�,"- -g-' �'•> Z 8zi1 z� z' N A o A yym yyMK � >; 6M D�m 2 m CcVI pgC O A, mz i pm p r m o o� a o� om=y oM D o z F OF 0 0, 0 OA Z�x� � o1i11 H'O z,a,>e A m �1O(AOz Z Aoc Z ZA > ;<v � m y f�ODm o��c AOm M z 11 o <A Z 0 >'Am DCA M r D .TCI [, R V,Mm 0 zz M< 4 < Zc:N-( K m Z A > 00 0 M o o n>; mm0 m OO In m ., ti ms ram..,, insT• a u N 0 p' -C ��C z m yO D x As�„ Z D ON -0 ON Zf�l D ps' m-0 05 r��A -0D m -4v, xm r a Ao 6 Z Z com < VI D U ZMO 1* O \O� N �Oz m Z MN JC A 1nZ M1 ��, /J? Y Z m �D m >38 z Z C' O D z p>y p0� (Z�r� mma m> 1 SO N Z > Cm Z Z 91 mprr� x O z D O M m r 0 Z OM ,Z N O Omm O 2 N 5 0 O r D y Z Z z mo mo v, 0 m, o Z -Im Cz O1n ZO D O o> A" C p N; c D op m O z Io �' 0 0 o v,� yy �z nr' �> mZ m0 Zy1 HA �Tml o m CX (K MD z z my yo --1 C 50 D VDmI 2 M--y- C m r N A O O A 00 00 . j > y `Do Z O 0 U 0 C N m O V z A V I m v m z = > m0 za m D N ? M o D 'I 92 146' 46' �I III 9 CO G3 W a C) r w II z > o=> Vl OCO Z O 0 O ro mo O O _~ O pO2 R !n pip n il 00 m cziEa 208 OC U N m A O 2 V �n w U9 T 'o' O oora EZ"o r�-X >>c m1nro O r V "5� O '9 .Tm1 0 o 14 �zN�mz '0 o mz O 00 Dmf; {moo 0. oyv�o pz N O z11, N N 00 FP z m m 0 Z A D b y N 00 �O z O, u N m rn� A O O a ca C C Z M D .< m f 8�ila 1 9 s r REVISIONS A PORTION OF LOT 10 CITY GATE COMMERCE PARK PHASE THREE (PLAT BOOK 63, PAGE 84) PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA' SECTION 35COLTOWNSHIP28 EAST ER COUNTY, FLORIDA m a=i $a z mg�aiQ, m 4 0 m �^ y 0 M INSTR 5551246 OR 5505 PG 3919 RECORDED 5/4/2018 11:08 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc@.70 $28,000.00 REC $27.00 CONS $4,000,000.00 PROJECT: Sports Park PARCEL: Lot 26, City Gate Commerce Park, Phase Three FOLIO: 26095004804 co"4 iclec hir' a" ' 4f 'y, 660 oCb Af�- WARRANTY DEED THIS WARRANTY DEED is made this 2"CA day of May, 2018, by CG II, LLC, a Florida limited liability company, whose address is 121 South Main Street, Suite 500, Akron, OH 44308 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Ste 101, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: A See Attached Exhibttf'��`wlfiich is incorpa,ierein by reference. Subject to eas�meis restirl cttons, c nd res nraf ons of record. ft TOGETHER with al tl tn eneen fedlt�nt and appurtenances thereto belonging or in anywise ap'Crtrg TO HAVE AND TO HOMthe same in fee s°,ifplo for6r. s AND the Grantor hereby dui ants with said- r ntee that the Grantor is lawfully seized of said land in fee simple ' a ,`t6- i i ood right and lawful authority to sell and convey said land; that the 4i;ra�tor` heby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. uu),-Seo Witness (Signature) Print: cht I le A. VzLriSLU Witness (Signature) Print: pr�'(�c..:. G Lc. 'T'. . P- to C.-V CG II, LLC, a Florida limited liability company By: 1 1f o eph eber ce President A THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY CONNISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT T AGENDA, DATEDs �' a ITEM NO. r (Notary on following page) OR 5505 PG 3920 STATE OF OIi1 i o COUNTY OF 51,k►'V1 m i + The foregoing instrument was acknowledged before me this —ZLdday of May, 2018 by Joseph R. Weber, as Vice President of CIS II, LLC, a Florida limited liability company, who is H personally known to me or who has [ ] produced as identification. WITNESS my hand and official seal this 2-1 day of �/ , 2018. (affix notarial s�,►►►►►,,,,,�� 4ey� GA " TA E'SC S ' Of s IN of ' Approved as to form and legality Jenn'ftr A. Belpedi%) Assistant County Attorney L&dk OoA As c.c� (Signature of Nota Public) - M c-vie- < l-e 7, var isu) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #(if any): tJ My Commission Expires: 4 4 La --- OR 5505 PG 3921 --- Exhibit ®A' Lot 26o CITY GATE COMMERCE PARK PHASE THREE according to the Plat thereof, recorded in Plat Book 63 Pages 84 — 90 of the Public Records of Collier County, Florida. \\5 ` ® ~e \� : . . It ; \ , . � \\ .\< � � \ 9s « f \/ ( ; }� Q INSTR 5551248 OR 5505 PG 3925 RECORDED 5/4/2018 11:08 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc@.70 $28,000.00 REC $27.00 CONS $4,000,000.00 PROJECT: Sports Park PARCEL: Lot 28, City Gate Commerce Park, Phase Three FOLIO: 26095004846 �- WARRANTY DEED THIS WARRANTY DEED is made this Zed day of May, 2018, by CG II, LLC, a Florida limited liability company, whose address is 121 South Main Street, Suite 500, Akron, OH 44308 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Ste 101, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: r See Attached Exhibit,,' ich is incor herein by reference. Subject to easemertit, restrictions,. and resva,ons of record. TOGETHER with all th,0 tienern6rits, Jhe it6�� ts{ and appurtenances thereto belonging or in anywise ap"E)r��i6+r h µ„ .i, w TO HAVE AND TO HOW he same in fee 41 ' s AND the Grantor hereby d�ants with said ntee that the Grantor is lawfully seized of said land in fee simple attrcah�ood right and lawful authority to sell and convey said land; that the Geby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Witness (Signature) Print: I che I to AV L-d Witness (Signature) Print: �'4��-� C, CG II, LLC, a Florida limited liability company By: seph . Weber ice President (� THIS CONVEYANCE ACCEPTED BY TKE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIpA, PURSUANT aTACEI�A,DATED: y ITEM NO. (Notary on following page) OR 5505 PG 3926 STATE OF Oh I COUNTY OF SUM �Vt rt The foregoing instrument was acknowledged before me this 2-'lcj day of May, 2018 by Joseph R. Weber, as Vice President of CIS II, LLC, a Florida limited liability company, who ism personally known to me or who has [ ] produced as identification. WITNESS my hand and official seal this lyAd day of MO-V 2018. (affix n VAR/ "', szarE o,t,0 R= )EO IN ;SION u8441S Approved as to form and legality Jennifer A. Belped o, Assistant County AtZmey (Signature of Notary Public) . M t che_ I, le dk � VCa Ir- CSC o (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #(if any): N/A My Commission Expires: L4/13/ 1 q *** OR 5505 PG 3927 *** Exhibit "A" Lot 28 of CITY GATE COMMERCE PARK PHASE THREE, according to the Plat thereof, recorded in Plat Book 63, Pages 84 — 90 of the Public Records of Collier County, Florida. INSTR 5014245 OR 5063 PG 2207 RECORDED 8/1/2014 1:32 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $38,675.00 REC $18.50 CONS $5,525,000.00 PROJECT: Joint Land Purchase FOLIO: 00298480005 SPECIAL WARRANTY DEED _ATHIS SPECIAL WARRANTY DEED is made this 15+- day of UQ U�S-_ _, 2014, by ASSET RECOVERY XVIII, LLC, a Florida limited liabili company, whose mailing address is c/o David P. Applebaum, One Wall Street — 16t' Floor, New York, NY 10286 (hereinafter referred to as "Grantor"), to BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112 (hereinate;lfiCtrvely referred to as "Grantee"). (Wherever used herein.thy*ism "Grantor""444 " antee" include all the parties to this instrument and theafective heirs, legal �pr6*entatives, successors and assigns.) WITNESSETH That the--- �, r, fo, ri era ion of the sum of Ten Dollars ($10.00) and both r iva Qal le I c s �t receipt whereof is hereby acknowledged, hereby 6,rantaeir s� sll, liens rem releases, conveys and confirms unto the Grante aijihi certain"land S uate i of r County, Florida, to wit: The West Y2 of Secti6615 wnship 49 Sou e 6 East, Less and Except the land South )&f4i, lortherly Right -of 1 y Access Road No, 1, Accordingto Road Book3 �,6, of the Publd ecords of Collier County, Florida. s Subject to easements, restrictions, and reservations of record. This is NOT Homestead Property TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that. said land is free of all encumbrances except as noted above. ved as to and legality Sco R. each, Deputy County Attomcy THIS CONVEYANCE ACCPTED By T1* IIOAOD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUAtI� fNDA, I GATED • ,J j„ 1 ITEM NO. *** OR 5063 PG 2208 *** PROJECT: Joint Land Purchase FOLIO: 00298480005 Page 2 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. DATED: -7 L-1 I tq,_ WITNESSES: ASSET RECOVERY XVII1, LLC, a Florida (Printed Name) (Printed Name) STATE OF I�PLLQ Y0)9-K_ COUNTY OF )P-0 gr)41C— The foregoing Special Warranty Deed was acknowledged before me this_ day of _ Zj a , 2014 by David P. Applebaum , —on behalf of Asset Recovery XVIII, a Florida limited liability company, who is (personally known to me r who has produced as identification. (affix notarial seal) .per (Signature of Notary ViPublic) / /?-(, ol ,4. .414XZ=.�1' (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: ALVIN A. NARIN Notary Public, State of New York No. 02NA4976709 Qualified in January 22, 0 ork ounty Commission Expires DE DAVIDSON ENGINEERING CITY GATE COMMERCE PARK FOLIO NUMBERS CITY GATE COMMERCE CENTER PHASE ONE: LOT 1: 26095000086 LOT 2: 26095000109 LOTS 3 & 4: 26095000125 LOTS 5: 26095000167 LOTS 6: 26095000183 LOT 7: 26095000206 LOT 8: 26095000222 LOT 9: 26095000248 LOT 10-12: 26095000264 LOT 13: 26095000329 LOT 14: 26095000345 LOT 15: 26095000361 LOT 16: 26095000387 TRACT A: 26095000028 TRACT R-1: 26095000044 TRACT R-2: 26095000060 ITY GATE COMMERCE PARK PHASE THREE: LOT 1: 26095004228 LOT 2: 26095004244 LOT 3: 26095004260 LOT 4: 26095004286 LOT 5: 26095004309 26095004325 LOT 6: 26095004341 LOT 7: 26095004367 LOT 8: 26095004383 LOT 11: 26095004448 LOT 12: 26095004464 LOT 13: 26095004480 LOT 14: 26095004503 LOT 15: 26095004529 LOT 16: 26095004545 LOT 17: 26095004561 LOT 18: 26095004587 LOT 19: 26095004600 City Gate Commerce Park Folio Numbers October 22, 2020 1 DE DAVIDSON ENGINEERING LOT 20: 26095004626 LOT 21: 26095004668 26095004642 LOT 22: 26095004684 26095004707 LOT 23: 26095004969 LOT 24: 26095004765 26095004749 LOT 25: 26095004985 TRACT RL: 26095004189 26095004202 TRACT A: 26095004024 TRACT B: 26095004040 26095004066 TRACT R: 26095004082 TRACT R-1: 26095004105 TRACT R-2: 26095004121 TRACT R-3: 26095004147 26095004163 CITY GATE COMMERCE PARK PHASE REPLAT LOT 9: 26095002521 LOT 26: 26095002547 TRACT R-4: 26095004927 CITY GATE COMMERCE CENTER PHASE TWO REPLAT LOTS 5 & 6: 26095000921 AND: FOLIO: 00298560501 36 49 26 COM AT THE NW COR OF SEC 36, THEN S 00 DEG 30' 14" E ALG THE E LINE OF THE NE1/4 OF SEC 35 FOR 335.24FT TO POB, THEN N 89 DEG 13' 01" E FOR 1403.49FT TO A PT OF CURVE TO THE RIGHT, THEN ALG CURVE TO RIGHT FOR 1232.62FT, THEN S 00 DEG 27' 26" E FOR 1815.14 FT, THEN S 89 DEG 13' 01" W FOR 2247.89FT, THEN N 01 DEG 57' 22" W FOR 264.22FT, THEN N 86 DEG 27' 31" E FOR 66.98FT THEN N 00 DEG 30' 14" W FOR 2334.07FT TO POB Note: Folio numbers will be updated to reflect the recently approved/recorded City Gate Commerce Park Phase Three Replat No. 3 (Plat Book 68, Pages 59-60) when information is available from the Collier County Property Appraiser. City Gate Commerce Park Folio Numbers October 22, 2020 2 SINCE 1946 0 E N G I N E E R I N G DESCRIPTION A PARCEL OF LAND LYING IN SECTIONS 35 & 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 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.00030'14"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 S.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„ 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. S.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. S.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. S.00°47'14"W., FOR 870.39 FEET, 2. S.89°31'01 "W., FOR 456.51 FEET, 3. N.00°29'15"W., FOR 1,259.50 FEET, 4. N.89°13'0I"E., FOR 5,182.54 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL OF LAND CONTAINING 419.60 ACRES, MORE OR LESS. Page 1 of 1 uia DAVIDSON E N G I N E E R I N G ESTABLISHED 1997 4365 RADIO ROAD SUITE 201 NAPLES, FL 34104 239-434-6060 PROJECT: CLIENT: EXHIBIT DESC: CITY GATE COMMERCE PARK PUD CITYGATE DEVELOPMENT LLC, CITY GATE PUD LOCATION MAP CG 11, LLC & 850 NWN, LLC, LOCATION: COLLIER COUNTY NOTES: NE QUADRANT OF THE INTERSECTION The total area of the City Gate Commerce Park PUD is ±419.6 acres OF INTERSTATE 75 (1-75) AND COLLIER Date Saved: 10/13/20201 (BASIS OF BEARINGS FOUND 5/8" IRON ROD N, LINE OF LOT 6 AND CAP, LB#7705" N. BOUNDARY of CITY GATE BOUNDARY OF CITY GATE COMMERCE CENTER, PHASE THREE COMMERCE CENTER, PHASE ONE N89°13'01"E(P) 5182.53 -------------_—_-------------- __-- d . (M - -----_-2433.73'(M)_ ====— �IW^ — _ — — -1 r FOUND 1" IRON PIPE FOUND 1 "IRON PIPE I I - V — — — — — — — — — — n :-• I I I� FOUND PK NAIL & DISK ' I 'LB#642, PRM" "LB�/642, PRM" I PARCEL No. 26095004309 PARCEL CG 1126005004341EO ! 1 I CG I I LLC I I - '..:.:, �' (NO OFFICIAL RECORDS INFORMATION) I I M ui I {P>3 4i �:r 6; "LB7705" 1 ; <<,. 2 3 4 — — — — I I — — _ - - _: I I (NO OFFICIAL RECORDS INFORMATION) 6 o M "-------------- -- ..,,TS..'>....) 6 I 5 O co :.:-PG..24 L I I E. LINE OF LOT 6 2 CD TRACT R-2 rn — (— 13 �I p4jll� N CD Zo ..-. r.:.� :............... :. _:R. ... ....... ........ 14 � I 5 6 \ O S89°31'01 "Wl FOUND 5/8" IRON ROD I - _ 456.51'(P� AND CAP, "LB17705" — — — — W CITY GATE DRIVE SET 1/2" IRON ROD a AND CAP, 181642" 89°31'01 "E- 0 �00 a II II 454.7 o 2'(P) I SDI I Ila zN I� FOUND 5/8"IRON ROD I 8 I OI AND CAP, LB17705" a I I III o I III LO 9 I I I I I I I _ CITY GATE BOULEVARD NORTH 4— — TRACT R-1 . _.. �'° .....ii:::R'.:i::. .:.. -:R � :�::.'".......... :........... {?B 65, -r 84)-------- 1 - PARCEL N0. 26095000921 - �1 �s8o / BOUNDARY OF CITY GATE r — — — — — — — — — — - - — — — — — TRACT R-2 3p, COMMERCE CENTER, PHASE THREE I - - � SOUTH FL WATER MGMT DIST_ _ FOUND PK NAIL & DlSKo3I/�j 1 1 I I Z (ORB 4618, PG 1866) _ - - LB17705 S96 I I I I 00 0 _ .;...........:......- RAJ I I I I PARCEL No. 26095004367 't 0 i : i t'.ii::: i :i:::'...:`:, o I PARCEL No. 26095004943 O L — — — — J 850 NWN LLC 0 z B XX, P/= XX' - CG II LLC (NO OFFICIAL RECORDS INFORMATION) J o FOUND 1" IRON RM' I I I I I 7 a° Z p g TRACT B I (NO OFFICIAL RECORDS INFORMATION) a II 00 12 II II Zow I I II I w Q U U III i ARC _•�;s. O {i=i.3 65, PG 95) II I I I U O--------- 13 z — I ------- o II ICI L-------- 0 II— — — — —I lam 1 I I I I z< I I PARCEL No. 26095004066 / I PARCEL No. 26095004189 FOUND PK NAIL & DISK I I CG II LLC I CG II LLC I I I paglH PARCEL No. 26095004040 I I PARCEL No. 26095004202 LB#642" I I W - — 14 I 850 NWN LLC 850 NWN LLC II — I I I I (NO OFFICIAL RECORDS INFORMATION) I I (NO OFFICIAL RECORDS INFORMATION) x4" FOUND 41CONCRETE MONUMENT 1811772" � I I I I TRACT B II TRACT RL I 26 I BOUNDARY OF CITY GATE O O COMMERCE CENTER, PHASE ONE Z I I 1 5— �=:R,:::, .=.cr::::::.::_. III -------------- I I a :.: ; S. : XX,hG.:XX) — I I I I I I -a00 II I I I PARCEL No. 26095004642 � I I PARCEL No. 26095004969 CG II LLC I I PARCEL No. 26095005007 0 M I III CG II LLC CO I (NO OFFICIAL RECORDS INFORMATION) COLLIER COUNTY CD to I 16 I I PARCEL No. 26095004668 0 I 0� 1 I I I I I 850 NWN LLC o0 Z I I (NO OFFICIAL RECORDS INFORMATION) FOUND --I I BIRON 50D B(NO OFFICIAL RECORDS INFORMATION) _j ANCAP, LB 0COMMERCE CENTER, PHASE THREE 22 II II I :2321 0 IRON ROD 0FOUND 5/8" . II II� 89 AND CAP, 1817705 17 zUx :O-.=N°04'40"E 690.82'(P) S: ? I I I I C5 I I 10 CITY GATE BOULEVARD SOUTH I I — — — —TRACT "A' — — — — I _ l :.` l J a 0 \ L � �� I /•.1;^' &,, I --------7,— II I _ - ''-- — — ---- ---- I— -- J T I I I ----L� I I II I I III \� C OIL BOULEVARD SOUTH _ TRACT R-4 BOUNDARY OF CITY GATE 15 �� \ — — — — ------- I III COMMERCE CENTER, PHASE ONE II ..�'� ... ':. — — — — — — — — — — — — — \ ,—_____ ___________ PARCEL 5004985 , I III I I I PARCEL No. 26095004749 CG I1 LLC I _ _ "" `` -' FOUND 5/8" IRON ROD�r "" ' "' I I I I I CG II LLC I NE 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 FOUND 1" IRON ROD AND CAP, "LB#642, PRM" PARCEL No. 00298480005 BOARD OF COUNTY COUNTY COMMISSIONERS OF COLLIER COUNTY (ORB 2628, PG 1174) N89013'01"E 1403.49'(( FOUND 112"IRON ROD AND CAP, "LBJ642" E. BOUNDARY OF CITY GATE COMMERCE CENTER, PHASE THREE REPLAT & THE E. LINE OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SURVEYED PARCEL CONTAINS 419.60 ACRES, MORE OR LESS SEE SHEETS 2 THROUGH 5 OF 5 FOR EASEMENT INFORMATION I (NO OFFICIAL RECORDS INFORMATION)I AND CAP, "LB 7705" -"' `'j' "�``"' "` `'- S. LINE OF LOT 26 / S. BOUNDARY OF # ':3 4:, PG 6 I I I I III 18 I 19 20 I (NO OFFICIAL RECORDS INFORMATION) I 25 I CITY GATE COMMERCE CENTER, .. 12 I I I 16 I I I 24 I I PHASE THREE REPLAT II I I ill II I _J---------� I \\ \ I I II I—:—I_---Jl-----------�— — — — — — — _ FOUND 5/8"IRON ROD \ L — — AND CAP, "LBJ7705" N43°36'37"W 96.29'(C) FOUND 4"x4" IRON ROD BOUNDARY OCOMMERCE CENTER, PCITY HAE 0 E- N43°47'54"W 94.86'(P) AND CAP Le#1772' LINE TABLE LINE I BEARING DISTANCE L1 S61 °09'57"W 203.97' CURVE TABLE CURVE RADIUS DELTA CHORD BEARING CHORD LENGTH Cl 336.00' 41°01'29" N23'17'09"W 235.47' 240.58' a 0 150 300 600 (INTENDED DISPLAY SCALE: 1 "=300') ORB = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE (C) = CALCULATED (P) = PLAT PRM = PERMANENT REFERENCE MONUMENT P.O.B. = POINT OF BEGINNING LB = LICENSED BUSINESS 0:\2019\20192019\Survey\CityGote PUD - Boundary.dwg (S1) BES Oct 10, 2019 - 7:07am S89°00'01 "W(P) 4909.52'(C) S. BOUNDARY OF CITY GATE 4910.0 3' (M ) COMMERCE CENTER, PHASE THREE uRP4:R ; P RK {=3 Si,* PG. 26) DESCRIPTION A PARCEL OF LAND LYING IN SECTIONS 35 & 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 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.0030'14"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 S.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„ 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.4336'37"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. S.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.5830'03"W., FOR 596.93 FEET, 3. S.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. S.00°47'14"W., FOR 870.39 FEET, 2. S.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. N01 °57'22"W 264.16'(C) 264.22'(M ) FOUND 1" IRON PIPE "LB1642, PRM" .E. LINE OF LOT 18 WHITE LAKE CORPORATE PARK PHASE THREE FOUND 1/2"IRON ROD AND CAP, 181642" FOUND 1/2"IRON ROD AND CAP, 1BJ642" PARCEL No. 00298560501 COLLIER COUNTY (ORB 5063, PG 2207) U N P L A T T E D S89°13'01"W 2247. PARCEL No. 00298480005 BOARD OF COUNTY COMMISSIONERS (ORB 5063, PG 2207) NOTES: 1. DATE OF LAST FIELDWORK: JUNE 28, 2019. 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE IN FEET AND ARE PROJECTED ONTO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83), 2011 ADJUSTMENT. 3. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF LOT 6, CITY GATE COMMERCE CENTER, PHASE THREE, WHEREIN SAID NORTH LINE BEARS N.89°13'01"E. 4. SURVEYED PARCEL IS IN F.E.M.A. FLOOD ZONE X (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD PLANE, NO BASE FLOOD ELEVATION DETERMINED) AS SHOWN ON THE NATIONAL FLOOD INSURANCE PROGRAM'S DIGITAL FLOOD INSURANCE RATE MAP (D.F.I.R.M.) COMMUNITY PANEL NUMBER 125106 0295 F, EFFECTIVE DATE: AUGUST 28, 2008. 5. SUBSTANTIAL VISIBLE IMPROVEMENTS OTHER THAN THOSE SHOWN, NOT LOCATED. UNDERGROUND IMPROVEMENTS AND/OR ENCROACHMENTS WERE NOT LOCATED AS A PART OF THIS SURVEY. 6. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. A TITLE COMMITMENT AND/OR ABSTRACT OF TITLE WAS NOT PROVIDED TO THE SURVEYOR. 7. THIS SURVEY DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. 8. NO ENVIRONMENTAL ASSESSMENT OR AUDIT WAS PERFORMED ON THE SURVEYED PARCEL BY THIS FIRM. THIS SURVEY WAS PERFORMED FOR THE PURPOSE SHOWN HEREON AND DOES NOT MAKE ANY REPRESENTATION AS TO THE DELINEATION OF ANY JURISDICTIONAL LINES EXCEPT AS SHOWN OR NOTED. THIS SURVEY DOES NOT PURPORT TO DELINEATE THE REGULATORY JURISDICTION OF ANY FEDERAL, STATE OR LOCAL AGENCY. 9. THIS SURVEY DOES NOT DETERMINE PROPERTY OWNERSHIP OR PROPERTY RIGHTS. THIS SURVEY LOCATED THE BOUNDARY IN ACCORDANCE WITH AND IN RELATION TO THE LEGAL DESCRIPTION. 10. ADDITIONS OR DELETIONS TO THIS SURVEY MAP OR REPORT BY OTHER THAN THE SIGNING PARTY IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY. 11. OFFSITE EASEMENTS BENEFITING THE SUBJECT PROPERTY ARE SHOWN ONLY WHERE THEY CONNECT TO THE SUBJECT PROPERTY. 12. SURVEYED PARCEL CONTAINS 419.60 ACRES, MORE OR LESS. °S 90 0 �7 , ems° 7'9: `P61, 70� 6) 7� FOUND 1/2"IRON ROD AND CAP, "LB1642" Of U u')z d 00 0No Lfi W g CV W :2 04 00 NOa W 0 6z CV Z O in ti N CD w L` 0' CD Of 0- Of a0 m FOUND 1/2"IRON ROD AND CAP, "LB1642" THIS SURVEY IS ONLY FOR THE BENEFIT OF: COLLIER COUNTY NO OTHER PERSON OR ENTITY MAY RELY ON THIS SURVEY. I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF CHAPTER 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472, FLORIDA STATUTES. BARRY E. SYREN (FOR THE FIRM L.B. 642) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5365 DATE 10/10/2019 SIGNED:- -------------------------- NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. THIS CERTIFICATION IS TO THE DATE OF LAST FIELD WORK AS SHOWN IN NOTE 1 AND NOT THE SIGNATURE DATE. ENGINEERING JOHNSON ENGINEERING, INC. 2350 STANFORD COURT NAPLES, FLORIDA 34112 PHONE: (239) 434-0333 FAX: (239) 334-3661 E.B. #642 & L.B. #642 I— W Q0 N (D W U z Q =o W 0 U) 0 J LL C G a) 0- d > Z O _ Z) U z0 3: (if W O W J CO 0 U rQ V 06 Lf') C") U) 0 O U w U) Z u O Z a O0 U U) w 0 Lu w F- C) DATE: 06-28-19 PROJECT NO. 20192019 FILE NO. 35-49-26 SCALE: 1 "=300' BOUNDARY SURVEY SHEET NUMBER 1 OF5 SURVEYED PARCEL BOUNDARY — — — — — — — — — — — — — — — — — — —r ------------------I III---- - - - - - - - - ------- __________________ ------------- ------- -------- — — — — — — — — ---------------------- — — — — — — — — — — — — — — — — — — — — C -------- =------------ - - - - - - - ------- ------------- ------------- ---- 20" LBE &CANAL AE I I __ — — _ _ _ — — — — — — — --------------------------I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 10' LBE -50' DE I 20'UTILITYEASEMENT 20' PUE 1 E 50' DE I 10' LBE P-SITE 1 (ORB 3965, PG 2890) 25' •• 10' LBE II 110'OLBE I I 1�L I 25, RAW WATER WELL EASEMENT (ORB 4619, PG 1116) I I� \\\ 1 1 25' 25' 2 125' 3 DE DE 4 FPL R/W EASEMENT I I I \ \\\ DE DE I - (ORB 681, PG 1210) I I I \\\\\ I I I 1 DRAINAGE & MAINTENANCE EASEMENT I I :., :..;...,: :•. :.. ....:::. :.. :..::: t:::::"_ :•, :;;• :•, :...:.:..;. ;... ;.. I \ \ I 1 \\ \ -----------J — — — — — — — — — RECIPROCATED DRIVEWAY EASEMENT — :: •.:: ;••:::... •..: ,.:: •::::•::...: : ..::... c.: E::.: •: t :::.: , .. > -:':::::::. .,..:: ' f": ' > '•:. :;: 50'DE (ORB5132, PG 1787)- ::; [ ... . :i ;':;'•.,f / ----- --- "` -- -------------------- 2 CITY GATE BOULEVARD NORTH — — — — PUE I��I pE• G�L� — — — — TRACT R-1 — (R/W, DE, PUE, AE, CUE) — — 15'LBE — — — ------ i � ----------\�\-----------------�--- \ ------- -- ---� 1 10'PUE� 50' -------------- _ _ _ --- �RI�' /— 50' DE � � 1 — — — I CITY GATE BOULEVARD NORTH TRACT "R-2" (PRIVATE R/W, AE, CUE, PUE, IE, DE) Q'i I I ( WI Lj v I 10' LBE-- I I I o �oo I I 3 I 15' LBE aw I v�- I 13 I I I I I I I I I I I I I LBf� 4 i I I I I I I I I I I I I I I I I I I I j 14 I I I I I I 5 \ \ I \ \ 15' LBE I ` 'CUE1 I � X 1 15' LBE I 6 I \ \ I I \ � 1 10' CUE 15' LBE I I CITY GATE DRIVE UTILITY EASEMENT SURVEYED PARCEL BOUNDARY � (ORB 2861, PG 1068) — —— —_ _ _ _—_l I 15' LBE 20' UTILITY EASEMENT 1 15' DE (ORB 2861, PG 1057) I 1 I II I I 15' LBE 25'1 1 7 10' CU�---1 LBE 1 :..::..::... 1 I ..: , ......: . I I I A I 1 I I II w I 1 a 70' ACCESS ROAD No. 1 I OG�I Li Tw I I I I E m I I I x I I II I I I I 9 .3 "r I I II 1 I II I I 1 I 15' LBE �--{ LBE I I 10' CUES —I II I 10 III 41'x45' --------------- —L— I 1- — — — — — — — — — ----------------- ---- _ � 5' LBE \\ \ SURVEYED PARCEL BOUNDARY �0 0 \ \ \\ // \\ I I I _ I10'PUEI I I I 15' LBE 50' DE I I :.,: a 0 50 100 200 (INTENDED DISPLAY SCALE: 1 "=100') LEGEND ORB = OFFICIAL RECORDS BOOK PG = PAGE LBE = LANDSCAPE BUFFER EASEMENT PUE = PUBLIC UTILITY EASEMENT DE = DRAINAGE EASEMENT AE = ACCESS EASEMENT CUE = COUNTY UTILITY EASEMENT LME = LAKE MAINTENANCE EASEMENT IE = IRRIGATION EASEMENT ME = MAINTENANCE EASEMENT R/W = RIGHT—OF—WAY FPL = FLORIDA POWER & LIGHT, CO. 'SEE SHEET 1 OF 5 FOR BOUNDARY INFORMATION* 13 25' S0' DE —25,J--- ------- I 14 I III I I III I " �� • 170' FPL EASEMENT I III I 15 (ORB 681, PG 1210) I III II I I I I III I I I I III I I I I III I I I I I III I I I 1 155' ACCESS EASEMENT I III I I 1 (ORB 3927, PG 3219) I III I I III I I I 15' UTILITY EASEMENT III I 16 I (ORB 3927, PG 3221) 120' UTILITY EASEMENT I I II (ORB 3927, PG 3223) I I III I I I N� -I 25' DE I I III I 25'-So' DE 1 I I III --------------I I III I 25 50DEI I I III 110' PUEI I I III I I I I III I I I— 50" DE � I J11 1 17 / I 40' UTILITY EASEMENT (ORB 2861, PG 1053) T— — — — — — — CITY GATE BOULEVARD SOUTH DE & ME�I \ \ 50' DE l l 60' UTILITY EASEMENT TRACT "A" (ORB 2861, PG 1053) (AE, CUE, PUE, IE, DE) -------------------------------- I � — 15' LBE I I I _ a ------ MOM\ T SURVEYED PARCEL BOUNDARY COLLIER COUNTY WATER TREATMENT FACILITY (U N P L A T T E D) 7 W ENGINEERING JOHNSON ENGINEERING, INC. 2350 STANFORD COURT NAPLES, FLORIDA 34112 PHONE: (239) 434-0333 FAX: (239) 334-3661 E.B. #642 & L.B. #642 0 Q 0 LL z LLI LLI U) LL I w Q0 N ^� I..L Lu U z Q =o Lu O U) O -1 ILL a z O _ Z) O U Z 3: (if Lu O w J Co O U �Q V 0 c") z z U w U) z w o Z a O0 U u) w NW w Q 0 DATE: 06-28-19 PROJECT NO. 20192019 FILE NO. 35-49-26 SCALE: 1 "=100' BOUNDARY SURVEY SHEET NUMBER 20F5 0:\2019\20192019\Survey\CityGote PUD — Boundary.dwg (S2) BES Oct 10, 2019 — 7:52am — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — ---- — — — — — --- — — — — — — — — — — — — — — — — — — — — -- — — T- t7— — — — — — — - — — — — — — — — — — — — — --- — — — — — — - - - t - — — — — ::: ::: :: ::: �:: �:: — — �::: T- -T- — — -: j 1 : : --1 — — — — — — — — — — — — — — — — — — — — — — — — — — — --- - — — — — --- — — — — — — -- -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - 10' LBE -50' DE 20' UTILITY EASEMENT 10'x75' UTILITY LASMENT 10' LBE 20' UTILITY EASEMENT 50' DE 10' LBE -(ORB 3965, PG 2890) (ORB 5210, PG 1530) - t10' LBE -(ORB 3965, PG 2890) P-SITE 2 RAW WATER WELL EASEMENT F —10' LBE (ORB 4619, PG 1124) F 6 28' DE 25' 25'1 1 50' DEI DE _LE I 1 1 6 2U 1 MAIN N N 1 & 5 E4 E E ACCESS T S M 35'x85' RECIPROCAT,0 .T DRIVEWAY EASEMENT — — — — — — — — — — — — — — — 40'x5O'CUE (ORB 5132, PG Yj�4) 1 50' DE- 1 1 50' DE- — — — — — — — — — — — — — — — — — — — — — — — — — — — -------I - — — — — — — — — — — — — —I------------ — — — — — I -- — — — — I o' PUE PUIC-1- - — — — — — — — — — TRACT R-1 — — — — — — — — — — — — — 10, PUE-1 - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 17 - — — — — - (R/W, DE, PUE, AE, CUE) SURVEYED PARCEL BOUNDARY ------ CITY GATE BOULEVARD NORTH TRACT R-2 — — — — — — — — — — — — — — — — — — — (R/W, DE, PUE, AE, CUE) 10' PUE I — i 10' PUE ACCESS EASEMENT- 10' PUE 50' DE — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — --- N I I 101 w Lu ILL! c/) c/) Lu I I w Z 0 < 75 25' TRACT B I DE 9 135' AE — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 50DE — — — — — — — — — — — — — — — — — — — 20' LME 0 50 100 200 (INTENDED DISPLAY SCALE: I"= 100') TRACT RL LEGEND ORB = OFFICIAL RECORDS BOOK 26 PG = PAGE 20' LME LBE LANDSCAPE BUFFER EASEMENT PUE PUBLIC UTILITY EASEMENT — — — — — -- — — — — DE DRAINAGE EASEMENT AE ACCESS EASEMENT CUE = COUNTY UTILITY EASEMENT LME = LAKE MAINTENANCE EASEMENT IE = IRRIGATION EASEMENT 50 DE I ME = MAINTENANCE EASEMENT & AE R/W RIGHT-OF-WAY — — — — — — — — — — — — — — — — — — — — — FPL = FLORIDA POWER & LIGHT, CO. — — — — — — — — — — — — — — I 'SEE SHEET 1 OF 5 FOR BOUNDARY INFORMATION' 23 25' AE & DE 25'AE MATCHLINE SHEET 4 0:\2019\20192 719\Smey\C-ityZe PUD =Bou, 7a.d,g7 7 Oct 17 2019- 7:57 ENGINEERING JOHNSON ENGINEERING, INC. 2350 STANFORD COURT NAPLES, FLORIDA 34112 PHONE: (239) 434-0333 FAX: (239) 334-3661 E.B. #642 & L.B. #642 z 0 0 ILL z z LLI 2 LLI U) LLI 1-- U) ILL! 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TRACT R-3 (R/W, DE, PUE, AE, CUE) — — — — — - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - 10' PUET 50' DE — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — L - — — — — — — — — - 0 UTILITY EASEMENT ORB 3927, PG 3223) DRAINAGE EASEMENT MAINTENANCE EASEMENT (ORB 3542, PG 3648) 50 DE L _u — — — — — II II II 15' DEI- 19 II II 20 15' DE[ — II — — — — — — — — — — — — — — — — — — — — — -- - — — — — — — — — — — — — 4 --------------- SURVEYED PARCEL BOUNDARY 25' AE MATCHLINE SHEET 3 I>- AE TRACT R-4 — — — — — — — — — — — — — — — — — — — — — r-----, T � I (RIW DE, PUE, AE, CUE) 50 DE 10, -- — — — — — — — — — — — — — — — — — — — — PUE — L-------- I — I- A .... . .... . P i's 25 25' CUE 12.5'-�_ L — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 50 DE ILBEI 1 5 10' LBE I J- -- 1108 0 50 100 200 1 1116�� (INTENDED DISPLAY SCALE: I"= 100') 26 LEGEND ORB = OFFICIAL RECORDS BOOK PG = PAGE LBE = LANDSCAPE BUFFER EASEMENT PUE = PUBLIC UTILITY EASEMENT DE = DRAINAGE EASEMENT AE = ACCESS EASEMENT CUE = COUNTY UTILITY EASEMENT LME = LAKE MAINTENANCE EASEMENT IE = IRRIGATION EASEMENT ME = MAINTENANCE EASEMENT R/W = RIGHT-OF-WAY FPL = FLORIDA POWER & LIGHT, CO. -SEE SHEET 1 OF 5 FOR BOUNDARY INFORMATION - 5'x40' FPL EASEMENT (ORB 2664, PG 3228) -C 10' LBE SURVEYED PARCEL BOUNDARY 24 ----------------- ----------- 50' DE Co (n r w F z F H -j < 0 00 ENGINEERING JOHNSON ENGINEERING, INC. 2350 STANFORD COURT NAPLES, FLORIDA 34112 PHONE: (239) 434-0333 FAX: (239) 334-3661 E.B. #642 & L.B. #642 z 0 0 LL z z LLI 2 LLI U) LLI U) w Q0 N w (D Lu 0 z C) ry 0� Lu 0 U) 0 -1 LL a) 0- > z 0 1: U) Z) 0 C) Z 3: () (if Lu 0 w _—j Co Co -j 0 u 06 L0 C") U) z 0 w U) z (/) 9 Z 0 U) w 0 ui w F- 0 DATE: 06-28-19 PROJECT NO. 20192019 FILE NO. 35-49-26 SCALE: 1 "=100, I BOUNDARY SURVEY 0:\2019\20192019\Survey\CityGote PUD - Boundary.dwg (S4) BES Oct 10, 2019 - 7:53am SHEET NUMBER 40F5 • `r ENGINEERING JOHNSON ENGINEERING, INC. 2350 STANFORD COURT NAPLES, FLORIDA 34112 PHONE: (239) 434-0333 FAX: (239) 334-3661 E.B. #642 & L.B. #642 1 I 0 elf I 0 IL z_ I z w co I Q I w I I I I I I H I W 0 100 200 400 `0 � N I W (INTENDED DISPLAY SCALE: 1 "=200') Q I W Q U =o o W OJ Cl) u- LEGEND c) PARCEL No. 00298560501 2 0-) } C t ORB = OFFICIAL RECORDS BOOK III COLLIER COUNTY c 0 0 PG = PAGE W (ORB 5063, PG 2207) w LBE = LANDSCAPE BUFFER EASEMENT = r , Z V PUE = PUBLIC UTILITY EASEMENT DE = DRAINAGE EASEMENT U N P LA T T E D v � � O W AE = ACCESS EASEMENT Z ui CUE = COUNTY UTILITY EASEMENT I J M LME = LAKE MAINTENANCE EASEMENT U IE = IRRIGATION EASEMENT06 ME = MAINTENANCE EASEMENT Q R/W = RIGHT—OF—WAY I M FPL = FLORIDA POWER &LIGHT, CO. U) I � Z O "SEE SHEET 1 OF 5 FOR BOUNDARY INFORMATION" U w �I W W Ico W zlJ 2 H I I SURVEYED PARCEL BOUNDARY co ui I I IDATE: 06-28-19 IPROJECT NO. 20192019 FILE NO. 35-49-26 ISCALE: I 1 "=200' IBOUNDARY SURVEY SHEET NUMBER 50F5 0:\2019\20192019\Survey\CityGate PUD — Boundary.dwg (S5) BES Oct 10, 2019 — 7:53am Z O z � O� U ''—^^ W v\J � W Q TPODIICOCR piano ing•enoineerino Traffic Impact Statement City Gate Commerce Park PUD Sports Complex Lot Extension -Medical Office Planned Unit Development Amendment (PUDA) Prepared for: Davidson Engineering 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239-434-6060 Collier County, FL 10/12/2020 Prepared by: Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Phone: 239-566-9551 Email: ntrebilcock@trebilcock.biz Collier County Transportation Methodology Fee* — $500.00 Collier County Transportation Review Fee — Small Scale Study* — No Fee Note — *to be collected at time of first submittal City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Statement of Certification I certify that this Traffic Impact Statement has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. Norman J. Trebilcock, AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Company Cert. of Auth. No. 27796 Trebilcock Consulting Solutions, PA P a g e 1 2 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Table of Contents ProjectDescription......................................................................................................................... 4 TripGeneration............................................................................................................................... 5 Trip Distribution and Assignment................................................................................................... 7 BackgroundTraffic.......................................................................................................................... 9 Existing and Future Roadway Network........................................................................................... 9 Project Impacts to Area Roadway Network -Link Analysis............................................................ 10 Site Access Turn Lanes Analysis.................................................................................................... 11 City Gate Boulevard North — Extension.................................................................................... 12 ImprovementAnalysis.................................................................................................................. 13 Mitigationof Impact..................................................................................................................... 13 Appendices Appendix A: Project Master Site Plan.......................................................................................... 14 Appendix B: Meeting Checklist — (Methodology Meeting)......................................................... 16 Appendix C: Trip Generation Calculations ITE 10th Edition........................................................ 22 Appendix D: Turning Movement Exhibits.................................................................................... 29 Trebilcock Consulting Solutions, PA P a g e 1 3 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Project Description The proposed City Gate Commerce Park —Sports Complex Lot Extension —Medical Office project is part of multi -phase sports complex development within the City Gate PUD. The project site is generally located in the northeast quadrant of Collier Boulevard (CR 951) and Interstate 75 intersection, in Section 35/36, Township 49 South, Range 26 East, in Collier County, Florida. Refer to Figure 1— Project Location Map, which follows and Appendix A: Project Site Plan. Figure 1— Project Location Map The proposed Sports Complex Lot Extension — Medical Office project will be developed within the existing Sports Complex parcels and consist of a 10,000 square foot (sf) medical office building. The medical office building will be in addition to the approved 14 general purpose sports fields and 4 Little League baseball fields as well as the 10,000 sf STARability office. The project will connect to and utilize roadways that are a part of City Gate. Selection of ITE Land Use Codes (LUC) was done to model the trip generation to proposed conditions based on engineering judgement. The ITE LUC 720 — Medical -Dental Office Building was used for the medical office building, LUC 488 —Soccer Complex was chosen for the 14 general purpose sports fields and the LUC 710 — General Office was chosen for the STARability office traffic generation. Trebilcock Consulting Solutions, PA P a g e 14 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 ITE does not have a Land Use Code for children's baseball fields. This report chose to analyze the baseball fields as LUC 488 — Soccer Complex. Accessory structures are considered incidental to the sports complex uses and are not considered in trip generation calculations. The proposed development is illustrated in Table 1— Development Program. Table 1 Development Program ITE Land Use Description/ Development Land Use Land Use Code/[SIC Codes in Total Size Brackets] Approved PUD Multi -purpose sports fields Soccer Complex — 488/[N/A]* 18fields** Approved PUD STARability Office General Office Building — 710/[N/A] 10,000 square feet Proposed PUDA Medical Office Medical -Dental Office Building — 10,000 square feet 720/[N/A] Note(s): *Per the March 1, 2018 Collier County Planning Commission meeting, the Sports Complex has been deemed an essential service as permitted by LDC Section 2.03.01 and, as such, SIC codes are not applicable. **ITE LUC 488 — Soccer Complex is utilized to model 14 general purpose sports fields and 4 Little League baseball fields. A methodology meeting was held via email with the Collier County Transportation Planning staff (by email) on October 5, 2020 (refer to Appendix B: Meeting Checklist — (Methodology Meeting)). Access to the project will be from the extension of City Gate Boulevard North. One full movement and one right-in/right-out driveways are proposed for public access to the facility. In addition, the project proposes restricted accesses that will not be utilized by the general public. Trip Generation The project's trip generation is based on the Institute of Transportation Engineers (ITE) T Generation Manual, loth Edition and the software program OTISS — Online Traffic Impact Study Software (most current version). The ITE equations or average rates are used for trip generation calculations, as applicable. The OTISS trip generation calculation worksheets are provided in Appendix C: Trip Generation Calculations ITE 10th Edition. In agreement with ITE procedures and Collier County Traffic Impact Study guidelines, no reductions for internal capture or pass -by traffic have been considered in this report. Trebilcock Consulting Solutions, PA P a g e I S City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Projected trip generation associated with the proposed Sports Complex Lot Extension Medical Office PUDA project is illustrated in Table 2A. Table 2A Trip Generation (Proposed Sports Complex Lot Extension PUDA) — Average Weekday Land Use 24 Hour Two- Way Volume AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Soccer Complex 1,284 11 7 18 195 101 296 General Office Building 114 31 5 36 2 11 13 Medical Office Building 297 23 6 29 10 26 36 Total External 1,695 65 18 83 207 138 345 The trip generation associated with the approved Sports Complex Lot Extension Development is illustrated in Table 2B. Table 2B Trip Generation (Approved Sports Complex Lot Extension Development) — Average Weekday Land Use 24 Hour Two- Way Volume AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Soccer Complex 1,284 11 7 18 195 101 296 General Office Building 114 31 5 36 2 11 13 Total External 1,398 42 12 54 197 112 309 The net new external traffic associated with the Sports Complex Lot Extension Medical Office project is illustrated in Table C. Table 2C Trip Generation (Net New Sports Complex Lot Extension Traffic) — Average Weekday Land Use Proposed PUDA 24 Hour Two- Way Volume AM Peak Hour Enter Exit Total PM Peak Hour Enter Exit Total 207 138 345 1,695 65 18 83 Approved Development 1,398 42 12 54 197 112 309 Total Net New External Traffic 297 23 6 29 10 26 36 Trebilcock Consulting Solutions, PA P a g e 1 6 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Based on the information contained in Collier County 2020 Annual Update and Inventory Report (AUIR), the peak hour for the County roadway network is PM. For the purpose of this TIS, the surrounding roadway network link concurrency analysis is analyzed based on projected PM peak hour net new external traffic generated by the project (refer to Table 2C). The site access turn lane analysis is calculated based on the proposed total external trips during the weekday AM and PM peak hour (Table 2A trip generation values). Trip Distribution and Assignment The traffic generated by the development was assigned to the adjacent roadways using the knowledge of the area and as coordinated with Collier County Transportation Planning staff. The traffic distribution associated with this application is consistent with previous submittals for the Collier County Sports Complex. The site -generated trip distribution is shown in Table 3, Project Traffic Distribution for Peak Hour and is graphically depicted on the next page in Figure 2 — Project Distribution by Percentage and by PM Peak Hour. Table 3 Project Traffic Distribution for Peak Hour Collier Distribution PM Peak Hour Project Roadway Link County Roadway Link Location of Project Traffic Volume Link No. Traffic Enter Exit Golden Gate Pkwy. to Collier Blvd. 32.2 30/ o SB — 3 NB-8 Golden Gate Main Canal Golden Gate Main Canal Collier Blvd. 32.3 30% SB — 3 NB-8 to City Gate Blvd N Collier Blvd. 32.3 City Gate Blvd N to 1-75 70% NB-7 SB —18 Note(s): *Peak hour, peak direction traffic volumes are underlined and bold to be used in Roadway Link Level of Service calculations. Trebilcock Consulting Solutions, PA P a g e 1 7 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Figure 2 — Project Distribution by Percentage and by PM Peak Hour Project Trip A-sv: Distribution by ® t Percentage a a�e`� o-� r • s Ole 2 i Project w c: ;_ :19th P1513� - _ alst Ave Location 31$1 i3s sw 31grPISW 8 � 332ne Ave SW r1 i i Golden Gate High .pi Absorption 30°1° o 7� 1° �ti•••rr Cracker Barre! -' OIdC°untry5tore 'Y1 AbSarptlon �0% a� aml Absorption 20°I° 5 ck 31'd mW j Project Trip ro Distribution by PM Peak Hour Inbound 21 Outbound (w) � e' '3 1 ■ s U - z 23111 Project Ath Pt_S 31skA Location ■'" 31s'PISW � 3iStPfSW 32nd"Ave SW - �� (81 `- '• .•. � •i Golden Gate High School,!m ■ Arr- 1•Y•.�f iK Cracker SdrreI a Old Country Store- n_ ass ass [Ra] - 9.^ck Blvd . 41- -- 5 951 Trebilcock Consulting Solutions, PA P a g e 18 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Background Traffic Average background traffic growth rates are estimated for the segments of the roadway network in the study area using the Collier County Transportation Planning Staff guidance of a minimum 2% growth rate, or the historical growth rate from annual peak hour, peak direction traffic volume (estimated from 2008 through 2020), whichever is greater. The peak hour, peak direction traffic volumes associated with the analyzed roadway segments are provided annually in Collier County Annual Update and Inventory Report (AUIR). Another way to derive the background traffic is to use the 2020 AUIR volume plus the trip bank volume. Table 4, Background Traffic without Project, illustrates the application of projected growth rates to generate the projected background (without project) peak hour peak direction traffic volume for the future horizon year 2025. Table 4 Background Traffic without Project (2020 - 2025) 2025 Pk Hr, 2025 Pk Hr, Pk 2020 AUIR Projected Pk Dir Dir Background CC Pk Hr, Traffic Traffic Vol w/o Background Roadway AUIR Roadway Link Pk Dir Annual Growth Trip Traffic Vol Link Link Location Background Growth Factor Project Bank w/out (trips/hr) ID # Traffic Vol Rate Project tri s hr ( p / ) / r (° /Y )* Growth tri s hr Trip ( p / ) p Factor** Bank*** Golden Gate Pkwy. Collier Blvd. 32.2 to Golden Gate 1,860 2.49% 1.1309 2,104 241 2,101 Main Canal Golden Gate Main Collier Blvd. 32.3 Canal to City Gate 1,860 2.49% 1.1309 2,104 318 2,178 Blvd N City Gate Blvd N to Collier Blvd. 32.3 1,860 2.49% 1.1309 2,104 318 2,178 1-75 Note(s): * Annual Growth Rate — based on peak hour, peak direction volume (from 2008 to 2020), 2% minimum. ** Growth Factor = (1 +Annual Growth Rate )5. 2025 Projected Volume = 2020 AUIR Volume x Growth Factor. *** 2025 Projected Volume = 2020 AUIR Volume +Trip Bank. The projected 2025 Peak Hour — Peak Direction Background Traffic is the greater of the Growth Factor or Trip Bank calculation, which is underlined and bold as applicable. Existing and Future Roadway Network The existing roadway conditions are extracted from the 2020 Annual Update and Inventory Report (AUIR) and the project roadway conditions are based on the current Collier County Five - Year Work Program (FY2020-FY2024). Roadway improvements that are currently under construction or are scheduled to be constructed within the five-year Transportation Improvement Plan (TIP) or Capital Improvement program (CIP) are considered to be committed Trebilcock Consulting Solutions, PA P a g e 19 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 improvements. As no such improvements were identified in the Collier County Five -Year Work Program (FY2020-FY2024), the evaluated roadways are anticipated to remain as such through project build -out (2025 planning horizon year). The existing and future roadway conditions are illustrated in Table 5, Existing and Future Roadway Conditions. Table 5 Existing and Future Roadway Conditions 2025 Peak 2020 Peak 2020 Min. 2025 Dir, Peak Roadway Link CC AUIR Roadway Link Location Roadway Standard Dir, Peak Hr Roadway Hr Link ID # Capacity Conditions LOS Conditions Capacity Volume Volume Golden Gate Pkwy. to Collier Blvd. 32.2 4D D 2,300 (NB) 4D 2,300 (NB) Golden Gate Main Canal Golden Gate Main Canal Collier Blvd. 32.3 8D E 3,600 (NB) 8D 3,600 (NB) to City Gate Blvd N Collier Blvd. 32.3 City Gate Blvd N to 1-75 8D E 3,600 (NB) 8D 3,600 (NB) Note(s): 2U = 2-lane undivided roadway; 4D, 6D, 8D = 4-lane, 6-lane, 8-lane divided roadway, respectively; LOS = Level of Service. Project Impacts to Area Roadway Network -Link Analysis The Collier County Transportation Planning Services developed Level of Service (LOS) volumes for the roadway links impacted by the project, which were evaluated to determine the project impacts to the area roadway network in the future. The Collier County Transportation Planning Services guidelines have determined that a project will be considered to have a significant and adverse impact if both the percentage volume capacity exceeds 2% of the capacity for the link directly accessed by the project and for the link adjacent to the link directly accessed by the project; 3% for other subsequent links and if the roadway is projected to operate below the adopted LOS standard. Based on these criteria, this project does not create any significant or adverse impacts to the area roadway network. None of the analyzed links are projected to exceed the adopted LOS standard with or without the project at 2025 build -out conditions. Table 6, Roadway Link Level of Service illustrates the LOS traffic impacts of the project to the area roadway network closest to the project. Trebilcock Consulting Solutions, PA P a g e 1 10 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Table 6 Roadway Link Level of Service (LOS) — With Project in the Year 2025 Roadway 2025 Peak % Vol Min LOS Min LOS CC Peak Dir, Link, Peak Dir, Peak Capacity exceeded exceeded AUIR Roadway Link Peak Hr Dir, Peak Roadway Link Hr Volume Impact without with Link Location Capacity Hr (Project w/Project by Project? Project? ID # Volume Vol ** Project Yes/No Yes/No Added) * Golden Gate Pkwy. Collier Blvd. 32.2 to Golden Gate 2,300 (NB) NB — 8 2,112 0.3% No No Main Canal Golden Gate Main Collier Blvd. 32.3 Canal to City Gate 3,600 (NB) NB-8 2,186 0.2% No No Blvd N City Gate Blvd N to Collier Blvd. 32.3 3,600 (NB) NB-7 2,185 0.2% No No 1-75 Note(s): *Refer to Table 3 from this report; **2025 Projected Volume = 2025 background (refer to Table 4) + Project Volume added. As illustrated in Collier County Land Development Code (LDC), Chapter 6.02.02 — M.2., once traffic from a development has been shown to be less than significant on any segment using Collier County TIS criterion, the development's impact is not required to be analyzed further on any additional segments. Site Access Turn Lanes Analysis Access to the project will be from the extension of City Gate Boulevard North. One full movement and one right-in/right-out driveway are proposed for public access to the facility. In addition, the project proposes restricted accesses that will not be utilized by the general public. For details, refer to Appendix A: Project Master Site Plan. The project accesses are evaluated for turn lane warrants based on the Collier County Construction Standards Handbook: (a) two-lane roadways — 40 vph for right -turn lane/20 vph for left -turn lane; (b) multi -lane divided roadways — right turn lanes shall always be provided; and (c) when new median openings are permitted, they shall always include left -turn lanes. Turn lane lengths required at build -out conditions are analyzed based on the number of turning vehicles in an average one -minute period for right -turning movements, and two -minute period for left -turning movements, within the peak hour traffic. The minimum queue length is 25 feet and the queue/vehicle is 25 feet. City Gate Boulevard North is a privately maintained, open to the public, internal roadway (within the City Gate PUD) and has a posted speed limit of 30 mph throughout the PUD (for details see Trebilcock Consulting Solutions, PA P a g e 1 11 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 the City Gate Developer Agreement as amended). Based on FDOT Standard Plans Index 711-001 (sheet 11 of 13), posted speed of 30 mph, the minimum turn -lane length is 145 feet (which includes a 50 foot taper) plus required queue. The project's accesses will connect to an extension of City Gate Boulevard North that will continue east into the Sports Complex Lot Extension projects parcel, then turn towards the south on the eastern side of the development with termination at the southeast corner of the Sports Complex. This analysis assumes the general roadway parameters on the proposed extension are consistent with the existing roadway. Projected turning traffic movements are illustrated in Appendix D: Turning Movements Exhibits. City Gate Boulevard North — Extension Main Entrance — The project is expected to generate 36vph and 114vph inbound right -turning movements during the AM and PM peak hour respectively. A dedicated right -turn lane is warranted at this location based on Collier County multi -lane criteria. At the minimum, the turn - lane should be 195 feet long (which includes 50 feet of storage). East Central Entrance — The project is expected to generate 29vph and 93vph inbound right - turning movements during the AM and PM peak hour respectively. A dedicated right -turn lane is warranted at this location based on Collier County multi -lane criteria. At the minimum, the turn lane should be 195 feet long, which includes a minimum 50 feet of storage. Southeast Entrance — This entrance is for restricted access only. This entrance may be removed pending final design. Trebilcock Consulting Solutions, PA P a g e 1 12 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Improvement Analysis Based on the link analysis and trip distribution, the project is not a significant or adverse traffic generator for the roadway network at this location. There is adequate and sufficient roadway capacity to accommodate the proposed development without adversely affecting adjacent roadway network level of service. Based upon the results of turn -lane analysis performed at the proposed Sports Complex Lot Extension access points, turn -lane improvements are recommended as the project meets the multi -lane criteria. A more detailed evaluation of applicable access points and intersection connections will be performed at the time of site development permitting/platting when more specific development parameters will be made available, to determine operational requirements, as they are warranted, as applicable. Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the project, as applicable. Trebilcock Consulting Solutions, PA P a g e 1 13 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Appendix A: Project Master Site Plan Trebilcock Consulting Solutions, PA P a g e 1 14 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 y Z Q a U d F W w Z � d d O Q w -- r*710 a UD W m 0 Q x Of W F w wCO ! o i i i o 1I i i M a Z o w w U �wQ ED z N E` W M { W O C � O 2 C Z IL U 75 w ~ � a a 'LL o U a l JZw wo LL w 3: U) =0 o V w } o �_ z U m i �K T -Ile 1-2 aF E w� jC 1- �jr i�rcgwo �N� 011 1 Trebilcock Consulting Solutions, PA P a g e 1 15 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Appendix B: Meeting Checklist - (Methodology Meeting) Trebilcock Consulting Solutions, PA P a g e 1 16 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply, or N/A (not applicable). Date: October 5, 2020 Time: N/A Location: N/A — Via Email People Attending: Name, Organization, and Telephone Numbers 1) Michael Sawyer, Collier County Growth Management Division 2) Norman Trebilcock, TCS 3) Daniel Doyle, TCS Study Preparer: Preparer's Name and Title: Norman Trebilcock, AICP, PE Organization: Trebilcock Consulting Solutions, PA Address & Telephone Number: 2800 Davis Boulevard, Suite 200, Naples, Fl. 34104; ph 239-566-9551 Reviewer(s): Reviewer's Name & Title: Michael Sawyer, Project Manager Organization & Telephone Number: Collier County Transportation Planning Department 239-252-2926 Applicant: Applicant's Name: Davidson Engineering, Josh Fruth Address: 4365 Radio Road, Suite 201, Naples, FL 34104 Telephone Number: 239-434-6060 Proposed Development: Name: City Gate Commerce Park PUD — Sports Complex Extension — Medical Office — PUDA. Location: NE quadrant of I-75 and Collier Blvd (Figure 1). Land Use Type: Proposed Uses: Soccer complex (general purpose fields), Office, Medical Office. ITE Code #: Proposed Uses: LUC 488 — Soccer Complex, LUC 710 — General Office, LUC 720 — Medical Office Description: The City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — PUDA — is part of the Collier County Sports Complex which is a multi- phase development within the City Gate PUD. This PUDA proposes to add 10,000 sf of Medical office to the public sports complex extension on the eastern parcels of the City Gate PUD. The Medical Office will be in addition to the approved uses consisting of 18 general purpose fields, and a 10,000 sf STARability office. The general purpose fields Page 1 of 5 Trebilcock Consulting Solutions, PA P a g e 1 17 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 will be analyzed as LUC 488 — Soccer Complex, the STARability office will be analyzed as LUC 710 — General Office and the Medical Office will utilize LUC 720. Figure 1— Project Location Map N Project 4 4. „mmw 4 Google zonine: Existing: PUD Comprehensive plan recommendation: No change Requested: To allow for the proposed development Findings of the Preliminary Studv: Study type: Since projected City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — PUDA project net new traffic is less than 50 AM or PM 2- way peak hour trips, this study qualifies for a Small Scale TIS — No significant roadway and/or operational impacts. The projected traffic will reflect the net traffic increase within the City Gate Sports Complex Lot Extension development. The TIS will include AMIPM peak hour tripgeneration, traffic distribution and assigannents, significance test (based on 2°/o/2°lo/3% criterion) and roadway link analysis. Roadway concurrence analysis — based on estimated proiect new PM peak hour weekday traffic. Internal capture and pass -by reductions are not considered for this study. Operational site access analysis based on City Gate Commerce Park PUD — Sports Complex Lot Extension buildout AM and PM peak hour external tripQeneration. Site access points turn lane analysis will be performed at proiect accesses onto City Gate Boulevard North. Page 2 of 5 Trebilcock Consulting Solutions, PA P a g e 1 18 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Citv Gate Boulevard North currentiv has a posted speed of 30 mph and is analvzed with a design speed of 45 mph. Study Type: (if not net increase, operational study) Small Scale TIS ® Minor TIS ❑ Major TIS ❑ Study Area: Boundaries: N/A Additional intersections to be analyzed: N/A Build Out Year: 2025 Planning Horizon Year: 2025 Analysis Time Period(s): Concurrence — Weekday PM Peak Hour and Operational — Weekdav AM/PM Peak Hour Future Off -Site Developments: N/A Source of Trip Generation Rates: Proposed conditions based on ITE 10 h Edition Reductions in Trip Generation Rates: None: N/A Pass -by trips: N/A Internal trips: N/A Transit use: N/A Other: N/A Horizon Year Roadwav Network Improvements: 2025 Methodoloey & Assumptions: Non -site traffic estimates: Collier County traffic counts and 2020 AUIR Site -trip generation: OTISS — ITE 101' Edition Trip distribution method: N/A Traffic assignment method: N/A Traffic growth rate: N/A Project Turning Movements: N/A Special Features: from preliminary study or prior experience) Accidents locations: N/A Sight distance: N/A Queuing: N/A Access location & configuration: N/A Traffic control: N/A Signal system location & progression needs: N/A On -site parking needs: N/A Data Sources: Collier County 2020 AUIR, Collier County Traffic Counts Base maps: N/A Prior study reports: N/A Access policy and jurisdiction: N/A Page 3 of 5 Trebilcock Consulting Solutions, PA P a g e 1 19 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Review process: N/A Requirements: N/A Miscellaneous: N/A Small Scale Study - No Fee X Minor Study - $750.00 Major Study - $1,500.00 Methodology Fee - $500.00 X Includes 0 intersections Additional Intersections - $500.00 each All fees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign -off on the application. SIGNATURES Norvttovu TrebUoor'iz Study Preparer Norman Trebilcock Reviewer(s) Applicant Page 4 of 5 Trebilcock Consulting Solutions, PA P a g e 1 20 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Collier County Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below. Methodoloay Review - $500 Fee Methodology Review includes review of a submitted methodology statement, including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" determination, written approval/comments on a proposed methodology statement, and written confirmation of a re -submitted, amended methodology statement, and one meeting in Collier County, if needed. "Small Scale Studv" Review - No Additional Fee (Includes one sufficiency review) Upon approval of the methodology review, the applicant may submit the study. The review includes: a concurrency determination, site access inspection and confirmation of the study compliance with trip generation, distribution and maximum threshold compliance. "Minor Studv Review" - $750 Fee (Includes one sufficiencv review) Review of the submitted traffic analysis includes: optional field visit to site, confirmation of trip generation, distribution, and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of off -site improvements within the right-of-way, review of site access and circulation, and preparation and review of "sufficiency" comments/questions. "Major Studv Review" - $1,500 Fee (Includes two intersection analvsis and two sufficiencv reviews Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special trip generation and/or trip length study, distribution and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of traffic growth analysis, review of off -site roadway operations and capacity analysis, review of site access and circulation, neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates, and preparation and review of up to two rounds of "sufficiency" comments/questions and/or recommended conditions of approval. "Additional intersection Review" - $500 Fee The review of additional intersections shall include the same parameters as outlined in the "Major Study Review" and shall apply to each intersection above the first two intersections included in the "Major Study Review" "Additional Sufficiency Reviews" - $500 Fee Additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. Page 5 of 5 Trebilcock Consulting Solutions, PA P a g e 1 21 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Appendix C: Trip Generation Calculations ITE 10th Edition Trebilcock Consulting Solutions, PA P a g e 1 22 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Approved City Gate PUD — Sports Complex Extension Project Information Project Name: City Gate -Sports Complex Lot Extension No: Date: 08/02/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 10th Ed Land Use Size Weekday AM Peak Hour PM Peak Hour Entry Exit Entry Exit Entry Exit 488 - Soccer Complex (General Urban/Suburban) 18 Fields 642 642 11 7 195 101 Reduction 0 0 0 0 0 0 Internal 0 0 0 0 0 0 Pass -by 0 0 0 0 0 0 Non -pass -by 642 642 11 7 195 101 710 - General Office Building (General Urban/Suburban) 10 1000 Sq. Ft. GFA 57 57 31 5 2 11 Reduction 0 0 0 0 0 0 Internal 0 0 0 0 0 0 Pass -by 0 0 0 0 0 0 Non -pass -by 57 57 31 5 2 11 Total 699 699 42 12 197 112 Total Reduction 0 0 0 0 0 0 Totallnternal 0 0 0 0 0 0 Total Pass -by 0 0 0 0 0 0 Total Non -pass -by 699 699 42 12 197 112 Trebilcock Consulting Solutions, PA P a g e 1 23 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 PERIOD SETTING Analysis Name: Weekday Project Name : City Gate- Sports Complex No Lot Extension Date: 8/2/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 10th Ed Land Use Independent Size Time Period Variable 488 - Soccer Complex Fields 18(0) Weekday (General Urban/Suburban) 710 - General Office 1000 Sq. Ft. GFA 10 Weekday Building (General Urban/Suburban) (0) indicates size out of range. (1) indicates small sample size, use carefully. Method Entry Exit Total Average 642(') 642(1) 1284(1) 71.33 50% 50% Best Fit (LOG) 57 57 114 Ln(T) = 0.97Ln(X) +2.5 50% 50% PERIOD SETTING Analysis Name: AM Peak Hour Project Name : City Gate- Sports Complex No Lot Extension Date: 8/2/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Land Use Independent Variable 488 - Soccer Complex Fields (General Urban/Suburban) 710 - General Office Building (General Urban/Suburban). Size Time Period Method 18 Weekday, Peak Average Hour of Adjacent 0.99 Street Traffic, One Hour Between 7 and 9 a.m. 1000 Sq. Ft. GFA 10 Weekday, Peak Best Fit (LIN) (0) indicates small sample size, use carefully. Hour of Adjacent T = 0.94 (X)+26.49 Street Traffic, One Hour Between 7 and 9 a.m. Trip Generation Manual, 10th Ed Entry Exit Total 11(0) 7(0) 18(0) 61% 39% 31 5 36 86% 14% Trebilcock Consulting Solutions, PA P a g e 1 24 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 PERIOD SETTING Analysis Name : PM Peak Hour Project Name: City Gate- Sports Complex No: Lot Extension Date: 8/2/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Land Use Independent Variable 488 - Soccer Complex Fields (General Urban/Suburban) Size Time Period Method 18 Weekday, Peak Average Hour of Adjacent 16.43 Street Traffic, One Hour Between 4 and 6 p.m. 710 - General Office 1000 Sq. Ft. GFA 10 Weekday, Peak Best Fit (LOG) Building (General Hour of Adjacent Ln(T) = 0.95Ln(X) Urban/Suburban) Street Traffic, +0.36 One Hour Between 4 and 6 p.m. (0) indicates small sample size, use carefully. Trip Generation Manual, 10th Ed Entry Exit Total 195(0) 101 (0) 296(0) 66% 34% 2 11 13 15% 85% Trebilcock Consulting Solutions, PA P a g e 1 25 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Proposed City Gate PUD — Sports Complex Extension — Medical Office - PUDA Project Information City Gate- Sports Complex Lot Extension Project Name: PUDA No: Date: 8/2/2019 Analyst's Name: DTD Edition: ITrip Gen Manual, 10th Ed Land Use Size Weekday AM Peak PM Peak Entry Exit Entry Exit Entry Exit 488 - Soccer Complex {General Urban/Suburban) 18 Fields 642 642 11 7 195 101 Reduction 0 0 0 0 0 0 Internal 0 0 0 0 0 0 Pass -by 0 0 0 0 0 0 Non -pass -by 642 642 11 7 195 101 710 - General Office Building (General Urban/Suburban) 10 1000 Sq. Ft. GFA 57 57 31 5 2 11 Reduction 0 0 0 0 0 0 Internal 0 0 0 0 0 0 Pass -by 0 0 0 0 0 0 Non -pass -by 57 57 31 5 2 11 720 - Medical -Dental Office Building (General Urban/Suburban) 10 1000 Sq. Ft. GFA 149 148 23 6 10 26 Reduction 0 0 0 0 0 0 Internal 0 0 0 0 0 0 Pass -by 0 0 0 0 0 0 Non -pass -by 149 148 23 6 10 26 Total 848 847 65 18 207 138 Total Reduction 01 01 0 0 0 0 Totallnternal 0 0 0 0 0 0 Total Pass -by 0 0 0 0 0 0 TotalNon-pass-by 848 847 65 18 207 138 Trebilcock Consulting Solutions, PA P a g e 1 26 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 PERIOD SETTING Analysis Name: Weekday Project Name : City Gate- Sports Complex No: Lot Extension PUDA Date: 8/2/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: DTD Edition: Trip Gen Manual, 10th Ed Land Use Independent Size Variable Time Period Method Entry Exit Total 488 - Soccer Complex Fields 18(0) Weekday Average 642(') 642(') 1284(l) (General 71.33 50% 50% Urban/Suburban) 710 - General Office 1000 Sq. Ft. GFA 10 Weekday Best Fit (LOG) 57 57 114 Building (General Ln(T) = 0.97Ln(X) +2.5 50% 50% Urban/Suburban) 720 - Medical -Dental 1000 Sq. Ft. GFA 10 Weekday Best Fit (LIN) 149 148 297 Office Building T = 38.42 (X)+-87.62 50% 50% (General Urban/Suburban) (0) indicates size out of range. (1) indicates small sample size, use carefully. PERIOD SETTING Analysis Name: AM Peak Hour Project Name : City Gate- Sports Complex No: Lot Extension PUDA Date: 8/2/2019 City: StatelProvince: Zip/Postal Code: Country: Client Name: Analyst's Name: DTD Edition: Trip Gen Manual, 10th Ed Land Use Independent Size Time Period Method Entry Exit Total Variable 488 - Soccer Complex Fields 18 Weekday, Peak Average 11(0( 7(0) 18(0) (General Hour of Adjacent 0.99 61 % 39% Urban/Suburban) Street Traffic, One Hour Between 7 and 9 a.m. 710 -General Office 1000 Sq. Ft. GFA 10 Weekday, Peak Best Fit (LIN) 31 5 36 Building (General Hour of Adjacent T = 0.94 (X)+26.49 86% 14% Urban/Suburban) Street Traffic, One Hour Between 7 and 9 a.m. 720 - Medical -Dental 1000 Sq. Ft. GFA 10 Weekday, Peak Best Fit (LOG) 23 6 29 Office Building Hour of Adjacent Ln(T) = 0.89Ln(X) 79% 21% (General Street Traffic, +1.31 Urban/Suburban) One Hour Between 7 and 9 a.m. (0) indicates small sample size, use carefully. Trebilcock Consulting Solutions, PA P a g e 1 27 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Analysis Name Project Name: Date: StatelProvince: Country: PERIOD SETTING PM Peak Hour City Gate- Sports Complex No: Lot Extension PUDA 8/2/2019 City: Analyst's Name: DTD Land Use Independent Variable 488 - Soccer Complex Fields (General Urban/Suburban) Zip/Postal Code: Client Name: Edition: Trip Gen Manual, 10th Ed Size Time Period Method Entry Exit Total 18 Weekday, Peak Average 195(0) 101(') 296(0) Hour of Adjacent 16.43 66% 34% Street Traffic, One Hour Between 4 and 6 p.m. 710 -General Office 1000 Sq. Ft. GFA 10 Weekday, Peak Best Fit (LOG) 2 11 13 Building (General Hour of Adjacent Ln(T) = 0.95Ln(X) 15% 85% Urban/Suburban) Street Traffic, +0.36 One Hour Between 4 and 6 p.m. 720 - Medical -Dental 1000 Sq. Ft. GFA 10 Weekday, Peak Best Fit (LIN) 10 26 36 Office Building Hour of Adjacent T = 3.39 (X)+2.02 28% 72% (General Street Traffic, UrbanfSuburban) One Hour Between 4 and 6 p.m. (0) indicates small sample size, use carefully. Trebilcock Consulting Solutions, PA P a g e 1 28 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Appendix D: Turning Movement Exhibits Trebilcock Consulting Solutions, PA P a g e 1 29 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Trebilcock Consulting Solutions, PA P a g e 1 30 City Gate Commerce Park PUD — Sports Complex Lot Extension — Medical Office — Traffic Impact Statement — PUDA — October 2020 Project Turning Movements by AM/PM Peak Hour - ---------------------------- AM-36, PM-1 14 ------ - --- 71 FAM-29, PM-93 East Central Entrance 3 IF fil wow it r 0 K r Southeas Entrance F1 JTHRE DEVELOWENT (12 09 AC.) Trebilcock Consulting Solutions, PA P a g e 1 31 CITY GATE PU DA PROTECTED SPECIES SURVEY SECTION 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Collier County Engineering & Natural Resources Department Cv xre :r Cnny t 2800 North Horseshoe Drive Naples, FL 34104 Prepared By: h Te�� 7 Earth Tech Environmental, LLC 10600 Jolea Avenue 7'�Lq' Bonita Springs, FL 34135 239.304.0030 E"""°"'"a''''• LC www.eteflorida.com September 17, 2020 Protected Species Survey TABLE OF CONTENTS 1.0 INTRODUCTION...................................................................................................................................... 3 2.0 LOCATION...............................................................................................................................................3 3.0 SPECIES SURVEY MATERIALS & METHODS............................................................................................. 3 4.0 EXISTING SITE CONDITIONS................................................................................................................... 4 5.0 RESULTS................................................................................................................................................12 6.0 REFERENCES.........................................................................................................................................20 EXHIBITS Figure 1 Site Location Map Figure 2 Aerial Map Figure 3 FLUCCS Map with Aerial Figure 4 FLUCCS Map Figure 5 Transect Map Figure 6 Field Results Map Figure 7 Florida Bonneted Bat Consultation Area Figure 8 Wood Stork Information Figure 9 Florida Panther Information Figure 10 Florida Black Bear Information Figure 11 Bald Eagle Information Earth Tech Environmental, LLC www.eteflorida.com Protected Species Survey 1.0 INTRODUCTION Earth Tech Environmental (ETE) conducted an updated Protected Species Survey (PSS) to search for listed species on the property referred to as City Gate PUD (Subject Property) prior to development. This assessment was conducted by ETE ecologists in August 2020 to evaluate the Subject Property for the potential presence of listed species of concern based on the determined Florida Land Use Cover and Forms Classification System (FLUCCS) vegetation. The eastern +/- 128 acres of the Subject Property had a PSS conducted in February 2020. Prior PSSs were conducted on the Subject Property in July 2017 and July 2018. 2.0 LOCATION The Subject Property is located just north of 1-75 and just east of Collier Boulevard in Naples, Collier County, Florida. According to the combined parcel boundary provided by Davidson Engineering, the Subject Property totals approximately 419.60 acres. See Figure 1 below for a location map. I � � ^F GRL EARWAT R T PETER5BUR%, rr* CAPEtORAL �• ffiICXXL� • t:OLLIE COUNTY ,1 Figure 1. Site Location Map Eastern ` +l-128 Acres City Gate PUD Overall Boundary = Subject Properly 3.0 SPECIES SURVEY MATERIALS & METHODS The species survey was conducted using a methodology similar to that discussed in the Florida Fish & Wildlife Conservation Commission (FWC) publication "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in Florida." This methodology is as follows: Existing vegetation communities or land -uses on the subject site are delineated on a recent aerial photograph (Collier County 2019) using the Florida Land Use, Cover and Earth Tech Environmental, LLC www.eteflorida.com 9 Protected Species Survey Forms Classification System (FLUCCS). FLUCCS mapping for this property is detailed below in (Figures 3 & 4). The resulting FLUCCS codes are cross-referenced with a list of protected plant and animal species. The lists were obtained from two agency publications: ❖ "Florida's Endangered Species, Threatened Species & Species of Special Concern -Official Lists", December 2018. ❖ "Notes on Florida's Endangered and Threatened Plants", Bureau of Entomology, Nematology and Plant Pathology, Florida Department of Agriculture and Consumer Services, 2010. The result is a composite table that contains the names of the protected species which have the highest probability of occurring in each particular FLUCCS community. See Table 3 of this report for the species list that applies to the FLUCCS communities associated with the Subject Property. In the field, each FLUCCS community is searched for listed species or signs of listed species. This is accomplished using a series of pedestrian transects throughout each vegetation community (see Figure 5). If necessary, transect integrity is maintained using a handheld GPS in track mode. Signs or sightings of all listed and non -listed species are then recorded, which are flagged in the field and marked by GPS. Based on the habitat types found on the Subject Property (see Table 3), particular attention was paid to the presence or absence of gopher tortoise, Big Cypress fox squirrel and Florida bonneted bat roosts. If a potentially occupied burrow or leaf nest was observed, it was flagged, numbered, and marked with GPS. If a tree cavity greater than or equal to 1-inch diameter was observed, it was it was flagged, numbered and marked with GPS. Florida black bear and Florida panther were also considered. Approximately 137 man-hours were logged on the Subject Property during this species survey (see Table 1). TABLE 1. FIELD TIME SPENT ON THE SUBJECT PROPERTY Date Start Time End Time No. Ecologists Man Hours Task February 11, 2020 8:00am 4:45pm 4 35 Species Survey Fieldwork July 17, 2020 8:00 am 3:00 pm 3 21 Species Survey Fieldwork July 21, 2020 8:00 am 12:00 pm 3 12 Species Survey Fieldwork August 7, 2020 8:00 am 3:00 pm 3 21 Species Survey Fieldwork August 11, 2020 8:00 am 3:00 pm 3 21 Species Survey Fieldwork August 11, 2020 12:00 pm 2:00 pm 3 6 Species Survey Fieldwork August 25, 2020 8:00 am 11:00 pm 2 6 Species Survey Fieldwork August 26, 2020 8:00 am 3:30 pm 2 15 Species Survey Fieldwork Total 137 4.0 EXISTING SITE CONDITIONS The Subject Property consists of a mix of developed and undeveloped lands. The undeveloped lands consist of upland and wetland communities with varying exotic vegetation coverage, primarily earleaf acacia. The developed areas consist of the City Gate Commerce Park in the western portion of the property, as well as the Collier County Sports Complex & Event Center in the central -eastern portion. An FPL easement is found in the western portion of the property. City Gate Boulevard North is found running Earth Tech Environmental, LLC www.eteflorida.com 4 Protected Species Survey east -west in the northern portion of the property, and City Gate Boulevard South is found running east - west in the southern portion of the property; Brennan Drive connects the two roads. The Subject Property has the following surrounding land uses: North Canal/Residential East Undeveloped/Landfill South Industrial/1-75 West Undeveloped/Residential/Educational Figure 2. Aerial Map Listed below are the FLUCCS communities identified on the site. The community descriptions correspond to the mappings on the FLUCCS maps below (Figures 3 and 4). See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. The Florida Exotic Pest Plant Council's (FLEPPC) list of invasive species contain Category I and Category II species that may be found on the Subject Property. Category I species are invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives (FLEPPC). Category II species are invasive exotics that are increasing in abundance or frequency but have not yet altered Florida plant communities (FLEPPC). A significant factor in mapping vegetative associations and local habitats is the invasion of these species such as Brazilian pepper, ear leaf acacia, melaleuca, Caesar weed, and air potato. Levels of exotic density were Earth Tech Environmental, LLC www.eteflorida.com Protected Species Survey mapped by using field observations and photo interpretation as shown in Figure 3. Modifiers, or "E" designators, are appended to the FLUCCS codes to indicate the approximate density of exotics in the canopy and/or sub -canopy. The following table is summary of FLUCCS communities and corresponding acreages: TABLE 2. FLUCCS COMMUNITIES AND CORRESPONDING ACREAGES FLUCCS CODE DESCRIPTION ACREAGE 140 Commercial and Services 5.93 141 Retail Sales and Services (Gas Station) 2.88 145 Tourist Services (Hotels) 8.64 159 Industrial Under Construction 8.33 175 Governmental (SWFWMD) 4.65 186 Community Recreational Facilities (Under Construction) 80.30 321-E1 Palmetto Prairies (<25% Exotics) 12.31 321-E2 Palmetto Prairies (26-50% Exotics) 4.48 3219-E1 Disturbed Palmetto (<25% Exotics) 0.75 3219-E2 Disturbed Palmetto (26-50% Exotics) 0.59 411-E1 Pine Flatwoods (0-25% Exotics) 12.13 411-E2 Pine Flatwoods (26-50% Exotics) 85.98 411-E3 Pine Flatwoods (51-75% Exotics) 58.57 411-E4 Pine Flatwoods (>75% Exotics) 4.53 411H-E3 Hydric Pine Flatwoods (51-75% Exotics) 0.74 415-E3 Mixed Pine (51-75% Exotics) 13.25 415-E4 Mixed Pine (>75% Exotics) 14.97 422 Brazilian Pepper 1.11 424H-E4 Hydric Melaleuca (>75% Exotics) 6.42 435-E3 Dead Trees (51-75% Exotics) 1.29 624-E1 Pine -Cypress -Cabbage Palm (0-25% Exotics) 0.40 624-E2 Pine -Cypress -Cabbage Palm (26-50% Exotics) 0.74 624-E3 Pine -Cypress -Cabbage Palm (51-75% Exotics) 22.28 740 Disturbed Lands 14.00 742 Water Management Areas 9.72 814 Roadways 25.68 8146 Primitive Trails 1.40 817 Water Transmission Easement 5.20 832 FPL Easement 12.33 Site Total: 419.60 E1 = Exotics <25% of total cover E2 = Exotics 26-50% of total cover E3 = Exotics 51-75% of total cover E4 = Exotics >75% of total cover Earth Tech Environmental, LLC www.eteflorida.com Protected Species Survey Figure 3. FLUCCS Map with Aerial Earth Tech Environmental, LLC www.eteflorida.com Protected Species Survey A O Suhject Property 411 E4_ Pine Flaltwods �8-1004 E,otic,) I ig Flu ccCommeivlal 411 H-E3. Hydrin Pine Flatwcotle (51-75% E,Ot,i and Services 415 D Mixed Pine (51-75°4 Uoucal 141, Relall Gas S-1 41GE4. Mixed Pine (76 100� Ewticsj 145, Hotels 411, Brazilian Pepper �169. In0usiriel llncler Conetruction _424H-E4, Hydric Melaleuca 175 Government(Big Cypress Basin) _435-E3. Hea6li—(50-75%Exotics) IRO Community Recreational Faalities(J.i Cnstnrct-) 021E1.Cyprss-Plne-Cabbtge Palm in 26% Exotios) 321- E1. Pairnew(r25% E-ii U24-E2. Cypress -Pin. Cabhage Palm (-E- Evotics) �7S 321-E2. Pill— (2&60%Erotiasi 3219. En trubed 1.1— 624-E3.Cypress-Plne-Cabhege Polm(51-7-Evetics) 5 Ulrect Property boundary �Lleirivd train Pe�dson Cnaiirmiri3 3219£t, ❑Isturhad Palmetto [C16%Exotl�si 11. Bislruhed Lends 742, Water Management Areas 3219 62, ❑ist,—d Palmetto [2B53% Exodrsl 514 Roe41days 0 450 900 1.800 All- P—Elaiwoms(:25Y Exmlcz) 411-E2, Pine 11alwoods(21501f Exofice) etas, Pmm�w�7rens 411-E3, Plne 11alwooGs(51-]fiii, Exollcs) rer Transmission Easement 832. FPL Easement Feet Figure 4. FLUCCS Map FLUCCS 140, Commercial and Services This portion of the Subject Property includes a gas station and car wash in City Gate Phase 1. It includes the building, driveways, parking lots, and associated structures and facilities. FLUCCS 141, Retail Sales and Services (Gas Station) This portion of the Subject Property includes a gas station and car wash in City Gate Phase 1. It includes the building, driveways, parking lots, and associated structures and facilities. FLUCCS 145, Tourist Services (Hotels) There are two hotels previously constructed in City Gate Phase 1. FLUCCS 159, Industrial Under Construction This community is located in the northeast corner of the Subject Property. It has been permitted and cleared as part of an access road to the Collier County Resource Recovery Park. The Collier County Sports Complex is sharing this access road, which is an extension of City Gate Boulevard North. FLUCCS 175, Governmental There is a South Florida Water Management District building (Big Cypress Basin) along the north - central property line — City Gate Phase 2, lots 5 & 6. Earth Tech Environmental, LLC www.eteflorida.com 8 Protected Species Survey FLUCCS 186, Community Recreational Facilities (Under Construction) This community is located in the central portion of the Subject Property. It has been permitted and cleared as part of the Collier County Sports Complex. FLUCCS 321-E1/E2, Palmetto Prairies (<25-50% Exotics) This community is found in the north -central portion of the Subject Property. It is dominated by saw palmetto (Serenoa repens) with scattered slash pine (Pinus elliottii) in the canopy. Other vegetation present includes pennyroyal (Piloblephis rigida), rusty lyonia (Lyonia ferruginea), winged sumac (Rhus copallinum), and grapevine (Vitis rotundifolia). FLUCCS 3219-E1/E2, Disturbed Palmetto (<25-50% Exotics) This community is found as small, isolated regions in the north -central portion of the property. Mid - story is nearly absent, consisting of occasional saw palmetto. Dominant groundcover is dense grapevine and bracken fern (Pteridium aquilinum). FLUCCS 411-E1/E2/E3/E4, Pine Flatwoods (<25 - >75% Exotics) This community makes up the majority of the naturally vegetated communities throughout the Subject Property. Canopy vegetation is dominated by slash pine and earleaf acacia (Acacia auriculiformis). Other vegetation includes saw palmetto, cabbage palm (Saba) palmetto), beautyberry (Callicarpa americana), myrsine (Myrsine cubana), greenbrier (Smilax spp.), poison ivy (Toxicodendron radicans), Caesarweed (Urena lobata), and various grasses scattered throughout. The community edges contain low to moderate amounts of Spanish needle (Bidens alba), shrubby false buttonweed (Spermacoce verticillata), Brazilian pepper (Schinus terebinthifolia), and earleaf acacia. FLUCCS 411H-E3, Hvdric Pine Flatwoods (51-75% Exotics) This community is found as a single, isolated 'island' in the central portion of the Subject Property. Canopy is dominated by slash pine and melaleuca (Melaleuca quinquenervia). Other vegetation includes buckthorn (Sageretia minutiflora), bald cypress (Taxodium distichum), swamp fern (Telmatoblechnum serrulatum), wax myrtle (Morella cerifera), scattered grapevine and poison ivy. FLUCCS 415-E3/E4 Mixed Pine (51 - >75% Exotics) This community is found in the eastern -most portion of the Subject Property. Canopy cover is dominated by earleaf acacia, slash pine, and small, scattered bald cypress. Mid -story consists of sparse cabbage palm. Ground cover is largely open with dense earleaf acacia duff. FLUCCS 422, Brazilian Pepper This community is found in a small, isolated occurrence along the north -central property boundary. It is dominated by a dense Brazilian pepper canopy, with little to no understory vegetation. FLUCCS 424H-E4, Hvdric Melaleuca (>75% Exotics) This community is found in the south-western portion of the Subject Property and is dominated by exotic vegetation, primarily melaleuca at earleaf acacia. FLUCCS 435-E3, Dead Trees (51-75% Exotics) This community is located along the southern property boundary. It is dominated by snags (dead trees) in areas burned by a wildfire. Other vegetation present includes sparse pine, saw palmetto, and planted firebush (Hamelia patens) and beautyberry. Earth Tech Environmental, LLC www.eteflorida.com -11 Protected Species Survey FLUCCS 624-E1/E2/E3 Cypress -Pine -Cabbage Palm (<25-75% Exotics) This community is primarily found along the eastern property boundary, as well as isolated 'islands' in the southern portions of the property. The canopy is dominated by bald cypress, slash pine and cabbage palm. Other vegetation present includes melaleuca, earleaf acacia, dahoon holly (Ilex cassine), swamp fern, Caesarweed, grapevine, saw grass (Cladium jamaicense), buckthorn, greenbrier, poison ivy, and wax myrtle. FLUCCS 740. Disturbed Lands Disturbed lands are those which have been changed primarily from human activities. On the site, these areas consist primarily of berms, trails and previously cleared areas and are scattered throughout the perimeter and interior of the property. FLUCCS 742, Water Management Areas These areas are found scattered throughout the western -central portion of the Subject Property and consist of water detention areas in association with water management. FLUCCS 814, Roadways These include City Gate Drive, White Lake Boulevard, Brennan Drive, and City Gate Boulevard North. FLUCCS 8146, Primitive/Trails These primitive trails are found running through the easternmost portion of the Subject Property. FLUCCS 817, Water Transmission Easement This area forms the northern property line, adjacent to the Golden Gate Canal. It is a utility easement for water lines that run from the Resource Recovery Property (to the northeast) back to the South County Regional Water Treatment Plant. FLUCCS 832, Electrical Power Transmission Lines This includes the area east of the Water Treatment Plant and consists of a Florida Power and Light (FPL) easement. The various protected species which may occur in the corresponding FLUCCS communities are shown below in Table 3. TABLE 3. PROTECTED SPECIES LIST ACCORDING TO FLUCCS COMMUNITY FLUCCS CODE POTENTIAL LISTED SPECIES SCIENTIFIC NAME DESIGNATED STATUS FWC or FDA FWS 140 NONE 141 NONE 145 NONE 159 NONE 175 NONE 186 NONE 321/3219 Audubon's Crested Caracara Polyborus plancus audubonii T T Beautiful Pawpaw Deeringothamnus rugelii vor. pulchellus E E Burrowing Owl speotyto cunicularia T Curtis Milkweed Asclepias curtissii E Fakahatchee Burmannia Burmannia flava E Florida Coontie Zomia integrifolia C Florida Sandhill Crane Grus conadensis pratensis T Earth Tech Environmental, LLC www.eteflorida.com 10 Protected Species Survey Gopher Tortoise Gopherus polyphemus T Eastern Indigo Snake Drymarchon corais couperi T T Southeastern American Kestrel Falco sparverius paulus T 411 Bald Eagle Haliaeetus leucocephalus SSC Beautiful Pawpaw Deeringothamnus rugelii var. pulchellus E E Big Cypress Fox Squirrel Sciurus niger avicennia T Eastern Indigo Snake Drymarchon corais couperi T T Fakahatchee Burmannia Burmannia flava E Florida Bonneted Bat Eumops floridanus E E Florida Coontie Zamia integrifolia C Florida Panther Felis concolor coryi E E Gopher Tortoise Gopherus polyphemus T Red -Cockaded Woodpecker Picoides borealis E E Satinleaf Chrysophyllum oliviforme T Southeastern American Kestrel Falco sparverius paulus T Twisted Air Plant Tillandsia flexuosa T 415 Bald Eagle Haliaeetus leucocephalus SSC Beautiful Pawpaw Deeringothamnus rugelii var. pulchellus E E Big Cypress Fox Squirrel Sciurus niger avicennia T Eastern Indigo Snake Drymarchon corais couperi T T Fakahatchee Burmannia Burmannia flava E Florida Bonneted Bat Eumops floridanus E E Florida Coontie Zamia integrifolia C Florida Panther Felis concolor coryi E E Gopher Tortoise Gopherus polyphemus T Red -Cockaded Woodpecker Picoides borealis E E Satinleaf Chrysophyllum oliviforme T Southeastern American Kestrel Falco sparverius paulus T Twisted Air Plant Tillandsia flexuosa T 422 NONE 424H Big Cypress Fox Squirrel Sciurus niger ovicennia T 435 Gopher Tortoise Gopherus polyphemus T 624 American Alligator Alligator mississippiensis SSC T(S/A) Butterfly Orchid Encyclia tampensis CE Bald Eagle Haliaeetus leucocephalus SSC Common Wild Pine Tillandsia fasciculata E Everglades Mink Mustela vison evergladensis T Florida Bonneted Bat Eumops floridanus E E Florida Panther Felis concolor coryi E E Giant Air Plant Tillandsia utriculata E Little Blue Heron Egretta caerulea T Tricolored Heron Egretta tricolor T Twisted Air Plant Tillandsia flexuosa T Wood Stork Mycteria americana T T 740 Burrowing Owl Speotyto cunicularia T Gopher Tortoise Gopherus polyphemus T 742 American Alligator Alligator mississippiensis SSC T(S/A) Everglades Mink Mustela vison evergladensis T Little Blue Heron Egretta caerulea T Reddish Egret Egretta rufescens T Roseate Spoonbill Ajaia ojoja T Tricolored Heron Egretta tricolor T 814/8146 NONE 817 NONE 832 Burrowing Owl Speotyto cunicularia T Gopher Tortoise Gopherus polyphemus T Earth Tech Environmental, LLC www.eteflorida.com Protected Species Survey Abbreviations Agencies: Status: FDA CS = Florida Department of Agriculture and Consumer Services CE = Commercially Exploited FWC = Florida Fish & Wildlife Conservation Commission E = Endangered FWS = United States Fish and Wildlife Service SSC = Species of Special Concern T = Threatened T(S/A) = Threatened/Similarity of Appearance Figure 5. Transect Map 5.0 RESULTS All relevant species observed on the Subject Property are detailed in Table 4 and any protected species observed are specifically noted. See Figure 6 for field results. Earth Tech Environmental, LLC www.eteflorida.com fv% Protected Species Survey Figure 6. Field Results Map TABLE 4. BIRDS, MAMMALS, AMPHIBIANS, REPTILES, & PLANTS OBSERVED ON THE SUBJECT PROPERTY COMMON NAME SCIENTIFIC NAME OBSERVATIONS LISTED SPECIES? STATUS BIRDS American Crow Corvus brachyrhynchos DV N Bald Eagle Haliaeetus leucocephalus DV N SSC Blue Jay Cyanocitta cristata DV N Common Grackle Quiscalus quiscula DV N Great Egret Ardea alba DV N - Great Horned Owl Bubo virginianus DV N - Limpkin Aramus guarauna DV, HV N - Mockingbird Mimus polyglottos DV, HV N Mourning Dove Zenaida macroura DV N Northern Cardinal Cardinalis cardinalis DV N Northern Flicker Colaptes auratus DV, HV N Osprey Pandion haliaetua DV, HV N - Pileated Woodpecker Dryocopus pileatus DV, HV N Red Bellied Woodpecker Melanerpes carolinus DV, HV, OH N Red Headed Woodpecker Melanerpes erythrocephalus DV N Red Shouldered Hawk Buteo lineatus DV N - Robin Turdus migratorius DV N Turkey Vulture Cathartes aura DV N White Ibis Eudocimusalbus DV N Earth Tech Environmental, LLC www.eteflorida.com 13 Protected Species Survey MAMMALS Armadillo Dosypus novemcinctus OH N Big Cypress Fox Squirrel Sciurus niger avicennia DB Y ST Black Rat Rattus rattus DV N Cottontail Sylvilagus floridanus DV, OH, S N Eastern Gray Squirrel Sciurus carolinensis DV N Marsh Rabbit Sylvilagus polustris DV, OH, S N Opossum Didelphis virginiano DV N Wild Hog Sus scrofa OT N White -Tailed Deer Odocoileus virginianus DV, R N REPTILES Black Racer Coluber constrictor priapus DV N Brown Anole Anolis sagrei DV N Gopher Tortoise Gopherus polyphemus DV, OH, S Y AMPHIBIANS Cuban Tree Frog Osteopilus septentrionalis DV N Oak Toad Anaxyrus quercicus DV N PLANTS Butterfly Orchid Encyclia tampensis DV Y CE Common Wild Pine Tillandsia fasciculata DV Y SE Giant Wile Pine Tillandsia utriculata DV Y SE Northern Needleleaf Tillandsia balbisiana DV Y ST = protected species Abbreviations Observations: C = Cavity DB = Day Bed DV = Direct Visual HV = Heard Vocalization(s) MT = Marked Tree Observations: N = Nest OH = Observed Hole/Burrow OT = Observed Tracks R = Remains S = Scat Status: CE = Commercially Exploited FE = Federally Endangered FT = Federally Threatened SSC = Species of Special Concern ST = State Threatened SE= State Endangered Below are discussions of each listed species observed on the Subject Property: Big Cypress Fox Squirrel (Sciurus niger avicennia) Four (4) day beds made of leaves were observed in live melaleuca (southern points) and live earleaf acacia (northern point) on the Subject Property. No squirrels were observed in any of the nests, though gray squirrels were observed on the Subject Property. The day beds are likely too small to be fox squirrel nests. These nests will warrant additional observation to rule out the possibility of Big Cypress fox squirrel nesting on the Subject Property. A Big Cypress Fox Squirrel Management Plan has been completed on the eastern 128 acres of the Subject Property and provided to the USFWS for consultation. Gopher Tortoise (Gopherus Polyphemus) At least twelve (12) potentially occupied gopher tortoise burrows were observed in the north -central portion of the Subject Property, as well as at least two (2) abandoned burrows. One gopher tortoise was observed at a burrow on the property. A 100% species -specific gopher tortoise survey will be required should impacts to habitat containing burrows be proposed. Listed Plants Common wild pine, giant wild pine, northern needleleaf, and butterfly orchids were observed on the Subject Property. Earth Tech Environmental, LLC www.eteflorida.com 14 Protected Species Survey Florida Bonneted Bat (Eumops floridanus) The Subject Property falls within the US Fish & Wildlife Service (USFWS) consultation area for the Florida bonneted bat (see Figure 7). During this survey, numerous tree cavities were observed primarily in pine snags. A specific purpose tree -to -tree cavity survey is recommended to rule out the possibility of Florida bonneted bat roosting on the property. A full Florida bonneted bat cavity survey and acoustic foraging survey was conducted in March 2019 on the eastern 128 acres of the Subject Property and provided to the USFWS for consultation. Rjtti ""j 4ge ■ _nv,. \ T�i 1 \NEON •I III i� !1 ilk\ I� p% 3t� _ \�1 o� \y0 Subject Properly Figure 7. Florida Bonneted Bat Consultation Area The Subject Property does have community types in which additional protected species could reside. Below are discussions of listed species that could potentially utilize the site. During permitting, the following listed species concerns may be raised by the agencies: Earth Tech Environmental, LLC www.eteflorida.com 15 Protected Species Survey tITA .IAIT�l RE PD DGE Ilk Figure 8.Wood Stork Information Wood Stork (Mycteria americana) The Subject Property falls within the core foraging area (estimated at 18.6 miles) of one (1) wood stork colony in Collier County (see Figure 8). An independent Wood Stork Foraging Analysis has been conducted on the Collier County Sports Complex portion of the Subject Property and was provided to the USFWS for consultation. The dense/overgrown remainder of the property likely precludes wood stork foraging or nesting. Earth Tech Environmental, uc www.etenopma.mm Protected Species Survey �'ANDr,An[LT nr,ACII AD •••�...�•••�•� ^._^•_..•�.••_ zasi • GOLDI N GATE IM I) 1A' • i'\ ai • 1 1 t �� K PINE RIDGI NJ) PINI-. R[DGE AD FXT .. x • • • • __ � • q,alrr IJ��L��•.eu :� .�.�_..._.0_. r...` �� • i • • . • �� • . I IN •�• • . • r7� `� — arc � �..._..._.. �A••s �■ J GQI.[)FN C 1TE••Ci•••• ••• *a•. +•••• • • • x c • ��•• •00 14P• •• •i • • • • „fit: =-a; �✓''� RADIO 1U) 00 a., .. • e • • • unvrs nLvo x • 7 c�Infmrllll�pr=ua=llM1p` +. z NOG. All informaion is bassC on lbe aesl Bala as iraae =_ � . avallablo by Flarltla FRb&Wldldo GoninRsan (F'NG 20191 i. � • � • I�Itlr.�r,�nP.rP Pm,n,n ��M[IlerwS .l,�nn=)mm=,s�,i�.�z �orei "j r� USFWS�Panther Habitat Zones��ifi • o Primary Panther Habltat E ISec ndary Panther Habitat MIN Dispersal Habitat o` • =North Area � P,,. v Figure 9. Florida Panther Information Florida Panther (Felis concolor corgi) The Subject Property falls within the USFWS Florida Panther Consultation Area and Primary Panther Habitat (see Figure 9). Multiple telemetry points from tracked panthers fall on and within the vicinity of the property. An independent Florida panther impact assessment has been conducted on the Collier County Sports Complex portion of the Subject Property and was provided to the USFWS during consultation. Earth Tech Environmental, LLC www.eteflorida.com 17 Protected Species Survey y • 'ANDF:RRTTT • ' ' • i _. l ``� , BRACA RT) ••~ • • z _ � �• • •• '•. (i LDRN Ce:\TK KT \' D We ' • • Icy �-y!" `� �I-'� go `� 1'1Nt RIDCiL RD PTNi RfllGE RD CXT p ' \ 1 { m ]'7 Ci RLLN ➢LVD C • —I_� z 7 FaF •• (IOLDIEN`JN II: III p `' • gym' 1z aM F �• � hGl Dif)RD � • 3 a x • � q � • • C.Z .� PJ :J • D - DAV IS ➢LV00 - c • ' M i rvoteno��roa��i�o�s:,„sec o��mr: Hteaao�as ��h�r± �' a�aaa¢le MFranca F�sossnalae oomm�ss�on rFwo eolo� rx _ • ".7" RD, yps�bie 7lil,_I 0 Mlle Ratllus • • Black gear RelaT¢d Calls [FWC 2016-2018) • FWC Black B¢ar Rang. Floritla (2018) • •• i Black Bear Presence nnunaam C-m- �Q � o��aslonal �� L Rare w 1?5 ,• i* j+LINORY All �Iw . •r •� F ' • _ JL »� • Figure 10. Florida Black Bear Information Florida Black Bear (Ursus americanus floridanus) The Subject Property falls within abundant black bear habitat with numerous black bear -related calls falling in the general proximity of the property (see Figure 10). The County may require the Client to implement Florida Fish & Wildlife Conservation Commission (FWC)-approved bear -proof waste receptacles on the Subject Property. Earth Tech Environmental, LLC www.eteflorida.com 18 Protected Species Survey Figure 11. Bald Eagle Information Bald Eagle (Holioeetus leucocepholus) There are no recorded FWC bald eagle nests within a half mile of the Subject Property. Consultation with USFWS will likely not be necessary for bald eagle. Earth Tech Environmental, LLC www.eteflorida.com 19 Protected Species Survey 6.0 REFERENCES Ashton, Ray E. and Patricia S. "The Natural History and Management for the Gopher Tortoise." Krieger Publishing Company. Malabar, Florida. 2008. Atlas of Florida Plants. Institute for Systematic Botany. 2020. https://florida.plantatlas.usf.edu/ Collier County Property Appraiser. http://www.collierappraiser.com/ Cox, James; Inkley, Douglas; and Kautz, Randy. "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large -Scale Development in Florida." Nongame Wildlife Program Technical Report No. 4. December 1987. http://www.fwspubs.org/doi/suppl/10.3996/062015-JFWM-055/suppl file/062015-Ifwm- 055.s2. odf?code=ufws-site "Florida's Endangered and Threatened Species"- Official List. Florida Fish and Wildlife Conservation Commission. Updated December 2018. http://myfwc.com/media/1515251/threatened-endangered-species.pdf http://mvfwc.com/imperiledspecies/ Florida Exotic Pest Plant Council. "2019 FLEPPC List of Invasive Plant Species." Fleppc.org Florida Land Use, Cover and Forms Classification (FLUCCS) Handbook. Florida Department of Transportation. January 1999. http://www.fdot.gov/geospatial/documentsandpubs/fluccmanuall999.pdf http://www.fdot.gov/geospatial/doc pubs.shtm Weaver, Richard E. and Anderson, Patti J. "Notes on Florida's Endangered and Threatened Plants." Bureau of Entomology, Nematology and Plant Pathology— Botany Section. Contribution No. 38, 5th Edition. 2010. http://freshfromflorida.s3.amazonaws.com/fl-endangered-plants.pdf http://www.freshfromflorid a.com/Divisions-Offices/Plant-Industry/Bureaus-and-Services/Bureau-of- Entomology-Nematology-Plant-Pathology/Botany/Florida-s-Endangered-Plants Earth Tech Environmental, LLC www.eteflorida.com 20 DE DAVIDSON ENGINEERING DEVIATION AND JUSTIFICATION SUMMARY DIRECTIONAL SIGNS — MPUD / SPORTS COMPLEX PROJECT (WITHIN MPUD) 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 36-square feet in area per sign; b) directional signs shall not exceed 12-feet in height; c) up to twenty (20) 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. Justification: The City Gate Commerce Park MPUD is a large mixed -use MPUD and was amended early 2020 for the addition of 128.05-acres, the Sports Complex Extension. Due to the increase in acreage, and proposed internal roadway extensions, additional signs are needed. For the visitors to the Collier County Sports Complex, the location of proper way finding signage needs to be plentiful, legible, and consistently located. A unified design theme will be utilized for all directional signage throughout the MPUD; thus, ensuring a cohesive appearance and enhanced aesthetic appeal. Multiple lines of text are needed on each sign face, to easily direct motor vehicles to appropriate locations throughout the MPUD and Sports Complex Project. Therefore, the request for an increase in permitted sign area and height will allow text to be appropriately sized and spaced on each sign. Lastly, providing easy wayfinding is a benefit to the general public and to Collier County Emergency Services. City Gate Commerce Park MPUD P U DA-P L20200001448 Decemeber 4, 2020 DE DAVIDSON ENGINEERING PARKING - SPORTS COMPLEX PROJECT Deviations #13 and 15-17 are existing deviations and have been updated to include Lots abutting the Sports Complex Project that provide area(s) for overflow parking associated with the Sports Complex Project. The Uline facility, planned on a Lot abutting the Sports Complex Project, is proposing to provide an area to Collier County for parking associated with the Sports Complex Project. Approval of these deviation updates will allow the parking area(s) to be designed consistent with what is approved for the Sports Complex Project. CARETAKER RESIDENCES — MPUD INCLUDING SPORTS COMPLEX PROJECT Deviation #22 was updated to allow a maximum of 10 (ten) attached or detached caretaker residences from the previous seven (7) to meet the potential needs for future developments. OFF -PREMISE DIRECTIONAL SIGN — SOUTH COUNTY WATER TREATMENT PLANT Deviation #34 seeks relief from LDC Section 5.06.04 G. "Off -Premise Directional Signs," which requires Off -Premise Directional Signs to be no more than 12 square feet in area and be located no closer than 10 feet from the property line, to instead allow the South County Water Treatment Plant's Off -Premise Directional Sign to be a maximum of 21 square feet in area, be located less than 10' from the property line and be located within Lot 11 of the City Gate Commerce Park Phase Three Plat (PB 63/Pages 84-90), with an easement granted from the property owner or written permission. Justification: Deviation #34 will solidify the existing conditions of the sign installed for the South County Water Treatment Plant, located within the City Gate Commerce Park MPUD. The sign has been installed within Lot 11 of the City Gate Commerce Park Phase Three Plat to provide visibility to the public; otherwise the existing chain link fence and landscaping surrounding the water treatment plan would shield the sign. A written letter of permission from the property owner of Lot 11 has been obtained and this deviation does not create any negative impacts. F. Comer Count SOUTH COUNTY ;,. REGIONAL WATER TREATMENT PLANT Award""ing Winking Water Treatment FaciCtty V 'le, �zXllr �a �,._ . _ . sew• Mllra.� �._�,> City Gate Commerce Park MPUD PUDA-PL20200001448 December 4, 2020 DE DAVIDSON ENGINEERING PARKING REQUIREMENTS —WHOLESALE WAREHOUSE FACILITY Deviation #35 seeks relief from LDC Section 4.05.04 G. "Parking Space Requirements," which requires wholesale warehouse establishments to be parked at 1 space per every 1,000 SF of warehouse and 1 space per every 275 SF of office areas, to instead allow the wholesale warehouse facility planned within the City Gate Commerce Park MPUD (SDP-PL20200002112) to provide 1 space per every 4,000 SF of warehouse and office areas. Justification: Deviation #35 is being requested to meet Wine's actual parking demand, which is much less than what is required by the Collier County Land Development Code. The facility is designed for 220 employees at one time; thus, the request to provide 250 parking spaces is sufficient for the development. This is based on the operation and function of Uline's several other existing facilities, located within North America. Approval of this deviation request will also allow the opportunity for more open/green space to be provided on the property. City Gate Commerce Park MPUD PUDA-PL20200001448 December 4, 2020 ORDINANCE NO. 2020 - 13 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 128.05t 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 419.601: ACRES IS LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF 1-75 AND COLLIER BOULEVARD (CR 951) IN SECTIONS 35 AND 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY, FLORIDA. [PL201900014941 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 PLTD to remove the provisions relating to the Red -Cockaded Woodpecker Mitigation; and [19-CPS-01932/1528910/11186 Underlined text is added; StFucL through teat 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 I1, 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 Crate Commerce Park PUD for a 419.64-+ 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-CP5-01932/1329910/11186 Underlined text is added; &M& thWktgh text is deleted. City Crate 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, thisjj!ay of M c.r __, 2020. } ATTEST: CRYSTAM KINZEL, CLERK By: Attest as to Chai y qc�k $IgR�iu� 9�lly,� Approve dd as to form and 1 ity: eidi Ashton-Cicko Managing Assistant County Attorney CiU� Attachment: Exhibit A — PUD Document l l9-CPS-01932l152891011 ] 186 City Gate PURR-PL20190001494 3/16/20 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA />,r,�Jpp By: Burt L. Saunders, Chairman Thit, ordinance Clr-:+ with the r b3fy Of s'OtO `-: t s r: iC'D t he ny of and aCknnwIedgement chat Nina rec sv,d this - day ofr� 13Y p.wm c i Underlined text is added; fig# text is deleted. 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 ❑ate 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 MPU❑ Underlined text is added; Struck through text is deleted PUDR-PL20190001494 March 16, 2020 INDEX SECTION PAGE I. PROPERTY OWNERSHIP AND DESCRIPTION 3-8 II. PROJECT DEVELOPMENT 9 23 9 - 24 III, PROJECT DEVELOPMENT REGULATIONS 24---31 25-32 IV. PROJECT ENVIRONMENTAL REQUIREMENTS 32-34 33-35 V, TRAFFIC AND ENGINEERING REQUIREMENTS 3&46 36-37 VI. UTILITIES REQUIREMENTS 37-41 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 MPU❑ PURR-PL2D190041494 March 16, 2020 2 Underlined text is added; Struck through text is deleted 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 5 419.60 acres in area. The legal description follows this page. 1.3. PROPERTY OWNERSHIP Title to the property is currently in Land Trust #5350, 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 15, 2020 3 1OHNSON ENGINEERING, INC. 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 02.405" WEST, A DISTANCE OF 750.60 FEET; THENCE NORTH 04°21'08" WEST, A DISTANCE OF 294.22 FEET TO AN INTERSECTION WITH PROPOSED ACCF55 ROAD N0. 1 AS SHOWN ❑N THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR STATE ROAD N0. 93 (I-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 50UTH 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 ❑ISTANCE 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 DISTANCEOF 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 89,00,011, 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 1141 OF SECTION 35, A DISTANCE OF 335.24 FEETTO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, THENCE N.89013'01"E. ❑EPARTING 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 5.45037'12"E.) (CHORD 1,108.88 FEET) (DELTA 90°19'33") FOR A DISTANCE ❑F 1,232.62 FEET• THENCE S.00°27'26"E., A DISTANCE OF 1,815.14 FEET: THENCE S.89013'01"W. A DISTANCE OF 2,247.89 FEETTO AN INTERSECTION WITH THE WEST LINE OF THE SOUTHWEST ❑NE -QUARTER (SW 114) 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. ❑EPARTING SAID WEST LINE, A_D_ISTANCE OF 66.98 FEET T❑ 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 FEETTO 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 FAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER ❑F LOT 5 CITY GATE COMMERCE CENTER PHASE THREE AS RECORDED IN PLAT BOOK 63 PAGE 84 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA• THENCE 5.00'30'14"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`371121,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 S.89'13'01"W., FOR 2,247.89 FEET TO AN INTERSECTION WITH THE EAST LINE ❑F 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 AN❑ THE WESTERLY PROLONGATION THEREOF ALSO BEING THE SOUTH BOUNDARY OF THE AFOREMENTIONED PLAT OF CITY GATE COMMERCE CENTER, PHASE THREE REPLAT AN❑ CITY GATE COMMERCE CENTER PHASE ❑NE, AS RECORDED IN PLAT BOOK 41, PAGE 6, OF SAID PUBLIC RECORDS, City Gate Commerce Park MPU❑ Underlined text is added; Struck through text is deleted PUDR-PL20190001494 March 16, 2020 FOR 4,909.52 FEET: THENCE ALONG THE BOUNDARY OF SAID PLAT ❑F CITY GATE COMMERCE CENTER, PHASE ONE, FOR THE FOLLOWING SEVEN (7) COURSES: 1. N.43036'37"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.2301711011W. 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. S.00047'14"W.. FOR 653.80 FEET, 7. N.89'04'40"E., FOR 690.82 FEET TO AN INTERSECTION WITH THE BOUNDARY ❑F 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.00047'14"E., FOR 1,399.21 FEET, 2. N.58°30'03"W., FOR 596.93 FEET, 3. S.61*09'57"W. FOR 203.97 FEET TO AN INTERSECTION WITH THE BOUNDARY OF THE PLAT ❑F CITY GATE COMMERCE CENTER PHASE ONE REPLAY 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 ❑F THE NORTH BOUNDARY ❑F SAID PLAT ALSO BEING THE NORTH BOUNDARY OF THE AFOREMENTIONE❑ 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 M P U D Underlined text is added; Struck through text is deleted PUDR-PL20190001494 March 16, 202❑ F GENERAL DESCRIPTION OF PROPERTY AREA A. The '°� 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 an the PFOPeFty , e limited to about 28.5 ae n. 96t 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 wi11 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 PURR-PL20190001494 March 16, 2020 7 nR irrrwc a 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: I. 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. T44 The 2018 PUD Amendment is 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 $ SECTION II PROJECT DEVELOPMENT 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 }Manned 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 2.3 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. 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 i 61.99 (±2.50 aeFe5) ± 65.83 (12.50 acres) Building sites y 183.55 (ih 50 aUes) ±178.72 It 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) ±12805 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 PUDR-PL20190001494 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.B.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 12.13.3). 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 stotaI 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 ""ems 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 2A-A may be increased to a maximum of 458 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 accessary -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 PUDR-PL20190001494 March 16, 2020 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 ibit the use of murals or art on walls and/or exterior walls of buildings ar 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 fallowing 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. Cc rStFiping, 9-. B. Article XI, Section 21: The requirement for blank utility casings shall be waives! if all required utilities are installed prior to construction of the street base and pavement. City Gate Commerce Park M P U D Underlined text is added; Struck through text is deleted PURR-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 2-9" (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.) iill ► i>i � ��1I■]>?I li�'[■]i� li ■ rx �7 2. INTENTIONALLY OMITED DIRECTORY SIGN — MPUD (PLATTED LOT 7. PHASE ON 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 mare 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 5-7, of the Public Records of Collier County, as shown on the attached Master Development Plan Exhibit A-1, page 2e€1; 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 PUDR-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.B.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, ay a maximum height of 100-feet from finished grade; b) extension up to 40-feet from any building to which it is attached; cy 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 dj 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-PL.20190001494 March 16, 2020 15 DIRECTIONAL SIGNS —MPUD I 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 47 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 oni c e494AIT99 SIGN WITH DISIP LAY —5PORTS COMPLEX PROTECT 8. deviation #8 seeks relief from LDC Section 5.06.04 GA "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 Af 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 dj shall not be located more than 4,500 feet from Sports Complex Project; and ej 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 1 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 5,06.45 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 areal 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 ❑ R- PL20190001.494 March 16, 2020 18 PARKING - SPORTS COMPLEX PROJECT ONLY 13. Deviation 413 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 PU DR-PL20190001494 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 ..b,,+.OHO . Fty to the each .s eFe the deyele.,ment is jaintly „tanAed Sorts 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 (SD PA) 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 920 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 MPU❑ Underlined text is added; Struck through text is deleted PUDR-PL20190001494 March 16, 2020 20 RETAINED NATIVE VEGETATION - SPORTS COMPLEX °°r ^�T LOT ONLY 21. Deviation 921 seeks relief, for the Sports Complex P+Gqe.C4 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 I-re}ect 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 Rreject 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 LOC Section 5.0105 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 €+ve (5) seven 7 attached or detached caretaker's residence(s), limited to locations East of the F. P. & L. Easement. 23. WithmH the watei: management dete ntian a Rd OF retention a Feas, f or th e City Gate L4;eFr=e Park, tA h,- Intentionally Omitted. City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted PUDR-PL20190001494 March 15, 2020 21 ARCHITECTURAL REVIEW STANDARDS — SPORTS COMPLEX PROJECT 24. Deviation #24 seeks relief from LDC Section 5.05.09 "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.If. i "Pur ose and Intent. The pur ose 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 6.2 PUD "Design Requirements," which requires PUDs to provide landscape buffers aloe the perimeter of PU❑ boundaries to instead allow no landscape buffers along the perimeter of the Sports Complex Extension if development with abutting properties is mointly planned. City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted P U DR-P L20190001494 March 16, 2020 22 WALL REQUIREMENTS — MPUD 31. Deviation #31 seeks relief from LDC Section 5.03.02 DA "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-4Lpage 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 Parkin 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 Promects" which allows no more than 80 percent of the off- street parking re uirement for buildings on corner lots, to be located between a primary faiCade 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 parkingto be located on any single side of the building. This deviation does not apply to the "Sports Complex Fxtancinn" 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 PUD R- PL20190001.494 March 16, 2020 23 2.9 1 M PACT 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 (hereinafterthe 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 PUOR-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. Z. 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 PUDR-PL20190001494 March 16, 2020 25 3. SPORTS COMPLEX PROJECT See Section II -Paragraph 2.2.a.): a, Amusement and Recreational Services, Field House/Event Center, and Stadium b. Recreational uses designed and operated to serve athletes and/or the public. T#e The facility shall never be mans ed owned or operated b a professional sports team. Professional teams may lease the facility for events and games by Board of County Commissioners 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 1OPM (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 Mana ement as allowed by the LDC b. Passive Uses as allowed by, the LdC c. Uses subject to LAC Section "Allowable Uses within Cou nty Re uired 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 Co€tier County Zoning Ordinance in effect at the time of application far the sign permit and as subject to Section 2.7 in this document. 4. A maximum of 53 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 S feet in height, except along the north MPUD boundary where it abuts the Golden Gate Canal. Refer to Exhibit A-4 a e 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 MPU❑ Underlined text is added; Struck through text is deleted P U D R- P L20190001494 March 16, 2020 27 3.3. ❑EVELOPMENT STANDARDS A. Minimum Parcel Size: West of F. P. & L. easement: 1 acre East of F. P. & L. easement: . 1 acres B. Minimum Parcel Width: West of F. P. & L. easement: 150 feet East of F. P. & L. easement: 200150 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 ❑r 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 RLI shall have the ❑ tion 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 veizetation is met by expanding the remaining; Required Yards within the lot seeking reduction along the lalra hnn4 C-1. Setbacks to Preserve Areas (Sports Complex Extension): Principal Structures: 25' Accessary 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 tots; 60-feet City Gate Commerce Park MPUD PURR-PL20190001494 March 16, 2020 29 Underlined text is added; Struck through text is deleted 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 Proiect: 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 Buildinp, Height shall also apply to lots west of the Sports Complex Proiect 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 MPG❑ Underlined text is added, Struck through text is deleted PLJDR-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 MPU❑ Underlined text is added; Struck through text is deleted PUDR-PL20190001494 March 16, 2020 32 5ECTION 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 ❑epartment 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 fortheir 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 MPU❑ Underlined text is added; 5truck through text is deleted P U D R- 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. (UPCIA Feguest, AIDAAh eap pFevide peF%1,eRt infer^ .atiep eeneeFAIAO plant _ es) The lake within Tract RL was approved under Excavation Permit No. PL2018DOOO161. 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 hydriIla (HydriIla verticiliate), water hyacinth (Elchhornia crass ipes), and to a (lesser degree) cattails (Typha latifolis)_..this progFa m .II la swI, eet to tea rp-4.1 .., . ................. prepased F.,. the p el FA Est be subject to the Feview and a -.I e f RI[]MD City Gate Commerce Park MPUd Underlined text is added; Struck through text is deleted PURR-PL20190001494 March 16, 2020 34 47G. The 0.82-acres of retained ❑r 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. :1.71H. Lot 1 of City Gate Commerce Park - Phase Two Replat (PB 50 - PG 24), also known as the SFWMQ Big Cypress Field Station orformerly 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). 1_ 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 safes reached 8-feet or less in hei ht shall be collected from cle a ri ng areas and relocated into onsite preserves. Protected animals ecies observed on the pro Pertincluded one B ig Cyp ress fox s uirreI (BCFS). No BCFS nests were observed on theproperty. Prior to clearing activities, a BCFS survey will be conducted to search for BCFS and BCFS nests. If any nest structures are ❑bserved the a p pro priate permittin with FWC will be co pleted p rior to their removal. A Wildlife Habitat Management Plan in accordance with U.S. Fish & Wildlife Service IJSFWS and Florida Fish and Wildlife Conservation Commission FWCguidelines and recommendations for all listed species on -site will be submitted at the time of first development order. City Gate Commerce Park MPUO Underlined text Is added; Struck through text is deleted PUDR-PL20190001494 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 d rive. 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/iandfill 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 MPU❑ 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 ❑f 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 ❑f 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 ❑f the water and/or sewer facilities and priorto 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 9€R DEP permits forthe 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 EXHIBIT A-1 [PAGES 1-13 City Gate Commerce Park MPU❑ Underlined text is added; Struck through text is deleted PUDR-PL20190001494 March 16, 2020 40 " z ¢- w wwzw � V[7w u -- Irlaafl390d0lid __ d W W m W 2 � wO V] Q LLI L �7 I+ " Uag N � 1y� i _ _ I 1 ,y 1 I L.L tp i I ch W w W d Lo L. 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Flondm 34104 P: 239.434.6M DAVIDSON F.239.434.6us4 I -. .. [ELEDR�TINO CIE/Ri N. DOOW�R3 LEGEND PROPOSED PRESERVE PRESERVE CALCULATION SPORTS COMPLEX EXTENS PRESERVE REQUIRED: 15% OF EXISTING NATIVE VEGETATION 0.15 " 90.98 = 13.65 ACRES PRESERVE PROVIDED: 13.65 ACRES SPORTS COMPLEX EXTENSION PRESERVE PROVIDED PRESERVE AREA ACRES AREA #1 4.37 AREA #2 9.28 TOTAL 13.85 PRESERVE CALCULATION COLLIER rnI InITv Rng. PRESERVE REQUIRED: 15% OF EXISTING NATIVE VEGETATION 0.15' 129.46 = 19.42 ACRES PRESERVE PROVIDED: 19.42 ACRES "COLLIER COUNTY 305" ABUTTING COLLIER COUNTY OWNED PROPERTY PROPOSED PRESERVE PROVIDED PRESERVE AREA ACRES AREA #3 19.42 TOTAL 19.42 NOTE: PRESERVE AREAS ARE CONCEPTUALLY SHOWN AND WILL BE DETERMINED AT THE TIME OF SDP PERMITTING NOTE: SEE DEVIATION 425 NOTE: PRESERVES MAY BE USED TO SATISFY THE REVISIONS LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC 1. REV. PER CC RAI COMMENTS - 12/09/2019 VEGETATION REMOVAL IN ACCORDANCE WITH LDC SHEET NO SECTIONS 4.06.02 AND 4.06.05 E.I. 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Q F _ 0 Q uj o Z Q❑ a a s p o a F p en z fl ❑ 0 a Q w p U o m_ = w H a Sri LW LU LU 0 Sri ❑ 0- - fl Ln sn ❑LLJ Q Q ?r Q w w w s LLJJ ❑_ z _ Q�❑ ❑ 1 ❑ Z D � a V ❑ u x N � WLL m p LL v ❑ a F Ln p F � t O iJ Z Q ❑ U G CM p m w F Z" ❑ QLn Z Q Z ❑ w Q Lo r o 0. w L7 J Q LL D w J Q m F Z N w F = Q ❑ 0 cn a A N Z �,� cn Z a CL J p W l7 Z c0 F Z Q } 0 cc Q 0. J U W N Q ❑ LLFF w T F a 0 m ti w= N w=� Q ?LU tC c 0. LA u' } F cr Q ❑ a ❑ F F 0 ❑ w H a � N r LL LL G w �, Z LL a" 0. 0 = ~ LL ❑ b = m LL 1W w W LL; Z LL OF ULLJ ❑ a J d w a Q ❑ Z O Z Z z F F J cr F m N O a N J Q L Z LL W 0. w N ¢ d LJ Ze��zo� o Z rr z Q N Q ¢= F 4Z Line O Q3 w a. O Z w w J J 11 0 L7 W w O N 7 H W w J =� u � J a W W, 46 p Ln Q❑❑ u x U x w W O Ni, X� i < J N Z Z ❑ w ❑ N Q F Z Q Z N L;1 z F 2 m d J w F w F m F m F m a�`.n Q r• u L cn m xt Z W w m u w 'r ❑ m ❑ ❑ ❑ ❑ w Y? 2 Z N Q= 2 a O g z 0 w z Q w Z z Z z m 0 a ❑ > > W F ❑ v, uj ❑ 0. D ❑ O = = F - � G ❑ w � a m Z 0 Q Q Q Q Q LL Q m Q m w Q m _ _ _ _ = WZ`: ❑ u� CC w a sn d w z z U ] > p U F F Ln N N N cn n_ p.. a ❑ N Q = F 2 ❑ ❑ z LL O w ❑ w ❑❑ ❑ ❑ Ln w u w LL w co CO Imo; 48 J LLP a00. Z 0 Q F� i 0w in Q Z m 2 $ "a a. F W u ❑ ❑ a g¢ d LL UJ Y ❑ ❑ Z Ln Q ❑C ❑ a. Ln ❑ wp _ z L7u}W F. 6 d Q a W z ¢ N v1 ❑ w 0 N = C] a N U [mow') V) � Q i Ln LU N = W ❑ z Z Q w ❑ yyCl 7 Q N Q ¢ = a C, Z N Y � Q Q 0 z ❑ F ❑ ❑ a W O F Q:D U a z cI1 U Q Q a �+ ❑ O LU LL [C CC ❑ J 4 w LLI w Z ❑ W0. a ❑ u z LLi ❑ Z U LL cn ❑ ❑ ❑ U cn= Q s z ¢ w U a ¢ w°7 rW F F u LL m z W Z Q J LL F 2 LL O z u, m N w N Ci z U U Zn- 0 ¢ D H a p tz m x= N F o f m_ J ¢ N Q ❑ W ❑ LA ~C cc¢ ¢ J F W ra C V) LUN ❑ a' ❑ CO J QLu c Q F- cc ❑ w Ln u. 2 VI VIW Z z } Q. m Q F L=rs Q Q O Ln ❑Lu < z _ a LU F ❑_ Ln � 3 ❑ a o CW F a W x = W a z z LU x 0 D U D W u; z < �_ to W p p� 0 ❑ � a N w F c a � H CC w a Z Z N z < O ❑ LLLA W (D z tA s Z a g LA J ❑ cc m w Y J Y Z N F mLLJ LL. ° _j J~ }� uj z W� 0. G06 W W Ja. �' F x 0 ❑ o Ln ❑ ❑ cc LFt w Z 0 L.) QW m Z Q Zr Q❑ LP J U)W L d ...i w d z W ❑ w W U ❑ W LJ7 ❑ O OW ~ W cc a z Lm X Z O a. L7 Co W C F 0.' ❑ a Z z ❑ Ln W U Q ❑ JU W w n W ❑Go w vi Z a aJ Qa`W F LLP Z Q 7 u1 F-❑ LA v u m = N CL U Z Q i a QLL Q Ln Ln Q 0 LCaL CL ccLn 0 0- LL z❑(a a =aoC LA Z = ua LL w ❑ f-- _ �i a LLP U ❑ ¢ ¢ ❑ W ¢ l7 Z W i, w W 3 w ❑ LL W Q a a RL LL Ln H CL. ZCL �? w ¢ W 2 o 0 J 0 w wN tLl WpFO x ��zs' w C LL U L 2E ci�wo�g �p i7 N Q Z Z Lu V d z Q u kMgcg Q 'r-ly N w z Q [7 Z a r-I W 0 $ z W Z Z �D V d W Q d � a' Q a {A z ❑ LL Li Z ❑ °LA � �V)W� N LLI ❑ A n- F 0 LLJ ❑ `' W [7 Z J c 0 Q LU J _F_ W Ci N W Wn= r N ? L' LF ❑ [[ Q 0 ra u Z ❑ v, O m Ln a ¢ �[ ❑ �. J r - 49 SC L d d 4 ¢ F 2 a a u W 4 {1 N cr ❑ F p Z L=1'S V7 D C) <J Ln W � �} w G Z ¢7 J C7 W ❑ L47 p = H z ul ¢ L1 2 F z W m iu o r= m _ Ly � Ln 0 ¢ x tr z C7Ww LU Y [Y ❑ a ❑ (] ❑cr u] � a CC J w p = w U Ln ❑ a u � a U Z ¢ ¢ Q W L7 C ❑ a LLI lr Q 0. W ❑ J ~ H a ❑ W ❑ Z ¢ ZQ OfQ 3= Ln w m a s Q 0 z ❑ C7 rs u1 W 0. Ln LnT W JLLJ z Q cc Q J ¢ Z ¢ SJ z = d ¢ ¢ J a [11 Z ¢ = V w a «, ❑ ❑ Li_ w �Z Y 0 J < ~ LL LU V _ d U 4 � a CC I„ � z ❑ z W Q d-j Ln ❑ o z u w =¢ x o �' z Ln ¢ z ❑ u_ a U¢ = ¢d LLJ m l7 y a = w J a Ix ❑ Ur N 2 H- V) z a ¢ �+; LL ❑ z = Z � = z z Lu a L �a u U H w ❑ '_ Q w ¢ a U) ❑ W � ¢ Z Z [.9 cc Z LUJ w = ¢ p a J Q ¢ z a Ln w j a Ln p ¢ T cn a z Q m w < Q CY ❑ q Z_ Z ¢ a H LU LA_ z Ln W W U J a ❑ = W J Z kA O U LLJ� 7 U irl p U U a = 2 H 2 in z rN oa zn s 2 ❑ W 7❑_ Z O V) .n LLI > Z w n cl ❑ ❑ J W t] LU gW nQ a F a a W o Q = w z a z w o 0 J Q y7 Z J Q) a Q Z _ a w F- _ a w F= p H W ❑ Y U H w U Ln � LLJ m co z Y OLL z a ❑ Z 0 ❑ Z ~ ❑ H ¢ a w J Z a z O a Z ❑ Ca a m 3 ❑ :5 ❑ x H w ra z z a < v7 t Lu J a m rt W U �_ m (< m a m z a a w avi w 0 D U o Lij a i a LLI ! 0 LUwO aw ¢ 'iLL0 CD V � 4� w z ❑ z= U) z Q a Z ¢ U ❑J U 2 T ¢ U ❑_ H ❑ F W ❑_ of Q W ❑ ~ ❑ a w G u W Q G N w LUG T Zcc T H ¢ p z ❑ N ❑ LLU p LL a v� LU H � g 4 2 Z = H 0 w Q O Z Z o Lr z a LU w ❑ G z T J mOr GLLI U LL ❑ z LW W W J a J Y Y J Q H ❑ T z � o m Q¢ a a W� w sn ❑ � H J LL CSU-J ❑LLI LL ¢LLI W m H_ Z a Q J W Q W ❑ ❑ W VI Q W LL Z W LD J d L. ii J N z a z z 4J LL 2 w M V] cn W o o W = ¢J Ln ❑ LLI a T w a p W �. ¢ �"� ❑ V Y w Y Y T Y 2 U ¢LAJ LU W W ❑ U W Ln z Lon m LL I ,A ❑ W tA LU H H V'I = W T LU Ln ❑ 2 e N SJI _ 11 W U N 5 Y � ❑a a J vy ❑ ❑ H fA z r w a u z z z xk Z❑ w w 7 *e z u., w a a i W ❑ I +dam w = W �} Z ❑ Q W J p w cc w = ❑_ ❑ p ~ ❑ q Z_ L C7 [J a Y ~ Q W o M Q w w ~ a ❑ ❑ Ln v, ¢ it V7 Ln Wa , o Z '� Fw a 7 a a Q co w- t3_ V1 • • • a wO O u LLJ 10 oo n w0 d C7 a m C4 7 rSl Xv J Lcl Lcl 50 z ❑ z z g' : w` v 0 0 ¢❑ w�� ❑ ¢ N �n u� x S CC Z z > > o w¢� N ❑ w ❑ rL m m Zap w m Q Z = 0 y w = to p¢ w > Q ❑ a w Q ' ~ ~ Zi F- ca Fina l7 " a LL,❑ CL fl uLU Z w z Q Q p a w 0 0 0 0 s z C7 F Q Q Z � v j w Z I vat O � � Z O LLI L C ? N �2 z Ln z ¢ � m m w z w W i- Ln Q VI w V, y a d p wLL,m N N 0 w 0 o w CC Ln m ° o o¢ � a= d u 2 z Lj 0 o N F w LL w Q F- Vt F� Q w z G Ln 0 W z z Z o z w a F Lon a a F ❑ LL LLQ LL Q U w ¢ 0 z z w Z7 7 m �_ 0 2 J w w w ❑ _ LL w LU m F on w S N ❑ W ~ Q� 77 7 u_ = E W w m a Q CT ❑ Q -+ Z N w Z Q ❑ en a LL Vi Q 0 u z y , Q w N N F y 0 LI) � 0 W w w LL F ❑ u' Z W m r � H Q N a V) F m J ,x LL ❑ Q LL= Q � L7 z C7 w wU a w a J CLLLJ W F pC w w LLI�, _ U 2 Z 7 H a L CL kr' w w Q LU �; W ❑ z CLLLJ z Z U J u J Q LL W F LU S Z � w W 2i Zi m Wca LL Li CO Q l'J a 0 W CC F ¢ LL 0 z W m � a 0- 0 m 0 a LL CC J z 2 < a z 0 l.L i w 0= LL a s cr a ° F ¢ F ❑ S Z J u ❑ Z4 V Q' Cl w m Z �_% a F m LU F w� ❑ ❑ } _ w ❑ 0 ❑ r a cw LL 0 c~n W g t o W J d ttn C m �~I'Y z 0 VS w LL C d m C LnLLI m F W Q ❑ a w Q 0 0 0 W F m N LL Q W Lu CD ��./ W C� LD O S Z N t0 0 w Ln Z p x w J w ❑ Q Ct V, LO d d' V_3ot C F Z u = F Q p N U ¢ Le.! F S tC Q to 2 a ZO 3 D a Z 5_ 0 Q p w w w ❑ w w G UZ C C 1 T C D U 0= z w 4 w G r x w V H C, F o w L W w v, W w G a a ❑ °` Cl a a 0 n O w U flf.n 0 Q w w U ❑ wcr- m u D O N w F 0Leh L a 7 _ H w w ❑ LL Z C7 U- 2 C3 r Z w LL ur 2 F ❑ oG 0 LL w 0 ❑ r LL LL = w LL w 0 F LL w 0 F ° r 0 LL � � J m m a LLJ�= w W N 0 a cLLc Y F Y d o �q �gg Z y ]C uw ❑ F m OC LL Y W CL G 0 F W- LL W Z o E LL, 2 ❑ Z 1 N 3 G� ;� T cc w U m LL L. r z S n ~ ❑ y Z m C cn H p r F H: E Q a Q d N 3k 0 V,' a co r-I u z ~ cc: w 2 Z co zt 7t 7 ~ 7 zcc d z ❑ 0 Q W d Z m J Z m J 29 W L7 z 0 PZ w E to r v 0 H v V) w 0 Q V S y 0❑ F sn a v O p `n a a Z. LL D SG ¢ > 0 "' "' S y d Z Q w w F 0 v' 0 ,� a z ¢ a¢ J Z S ¢ % Q Z g 0. W o f a a 0 LLICf a ❑ a LL 0 x F ri Q g W 0 LL a w ❑ LL LL a: x co � �] L � ti ° r 51 y Z Qo Q 1 J a- z F Q Q +++ z F- 3 p = Z z w Z ❑ Zn Z `� Z Q 8 w0.a Q ❑ Q m ¢ J Q ~_ a wmE" W d ❑ d = W Q G x a z W F N Z) X w p 0 j Q w u j ❑ F 2Ln Z O �Z Z u 1.11 W r J J W w W LL W LL d ❑ Q LL Z m d d z a LL w Q LU "' O x ¢ a° O H L7 VI _ m N z= a w❑ C1 rZ ❑ ,� r z Z w ❑ a tA W F d n r a W Z z w W z w d g z 2 w �,; a ¢ LL Q z d � w a Q o o z a o ~ G r '} W a o_ a r a❑LLJ NLLJ a Q a w a_ w r LL ❑ J m , a a ❑ Ln b s "' Q a _ ❑ cr Ln ❑ z w LU F w Q x N F c w_" z a g J Q w 2 H a Q z �' z Lu o LL a ❑ x m a CC J w J ❑ ¢ } w Q z w ❑ Q O w rG Q G Clw 2 w W w LLJ 2 0I w O U = d x 0 w w Z z Q- W Z m g p x in J 0 ° Z a Q Lrj a w w U w u. w U m z x r! o $ w Q J fl J w _ `n F-O } a ii ❑ a m n p J ¢ +n m cn w W ❑ 2 LL Q c[ a o ❑ � vi a u O z (n A d z Q o F ¢ g Z LUz N ❑ Y Q O ❑ a g W g z W a to G W G ¢ r W r z c _ L6 O ❑ tJ ,; w L 7 H w Z N n a Q ct ❑ F LL Z J a Q ❑ a Q = Z ❑ 0 d w N ❑S I= d U v W ¢ d w ~ LLIJ W L W W Z [t ✓� QLL ULwex LLJ 0- Ln r LL �+ W w O� w O _a LL U Z� w 0 O Z w W wLL LLI❑ �_�c8gg !2N w ❑ O Q 4 cr1 uCD 4 Q Q N Ln ❑ d LL J Z w Q z w 0 w z0 D a nj Q n� a WLLJ ❑ 4 p u z❑ x o a nl in ❑ Z F-- rL Z) � ❑w Q Q {- Y w Z_ a ¢ ❑ u v w ,� Q uj �p 3 j u_ 2 N w a � F- 7 �. a 4 CC d a m w Q ❑ Z cW+ii 0 ] N Qa- s a.- 52 _ >-, q � &§f « � LL1 0-® E ± \ OL / R )Ez z � u o �2i k \ } § 2 ¢ b $ § ;k \k§ - e Q w u §| §& f E LU L � 0 D 3 R o Lu § CL k I e LU � CO coo 2 Uj > a z f § z � a LU 6 / = q LU cr � UJ I < � \ LU ƒ \ A s E § o z \ a- � k } § g $ / y w @ / LU M LU fz § r cc LL 0 ■ 2 ƒ o e < e q @ L co 2 2 2 \ \ \ z k fL § _ 0 § a q k Cr ■ < a § \ § § : o 2 2 0LAJ @ o � LLJ ix \ E \ § 3 � LU < < § w / /o = Z z / § � / % z CL / E CL § 7 LL \ § L.U\ § 0 7 7 / 2 k% � g. tn Z z � > $ Z z E 2 E o Z E w 0 g 6 t \ \ § � \ � S / _j k LL cc z LA� LU 2 k R\ LU R k a W- E LL Z �_ ac r 2 b_ z o § B 2 J Lw 0 $ � 0 ¢ u - 2 � 5 = LLf � R S 2 LU � 2� Ln 2 d < qWJ % 3 28|!| § o §± ± I 3 2 / ' ulLU Ln » cc 2 Z�§ ■ � \ \ |227/27 k 0 4A < LLJ / k oLU � k k E E R UJ 2 cc %wi § 7 E k k k § o u \$ > 2 4 �. > k>§¢ at � e LU e z � e � e ƒa = a a k al a '| 53 LL "gCL m v wwz ~ L7 ❑ z [7 W 0� z w T~ Q 3 F- w � ui a w ka Q= JQ N m O F W w LLI > 7C ❑ w Q ❑ z w ED LU VI w N z �w_ ❑ N m LU w Q U- w ❑ [.1 Z H Z zOf be ¢ m Ua� a s mi = z a ❑ Q a ❑ Ln z d¢ L7 z Lu Q. FLu z w ;< d LU z` W W LL, w d I p w z¢ 5 U �, c' LL w Q ,,; a z z g cr z Q z� o N ❑ ❑ N m m ❑ m ❑ w LL vo ❑ z F- w = H Q LU U Z LA = Q~ m LL d' vzi Z w w Lu m CU F- N mLLJ = a> Z a a W w ❑ u¢ Z F_-Ln O p oo a w cc LUw LL LLIZ � V LL ❑ ¢ Z Q S Q Q m Z u = w cn 2 N i LLI 3 d v w° x ¢ wF- x LU ¢ = x yt Z _ z 2 7 �_ Q OJ ~ w z❑ ❑ = CO 2 a ❑ a w w Q Q D a❑ ❑ w❑ LL ❑ a .� Q a cy Ln Q a a F- w w H Z¢ < owC LL UJ ❑ SJ m Q z LL ❑ 2 Q M. p Z z w F- ❑ t? m w Q O of 7 ❑ LU s d Q u Lcc wCC N w ,L; ❑ un v w z LL �- a I z N Q W r a z m le z z d LL A Lw FF � - ❑ ~ � ❑ J N m � ❑ ❑ .J CJ ¢ 7 w N 'i ❑ 25 c Q Q 7 q z r, a rn v m �_ vi a z w W v7 o w w wU r m cT -j N w q. a' Lf1 z J z F- z w z¢� ❑❑ z z= ❑ Z z¢ ❑ LL= p z ❑ Ca a C) s W ca z µw u w W 2 i w � H U w 00 LL LU x i� w❑ z F- w w u ❑ �, " m a z z ❑ ❑ FL U ❑ 0 z w y w fl 0 "' = v m W p_j w Q z r LL ~ m Z cu ❑ F- 7 LL L] LL O [7 CC LL w o. w z a w N w CL W d d o o w LL d❑ Ln U '; W a z ❑ Lu ' m❑ ❑ m [X a m Z uti w W w m❑or. ❑, cry LL ❑ ]C tu aLLJ ❑ m LL w a s Z W Y w❑ Q W F- a `� w '¢ Q w y w w F- m} &ry ds� M � F- y„ Cn O q � N W LL N w L) a fr7 C ❑ Z Q R�� M m N LL Z OC m F- ❑ C7 ryy N x a fr! w Y a z W LU a d z p 'r w m d z a❑❑ LL a Q z ❑ Q z ❑ w C°] z❑❑ (j ❑ H }_ 4 F- F- ry F= ❑ z z H z d -J L" Z'' LL p d = Q - Co¢ LU a Q U 3e Y Q 3e z m o. 4 O g a a~ d 3 �0� z �1 w ❑tea w a Q w aauF-J d❑ Q❑ a' �o ., ® ININ In 54 N ri W m �i y c a ! m N yy+ 4� a+ dl • a G�1 i0 d 0 0 a 0 0 p 0 0 O Cl C7 0 N 4-1 E Q O 0 0 4 0 p p C C fl Q 0 O s Q e rn Ln ry et �D C7 m N 0 0 p GO ;a m un a6 m ° ok ❑ I m iri L fll N -Q K7 Q r4 NO f'J H O m Ln N N D a � ru N LU 4 F+ N a d N Ln Q m `�° w a Ln m :•:� J n O .`-i � C _ Ll1 Ln re) V] N 1-1 M N ul M Lp � Y m LL OJ iI1 0i m m Cco,--1 LD V rnv Lo 00 rnv to 00 O n 0 0 N m w 71 —4 1D U) ry N N N R Z C GI > �o Ln N N n! N N E Q. w 7 G m .I 1-1 -4 Ln a rV N rl M N N C m-1 -4 i r+ ti m cv cn th Q C7 O ri .4 rl rl In i i cp 0J D d m m v Ln m cn us ''� Q� re — '3 cl y m CID u � w o 0 .L C1 E M N 0 ❑r-I ticU [0 N ❑ C C O U O w i i0 d9 N ❑ j v d .� C �^ C 7 [p •gyp v ❑ tp T d C CL .� tic O m= N N to L7 H U d ❑ C ❑ 2 N N ❑ Y= iv E C Ln 2 m a _❑ ++ t M ❑ •� Ql C C iv iv Vi ❑ fi7 OJ 7 N m0 ❑ N v 41 "❑ W :3 G7 C ❑ = C= m a ❑ ::; 4 0 CA -0 0 u ❑- a u 55 •—, c LL a ❑ o �E N ❑ +`°+ o 0 0 E d W O =V Q c m N N' 06 N N Q a m N Q m H_ a ^ 00 m n {i. E �2/ W /� VI W u m CL c n a m RomIm + ,, un m -4 in ri Y L fC as ea rn � w co Ln QN ni -1 r-f d 00 d d O m ++ N 71 r m ❑ a u � Mi a 7I ti N m {y a rl ❑ � a J Q=I ry r I ri fJ in d0 C fA H !Lry V �❑p T —f -4 U' C d rn d N N Ln c � a m _V N al a = = v ❑ 6 J � C M V ry — Lam] QJ Ci 7 V 61 v ❑ v v ❑ D � z � cr c m E Ln to ao m e-1 O F- a a a c m E Ln to ao m e-1 O F- a a a Note: Table 12.B.3 applies only to the Existi niz Ci Gate Commerce Park MPLID. The Sports Com plex 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 wi11 emerge during project buiIdout. (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": 12.8.3. 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 PUDR-PL20190001494 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 (51C 5611-5699) 4. Automotive Dealers (SIC 5511-5531, 5551-5599) S. 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 (S(C 4813 - 4841 including communication towers up to specified heights, subject to LDC Section 5.05.09) 10. Depository Institutions (SIC 6011-6099) 11. Direct Sellinp, Establishments (SIC 5963, limited to lice Cream Wagons -retail and Lunch Wag-o— mobile -retail only 4-1.12. Eating and Drinking Places (SIC 5812 and 5813, excluding bottle clubs) 4-7-.13. Education Plants and public schools, with an agreement with Collier County, as described in LDC section 5.05.14. 44714, Educational Services (SlC 8221-8299) 44,15. Engineering, Accounting, Research, Management, and Related Services (51C 8711-8748) 4-5716. Essential Services, subject to LDC Section 2.01.03. 4-6-.17. General Merchandise Stores (SIC 5331 and 5399) 4-7-.18. Facilities with Fuel Pumps (5541) 4$19. Health Services (SIC 8011-8099) 4.9-.29. Home Furniture, Furnishings, and Equipment Stores (SIC 5712-5736) 2-9-21. Hotels, Rooming Houses, Camps, and Other Lodging Places (SIC 7011, 7021 and 7041) 24:22. Insurance Agents, Brokers, And Service (SIC 6311-6399, 6411) 22423. Justice, Public Order, And Safety (SIC 9222, 9224 and 9229) 23-24. 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-&27. Miscellaneous Retail (SIC 5912-5963, 5992-5999) City Gate Commerce Park MPU❑ PUDR-PL20190001494 March 16, 2020 58 Underlined text is added; Struck through text is deleted 24-28. Motion Picture Theaters (SIC 7832) 4,9-.29. Motor Freight Transportation and Warehousing (SIC 4225, mini- and self -storage warehousing only) 2-9-30. Museums and Art Galleries (SIC 8412) 39-.31. Non -depository Credit Institutions (SIC 6111-6163) 3432. Personal Services (SIC 7211,7212, 7215-7217, 7219-7299, except barber and beauty schools) 3 —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) 35-36. Social Services (SIC 8322-8399, except homeless shelters and soup kitchens) 3&37. Taxicabs (SIC 4121) -3-7L-.38. Transportation Services (SIC 4724, 4725 and 4729) -3&39. United States Postal Service (5IC 4311, except major distribution centers) 39.40. Any other use which is comparable and/or compatible in nature with the foregoing fist 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 17 11 — 1799). 12. Depository Institutions (SIC 6011— 6099). 13. Direct -Selling Establishments SIC 5963 limited to Ice Cream Wagons -retail and Lunch WaFzons, mobile -retail only) City Gate Commerce Park MPU❑ 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. 41516. Educational Services (SIC 82 11 - 8299). 4&17. Engineering, Accounting, Research, Management, and Related Services (SIC 8711- 8748). 4�18. Essential Services, subject to LDC Section 2.01.03. 48:19. Fabricated Metal Products, Except Machinery and Transportation Equipment (SIC 3411-3479, 3491-3499). 49`20. Facilities with Fuel Pumps (SIC 5541 limited to one). 2-0-.21. Food and Kindred Products (SIC 2022 - 2099). 2-1-.22. Food Stores (SIC 5411-5499 with 12,500 square feet or less of gross floor area in the principal structure). 2-2-.23. Fuel Oil Dealers (5983). 2-3-24. Furniture and Fixtures (SIC 2511-2599). 24.25. General Merchandise Stores (SIC 5331 and 5399 atl with 15,000 square feet or less of gross floor area in the principal structure). 2-5-26. Group care facilities (category I and il, 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&27. Health Services (SIC 8011-8099 except drug addiction and alcoholism services J hospitals). 24-r28. Heavy Construction (SIC 1611-1629). 21-9,29. 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). 39:31. Industrial and Commercial Machinery and Computer Equipment (SIC 3511-3599). 34.32. Insurance Agents, Brokers, and Service (SIC 6411). 42-.33. Insurance Carriers (SIC 6311-6399). 33-34. Leather and Leather Products (SIC 3131-3199). 3435. Legal Services (SIC 8111). 3-536. Local and Suburban Transit and Interurban Highway Passenger Transportation (SIC4111-4173) 34-37. Lumber and Wood Products (SIC 2426, 2431-2499). 34-38. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks (SIC 3812-3873). 39-39. Membership Organizations (SIC 8611-8631, 8641, 8651, 8699), 33-40. Miscellaneous Manufacturing Industries (SIC 3911-3999). 4941. 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. 44:47. 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}, 44-45. Museums (SIC 8412 limited to not for profit organizations). 45:46. Non -depository Credit Institutions (SIC 6111-6163). 4&.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) sha€€ 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. 47:48. 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). 5 51. Rubber and Miscellaneous Plastics Products (SIC 3021, 3052, 3053). 54 52. Security and Commodity Brokers, Dealers, Exchanges, and Services (SIC 6211- 6289). 5-2-53. Stone, Clay, Glass, and Concrete Products (SIC 3221, 3231, 3251- 3273, 3275, 3281). 5X54. Textile Mill Products (SIC 2211- 2221, 2241- 2259, 2273 - 2289, 2297, 2298). &4 55. Transportation Equipment (SIC 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). & 5%- Transportation Services (SIC 4724 - 4 78 3, 4789 except stockyards). &G.57. United States Postal Service (SIC 4311). 5�58. Wholesale Trade - Durable Goads (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). W.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). �66 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 P U D 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 MPU❑ 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 I. 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, subiect to LDC Section 2.01.03 4, Direct Selling Establishments SIC 5963 limited to Ice Cream Wagons -retail and Lunch Wagons, mobile -retail onlvl 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. ludo instruction v. Karate instruction w. Lifeguard service City Gate Commerce Park M P U D PU DR-PL20190001494 March 16, 2020 62 Underlined text is added; Struck through text is deleted 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 ii. 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). 1 Art, such as sculptures City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 63 Underlined text is added: Struck through text is deleted EXHIBIT A-4(PAGE IOF2) z - # K 2 E ) ( U k k \ N 0 b / § b b {j q$q == Q 2 M q E a:LLJ u 2& < e<< °� E ®z 2 \FI �/ 2 L O x O §S 0 )� } b§§ §\ e= \ ± c w k g 2§ �\ § ��\� 0 < 2 7 \� C) \ w� D 0 } O E �� % za_ )� U)< ± �E0EECh w = Crl § \) k§LLjLUZ o �§ ww_ �U 81 /h )w CL \\ RR0CLgo ƒ9 \ C) . 9 to& 9 . ; ■ 0 R 3\ m \$ § i o< ( < % = • r (ƒ } k� 0 z < �z /° / b I§ al! a§ o b ; K$ i— a.er . LU/Z 0$� �u �mLL ' §-i§ J s \§w ' �uE ) S (n § § ) ƒ ze oo 0 o� LL 0 \n §\ ]� Uc� \ E d j /§� �i ( �/ o U) �/� §) co (( ; A/� L \fuj @ ° a.(\ LU < ° ®\\ , \\\ I ) m / � � o !•|§| \/} 0 2ƒ )| ) 2 � \ 7 k s§ �� o \ �� la $ _ ± WV) Ln j ` � k} � 64 EXHIBIT A-4(PAGE 2 OF 2) �f d U « � = 0 mw } � u- d3§%§ ��b ! x O \}o I UJ S q E O UJ \LL D\/\j)W>J§ Lu � mz=<a /\Q/ D,0, }§ �\ 2 \\V)a(Ek�A2 k} ESas 2§§ §i °C) a. )��)j/Z))\ m® 9±�= 2/\LL0C /Y <a<$w2)j§ � � / r r } LJLu \ 0k g o a— / [ / _m I I C6 § m § § 2 i U- )) k� I E ) / mm �� 2�§ 5 2(� i R§� � , o2q { / (\ \�§ � i / . §3 ea. < § § 7 ©-- ! _ /±S = ' §z) 2 °°m § roe \ y § -j b 2!||| o � z § \ ° ))!!.| %j% \\ \ Cc ® §! . } \j k W§ Iwz, ; q o ) o f 65 EXHIBIT A-5(PAGE 1 OF 2 66 EXHIBIT A-5 (PAGE 2 OF 2) p ❑ Z Z c? p a yW0 � � N 2 � Q �wap� Q N Z � �•QHaN o ��nwrp pU Qwg� . , " d U Wm _� = W X z W o C7 ly LL1a J a w LU L N LU ~ J Z � � ❑0 rQQ ¢w J ~ ¢ Cf) U 2 00 0 C3 U) i c9 r w N h o a a 67 EXHIBIT A-6 (PAGE I OF 29) CITY GATE "REQUIRED YARD" PLAN I. OBJECTIVE, PURPOSE, LOCATION AND AMOUNT OF NATIVE VEGETATION RETENTION: 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 1 retention, applicable setbacks and buffers thereto, and all other regulations relating to native vegetation to be preserved on the DRI Property. 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 ❑f 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 1 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 l 5% of the existing Native Vegetation in Phase Two, less a credit of 1.69 acres as provided V I I (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 #20I0-42, adopted on November 9, 2010. The PUD was again amended by Ordinance #2018-I3, adopted on March 27, 2018. The PUD was again amended by Ordinance . adol2ted 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-G (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 lobala) and Grapevine (Muscadine rolarr dffi lia). LAKEIRECREATIONAL AREA does not have a yard requirement. Within the Lake 1 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 retentionlpreservation goal/requirement. Lots abutting the Lake and Recreational Tract Jract 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 seekinp, 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 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; ❑O 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 ❑RI 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 DR1. PHASE THREE: _means the phase of CITY GATE depicted as Phase Three on Exhibit A-6, Pages 24-�g26-29 of2S29 of this document and for which construction plans and plat submittals have been approved and recorded in Plat Book_ b3� Pales 84-90 and Plat Book 65 Pages 95-97. inclusive of the Public Records of Collier County Florida. "SPLIT" PERIMETER LANDSCAPE BUFFER: means the landscape buffer along the north property line cast 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 } Lot, the Shorts 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 1#ejeeLot is jointly planned with a portion of the contiguous County owned property. along the eastern boundary, the following location ofthe native vegetation alterriatives or combinations thereof shall apply: A. Within the Required Yards of the Sports Complex IFejeea 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 rneet 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-5 (PAGE 4 OF 29) D. Up to 50% of the required native vegetation for the Sports Complex Pr-oj e 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 P U D deviation found in Section 11— 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. W ithin 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. ?. 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 far 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 defeted PUDR-PL20190001494 March 16, 2020 71 EXHIBIT A-5 (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 BUILDINGISITE IMPROVEMENTS: 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: l . 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 MPU❑ Underlined text is added; Struck through text is deleted PUDR-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 28 26 of 29. The Phase One Native Vegetation has been approved with ICP-Pi.20180002853. 3. PROTECTION DURING SITE DEVELOPMENT 1 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 MPUU Underlined text is added; Struck through text is deleted PU aR-Pi20190001494 March 16, 2020 73 EXHIBIT A-6 (PAGE 7 OF 29) V. REPLACEMENT STANDARDS: 1fNative 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. I -lie 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, l 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 s❑ 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 dumber 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 anytime 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 PU ❑R-P L20190001494 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; aM 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. l . All principal structures shall have no setback from the boundary of any Required Yard. Parking lots and site alterations associated with parking lots shall have no setback from Required Yards. (DO 88-93, Section 111. 3.3.C) C. GENERAL MAINTENANCE. l . Trees, including sabal palm, may be pruned of dead or dying brancheslfronds. 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 vroiect 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 MPU❑ Underlined text is added; Struck through text is deleted PUDR-PL20190001494 March 16, 2020 75 EXHIBIT A-6 (PAGE 9 OF 29) lien and/or tax assessment, and to secure compliance ofthis 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 dernise 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 rep [at thereof and the Canal Easement for the Main Golden Gate Canal: I. 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: [n any calculation to determine whether the amount of Native Vegetation retained in Required Yards on Lots ill the plat of 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 agret:s 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. B3 FPL EASEMENT LOTS: Those Lots adjacent to the 170" wide Florida Power & Light casement. City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted PUDR-PL20190001494 March 16, 2020 76 EXHIBIT A-G (PAGE 10 OF 29) 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 MPUU Underlined text Is added; Struck through text is deleted PUDR-PL20190001494 March 16, 2020 77 EXHIBIT A-6(PAGE II OF 29) z m 7 « \2 CO q z >ae — �\ j \J� §/ T- LL ) ® /= e zE$ wP O w _ ± _) « _�= q U ° °° X� x °z� o) 0 ± k Z\ 0\ / 5z<0w Q 2 ?/ \ w §� 4 x n o U» (D± §k �N e II§�wo `® CLi zto m3u®g§%£§y§ ~� « k� �z R/LLZnfo /f§ � d§ §\ ooae7CD 2z m= \} ; 2\ acw . . / §� jk In m / ( $ j _ °y ƒ §w zI iZ , u @u IL_ i \ aE \j } Q( r— §§� �Ek �_ (mm r 0 LL§� e ! 99& EU- \} w ) � ) S � \ f W m j / ƒ LL \ §ze i0 + »=o §]j 00 �w e = « }} `° 0-§ 0 §k\ o� 06U r r �)� (§ 1 (1) 1 C CL 0W2 (\ A % « ° ° �c± \/§ zen § } 2 o L Z )Lli k \ §jr ( k d � ^ L± Z ! LIJO! a.Z ° v EXHIBIT A (EXHIBIT A.4 WITHIN P U ❑) PAGE I OF 2 78 EXHIBIT A.6(PAGE 12 OF 29) w 7 O §U7U_ui ± =oo�_," w - q /kZ � k 0 5�§<z f q � q =±a Eow p ±LU §§ƒ�00 LU D g \ o=e��[ < IL Q 0=, W, q a- k)§$�§§ J¥ amwwS=z .w [If y¥§05 {/matt}§ §}\\}}�/ <k<3&a2� b � \ } W< jq / �w - u° � R / § � u � In � (\� Em. § i � w \ ) § j ( § k A j` ; LL @ ' 2 a § I co 00 M� ; $ ¢ A ;° M© —� �� )\N gym. 0 ± n� �� o = g 2 N m E E \ \ / ! ( } §! --- ] w « # § IN ~ i °� --� M ) a z -�\ 0 —V [ ® �2� § U) 0 z w oJ§]`§ z 9 0 Q / = \ § \ 2 \ i wj § 7� § \ w z ) � EXHIBIT A (EXHIBIT A.4 WITHIN P U ❑) PAGE 2 OF 2 79 EXHIBIT A-6 (PAGE 13 ❑F 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". ❑, 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 ❑f 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 dve 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 ❑f the site in perpetuity. This maintenance plan shall be implemented on a yearly basis. City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 80 EXHIBIT A-6 (PAGE 14 OF 29) EXMBIT C EXHIBIT C (PAGE 1 OF Z) NATIVE VEGETATION REPLACEMENT PLAN u111;z2l=1 Tree requirements are provided for in Required Yard flan, page 7 ❑f?$29. An example of tree replacement would be removal of one (1) 8-inch DBI-I pine tree may be replaced by four (4) 2-inch DRI-I pine trees or any combination of pine trees that total the removed DBH. Replacement Shrubs within Required Yard Easements: The shrub layer is proposed for planting on 2W 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 l 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 l or better. FLUCFCS 411 & FLLICFCS 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 Ccrllicarpa Americana beautyberry Serenoa repens saw palmetto XL vrfca cer{fera M}-rsine,floridana Ilex glabra Rhus colmllirnum wax myrtle myrsine gallberrylinkberry winged sumac FLUC1~CS 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 Callicrrrpa Americana beautyberry Serenoa repens saw palmetto Zamia pumila coontie Ilex glabra gallberrylinkberry RhUN copallir►UM winged sumac City Gate Commerce Park MPUQ PUDR-PL20190001494 Bi March 16, 2020 EXHIBIT A-6 (PAGE 15 OF 29) EXHIBIT C EXHIBIT C (PAGE 2 OF 2) NATIVE VEGETATION REPLACEMENT PLAN (CONTINUER) 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 a]I standards for restoration and will be a minimum of bare root in size, graded Florida dumber I 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 Lialri.r gracidis blazing star Panicum virgialum Saccharum giganleun? Spartina bakeri Tripsacum dacly,Ioides Piloblephis rigida Aristida spp switchgrass giant plumegrass sand cordgrass Fakahatchee grass Florida pennyroyal 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 C'oreopsi.s spp. Tickseed Lialris gracilis blazing star Panic -rem virgialum switchgrass Piloblephis rigida Florida pennyroyal Arislida 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 l or better. 4. This plan maybe 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. City Gate Commerce Park MPUD PURR-PL20190001494 $� March 16, 2020 V- �-V 2 T N w m W W < � W ¢ w (A Z EXHIBIT A-6 (PAGE 16 OF 29) EXH I BIT D (PAGE 1 OF 10) 0 NN"�R7 UU UUUVU ¢K¢Y¢ UUUU p a W4 z 3! Oa 4 83 lei 0 C) x W 0 QL E a 0 •(40 • . . 4 ' , EXHIBIT,A=fi IPAC?E'17 QF 29) EXHIBIT D (PAGE.2-OF 10) { . ' r ' . 1 L 00 iLLLF 84 . O C) u 4 a O 0- E O C) W Q Z W J r0 V T- N CY) BIT A-G (PAGE 18 OF 29) EXHIBIT D (PAGE 3 OF 10) r N co 85 U) 0 Q EXHIBIT A-6 (PAGE 19 OF 29) !� EXHIBIT D (PAGE 4 OF 10) -Z'n- U U U U U U U U N � of �i �o +� �i - •` ¢ N 3 r` ][ U O a Ilk V1 WZ k n Zcn �L z U] w L-Li lu ` `�1 CL y W� �11"w�� sZ3 � q CL Q � J A-i C o m posit �Exh_ibit- D. -(Conti )..EExi 1011 v (PACE 5 Or J:Q • . ...... 41.1._ ................ ......••. --------------- PROPOSED 4 1, 100 SO FT BUILDING -0 PROPOSED 4r,rX SQ FT BUILDING - - I � t i _ +r • -j I . . . . . •1. - . _ _ . . . j 87 4��-H-E4--- r EXHIBIT A-5 (PAGE 22 OF 29) LU z s W W w < w a w a � 2 Q- 0 7 P P Li] QL z � 4 x � 0 w � 0 89 EXHIBIT D (PAGE 7 OF 10) VO k `` UU eGUCU ea v N . r tXfilI;[T •A--6 (PAC;E• 2'3.OF• 19) . .:.:.:.:.:.:.:.:.:. ........... ' Co. ' r . h LU 770 'o �z . . . . . . . . . . . . . . . . . , . .. r. . Ctil. . . . so r C\1 co C] w x W v .U) 0 0- E 0 U -• � '�� il�` ►. F, fY•' -` ;der - r.•. �,1�[".. 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W u a m LL 0 J U n F Qg�N u > > w > >a.m �ga zo'a Cw7lCL W I- t w CR N 95 EXH1BIT A-b PAGE 29 OF 29 n Si01 NOI1V1393A 3ALLVN 3MrH1 CI NV OMl 3S IIHd W Da7i• S1 i33311 km" Got oil II _ • -- Q.,+,�;, 1M3waoUMC alwDA23 j ❑ldW Na'ad 30a3%WO7 31d`.] Ally { �v 4 wad x z z w wy C-1 =LU w zm O= Q w ww _�� j a a z 2 96 4�r� a PLORIDA DEPARTMENT 0 STATE RON DESANTIS Governor March 25, 2020 Ms. Martha Vergara, BMR & VAB Senior Deputy Clerk 11 Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Vergara: LAUREL M.LEE Secretary of State 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.A.us ORDINANCE NO. 18 - 13 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, TO REVISE THE LEGAL DESCRIPTION AND CORRECT THE ACREAGE OF THE MPUD; TO UPDATE THE MASTER DEVELOPMENT PLAN INCLUDING DESIGNATING A LAKEIRECREATIONAL AREA, ADDING EXTERNAL ACCESS POINTS ALONG THE EASTERN MPUD BOUNDARY AND ADDING THE COLLIER COUNTY SPORTS COMPLEX; TO PROVIDE CONVERSIONS TO ALLOW ADDITIONAL HOTEL AND MOTEL UNITS AND THE DEVELOPMENT OF THE COLLIER COUNTY SPORTS COMPLEX, WITHOUT INCREASING THE OVERALL ORIGINALLY APPROVED BUILDOUT TRAFFIC; TO PROVIDE DEVIATIONS FOR SIGNAGE, FLAGPOLES, PARKING AREAS, LANDSCAPE AREAS AND BUFFERS, ARCHITECTURAL REVIEW STANDARDS, NATIVE VEGETATION AND WATER MANAGEMENT; TO CLARIFY PERMITTED USES AND ADD DEVELOPMENT STANDARDS FOR THE SPORTS COMPLEX, INCLUDING BUILDING HEIGHTS; TO UPDATE BUILDING HEIGHTS ELSEWHERE IN THE MPUD; TO REMOVE OUTDATED COMMITMENTS; TO ADD EXHIBITS INCLUDING EXHIBIT A-3 PERMITTED USES BY SIC CODES, EXHIBIT A-4 CROSS SECTIONS -NORTH BUFFER, EXHIBIT A-5 SIGN DEVIATION EXHIBIT, AND EXHIBIT A-6 REQUIRED YARD PLAN; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 291.55 ACRES IS LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF I-75 AND COLLIER BOULEVARD (CR 951) IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY, FLORIDA. [PL201700023301 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 [17-CPs-0171211402882/11 328 Underlined text is added; S4ueh4hreuo text is deleted. City Crate PUDA-PL20170002330 3/27/18 Page 1 of 3 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 WHEREAS, 850 NWN, LLC, a Florida limited liability company, and CG It, LLC, a Florida limited liability company, (collectively "Petitioner") owns the PUD property east of the FPI. Easement; and WHEREAS; Roger B. Rice, of Roger B. Rice, P.A., and Frederick Hood AICP 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 March 1, 2018; and WHEREAS, the Petitioner and the Board of County Commissioners desire to amend the Iall 03 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 Planned Unit Development Document in Ordinance Number 88-93, as amended, is hereby amended and superseded by Exhibit A attached hereto and incorporated by reference herein. 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 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. [17-CPS-01712/140288211 ] 328 Underlined text is added; StFu,. sh text is deleted. ON Gate PUDA-PL20170002330 3/27/18 Page 2 of 3 SECTION THREE: EFFECTIVE BATE. 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, this J day of fYI u r r- h 12018. ATTEST: DWIGHT E. BROCK, CLERK y� By: Aftest 85 `10 e uty Clerk signatuce0nlY: -4;4 Approved as to form and legality: eidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A — PUD Document BOARD OF C T' COLLIER 9OUVY. M ANDY SOLIS, Chairman TONERS This Drdinon(.e ejrr tary of tub's day ❑f �--,_4�d�._ and ocknowledgemen f tt _-A filina retreived tlgi�s� deY tl7-CPS-01712/1402882/11 328 Underlined text is added; ugh text is deleted. _ City Gate PUDA-PL20170002330 JL 3127118 Page 3 of 3 ' GIT�r CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT DOCUMENT Prepared by �eess.� •.. Josh Fruth Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Roper B. Rice Es P.A. 9010 Strada Steil Court Suite 207 Naples, FL 34109 Date Filed: 4-16-87 Date Approved by CCPC: Date Approved by BCC12 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 City Gate Commerce Park MPU❑ PUDA-PL20170002330 Underlined text is added; Struck t48 gh text is deleted March 27, 2018 t 101Q* I PAGE 1. PROPERTY OWNERSHIP AND DESCRIPTION 1 -- 338 11, PROJECT DEVELOPMENT :7 14 9 - 23 III. PROJECT DEVELOPMENT REGULATIONS 15 23 24 - 31 iv. PROJECT ENVIRONMENTAL REQUIREMENTS 2.4--24 32 - 34 V. TRAFFIC AND ENGINEERING REQUIREMENTS 28--2935-36 VI. UTILITIES REQUIREMENTS 30-40 37 - 43 ATTAC H M E NTS : EXHIBIT A-1 MASTER DEVELOPMENT PLAN EXHIBIT A-2 TABLE 12.B.3 EXHIBIT A-3 PERMITTER USES — SIC CODES EXHIBIT A-4 CROSS SECTIONS -NORTH BUFFER EXHIBIT A-5 SIGN DEVIATION EXHIBIT EXHIBIT A-6 RE UiRE❑ YARD PLAN City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; 5*p• -'� text is deleted March 27, 2018 2 SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1. PURP05E The purpose of this Section is to set forth the location and ownership of the property, and t❑ describe the existing conditions of the property t❑ be developed under the project name of: 0TYGATE CITY GATE COMMERCE PARK. 1.2. LEGAL DESCRIPTION The subject property is M7 I P 291.55 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 Successa City Gate Commerce Park MPUD PUDA-PL20170002330 March 27, 2018 3 Underlined text is added, StFUG", thF gh text is deleted 9/39r4L �w NSON ENGINEERING INC. Sheet 1 of 2 LEGAL DESCRIPTION �s- STATE RQAU) PIC), 93 75) SHEET 8 OF 10; THENCE.A.1-0-ING SAID CENTERILINE TWE PROPOSED ACC" (1 SAID POINT ALSO WRI ON THE CEINTEPUNE Ql� THE P QP9SEP AgICESS ROAD T9 THP WATER CANAL, •LA T ■■.IC a. ■ .. ■ ■ 0 9TW ■■• ■ QP SAID ACCIESS •a. ■ RIGHT TO IIII s w• •• ■EAST,r ■ . . . w ■ ■ ■ • ■ I LA • 115 a ■ a ■ , ■ A UV I r0_Q_L)OF WAY . ■ . r REGQRPS BOOK 681, PAGE 1210, COLLIER RECORPS; THENCE ALONG SAI-D 1.41ESTER.II-Y • • a ■ ■ ■ ■ ■ 1,11• ■N R*!; THENCE CQNJ:lPAdll1j'i■ ■ . &A,11D ■ •RIGHT QP WAY SOUTH■ ■ a A 4"X4" CONCRFTE w. ■ . ■. ■ ■ ■ HT i. W ■ V S w _ ■■ RIGHTI■ a ■ ■ ■ .. IRON R99)MARKINGTHE INTERSPIQ—TIONG; ■ ■ • a a ■ ■ • - - ■ . ■ - HAIL,■ a• QUARTER a ■. 95, TgWAISHIP 49 SOUTH,RANGIE 26 EAST,r w ■ ILL ■, . ■ IRMLIM _11 a i ■ _a a. w a. __ w _ w . • ■ a. r •. a. ■ and■ . ■ ■� �, ■ City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; r« �rz'�thpeuoh text is deleted March 27, 2018 e ., ■ 4XIMNglkllWAILIWdMi ■ ■ ■ • ■ ■ 1 ■11 wAvorell1 1 ■ - _ • ■ ■ ■ ■ ■ ■ . ■ _ ■ _ L • • _ ■ MW ■ _ _ s ■ + 1 ■ ■iiwmim -Im L IN ■ ■ w • • ■ ■a ■ ■. ■ ■ • I . ! ■ 1 1 ■ ■ ! i ■ ■ _ ■ 1 ■ • L • • • 1 1 ■ • ■ ■ • l ■ � ■ 1 1 1 ■ a r 1■ ■ a ■ ■ 1 ■ ■ 1 • • • L I _ • ■ i 1 ■ ■ ■ ■ 1 ■ ■ ■ ■ ■ 1 City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck th eugh text is deleted March 27. 2018 t 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 112 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 23014'57" 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`4625" WEST A DISTANCE OF 750.60 FEET; THENCE NORTH 04021'08" WEST A D15TANCE OF 294.22 FEET TO AN INTERSECTION WITH PROPOSED ACCESS ROAD NO. 1 A5 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 1066.70 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 FIE ET; 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 FEETTO THE NORTHEASTCORNER OF SAID SECTION 35; THENCE SOUTH 00'30'14" EAST ALONG THE FAST 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 NORTHEASTCORNER OF LOT 18 WHITE LAKE CORPORATE PARK PHASETHREEi THENCE SOUTH 89°00'01" WESTALONG THE SOUTH LINE OF THE NORTH 1 2 OF SECTION 35 A DISTANCE OF 4,910.20 FEETTO THE POINT OF BEGINNING. PROPERTY CONTAIN5 12,699,846 5 UARE FEET OR 291.55 ACRES MORE OR LESS. City Gate Commerce Park MPU❑ PUDA-PL20170002330 Underlined text is added; Struck �c� h text is deleted March 27, 2018 IIA�CIa01a: WINrI:"I1IIN129IQ01go]al 219]3:1:1to-A 0111 A. The 287 '�ere 291.55-acre tract Iles in the Northeast quadrant of the 1-751 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. 1.5. 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 are limited to about 28.5 acres, most of which has been previously subjected to extended periods of over drainage and exotic 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 Crtygate 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. 1.6. 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 Citygate 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 Eire City Gate project is Policy "D" of Objective 3: City Gate Commerce Park MPUD PUDA-PL20170002330 March 27, 2018 7 Underlined text is added; StFU IE thFO gh text is deleted 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 foIIowingfacto rs: 1. The Qtygate 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 2018 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 PUPA-PL20170002330 Underlined text is added; StFUEI(thFG gh text is deleted March 27, 2018 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. Qtygate 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 e +e ipteFstate tF 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. it 05 .beep,. d that same e f the City ate land uses ..ill be linked with ed Eatienal Qtygate 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] aooroval. City Gate Commerce Park M PU D PUDA-PL20170002330 Underlined text is added; Struck text is deleted March 27, 2018 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. D. "SPORTS COMPLEX PROJECT" — References herein to the "Sports Complex Project" shall mean the Sports Complex Lot and any abutting property within the City Gate Commerce Park MPUO which is owned and/or leased by Collier County, as a unified Ian 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 i-s 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 L-1 t 23.16 Lake and Recreational Tract -3-5± 13.84 F. P. & L. Easement 44± 10.00 Sports Complex Lot + 61.00 i±2.50-acres Building sites (Includes weds. 54 n-R*urn � 289-± 183.55 (±2.50-acres) Tota 1 2-9-7 ± 291.55 Project Development, PPLs and SDPs, shall conform to the approved Master Development Plan in all material respects. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Stru ck thr gh text is deleted March 27, 2018 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. Development intensity permitted within Comte City Gate Commerce Park shall be limited to the amount of building development, n ....beF c plsyees, aF4d ^ Whiz of .,along spaees set forth in Table 12.B.3., as Exhibit A-2, reproduced from the Citygte 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-B.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 12.6.3. may not be exceeded. The MPLID's total 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 MPU D'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 SIDPSDPA or Subdivision Plat ap naval. B. HOTEL AND MOTEL The proposed hotel and motel rooms in Section 2.4.A may be increased to a maximum of 950 rooms. subiect to the traffic cao in Section 2.4.A. City Gate Commerce Park M P U D PUDA-PL20170002330 Underlined text is added; S'FwEk t4owgh text is deleted March 27, 2018 t 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 PUiD 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 Seetme^,Q5 Chapter 10 of the Collier r,...n:,. Z.,.,;Hg gFeli.,..see 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 admitie-.R to the lisled^^^^p�^� ^{ Seraie^ 19.5 GhapteF 19 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. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck gh text is deleted March 27, 2018 12 C. RECORD PLAT APPROVAL REQUIREMENTS Prior to recording the record plat, final plans of the required improvements shall be approved by the Pianning/2oning 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. 2.5, EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS The following requirements shall be waived or modified: A. Article X, Section 16: Sidewalks shall be required as chews es the approved UR'#,._ reEenstFucted a5 eq++red-by @HQ on at least one side of all internal project streets. B. 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. Street pavement painting, striping, and reflective edging requirements shall be waived. C. Article A Section 10: The requirement to install monuments in a typical water valve cover shall be waived if all monuments are installed in accord with state standards and in a manner approved by the County Engineer. D. 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 MPU❑ PUDA-PL20170002330 Underlined text is added; St.,,^ hFeug� text is deleted March 27, 2018 13 2.7. DEVIATIONS TO COUNTY LDC REGULATIONS See Exhibit A-5 Sign Deviation and Exhibit A- 1 Master Development Plan, page 2 of 6) (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 supermaiority vote of the Board of Collier County Commissioners.) See also Section II — Paragraph 2.2.D. above. 1. INTENTIONALLY OMITTED 2. INTENTIONALLY OMITTED DIRECTORY SIGN — MPUD (PLATTED LOT 7, PHASE ONE) 3. Deviation #3 seeks relief from LDC Section 5.06.04 FA "On -Premise Signs," which requires for s i ng le-occu panc or multi le-occu panc lots h av i np, fronts a 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 orground sign; and requires a minimum separation of 1,000-feet as measured along the street frontage, and all setback requirements are met, to instearl 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; and a minimum separation of 100-feet from any on -site monument signs. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; 54blG' g : text is deleted March 27, 2018 14 FLAGS AND FLAGPOLES — SPORTS COMPLEX PROJECT (ON -SITE) 4. Deviation #4 seeks relief from LDC Section 5.06.04 F.8.a "Fla s and F I ag Poles " which rectuires that a flagpole shall not exceed 50 feet in height from the finished grade, nor extend more than 20 feet from anv 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; 1 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 subiect to the 100-foot minimum separation; and dl The actual height of future structures on the Sports Corn plex Project shall be ectual 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. S. Deviation #5 seeks relief frorn LDC Section 5.06.04 F.8.b "Fla s and F I ag 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 roadprovided that there is a minimum 300-foot separation between entrances to instead allow six 5 flagpoles at each entrance within the Sports Complex Project. The three flagpoles that are clustered are not subject to the 100-foot minimum ration in Deviation #4. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Strue'� text is deleted March 27, 2018 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 MPU❑ 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 sin is displayed: to instead allow combined off -premises and on -premises directional signs, for the MPUD and the Sports Complex Protect, 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-s uare feet in area per sign; b} directional signs shall not exceed 8-feet in height; c} up to seven (7) directional sins, 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 Protect) 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 nota_pply to directional signage on the Sports Complex Proiect. City Gate Commerce Park MPUD PU DA-PL20170002330 March 27, 2018 irl Underlined text is added; text is deleted 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 maiorlty vote of the location. Please refer to the Master Development Plan Exhibit A-1, page 2 of 5, 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 morethan 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 ad"acent to the sign location the sign shall not be located closer than 10 feet to any propertV 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); bj shall not exceed 25-feet in height above the lowest center grade of the roadway adiacent to the sign location; c} shall not be located closer that 0.5-feet from any property line; and dj shall not be located more than 4,500 feet from Sports Comple_x_Proiect; and e} shall be abutting to the MPU❑ boundary. 10. Intentionally Omitted. City Gate Commerce Park M P U D PUDA-PL20170002330 Underlined text is added; Struck thFough text is deleted March 27, 2018 17 MONUMENT SIGN — MPU❑ 1 SPORTS COMPLEX PROJECT 11. Deviation #11 seeks refief from LDC Section 5.06.04.G "Off -Premises Directional Signs" which permits a sin no more than 12-s uare 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 Soo rts Co p lex Prolect. Once Oty 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 ermit. The si na a shall be perpetually maintained bV the OtV 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, andsponsorship si na a without limitations for type of location size or number, within the Sports Complex Protect. The projection of light from signs to the North shall be prohibited. External Proiection Sian 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 M P U D PUDA-PL20170002330 Underlined text is added; StFUGIE thFOWgh text is deleted March 27, 2018 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 Protect. This deviation shall onIV 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 aapply 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 Sport's Complex Project. This deviation shall ❑nly apply to grassed parking areas. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; 94WGk th FO Ugh text is deleted March 27, 2018 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 boundarN of the Sports Complex Lot, provided there is unified ownership of the Sports Codex Lot and the abutting property to the east, where the development is iointly planned. In conjunction with the off -site native vegetation requirements (See Deviation #21 in this document), the buffer requirements(acreage oftypical 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 CitV Gate Commerce Park MPUfl east of the F. P. & L. easement. 20. Deviation #20 seeks relief from LDC Section 6.06.010.5 "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 Oty Gate Commerce Park MPUD east of the F. P. & L. easement. City Gate Commerce Park MPU❑ PUMA-PL20170002330 Underlined text is added; St-� n text is deleted March 27, 2018 20 RETAINED NATIVE VEGETATION - SPORTS COMPLEX PROJECT ONLY 21. Deviation #21 seeks relief, for the Sports Corn plex Pro'ect only, from the PUD's Re aired Yard Plan which req uires native ve etation retention to be on -site and LID Section 3.05.07 H.11 "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 cu rrently outside of the MPUD bounds . To accomplish such a minimum of 50% of the Required Yard Plan for the Sports Complex Pro'ect shall be shown on the first site development Olan 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 S orts Com plex Pro'ect. The off -site native ve etation 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—MPU❑ INCLUDING SPORTS COMPLFX 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 inte ral part of the principal structure and shall be entered from within the principal structure to instead allow for a maximum of five 5 attached or detached caretaker's residences limited to locations East of the F. P. & L. Easement. WATER MANAGEMENT—MPUD INCLUDING SPORTS COMPLEX PROJECT 23. Deviation #23 seeks relief from LDC Section 6.05.01 "Water Management Requirements " 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 CitV Gate Commerce Park to be located outside of the MPUD bou ndary per review and acceptance of the South Florida Water Management District. Collier County will take water management to the abutting Count owned property as a future co- ermittee in the South Florida Water Management District Environmental Resource Permit (SFWMD ERP). City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; c*rU^'"FOgh text is deleted March 27, 2018 21 ARCHITECTURAL REVIEW STANDARDS — SPORTS COMPLEX PROJECT 24. Deviation 424 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. 2.--A8 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. 2.89 IMPACT FEES The ate 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 facifityfinancing, such fees shall be applicable to the Citygate City Gate Commerce Park project in accord with the terms of the ordinances which impose the fees. City Gate Commerce Park MPUD PUDA-PL20170002330 March 27, 2018 Fla Underlined text is added; SvK44' text is deleted 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 aporoval of the transfer bV Count staff, and the successor entity shall become the Managing Entity. As Owner and Develo er sell off tracts the Mana i ng E ntity shall p rovide written notice to Co u nty 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 Ian er responsible for the monitoring and fulfillment of PUD commitments. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck t48WOIR text is deleted March 27, 2018 23 SECTION III PROJECT DEVELOPMENT REGULATIONS 3.1. PURPOSE The purpose of the Section is to set forth the development regulations applicable to the Citygate 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): I. 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 sa�e4 service businesses....hiEh a_e .4 5igRed 6FRd . hir=h . u ld g rate substantial trade fr .., the . side tial r. ighbeFh-aed-s n+ i+. i--srh�=icrT''r� Z. EAST OF THE FLORIDA POWER & LIGHT EASEMENT: a. One gasoline service station or fuel dispensing facility bIL. 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 City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added, StFUCk thrOUgh text is deleted March 27, 2018 24 h. Retail sales and personal service businesses "'^" are deli nee and eperated 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 Protect shall not lease or sell any property 1 facility to a professional sports team / franchise. c. Passive Recreatlon 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 6y Collier County Government are sub"ect to the Friday and Saturday time schedule below z. Friday and Saturday — 7AM to 12AM 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 b the Board of Collier Countv Commissioners. f. Any stages or amplified sound i.e. concerts will face the South g Dark Skies - Outdoor Lighting_Basics shaII apply City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck threkigh text is deleted March 27, 2018 25 4. 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 o'aFJJF A;^^�'^^ ^^ ^'•^^19F Board of Zoning Appeals to be comparable and/or compatible with the tfae 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) C-caretaker's residences, within the PUD, subject to Section 8.40 e# +"e-'ening @_a;naRse 2 7 of this document. 5. A perimeter security fence and/or wall, not to exceed 8 feet in height. & Boat docks within the Recreational and Lake Tractnh of the project may be Fefflave-d- fre-PA the ffejeet- Approval feF the Ceunty Engineer and the W;�;g/Zemecter shall be Fe ed tealsur-e—rye—negatide impaGts o ► City Gate Commerce Park MPU❑ PUDA-PL20170002330 Underlined text is added,- StFuelk through text is deleted March 27, 2018 26 3.3. DEVELOPMENT STANDARDS A. Minimum Parcel Size: West of F. P. & L. easement: 1 acre East of F. P. & L. easement: 2 acres B. Minimum Parcel Width: West of F. P. & L. easement: 150 feet East of F. P. & L. easement: 200 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 admacent to White Lake Planned Unit Development) -- 50 feet Side yard all other req uired — 25 feet unless a butting parcels are iointly 131anned in which case the abutting side yard requirements may be waived ❑r modified durin the SDP approval process. In those instances {East and West of F. P. & L. Easemet1where 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% ❑f required yards may be devoted to vehicular drives and parking spaces within the City Gate Commerce Park MPUD. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struelk through text is deleted March 27, 2018 27 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 Actual Heijzht: Platted Lots Abutting the Golden Gate Canal: 43-feet All Other Platted Lots: 67-feet City Gate Corn merce Park MPUQ PUMA-PL20170002330 Underlined text is added; StF ii, : text is deleted March 27, 2018 28 East of the F. P. & L. Easement: Zoned Height: Platted Lots Abutting the Golden Gate Canal: 36-feet All Other Platted Lots: 50-feet Actual Height: Platted Lots Abutting the Golden Gate Canal: 43-feet All Other Platted Lots: 67-feet Sports Complex Proiect: 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 Citygate City Gate project, and that it will not have negative impacts upon surrounding properties or be detrimental to the public welfare. F. Minimum Principal Building Floor Area: 1,000 square feet {Gasoline service stations are exempt from this standard,} G. Merchandise Storage and Display: The.re Shall -he ntrEgutside sieFage or splay a ^ram- Outdoor storage and display of merchandise is allowable east of the F. P. & L. Easement, pursuant LDC Section 4.02.12. City Gate Commerce Park M P U D PUDA-PL20170002330 Underlined text is added; 94W6k thFOUgh text is deleted March 27, 2018 29 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 the theses 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 overthe 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 give 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. 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 City Gate Commerce Park M P U D PUDA-PL20170002330 Underlined text is added; W egig : text is deleted March 27, 2019 30 aS Fed by Seet'E)r ' ° In evaluating the buffer component of site development plans, the Planning/2oning 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 sit.and- ,...-s Af Sertien 4 " of the ZaRiRg QrdiRaneea, The tree and shrub species, sizes, and spacing shall be approved during the Site Development Plan approval process and of deemed to b-R^^^"'^' byPlan niRg�ZoRi Rg DiFeaeF, sha 11 be rneFe extensive than Feq uiFed by Section t e . City Gate Commerce Park MPU❑ PUMA-PL20170002330 Underlined text is added; Struck thpaugh text is deleted March 27, 2018 31 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 Re uired Yard Plan is attached nc Fvhihit ❑-A 4.23 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. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; StrUCk t:..-eUgh text is deleted March 27, 2018 32 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 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. 4:-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, NRM❑ can provide pertinent information concerning plant species) 5 E.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); this program will be subject to the review and approval of NRMD. City Gate Commerce Park MPU❑ PUDA-PL20170002330 Underlined text is added; S.....C'sh text is deleted March 27, 2018 33 4-.G. Where applicable, due to development, components of plant communities will be transplanted within preserve areas and/or as landscape elements within the project. Examples of plant species appropriate for transplant would include sabal palms (5abal palmetto), and butterfly orchids (Encyclia tarnpensis). I.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. 1. 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 forthe remaining undeveloped Phase One lots. J. Lot 1 of City Gate Commerce Park - Phase Two Replat PB 50 - PG 24),also known as the SFWMD BigCypress Field Station orformerly known as Lots 5 and 5— Phase Two includes 0.42-acres of retained vegetation. This is included in the overall retained ve etation calculations shown within this document in Exhibit A-6 Pages 25-28. The Phase Two reciuirement equals 5.15-acres minus 0.42-acres which equals 4.73-acres(remaining Phase Two required retained vegetation). City Gate Commerce Park MPU❑ PUDA-PL20170002330 Underlined text is added; Stpuek through text is deleted March 27, 2018 34 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 Count December 1 2009 recorded in OR Book 4517 Page 640 et se and the Amendment to the Developer Agreement June 23 2015 recorded in OR Book 5198 Page 3989 et seq.) 5.23 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 d rive. City Gate Commerce Park MPU❑ PUDA-PL20170002330 March 27, 2018 35 Underlined text is added; gtr:ueL thFougk text is deleted EB.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/landfiil 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 intersection s, special attention shall be given to the location of the entry/exist drives when site development plan applications for sites abutting the 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 shaft be owned, operated, and maintained by the County. The Cie 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. 44-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. 4H.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 MPU❑ PUDA-PL20170002330 Underlined text is added; Struck thFeugh text is deleted March 27, 2018 36 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 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 PUDA-PL20170002330 Underlined text is added; Struck thr gh text is deleted March 27, 2018 37 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, . .. .......... ...... . ...... City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; e* uck tkFaugh text is deleted March 27, 2018 38 :r.�.�:e�rs�rst� . ►:ram.............. .. 4. At the time Geunty off site wateF a Rd/OF et . Fr�lrrin�srr�-srs's City Gate Commerce Park MPU❑ PUDA-PL20170002330 Underlined text is added; StFUE�, gh text is deleted March 27, 2018 39 ..qr City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; &.Fwe��, gh text is deleted March 27, 2018 40 �-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 &&R DEP permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. r�r �sr�xa�sarerrer.�rssrr� rre�n�rr.!r�ssra �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 MPU❑ PUDA-PL20170002330 Underlined text is added; Struck throng text is deleted March 27, 2018 41 21 1111 - - ■- City Gate Commerce Park M PU Q PUDA-PL20170002330 Underlined text is added; e`..•_ s text is deleted March 27, 2018 42 City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck thrGugk text is deleted March 27, 2018 43 MAP H City Gate Commerce Park MPUO PUDA-PL20170002330 Underlined text is added; StFue' g: text is deleted March 27, 2018 44 uurees4Mn --- — ..••r Y' eo�Ncl.o No N VI 61N 3 WdO-GA3 Cl?J 3iSvvq `°� K• •r<� - �l�rr.:�a:.;.cc, ��..�_.-.�.,E o�. •rwe oos �l.ns .�...v � sx. z _ f '133eiaS.lkH Hc/g6 6ii 3'u4 �Y4 ^�,+V, __—._ _- __ewiwwai�iL•sKwMI}iY N1uµ -- - -- '7�11N3adOl3A36 QfldW'AWd 304a "MOO 31Ho A„�I'.] __- uµrer 3itl9 Al!] JI --- F- L---Z now -' n J rto�a °eJaa I w r-•-- i �go _ F 4�N .- .-------'-1 i w o �� az J 1 IXW rcq rn 2! 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T Y ?I m CL ❑ 7 ❑ r N dA C N c� 0 Ln m N f+ N L►7 It r-1 00 'o m u� m 00 m 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. 9FserestauFant will be 10eated At44;R th� FRarFJ bady af the r-A-.rA1:RP-.rG--e paF!(, and will exclusively sepye IaFejeet employees - J-�4 Thew sales a-P,4 services w+li pFiFnarily sepia ifiteRitate highway tri4yelerq a4idcrrrp,coyees e.F � within t4e irejeet, 444 T-ie office categoFy 4, limited t-9 afe pFiReipal rises, aP4 49e5 4e4 ire off+eeswhirlh afe ancillary to a+14 rrrcvr^'p^o^rcr'�rcv ill of ter HSe5,+ e • • + ^^F w+tk►ii� a "" b i f a rt ` i F o r feseaFEli aii�crc rci v p i„e;rt #�rf F Melt 4 t4e effir-es will 4ave awe interarr nn w44 Ar, external W tie PFejeEt, b4t sorne vu+i4 PFiFRaF rFyfbiret4E)n as (-S�JL 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": I.) Ilhpht manufacturing; processing; sto_raRee and distribution 1,520,000 sty. ft_t .1 Research, testing, development 100,000 L. ft <L Service and repair businesses 160,000 sue. ft,; L.1 Showrooms and sale centers 60,00 sr�.. ft. 5.1 Publishing reproduction, communications 80,000 s . ft, The total Industrial Development is 1,920,000 square feet of industrial buildin s. City Gate Commerce Park MPU❑ PUDA-PL20170002330 52 March 27. 2018 Underlined text is added; c,..�^- �" "w9 text is deleted EXHIBIT A-3 (PAGE 1 OF 6) FXHISIT 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 0791 2. Amusement and Recreation Services SIC 7911 -7929 indoor 7991 7993 indoor 7997 and 7999 3. Apparea and Access❑ ry Stores SIC 5611-5699 4, Automotive Dealers (SIC 5511-5531, 5551-5599� 5. Automotive Repair, Services and Parkin 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-tele hone recording studios swimming pool cleaning, and textile designers only, subject to parkin and landsca ping 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. Eating and Drinking Places SIC 5812 and 5813 excluding bottle clubs 12. Education Plants and public schools with an agreement with Collier County, as described in section 5.05.14 13. Educational Services (SIC 8221-8299) 14. Engineering, Accounting, Research Management, and Related Services SIC 8711-8748 15. Essential Services, subject to LDC Section 2.01.03. 16. General Merchandise Stores (SIC 5331 and 5399 17. Facilities with Fuel Pumps 5541 18, Health Services (SIC 8011-8099) 19. Home Furniture Furnishings, and Equipment Stores SIC 5712-5736 20. Hotels Rooming Houses Cams and Other Lodging Places SIC 7011 7021 and 7041 21. Insurance Agents, Brokers And Service SIC 6311-6399 6411 22. Justice Public Order And Safety SIC 9222 9224 and 9229 23. Legal Services SIC 8111 24. Membership Organizations SIC 8611 8621 8641 8661 and 8699 25. Miscellaneous Repair Services (SIC 7622-7641 and 7699 26. Miscellaneous Retail (SIC 5912-5963, 5992-5999) 27. Motion Picture Theaters (SIC 7832 City Gate Commerce Park MPUO PUOA-PL20170002330 Underlined text is added; text is deleted March 27, 2018 53 EXHIBIT A-3 (PAGE 2 OF 6) 28, Motor Freight Transportation and Warehousing SIC 4225 mini- and self -storage warehousing oDlyl 29. Museums and Art Galleries SIC 8412 30. No n-depository Credit Institutions SIC 6111-6163 31. Personal Services SIC 7211 7212 7215-7217 7219-7299 except barber and beauty schools 32. Public Administration SIC 9111-9199 9311 9411-9451 9511-9532 9611-9661 33, Real Estate (SIC 6512, 6531-6552) 34. Security and Commodity Brokers Dealers Exchanges, and Services SIC 6211-6289 35. Social Services SIC 8322-8399 except homeless shelters and soup kitchens 36. Taxicabs (SIC 4121) 37. Transportation Services (SIC 4724, 4725 and 4729 38. United States Postal Service SIC 4311 except major distribution centers 39. AnV other use which is comparable and or compatible in nature with the fore ❑in list of ermitted princi oal and accessa ry, uses and Section 3.2.A.1 of the P U D 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 (S)C 0742 and 07811 2. Amusement and Recreation Services 51C 7911-7941 indoor exce pt stadlums m av be outdoor 7991 7997 bndoor and 7999 0ndoor and outdoor except shoot in ran es shall be indoor o n lv� 3. A ppareI and Accessory Stores 51C 5611— 5699 with 15,000 s cl uare 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 Parkin 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— 73M 9. Chemicals and Allied Products SIC 2841 and 2844). 10. Communications SIC 4913 — 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. Eating Places SIC 5912 and Drinking Places SIC 5813 establishment shall meet licensing requirements for liquor and shall only be integral to hotels or motels), 14. Education Plants and public schools with an agreement with Collier Count as described in LDC section 5.05.14. City Gate Commerce Park MPUD PUMA-PL20170002330 Underlined text is added; SIPW Gk th mug text is deleted March 27. 2018 54 EXHIBIT A-3 (PAGE 3 OF 6) 15. Educational Services SIC 8211 - 8299), 16. En i nee ri ng, Acco u nt i ng, Research Mana ement and Related Services SIC 8711 - 8748 . 17. Essential Services subiect to LDC Section 2.01.03. 18. Fabricated Metal Products Except Machinery and Transportation Equipment SIC 3411-3479 3491-3499). 19. Facilities with Fuel Pumps {SIC 5541 limited to one). 20. Food and Kindred Products {SIC 2022 - 2099). 21. Food Stores SIC 5411-5499 with 12,500 square feet or less of gross floor area in the principal structure). 22. Fuel Oil dealers (5983). 23. Furniture and Fixtures SIC 2511-2599 . 24. General Merchandise Stores SIC 5331 and 5399 all with 15,000 square feet or less of gross floor area in the principal structure). 25. Group care facilities (category 1 and II except for homeless shelters); care units except for homeless shelters; nursing homes; assisted living facilities pursuantto F.S. § 400.402. and ch. 58A- 5 F.A.C. 26. Health Services 1SIC 8011-8099 except dru g addiction and alcoholism services hos pitaIs . 27. Heavy Construction SIC 1611-1629 . 28. Home Furniture Furnishings, and Equipment Stores SIC 5712-5736 . These uses shall be associated with Wholesale Trade and retail shall not exceed an area greaterthan 33% of thegross floor area of the principal permitted use. 29. Hotels Motels and Other Lodging Places SIC 7011-7041 except Rooming Houses and Camps). 30. Industrial and Commercial Machinery and Computer E ui meat SIC 3511-3599 . 31. Insurance Agents, Brokers and Service SIC 64111 32. Insurance Carriers {SIC 6311-63991 33. Leather and Leather Products SIC 3 13 1-3 199. 34. Legal Services (SIC 8111). 35. Local and Suburban Transit and interurban Highway Passenger Transportation SIC 4111-4173 36. Lumber and Wood Products (SIC 2426 2431-2499). 37. Measuring, Analyzing, and Controlling Instruments- Photographic, Medical and Optical Goods• Watches and Clocks (SIC 3812-3873). 38. Membership Organizations SIC 8611-8631 8641 9651 8699). 39. Miscellaneous Manufacturing Industries SIC 3911-3999 . 40. Miscellaneous Repair Services SIC 7622-7699 . Associated retail component shall not exceed an area greaterthan 33 percent of the gross floor area of the principal repair service use. 41. Miscellaneous Retail SIC 5912 5941 5945-5947 5995 all with 25,000 square feet or less of gross floor area in the p rinci pal structure 42. Motion Picture Production SIC 7912-7819 . 43. Motor Freight Transportation and Warehousing 4212-4226 except oil and gas storage, and petroleum and chemical bulk stations). 44. Museums (SIC 8412 limited to not for profit organizations]. City Gate Commerce Park MPUD StIPU k throughtext is deleted PUDA-PL20170002330 Underlined text is added; March 27, 2018 55 f.1 EXHIBIT A-3 (PAGE 4 OF 6) 45. Non -depository Credit Institutions (SIC 6111-6163)_ 46. 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 ards shall be cornpietely enclosed. This provision shall not be construed to allow, as permitted or accessorV use wrecking yards, Junkyards, or Vards used in whole or part for scrap or salvage operations or for processing,storage, display, or sales of an scrap, salvage, or secondhand building materials 'unk automotive vehicles or secondhand automotive vehicle parts. 47. Personal Services (SIC 7211-7219. 7231— 7251). 48. Printing,Publishing, and Allied Industries SIC 2711 — 2796 except Paper Mills). 49. Real Estate (SIC 6512, 6531 — 6552). 50, Rubber and Miscellaneous Plastics Products SIC 3021 3052 3053). 51, Security and Commodity Brokers Dealers, Exchanges, and Services SIC 6211— 6299). 52. Stone Clay, Glass and Concrete Products SIC 3221 3231 3251 — 3273 3275 3291). 53. Textile Mill Products SIC 2211 — 2221 2241-- 2259 2273 — 2289 2297 2298). 54. Transportation Equipment 51C 3714 3716 3731 3732 3751 3761 3764 3769 3792 3799). 55. Trans portation Services SIC 4724-4783 4789 exce pt stack ards . 56, United States Postal Service SIC 43111. 57. 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. 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. 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 Zo n i ng Ap peats BZA . nditional Uses 1. Wholesale trade -nondurable goods SIC 5171 5172). City Gate Commerce Park MPUD Underlined text is added; Stwslthrough text is deleted PUDA-PL20170002330 56 March 27. 2018 EXHIBIT A-3 (PAGE 5 OF 6) EAST QF THE FP&L EASEMENT 5 orts Com iex Project - SIC codes for Permitted uses described in 3.2.A.3 : A. Permitted Uses 1. Amusement and Recreation 5ervices 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 shootinp, ranges shall be indoor only). B. Accessory Uses 1. Amusement and Recreation Services 7999 0ndoor and outdoor . a. Amusement concessions b. Animal shows in circuses, fairs, and carnivals c. ArcherV ranges, operation of d. Baseball instruction schools e. Basketball instruction schools f. Billiard parlors g. Bingo parlors h. Boat rental, pleasure i. Bowline instruction L Bridge clubs non-membershi k. Bridge instruction 1. Carnival operation m. campsUa_ n. Exhibition operation o. Exposition operation p. Fishing piers and lakes operation of c. Game parlors, except coin -operated L. Gymnastics instruction s. Handball courts, except membership clubs t. Ice skating rink operation u. Judo instruction v. Karate instruction w. Lifeguard service L. Racquetball courts except membership clubs y. Rental of bicycles z. Rental of rowboats and canoes aa. Roller skating rink operation City Gate Commerce Park MPU❑ PUDA-PL20170002330 March 27, 2018 57 Underlined text is added;uaslc tFa+i text is deleted 2 3. 4. S. 6. 7. 8. 9, bb. Schools and camps,sj2orts instructional cc. Shooting galleries dd. Shooting ranges, operation of ee. Skating instruction ice or roller ff. Sporting goods rental M. Sports instructorsprofessional: golf, skiing, swimming, etc. hh. Swimming instruction ii. Swimming pools, except membership 1L 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 Bands Orchestras Actors and Other Entertainers and Entertainment Groups SIC 7929 . ■ Limited to twent 20events one 1per weekend. Above twent 20re uires a Tem pora ry Use Permit. Bowling Centers (SIC 7933). Coin -Operated Amusement Devices SIC 7993 indoor and outdoor). Dance Studios Schools and Halls SIC 7911). Membership Sorts and Recreation Clubs SIC 7997 indoor and outdoor. . Physical Fitness Facilities (SIC 7991 indoor and outdoor). Public Golf Courses (SIC 7992 indoor and outdoor). Theatrical Producers (Except Motion Picture and Miscellaneous Theatrical Services SIC 7922). City Gate Commerce Park MPUD PUDA-PL20170002330 March 27, 2018 58 Underlined text is added; ctFUGk t pag text is deleted WIC|8■wm| 0 LU \ § § \ \EL \ Lu < \\\ co o<( [j e z jk \ \ §�) k\ § R �\} 0§} // a— < L§7S$R$ S\ \¥7\( }\ }±7 . .. _ ( <k \ \ M) _ EL§ Z � c Z a � � \� p §j\ R-1V) u§LU a a� ( § j < a � \ b 0 � \ b Q D § � � « � w Q ± w � � O O w ¢ 0 » e Q �o \ � � �§ § - =z Z!2 k w q 0 l| § \ .� e \ P&A �9l6 m6Si � •cor � OOW��O(Le _- o i19EHx3 SNOEitllna❑ d 133g1S HNH WMS ESQ � ri �. �� o„'xnw osr � h1a5O1A�i'CI .so�ocao �„ azm a OndW ANd 3043WW00 31tlo h1E3 �`7--__----- -----------� - - - i--------- z❑ ary N¢ m� z {Y w Z xw vO Waa i~ w❑7 0 w n z on LU y R r wwa JJ mJLu 0�4 co N C7 a �&5¢ za p m=z ❑o w� nR EXHIBIT A-5 (PAGE I OF 2) 60 CY EXHIBIT A-6 (PAGE I OF 28) CITY GATE "REQUIRED YARD" PLATY I. OBJECTIVE, PURPOSE, LOCATION AND AMOUNT OF NATIVE VEGETATION RETENTION: OBJECTIVE: To provide a procedure by which the vested rights determination for the CITTYG A TTCITY GATE DRI may be implemented with respect to the location and amount of native vegetation preservation 1 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 CITYGATE CITY GATE Development Orders; to maintain property and aesthetic values within the r`'T�, �TCITY 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 1 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 -GAT 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 V II (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 a reed 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: CITYG A TL' CITY GATE DEVELOPMENT ORDERS shall mean the development orders approved by toe Collier County for CITE �T E 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 CITc�TH CITY GATE COMMERCE PARK (the "PUD"). The PUD was amended by Ordinance 42010-42 adopted on November 9 2010. The PUD was again amended b Ordinance 9201845, adopted on f I ck, iI, "t?, 2018. The Development Order has been amended City Gate Commerce Park MPU❑ PUDA-PL20170002330 Underlined text is added; `'' U& t4GUgh text is deleted March 27, 2018 62 EXHIBIT A-b (PAGE 2 OF 28) by Development Order Amendment 90-4 (adopted August 28, 1990), Development Order Amendment 95-2 (adopted February 21, 1995), Development Order Amendment 2000-02 (adopted May 23, 2000) and Devela ment Order Amendment 2010-01 (adopted November 9. 2010). The Development Order has been again amended by Development Order Amendment i $- 01 (adopted 1 z, 20181. 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 1 Recreational Area at least one 1 acre will be re [anted or retained native ve getation which shall be credited toward this Required Yard's native vegetation retention) reservation goal/requirement. 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 property. the Yard adiacent to White Lake Planned Unit Development) shall be 50fifty-feet ORDINANCE 2018- 13, Section 3.3 C. REQUIRED YARD means the Yards, less 20% for vehicular drives and parking spaces. This (20%) area will be identified in a Site Development Plan submittal, (ORDINANCE 88-93, Section 111, 3.3.C; See also; DO 90-4, Section One, 4, d.5). City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Ww^'gtext is deleted March 27, 2018 63 EXHIBIT A-G (PAGE 3 OF 28) 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 A+es 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 72.9 aer-e phase of GITYGATE CITY GATE DRI for which construction plans and a plat submittal has been ..,,b..,i—ed s.- Geunty approve and recorded in Book 49 Pa zes 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 7� acres of the �' `�TYGATE CITY GATE DRI. PHASE THREE: means the phase of CITY GATE del2icted as Phase Three an Exhibit A-6. Pages 25-28 of 28 of this document and for which construction p cans and a 12lat will be approved and recorded in 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 lot 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 Coml2lex Project is jointly planned with a portion of the contiguous County owned ro perty. alon g the eastern bo undary, the fo I lowina location of the native veizetation alternatives or combinations thereof shall apply_ A. Within the Required Yards of the Sports Complex Project in the PUD• B. Within an o pens ace areas on the S ports Com plex Project in the PUD] with 100% native vep-etation with all three strata, and C. Within other areas on the Sports Complex Projectparcels in the PUD that are not perimeter yards may be used to meet the native vegetation retention acreage req uirement for the PUD. These areas shall not be occup ied by buiIdin =s. im ervious 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 PUDA-PL20170002330 Underlined text is added; StFue gtext is deleted March 27, 2018 64 EXHIBIT A-6 (PAGE 4 OF 28) D. Up to 50% of the required native vegetation for the Sports Complex Project may be retained on the abutting County owned property, utilized for the expansion of the Sl2orts Complex within a unified site development 121an. in accordance with the PUD deviation found in Section II — Para ra h 2.7 — Deviation #21. E. Passive Recreational Uses: Passive uses are allowed within Yards as long as an clearin g req uired to facilitate these uses does not im act the minimum req uired native ve etation. Passive uses are specified in LDC section "Allowable uses within Count required preserves". III. PLAT SUBMITTAL AND CONSTRUCTION OF SUBDIVISION MPIROVEMENTS: 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. b 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 City Gate Commerce Park MPt1b PUDA-PL20170002330 Underlined text is added; &` c°^ s" text is deleted March 27, 2018 fi5 EXHIBIT A-G (PAGE 5 OF 28) 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 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. All ^otthe 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 flan 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 2.47 aere ,eila d presewe Lake/Recreational Parcel and/or existing Required Yards. City Gate Commerce Park MPU❑ PUDA-PL20170002330 Underlined text is added; ``v c-' text is deleted March 27, 2018 66 EXHIBIT A-6 (PAGE 6 OF 28) 2• WHAT MUST BE RETAINED IN REQUIRED YARDS: A. PiHe T-r-eas haying a Diameter Breast f4eight (DBH) of 9" or- me e.. leea+ed within the na ed Yard must be o 0 0' A. "'�efNative Vegetation, located within Required Yards, will be conserved unless it is necessary to remove such vegetation: I. 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 vehicular drives and parking spaces will damage or destroy the vegetation. B. Phase Two/Three Blend: In the instance where lots from Phase Two and Three are re Tatted 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-5, page 25 of 28. 3. PROTECTION DURING SITE DEVELOPMENT 1 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 City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; St •^'��text is deleted March 27, 2018 67 EXHIBIT A-d (PAGE 7 OF 28) 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. 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: l . 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 City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; `tr"^�'h-text is deleted March 27, 2018 68 EXHIBIT A..6 (PAGE 8 OF 28) 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 anytime prior to the issuance of a certificate of occupancy or a certificate of completion. 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; affd 5. Benches are permitted in the Required Yard:; and 6. Per the recorded DCA Q.R. Books 4517 & 5168 Pa es 640 & 3989). the rovision and or construction of ri ght turns lanes will not result in the loss of an developable area on lots affected. The setback) and 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. 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 111, 3.3.C) that, 20 feet and fie � nt leseF thaH 10 feet C. GENERAL MAINTENANCE. 1. Trees, including sabal palm, may be pruned of dead or dying brancheslfronds. 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. 1f 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. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; StFWG��Fs text is deleted March 27, 201$ 69 EXHIBIT A-6 (PAGE 9 OF 28) 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 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 rep iat 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 ate 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 o f 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. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; threueh is deleted March 27, 2018 70 EXHIBIT A-d (PAGE 10 OF 28) 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 l 70' wide Florida Power & Light easement. 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 respective I y. In the instance where lots from Phase Two and Three are re tatted 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 PUDA-PL20170002330 Underlined text is added; 64...0019 text is deleted March 27, 2018 71 a LU 2 W V = LU LL Q LL - n LL LL x O❑ SNY d 2 W m w O w rwj67 I w t7 W- 0wz rn 7 w W W b r �2� W N2LL Q zV) ca LL ui Oz Z z w� Z OOz z :r 02 ai r O Z O d C7 Qz 7- LU om❑ - F 0 O LU m F r2 Z F Q� Q vcx� v0¢m¢ LU ❑ F Q"1=� W ❑(WA Z-jV7=(oW0V) <CL Ll.l C7LU LLJ W a2Q ��Q` W �Q' Q� o rm c g w w¢ f o r= a r of t7 Owp FSdH=�U` W Wh Z Z 2 UW H : : :: a cr w a Tc � N J T LU 0 m ¢ d m x27- Ow I I Dg W ¢ a QU Euj L I _f- ❑ w Z r m z I f wQ a I I W � LL Q z �" LL I 2W F L LL I LL 0 W Y Z i y- ❑❑ I 7 LU U¢0 Wig L F- J Q ❑m ❑m 2 m Z LlJ [y Z W W C,] '� N Gul- �L ❑ LL CL V L IL LU Q u7 �acQi j J Q aU C� is LL ,n �L W N Vl I V7 V] W 'ti �sU o2 ; —Z O D 0 ix b l i i W U r w LZI i , qa C) I I ----I z m LUz �_ o x Wo V] Q in ZwO 0 7) U 0 0 e U Q Q T ❑ o f% I j m r x LL W w� �I �= R S a w oAll wl a �- Q ❑- j ! LL ti � i O'• a C4 EXHIBIT A-5 (PAGE 12 OF 28) 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. I . 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 73 Underlined text is added; ask thFough text is deleted PUDA-20170002330 March 27, 2018 EXHIBIT C EXHIBIT A-d (PAGE 13 OF 28) NATIVE VEGETATION REPLACEMENT PLAN TREES Tree requirements areprovided for in Required Yard Plan, page 7 of 28. 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 i or better. FLUCFCS 411 & FLU CFCS 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 Myrsine, f Inridana Ilex glabra Rhus copallinum wax myrtle myrsine gallberrylinkberry 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 gall berryl'snkberry Rhus copallinum winged sumac City Gate Commerce Park MPU❑ PUDA-20170002330 March 27, 2018 74 Underlined text is added, Struck through text is deleted EXHIBIT C EXHIBIT A-6 (PAGE 14 OF 28) NATIVE VEGETATION SHRUB LAVER AND GROUND COVER 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 minir11um of bare root in size, graded Florida Number i or better. FLUCFCS 411 & FLUCFCS 321: Based on vegetation typical of a pine flatwoods and palmetto prairie communities, the species ❑f 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 Saccharum giganteum Spartino bakeri Tripsacum dactyloides Piloblephis rigida Aristida spp switchgrass giant plumegrass sand cordgrass Fakahatchee grass Florida pennyroyal 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 Lialris gracilis blazing star Panicum virgiatum switchgrass Piloblephis rigida Florida pennyroyal Arislida 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 ❑r "cIumped" to more accurately mimic natural conditions, 3. All plants will be graded Florida Number 1 ❑r 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. City Gate Commerce Park MPUa PUUA-20170002330 Underlined text is added; stru k through text Is deleted March 27, 2018 75 EXHIBIT A-6(PAG£ 13 Or 28) CQ � LLJ � \ \ ) c 6 ) 3 -3 § $ ) ( \7\» 332a kk -,.,. ¥�zz� h kkkk R>;2 ® ® 0 2 m �w (\ \ k e� m� /§7 C�§ bW 2■77R I+$ §§§ § § §§] EXHIBIT ❑, PAGE 1OF10 76 �1 0 x W 4-A .7 0 QL E 0 0 .1m EXHIBIT A-6 (PAGE 16 OF 28) C ) 177 pTTT pTTT - 771, �a • m C I i to, 4 l •77, EXHIBIT D. PG 2 OF 10 0 C) `-woo, A CD r XHISIT A-6 (PAGE 17 OF 28) CAI Cr7 I ' L C J - Q Y Z °� = _q{ m',p• C W rr�� o `J �I 40 o G Z W - C� cl E 1_1±n -�i i r EXHIBIT D, PG 3 OF 10 78 EXHIBIT A-6 (PAGE 18 OF 28) Lai ti Q�l llx�l L 14 (n LLJ 0 R, ell O lz- LLJ CC) . . ............ Q- Z-�: C) EXHIBIT D, PG 4 OF 10 IN �l MAN 79 . . . . . . . . . . . . . EXIJI13IT A-6 P. 'GE 19 OF 28) ;Composite EA*ibit-b-,(C--o-n-t-.) . ........ ........ . . . 41.1 . . . . . - . - - �......... ................. -�. . PROPOSED 41,100 SQ . . . . . . 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Z Z D Q a N W a 2 Z it e 16 1LL Q F- F F e W Z F W n Le, ~ w IiI w w a¢ m w= J H fl 7 r� d ono cciw� z 2 w a w a wCD LLJ LL l Z w- SFQ7 cn ¢"` a�u 2S< T-:3 ~ �a� W7a i O Z = u�idw wry~ WwQ Z Q ¢o`W" ?dam CLLI C) � [ a z0< J `\ Ul � {V 88 � - - SNOMN3tl Y WWO,. Kit �zvvrsius: • . - SiO) NOUVAORA - ,N ��ca� cos3ir�s 133z15'Im'I Hi�GS ASI 311,I1tlN 33WI ON QM-L 3SVHd - .•• � a. i�.. e 011'NMNMR Y1vs'II j 'ill 1N31Vda�3A30 _. 31'C`J kilo NOSOIA'4'Q - 1 . 31a7.11� qn6ry Kadd 30a3wirioa !� EXHIBIT A-b (PAGE 28 OF 28) Q w II w �, a b o r v F 0 -1 w w a w . ,4 a v a¢'p¢ pa•oa um x°2 x� xN = W 'n p N b �; 6 6 X tm P w� y w 7 n n n aw .0 20 6 7 v a p 2' q Q wf CY xP x� = pp. to M H Ww w C7 am•ao�o coaYO O N rn W -. w Qua F WM r5�-e0 v LU LLJ IL Q Q w b r U] LL W O V v e v Q 0 a - W LU 7-w w I �: -_ -------�"-- -• - _ a j d a a u a a I w z U- w w 89 � r > r FLORIDA DEPARTMENT a STATE RICK SCOTT Governor April 4, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Anne Jennejohn Dear Mr. Brock: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 18-13, which was filed in this office on April 2, 2018. Sincerely, Ernest L. Reddick Program Administrator ELRIIb R. A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us 011 N NOV 2010 c, v t,a 0 (3, r•a ORDINANCE NO. 10 - 4 2 AN ORDINANCE OF THE BOARD OF C0UNTiz, -' COMMISSIONERS OF COLLIER COUNTY, FLORIDkr ', AMENDING ORDINANCE NO. 88-93, THE CITY GATE .." COMMERCE PARK PLANNED UNIT DEVELOPMENT, BY , :. DELETING SECTION VII CONTAINING THE RED ---:t' COCKADED WOODPECKER MANAGEMENT PLAN; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 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, as a result of an appeal by the Florida Department of Community Affairs (DCA), a Settlement Agreement between Collier County and DCA resulted in Development Order 90- 4, Resolution No. 90-431 dated August 28, 1990 (1990 DOA), which amended Section One: Conclusions of Law, Section 4, Vegetation and Wildlife/Wetlands, including paragraphs c and d (which were entitled "Off -Site Mitigation" and "Red Cockaded Woodpecker Management Plan", respectively) of the Development Order; and WHEREAS, the provisions of the 1990 DOA are the currently effective provisions relating to Red Cockaded Woodpecker Management and mitigation; 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, the Petitioner, after formal consultation with the United States Fish and Wildlife Service (USFWS), developed the City Gate Habitat Conservation Plan (City Gate HCP), which incorporates the latest Red -Cockaded Woodpecker ("RCW") management methods; and WHEREAS, the City Gate HCP was approved by the USFWS on March 30, 2009 and issued a Federal Fish &Wildlife Permit (City Gate Federal Permit) to the Petitioner on July 1, 2009; and Underlined text is added; StruekthFOUg# text is deleted. City Gate PUDA-PL.2010-845 Page 1 of 5 Rev. 1 1 /09/ 10 WHEREAS, the City Gate Federal Permit incorporates the most current RCW mitigation strategies; and WHEREAS, the RCW Management Plan in the 1988 PUD varies from the RCW management plan and mitigation strategies required by the City Gate HCP and City Gate Federal Permit; and WHEREAS, Roger B. Rice, of Roger B. Rice, P.A., representing the Petitioner, petitioned the Board of County Commissioners of Collier County, Florida, to amend the PUD; and WHEREAS, Petitioner, simultaneously with Petitioner's petition to amend the PUD in the manner set forth herein, has petitioned to amend the 1990 DOA to conform the RCW Management Plan and mitigation strategies of the Development Order to the RCW management and mitigation requirements of the City Gate HCP and Federal Permit respectively; and WHEREAS, upon the approval of Petition Number DOA-PL2010-843 and the adoption of a resolution amending the 1990 DOA (the 2010 DOA), the operative RCW management and mitigations requirements for the City Gate DRI/PUD will be the requirements of the 2010 DOA; and WHEREAS, for clarity and administrative efficiency, both the County and Petitioner agree that: (1) the RCW management and mitigations requirements for the City Gate DRI/PUD will be the requirements of the City Gate HCP and Federal Permit respectively which shall be required by the 2010 DOA, and (2) that any actual or potential conflicts between the DRI and PUD with respect the RCW management and mitigation should be eliminated by deleting all provisions regarding RCW management and mitigation from the PUD, so that the requirements shall be only as set forth in the 2010 DOA; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on September 16, 2010; and WHEREAS, the Petitioner and the Board of County Commissioners desire to amend the PUD to conform to the City Gate I ICP and the City Gate Federal Permit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Underlined text is added; Struck *4...r.ugh text is deleted. City Gate PUDA-PL2010445 Page 2 of 5 Rev. 1 1 /09/ 10 SECTION ONE: AMENDMENTS TO SECTION VII OF THE PUD DOCUMENT IN ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PUD. Ordinance $$-93 is hereby amended as follows: Section VII of the PUD document is hereby deleted in its entirety: WON arm1 I . /w. f � I IN 11 NOW N. I SHIM 1 ME F . L'7!t!Kl�.4'.!R!f 71 - / rMil / -1,11111 Ilk - Underlined text is added; c..,• k through text is deleted. City Gate PUDA-PL2040-545 Page 3 of 5 Rev. 1 1 /09/ 10 . . - .. ' ■«- 'ALI •MITI - WIN 11111" oil 11,11M.- Y � YMUM =P... pffllm r aM. - - If MO ON ON ■ Underlined text is added; ctruie r thFOUgh text is deleted. City Gate PUDA-PL2010-845 Page 4 of 5 Rev. 1 1 /09/ 10 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 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, this C111 'day of 1�10 leaf IAr' , 2010. ATTEST: DWIGHT,9;''BR-OdK, ,CLERK By: D6uty. elerk Attest " U M. 419nature oAo Approved as to form and legal ufficiency: H idi Ashton-Cicko Assistant County Attorney C I'110-CPS-0103 41.19 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , FRED W. COYLE, Chairman This ordinance filed with the Secretary of Stats's Office the 11 day of KOXNk c-, -291-0 and acknowledgement of that filin received this day ofBy 1 mq�cz* Underlined text is added; Stmek (hFough text is deleted. City Gate PUDA-P1.2010-845 Page 5 of 5 Rev. 1 1 /09/ 10 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010-42 Which was adopted by the Board of County Commissioners on the 9th day of November, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of November, 2010, DWIGHT E. BROCK Clerk of Courts,,a'Ad.Qlerk Ex -of f icio to. ']Board 0f'1' County Commi.S-s iQriers By: Martha Verga'r D, Deputy Clerk ORDINANCE NO.09 - 6 9 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF CO LLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT, BY AMENDING SECTION 2.7 OF THE PUD DOCUMENT TO ALLOW STREETS TO BE PUBLIC; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 13, 1988, the Board of County Commissioners adopted Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development (the "PUD"); and WHEREAS, Joseph R. Weber on behalf of 850 NWN, LLC and CG II, LLC (the "Petitioners") has petitioned the Board of County Commissioners to create the City Gate Community Development District; and WHEREAS, the Petitioners and the Board of County Commissioners desire to provide for the platted streets in the PUD to be open to the public. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO SECTION 2.7 OF THE PUD DOCUMENT IN ORDINANCE NO.88-93, THE CITY GATE COMMERCE PARK PUD. Section 2.7 of the PUD document is hereby amended as follows: 2.7. STREETS TO BE DDn�� 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, Aall platted streets within the project shall be common property of the project landowners and shall in all cases be open to travel bathe public. 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 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. 1 Words stmek thFough are deleted; words underlined are added. 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 this 15 day of i c�M dt 6t,(_ , 2009. ATTEST:,,, . DWIGHT= ,,13f2QgK, CLERK �3 ail t0°t i"tom Deputy Clerk ttwrata�% ,1914 Approved as to form and legal sufficiency: 60k Jeffrey A. Klatzkow County Attorney 09.0028/1 10/30/09(2) HFAC BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman This ordinonce filed with the rtary of cte's Office th do y of — .ond ac: r,; r; lar went of that fil' raara,we 4;:; day of r-Irz# 7 2 Words stFUGk thFO ugh are deleted; words underlined are added. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-69 Which was adopted by the Board of County Commissioners on the 1st day of December, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of December, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of, County Commissioner's �..� 9�f P r U t Teresa Pol ki, Deputy Clerk • ORDINANCE 8A93 - AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS lIAP IJUM13ER 49-26-7 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 AGRICULTURE TO "PUB" PLANNED UNIT �. DEVELOPMENT KNOWN AS "CITY GATE COMMERCE PARK" FOR MIXED USES NON-RESIDENTIAL, r.. COMMERCIAL/INDUSTRIAL/ OFFICE/RELATED SERVICES FOR PROPERTY LOCATED AT THE NORTHEAST QUADRANT OF 1-75 AND C.R. 951, 287.187 + ACRES, IN SECTION 35, TOWNSHIP 'r'� 49 SOUTH, RANGE 26 EAST; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, William R. Vines of Vines and Associates, Inc., representing Citizens and Southern Trust Company (Florida) National Association, Naples, Florida as Trustee under Land Trust /5360, petitioned the Board of County Commissioners to change the Zoning Classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the hereinafter described real property is changed from A-2 Agriculture to "PUD" Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number 49-26-7, as described in Ordinance 82-2, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. DATE; December 13, 1988 BOARD OF COUNTYCOMMISSIONERS COLLIE13 COUNTY, FLORIDA IDA ATTEST: ', BY: JAMBS C. GILES, CLERK RT L. SAUNDERS, CHAIRMAN s_• c Thk ardlox Ke filed with Ih• APPROVED A.'i0 FORM AND LEGAL SUFFICIENCY ;qryy nd 1edps+n o "et " . ' ;_Mn•n ` fit roplwd/� �n•�.t d ASSSSISTIANTtiCOSUNTY ATTORNr*0k UJJPi.E v82 °*w � 12-5-U CITYCATE COMMERCE PARK PLANNED UNIT DEVELOPMENT DOCUMENT Prepared by Vines 9 Associates, Inc. 715 Tenth Street South Naples, Florida 33940 Phone: (313) 262-4164 Date Filed: 4-16-37 Date Approved y Date Approved by BCC: 12 /1iI Onlinance Number: ga-93 �r y t a. SECTION lk wui INDEX I. PROPERTY OWNERSHIP AND DESCRIPTION II. PROJECT DEVELOPMENT 111. PROJECT DEVELOPMENT REGULATIONS IV. ENVIRONMENTAL REQUIREMENTS V. TRAFFIC AND ENGINEERING REQUIREMENTS V1. UTILITIES REQUIREMENTS VIi. RED COCKADED WOODPECKER MANAGEMENT PLAN ATTACHMENTS: MASTER PLAN TABLE 12.13.3. II* 033 Pl6E'"84 1 - 6 7 - 14 16 - 23 24 - 27 26 — 29 30 - 40 41 44 SECTION PROPERTY OWNERSHIP AND DESCRIPTION wr` 1.1. PURPOSE r' 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 nam of: CITYCATE COMMERCE PARK. 6. 1.2, LECAL DESCRIPTION The subject property is 287.197 acres to area. The legal description follows this page. 1.3. PROPERTY OWNERSHIP Title to the property is currently in Land Trust i 5360, held by Citizens 9 Southern Trust Company (Florida) National Association, Naples, Florida, P.O. Box i957, Naples, Florida 33939-1357. The land trust constitutes a unified ownership vehicle. Decisions a. ro. regarding trust management are made by a single trustee in accord it with management guidelines approved by a majority of the trust '. beneficiaries. LEI. 1 t ,�Oi.r. MONTEHIM Fife No. 1S,23f AND ASSOC..AffOC.. INC.iNC. 9/30156 CONSULTING ENGINEERS - LAND SURVEYORS Shoot 1 of 2 LEGAL DESCRIPTION The North half of Section 35, Township 49 South, Range 26 East, Collier County. Florida LESS the West 100.00 feet thereof for right-of-way purposes and LESS the following described parcels: A parcel of land being a portion of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Collier County, Florida. Being more particularly described as follows: 3. Commencing at the quarter Section corner, common to Sections 34 and 35. Township 49 South, Range 26 East, Collier County, Florida. Said quarter corner being marked with a 4" x 4" concrete monument having a 3-inch brass cap attached to the top thereof, with a 314-inch iron pipe; thence along the Section line between said Sections 34'and 35. North 000291150 West. 1,382.43 . feet to a point on the centerline of the 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 ! of 10; thence along said centerline of the proposed Access Road No. 1 North 89031101" East, 100.00 feet to a point on the East right-of-way line of a canal, said point also being on the centerline of the proposed access road to the water treatment F plant parcel; thence along said East canal right-of-way line North 0002911SO West, 50.00 feet to a 4" x 4" concrete monument marking the Northwest corner of the proposed access road right-of-way to the water treatment plant parcel; and being the true POINT OF BEGINNING of the parcel to be herein described; 5 thence along the North Ilne of said access road right-of-way North 890311010 East, 4S6.51 feet to a 4" x 4" concrete monument marking the intersection of said North right-of-way with the West boundary line of the water treatment plant parcel: thence along said West boundary line North 000471140 East, 994.96 feet to an Iron rod on the Westerly right-of-way of a strip of land 170 feet In width for a Florida, Power i Light Company (FPSL) right-of-way as described in Official Records Book 651. Page 1210. Collier County Records: thence along said Westerly FP&L right-of-way North 31030128" East, 70.02 feet to an Iron rod: thence continuing along said Westerly FPSL right-of-way South 53030103H East, 761.56 feet to a 4" x 4" concrete monument; thence r continuing along said Westerly FP&L right-of-way South 00047114/ West, 1,066.70 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FP&L right-of-way South 00047014s West, 332.74 feet to an Iron rod marking the intersection of said Westerly FPSL rlght-of-way with the South line of the North half of the South half of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Collier County, Florida; said point also being the Southeast corner of the parcel belny herein described: thence along said South line of the North half of the a South half of the Northwest quarter of Section 35, South Q+ 890041400 West, 690.62 feet to a 4" x 4" concrete monument: said v 10k 033MI.as H%k File No. 13.23 9/30/t6 Sheet 2 of 2 point being the Southwest corner of the parcel being herein described; thence along the'West boundary line of said parcel North 000470140 East, 653.80 feet to a 4" x 4" concrete monument marking the intersection of the West boundary of the water treatment plant parcel with the South right-of-way of the proposed access road to the water treatment plant parcel; thence along said South right-of-way South 890311010 West, 454.28 feet to a 4" x 4" concrete monument marking the intersection of sold access road South right-of-way with the East right-of-way of a canal; thence along said canal East right-of-way North 000291150 West 100.00 feet to the POINT OF BEGINNING. A portion of the North half of Section 35, Township 49 South, Range 26 East; being described is follows: Begin on the South fine of the North half of said Section 35. at a point North 89000101" East 100.00 feet from the Southwest corner of the North half of said Section 35. thence run North 00029115" West, 1,334.19 feet, thence South 040211080 East, 296.92 feet, thence South 020461250 East. 750.60 feet to the beginning of a curve concave to the Northeasterly having a radius of 336.00 feet, thence run Southerly along said curve 240.58 feet, through a central angle of 41001129" to the and of said curve, thence South 430471540 East, 94.86 feet to the South line of the North half of sold Section 3S, thence South 890001010 West, 206.27 feet to the POINT OF BEGINNING. AND A portion of the North half of Section 35, Township 49 South, Range 26 East; being described as follows: Begin on the South line of the North half of said Section 35, at a point North $90001014 East, 306.27 feet from the Southwest corner of the North half of said Section 35. thence run North 430471540 West, 94.86 feet to the beginning of a curve concave to the Northeasterly having a radius of 336.00 feet, thence run Northwesterly along said curve 240.58 feet through a central angle of 410010290 to the and of said curve, thence North 02 46125" West, 750.60 feet, thence North 04021003" West. 296.92 feet, thence North 00029115" West, 85.00 feet, thence North 3903110t" East, 64.42 feet, thence South 04021103" East, 378.34 feet, thence South 024461250 East, 751.5d feet, to the beginning of a curve concave to the Northeasterly having a radius of 266.00 feet, thence run Southeasterly along said curve 190.46 feet, through a central angle of 410011294 to the and of said curve, thence South 43047154" East, 159.68 feet to the South line of the North half of said Section 35, thence South $90001010 West, 9S.40 feet to the POINT OF BEGINNING. Containing 287.187 acres, more or less. HOLE. MONTES & ASSOCIATES. INC. UK 033 PA"I "87 I: 1.4. CgNERAL DESCRIPTION OF PROPERTY AREA A. The 287.181 acre tract lies in the northeast quadrant of the 1-751 CR 951 interchange. The property is bounded on the west by CR 951 and on the north by the Golden Cate 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. I.S. 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 are limited to about 2E.5 acres, most of which has been previously subjected to extended periods of over drainage and exotic vegetation invasion. Most of the property Is vegetated with pine and associated upland plants. Soil types on the pxperty include Arzall. Karl, and Pompano Fine Sand. Water management for the Citygate Commerce Park project is to be the lake and natural surface detention type. Surface water discharge will be to the north into the Golden Cate Canal through a single control structure. 9 IOOK OM r• L6. STATEMENT OF COMPLIANCE Development of Citygate Commerce Park as a Planned Unit Development wilt 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 Citygate project Is Policy "D" of Objective 3: OBJECTIVE 3 An appropriate mix of land uses to provide for the present and future needs of Collier County. D. Cuide 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 the Comprehensive Plan rests on the following factors: 1. The Citygate 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. S IM MI"! V89 W 3. All project improvements will comply with applicable regulations. 4. The project will constitute a major work center with an excellent working environment. S. The project will be served by a complete range of services and facilities. Wk 033 PI"! v 90 a,w SECTION II e.y r PROJECT DEVELOPMENT r 4�. 2A, PURPOSE The purpose of this Section is to describe the basic development objectives and to generally describe the project development plan. Mi CENERAI %± A. Citygate 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. 9 L. easement will provide a variety of commercial services to highway travelers, with a special emphasis on the provision of service to Interstate travelers. The remainder of the sites, both east and west of the F.P. L L. easement, will be utilized by commercial and Industrial firms associated with technoligical research, product development, light manufacturing, storage and distribution, offices and a wide variety of utilitarian and commercial su rt bust a It i ti 1 ppo n sses. s an c gated that some of the Citygate land uses will be linked with eduatlonal i r . 10111 033F�•�i vJi institutions. Citygate Commerce Park will provide sites which accommodate 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 Citygate 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. C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth to the Collier County Zoning Ordinance. t M 0311IJ V02 . 2.3. PROJECT PLAN 4 A The Master Development Plan for the project Is Indicated on I Ft. Map (H) of the Application for Development Approval and Is an Integral part of this PUI) document. A reduced version of the Master Development Plan Is attached at the rear of this document. Elements of the Master Development Plan Include: Land Use AsIrm Streets 21 Lake 35 Common Lands 10 F.P. 9 L. Esseatent 12 Building sites (IrwJud*s wetland preserves which must be kept as on -site natural areas) 209 • Total 287 Project development shall conform to the approved Minster Development Plan In general and to the approved Subdivision Construction Plans. B. In addition to the plan elements shown on the Master Development Plan, such easements and rlghts-of-way shall be established as may be necessary or desirable for the service, function or convenience of the project. 9 21 C. The Master Development Plan is also the Subdivision Master Plan. 'j♦ 2.4. MAXIMUM pEVELOPMENT INTENSITY Development intensity permitted within Citygats Commerce Park shall be limited to the amount of building development, number of '• employees, and number of parking spaces set forth in Table 12.8.3., reproduced from the Citygate Commerce Park A.D.A.,and attached at the rear of this document. 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 12.8.3. may not be exceeded. 2.5. PLAN APPROVAL REQUIREMENTS �p A. PURPOSE Y.A 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. 10 wlK 033 Plrt''94 r =1 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 comply fully with commitments established by the PUD document, DR) Development Order, County Zoning Regulations and all other applicable sts.idards 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 issuance of building permits for a structure or structures on any development site, Site Development Plan approval must be obtained in accord with Section 10.5 of the County Zoning Ordinance. 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 addition to the listed concerns of Section 10.5, 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 Sectlon 2.2.A. of this document. i1 Vt7J WA vou no 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 Coiner 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. €,XCEPTiONS TO COUNTY SUBDIVISION REGULATIONS The following requirements shall be waived or modified: A. Article X. Section 16: Sidewalks thall be required as shown on the approved Master Development Plan, on at least one side of the existing access road when it Is reconstructed as required by 5.2.6., and on at least one side of all internal project streets. B. 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. Street pavement painting, striping, and reflective edging requirements shalt be waived. 12 "F C. Article XI. Section 10: The requirement to install monuments in a typical water valve cover shall be waived if all monuments are installed In accord with state standards and in a manner approved by the County Engineer. Ea D. 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 a . r pavement. x a t'4 •� 2.7. STREETS TO BE PRIVATE p. All platted streets within the project shall be the common '':_£ property of the project landowners. 2.8. IMPACT FEES The Citygote Commerce Park project shall be subject to ail impact fees appiiable 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 shalt be applicable to the Citygate Commerce Park project in accord with the terms of the ordinances which impose the fees. 13 tw 033 ►t .t'97 �F•��9 EIRE STATION SITE \` Citygate Commerce Park representatives shall confer with appropriate Golden Cate Fire Control and Rescue District representatives regarding the need for an additional fire station site in the vicinity of the 1-751CR 951 interchange. In the event that the Golden Cate Fire Control and Rescue District determines that a fire station site is appropriate on the Citygate property, the Citygate Commerce Park developer or successor(:) in title shall make the selected fire station site available, and shall contribute to its cost on a fair share basis. ; . 2AMP.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, cortxnon open space, streets, etc. 14 soar 033 r, " 08 SECTION III PROJECT DEVELOPMENT REGULATIONS 2611 PURPOSE The purpose of this Section Is to set forth the development regulations applicable to the Citygate Commerce Park project. .2 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 r the following: A. Principal Us": WEST OF THE FLORIDA POWER 9 LIGHT EASEMENT: 1. One gasoline service station or fuel dispensing facility 2. Hotels or motels Including Integral cocktail lounges 3. Retail sales and personal sales business" which are is Wk = PAQ '#J99 A r M M travelers and/or the Citygate Commerce Park market. Retail sales facilities shall not include shopping center type uses which would generate substantial trade from the residential neighborhoods in the vicinity. EAST OF THE FLORIDA POWER i LIGHT EASEMENT: 1. Light manufacturing and/or processing 2. Research, testing, product development 3. Service and repair businesses 6. Showrooms and sates centers in association with permitted uses 5. Storage and distribution uses 6. Publishing, reproduction, communications 7. Retaii sales and personal service businesses which are designed and operated to primarily serve the Citygate ~' Commerce Park market �v BOTH EAST AND WEST OF THE FLORIDA POWER i LICHT EASEMENT: 1. Restaurants, including fast food restaurants 2. Utilitarian, recreational, educational, and medical uses and services 3. Business and professional offices; financial institutions 4. Any other use which is determined by the Planning/ Zoning Director to be comparable and/or compatible with the 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 r Ordinance in effect at the time of application for the sign permit hj Y v y E 17 6'f. r M11 IOOK t/tJt) PAIA 101 rya YP v 4. Caretaker's residence subject to Section 8.40 of the Zoning Ordinance S. A perimeter security fence and/or wall, not to exceed i feet in height 6. Temporary sewage treatment fWlities In the area so indicated on the project Master Development Plan. Such temporary facilities may serve the project until public or other county approved off site sewerage service Is available. The temporary sewage treatment plant and all associated faciiities shall be set back a minimum of SO feet from the boundaries of the tract which it occupies. 7. Material which is excavated during construction of the lake which exceeds in amount the material required for development of the project mr• f be ror4v*d from the project. Approval from the County Engineer and the Planning/Zoning Director shall be required to assure no negative impacts on surrounding lands or on impacted roads. Mitigation measures may be required If deemed appropriate and necessary by the County Engineer and/or Planning/Zoning Director. it Ift 033 Flr.l 102 64 . a . 5 DEVELOPMENT STANDARDS y., r° A. Minimum Parcel Size: West of F.P. S L. easement: 1 acre East of F.P. S L. easement: 2 acres B. Minimum Parcel Width: West of F.P. S L. easement: 150 feet East of F.P. S L. easement: 200 feet C. Minimum Yards: West of F.P. t L. essament: front, side and rear yards: 23 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. t 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. sm 033 Fist 103 19 In those Instances 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. D. Minimum On Site Natural and/or installed Landscape Area: West of F.P. L L. easement: 201 of gross site area East of F.P. S 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: Hotels, motels and office buildings: 5 stories, except that such uses which are closer than 350 feet to the Golden Cate Canal may not exceed 3 stories. All other uses: 3 stories 20 100R 033 Pt A04 Tailor 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 Citygate project, and that it will not have negative impacts upon surrounding properties or be detrimental to the public welfare. �. Minimum Principal Building Floor Area: LOW square feet (Gasoline service stations an exempt from this standard.) C. Merchandise Storage and Display: There shall be no outside storage or display of merchandise. 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. ION 033 Pl :[ 105 I.V Parking/Loading: Offstr*at parking and loading spaces shall be provided In accord with this 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 bar -king Into, or out of, a street right-of- way Is unnecessary. J. Performance Standards: Noise, odor, vibration. glare (as differentistad 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 14 t 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. 4, The future performance characteristics of a given land use 104K = PAIA 106 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. K. Colden Cate Canal Buffer requirements: Development of sites which abut the Colden Cato Canal shall include installation of landscape and/or structural buffers which Insure that residentially zoned properties on the north side of the anal are not subjected to inappropriate views. Buffers shall be shown on site development plans as required by Section 2.5. B. 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 structure(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 Colden Cate Canal shall comply with the standards of Sectlon 3.37 of the Zoning Ordinance. The tree and shrub species, sizes, and spacing shall be approved during the Site Development Plan approval process, and if deemed to be necessary by the Planning/Zoning Director, shall be more extensive than requlred by Section 8.37. 11M 03311.t 107 1� �. Wetland Preserve Setbacks: When all or a portion of a wetland preserve is located on a building site. no building may be located closer than 20 feet and no pavement may be closer than 10 feet to the preserve boundary. Precise determination of the preserve boundary shall occur during the Site Development Plan review and approval process. Preserve areas shown on the Master Plan shall also be shown on the Subdivision Plat. along with a notation referencing the Citygate CGoerntrce Park PUD. �ooK U33 Pirl.lno UO :p. 24 11" SECTION iV ENVIRONMENTAL REQUIREMENTS 4A. PURPOSE The purpose of this 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. 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 been oriented to accommodate this goal. &Dk 0M ►l%f 109 2s F� 7" Native species shall be utilized, where available, to the r.. fi. 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 r'. 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 2` characteristics lost on the site during construction or due s° 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 ;s site development, a continuing maintenance program shall be Implemented to prevent rainvasion of the site by such exotic species. The maintenance plan,whirh describes control f 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 archmmloglcai 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. tux 033or-i 110 tlu� Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a 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 P Y P activities. E. Prior to development in surrounding areas, wetland preserve areas will be flagged by the petitioner. wetland boundaries will be subject to the review and approval of NRMD. F. To increase lake productivity and habitat values, lake side slopes 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, µ` NRMD can provide pertinent information concerning plant E, species). C. Petitioner shall design and implement a program to prevent .Fr and/or reduce populations of noxious/exotic plant populations within the Iske(s), specifically, PoPbut not limited to, preventing growth of hydrills ( drills verticillsts), water hyacinth (Elchhornls crasslaes), and 033 111 27 a Ito a lesser degree) cattails (7Yphe latl qU)t this program will be subject to the review and approval of NRMD. H. A survey for the presence and distribution of the protected Red Cockaded Woodpecker I Ncoides borealis) must be conducted by qualified personnel subject to approval by ' NRMD. Results of the survey must be Bade available to NRMD. Management plans shall be submitted for review and approval to the U.S. Fish and Wlidilfe Service and the Florida Came !' and Fresh Water Fish Commission and NRMD. If necessary, the ,s project design and PUD Master Development Plan shall be adjusted to Insure the survival of the protected species. Where applicable, due to development, components of plant coexnunities will be transplanted within preserve areas and/ or as landscape elements within the project. Examples of plant species appropriate for transplant would Include sabal palms (Sabal palmetto), and butterfly orchids IEncYclia tampensis) . J. 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. IOIR MWA49 i r 2e SECTION V TRAFFIC AND ENGINEERING REQUIREMENTS L PURPOSE I The purpose of this Section Is to set forth the traffic improvement requirements which the project developer must undertake as an integral part of the project development. 6.2. 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 CR 951 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 existing access road which extends southerly from CR 951 and then easterly parallel to 1-75 shall be reconstructed to a minimum four lane divided roadway from the CR 951 intersection to the southwest corner of the Citygate property at such time as traffic volumes on the road link warrants the four laning. to the event that a significant toot 033 prt 113 29 W M M fraction of the traffic on the road link is not generated by the Citygate project, the Citygate project shall pay a portion of the four Inning cost which is equal to its traffic Impact. C. 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. b. The dose spacing of the CR 95111andfill 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 entry/exit drives when site development plan applications for sites abutting the water plant access drive and the landfill access road are being reviewed. It shall be understood that the number of scces9 points will be limited in number. E. 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. 10k 033 PAS, 114 30 A M F. Traffic signals shall be Installed at CR 951 access points when deemed warranted by the County Engineer. The signals shall be owned, operated, and maintained by the County. The Citygate project shall pay a fair share portion of the signal installation costs. C. The above improvements are consisered "site related" as defined by Ordinance 6S-55 and shall not be applied as credits toward any Impact fees required by that ordinance. H. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shalt be issued unless and until approval of the proposed constructin In accordance with the submttlted plans Is granted by the County Engineer. I. An excavation Permit will be required for the proposed take In accordance with Collier County Ordinance No. 90-26. as amended by Ordinance No. 63-3, and as may be amended in the future. r sou W3 ►, :i 115 31 t �t 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 requlred 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. Ail water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer 104( 033Pi.t 116 32 facilities within the project, the facilities will be tested to insure they meet Collier County's utility construction requirements to 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 fadlitles shall be conveyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations to effect at the time conveyance is requested. 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 comnwncement of construction. C. All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County to accordance with the County's established rates. Should the County not be to a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project im 033oa I7 until the County's off -sit• water endlor sewer facilities are available to serve the project. D. It is anticipated that the County Utilities Division will ++ ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be In a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on -site treatment facilities and/or interim on -site sewage treatment and disposal facilities sdequata to meet all requirements of the appropriab regulatory agencies. E. An Agreement shall be entered into between the County and 9 7 r the Developer, binding on the, Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: w 1. The proposed water supply and on-slte treatment facilities and/or on -site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim, they shall be constructed to State and Federal IOOR O 118 W M M standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off -site water facilities and/or off -site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility facility(les) may not bt expanded to provide water snd/or sewer service outside the development boundary approved by the County without the written consent of the County. 2. Upon connection to the County's off -site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable,ln a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. 3. Connection to the County's off -site water and/or sewer facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of 600r< 030 Pt'.E �9 r7 connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of existing sewago pumping facilities or construction of new master sewage pumping facllltles, interconnection with County off -site facilities, water and/or sewer lines necessary to make the connection(s), etc. 4. At the time County off -site water and/or sewer facilities are available for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: a. All water and/or sewer facilities constructed in publicly owned rights -of -way or within utility easements required by the County within the project limits required to make connection with the County's off -site water and/or sewer facilities; or, b. All water and sewer facilities required to connect with the project to the County's off -site water and/or sewer facilities when the on -site water and/or sewer facilities are constructed on private r_� x M property and not required by the County to be located within utility easements, including but not limited to the following: i . Main sewage lift station and force main Interconnecting with the County sewer facilities Including all utility easements necessary: 2. Water distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project, including all utility easements necessary. S. The customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County at the time when County off - site water and/or sewer facilities sre available to serve the project and such connection is made. Prior to connection of the project to the County's off -site water and/or sewer facilities the Developer, his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer toot 033 rl,,t 121 37 i r shall also provide the County with a detailed inventory of the facilities served within the project end the entity which will be responsible for the water and/or sewer service billing for the project. "+ 6. All construction plans and technical specifications related to connections to the County's off -sits water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to y: commencement of construction. 7. The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations In effect at the time r of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. S. The County will tease to the Developer for operation and maintenance the water distribution and/or sewage collection and transmission system for the sum of $10.00 per year, when such system is not connected to the off -site water and/or sewer facilities owned and r' 4r I6K 033 P1, 22 V operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. The Lease, if required, shall remain in effect until the County can provide water and/or sewer service through its off -site facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. F. Data required under County Ordinance No. E0-112 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 DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. G. If an interim on -site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properiy sized to supply average and peak day domestic demand, to addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. 39 H. Construction and ownership of the water and sewer facilities, including any proposed interim water and/or sewage treatment facilities, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, Practices, etc. in effect at the time construction approval is requested. I. 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 the project. The reports shall list all design assumptions, demand rates and other factors pertinent to the system under the consideration. J. When the County has the ability to provide sewage treatment and disposal services, the Developer, his assigns or successors will be responsible to connect to these facilities at a point to be established by the County, with the Developer assuming all costs for the connection work to be performed. K. The County has not yet determined whether the Cltygate project will be designated as a treated sewage effluent receiving area. Prior to preparation of definitive central Ilk 033 wt J 24 40 M M M irrigation plans for the Citygate project. appropriate input shall be obtained from the county to insure that applicable county effluent use plans are complied with. if and when the county designates the Cttygate project as a treated sewage effluent receiving area, the Citygate Developer, his assigns or successors, shall construct the necessary facilities for use of the treated sewage effluent for irrigation purposes and potentially for fire flow purposes. The Citygate developer may be assigned responsibility for providing all required piping and pumping facilities from the County's point of delivery to the project, and may be required to provide wet weather storage facilities, as required by DER, consistent with the volume of treated effluent to be utilized. The treated effluent distribution system, if required, shalt be constructed pursuant to the findings of a detailed, county approved hydraulic design report. The report shall list all design assumptions, demand rates, end other factors pertinent to the distribution system. Treated effluent supplied to the project will be subject to the county's established rate schedule. L. Prior to approval of construction documents by the Utilities Division, the Developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public ou W3 41 Al. Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project. If an Interim treatment facility Is required. until the County can provide these services through Its water and sewer facilities. M. No septic tanks are permitted to serve permanent commercial, Industrial. or similar uses. Temporary septic tanks which serve temporary sales facilities or other temporary uses prior to the availability of central sewage treatment facilities may be utilized In accord with F.D.E.R. standards. N. Any establishment requiring a CCPHU permit must submit plans for review and approval. O. If a vegetative barrier Is placed around the package treatment plant and/or land disposal area, the ESPCD recommends that It be located In a manner so It does not affect the proper operation of the treatment process. k. P . The ESPCD recommends that the petitioner locate the land application site away from any drainage ditch and/or swale that may affect the proper, -,i operation of the land disposal site. M Ompzllm- 42 SECTION V11 RED COCKADED WOODPECKER MANAGEMENT PLAN The Red Cockaded Woodpecker IRCW1, icy iodes Borealis. is a protected species of pine forest dwelling wildlife. During planning of the Citygste project, several Red Cockaded Woodpecker nest trees were Identified on the site, and determination was made that a number of Red Cockaded Woodpeckers utilize some of the nest trees and forage on the pine forested portions of the Citygste site, as Weil as on adjoining off site pine forested lands. A Red Cockaded Woodpecker Management Plan was prepared, incorporated in, and approved as part of the Development of Regional Impact application. The elements of the plan have been incorporated in the Citygste Master Development Plan and this PUD document. The central feature of the Management Plan is an agreement to defer development of a 72+ acre area which embraces the nest trees, a buffer of pine forest around the nest trees, and a corridor of pine forest which connects the nest trees to each other and to existing off -site pine forested lands on which the birds now forage, so long as the birds continue their existing nesting pattern. The 72+ acre interim preserve area is indicated un the Master Development Plan, as are the nest trot locations and M foot diameter circles around each nest tree. After planning of the Citygste project was initiated, a forest fire severely burned a large portion of the liw OM „,.t 127 SIMMONS M Citygote site, Including approximately half of the interim preserve area. Many of the pines in the burned area have died, and the Florida Forest Service advises that pine death will continue for several years. The long term impact of the forest fire on utilization of the was by Red Cockaded Woodpeckers cannot be forecast with accuracy, but annual monitoring of the birds will provide the needed information. The following management/monitoring activities are an Integral part of the Red Cockaded Woodpecker Management Plan and of this PUC document: 1. Prior to issuance of construction approval for the streets, drainage facilities, utilities, etc. in a project development phase, a Red Cockaded Woodpecker survey utilizing approved methodology will be conducted to insure that the birds have not established nest cavities in the planned construction area. The survey shall occur within 60 days of the start of construction, and if it is determined that Red Cockaded Woodpecker nest cavities have been established in the construction area, determination shall be made by the agencies responsible for Red Cockaded Woodpecker protection taws as to the necessity of modifying the Red Cockaded Woodpecker Management Plan. 2. Annual Red Cockaded Wuodpecker surveys utilizing approved methodology will be undertaken until five years after final /0�11 OM PA:[ M 44 M M M buildout of the Citygote project, with results of the annual surveys to be furnished to the Florida Came and Fresh Water Fish Commission, the Southwest Florida Regional Planning Council, and Collier County within 30 days of survey completion. 3. Melsleua and other exotic vegetation within the Red Cockaded Woodpecker preserve area and elsewhere on the Citygete site will be eradiated, thus significantly enhancing the quality of RCW forage area on site. •. Excessive undergrowth will be controlled by burning and/or by use of mechanical equipment. S. Pine trees having a DBH of a inches or mom, located outside the RCW preserve but within the required yard and buffer areas in the remainder of the site, will be conserved to provide additional RCW forage areas. 6. Lands within the RCW preserve area may be utilized for limited recreational purposes such as walkways, jogging trails, picnic facilities, etc., so long as disturbance to native vegetation is minimal and the recreational activities avoid the RCW ntst trees. 111t = Fact 1" 43 7. Underground utilities and surface drainage swales may cross the RCW preserve area. '. The preserve area will be posted with signs which indicate that it is an RCW preserve and that disturbance of the birds is prohibited and unlawful. 9. Proposals to modify the Citygate Red Cockaded Woodpecker Managment Plan may be submitted at any time. Such proposals shall be supported by a current survey of on -site Red Cockaded Woodpecker nesting and foraging patterns, and such additional Information as Is required to evaluate the proposed Management Plan modification. The rationale for authorizing lands to be removed from the RCW preserve area may Include abandonment of the nest trees by the birds and/or a change in the character of the pine forest forage area, resulting in a loss of the habitat characteristics required by the RCW. Proposals to modify the Management Plan shalt be submitted to Collier County as an amendment to the Citygate PUD, with copies to the Southwest Florida Regional Planning Council and Florida Game and Fresh Water Fish Commission. The Southwest Florida Regional Planning Council and/or the Florida Came and Fresh Water Fish Commission may provide comments and recommendations to Coiner County regarding the proposed Management Plan modification. sm MWOO Pl X Owl M M M The Planning/Zoning Director shall prepare a recomimendation regarding the proposed Management Plan modification; an advertised public hearing shall be held by the Board of County Commissioners; and upon a finding of suitability the Board of County Commissioners may, by a majority vote, authorize the requested Management Plan modification. The Florida Game and Fresh Water Fish Commission has recommended to the Southwest Florida Regional Planning Council that a regional plan be developed which will result in the public acquisition of geographically suitable wildlife habitat whch is comparable in amount and character to wildlife habitat which is lost to the process of urbanization within the region. Commission wildlife biologists have stated that approximately 233 acres of the 237 acre Citygate site have the characteristics of Red Cockaded Woodpecker habitat. The Commission wildlife biologists have stated their expectatic.-i that, upon development of the Citygate site and surrounding lands, the existing Red Cockaded Woodpecker population will abandon the area, in spite of the establishment of the Citygate Red Cockaded Woodpecker preserve area and associated Red Cockaded Woodpecker management commitments. In the event a regional wildlife habitat acquisition plan is adopted, the purpose of which is to mitigate wildlife habitat loss to urban development to the region, the Citygate project shall 47 sow 033 Pr :i 131 be subject to such impact fees or other implementation measures as are lawfully enacted for the purpose of Implementing the regional plan. IOOIi .033 pv,132 48 no � of a 1MKYRl WL Ur ftANOM MOAft OOOM""Ok MOLL Be" I • AMOMTM WL 4A tomm"aOO me~ A 1MONAttf. wl 04" tMMftM Mml tea. & ABOMAIM OIL ?"*M dlMftM V. o r m n I.�J n WO N m m to � m � m 1 t ■ PIN t SON 033 Pt't 133 dos �l'�.' � � •1��1 N O O 1+1 N N N N 1� b„ `i 1 1 1 1 � r M N • N N �'+ H 04 Fw, *33 ap ao 7 ii saw OL N rs 0. 1- O a 033 /1 t M �r ` F J51, „� ' Ii "I of_�� • M � t • O 1•f � 1•1 1 � N) N N 1ff) IO SM V f� . r• V d Mm • A � q . n V:.1: wl w sou Mpwi 135 These sales and services will primarily serve interstate highway travelers and employees or businesses within the project, as opposed to functioning as a neighborhood shopping center. 1 The office category is limited to offices which are principal uses, and does not include offices which are ancillary, to and incorporated in other land uses, i.e. administrative offices within a light manufacturing or research and development firm. Most of the offices will have extensive interaction with businesses external to the project, but some will primarily function as servants of other land uses within the project. 1 Parking space and employee 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 rho shuttle to and from their piece 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 poois which increase the efficiency of 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. goo( U1J P,%I136 DEVELOPMENT ORDER 88- 2 RESOLUTION 88- m DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR CITYGATE COMMERCE PARK PLANNED UNIT DEVELOPMENT LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: WHEREAS, Vines and Associates, Agent, for Citizen's Southern Trust Company (Florida), National Association as Trustee for Land Trust #5360 Applicant, filed on April 15, 1987 with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as, Citygate Commerce Park Planned Unit Development in accordance with Section 380.06(6), Florida Statutes; and WHEREAS, Vines and Associates have obtained all necessary approvals and conditional approvals from the various Collier County agencies, departments, and boards required as a condition to Planned Unit Development (PUD) zoning and DRI approval; and WHEREAS, the Board of County Commissioners as the governing body of the unincorporated area of Collier County having jurisdiction pursuant to Chapter 380.06 Florida Statutes, is authorized and empowered to consider Applications for Development Approval (ADA) for Developments of Regional Impact; WHEREAS, the public notice requirements of Chapter 380 rlorida Statutes and the Collier county Zoning ordinance have f b"n satisfied; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the ADA on November 3, 1988, and P,.`t WHEREAS, the Board of County Commissioners has passed Ordinance 88-_Ll_ which rezoned the subject property to PUD1 and sow 033pr•E137 WHEREAS, Citygate Commerce Park ADA is also part of an -all rezoning application by the developer) and the issuance � development order pursuant to Chapter 380.06, glom ItW, does not constitute a waiver of any powers or rights rding the issuance of other development permits by the sty or States and WHEREAS, on December 13, 1988 the Board of County iissioners, at an open public hearing in accordance with :ion 380.06, Florida Statutes. considered the application for ilopment of Regional Impact submitted by Vines and miates, Agents the report and recommendations of the :hwest Florida Regional Planning Council (SWFRPC); the :ified record of the documentary and oral evidence presented :he Collier County Planning Commission; the report and mmondations of the Collier County Planning Commission; the mmondations of Collier County Staff and Advisory Boards; and comments upon the record made before this Board of County ■issioners at said meeting, hereby makes the following Sings of Facts and Conclusions of Law: FINDINGS OF FACT 1. The real property which is the subject of the ADA is legally described as set forth in the Planned Unit Development Document for Citygate Commerce Park attached hereto as Exhibit "A" and by reference made a part hereof. 2. The application is in accordance with Section 380.06(6), Florida Statutes. 3. The applicant submitted to the County an ADA and sufficiency responses known as composite Exhibit B, and by reference made a part hereof, to the extent that they are not inconsistent with the terms and conditions of this order. so« 033 Pa,,I 138 -2- 1. The applicant proposes the development of Citygate Commerce Park Planned Unit Development for 287.187 acres which includes: 90,000 square feet of commercial, 836,000 square feet of office, 1,920,000 square feet of Industrial, 250 hotel/motel rooms, and 80,000 square feet of public, utilitarian, recreational and educational space. 5. The Development is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06 (12), Florida Statutes, 6. The development will not unreasonably interfere with the achievement of the objectives of the adopted State Comprehensive Plan applicable to the area. 7. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SWFRPC. 8. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes. as amended. 9. The development is consistent with the land development regulations of Collier County. 10. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN: The project is located within the designated Urban Area by the 1983, Collier County Comprehensive Plan. The 231 acres east of the Florida Power i Light (FPiL) easement has been amended (ordinance 88-93) to an Industrial Land Use Designation. The area west of the FPiL easement (37 acres) is designated as Interchange Commercial. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Comissioners of Collier County, Florida, in public meeting, duly constituted and assembled December 13, 1988, that the Citygate Commerce Park Application for Development Approval submitted by Vines and Associates, Agent, is hereby ordered -3- &pproved subject to the following conditions as recommended by in response to their recommendation and the commitments specified in the PUD which are hereby adopted as conditions of approval of this Development Order: The control elevation for the overall surface water management system shall be based on the historical average wet season water table of this site. Each stage of the two -stage surface water management system shall c)mply with the South Florida Water Management District's "Basis of Review". For those uses that produce hazardous materials, the applicant shall prepare and submit a Hazardous Materials Management Plan to Collier County, Florida Department of Environmental Regulation (FDER), South Florida Plater Management District (SFWMD), and Collier County Division of Emergency Management for review and approval, prior to any certificates of occupancy being issued. The applicant shall coordinate with Collier County, FDER and the SFWMD in the development of a surface water monitoring maintenance and sampling program to help ensure achievement of state water quality standards, as specified in Chapter 17-3, F.A.C. All commitments made by the applicant within the ADA and subsequent sufficiency documents, not in conflict with the above recommendations, shall be incorporated as conditions for approval. The proposed project will be an all electric project and will increase the energy demand in the Region. The applicant has committed in the ADA to variety of conservation measures to help reduce the energy impact of the project. These measures shall be adhered to by the applicant. The applicant or his successor shall be fully responsible for site -related roadway and intersection improvements required within the Citygate Commerce Park DRI. The applicant shall be required to pay the full cost for any site -related intersection improvements (including but not limited to signalization, turn lanes, and additional through lanes) found to be necessary by Collier County for the project's access intersections onto CR-951 and Landfill Road throughout all phases of the development. Collier County and the applicant, shall limit the number of access roads from Citygate to CR-951 in order to preserve capacity on CR-951, a regional roadway. Adequate commitments shall be provided by the applicant for the necessary transportation improvements, including design and engineering, utility relocation, right-of-way acquisition, construction, construction contract administration, and construction inspection necessary to maintain peak season/peak hour LOS "D" for the following significantly impacted regional roadways through project buildout in 20039 CR-951 (Isles of Caori Roadl - Vanderbilt Beach Road to Golden Gate Boulevard - Citygate North Entrance to 1-75 - 1-75 to Davis Boulevard - Davis Boulevard to CR-864 (Rattlesnake Hammock Road) CR-846 flmmokalee Roadl - Airport-Pullinq Road to 1-75 CR-896 (Pine Ridge Roadl - Airport-Pullinq Road to 1-75 SR-84 tDavis Boulavardl - Airport-Pullinq Road to County Barn Road - Radio Road to CR-951 C. Adequate commitments shall be provided by the applicant for the necessary improvements, including but not limited to, right-of-way, cost of signalization, turn lanes, and other improvements deemed necessary by Collier County or the Florida Department of Transportation (FDOT), as appropriate, to maintain level of service "D" on a peak season/peak hour basis for the following significantly impacted off -site regional intersections through project buildout: CR-951 at SR-84 (Davis Boulevard) CR-951 at Golden Gate Parkway CR-951 at 1-75 ramps CR-951 at Rattlesnake Hammock Road CR-951 at Landfill Road (also a site entrance) SR-84 at Airport -Pulling Road SR-84 at Radio Road d. The timing for the initiation of the improvements outlined in recommendations "b" and "c" above shall be made at the time that a road segment is found to exceed LOS "D" on a peak season/peak hour basis, or a road intersection is found to exceed a peak hour level of service "D". Service level determination shall be made by Collier County or FDOT, as appropriate. To determine the existing levels of service on regional facilities and the need for improvements in a timely manner, the applicant shall submit an annual monitoring report to Collier County, Naples Area (Collier County) Metropolitan Planning Organization (HPO), the Collier County Transportation Department, FDOT, and the Southwest Florida Regqional Planning Council for review. The first nonitorinq report shall be submitted one year after the issuance of the development order for Citygate DRI. Reports shall be submitted annually until buildout of the project, and at a minimum, shall contain turning movements and traffic counts taken at the access points to the project, turning movements at each of the regional sot 033 PA,-t 141 -3- intersections listed above in recommendation "c", and a calculation of the existing level of service at these intersections and on the road segments indicated above in item "b". The levels of service shall be calculated according to current professional standards and should provide an indication of when peak hour/peak season LOS D is expected on impacted roadways and/or peak hour LOS "D" on impacted intersections. It will provide updated information to more accurately forecast project buildout traffic and total traffic for determination of proportional share. During each Phase, prior to the approval of any land use proposed in any subsequent future Phase, the applicant shall submit for County, Regional, and FDOT review, an evaluation of the transportation level of service conditions in the area and the anticipated impacts of each phase of Citygate. If this evaluation indicates that the assumptions on which the Development Order was based are being exceeded and that a substantial deviation had occurred or will occur during any Phase a full assessment of DRI Question 31 will be required. Based on the staff transportation assessment of significant project impacts, construction of the following transportation improvements shall be needed prior to, or coincident with, development of Citygate Commerce Park DRI (1988-2003) if peak season/peak hour LOS "D" conditions are to be maintained on regional road segments with peak hour level of service "D" in regional intersections. Regional Roadways and local roadways (including intersection/interchange improvements) ''&=981 (isles of Caflri Road) a-bAvis Blvd. to CR-864 (Rattlesnake Hammock Road) Widen to four lanes with a median (segment is programmed for widening in FY 1993-94) Phase 11 (1991-1994) Jtcs additional improvements are indicated. &1-75 to Davis Boulevard &Airport -Pulling Road to County Barn Road +Radio Road to CR-951 Widen to six lanes with a median Widen to four lanes with a median Widen to four lanes with a median -6- M M VA additional improvements are indicated. bhase V (2001-20031 4anderbilt Beach Rd. to Golden Cate Boulevard t!aaCitygate North Entrance to ., 2-75 ,'fAbaVis Blvd. to CR-864 y- (Rattlesnake Hammock Road) F CR-846 (Immokalee goad) -Airport-Pulling Rd. to I-75 ?'1-A46 (pine Ridge Road) ..aMtport-Pullinq Road to 1-75 Barn Road to CR-951 Widen to four lanes with a median Widen to six lanes with a median Widen to six lanes with a median Widen to six lanes with a median Widen to six lanes with a median Widen to four lanes with a median The listing above assumes that improvements required in an earlier phase are provided in that phase. The FDOT shall be involved in reviewing improvement designs and the identification of appropriate costs for improvements on the State Highway System to be used in calculating the applicant's proportionate share. These costs shall include all aspects of required improvements including design, utility relocation, drainage, construction and other related costs. Prior to building construction south of the planned east/west road abutting the County water treatment plant and west of the Florida Powor i Light transmission line easement, or no later than 6 months from the date of approval of this Development Orders FDOT shall be consulted in order that a determination can be made of the necessity to reserve I-75 interchange enlargement area for right-of-way acquisition by utilization of Chapter 337, Florida Statutes. As to each phase of development and prior to commencement of each phase of development either of the following conditions shall provide adequate WK 033►,st 143 -7- commitments for improvements indicated above to significantly impacted regional and local roadways intersectionss (2) and If annual monitoring reports confirm that traffic volumes on the road segments or intersections above exceed LOS "D" peak season/peak hour and the project is utilizing more than 51 of the respective level of service capacity, then building permits for any future phase shall not be granted until funding of the needed improvements for that phase is committed and construction has commenced. Building permits for the current phase shall be granted provided the level of service of the road segments and intersections above does not exceed LOS Et or The transportation impacts to the roads and intersections above shall be appropriately addressed consistent with Southwest Florida Regional Planning Council policies and with the minimum mitigative measures proposed by the Florida Department of Community Affairs in Rule 9J-2.0255, Florida Administrative Code Transportation Policy. The Regional Planning Council shall be consulted during the calculation of proportional share and/or pipelining of regional road improvements pursuant to the DCA rule. In the DCA rule formula, "trips existing" shall be defined to mean all non-DRI trips on the roadway (or intersection) existing at the same time as the DRI trips in the proportionate share calculation. The resultant DCA proportionate share formula shall be applied to the total costs of necessary roadway and intersection improvements. Golden Polypody Ferns and Butterfly Orchids shall be relocated to appropriate protected areas on -site. The 2.47 acres of wetlands preserve shown on the approved Master Development Plan shall be preserved. Prior to issuance of construction permits for an approved development phase of the Citygate project, a Red Cockaded Woodpecker (RCN) survey utilizing previously approved methodology will be conducted to insure that RCNs have not established nest cavities in the development area. The survey shall occur within 60 days of the start of construction, and if it is determined that RCN nest cavities have been established in the construction area, determination shall be made by the agencies responsible for RCW protection laws as to the necessity of modifying the RCN Management Plan. Annual RCN surveys, utilizing the previously approved methodology, will be undertaken until 5 year after final build -•out of the Citygats project, with results of the annual RCN surveys to be reported to Game and Fish Commission (GFC), U.S. Fish Wildlife Service (USFWS), SWFRPC, and Collier County within 70 days of survey completion. m 033pri144 ,:ate..., . -e- Proposals to modify the Citygate RCW Management Plan may be submitted at any time. Such proposals shall be supported by a current survey of on -site RCN nesting and foraging patterns, and such additional information as is required to evaluate the proposed Management Plan modification. Upon determination that the on site colonies in any area sought to be removed from RCW Preserve Area have been abandoned, and any required off site mitigation is being provided, appropriate modification to the RCW Management Plan shall be approved. Melalauca and other exotic vegetation within the RCW preserve area and elsewhere on the Citygate site will be eradicated, thus significantly enhancing the quality of RCW forage area on site. Excessive undergrowth will be controlled by burning and/or by use of mechanical equipment. Pine trees having a Diameter Breast Height (DBH) of 8" or more, located outside theRCWpreserve but within the required yard and buffer areas in the remainder of the site, will be conserved to provide additional RCN forage areas. East of the FPLL easement in the vicinity of the RCW preserve area as identified on the Master Plan the minimum parcel sizes are to be 2 acres; minimum yards are front 50' rear 50' side 251; not more than 20• of these required yards may be devoted to vehicular drives and parking spaces; at least 30• of each development site must be devoted to natural and/or installed landscape areas. Lands within the RCW preserve area may be utilized for limited recreational purposes such as walkways, jogging trails, picnic facilities, etc., so long as disturbance to native vegetation is minimal and the recreational activities avoid the RCW nest trees. Underground utilities and surface drainage swales may cross the RCW preserve area. The preserve area shall be posted with signs which indicate that it is an RCW preserve and that disturbance of the birds is prohibited and unlawful. When a regional mitigation plan is approved and implemented the applicant's plan shall be subject to the provisions thereof. All other commitments made by the Applicant either in the Citygate ADA or sufficiency documents, not in conflict with the above recommendations, shall be incorporated as conditions for development order approval. sow OM PA, 145 _o_ M a. No commercial, Service R i D and/or Industrial development shall be allowed until a package treatment plant or central processing plant is on line to serve the project. b. The applicant shall provide assurance that any hazardous wastewater will be segregated from everyday wastewater. If percolation ponds are used, they must fully comply with FDER Standards. FIRE PROTECTIONS a. Fire sprinklers shall be included throughout the project as required by applicable fire codes. b. The project shall participate in lawfully adopted, generally applicable fair share requirements to fund fire control district facility, equipment and personnel needs in order to mitigate project impacts. C. The applicant shall meet with appropriate fire district representatives during site plan review in order to incorporate any required features into the overall project design. SOLID WASTE, a. The applicant and subsequent tenants of the project shall investigate methods of reducing solid waste volume. The applicant and subsequent tenants shall identify the proper on -site handling and temporary storage procedures for any hazardous waste that may be generated on -site, in accordance with local, regional, state and federal hazardous waste programs. The applicant shall consider the utilization of "xeriscape" in the final landscape design for this project. This design application should help to further reduce irrigation requirements for this DRI. Water conservation measures and practices shall be utilized in the Citygate Commerce Park project. At a minimum, water conservation devices described in the Water Conservation Act (Chapter 551.14 Elorj¢a Statutes) must be used, landscape irrigation shall be restricted to the hours of 5 p.m. to 9 a.m., and non -potable water sources should be utilized for irrigation where possible. M 033 pirlt H6 9 The development shall satisfy the requirements of any ordinance, which also requires other developments not subject to Chapter 380.06, rlorida Statutes procedures to participate, to contribute its proportionate share needed to accommodate the impacts of the development: or Pursuant to Chapter 380.06(16), Florida Statutes, the applicant may be subject to credit for contributions, construction, expansion, or acquisition of public facilities, if the developer is also subject by local ordinance to impact fees or exactions to meet the same needs. The local government and the developer may enter into a capital contribution front -ending agreement to reimburse the developer for voluntary contributions in excess of his fair share. The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase I - 1994, Phase II - 1997, Phase III - 2000, Phase IV - 2003, Phase V - 2006, shall be incorporated as a condition of approval. If development order conditions and applicant commitments incorporated within the development order to mitigate regional impacts, are not carried out as indicated to the extent or in accordance with the timing schedules specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. The approved Citygate PUD document and Master Development Plan, as those documents may be officially modified from time to time, are hereby incorporated in and made a part of this Development Order and are entitled Exhibit "A", attached hereto. BE IT FURTHER RESOLVED, by the board,of County Commissioners of Collier County that: All commitments and impact mitigating actions provided by the applicant in the Application for Development Approval and supplemental documents and the Application for Public Hearing for rezoning and supplemental documents that are not in conflict with conditions or stipulations specifically enumerated above are hereby adopted by this Development Order by reference. The Development Services Director shall be the local official responsible for assuring compliance with the Development Order. m 033 pzi W This Development order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within five (5) years from the date of final approval of the Development Order, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. Pursuant to Section 380.06 (15) (c)3, Florida Statutes (1987), this project is exempt from down zoning or intensity or density reduction for a period of seven (7) years from the date of adoption of the Development Order, subject to the conditions and limitations of that Section of the Florida Statutes, provided that physical development commences within five (5) years as provided in Section 3 hereof. The applicant or its successors) in title to the subject property shall submit a report annually, commencing one year from the effective date of this development order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report shall contain the information required in Section 9J-2.025(6), Florida Administrative Code. Failure to submit the annual report shall be governed by Subsection 380.06 (18), Florida Statutes. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes. unless it is found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following is present: a. A substantial deviation from the terms or conditions of this development order, a substantial deviation to the project development phasing schedule, or substantial deviation from the approved development plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which were not evaluated in the review by the Southwest Florida Regional Planning councils or b. An expiration of the period of effectiveness of this development order as provided herein. w 033pmt148 19_ Upon a finding that either of the above is presented, the Board of County Commissioners of Collier County shall order a termination of all development activity until such time as a new DRI Application for Development Approval has been submitted, reviewed and approved in accordance with Section 380.06, Florida Statutes. The approval granted by this Development order is limited. Such approval shall not be construed to obviate the duty of the applicant to comply with all other applicable local, state or federal permitting procedures. The definitions contained within Chapter 380.06, Florida statutes, shall control the interpretation and construction of any terms of this Development Order. This Order shall be binding upon the Developer, its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner effect the remaining portions of this Order which shall remain in full force and effect. This resolution shall become effective as provided by Law. Certified copies of this order are to be sent immediately to the Department of Community Affairs, and Southwest Florida Regional Planning Council. DULY PASSED AND ADOPTED this 13th day of December , 1988., DATE: December 13, 1938 BOARD OF COUNTY COMMISSIONERS COLLIE& COUNTY F IDA 'D.AS Flo {ok Deputy Clerk AND LEGAL SUFFICIENCY COUNTY ATTORNEY s CtTYGATE RESOLUTION uK (1 prt 149 -13- ,"InTs o? FLORIDA 'MM Of COLLIER JAMES C. GILES. Clerk of Courts In and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing 13 a true copy of: Ordinance No. 89-23 and Development Order 88-2/Rcaolution 88-300 UhIch was adopted by the Board of County Commissioners an the 13th day of December. 1988, during Regular Session. RITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of December. 1998. JAMES C. GILES Clark of Courts and Clark Ex-offIcio to Board of County Comml*21 norm Maureen anyon Deputy Clark 1W 033 ?A-T 150 G CA MIIty Growth Management Department Zoning Services Section October 13, 2020 Ms. Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 RE: PMC-PL20200001979, Administrative Amendment to the City Gate Commerce Park MPUD Master Plan as adopted in Ordinance Number 2020-13. Dear Ms. Harrelson: This letter is in response to your application letter of October 6, 2020 requesting an administrative approval of a minor refinement to the adopted Master Plan for the subject PUD pursuant to Section 10.02.13.E.8 of the Land Development Code (LDC). The proposed change is to update the Master Development Plan, Exhibit A-i ofthe City Gate Commerce Park PUD (pages 1, 2, 4, and 4A) and Exhibit H of the of the RYP-Exhibit A-4 (page 29 of 29) by depicting the following changes for consistency with a replat as follows: • Relocation of City Gate Boulevard South • Proposed Lot Reconfiguration • Addition of a note regarding the size and shape of the Lake and Recreation Tract From the information depicted on the amended PUD Master Plan, it is the opinion of staff that the proposed minor refinements are consistent with the Collier County Growth Management Plan and with the criteria contained in the LDC permitting administrative approval of minor changes to an approved Master Plan. You may wish to have this letter recorded in the official records of Collier County as a permanent record of the variance approval. If you should have any questions, please do not hesitate to contact me. Sincerely, �n �' Raymon . Bellows, Zoning Section anager Planning & Zoning Division - Growth Management Department CC" PUD Correspondence file Laurie Beard, PUD Monitoring 0 Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 + 239-252-2400 . www.colliereotintyfl.gov 66 LL _1! 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FINDINGS OF FACT 1 The subject property is located wholly within Collier County, and encompasses 287.187 acres of land (the "DRI Property"). A location map, sketch, and metes and bounds legal description of the DRI Property are attached as Exhibit 1. 2. By virtue of Special Warranty Deeds conveyed to City Gate Development, LLC and CG II, respectively, copies attached as Exhibit 2, the Applicants own all of the DRI Property. 3. Each Applicant is a Florida limited liability company, and their principal place of business is at 159 South Main Street, Suite 500, Akron, Ohio 44308. The authorized counsel for Applicants are Donald A. Pickworth, Esq., 5150 Tamiami Trail North, Suite 502, Naples, Florida 34103, and Roger B. Rice, Esq., 5425 Park Central Court, Naples, Florida 34109. Page 1 of 14 4. On April 15, 1987, Applicants' predecessor in title applied to the County and the Southwest Florida Regional Planning Council for a Development of Regional Impact Development Order for authorization to develop the DRI Property in accordance with a plan of development set forth in the application. A copy of the Application for Development Approval (the "ADA") is attached hereto as Exhibit 3. 5. On April 16, 1987, and in conjunction with the filing of the ADA, Applicants' predecessor in title filed an application with the County to rezone the DRI Property from A -Agriculture to PUD-Planned Unit Development. A copy of the application for rezoning is attached as Exhibit 4 on a compact disc (CD). 6. On December 13, 1988, the Board of County Commissioners of Collier County (Board) adopted Development of Regional Impact Development Order 88-2 (the original "Development Order" or "DRI DO") authorizing the development of the property subject to the terms and conditions of the Development Order. A copy of the Development Order is attached as Exhibit 5. 7. Also on December 13, 1988, the Board adopted Ordinance 88-93, which rezoned the DRI Property from "A" -Agriculture to "PUD"-Planned Unit Development for a development to be known as City Gate Commerce Park (the "PUD"). A copy of the adopted ordinance and PUD document are attached as Exhibit 6. 8. The Development Order incorporates the PUD document and PUD Master Plan of the City Gate Commerce Park PUD, as described herein, which Master Plan is also shown in both as Exhibit H from the ADA (the "DRI Master Plan"). 9. The Development Order has been amended by Development Order Amendment 90-4, adopted August 28, 1990 (the "1990 DOA"), Development Order Amendment 95- 2, adopted February 21, 1995 (the "1995 DOA"), and Development Order Amendment 2000-02, adopted May 23, 2000 (the "2000 DOA", all of which are referred to collectively as the "Development Order Amendments"). Copies of each of the Page 2 of 14 Development Order Amendments are attached as Exhibit 7. .1 0. The Development Amendments relate solely to the schedules and order of development intended, among other things, to accommodate and implement a Red Cockaded Woodpecker Management Plan set forth in the 1990 DOA, which was adopted pursuant to the settlement agreement reached among the developer, the County, and the Florida Department of Community Affairs. Development Order Amendment 90-4 was adopted by the Board pursuant to a settlement agreement among the Applicant's predecessor in title, the County, and the Florida Department of Community Affairs, which had appealed the adoption of Development Order 88-2. Pursuant to Development Order Amendment 90-4, Applicants are not authorized to develop that portion of the DRI Property designated on the DRI Master Plan attached to the 1990 DOA as Phase III until certain conditions relating to the Red Cockaded Woodpecker have been satisfied. However, Applicants are authorized to develop that portion of the DRI Property within the area designated as "Phases I and Il" in the 1990 DOA. 11. The County has approved a subdivision plat for that portion of the DRI Property west of the 175 foot wide FPL easement, known as "City Gate, Phase One," recorded on March 22, 2004, in Plat Book 41, Pages 6 and 7 of the Public Records of Collier County, a copy of which is attached as Exhibit 8. 12. Based on associated construction plans corresponding to the recorded plat, the Applicant has installed subdivision improvements, including, but not limited to, roads, water and sewer lines, stormwater management facilities, and street lighting. 13. On September 1, 2004, Applicants submitted to the County for approval of a plat for a 72.9 acre industrial subdivision east of the FPt_ easement (the "City Gate, Phase Two Plat"). A copy of the proposed plat is attached as Exhibit 9. 14, The City Gate, Phase Two Plat development area covers only those lands within the DRI Property that are designated as "Phase I" in the 1990 DOA. Subdivision Page 3 of 14 phases and development phases prescribed by the 1990 DOA are not one in the same. 15. Pursuant to Part II, Chapter 163, Florida Statutes (the "Act"), and subsequent to the adoption of the Development Order, the County adopted a comprehensive growth management plan (the "Plan") on January 10, 1989. 16. As required by the Act, the County has adopted land development regulations pursuant to the Plan, said land development regulations having been initially adopted and codified in 1991 as the Collier County Land Development Code (the "LDC), said LDC also having been adopted subsequent to the adoption of the original Development Order. 17. In the course of reviewing the City Gate, Phase Two Plat, certain county staff personnel provided review comments indicating that the Applicants would be required to comply with certain native vegetation preservation requirements that were added to the LDC in 2003 and 2004 (the "200312004 Preservation Requirements"). 18. The Development Order and the PUD require an amount of native vegetation preservation equal to or greater in area than that required by the 2003/2004 Preservation Requirements, but the 2003/2004 Preservation Requirements require the preservation of a separate tract, and contain certain setback and buffering requirements. 19. Applicants have applied to Collier County, Florida (the "County") pursuant to LDC Section 9.02.01 for an acknowledgement or determination that the City Gate DR[ is vested such that the Applicants have the right to complete the development authorized by the City Gate DR[. CONCLUSIONS OF LAW 1. This Determination is rendered pursuant to, and meets the requirements of, LDC Section 9.02.01., which authorizes such an administrative determination by the Page 4 of 14 undersigned officials. 2. The VRD Application was timely filed, meets requirements for an application for determination of vested rights as set forth in Section 9.02.01 of the LDC, and is deemed complete pursuant to Section 9.02.01 of the LDC. 3. Applicants' assertion that their request for a VRD was filed in connection with an attempt by the applicants to resolve and settle issues arising from the County's apparent encroachment of County utility facilities appearing to be located outside of County easements on the DR[ Property and the apparent destruction of native vegetation and habitat on portions of the DRI Property states a lawful basis for requesting the relief sought. 4. The foregoing Findings of Fact, being uncontroverted and otherwise sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusions reached, are considered to constitute competent and substantial evidence, as those terms are construed by the Florida courts. 5. All PUD ordinances approved by the Board of County Commissioners of Collier County, Florida, including the City Gate Commerce Park PUD Ordinance, are considered to be incorporated by reference as if fully stated within the County's Land Development Code (see LDC Appendix F), and thus, provisions of the City Gate PUD, as well as those of the LDC along with the City Gate DR[ DO, and DRI DO Amendments, are the proper and lawful subject of this Vested Rights Determination. 6. Neither the filing of this Application, nor issuance of this determination, constitutes an acknowledgement or agreement on the part of Applicants that the vested rights sought to be declared and acknowledged by this Application do not otherwise already exist as a matter of law by virtue of applicable statutes, particularly, Section 163.3167(8), Florida Statutes, and this Determination is rendered without prejudice to any right of Applicants to seek adjudication of, or to enforce, such rights through appropriate judicial or administrative proceeding. Page 5 of 14 7. The Development Order Amendments referenced in Findings of Fact No. 9 above did not change the substantive development rights authorized by the Development Order. The DRI Master Plan, which is also the PUD Master Plan, and all development intensities, regulations, and commitments in the original Development Order are not altered by the Development Order Amendments. The Development Order as amended constitutes a valid unexpired development order and development of the DRI Property was timely commenced and has continued in good faith throughout. 8. The Development Order as amended is deemed consistent with the Plan, and the development standards and regulations in the DRI DO and the PUD are deemed to be generally consistent with the LDC. 9. The 2003/2004 Preservation Requirements are inconsistent with the prior, specific provisions for native vegetation preservation in the Development Order and the PUD. Thus, applying the 2003/2004 Preservation Requirements would materially and substantially alter Applicants' ability to complete the development authorized by the Development Order, even as previously amended. 10. Applicants have justifiably relied in good faith on the County's approvals of the Development Order, and each amendment thereto, as well the corresponding PUD, in acquiring and developing the DRI Property. ANALYSIS The conclusions reached and facts found above clearly show that: 1. the City Gate property is subject to a valid DRI development order adopted pursuant to Chapter 380, F.S.; 2. the Development Order was adopted prior to the adoption of the Collier County Growth Management Plan and the LDC which implements the plan, particularly the native vegetation preservation provisions added to the LDC in 200312004; Page 6 of 14 3. there have been no significant changes to the development authorized by the Development Order; and 4. the Development Order does not contain terms or conditions that require compliance with, or authorize the application of, later -enacted LDC provisions that are inconsistent with the DRI DO, as amended. The Development Order is "vested" to complete the development authorized by the Development Order by virtue of Section 163.3167(8), F.S., which provides as follows: "Nothing in this act shall limit or modify the rights of any person to complete any development that has been authorized as a development of regional impact pursuant to Chapter 380, or who has been issued a final local development order and development has commenced and is continuing in good faith." This statutory protection afforded to a development of regional impact approved prior to the adoption of a plan pursuant to Part II of Chapter 163 means that the County may not be lawfully permitted to apply later -adopted LDC provisions that would prevent Applicants from completing the development authorized by the Development Order. In the course of submitting development permits to the County for review, such as the Phase Two Plat, the staff has undertaken review of these development permit applications by applying provisions of the current LDC, which may not be permitted by Section 163.3167(8), F.S., and which if applied without Applicant's consent would materially and substantially affect Applicants' right to complete the development authorized by the Development Order. Therefore, Applicants have requested confirmation of their rights to complete the development authorized by the DRI and have sought specific direction to staff so that currently pending and future development permit applications are not needlessly delayed. Accordingly, it is clear that City Gate qualifies for, and should be afforded the protections of, Section 163.3167(8), F.S., as well as those provided for in LDC Section 9.02.00, et seq. Page 7 of 14 DISCUSSION A. The Local Government Comprehensive Planning and Land Development Regulation Act and City Gate's Consistency Part II of Chapter 163, Florida Statutes, known as the Local Government Comprehensive Planning and Land Development Regulation Act (the "Act') was enacted in 1985 and required local governments to adopt (or amend existing) comprehensive plans pursuant to the procedures and requirements of the Act within a specified time period. The Act required that the local government plan be certified by the Department of Community Affairs ("DCA" or, "the Department") as being compliant with the Act and criteria for plans were established by Rule 9J-5 of the Florida Administrative Code. In conformance with the requirements of the Act, Collier County adopted its first comprehensive Growth Management Plan on January 10, 1989. The Act also required local governments to adopt land development regulations to implement the comprehensive plan within a specified time period. Collier County adopted and codified its land development regulations (the "Land Development Code" or, "LDC") in 1991, and has enacted numerous amendments to the LDC since 1991, including a complete re -codification in 2004. The City Gate DR[ DO was approved only one month before the County's Comprehensive Plan was adopted. Thus, the DRI DO and PUD went through their approval process during the same time period, and were reviewed by many of the same staff personnel, as was the Comprehensive Plan. When the Comprehensive Plan was adopted, City Gate was found consistent with the Comprehensive Plan, and indeed, City Gate remains consistent with the Comprehensive Plan to this day. Similarly, the adoption of the codified LDC in 1991 did not create significant conflicts between the development rights in the Development Order and the provisions of the LDC. The consistency among the Development Order, the Comprehensive Plan, and the LDC continued throughout the years, and the initial construction on the project and the Phase One Plat were designed not only in accordance with the Development Order, but are constructed in accord with the LDC in effect at the time of platting. Page 8 of 14 Where not inconsistent with the plan of development (and even though not required to do so pursuant to the protections under Section 163.3167(8), F.S.), the Applicants have been willing to design and construct in accordance with the more recent LDC. For example, the LDC's Activity Center #9 regulations contain provisions for setbacks, buffering, and architectural themes that differ from or are not required by the Development Order. Nevertheless, Applicants have been willing to design and construct the subject project to meet these LDC requirements. In 200312004, however, the County adopted amendments to Division 3.9 of the prior LDC. This cited LDC division requires that the native vegetation to be preserved on site be set aside in a separate preserve. This provision is substantially different than the prior plan of development and the requirements of the Development Order. In the Development Order, native vegetation east of the FPL easement is preserved by minimum parcel sizes of two (2) acres, with minimum yard requirements of 50 feet front and rear, and 25 feet side, with a maximum of 20% of required yards devoted to parking or vehicular drives. Also, it is required that at least 30% of each parcel must be devoted to natural and/or installed landscape areas. It should be noted that the total amount of native vegetation to be preserved under the Development Order is consistent with, and in fact exceeds, the amount required by the current LDC. It is simply the placement and configuration of the preserve areas that are not otherwise "consistent." Thus, to apply the 2003/2004 refinements would materially and substantially affect the development rights granted by the DRI, and, if those regulations were applied in whole cloth they would prevent the completion of the development authorized by the DR] Development Order. The master development plan contained in the Development Order and PUD (Exhibit H therein) shows the development as a series of development parcels interconnected by a private internal roadway system. The imposition of one contiguous 30+ acre preservation tract conforming to the requirements of the 2003/2004 LDC amendments and also consistent with the master development plan would not be possible under the already approved DR[ DO master plan. This imposition would not only change the Page 9 of 14 character of the development, but could be adverse to the County's economic development interests as well. The County has acknowledged a critical shortage of high -quality light industrial areas that are well located with respect to transportation facilities. City Gate represents approximately 60% of the available acreage for this type of land use in the coastal area of the County. Further, the County's own comprehensive plan considers such development to be appropriate at this location. B. Legal Effect of the Bay Point Club Case There was no appellate case directly construing Section 163.3167(8), F.S., until 2004. In Bay Point Club, Inc. v. Bay County, 890 So. 2d 256 (Fla. 1st DCA 2004), the court considered the nature and extent of the protection afforded a DRI under Section 163.3167(8), F.S. See Exhibit 10, attached. Because of the significance of this recent case on the issues presented by this Application, it is discussed here in detail. The appellant -developer there, Bay Point Club, had purchased a small tract within a previously approved DRI and sought a change to the project's DRI development order., The project change proposed by Bay Point Club sought a height increase to a maximum of 12 stories, a doubling of the residential density, and the elimination of previously approved recreational facilities. Bay County denied the proposed change to the DRI development order on the grounds that the change was a substantial deviation and, must therefore, undergo full DRI review. Bay Point Club then appealed to the Florida Land and Water Adjudicatory Commission ("FLAWAC") and certain residents and the community association intervened. The case was transferred to the Division of Administrative Hearings (DOAH) for a determination. The issue of the requested change being a substantial deviation was abandoned, but all parties agreed the change was not a substantial deviation under Section 380.06 (19), F.S. Thus, the remaining issue was whether the proposed DRI change was 'See Bay Point Club v. Bay County, Florida Division of Administrative Hearings Case No. 01- 4890, Dec. 11, 2002 (the "DOAH Case") for a detailed exposition of the facts of this case. A copy is attached as Exhibit 11. Page 10 of 14 inconsistent or not with the Bay County comprehensive plan, and then whether the project changes could be approved in view of Section 163.3194 (1)(a), F.S., which requires that all actions taken with regard to development orders must be consistent with the local government's adopted comprehensive plan. Although not considered to be a substantial deviation by the parties, the DOAH decision went into great detail regarding the relatively small, but dramatic, change to the development being sought by Bay Point Club. The decision analyzed the existing development at Bay Point to determine the character of the neighborhood and found it to be a low rise, stable residential community comprised of predominantly permanent residents. Most structures were one and two stories in height, and the four buildings in the development that exceeded two stories were located '/4 to over Y/ mile from the proposed Bay Point Club project. After analyzing the character of the development, the DOAH decision concluded that the intensification of development proposed by Bay Point Club was inconsistent with the provisions of the Bay County comprehensive plan that sought to protect and preserve the character of the existing residential development. On that basis, the DOAH order determined that the project change was not authorized because it was inconsistent with the Bay County comprehensive plan. No mention of Section 163.3167(8), F.S., or vesting, however, was contained in the DOAH decision. On appeal, the vesting issue was that first squarely addressed by the reviewing court. The court began its opinion by stating "this case involves the extent of vested rights in a development of regional impact" and then rephrased the question before the court as: "Once a DRI has been approved by the regional planning agency, do all proposed changes not requiring additional regional review become vested development rights, exempt from any local government review and approval?" The court cited Section 163.3167(8), F.S., for the proposition that once a DRI has been approved the right to develop according to the DRI vests, and then stated that vesting Page 11 of 14 means development rights obtained through a previously approved DRI are not lost by subsequent changes in the law. The court then analyzed the proposed change to the Bay Point DRI and concluded that such changes, while not substantial deviations under Section 380.06 (19), F.S., nevertheless rose to the level of "significant development changes." Although the court recognized that a request for proposed changes would jeopardize vested rights because it seeks different development rights than those approved, the court accepted and confirmed that Section 163.3167(8), F.S., vests a developer's right to complete that development authorized by the DRI so long as the changes sought would not be considered "significant." Thus, so long as the project's proposed changes were not otherwise inconsistent with the local government's comprehensive plan, whatever development rights existed at the time of DRI approval would remain "vested." That is precisely what Applicants now seek for City Gate. No "significant development changes" to the development rights authorized by the DRI have been or are being sought. The only changes of any kind that have been made since the adoption of the Development Order are either those arising from the DCA's challenge (which resulted in DOA 90-4 providing for more stringent protection provisions for wildlife, mitigation, and listed species), or those initiated by the developer to obtain revisions to phasing and build -out dates in order to comply with the mandated wildlife, mitigation, and listed species management plans set forth in DOA 90-4. Thus, unlike the case in Bay Point there have been no significant development changes and, most significantly, there is no resulting potential for any inconsistency with the then effective Growth Management Plan provisions. As found above, the development has already been platted in part and is under continuing construction according to the City Gate's Plan of development. The second subdivision plat has been submitted for review and approval, and subdivision phases will continue to be submitted in future years to implement the plan of development shown on the DRI DO and PUD master plan. These plans are within the development intensities authorized, and are consistent with the development standards and regulations contained in the Development Order and the PUD. No increases in Page 12 of 14 development intensity or any other change to the development rights granted by the Development Order for all or any part of the project have been or will be sought. Applicants seek only to complete the development authorized by the DRI without being subjected to later enacted regulations, which if applied, would substantially and materially alter the approved plan of development. DETERMINATIONS Based upon the evidence submitted by the Applicants, deemed to be both competent and substantial, as well as the foregoing Findings of Fact and Conclusions of Law, pursuant to LDC Section 9.02.03., the undersigned are of the considered opinion and have now determined that the requested relief should be granted as follows: 1. Applicants have the right to complete development of the project at the intensities of development for the uses authorized by the DRI Development Order and PUD. 2. That any provision of the County's Growth Management Plan, as amended, or of the corresponding LDC provisions, as amended, which would purport to establish new or more restrictive requirements for development that would materially or substantially affect Applicants' ability to complete the development authorized by the Development Order are deemed not applicable, including, but not limited to, the 2003/2004 Preservation Requirements, subject to the Applicant's express agreement to the conditions for development order review by the County set forth in Exhibit 12, attached, entitled Required Yard Management Plan. 3. That, without limiting the generality of the foregoing determinations, and subject only to the express conditions for development order review set forth in Exhibit 12, attached, the vested rights determined to exist by this Order means that the express terms of the DRI Development Order, as amended, and corresponding PUD govern the location and amount of native vegetation required to be retained and preserved as well as the applicable setbacks and landscape area buffers, and provide all other regulations relating to native vegetation required to be preserved on the DRI property. Page 13 of 14 Other than expressly stated above, this Determination expresses no opinion and reaches no conclusion as to any aspect of the applicants/property owners' property or development rights that may be otherwise regulated by Collier County. DETERMINED AND ORDERED THIS/DAY OF { , 2005, ON BEHALF OF COLLIER COUNTY, FLORIDA. By its County Manager: James V. Mudd and By its County Attorney: 'a 6,A�, , �14 David C. Weigel Page 14 of 14 TABLE OF CONTENTS Exhibit 1 Location map, boundary sketch & legal description Exhibit 2 Special Warranty Deeds Exhibit 3 Application for Re -zone and Provisional Use Requirements Exhibit 4 ADA Exhibit 5 Development Order 88-2 Exhibit 6 Ordinance 88-93 Exhibit 7 Development Order Amendments 90-4, 95-2 and 2000-02 Exhibit 8 City Gate Commerce Center Phase One Plat Exhibit 9 Proposed Plat of City Gate Commerce Center Phase Two Exhibit 10 Bay Point, Inc., v. Bay Colony Exhibit 11 Bay Point, Inc., v. Bay Colony DOAH Case Exhibit 12 City Gate "Required Yard" Plan Last Page CD with electronic images of all of the above mentioned exhibits �1 �� ,,, - f� , *eel !!l?fii�i ��sILI, iEANlt@irl3ttti5■ HOLE, MCNTES AND ASSOC., INC. HMA File No. 85.23 CONSULTING ENGINEERS -LAND SURVEYORS 9 f 30/8 6 Sheet 1 of 2 LEGAL DESCRIPTION The North half of Section 35, Township 49 South, Range 25 East, Collier County, Florida LESS the West 100.00 feet thereof for right-of-way purposes and LESS the following described parcels: A parcel of land being a portion of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Collier County, Florida. Being more particularly described as follows: Commencing at the quarter Section corner, common to Sections 34 and 35, Township 49 South, Range 26 East, Collier County, Florida. Said quarter corner being marked with a 411 x 411 concrete monument having a 3--inch brass cap attached to the top thereof, with a 314-Inch iron pipe; thence along the Section line between said Sections 34'and 35, North 00029115/1 West, 1,382.43 feet to a point an the centerline of the 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 along said centerline of the proposed Access Road No. 1 North 89.031'0111 East, 100.00 feet to a point on the East right-of-way line of a canal, said point also being on the centerline of the proposed access road to the water treatment plant parcel; thence along said East canal right-of-way line North 00029115/1 West. 50.00 feet to a 411 x 411 concrete monument marking the Northwest corner of the proposed access road right-of-way to the water treatment plant parcel; and being the true POINT OF BEGINNING of the parcel to be herein described; thence along the North line of said access road right-of-way North 89031101" East, 456,51 feet to a 4" x 411 concrete monument marking the Intersection of said North right-of-way with the West boundary line of the water treatment plant parcel; thence along said West boundary line North 0094V 14" East, 994.98 feet to an Iron rod on the Westerly right-of-way of a strip of land 170 feet In width for a Florida, Power 5 Light Company (FPSL) right-of-way as described In Official Records Book 691, Page 1210, Collier County Records; thence along said Westerly FPSL right-of-way North 3103012811 East. 70.02 feet to an Iron rod; thence continuing along said Westerly FPsL right-of-way South S80301-03" East, 761.56 feet to a 4" x V concrete monument; thence continuing along -said Westerly FPSL right-of-way South 0004711471 West, 1,056.70 feet to a 411 x 411 concrete monument; thence continuing along said Westerly FPSL right-of-way South 00047114" West, 332.74 feet to an Iron rod marking the Intersection of said Westerly FPSL right-of-way with the South line of the North half of the South half of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Collier County, Florida; said point also being the Southeast corner of the parcel being herein described; thence along said South line of the North half of the South half of the Northwest quarter of Section 35, South 890041400 West, 690.82 feet to a 4" x 4" concrete monument; said f HMA File No. 85.23 9130/86 Sheet I of 2 point being the Southwest corner of the parcel being herein described; thence along the -West boundary line of said parcel North 0004711411 East, 653.80 feet to a 4" x 4" concrete monument marking the Intersection of the West boundary of the water treatment plant parcel with the South right-of-way of the proposed access road,to the water treatment plant parcel; thence along said South right-of-way South 89*31101" West, 454.28 feet to a 40 x 4" concrete monument marking the Intersection of said access road South right-of-way with the East right-of-way of a canal; thence along said canal East right-of-way North 00029115" West 100.00 feet to the POINT OF BEGINNING. AND A portion of the North half of Section 35, Township 49 South, Range 26 East; being described as follows: Begin on the South line of the North half of said Section 35, at a point North 89000101" East 100.00 feet from the Southwest corner of the North half of said Section 35. thence run North 001029115" West, 1,334.19 feet, thence South 04021108" East, 296.92 feet, thence South 02046125" East, 750.66 feet to the beginning of a curve concave to the Northeasterly having a radius of 336.00 feet, thence run Southerly along said curve 240.58 feet, through a central angle of 41001'29" to the end of said curve, thence South 430471540 East, 94.85 feet to the South line of the North half of said Section 35, thence South 890001012 West, 206.27 feet to the POINT OF BEGINNING, AND A portion of the North half of Section 35, Township 49 South, Range 26 East; being described as follows: Begin on the South line of the North haif of said Section 35, at a point North $9000101" East, 306.21 feet from the Southwest corner of the North half of said Section 35, thence run North 43047154" West, 94.86 feet to the beginning of a curve concave to the Northeasterly having a radius of 336.00 feet, thence run Northwesterly along said curve 240.58 feet through a central angle of 41001129" to the end of said curve, thence North 02"46'25" West, 750.60 feet, thence North 04021908" West, 296.92 feet, thence North 00029115" West, 85.00 feet, thence North 89031'01•" East,.64.42 feet, thence South 04021108" East, 378.34 feet, thence South•02046125" East, 751.56 feet, to the beginning of a curve concave to the Northeasterly having a radius of 266.00 feet, thence run Southeasterly along said curve 190.46 feet, through a central angle of 41001129" to the end of said curve, thence South 43047154" East, 159.68 feet to the South line of the North half of said Section 35, thence South 890oo'ol" West, 95.40 feet to the POINT OF BEGINNING. Containing 287.187 acres, more or less, HOLE. MONTES & ASSOCIATES. 1N6. r' '�� G Prepared by and LCIUM to: William A. Keyes, Jr. Attorney at Law Stewart & Keyes, P.L. 2125 First Street, Suite 101 Post Office Drawer 7" Fort Myers, FL 33902-07" 239-334-7477 File Number: 11588-1 Will Call No.: Parcel Identification No. 3216893 OR: 3336 PG: 2498 RECORDED in OFFICIAL HCORDS of COLLIER COUTT, IL 07/09/2003 at 01:18PR OVIGHT I. BROCK, CLERK CONS 7912053.00 He PII 19.50 DOC-.70 51894.70 COPIES 4.00 Retn: S?SWART & IITIS 10 DRORR 790 PT IITIRS PL 33902 0790 Space Above This Line For Recording Dotal Special Warranty Deed This Special Warranty Deed made this 9th day of July, 2003 between Richard K. Bennett as Successor Trustee of Land Trust No. 5360, dated the Sth day of April, 2985 whose post office address is 3319 Boca Clegg Drive, Naples, FI. 34112, grantor, and Citygate Development, LLC, a Florida Limited Liability Company whose post office address is 159 South Main Street, Suite 500, Almon, OH 44308, grantee: (whenever used herein the terms grantor and grantee include an the patios to this instrument and the heirs, legal ralmmentatives, and assigns of individuals. and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND N01100 DOLLARS (S 10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee. and grantee's heirs and assigns forever, the following described land, situate. lying and being in Collier County, Florida, to -wit: As described on attached Exhibit "A" Parcel Identification Number: The Grantor, as trustee, has the full power and authority to protect, conserve, sell, convey, lease, encumber, and to otherwise manage and dispose of said real property pursuant to F.S. 689.071. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Property is vacant acreage. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or tinder grantors. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTirriv Signed, sealed and delivered in our presence: �• OR; 3336 PG; 2499 Richard K. Bennett, as Sficcessor Trustee of Land Trust No. 5360, dated the 8th day of April 1985 State of Florida County of Collier The foregoing instrument was acknowledged before me this day of July, 2 by Richard K. Bennett as Successor Trustee of Land Trust No. 5360, dated the 8tlt day of A '1, 1985, who personally latown or j� has Suproccessor as identification. %} �� / [Notary Sea]) MY � � DD �04386 E CPM ApAl3% 2V t�.a nw ha�•r amt� tsaa�ae Printed Name: My Commission Expires: Special Warren y Deed - Raoe 2 boubleTims* EXHIBIT "A" LEGAL DESCRIPTION: OR: 3336 FIG: 2500 A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHW EST CORNER OF THE NORTH ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.89.00'01'E., ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID SECTION 35, FOR A DISTANCE OF 401.67 FEET TO A POINT ON THE EAST LINE OF ACCESS ROAD N0.1 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, THE SAME BEING THE'MINT OF BEGINNINQ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.430471540W., ALONG THE EAST LINE OF SAID ACCESS ROAD No. 1, FOR A DISTANCE OF 159.68 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE EAST LINE OF SAID ACCESS ROAD NO. 1 AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 266.00 FEET, THROUGH A CENTRAL ANGLE OF 41.0129', SUBTENDED BY A CHORD OF 186.42 FEET AT A BEARING OF N.23.1 1P10'W., FOR A DISTANCE OF 190.46 FEET TO THE END OF SAID CURVE; THENCE RUN N.02°4625'W., ALONG THE EAST LINE OF SAID ACCESS ROAD NO. 1. FOR A DISTANCE OF 751.66 FEET; THENCE RUN N.04021 VS*W., ALONG THE EAST LINE OF SAID ACCESS ROAD NO. 1, FOR A DISTANCE OF 290.48 FEET; THENCE RUN NAV31 V1'E., FOR A DISTANCE OF 383.95 FEET; THENCE RUN S.00047"140W.; FOR A DISTANCE OF 653.80 FEET; THENCE RUN N.89'0 WYE., FOR A DISTANCE OF 690.82 FEET TO A POINT ON THE WEST LINE OF A F.P.L. RIGHT-OF-WAY EASEMENT AS RECORDED IN O.R., BOOK 681 AT PAGE 1210. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, THENCE RUN N.00047'140E., ALONG THE WEST LINE OF SAID F.P.L. RIGHT-OF-WAY EASEMENT, FOR A DISTANCE OF 1,399.44 FEET; THENCE RUN N.58030'030W., ALONG THE WEST LINE OF SAID F.P.L. RIGHT-OF-WAY EASEMENT, FOR A DISTANCE OF 761.56 FEET; THENCE RUN 8.31°3028" W., ALONG THE WEST LINE OF SAID F.P.L. RIGHT-OF-WAY EASEMENT, FOR A DISTANCE OF 70.02 FEET; THENCE RUN S.00°47'14"W., FOR A DISTANCE OF 994.90 FEET; THENCE RUN S.89'31 V1 V., FOR A DISTANCE OF 456.51 FEET TO A POINT ON THE EAST LINE OF A 100.00 FOOT CANAL RIGHT-0E-WAY; THENCE RUN N.OWN15'W., ALONG THE EAST LINE OF SAID 100.00 FOOT CANAL RIGHT-OF-WAY, FOR A DISTANCE OF 1.260.44 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 35; THENCE RUN N.89013'018E., ALONG THE NORTH LINE OF THE NORTHWEST ONE-OUARTER OF SAID SECTION 35, FOR A DISTANCE OF 2,583.16 FEET; THENCE RUN S.00'44'19"E., FOR A DISTANCE OF 454.39 FEET; THENCE RUN S-10-15'16'W., FOR A DISTANCE OF 65.01 FEET, THENCE RUN 3.13634WE., FOR A DISTANCE OF 442.44 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT SEARS N.26'18'33'W., A DISTANCE OF 219.72 FEET THEREFROM; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 219.72 FEET, THROUGH A CENTRAL ANGLE OF 30°3B'48-, SUBTENDED BY A CHORD OF 116.01 FEET AT A BEARING OF S.79'04'51 *W.. FOR A DISTANCE OF 117.40 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 268.42 FEET, THROUGH A CENTRAL ANGLE OF 95'OS'390, SUBTENDED BY A CHORD OF 396.10 FEET AT A BEARING OF S.46050'26V., FOR A DISTANCE OF 445.50 FEET TO A POINT OF COMPOUND CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 307.71 FEET, THROUGH A CENTRAL ANGLE OF 28.56'34", SUBTENDED BY A CHORD OF 153.79 FEET AT A BEARING OF S.15010'40-E., FOR A DISTANCE OF 155.44 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 311.70 FEET. THROUGH A CENTRAL ANGLE OF 38*l V43', SUBTENDED BY A CHORD OF 204.50 FEET AT A BEARING OF S.10'29360E., FOR A DISTANCE'OF 208.42-FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 272.00 FEET, THROUGH A CENTRAL ANGLE OF 23°03'38% SUBTENDED BY A CHORD OF 108.74 FEET AT A BEARING *** OR: 3336 PG. 2501 *** EXHIBIT "A" (cont.) OF S.02'52'030E., FOR A DISTANCE OF 109.47 FEET TO THE END OF SAID CURVE; THENCE RUN S.77056'17W., FOR A DISTANCE OF 465.20 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS N.89048'09'W., A DISTANCE OF 715.00 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 715.00 FEET, THROUGH A CENTRAL ANGLE OF 19'474T, SUBTENDED BY A CHORD OF 245.61 FEET AT A BEARING OF S.10'05'44'W., FOR A DISTANCE OF 247.04 FEET TO THE END OF SAID CURVE; THENCE RUN S.19'59'38'W., FOR A DISTANCE OF 67.24 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90'49'47', SUBTENDED BY A CHORD OF 35.61 FEET AT A BEARING OF S.25025'1 WE., FOR A DISTANCE OF 39.63 FEET TO THE END OF SAID CURVE; THENCE RUN S.19009151'W., FOR A DISTANCE OF 60.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.1 9-09-51 'E., A DISTANCE OF 3,882.73 FEET THEREFROM; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,882.73 FEET, THROUGH A CENTRAL ANGLE OF 01'31'00', SUBTENDED BY A CHORD OF 102.77 FEET AT A BEARING OF N.70'04'40'W., FOR A DISTANCE OF 102.77 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1,015.00 FEET, THROUGH A CENTRAL ANGLE OF 2103610', SUBTENDED BY A CHORD OF 380.43 FEET AT A BEARING OF N.80007'15'W., FOR A DISTANCE OF 382.70 FEET TO THE END OF SAID CURVE; THENCE RUN S.89004'40'W., FOR A DISTANCE OF 42.46 FEET; THENCE RUN S.0004T14'W., FOR A DISTANCE OF 613.58 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID SECTION 35; THENCE RUN S.89000'01'W., ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID SECTION 35, FOR A DISTANCE OF 989.02 FEET TO THE POINT QF BEGINNING; THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF THE NORTH ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.89000'01'E. 3216897 OR: 3336 PG: 2524 RICORDID in OFFICIAL RECORDS of COLLIER COUNTY, FL 07/0912003 at 01:24PK DVIGAT 1. IROCK, CLERK Cols 8255709.00 Pared band return to: REC FEE 10.50 William A. Keyes, Jr., Attorney at Law DOC-.10 57790.60 Stewart & Keyes, P.L. COPIES 4.00 2125 First Street, Suite 101 Post Office Drawer 790 Retn: Fort Myers, FL 33902-0790 STEWART i 9111s 239-334-7477 10 DRAM 790 Will Call No.: 17 N7E18 FL 33902 0790 File Number: 11587-1 Parcel Identification Number: [Space Above This Line For Recording Data] _ Spectai Warranty Dees This Special Warranty Deed made this 9th day of July, 2003 between Richard K. Bennett ai Successor Trustee(s) of the Land Trust No. 5360, dated the 8th day of April, 198S whose post office address is 3319 Baca Ciega Drive, Naples, FL 34112, grantor, and CG II, LLC, a Florida Limited Liability Company whose post office address is 159 South Main Street, Suite 500, Akron, OH 44308, grantee: ( Whenever used herein the terms grantor and grantee include ail the parties to this instrument and the heirs, kgal representatives, and assigns of tndividuais. and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the stun TEN AND NOI100 DOLLARS (S 10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County Florida, to -wit: As described on the attached Exhibit "A" The Grantee, as trustee, has the full power and authority to protect, conserve, sell, convey, lease, encumber, and to otherwise manage and dispose of said real property pursuant to F.S. 689.071. Grantor warrants that at the time of this conveyance, the subject property is not the Grantoes homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Property is vacant acreage3319 Boca Ciega Drive, Naples, FL 34112. Together with all the tenements, herediuments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said Iand in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully wan -ants the title to said land and will defend the same against the lawful claitrts of all persons claiming by, through or under grantors. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoudleTimse Signed, sealed and delivered in our presence: rIf A.1 w ess Name: S •- Lykvt-tj le Alt / Witness Nance: KEY OR: 3336 PG: 2525 4. Richard K. Bennett, as S essor Trustee of Land Trust No. 5360, dated the 8th day of April,1985 State of Florida County of Collier The foregoing instrument was acknowledged before an this �vday of July, 2003 by Richard K. Bennett. as Successor Trustee of land Trust No. 5360, dated the 8th, who Leis personally known or Lj has produced as identification. NNotary Seal] FigANY caMnn�SM IDDIMI EXPIRES:ApN3.2G06 9apitl 71Moi Naary Puhrc Untlrn Notary Public Cl CHERRY R. KEY Printed Name: My Coannission Expires: Special Warranty Deed - Page 2 DoubieTimes EXMIT "A" LEGAL DESCRIPTION: OR: 3336 PG: 2526 A PARCEL OF LAND LOCATED 1N A PORTION OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTH ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.89°00'01"E., ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID SECTION 35, FOR A DISTANCE OF 1.390.69 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.00°47140E., FOR A DISTANCE OF 613,58 FEET, THENCE RUN N.89"04i40"E., FOR A DISTANCE OF 42.46 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,015.00 FEET, THROUGH A CENTRAL ANGLE OF 21 °36'10`, SUBTENDED BY A CHORD OF 380.43 FEET AT A BEARING OF S.80TT150E., FOR A DISTANCE OF 382.70 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,882.73 FEET, THROUGH A CENTRAL ANGLE OF 01-31 W, SUBTENDED BY A CHORD OF 102.77 FEET AT A BEARING OF S.70004'40'E., FOR A DISTANCE OF 102.77 FEET TO THE END OF SAID CURVE; THENCE RUN N.19009'51 "E., FOR A DISTANCE OF S0.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.19W51'E., A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°4947", SUBTENDED BY A CHORD OF 35.81 FEET AT A BEARING OF N25°25'16"W., FOR A DISTANCE OF 39.63 FEET TO THE END OF SAID CURVE; THENCE RUN N.19059180E., FOR A DISTANCE OF 9724 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 715.00 FEET, THROUGH A CENTRAL ANGLE OF 19°4T47', SUBTENDED BY A CHORD OF 245.81 FEET AT A BEARING OF N.10"05'44"E., FOR A DISTANCE OF 247.04 FEET TO THE END OF SAID CURVE; THENCE RUN N.77656'1 TE., FOR A DISTANCE OF 466.20 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS N.75°36'08'E., A DISTANCE OF 272.00 FEET THEREFROM; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 272.00 FEET, THROUGH A CENTRAL ANGLE OF 23°03'38', SUBTENDED BY A CHORD OF 108.74 FEET AT A BEARING OF N.02-52'03'W., FOR A DISTANCE OF 109.47 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 311.70 FEET, THROUGH A CENTRAL ANGLE OF 38`18'430, SUBTENDED BY A CHORD OF 204.56 FEET AT A BEARING OF N.100291360W., FOR A DISTANCE OF 208.42 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY, THENCE RUN NORTHERLY, ALONG THE ARC OF $AID CURVE TO THE RIGHT, HAVING A RADIUS OF 307.71 FEET, THROUGH A CENTRAL, ANGLE OF 2865614", SUBTENDED BY A CHORD OF 153.79 FEET AT A BEARING OF N.15010'40"W., FOR A DISTANCE OF 155.44 FEET TO A POINT OF COMPOUND CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 268.42 FEET, THROUGH A CENTRAL ANGLE OF 9500539", SUBTENDED BY A CHORD OF 396.10 FEET AT A BEARING OF N:46°5026"E., FOR A DISTANCE OF 445.50 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 219.72 FEET, THROUGH A CENTRAL ANGLE OF 30°36'48", SUBTENDED BY A CHORD OF 116.01 FEET AT A BEARING OF N.79.04'51'E., FOR A DISTANCE OF 117.40 FEET TO THE END OF SAID CURVE; THENCE,RUN N.139UV2"W., FOR A DISTANCE OF 442,44 FEET; THENCE RUN N.1061518'E., FOR A DISTANCE OF 65.01 FEET; THENCE RUN N.00'44'19"W., FOR A DISTANCE OF 454.39 FEET TO A POINT ON THE NORTH LINE *** OR: 3336 PG: 2527 *** EXHIBIT ' Al (cunt.) OF THE NORTH EAST ONE -QUARTER OF SAID SECTION 35; THENCE RUN N.89013'010E., ALONG THE NORTH LINE OF THE NORTH EAST ONE -QUARTER OF SAID SECTION 35, FOR A DISTANCE OF 2,599.31 FEET TO THE NORTHEAST CORNER OF THE NORTH ONE-HALF OF SAID SECTION 35; THENCE RUN S.00°55'48'W., ALONG THE EAST LINE OF THE NORTH ONE-HALF OF SAID SECTION 35, FOR A DISTANCE OF 2,673.79 FEET TO THE SOUTHEAST CORNER OF THE NORTH ONE-HALF OF SAID SECTION 35; THENCE RUN S.69000'01'W., ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID SECTION 35, FOR A DISTANCE OF 3,825.78 FEET TO THE POINT OF BEGINNING: THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF THE NORTH ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.89900'01 "E. +' PETIi10N NUMBER =+ r DATE Z -- — APFLIOLTION FOR PUBLIC $FARING FQR ' REZONE AND PROVISIONAL USE RETET-S COMMITY DuELOPMT DIVISItDI PLANNING DEPARTMENT Citizens 6 Southern.Trust Company (Florida) plicant (s) Hates. Association, Wapies, Florida as Trustee Under Name of AP , ppplicamt'a Ma;.liag Address F. 0 . Box 1 SS7 City Naples grate Florida Zip 3393�9-"1857 gnu (9131 263--2311 Appli.caat's Telsphous N=ber: Res .: , Yas No `:' applicant the owner of the subject property? x Is tis� app X (a) 'indicate and name beneficiaries below. If applicant is a land trust, so (b� If applicant is corporation other than a public corporatio-A& so indicate and name of ficsrs and X&jor stockholders below. (c) If gppl,icaut is a p8rtasxship, l.imi,ted partnership or other .busiuess entity, so indicate and name principals below. (dIf appiicant is an owner, indicate exactly.As recorded, and list all other owners, if ary. () If applicant lesece, attach copy of lease, and indicate actual owners if not iadicate�d on the lease. {) if applicant is a contract purchaser. attach cagy of contract. and �r indicate actual OvuQr (s) name and address • below. See page 2 of the: DRI application (If space is:inadequaie,•attach on separate page. Z. Nsane o£ Ageair liliiiiiatsi R: -Vines Fdrm -Vines 8. Associates, Inc. Aadrea6 -715.•Ten•th Street. South . Ajents 13ng . • Florida 33940 City Naples State Zip Bus .a (813) 262-4164 Te2.ephoo�e Number --I;- 1 SP DETAILED LEGAL DESCRIPTION OF THE PROPi TY C8'VERED BY TFiE tazmoreOthaa£oneace is ,dequate, attach an separate page. If request involves change ach zoning district, include separate legal description for property Involved � toe district. If p'raparty is odd abaped. auBnit faux (4:) copies of survey scale) . DESCRIPTION. 117 QUESTIONS T11E APPLICANT %.S RESPONSIBLE FOR. SVP? F� NGAI4 B;t THE CORK' STC RT FiCAT QRRE N SHALL $E REQVXRM ARISE CQNCEBKIbjG THE 35 Tf7WN5i3TP S RANGE 2.6 E SECTION ee attached legal descriptior, 4. Size of property.ft. X _ ft, Acres 287.7$7 5. Address or locatiau of subject Property Northeast c6adrant of 1-75 and SR 951 6. Existing land elevation 10.31to 12.2'County Flood Criteria Elevation not -applicable a. Date. subject property acquired t� or leaned () : ice2 dry of August 14 85 Tartu of lease �r rs./nos. b. .If, Petitioner -has option to buy, indicate data of option: and date option terminates: ' 8. Does property owner e�m contiguous property to the•subject ty(if space isin- .coatp'lete legal. description Of autxre cant3guaus property, adequate; attach as separate page). Na g. THIS APPLICATION IS INTIRME1i TO COVEL: (Check which type of petition you are requesting): . X A. REZONING. PRESENT ZONING BE�ff�STFD ZONING PUD FOR M�� use cmmeecial/industrial/of€icelrelated services- E. PROVISIONAL USE OP ZONING FOR �X C. SUBDIVISION �MTER PLAs APPROVAL (Required of all PUD's). f. REASON WHY APPLICATIONSHOULD BE APPROVED (Attach additional sbeets if uecessary): s objectives and pot icieS o Plan. r 11. IS pRQpOSED USE pROSIBITED BY DEM RESTRICTIONS? YES X� 0 IF YES: pROVIi}E COPX OF THE D$EO RFSTBYCTIDNS. l�. I5 TiiI3 REQUEST A-RESi1LT OF A VIOLATIODS? No IE $Q, TO iE�1 WAS THE NOTICE !SERVES]? 13. HAS A gi]i3LiC iiEE�RING BEEN HELD ON THIS PROPER 1' 'WITHIN THE LAST Y ? Ir Sa , IN WHOSE -MME? No TYPE: 14. ARE THiRE EXISTING STRUCTURES ON THE Py PERTY? NO C �� yea ME , MOBILE H� GTHE,R 1.i7� !�s �+rw aPID T Naples Florida Citizens S Southern Trust Company (Florida} being firstAssociation, Naples, depose and I' as Trustee Under Land Trost J 5361 y that I ache per of the property desGrihed herafa and which is the subject matter f the pxeIras�d heax3.r�g; that all the answers to the questias�s in this apPlarttofatlaisd ,ll sketches,' data, and ocher. supplemertary matter attached to and made a I understand application, ardge and e haneat acomnd true letedoandes�caurate before aknowl best of my . eheariag can bebelief•adverrised'. I this application must be p matters regaxding•this further permit the undersigned to act as mar represeatar3ve is say Pgtitiaa. Citizens and Southern Trust Company as Try s and Tract No. 5360 �Y -'- 7 ,00 To ANn S`II85CRY BED BZFFORE ME THIS f 3 � ])AY OF 1��-- L�4 17 pa C ' 7V C0aKZS1N WIRESi .. ��-•w�.w� _ �� -f :.rlw:_� ........ F t.- ce r µ ucilicy Provisions • . for Itcaone & Provisional Uses 1. X.'.M Citizens & Southern Trust Company (-Florida) 2. JUMLTSS: c/o William R. Vines, Agent; 715 Tenths Street South . Naples, • Florida 33940 . 3. PIIOHE: (813) 262-4164 4. LEGAL DESCLU'TXOX -- see Attached 5. TYPOF SE,,;aGE DISPOSAL. TO BE PROVIDED: COUNTY SYSi'EM B. CITY SYST-.4 C. F11JU Ci1ISED SYST&I D. P+lLC,��Cy.KAGE TyR+E�AAnlENI PST x CAPACi�Y (MM) 22Q 000t .Td} E. IC S YS J EX 6. TYPB OF WATER SERVICE TO -BE PROVIDED: A. COS rry SYSTEM K B. , .CITY SYSTEM C. •. FRAXPHISE SYSTEK D. PILIVATz SYSTEM , 7. TOT& POPULATION TO BE SERVED equivalent ..:..,�,..; . ; a•16,• ►. • ` S. PEAT AHD AVERAGE DAILY DF.iiANiiS. (ultimate) 1. WATER - FEAK 535;Ot3DGPD AVERAGE- DAILY 214.000 GRD _ _, 2.'.. SEWER _ PEAK 535 , 000 6PD AVERAGE pAILY- 214.000 GPD - q. IF VROPOS I::G TO CONNECT TO REGIONAL WATER -SYS E14 ALOSG SR-95I . D&A E SERVICE WILL BE REQUXM 1988/89 i �O. nlir, CONCISE NARILLTIVE AZID SCHEIKA:TIC DWI= OF THE SERFAGE TREATHE.NT PAOdESS TO BE USED AS WELL AS A SPECIFIC STATMIMT REG,'M'NG TIDE MaROD OF 4FFLUENT &ND SLUDGE DISPOSAL. IF FERCOLdTIOk PO;RDS ARE TO BE USED. THEI $ERCOLATION DATA .OF SOILS INVOLVED SHALL uE PROVIDED FROM TESTS -� PREPARED BY A PROFESSXOXAL EXCINEER... Phase I anticipated. to' be , an extended aeration package treatment plant prodding secondary treatment with onsite effluent disposal. Facility will be expanded as necessary with.growth-af project or -until. County sewer.service is avallable• Conversion to contact stabilization process may be -made at about the 100.b00 GPD level. 11. A STATLMOT, IN WRITI.C, SIGNED.BYTHE OWNER SHOULD BE PROVIDED AGREEING TO DEM TO THE COUNTY WATER -SE rit DISTRICT THE WATER DISTRIBUTION AND SEWAGE, COLL£CTIMS FACIL=lES w7:T$I.`i THE PROJECT AREA UPON COI°L'T ION OF THE CONNSTRUCTION OF THESE FACILITIES IN ACCORDANCE WITH APPLICaLE C0tTl%= ORDLNAN,6 C: S. THIS sST&TM�MT SHOLLD ALSO LUICLUDE AGREEMENT THAT APPLZ=LE SYSTEM DEVELDF*,PiT CHARGES AND CaNNZ TIO�i FEES �,7IY.L BE pA1D Tii T COL ITY WATER-SEir"ER DISTRICT PRIOR To THE ISSUANCE OF BU=L"1G PZLMITS BY THE COu= BUILDING DEPART=. THE. STATMIMT ' SBOUM ALSO CONTAIN' AGR-wnjoT TO DEDICATE APPROPRIATE L2TniiY EASm=S FOR SmimnG TEE wATn ADID SnZER SYSTB`'i5 , THE REQUIRED COMIDNT WILL BE INCORPORATED IN TEE P.O.D. DOCUMM FOR FOR OFFICE USE ML.Y APPROVED COMMITS: 1 r 1 UTILITY BIRELXOR nm JFM/sh - 8/21184 CITYGATE COMMERCE PARK PLANNED UNIT DEVELOPMENT DOCUMENT Prepared by nines & Associates, Inc. 715 Tenth Street South -Naples, Florida 33940 Phone: (913) 262-4164 Date Filed - Date Approved by CAFC : Date Approved by • BCC• Ordinance Number: I NDEX SECTION PAGE I PROPERTY OWNERSHIP AND DESCRIPTION 1 - 4 11 PROJECT DEVELOPMENT 5 -- 12 Ill, PROJECT DEVELOPMENT REGULATIONS 13 - 19 IV=' ENVIRONMENTAL R8QUIREMENTS ZD V TRAFFIC AND ENCINEERING REQUIREMENTS 21 VI: UTILITIES REQUIREMENTS 22 ATTACHMENTS: MASTER DEVEI-OPMENT PLAN TABLE 12.B.3. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1. PURPOSE The purpose of this gection 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: CITYCATE COMMERCE PARK. 1.2. 'LEGAL DESCRIPTION The subject property is 287.187 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 6 Southern Trust Company ( Florida I' 14ational Association, !Naples, Florida, P.O. Box 18S7. Naples, Florida 33939-'1857. The 1a4nd 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. 1 1.4. 'GENERAL DESCRIPTION OF PROPERTY AREA A. The 287.187 acre tract ties in the northeast quadrant of the 1-751 SR 951 interchange. The property is bounded on the west by SR 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. 1.5. EHYSICAL 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 are limited to about 28.5 acres, most of which has been previously subjected to extended periods. of over drainage 1F Fnd exotic vegetation invasion to such an extent that the environmental agencies indicate that they are ndt suitable patural' area preserves. Most of the property is vegetated with mine and assoclated upland plants. Sail types on the property include Arzell, Keri, -and Pompano Fine Sand. i 2 • r t !Water management for the Citygate Commerce Park Pralect is to be the lake and natural . surface detention type. Surface water :discharge will be to the north into the Golder' Gate Canal through a single control -structure. 1.6. STATEMENT OF COMPLIANCE Development of Citygate Commerce Park as a• Planned Unit Development will -comply with the planning "Is and objectives of .Collier County as set forth in the Comprehensive Plan. The Comprehensive Plan Policy which most specifically relates to the i iCitygate project is 'Policy "l)" of Objective 3: OBJECTIVE 3 An appropriate mix of land uses to provide for the present and future needs of .Collier County. Guide economic development to encourage.a diversification of -the county's economic base and to meet the employment needs j .. of present and future residents. ! Compliance with the Comprehensive Plan rests an the i• following factors: E 1. The Citygate property meets the Comprehensive Plan rating point system with respect to the availability of public services and facilities. 3 i 2. The planned project constitutes a use mix which is appropriate to the location. 3. All project improvements will c=npiy 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. 5 4 SECTION Il PROJECT DEVELOPMENT 2.1. PI RPOSE The purpose of this Section is to describe the basic -development objectives and to generally describe the project development plan, 't - ENER L p, Citygate 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 SR 951 west of the F.P. & L. easement will. provide a variety of commercial services to highway travelers, with a special emphasis on the provision of service to lntsrstate travelers. The remainder -of the sites. both east and west of the F.P. 6 'L.' easement, will be utilized by gmwercial and ' industrial firms associated with technological research, product development, light manufacturing, storage and distribution, offices and a wide variety of utilitarian and commercial support businesses. It is anticipated that some of the Citygate land uses wil) be linked with educational institutions. Citygate Commerce Park will provide sites which accommodate a variety of entrepreneurial activities in a physical. setting which is spacious, attractive, and free 5 of the nuisance type characteristics which are typical of industrial districts ' of the past. A primary development objective of Citygate 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 he governed by the contents of this document and applicable sections of the Collier County Zoning Ordinance. Unless otherwise noted. the definitions of -all terms shall be the same as the definitions set forth in the Collier County Zoning Ordinance. 2.3. PROJECT PLAN 0 A. The Master Development Plan for the project is Indicated on Map ( H ) of the Application for Development Approval and is an integral part of -this PUD document. A reduced version of i the Master 'Development Plan is attached et the rear of this document. Elements of the Master Development Plan. include: 6 r f i - 'A Land Use Acres Streets 21 Lake 35 Common Lands 10 F.P. & L. Easement 32 Building sites 209 Total 287 Project development shall conform to the approved Master Development Plan in general and to the approved Subdivision Construction Plans. B. In addition to the plan elements shown on the Master Development Plan, such ' eascements and rights -of -way shall be established within or adjacent the project as may be necessary or desirable for the service, function or convenience of the project. 'c. The Master Development Plan is also the Subdivision Master Plan. 2.4. MAXIMUM DEVELOPMENT. INTENSITY Development intensity permitted within Citygate commerce Park 'shall be limited to the amount of building development, number of :etnpioyees, and number of parking spaces set - forth in Table reproduced from the Citygate Commerce Park. A . D. A . , and attached at the rear of this document. The amount of building 7 development devoted to the various land uses which will occupy the project may vary from .the estimates incorporated in the but the total amount cf building development indicated by the A.D.A. may riot be exceeded. 2.5. OLAN APPROVAL REQUIREMENTS A.- PURPOSE The Master Development Plan indicates the basic nature of development permitted for -the projed as ra whole, consisting of a road petwork, 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. etr_ 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 comply fully with commitments established by the i PUD document.. DRI Development. Order; County ,Zoning Regulations and all -other applicable standards and regulations. County staffapproval of detailed development jplans must be obtained prior to the construction of project } infrastructure. i - 8 SITE DEVELQPMENT PLAN, APPROVAL 'REQUIRED Prior to issuance of building permits for any project structures, the planning/Zoning Director shall approve a development plan for the site on which the proposed building is to be constructed, Site development plan approval shall only be granted 'by the Planninghoning Director when the site plan is in substantial compliance with the Master Deveiopment Plan, as that plan may be modified by Collier. County from time to time. Site deveiopment plan information i shall Include: 1. Boundaries and acreage of the site, and its location within the approved Master Plan. 2. Ail easements and rights -of -way in and adjacent the site. 3, Location and size of -all water oodles in and adjacent the site. i 4. Boundaries of wetland preserve areas, recreational open space, and common areas in and'adjacent the site. S. Sidewalksf bike path locations in and adjacent the' site. &. All internal property, limes within the site. I. 7. Planned building location; planned building usage if known. (Development of buildings for the purpose of leasing space therein is permitted, and thus definitive information on, building usage will 'not always be in I hand at the time site development plans are approved: i 9 8. Yards, buffers, driver.. parking areas, site access. 9. Boundaries between areas to be cleared and areas in which native vegetation is to 'be retained. 10. Areas in which landscaping is to be installed. 11, Such additional inforr6ation -as the PlanningfZoning Director may require for determination of compliance • with all applicable standards and regulations. C. RECORD -PLAT APPROVAL -REQUIREMENTS Prior to recording the record plat, final plans of the required improvements shalt be approved by, the Planning/Zoning Director and appropriate other Collier County Departments and .Officials In insure compliance with the project Master Development Plan, the Collier County Comprehensive Plan, the Collier County Subdivision i J Regulations, and platting laws of the State -of Florida. 2.6. iEXCEPTIONS TO -COUNTY SUBDIVISION REGULATIONS !The following requirements shall be waived or modified: I r A. Article X. Section 16: Sidewalks shall only -be .required as shown on the approved Master Development Plan. S f 10 y • a B. Article X. Section IS: Street game 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. Street pavement painting, .striping,, and reflective edging requirements shall be waived. C. -Article X1,' Section 10; The requirement to instatl manurnents in a typical water valve cover, shall -be waived if all . monuments are installed in accord with state standards and in a manner approved by the County Engineer. �. Article Xi, Section 21; The requirement for blank utility casings shall be waived if all required utilities are installed prior to cnnstrui :tlon of the street base and pavement. 2.7. STREETS TO BE PRIVATE All platted streets within the project shall be the common property of the project landowners. 2.8. ; MPACT FEES he Citygate .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 71 r to the Citygate Commerce Park project in accord with the terms of the ordinances which impose the fees. 2.9. F.U.D. DOCUMENT COMPLIANCE kesponsibility ' for compliance with the terms of this PUD document, the- DR i 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 esponsibility,, a project management entity shall be established ' and given responsibility for continuing maintenance of the project infrastructure, lake, water management facilities, natural area preserves, common open space, streets, etc. 12 . Y 11:% SECTION III PROJECT DEVELOPMENT REGULATIONS 3.1. -PURPOSE The - {purpose of this Section is to -set forth the development tvgulations applicable to the Citygate Conmierce Paris project. 3.2. QSES PERMITTED No -building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or park, for other than the . following: A. Principal Uses: 1. Gasoline service stations when located west of the F.P - 9 L . easement 2. Hotels or motels when located west of the F.P. l= L. easement. 3. Restaurants 4. Cacktail lounges when integral with restaurants. 73 S. Retail' sales and personal service businesses which are designed and operated to primarily serve highway travelers and/or the Citygate Commerce park market. Retail sales facilities shall not include shopping i center type uses which viould' generate substantial trade from the residential neighborhoods in the vicinity. b. Utilitarian, recreational, educational and medical uses and services. 7. Business and professional offices; financial institutions. 8. Light manufacturing and/or processing. S. Research, testing. product development. f I 1.0. Service and repair businesses, excluding -'automotive service and repair except in association with gasoline service stations. ! 11. Showrooms -and sales centers in association with permitted' uses. s i2. Storage and distribution. 13. Publishing, reproduction, communications. 14 . 4 •..6 14. Such other uses as -are determined by the Planning/Zoning Director to be comparable and/or compatible with the listed uses. If the- Planning/Zoning Director determines that a proposed use should' not be administrativialy approved but should be subjected to hearings and formal action by the County Commission, he may declare the proposed ,use a Provisional Use. Alternatively, in the event the Planning/Zoning Director has made an ac minlstrative determination that a proposed use is neither comparable nor compatible with the listed uses, the applicant for the proposed use may elect to utilize the Provisional Use process in order that the proposed use be subjected to advertised public hearings and formal determination by the County Commission as to comparability ar compatibility. 13. Accessory Uses: 1. Accessary uses and structures whiich are customarily associated with the permitted uses.' Z. Project safes, and administrative offices dnd facilities. 3. Signs as permitted by the Collier county Zoning Ordinance in effect at the time of application. is 4. Lodging accommodations in association with uses which necessitate the presence of personnel on a 24 hour basis. s. Temporary sewage treatment facilities in the area so indicated on the project Master Plan. Such temporary 'Facilities may serve the project until public or other county approved off site sewerage, service -is available. The temporary sewage treatmwnt plant and all associated facilities shall be sei back a M':inimum of 50 feet from the boundaries of the tract which 'it occupies. 3.3. DEVELOPMENT STANDARDS A. Minimum Parcel Size: Vilest of F . P .' & L. easement: 1 acre East of F . P . & L. easement: • 2 acres B. Minimum Parcel Width. - West of F.P. & L. easement: .150 feet East of F.P. & L. easement: 200 feet 9 C i Minimum Building Setback West of F.P. & L. easement: 25 feet from front. side and rear yards unless adjoining parcels 'are jointl,r planned, in which case the adjoining side yard requirements are waived. East of F . P . 6 - L. easement: Front yard- 50 feet. plus an additional •5 feet for each acre or major fraction thereof in excess of the first 3 acres of sl'te area. Not more than 20% of the 'required rtfront yard may be devoted to vehicufar drives and parking spaces. Reae yard- 50 feet Side yard- 25 feet • r In those instances where multiple buildings are to occur on a single site, yard requirements shall. pertain only to the site boundaries, not to separation between buildings. D. Minimum Natural or Installed Landscape Area: West of F.P. & L. easement: 25% of gross site area 0 East of F.P. 5 L.- easement: 35% of gross site areaPe P4)� 1 ' � l V( j 1 W .17. ,. c� vv%,% w uC3 2 c5' a The term "Landscape Area" is construed to include fountains, pools, ponds and other water features, pedestrian oriented walks, terraces, and courtyards when such non -botanical features do not exceed i 5% of the required area. E. Maximum Building Height: Hotels, motels and office buildings: 5 stories All other uses: 3 stories F. Merchandise Storage and Display: There shall be no outside . storage or display of merchandise. IG. 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. H. Parking/ Loading: Off street' parking and loading spaces shall be provided in accord with the standards of the Collier County 4oning Ordinance in effect at the time of permit application. Parking and loading facilities shall be so arranged that lucking into, or out of, a street right-of-way is unnecessary. is i I . Performance Standards: Noise, odor, vibration, glare (as differentiated from general illumination), smoke and dust readily detectabie by human senses at 'property boundary lines shall not exceed • the background levels characteristic of residential areas during daylight hours. The future performance characteristics of a .given land use is 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 performah6e obligations. 19 0 �__.-.—r••_,^„_,,.,,��.-n�..�-...;,..�.:: ... a___.a- .`.RriSq'- r'►�+�1.. l�kffi7l. .�..'4'!"'�'*M°--. .......'f.:�+^kS� SECTION IV ENVIRONMENTAL REQUIREMENTS 4.1. PURPOSE The purpose of this Section is to set forth the requirements established 'by the Environmental Advisory Council. The -development of the project shall be subject to these requirements: Standard stipulations plus any additional stipulations required by the 'EAC. 20 ,, ��,,e,► _ _ _4 _ SECTION V TRAFFIC AND ENGINEERING REQUIREMENTS 5.1. PURPOSE The purpose of this Section is to set forth• the traffic improvement requirements which the project developer must undertake as an integral part of the project development. Insert such traffic- and engineering requirements as are established .by the County at the time of zoning approval. I 1 21 0 SECTION Vi UTI CITIES REQUIREMENTS 6.1. 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E 0 of m p a L r N u ® u +� E «+ r►- W w cc 3m�E-0 Nu�1-0U aF MI-1-0 yCa .90U] P7 G► 3j F F F r� r w� N N@ L s. = o. in t- 44 ci �? t m �I m i ? Z. om �- r �� rvCa1*91 5C L-C } CS Qf mt C i- bp + "" r r r F N� 4n Lri SD i L V •� L vfQ V Zi lu In cm CL m z' Lni cn C cL 0 s. O m s .dt C E v n-�d-- �u 10=0, w r.� Ot p a i i.l [� l0 7•� C W r+ �. O a on N N Fe►l 40 �� a OCU ++vopr0r ►�. L m `s rn o, a �.. p 3 C 3 L Nw C C 0 dPZ7 W =ay 70Sria 4 c0m {I cr ap w oo�i�. m. C,u Qm d7�LCFp r a C Lei N Q L a ii > � K> �. • J t u� i. E C L w r..r Qgo U w WIL Ln a ¢ in O C y tL] E O 40 w to Z (3) These sales and services will primarily serve interstate highway travelers and employees or businesses within 'the project, as opposed to functioning as a neighborhood shopping center_ S (4) The .office rategorj is limited to offices which, are principal uses, $nd does not include offices which are ancillary to and incorporated in other land uses, i.e. administrative offlces within a light manufacturing or, research and development firm. Most of the offices will have extensive interaction with businesses external to the project, but some will primarily function .as servants of other land uses within the 'project. (6) Parking space and employee estimates were largely based on LTE standards and averages cited by Urban Land Institute publications.. When definitive published parking and/or employee standards for a .1pecific land use were not available,' the estitrmates were based on published standards for thfi most similar uss e.. The,estimated Omployees include those who normally spend all. or most of the work day *ithin the project, Le, office workers, sales personnel, industrial *orkers; employees who shuttle to and from their place: of employment "Fing 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 jerved by common parking pools which increase the efficiency of lbarking =motel, utilization. The empigyaes estimated for servile station, restaurant/lounge, and: perhaps other_ uses will be spread over two and, in some cases, .three shifts within a 24 hour period. T DEVELOPMENT ORDER 90- 4 RESOLUTION SO- 431 DEVELOPMENT.ORDER AND RESOLUTION OF THE- �. BOARD OF COUNTY COMMISSIONERS OF COLLIER :. COUNTY; FLORIDA,-FOR THE CITYGATE COMMERCE PARK PLANNED UNIT. DEVELOPMENT, -AMENDING DEVELOPMENT ORDER 88-2, RESOLUTION 88-309, PURSUANT TO THE TERMS OF A STIPULATED S2rTLEM = AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAnLS,- SOUTHWEST FLORIDA REGIONAL •PLAN ING COUNCIL AND CITIZENS AND SOtiBMM TRUST 'COMPANY, LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, .COLLIER' COUNTY, FLORIDA. WHEREAS, on December 13, 1968, the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, , considered the application for Development of Regional Impact for Citygate Comrterce Park submitted by Vines and Associates, -Agent for Citizens and Southern Trust Company (Flarida) N.,A. as Trustee under Land Trust #5360; the report and recommendations of -the Southwest Florida Regional Planning Council (SWFRPC);-the certified recard'af the documantary and oral evidence presented to the Collier County Planning' Commission;'. the report and-. recommendation-of•the'Collier County.Planning Commission; - Tthe recommendations'of�Collier County staff and Advisory:: Boards; and the comments upon the record madez. before this -. Board of County C—issioners.at said meeting, and did approve Development Order 88-2 by Resolution 88-309; and WHEREAS, on February 3, 1989, DCA appealed the Collier County Development Order for the Cij;ygate Commerce Park Planned Unit Development pursuant to Section 380,07, r1crida ,Statutes (1987); and WHEREAS, the parties have negotiated and reached agreement as to specific revisions of the Development Order which, if adapted, resolve the issues raised in the DCA appeal Petition. The specific revisions are set forth in words underlined are additions; Words struck -through are deletions. •a r this amendment to the Development Order; and WHERERS, pursuant to Section 380.031, Florida Stagy the DCA.has the authority to enter into agreements which' \ effectuate the intent and provisions of Section 380.06 T.l.orid"tLtutes; and WEEREAS, pursuant to Section 186.505 1 r da atutes1 ` the SWFRPC has the authority to enter into agreements which effectuate the intent and provisions of Section 380.06 of the Florida Statutes. NOW, FORE, in consideration of the terms and conditions set forth hereafter, and the full, complete, and final settlement of all claims raised, or arising out of claims raised in DOM and case No. 89-1841 DRI, the Board of county Commissioners of Collier County does hereby approve the following amendments to Development Order No. 88-2, Citygate Commerce Park, and effectuated -by Resolution No. 88-309: SECT1014 ONE: Conclusion of Law, Section 4, Vegetation and Wildlife Wetlands, is hereby amended as follows: 4. VEGETATION AND WILDLIFE/WETLANDS: a. Golden Polypody Perri and Butterfly -Orchids shall be relocated to -appropriate protected areas on -site. b. The 2.47 acres of wetlands preserve shown on the approved Master Development Plan shall be preserved. er Prier-tie-�eetseszee-ef-eeristreebiass-perm4ta-far-er, approved-dewe�epmezzt-p�teeee-af-b2ze-W#tpgate-pregeet; a-Red-eeekaded FTeedpeeker--fRBW}-enrveg-sstz�taing prey$ebe3lr-approved"teethe&e�egr-wi��-be-eez�dneted te-4szee:re--bknt-RBWe havz-r�ab-ectab��nized-Want earf then-#n-tise-deve�epmelit-ereeti--�Pke-anr�rer-shn�� eeettr-w#tlsizs-6 B-days-ef-bhe-etar+h-ef-eersebrtzetian; esnd-�f-tt-t;�-deberm�zed-tlsab-RBW-:soot-aar�tzea-sere baess-eabab�#abed-ssz-tha-eer�at�et�er�-ezrea; deberm#nntierz-eka��-be-made-bY-bhe-agene*ea reapessssb�e-for �tBF7-prafieab�on-�eswe-era-be-the neeeae4kY-ef-n�edifriszg-tize-ReFi-1Kerxzagemeszt-Pan . m, atf-Site Mitiaiti2a e e c e ocated west of the eeruerl�.ne ens ent m co>dm_nce t e e IMoLparcels Words underlIned are additions; Words strzzek-through are deletions. -2- 2 .. te mitig&-tfon for the Red Cockaded WgodRegAers and their forwinc Lu Words Underlined are additions; Words etrttek-thretigh are deletions. -3- 4. 5i The e o e t' 'm CogAgda5l Woodpeckers and Red o a e at is e •e o . conditionsand er;terla: e e ° e e eab e t to obtain -the ur22@= mlicant a se has' Words underlined are additions; Wards straek-through are deletions. -4- At the tMeQf- he ,pMr M1 of the Bad C ed Woodneckm shall he nestingor -foracrinef Snn the m�,tica ' an nrnne*+v _. or the gip r�r[ill be atharwi�;p �eSned A20e13table by bCA. s e Ogeded eity mming the co t o a i&diacen, w tat or to another Southwest RAMiOnal PIAMBIDS COUrtcfjd In �ti3.��deea restrjcted for preservation t e L- Words underlined are additions; Words atrUCk-threagh are deletions. -5- 6. The Tecairements_for _ofl-site miticgatio,U are -in -addition to any reguirMe_nts of thM Plan ed below. $: Pdor to Issuance of construction aaMits for er and after I del o=—"_MAIAQ of tyate ov 0 Bed Cnokadod a 3LTinc previously annroved methofoloav will be insurea 's have not es a_n2MIL.Gavitiese d ve MR. The - 22MY shall c 6-Q days startof th c t it is determined that RCW no cav- have been 2fitablished n the construction area gns lhall be Made to the $�• c W c a t a a -la- Annual RCW surveys, utilizing the previously .-approved methodology, will be undertaken until 5 •five years:, after final build -out of the Citygate project, with results of the annual RCW'surveys to.be,reportsd to Game and Fish Commission (GFC),.U.S. Fish and Wildlife Service (USFWS), SWFRPC, and Collier County within 30 days of survey completion. e-2 proposals to modify the Citygate RcW Management plan, incorporated herein by =f=MUg&,_ may be submitted at any time. Such Proposals shall be supported by a current survey of on -site RCW nesting and foraging patterns, and such additional information as is required to evaluate the proposed Management Plan modification. Upon determination thr=ah the annual igm surveys that the on -site colonies in any area sought to be removed from the RCW preserve have been abandoned to at least two Years. and any required off -site mitigation is being c provided, appropriate modification to the RCW Management Man shall be approved s a ed s t dev oince the im a is thereaf are being mitiaated cnncurrent therewith. Words undefined are additions; Words *truck --through are deletions. -6- f-2-- Melaleuca and other exotic vegetation within the RCW preserve area and elsewhere an the Citygate site will be eradicated after_ of the_osftd rimoval by the JTZMC- thus significantly enhancing the quality of RCW forage area an site. g:j Excessive undergrowth will be controlled by burning and/or by use of mechanical equipment, if t e c to n2t e e' conflict t e Rcw habitat on site. Pine trees having a Diameter Breast Height (DBH)) of 8' or more, located outside the RCW preserve (Phase „TII but within the required yard and buffer areas in the remainder of the site, will be conserved to provide additional RCW forage areas. East of the FP&L easement in the vicinity of the RCW preserve areas identified on the Master plan the minimum Parcel sizes are to be 2 acres; minimum yard requirements are front 50',L rear 501%, side 250; not more than 20t of these required yards may be devoted to vehicular drives and parking spacers at least 30% of each development site must be devoted to natural and/or installed landscape areas. _- bends X#tk�t-tke-RSW'-prenezre-Brea-mag-be nti#$aed-far-�#mited-recreat#essta# purpeaes seek-an-walktretYeT-?a9g#rsg`tra##s; -p#e razes £ae#�#$des;-ete:;-se-�ettg-ee-dsatnrbeaaa-te esat#rre-vegntet#ex-#s-n�ilstlsa#-area-the reesreet#eae#-ee:txvxt#en-awre#d-bkn-RSFt-(sea t tree9r �- 8r�dergretu�ei-�,tb###t#ea-e�sd-sttrfaee-axes#sage asra#ea-xseyy-esreaa--�e-RG�frl�teaexx re -Greet: 61 Unreleased lands within Stage i and Stage =X may be utilized for limited recreational Purposes such as walkways; jogging trails, and other passive recreational facilities, so long as'disturbance of native vegetation is minimal and,the activities avoid -an area encompassing a 200 foot radius around each neat tree. Underground utilities and surface drainage swales may cross the unreleased lands within Stage 1 provided that they are installed outside of an area constituting a 2000 radius around each active nest tree and are designed to have minimal impact. Underground utilities and surface drainage swales may cross the unreleased lands within -Stage 11 provided that they are installed outside of an area constituting a 2001 radius around each active nest tree, are designed to have a minimal impact, and further provided that surface -.drainage swale locations be approved by the Department of Community Affairs. zt is understood there may be a reduction in foraging trees within the unreleased area as a result of these activities, but the same shall be minimized to the maximl. extent practicable. Words undeglined are additions; Words atrack-through are deletions. -7- The preserve area shall be posted with signs Which indicate that it is -an RCW preserve and that. disturbance of the birds is prohibited and unlawful. }- Wkex-a-tegiane�-ntib#getser�-p}e�,»�e_eppreaed enei-�p�emea�ed-tke-eppi4eQss�te-p�ari-ekelZ-be emb�eeb-be-eke prevfeiena-tkiereef- - m7e - All . of the commitments trade by the Applicant,' either in the Citygate ADA or in sufficiency documents, not in conflict with the above requirements, alefi-bO � incorporated as conditions fox-deve�apmen�-order-eppreva� c� e e o SECTION TWO: That Section 3, Page 12 is hereby amended by adding a termination date as follows; 3. This Development Order shall remain in effect for.the duration of the project. However, in the event that significant physical development has not commenced within five (5) Years from the date of final approval of the Development Order, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Hoard Of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement -of development. sh 07 - PASSED AHD DULY ADOPTED by the Board of County Commissioners of Collieur.'County, Florida, this 28th of A_ must , 19s0. J' $'TEST a fJ,r ;ZTI ES C.. GrL.ZS, CLERK �w ,e AS' TP F RM AND G SUFFYrENCX : f!%� • 1 ��S '' MARJO E M. STUDENT ASSI 1T CGUHTY AiT032HEX DOA-90-2 RESOLtWIOH and BOARD OF COUNTY COMNITSSIONERS COLLIER COUNTY, FLORIDA BY: Q A. HA83E, JR., CHA Words u red are additions; Words atrnek-thraugh are deletions. -8- r VIHE9 i ASSOWTE9, VIC LARD MANNER, PROJECT COORMAIOFI F � HOLE. MONIES l A9S4dAYE8. INC. CIVIL ENQ111EER4 ¢ AtISWIYER S ASSOPAIEC INC. IIYDAO! OGICAL ENGINEERS Y v pARR, AUHI.OP L A99OGATEB. INC. TRAFFIC ENGINEERS I N KEYIH L. ERWRI ECOI OQIST 7 A 7 Y S.ii. 451 E A 1 � ` m link --- ------ 00 1 Z hod�.R .i•t: A Cl)`: .. o Cl) y rrn r �. D ` J C 4. 1 m Ask m 1 in rr w 0 m ,� z�' m 0 n a 4 ro r A Z rn VIA n 0 w rn C. ow `rI r N o m 40 0 �. COLLIER COU,[Y REGIONAL W4TEII TREAAkIEHI PI AIIT SITE F PAL. TRA148MOSfON LIRE EABRAE111 � A `IREAiHk`•111 �. •` SIT`• O C z Z >a I r il% I'T1 � F 1 N a 15 0 0 is C A DEVELOPMENT ORDER 95- 2 RESOLUTION NUMBER 95- 143 A RESOLUTION AMENDING DEVELOPMENT ORDER 88-02, AS AMENDED, OF THE CITYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT (DRI), BY PROVIpJJTG FOR: SECTION ONE A, AMNDING THE PHASING SCHEDULE BY REFERENCE TO APPLICATION FOR DEVELOPMENT APPROVAL, SECTION ONE B, AMENDING _OTHER SECTIONS WITHIN THE DEVELOPMENT ORDER RELATING TO THE REQUIRED DATE FOR COMMENCEMENT OF CONSTRUCTION AND TERMINATION DATE FOR THE PROJECT, PERIOD OF TIME AND EXEMPT FROM DOWN ZONING; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, .the Board of ..County Commissioners of Collier County, Florida, approved Development Order 88-02, as amended, (the Development Order) on December 13, 1988, which approved a Development of Regional Impact (DRI) known as Citygate Commerce Park Development Order; and WHEREAS, as a result of an appeal, a Settlement Agreement between Collier County, and the Department of Community Affairs resulted in an effective approval bate of October'29, 3.990, which is deemed to be the beginning date for the five-year period within which the Development order indicates physical development of the project must commence; -and WHEREAS, the ADA provided for five three-year phases for a total of 15 years for buildout with .the first phase being three years from the date the appeal was dismissed which would be October,29, 1993, with the last phase being October. 29, 2005; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development order, and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Develop- ment -order; and WHEREAS, the owners of the DRI property desire to extend the date by which significant physical development -is to begin; the project buildout date and phasing schedule by five (5) years Less one day; and WHEREAS, William R. Vines, -of Vines and Associates, representing Richard K. Bennett, Trustee, NationsBank Land Trust 05360, petitioned Words i de�rliTned are additions; Words stramekth are deletions. -1- the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (sWFRPC) and held a public hearing on the petition an January 19 ___ , 199.5_; and W71MEAS, the Board of County Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning commission and held a public hearing an the petition on `r.ehybru,-.rk 21 , 1991; NOW, THEREFORE, be it resolved . by the • -Board.--of- - County .. _ Commissioners of Collier County, Florida that: gEcTloN ONE: AMENDMENT OF D OPMENT ORDER A. Section 9.c of Development Order 88-02, as amended, for the citygate Commerce Park is hereby amended to read as,follows: 4. The development phasing. schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase 1 1:994 actober 28, 1998, Phase II 1:99-'7 O tuber 29, 2001, Phase III -2�999- October _28. _2004,__Phase IV agog October j8,2007, Phase V 2986 2010, shall be incorporated as a condition of approval. If development. order conditions and applicant commitments, incorporated within the development order to mitigate regional inpacts, are not carried out to the extent or in accordance with the timing scheduled specified within the development order and this phasing schedule, then this shall be presumed to be •a substantial deviation for the affected regional issue.. B. Paragraph 3 of an untitled Section (Page 12) of Development Order 88-02, as amended, for the Citygate Commerce Park is- hereby amended to read as follows: 3. This Development Order shall remain in effect for the duration of the. project. However, in the event that significant physical development has not commenced within €>:yte +5} ton (101 years from the date of final approval of the Development order, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County, commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. This Development order shall terminate on 6, October_28 2P12. C. Paragraph 4 of an untitled Section (Page 12) of Development Order 88-021 as amended, for the Citygate Commerce Park is hereby amended to read as follows: Words underlined are additions; Words are deletions. -2- 4. Pursuant to Section 380.06(15)(c)3, Florida Statutes (1987), this project is exempt from down zoning or intensity or density reduction for a period of seven +7+ twelve 2 years from the date of adoption of the Development Order, subject to the conditions and limitations of that section of the Florida Statutes, prpyj ded that physical development commences within fiver f5} to 1 years as provided in Section 3 hereof. SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. The application is in accordance with 'Section 380.06(19), Florida Statutes. C. The applicant submitted to the County a Notice of Change to Previously Approved DRI known as Exhibit B, and by reference made a part hereof. D. The applicant .proposes the development of Citygate commerce Park on 237.187 acres of land for a commercial development described in Development order 88-02, as amended. B. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SRFRPC. F. The development is not in an area designated an Area of Critical state concern -pursuant to the provisions of Section 380.06, Florida Statutes, as amended. G. The proposed changes to the previously approved Development order fall within the parameters for extensions of build -out pursuant to Subsection 380.06(19)(e)2., Florida Statutes. SECTION TAME : CON IISI N W A. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development order Amendment includes operations described in the Notice of Change to a Previously Approved DRI, Exhibit B, attached hereto and by reference made a part hereof. B. Thd proposed' changes to the previously approved development are consistent with the report and recommendations of the SWFRPC. C. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives Worsts underlined are additions; Words are deletions. -3- of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. E. -The proposed changes to the previously approved Development Order are consistent with the State Comprehensive plan., F. The proposed changes do not constitute a substantial deviation pursuant to subsection 380,06(19)(e)2., Florida Statutes, and } therefore a public hearing thereon is not required. SECTION FOUR A. -Except as amended, hereby,••--Development.-order 88-02 -shall - - remain in full force and effect, binding in accordance with its terms an all parities thereto. B. Copies of this Development order 95-2 shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning -Council. C. This Development Order shall take effect as provided by law.' BE IT FMTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner Constantine offered the foregoing Resolution and moved for its adoption, seconded by Commissioner and upon roll call, the vote was: AYES: Commissioner Constantine, Commissioner mac'Xier, Commissioner Norris, Commissioner Hancock, and Commissioner Matthews NAYS: ABSENT AND NOT VOTING: ABSTENTION. Done this 21 day of rphrnary _r 199r BOARD OF COUNTY COMMI ION S COLL19=E CC= FLO �'- DWIGHT E.- BROCK�e C%ERK APP OVED•AS TO FORM AND LEGAL SUFFICIENCY: .off �aLll.c.c�. • d • O 1 MAR70}E M. STUDENT' ASSISTANT COUNTY ATT01WEY DOA-94-5/13079 Words underl]ned are additions; Words are deletions. -4- F - HOLE. -MONTES AN13 ASSOC.. INC. CONSULTING ENGINEERS -LAND SURVEYORS LEGAL DESCRIPTION HmA Fi l e No. 85.23 9130/86 Sheet 1 of 2 The North half of Section 3S, Township 49 South, Range 26 East, Collier County, Florida LESS the West 100.00 feet thereof for right-of-way purposes and LESS the following described parcels: A parcel of land being a'portion`of the 14orthwesti-quarter''of' -.. Section 35, Township 49 South, Range 26 East, Collier County, Florida. Being more particularly described as follows: Commencing at .the quarter Section corner, common to Sections 34 and 35, Township 49 South, Range 26 East, Collier County,. Florida. Said quarter corner being marked with a 4" x 4" concrete monument having a 3-inch brass cap attached to the top thereof, with a 314-inch iron pipe; thence along the Section Fine between said Sections 34'and 35, North 00029115" West, 1,387.43 feet to a point an the centerline of the proposer[ Access Road No. i as shown on the State of Florida Department of Transportation Right -of -Way Map for State Road No. 93 (1-751 Sheet a of 10; thence along said centerline of the proposed Access Road No. 1 North 89°31101" East, 100.00 feet to a point on the East right -of --way line of a canal, said point also being on the centerline of the proposed access road to the water treatment. plant parcel; thence along said East canal right-of-way line North 00029'15" West, 50.D0 feet to a 4" X.4" concrete monument marking the Northwest corner -of the proposed access road right-of-way to the water treatment plant parcel; and being the true POINT OF BEGINNING of the parcel to be herein described; thence a i ong the North line of said access road right-of-way North 89031101n East, 456.51 feet to a 4" x 4" concrete monument marking the intersection of sold North right-of-way with :the West boundary line of the water treatment plant parcel; thence along said West boundary line North 00047' 14", East-;' '994.98 feet to an Iron rod on the Westerly right-of-way of a strip of .land 170 feet in width for a Florida, Power 6 Light Company (FPSL} right-of-way as described in Official Records Book 681, Page 1210, Collier County.Records; thence along said Westerly.FPSL right-of-way North 311230128" East, 70.02 feet to an Iron rod; thence continuing along said Westerly FPSL right=of-way South 58030'03" East, 761.56 feet to a 4" x 411. concrete monument; thence continuing along said Westerly FPEI- right-of-way South 00,47,14" West, 1,066.70 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FPSL. right -of --way South 001147114" West, 332.74 feet to an iron rod marking the intersection of said Westerly FPEL right-of-way with the South line of the North half of the South half of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Collier County, 'Florida; said point also being the Southeast corner of the parcel being herein described; thence along said South line of -the North half of the South half of the Northwest quarter of Section 35, South 8900.4140" West,.690.82 feet to a 4" x 4" concrete monument; said HMA File No. 85.23 9/30186 Sheet 2 of 2 point being the Southwest corner of the parcel being herein described; thence along the 'West boundary line of said parcel North 00047114" East, 652.80 feet to a 4" x 4" concrete monument marking the intersection of the West boundary of the water treatment plant parcel with the South right-of-way of the proposed access road to the water treatment plant parcel; thence along said South right-of-way South 89031'01" West, 454.28 feet to a 4" x 4" concrete monument marking the intersection of said access road South right-of-way with the East right-of-way of a - canal;--thence-along'said canal-F-ast right-af-way North:00029'15" West 100.00 feet to the POINT OF BEGINNING. I: F A portion of the North half of Section 35, Township 49 South, Range 26 East; being described as follows: Begin an the South line of the North half of said Section 35, at a point North 490001o1" East 100.00 feet from the Southwest corner of the North half of said Section 35, thence run North 00029115" West, 1,334.19 feet, thence South 0402V 08" East, 29632 feet, thence South 02046125" East;-750.60'feet 'to"the'-- beginning of a curve concave to the Northeasterly having a radius of 336.00 feet, thence run Southerly along said curve.240.58 feet, through a central angle of 41001129" to the end of said curve, thence South 43047154" East, 94.86 feet to the South line of'the North half of said Section 35, thence South 89000101".•• West, 206.27 feet to the POINT OF BEGINNING; ' A portion of the North half of Section 35, Township 49 South, Range•26 East; being described as follows: Begin on the South line of the.No.rth half of said Section 35, at a .point North 8900010111. East, 306,27 feet from the Southwest corner of the North half of said Section 35, thence' run North 43047154" West,-94.86 feet to the beginning of a curve concave to the Northeasterly having a radius of 336.00 feet, thence run Northwesterly along said curve 240.58 feet through a central angle of 410011294 to the end of said curve, thence North 02046125" West, 750.60 feet, thence North 04021108" West, 296.92 feet; thence North 00029115" West, 85.00 feet, thence North 89031101•" East, fiy4.42 feet, thence South 04021908" East, 378.34 feet, thence South 02*46125" East, 751.56 feet, to the beginning of a curve concave to the Northeasterly having a radius of 266,00 feet, thence run Southeasterly along said curve 190.46 feet, through a central angle of 41001129" to the end of said curve, thence South 4304715411 East, 159.68 feet to the South line of the North half of -said Section 35, thence South 89000'01" West, 95.40 feet to the POINT OF BEGINNING. Containing 287.187 acres, more or Tess. 3 HOLE. MONTES 8e ASSOCIATES, INC. STATE OF FLORIDA pEPARTNIENT OF COMMr RESOU13CE pLANNIING AND MANAGEMENT DIVISIDNDF STATE PLANNING —y-- BUFREAV 2740 Centerview hassive ee Floridar32399 Tally 9041489-4927 F A POSED CHANGE TO A PREVIOUSLY APPROVE NOTIFICATION DEVELOPMENT OF REGIONAL IMPACT DR FLOR BY SwFSTATUTES (SNOBRT SUgSE O RM AS [MODiFIEQ u. s that submittal of a proposed _ Subsection 3BO-06(19y' Florida Statutes, reel overnment, the regional Approved DRI be made to the local g to t111s form. _... reviOusly agency, according :. O . change to a p planning_ . . �"• "planning. agency, and the state land .p authorized representative of NationsBank ti . 1, WILLIAM R. VINES, the undersignede to a previously #S3$0, hereby give notice of 8 proposed Chang Land Trust with Subsection �. of Regional Impact in accordance approved Development _ tee- In support thereof, l submit the following 380A9I'l9i, Florida Statutes .. ment�-which . ' concerning the CITYGATE CONiMlrRCE PARK develop ed .. � information co knowledge. 1 have submitted information is true and correct to the best of my r Copies of this completed � notification to Collier today, under separate cove . ... __ Florida Regional Planning Cour}cil, and to the Bureau Y,;;.. ;.... County, to"the Southwest mmunitY Affairs — of State Planning, Department of Co _ - ignaturs Date I F4 EXHIBIT a 2 Applicant: Richard K. Bennett, Trustee . NatiansBank Land Trust #536 B65 Fifth Avenue, South Naples, Florida 3394U- 8131262-0400 3. Authorized Agent: William R. Vines Vines & Associates, Inc. 800 Harbour Drive Naples, Florida 33940 8.13/262-4164 4. Lo cai�ion: Calker County, 'Township 49S, Range 26E, Section 26 change• include any proposed changes to the plan 5 ` ~ provide a complete description of the proposed contar`ned in either the development order o f development, complete p d9scrW49, addhional hands, camm�n rrt data, build-aiit date; deveMpmeat a er repres ukements, of to the canditlons and o far De"Opm� t APprO��n or the App# with other detailed maps, as eat master site plan, svppISmenting indicate such changes on tha prof meat .orany reviawing� agency appropriate. Addi�nallafamlatlon om�he resulting iMPecis DepeR to ckwffV the nature of the change adopted a5 T he Citygate Commerce Park Development appealed his Develorder W8S pment pme� Order. A D.O. 88-2 on December 13, 1988• .DCA app and Settlement Agreemenrder DCA was ultimately t between Collier County _ August 28,1990. reached, resulting in adoption of Deveip hbn�anguage n° Dug $8-2, Which D.D. 90-4 contains adjustments to ants are specified by the Settlement Agreement. The hich is deemed Adjustments eal was issued October 2,9, 1990,meet Dismissal of the DCA app ear period within which the Develop . , , to be the beginning date for the five y P must -commence, or Order. indicates physical development of the project ory approval will terminate. It is d for five years t ,octoberproposed that the t28, development .development commencement date be extended iso ropose- 2000. It is proposed that corresponding adjustments be made to the five #hree- year development phases which are seminat on date iOrth in D.O. BB -forth in D.0�9Q-4 be hat the December f ve ye rs to December e30, 2012. extended y land is being added to or .deleted from the approved Citygate Commerce No roved Citygate ComrneCce Park Master Park project. No modification to the app Development Plan is proposed. PA -o f a!! to idantfOcation numbers)va bean nulabars for approved rop devabPmant order that ha hies 6. List an the dates and me t bta the n►i9 really pp o ed DRIm� envious changes. rowida a brief description of the p rnent since the modlflcat Ons or amend emmani, and p on of the develop adopted by the legal 90ent�rrmrsat jurisdiction for any P local govemrnenr adopted there been a change in local g Hsc, has the annexing last apPmval or development Order was iOjOct .`. a new DRl development order far the Pr 1 n 88-309, WrOVel date 121131a8 - roval,. D.a • 88-2, Re appeal subsequent settlement priginal D.O • approval,. DCA appeal and AmendedDeveiopmentOrderfollowing approval date 8J28l90` .Agreement. D.o. 90-4, Resolution d"10120. Final order of Dismissal, DCA appeal..r any Portion of the in focal government! fo There has been no changewas adopted protect since the original D•0• na,DRlsne-subsequentto the read within 114 mile of the origi lands purchased Or optioned meni order. Identify such land, size, other map 7. Describe anY . ct master site plan �. original. appr�vaI or issuance of the DRf develop mile On a proje __.._ .._..... _. use, and adjacent nor!-pmjet:r land uses within. �. _ ..... .. .:.. treat purchased. or optioned subsequent tathe prig No additional lands have been p p.0. approval. to or any phasing data of the Proposed change result in a change to the build -Out date new buld-Out-or phasing dates. Does the prop. pro fact? K so, indicate the proposed that ravides at Page 11, General Consideration c., in 1994, 1997, 2000, 2003, DeveloPrnent Order 88-2 provides terminating five �,.. ment P. there are five develaP hale endings be extended Y ` and 2006. It is Proposed that ech of these p years. ran? if o,remmani comprehensive ursuant ylli7! the proposed change require an amendmet:t to the local g 9. godds Administrati+re Code: he following forincarparatlon into $ ch an amended development order, as so. Provide t S., and 9J 2.0� to Subse0ons 380.06f15J, F• ment Portraying and distinguishing T - a. An updated master site plan or other t veausly apP�� d DRI; the proposed changes to the pre . � 5., include the pret&e language that is being _:- pursuant to Subsection 3 r added asJ, Phasing, b,amendment �c chan9Rs to the nature, p red deleted or added as an arrlendme aorta the development order. This t5 proposed to be uantify all proposed sP language should address a"a revised developrnant orderesyndiira` cation ants resantatlons in the App and bugd-otrt date of the development !ncludin9: attributableacreage to each requirements: changes va additions Oar deletions to is a ce, areas'' of preservation, and for Development ApP described proposed change of land use; including Open par amount of struciurg�� other -' green belts: changes, additaans or deletions to the type Overnents, including locations, square osad change; and number of units; proposed impr major characteristics or components of the prop M C. Include an updated legal description of the property, ff any project acreage is being, or has been, added to or deleted from the previously approved plan of development The proposed change will not require an amendment to the Collier County Comprehensive Plan. 10. As applicable, include a proposed amended development order deadline for commencing Physical T development of the proposed changes. D.O. 90-4 provides that significant physical development must be initiated within five years from the datum f final the October 29approval of the � 1990 date tofrthe Final 5-year period is deemed to r d Order of Dismissal of the DCA appeal, to October 29,h Sisal development 1995. It is propose be that the Development order deadline for commencing p y extended by five years to October 28, 2000. 11. 4f the proposed changes would necessitate alteration of the adopted development order termination -� -date, include order termination date which reflects the time required to a proposed.developmeni - complete the development. Describe andimtlfy the Proposed development orderierminatfon dais: -•-•-:--• - er D.O. 90-4 provides 2007itis he Developmen'tprapased that this term shallterminate date be extended by December 3 five years to December 30, 2012. 12. Include a proposed amended development order date until which the local government agrees that the changes to the DRI shag not be subject to dawn -zoning, unit density reduction, or intensity reduction, if -applicable. - D.O. 88-2 provides in Paragraph 4. an Page 12 that the project is exempt from down -zoning, or intensity or density reduction for a period of seven (7) years from the date ,of adoption of the Development Order. it is proposed that this exemption be extended by five years, resulting in the project being exempt from down-zoning, or. intensity or density reduction for a period of twelve (12) Ye from the date of adoption of the Final Order oevelopmentQDismissal afrder, which is deemed to be the D.CA appeal the October 29, 1990 date of the of the originally adopted Development Order. 13, include any proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection W-2. U25M, F.A.C. No changes are proposed for any of these items. The sections of Development Orders 88-2 and 90-4 which are proposed to be L.I modified follow, with the proposed deletions indicated by , and the proposed additions indicated by PIMX1 A. Section 9.c. on Page 11 of D.O. 88-2 shall be amended to read as follows: C. .The development phasing -schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified' as follows: Phase 1-19"Lk, 'Phase I1- -99 M, Phase 111-20BB 204 Phase IV-209a 20�, Phase V-20GS 20!!S; shall be. incorporated as a condition of approval. If development order conditions and applicant commitments, incorporated within the development order to mitigate regional impacts, are not carried out to the extent or in accordance with the timing scheduled specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. Previously amended Section 3,-Page 12 of D.D. 88-2.shall be further amended to read as follows: 3. - This Development Order shall remain in effect for the duration of the project. However, in the event that significant .physical development has not commenced within ten (10) years from the date of final approval of the Development Order, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and waterlines. -This time ..period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontro liable circumstances delay the commencement of development. This Development Order shall terminate on December 31,E 5 Richard K. Bennett; Trustee 865 Fifth Avenue South Naples, Florida 33940 @13) 262.0400 November 17, 1994 Collier County Board of Commissioners Maples, FL 33962 - _..Land""Txusts-•Nos . ... ._ ._ � _ ... -. .... , . - 5222 and 5360 DRI Development Order Amendment Please be advised that WILLIAM R. VINES, of Vines & Associates, Inc., is designated as the authorized- ed- agent to DRI Prepare and file applications to modifypreviouslyapproved Development orders. Very. my yours, Richard K. Bennett Trustee 7If DEVELOPMENT ORDER 88- 2 P''ANNING—"APO RESOLUTION as ---In DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR CITYGATE COMMERCE PARK PLANNED UNIT DEVELOPMENT LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA- WHEREAS, vines and Associates, Agent, for Citizen's & Southern Trust Company (Florida), National Association as Trustee for Land Trust #5360 Applicant, filed an April 15, 1987 with the County.cf Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as, Citygate Commerce Park Planned Unit Development in accordance with Section 380.06(6), Flo ida Statutes, and WHEREAS, .Vines and Associates have obtained all necessary approvals and conditional approvals from the various Collier County agencies, departments, and 'ooards required as a condition to Planned Unit Development (PUD zoning and DRI an and WSEREAs, the Board of County Commissioners as the governing body of the unincorporated area df Collier County having jurisdiction pursuant to Chapter 380.06 F'larida Sta-utes, is authorized and empowered to consider Applications for Development Approval (ADA.) for Developments of Regional Impact; and WHEREAS, the public notice requirements of Chapter 380 Florida Statutes and the Collier County Zoning Ordinance have been satisfied; and WHERpP,S,- the Collier County Planning Commission has reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing.on the ADA on November 3i 1988, and WHEREAS, the Board of County Commissioners has passed Ordinance 8a-_23_ which rezoned the subject property to POD; and WHEREAS, Citygate Commerce Park ADA is also part of an overall rezoning application by the developer; and the issuance of a development order pursuant to Chapter 380.06, Florida Statutes, does not constitute a waiver of any powers or rights regarding the issuance of other development permits by the County or state; and WHEREAS, an December 13, 1988 the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, Florida Statutes. considered the application for Development of Regional Impact submitted by vines and Associates, Agent; the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC); the certified record of the documentary and oral. evidence presented to the Collier County Planning Commission; the report and recommendations of the Collier County Planning Commission; the recommendations of Collier County Staff and Advisory Hoards; and the comments.upon the record made before this Board of County Commissioners at said meeting, hereby makes the following Findings of Facts and Conclusions of Law: FINDINGS OF FACT 1. The real property which is the subject of the ADA is legally described as set forth in the Planned unit Development Document for Citygate Commerce Park attached hereto. as -Exhibit "A" and by reference made a part hereof. 2. The application is in accordance with -Section 380.06(6), Florida Statutes. 3. The applicant submitted to the County an ADA and sufficiency responses known as composite Exhibit B, and by reference made a part hereof, to the extent that they are not inconsistent with the terms and conditions of this Order. 1 -2- 4. The applicant proposes the development of Citygaze commerce Park Planned Unit Development for 287.187 acres which includes: 90,00o square feet of commercial, 836,000 square feet of office, 1,920,000 square feet of Industrial, 250 hotel/motel rooms, and 80,000 square feet of public, utilitarian, recreational and educational space. 5. The Development is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06 (12), Florida Statutes. 6. The development will not unreasonably interfere with the achievement of the objectives of the adopted State Comprehensive Plan applicable to the area. 7. A comprehensive review of the impact generated by the development has been conducted -by the appropriate County departments and agencies and by the SWFRPC. 8. The development is not in an area designated an Area of Critical State Concern pursuant to.the provisions of Section 380.05, Elorida Statutes as amended. 9. The development'is consistent with the land development regulations of Collier County. lo. CONS STENCY WITH THE LQCAL CQMZ99AMM1VE ME* The project is located within the'designated Urban Area by the 1983, Collier county Comprehensive Plan:. The 231 acres east of the Florida Power & Light (FP&L) easement has been amended (ordinance 88- g3) to an Industrial Land Use Designation. The area west of the FPfaL easement (37 acres) is designated as Interchange Commercial. CONCLUE ONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in public meeting, duly constituted and assembled December•13, 1988, that the Citygate Commerce Park Application for Development Approval r submitted by Vines and Associates, Agent, is hereby ordered MS approved subject to the following conditions as recommended by the SWFRPC or in response to their recommendation and the commitments specified in the PUD which are hereby adopted as conditions of approval of this Development Order: 1. DRAINAGE/WATER QU A%I YY a. The control elevation for the overall surface water management system shall be based an the historical average wet season water table of this site. b. Each stage of the two -stage surface water management system shall comply with the South Florida Water Management District's "Basis of Review". .c. For those uses that produce hazardous materials, the applicant shall prepare and submit a Hazardous Materials Manacement Plan to Collier County, Florida Department of Environmental Regulation (FDER), south Florida -water Management District (SFWMD), and Collier County Division of Emergency Management for review and approval, prior to any certificates of occupancy being issued. d. The applicant shall coordinate with Collier County, 'DER and the SFWMD in the development of a surface water monitoring maintenance and sampling program to help ensure achievement of state water quality standards, as specified in Chapter 17-3, F.A.E. e. All commitments made by the applicant within the ADA and subsequent sufficiency documents, not in conflict with the above recommendations, shall be incorporated as conditions for approval. 2. I3 G : The proposed project will be an all. electric project and will increase the energy demand in the Region. The applicant has committed in the ADA to variety of conservation measures to help reduce the energy impact of the project- These measures shall*be adhered to by the applicant. 3. TRANSPORTATION: a. The applicant or his successor shall be•fully responsible for site -related roadway and intersection improvements required within the Citygate Commerce Park DRI. The applicant shall be required to pay the full cost for any site -related intersection iaiprovemepts (including but not limited to signalization, turn lanes, and additional through lanes) found to be necessary by Collier County for the project's access intersections onto CR--951 and Landfill Road throughout all phases of the development. Collier County and the applicant,, shall limit the number of access roads from Citygate to CR-951 in order to preserve capacity on CR-951, a regional roadway. b. Adequate commitments shall be provided by the applicant for the necessary transportation improvements, including design and engineering, utility relocation, right-of-way acquisition, construction, construction contract administration, and construction inspection necessary to maintain peak season/peak hour LOS "D" for the fallowing significantly' impacted regional roadways through Project buildout in 2003: CR-95 s of Capri Road Vanderbilt Beach Road to Golden Gate Boulevard - Citygate North Entrance to I-75 - I-75 to Davis Boulevard - Davis Boulevard to CR-864 (Rattlesnake Hammock Road) CR- 46 UMMckalee Road - Airport -Pulling Road to I-75 CR-696 NPine R idcre Ro - Airport -Pulling Road to I-75 SR-84 (D$Vis Boulevard) - Airport -Pulling Road to County Barn Road - Radio Road to CR-951 C. Adequate commitments shall be provided by the applicant for the necessary improvements, including but not limited to, right-of-way, cost of signalization, turn lanes, and other improvements deemed necessary by Collier County or the Florida Department of Transportation (FDOT), asappropriate, to maintain level of service "D" on a peak season/peak hour basis for the following significantly impacted off -site regional intersections through project buildout: CR-951 at SR-94 (Davis Boulevard) CR-951 at Golden Gate Parkway CR-951 at I-75 ramps CR-951 at Rattlesnake Hammock Road CR-951 at Landfill Road (also a site entrance) SR-84 at Airport -Pulling Road SR-84 at Radio Road d. The timing for the initiation of the improvements outlined in recommendations "b" and "c" above shall be made at the time that a road segment is found to exceed LDS "D" an a peak season/peak hour basis, or a road intersection is found to exceed a peak hour level of service "D". Service level determination shall be' made by Collier county or FT, as appropriate. To deterDO mine the -existing levels of.service on regional facilities and the need for improvements in a timely manner, the applicant shall submit an annual monitoring report to -Collier County, Maples Area (Collier County) Metropolitan Planning organization (MPO), the Collier County Transportation Department, FDOT, and the Southwest Florida Regional Planning Council for review.- The first monitoring report shall be submitted one year after the issuance of the development order for Citygate DRT_ Reports shall be submitted annually until buildout of the project, and at'a minimum, shall contain turning movements and traffic counts taken at the access points to the project, turning movements at each of the regional -5- intersections listed above in recommendation "c", and a calculation of the existing level of service at these intersections and on the road segments indicated above in item "b". The levels of service shall be calculated according to current professional standards and should provide an indication of when peak hour/peak season Los D is expected on impacted roadways and/or peak hour LO5 "D" on impacted intersections. It will provide updated. information to more accurately forecast project buildout traffic and total traffic for determination of proportional.share. e. During each Phase, prior to the approval of any land use proposed in any subsequent future Phase, the applicant shall submit for County, Regional, and FOOT review, an evaluation of the transportation level of service conditions in the area and the anticipated impacts of each phase of Citygate. if this evaluation indicates that the assumptions on which the Development order was based are being exceeded and that a substantial deviation had occurred or will occur during any Phase a full assessment of DRI Question 31 will be required. f. Based on the staff transportation assessment of significant project impacts, construction of the following transportation improvements shall be needed .prior to, or coincident with, development of Citygate Commerce Park DRI (1988-2003) if peak season/peak hour LOS "D" conditions are to be maintained on regional road segments with peak hour level of service "D" in regional intersections. Regional Roadways and local roadways (including intersection/interchange improvements) 9 Rhase I 198E-1990) CR-951 (Isles of Capri Road) -Davis Blvd. to CID-864 Widen to four lanes with a (Rattlesnake Hammock Road) median (segment is programmed for widening in FY 1993-941 Phase 11 U 91-19941 No additional improvements are indicated. Phase III (1995-1997) CR-951 (Isleg of Capri Roadl -I-75 to Davis Boulevard SR-84 av's lvd. -AirportYPulling Road to County Barn Road .. Radio Road to CR-951 Widen to six lanes with a median Widen to four lanes with a median Widen to four lanes with a median a= Phase 1 9 -2000 No additional improvements are indicated. Phasey (2001-2003) CR-951 (Isles of Canri_Road -Vanderbilt Beach Rd. to Golden Gate Boulevard -Citygate North Entrance to I-75 -Davis Blvd. to CR-864 (Rattlesnake Hammock Road) CR-846 (lmmokalee Road) -Airport-Pulling Rd. -to I-75 C -8 6 i e Ridge Road)- -Airport -Pulling Road to 1-75 Widen to four lanes with a median Widen to six lanes with a median Widen to six lanes with a median Widen to six lanes With a median Widen to six lanes with a median CR-864 County Barn Road to CR-951 Widen to four lanes with a median Note: The listing above assumes that improvements required - in an earlier phase are provided in that phase. g. The FDOT shall be involved in reviewing improvement designs and the identification of appropriate costs for improvements on the- State Highway System to be used in calculating the applicant's proportionate share. These costs shall include all aspects of required improvements including design, utility relocation, drainage, construction and other related casts. h. Prior to building construction south of the planned east/west road abutting the County water treatment plant and west of the Florida Power & Light transmission line easement, or no later than 6 man ths from the date of approval of this Development Order; FDOT shall be consulted in order that a determination can be made of the necessity to reserve I-75 interchange enlargement area for right-of-way acquisition by utilization of Chapter 3370 Florida Statutes. 1. As to each phase of development and prior to commencement of each phase of development either of the following conditions shall provide adequate -7- commitments for improvements indicated above to significantly impacted regional and local roadways and intersections: (1) if annual monitoring reports confirm that traffic volumes on the road segments or intersections above exceed Los "D" peak season/peak hour and the project is utilizing more than 5% of the respective level of service capacity, then building permits for any future phase shall not be granted until funding of the needed improvements for that phase is committed and construction has commenced. Building permits for the current phase shall be granted provided the level of service of the road segments and intersections above does not exceed LOS E; or (2) The transportation impacts to the rcads and intersections above shall be appropriately addressed consistent with Southwest Florida Regional Planning Council policies and with the minimum mitigative measures proposed by the Florida Department of Community Affairs in Rule 9J-2.0255, Florida Administrative Code Transportation Policy. The Regional Planning Council shall be consulted during the calculation of proportional share and/or pipelining of regional road improvements pursuant to the DCA rule. In the DCA rule formula, "trips existing" shall be defined to mean all non-DRI trips on. the roadway (or intersection) existing at the same time as the.DRI trips in the proportionate share calculation. The resultant DCA proportionate share formula shall be applied to the total costs of necessary roadway and intersection improvements. 4. VEGETATION AND WILDLIFE/WETLANDS: a. Golden Polypody Ferns and Butterfly Orchids shall be relocated to appropriate protected areas on —site. b. The 2.47 acres of wetlands preserve shown on the approved Master Development Plan shall be preserved. C. Prior to issuance of construction permits for an approved development phase of. the Citygate project, a Red Cockaded Woodpecker (RCW) survey utilizing previously approved methodology will be conducted to insure that RCws have not established nest cavities in the development area. The survey shall occur within 60 days of the start of construction, and if it is determined that RCW nest cavities have. been established in the construction area, determination shall be made by the agencies responsible for RCW protection laws as to the necessity of modifying the RCW Management Plan. d. Annual, RCW surveys, utilizing the previously approved methodology, will be undertaken until 5 year after final build --out of the Citygate project, with results of the annual RCW surveys to be reported to Game and Fish Commission (GFC), U.S. Fish wildlife Service (USFWS), SWFRPC, and Collier County within 30 days of survey completion. -8- i e- Proposals to tedit the Citygate RCW Manage:�ent Plan may or submitted at any time. such proposals shall be andforaging by a cu=rent survey of on -site RCW nesting as is. gong Patterns,val- and such additional information reguzred to evaluate the proposed Management Plan modification. Upon determination that the on site colonies in any area sought to be rewoved from RCW Preserve Area have been abandoned, and any required off site mitigation is being provided, appropriate modification to the RCW Management Plan shall be approved. Melalauca f• reserve preserve and other exotic vegetation within the RCW parea and elsewhere an the Citygate site will be eradicated, thus signifi quality of RCg foragcantly enhancing the e area an site. g• and/or r by undergrowth will be controlled b and ar y use of mechanical a y burning h. pine trees quiament. or more having a Diameter Breast Height (D81i of 8 located outside the RCW the required Yazd and buffer areasrinerhe but within the site, will be conserved to the remainder of forage areas. Bast of t e Provide additional RCW vicinity of the RCW h FPSL easement in the Master Plan the preserve area as -identified on the acres; minimum parcel sizes are to be 2 minimum yards are front 500 rear 50, side 251; not more than 20* of these requir devoted to vehicular dr, ed yards may be least 30t of ives and Parking- spaces; at each development site must be devoted to natural and/or installed landscape areas. Lands within the RCW preserve area may be utilized for limited recreational purpa$es such as walkurays, logging trails, picnic facilities disturbance to native vegetation is mlong as recreational inimal t he activities avoid the RCW nest trees. Underground utilities and ce drainage sweles may cross the RCW-preserve area. surfa The preserve area shall be posted indicate that it with signs which disturbance is an RCW preserve and that When a of the birds is prohibited and unlawful. �plementedo� mitigation plan is approved and the provisions thereofant's Plan' shall be subject to M. All other Commitments made b the CitYgate ADA or sufficiency Applicant either in Conflict with the -above xec�medcc=lnss, not in approval. as conditions for developmentsorderhall be Pproval. S. WASTEWATER MANAGEMENT: a. No commercial, Service R & D and/or Industrial development shall be allowed until a package treatment plant or central processing plant is on line to serve the project. b. The applicant shall provide assurance that any hazardous wastewater will be segregated from everyday wastewater_ . C. If percolation ponds are used, they Faust fully comply with FDER standards. 6. FIRE PROTECTION A. Fire sprinklers shall be included throughout the project as required by applicable fire codes_ b. The project shall participate in lawfully adopted, generally applicable fair share requirements to fund fire gontrcLl district facility, equipment and personnel needs in order to mitigate project impacts. C. The applicant shall meet with appropriate fire district representatives during site plan review in order to incorporate any required features into the overall project design. 7_ SOLID WAS a. The applicant and subsequent tenants of the project shall investigate methods of reducing solid waste volume. b. The applicant and subsequent tenants shall identify the proper on -site handling and temporary storage procedures for any hazardous waste that may be generated .on -site, in accordance with local, regional, state and federal hazardous waste programs. S. WATER SUPPLY- - a. The applicant shall consider the utilization of "xeriscape" in the final landscape design for this project. This .design application should help to further reduce irrigation requirements for this DRI. b. Water conservation measures and practices shall be utilized in the citygate Commerce Park project. At a minimum, water conservation devices described in the Water Conservation Act (Chapter 553.14 71crida .Statutes) must be used, landscape irrigation shall be restricted to the hours of 5 P.M. to 9 a.m., and non -potable water sources should be utilized for irrigation where possible. .P' g , GEN$Rr1 . gON$ DERATIONS : a. The development shall satisfy the requirements of any Ordinance, which also requires other developments not subject to Chapter 380.06, Florida tatutes procedures to participate, to contribute its proportionate share needed to accommodate the impacts of the development; or �. Pursuant to Chapter 380.06(16), Florida Statutes, the applicant may be subject to Credit for contributions, construction, expansion, or acquisition of public facilities, if the developer is also subject by local ordinance to impact fees or exactions to meet the same needs. The Iccal government and the developer may enter into a capital contribution front -ending agreement to reimburse the developer for voluntary contributions in excess of his fair share. C. The development phasing schedule presented within the ADA and as adjusted to the data of development order approval with phase endings modified as tollows: phase i - 1994, Phase II - 1997, Phase III - 2000' Phase TV - 2003, phase v - 2006, shall be incorporated as a condition of approval. If development order conditions and applicant commitments incorporated within the development order to mitigate regional impacts, are not carried out as indicated to the. extent or in accordance with the timing schedules .specified within the development order and this 'phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. 10. P.U.D. DO T• The approved Citygate PUD document and Master Develop-ment plan, as those documents may be officially modified from time to tiros, are hereby incorporated in and made.a part of this Development Order and are entitled Exhibit ^A", attached hereto. BE IT FURTHER RESOLVED, by the Hoard of county. Commissioners of Collier County that: 1. All commitments and impact mitigating actions provided by the applicant in the Application for 'Development Approval and supplemental documents and the Application for Public Hearing for rezoning and supplemental documents that are not in conflict with conditions or stipulations specifically enumerated above are hereby adopted by this Development order by' reference. 2. The Development services Director shall be the local official responsible for assuring compliance with the Development order. -11- 3, This Development order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within five (5) years from the date of final approval of the Development order, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by'the Board of county commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. 4. pursuant to section 380.06 (15) (c)3, Florida St Iutes (19s7), this project is exempt from down zoning or intensity or density reduction -fora period of seven p) years from the data of adoption of -the Development order, subject to the conditions and limitations of that section of the Florida statutes, provided t hat physical development commences within five (5) years as provided in Section 3 hereof. 5. The applicant or its succasscr(s) in title to the subject property shall submit a report annually, commencing one year from the effective data of this development Order,' to the Hoard of county Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report shall contain the information required in Section 0-2.025(6), Florida Administrative Code. Failure to submit the annual report shall be governed by Subsection 380.06 (18), Florida Statutes. 6. subsequent requests for development permits shall not -' require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County Commissioners of Collier county, after due notice and hearing, that one or more of the following is present: a. A substantial deviation from the terms or conditions of this development order, a substantial deviation to the project development phasing schedule, or substantial deviation from the approved development plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which were not evaluated in the review by the Southwest Florida Regional planning Council; or b. An expiration of the period of effectiveness of this .development order as provided herein. 12- Upon a finding that either of the above is presented, the Board of County Commissioners of Collier County shall order a termination of all development activity until such time as a new DRI Application for Development Approval has been submitted, reviewed and approved in accordance with Section 380.06, Florida Statutes. 7. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the applicant to comply with all other applicable local, state or federal permitting procedures. a. The definitions contained within Chapter 380.06, Florida Statutes, -shall control the interpretation and construction of any terms of this Development order. 9. This Order shall be binding upon the Developer, its assignees or successors in interest. 10. it is -understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this order. 11. In the event that any portion or section of this order is determined to he invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions, of this Order which shall rema-in in full force:and effect. 12. This resolution -shall become effective as provided by Law. 13. Certified copies of this order are to be sent immediately to the Department of Co=ranity Affairs, and. Southwest Florida Regional Planning Council. DULY PASSED AND ADOPTED this 13th day of December_ 1988. DATE: December 13, 1988 BOARD OF COUNTY COMMISSIONERS COLT COUNTY,FWIDA. 2 BY ATTEST': BY: Deputy Clerk w ,TAMES C. Y f CLERK APPROVED AS TO TOhM AND LEGAL SUFFICIENCY MAR,70R$E M. STUDENT ASSISTANT COUNTY ATTORNEY CITYGATE RESOLUTION -13- r DE�LOPIVIE�, OVER —2aU-- oz RESOL�ON NO. �� S., A RESO02, AS A ON pBVF-,Op' OFMGALOPIyl, p�E PHAS�G iG gOR SE REGIONS SPA AMERCE pg12K FOR SCHEDULE By ON ONE A, 04, By DA IENVGELOPI M APPROVRzC NPiIVG DAx�LOP712ENT O R SECTIONS C-ZON DTI B TERMINOR ATIO OTG TO THE T AND N DAB FOR 'rim OF CONSMi REQUIItED TWO, F �MPTPRO>ECT CTTON AND CONvUS wmnds. DOWN , PEWOD OF PREVIOUS LAW,O ACT. E� ON' SECTION LY ISS SE�AM ON N T TRANSI4HTTAL TO DCiJA$ DBVELOP T E EC�i CTNB DATE DER, I7evelopzn M' the $oard of County Co Order 88- �s�oners approved 02, as amended, of Collier County, Florid Developnieizt order, Devehopinent o f Regional (the Development Order) on December, ; a' aFProved ��5� a �� known as Citygate Coerce which result of Park the DePai�ent °f Co an aPpeah, a Settlement which is de ��t' Affa►rs result Agreement be in tween Collier County and erred to be the be an effectiveapproval r Order mcUcates Physical developm t °f g datefor the $ve-year Period e appr val to of October 29, 1990, 1,AS,the theprojectmust" w�ch the Development buildout '4 Providedence; and with the � for five three - Year being three be Octo6er29 Year phases for a total of 25 y for I993, wi Yeats �Dm the date the W7°lS, on last Phase being October 29e I, 2005 appeal was dismissed which would 1}evelopn1eAt marY 21, 1995 , and Order 95.02, Resolution No. 95_ 43 Which of Co target dates by five (S) Ye" 1, htch had rutty Colom'ssionets approved by ref �� the APFfi�lion � Y, and �e effect of extending all Yearly stance made a pry of the Develo ent Ohm t Approval (ADA) was inc o WHEREAS, the Ondet, and �O ed into and des cubed and set fo real prop�Y which is the sub' rth in �hibit •,_ )act of the '� tQ the Devel°pnient Order; and evelopment Order is legally Words are deleted, cords underpin d am added. -I- WMMAS, the owner; of the DRI property desire to extend the date by which significant physical development is to begin, the project buildout date and phasing schedule by an additional five (5) years less one day; and WHEREAS, William R. Vines, of Vines and Associates, representing Richard K. Bennett, Trustee, Nations Bank Land Trust No. 5360, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WIMLEAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on May 23, 2000, WHEREAS, on MwZA 2000, the Board of County Commissioners, at a Public hearing in accordance with Section 380.06, Florida Statutes, having considered application and notice of proposed changes to the Citygate Comrneree Paris Development Order 88-02, as amended, and the record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission; and report and recommendation of the Collier County Planning Commission; the report and recommendation of the Collier County Planning Staff and Advisory Boards; the report and recommendations of the Southwest Florida Regional Planning Council, the Board of County Commissioners of Collier County hereby approves the following Citygate Commerce Park Development Order amendments. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENT OF DEVELOPMEW ORDER A. Section 9.c of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: c. The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase I October 90� 27, 2002. Phase II October 29,2991- 27, 2005- Phase III October 28,2904 27- 2007, Phase IV October 29, 2997--22, 201 Phase V October 29, 2914-27. 2012. shall be incorporated as a condition of approval. If development order conditions and applicant commitments, incorporated within the development order to mitigate regional impacts, are not carried out to the extent or in accordance with the timing schedule specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. Words 0k%4 #Fee are deleted; words Lm-dcxlmcd are added. -2- c Ci to P—rojwt. contains 209 acres of building sites exclusive of streets lakes, and other non building site areas. Until the wetland 'uris 'ction lines and. the Red -Cockaded Woodpecker MoMement Plan have been refi=hpJ any necessary aster Plan and/or PUD modifications made a complete new TIS Rrepared,and a new DOA qRprgved, devel ent i.e. building ermit issuance, shall be limited to 15° of the Emiect site acres which is-31.35 site acres. The 31.35 acre maximum develoment area shall be located west of the FPL easement exc t for the area east of the-FPLen which there are no 'urisdictional wetlands and in mrbich no R2d Cockaded Woonesting r ftMWD& area has been es lisped. -Wkata-rowament facilitiesto accommodate the initial devaIgment am MLy a= east of the FPL aMent. as wavided for in ONE: PpagMph 4.c. of Devel ent Order 90-4. B. Paragraph 3 of an untitled Section (Page I2) of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: 3. This Development Order shall remain in effect for the duration of the project However, in the event that significant physical development has not commenced within ton (19) twelve years from the date of final approval of the Development Order, development approval shall terminate, and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on October 28, 39; 2 27, 2014. C. Paragraph 4 of an untitled Section (Page I2) of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: 4. Pursuant to Section 390.06 (15)( c ) 3, Florida Statutes (49P 1299 this project is exempt from down zoning or intensity or density reduction for a period oftwel*e-(12) fourteen Q years from the date of adoption'of the Development Order, subject to the conditions and limitations of that section of the Florida Statutes, provided that physical development commences within t bw— vc-f 121 years as provided in Section 3 hereof SECTION TWQ:_FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A., attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The applicant submitted to the County a Notice of Change to previously approved DRI known as Exhibit B, and by reference made a part hereof. Words sipask flmu& are deleted; words underlined are added. -3- D. The applicant proposes the development of Citygate Commerce Park on 287.187 acres of land for a commercial development described in Development Order 88-02, as amended. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC. F. The development is not m an area designated an Area of Critical. State concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. G. The proposed changes to the previously approved Development Order fall within the parameters for extensions ofbuildout pursuant to Subsection 380-06(19)( e)2., Florida Statutes. SECTi E: -CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order amendment includes operations described in the Notice of Change to a previously approved DRI, Exhibit B, attached hereto and by references made a part hereof B. The proposed changes to the previously approved Development Order are consistent with the report and reconvnendations of the S WFRPC. C. The proposed changes to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives, of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved Development Order are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. The proposed changes do not constitute a substantial deviation pursuant to Subsection 380.06(19) (e )2., Florida Statutes, and therefore a public hearing thereon is not required. SECTION FOUR: A. Except as amended hereby, Development Order 88-02 shall remain in full force and effect, binding in accordance with its terms on all parties thereto. Words waa& ama am deleted; words underlined are added. -4- B. Copies of this Development Order shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Laud and Water Management, and the Southwest Florida Regional Planning Council, Board. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote. Done this .day of a., 2000. Attest. as to Chaitsan's �ilanattire•onl�. 9• •••ATTEST:~ bWIt TE'BROCY, Clerk Approved as to Form and Legal Sufficiency Marjo M. Student Assistant County Attorney &dmiND0A-86-02MNAm I BOARD OF COUNTY COMMISSIONERS CO OL T1N Y, �[ RIDA . r TpVtOy J. CO , CHAIRMAN Words SIFAek thm are deleted; words wed are added. -5- HOLE. MONTE5 AND ASSOC.. 'NC. Hh4A File No. 85.23 9130186 CONSULTING ENGINEERS- LAND SURVEYORS Sheet 1 of 2 LECAL DESCRIPTION The North half of Section 35, Township 49 South, Range 26 East. Collier County, Florida LESS the West 100.00 feet thereof for right-of-way purposes and LESS the following described parcels: A parcel of land being's porflo'6617 the Na'rthw"est quarter'of- -- Section 35, Township 49 South, Range 26 East, Collier County, Florida. Being more particularly described as follows: Commencing at the quarter Section corner, common to Sections 34 and 35. Township 49 South, Range 26 East, Collier County, Florida. Said quarter corner being marked with a 4" x 4" concrete monument having a 3-inch brass cap attached to the top thereof, with a 314-inch iron pipe; thence along the Section line between said Sections 34'and 35. North 00029115" West, 1,382.43 feet to a point on the centerline of the proposed Access Road No. 1 as shown on the State of Florida .Department. of Transpartati.on Right -of -Way Map for State Road No. 93 (1-75) Sheet 8 of 10'; thence along said centerline of the proposed Access Road No. 1 North 89031'01" East, 100.00 feet to a point on the East right-of-way line of a canal, said point also being on the centerline of the proposed access road to the water treatment plant parcel. thence along said East canal .right=of-way line'... North 00*29115" West, 5o:o0 feet to a 4" x 4" concrete monument marking the Northwest corner of the proposed access road right-of-way to the water treatment plant parcel; and being the true POINT OF BEGINNING of the parcel to be herein described; thence along the Northline of said access road right--of-way North 89031'01" East, 456.51 feet to a 4" x 4" concrete monument marking the intersection of said North right-of-way with .the West boundary line of the water treatment plant parcel; thence�.along said West boundary line North 0004711411-East;--194.98 feet to an iron rod on the Westerly right-af-way of a strip of land 170 feet in width for a Florida, Power E Light Company (FPSL) right-of-way as described in Official Records Book 681, Page 1210, Collier County Records; thence along said Westerly.FPEL right-of-way North 31030,28" East, 70.02 feet to an iron rod; thence continuing along said Westerly FPSL right -of --way South 58030L03" East, 761.56 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FPS L right-of-way South 00047$14" West, 1,065.70 feet to a 4" x 4" concrete monument; thence continuing 41•ong said Westerly FPEL right-of-way South 00°47'14" West, 332.74 feet to an iron rod marking the Intersection of said Westerly FP&L right-of-way w'lth the South tine of the North half of the South half of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Collier County, Florida; said point also being the Southeast corner of the parcel being herein described; thence along said South line of the North half of the South half of the Northwest quarter of Section 35, South 8900414o" West,.69o.82 feet to a 4" x 4" concrete monument; said �X}11 2t r'p�� 4 HMA Fi l e .to. 85.23 9130186 Sheet 2 of 2 point being the Southwest corner of the parcel being herein described; thence along the -West boundary line of said parcel North 00047'14" East, 653.8D feet to a 4" x 4" concrete monument marking the intersection of the West boundary of the water treatment plant parcel with the South right-of-way of the proposed access road to the water treatment plant parcei; thence along said South right-of-way south 89031101" West, 454_28 feet to a 4" x 4" concrete monument sharking the intersection of said access road South right-of-way with the East right-of-way of a -cana•l,- thence -along said -canal -fast-right-of-way North 00°29' 1.5" West 100.00 feet to the POINT OF BEGINNING. AND A portion of the North half of Section 35, Township 49 South, Range 26 East; being described as follows: Begin on the South line of the North half of said Section 35, at a point North 89000101" East 1DO.00 feet from the Southwest corner of the North half of said Section 35, thence run North 00°29115" West, 1,334.19 feet, thence South 04'21108" East, '296.792 -feet,' thence -South 020461 25" 'East;' 750.60 feet to -the`"' ' beginning of a curve concave to the Northeasterly having a radius of 336.00 feet, thence run Southerly along said curve•240.58 feet, through a central angle of 41001'29" to the end of said curve, thence South 4304715411 East, 94.86 feet to the South line of -'the North half of said Section 35. thence South •89°00'01"- - - - West, 206.27 feet to the POINT OF BEGINNING. ' AND A portion of the North half of Section 35, Township 49 South, Range 26 East; being described as follows: Begin on the South line of the North half of said Section 35, at a point North 89000101" East, 306.27,feet from 'the Southwest corner of the North half of said Section 35, thence run North 43'47'54" West, 94.86 feet to the beginning of a curve concave to the Northeasterly having a radius of 336.00 feet, thence run Northwesterly along said curve 240.58 feet through a central angle of 41001129" to the end of said curve, thence North 02046125" West, 750.60 feet, thence North D4021108" West, 296.92 feet, thence North 00029115" West, 85.00 feet, thence North 89a31'01" East, 64.42 feet, thence South 04021108" East, 378.34 feet, thence South 02046125" East, 751.35 feet, to the beginning Of a curve concave to the Northeasterly having a radius of 266.00 feet, thence run Southeasterly along said curve 190.46 feet, through a central angle of 41001129" to the end of said curve, thence South 43047154" East, 159.68 feet to the South line of the North half of said Section 35, thence South 890001010 West, 95.40 feet to the POINT OF BEGINNING. 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N I" 1 S W 3 1 wlC $ I � I a� V14 "III c� N" ,u� aiz� �vd 'ta9 �oae ao GNb' N_iY3SV3 7 �� ,SLZLOZ 3 „ti I I �s hsO tC� b R ��• � Q Ng$ a \ o s tp drs N f M I N I Fl, z r �rn z m i � V Y ofil� $ o -all 01 091 00 o g 9�-__ ° I A i a R c t LU.7 W w H E+m MAM E ar w m (AZ w VNiYN7E -o-.q w� cu.c, ru,e. � • aEl e, a 3,�ry N f y b FU 4 TT O � a Cz �— "JI--- ---� 0 ra 01Z1 MVd 198 )dOW Mo O Vei mvd 99 Moos ro p 30 ONV N3W3SV3 7d3 30 ONV 1N3iN3SV3 7dj d � z `tc — — Y I 5L'iLOZ 3 tri,L*.00 NIS � ICI I I 1 : IE IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT,. STATE OF FLORIDA BAY POINT CLUB, INC., NOT FINAL UNTIL TIME EXPIRES TO Appellant FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILET] V. CASE NO. 1D03-1240 BAY COUNTY, a political subdivision of the State of Florida, and K. EARL DURDEN; DAVID ALLEN SPENCER; HARRY B. S_ IPPLE, III; UNAL TUTAK; DAVID W. HILL; LUCY N. MLTON; WILLIAM F. FUSSELMAN; and BAY POINT COMMUNITY ASSOCIATION, INC., Appellees. J Opinion filed October 25, 2004. An appeal from an order of the Florida Land and Water Adjudicatory Commission. D. Andrew Byrne and Bram D.E. Canter, Cooper, Byrne, Blue & Schwartz, LLC, Tallahassee; and Kenneth D. Goldberg, Tallahassee, for Appellant. Robert C. Apgar and Sherry A. Spiers, Law Offices of Robert C. Apgar, Tallahassee, for Appellees, representing K. Earl Durden, et al. Michael S. Burke; Burke, Blue & Hutchison, P.A., Panama City, for Appellees, representing Bay County. Paul H. Amundsen and Richard W. Moore ; Amundsen & Gilroy, P.A., Tallahassee, for Appellees, representing Bay Point Community Association. Janet E. Bowman, Legal Director, 1000 Friends of Florida, Tallahassee, as Amicus Curiae. David L. Jordan, Deputy General Counsel, Department of Conununity Affairs, Tallahassee, as Amicus Curiae. EN BANC HAWKES, J. This case involves the extent of vested rights in a development of regional impact (DRI). We consider the case en bane, pursuant to Florida Rule of Appellate Procedure 9.331(1), to maintain uniformity of this court's decisions. A proper resolution of this case requires us to recede from our prior decision in Edgewater Beach Owners Assn v. Walton County, 833 So. 2d 215 (Fla. Is' DCA 2002), rev. denied, 845 So. 2d 889 (Fla. 2003), to the extent that it conflicts with this opinion. The question before us is: Once a DRI has been approved by the regional planning agency, do all proposed changes not requiring additional regional review become vested development rights, exempt from any local government review and approval? We answer the question -no," and affirm the order of the Florida Land and Water Adjudicatory Commission (FLWAC). Bay Point Club, Inc. (Appellant) proposed changes to a relatively small portion' of a previously approved DRI. The changes, although rather dramatic to the affected 'Appellant owns only four parcels (F, 9, 10, and 12), which comprise approximately 16 acres of a 946 acre development. The proposed changes are to these four parcels. -2- All other changes, whether statutorily enumerated or not, would be classified as "not a substantial deviation." See § 380.06(19)(c), Fla. Stat. (2001). Logically, because the changes in this case do not have regional (i.e., multi -county) impact, they are not required to undergo a new development of regional impact review process. See U Here, the parties stipulated that Appellant's proposed changes fall within this second classification. Aldwugh not a term used !a the statute, the parties label the proposed changes "non -substantial" This label mainly serves as a convenience to indicate the project does not have a regional, or multi -county impact. The tem does not lead to a conclusion that the proposed changes are minor, of no significance, or exempt from the Bay County Comprehensive Plan. Only development rights originally approved are vested development rights. Once a DRI has been approved, the right to develop pursuant to the terms of the DRI vests. See § 163.3167(8), Fla. Stat. (2001). Vesting means development rights obtained through a previously approved DRI are not lost by subsequent changes in the law. It does not, and cannot, create entitlement to greater rights than those -4- .��':sr:.--�'":er.��s^ri+te . .. . . .. ..+o=•:.?:�.:�::, �-�"* .... _ ..:.�,ti4.�'��..':r,`...—.. _.av�A�IEIE.rJYr�:_�'t+4.�t!:� originally obtained? Accordingly, a proposed change jeopardizes vested rights because, by definition, the change seeks different development rights than those development rights originally approved. The proposed changes. Here, we are dealing with four parcels constituting approximately 16 acres of an original DRI containing 946 acres. Appellant owns only these 16 acres. Appellant's proposed changes significantly increase height limitations (from a maximum of five stories with a majority being two and three stories, to a maximum of 12 stories with the minimum being six stories), doubles residential density, and completely eliminates previously existing and originally approved recreational facilities. These changes are not insignificant. The applicable statutes. Three well -established principles of statutory constriction mandate FLWAC be affirmed. First, where the language is clear and unambiguous, it must be given its plain and ordinary meaning. Second, no term should be rendered meaningless. Third, statutes which relate to the same subject must be read in pari materia and construed Z The dissent's conclusion that this opinion "obliterates appellant's legitimate property rights" is puzzling. Appellant never possessed a property right to the changes it now seeks. Rather, its only "legitimate property right" was in developing its property as originally approved by the DRI. -5- u.. to give meaning and effect to each part. See Palm Beach County Canvassing Bd, v. Harris, 772 So. 2d 1273, 1286 (F1a.2000). Here, the relevant statutes we must read in pari materia are sections 380.06(19)(f)6, 163.3194(1)(a), and 163.3167(8), Florida Statutes (2001). Section 380.06(19)(f)6, recognizes local government's authority to review and approve proposed changes to previously approved DRIs. The statute, in pertinent part, provides: "If the local government determines that the proposed change does not require further development -of -regional -impact review and is otherwise unnrmd . . . the local government shall issue an amendment to the development order inc orlwrating the approved change and conditions Q,C�n� relating to the change." Id. (emphasis added). The Ianguage "and is otherwise approved ...." clearly and unambiguously requires a proposed change be subjected to, rather than exempted from, additional local approval even when no further DRI review is necessary. Similarly, the language "and conditions of approval relating to the change," clearly and unambiguously recognizes that a developer does not, per se, hold vested rights to proposed changes in a previously approved DRI simply because the changes do not require further DRI review. A vested right cannot be subject to "conditions of approval" This plain, statutory language requiring approval and recognizing the power -6- of local government to condition that approval means Appellant's vested rights do not expand to include proposed changes. Section 163,3194(1)(a), Florida Statutes (2001), provides: "After a comprehensive plan, or element or portion thereof, has been adopted in conformity with - this act, aU development undertaken by, and ad actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan or element ahaK be consistent with such plan or element as adopted." Id. (emphasis added). Based on this plain and unambiguous language, any development right not vested prior to the adoption of the comprehensive plan, must comply with the requirements of the comprehensive plan. Since "changes" cannot be vested, "changes" are included in the phrase "all development undertaken," and must comply with the local comprehensive plan. Section 163.3167(8),Florida Statutes (2001) provides: "Nothing in this act shall limit or modify the rights of any person to complete any development that has been Guth as a development of regional impact pursuant to chapter 380 ...." Id. (emphasis added). Appellant's proposed development changes (an approximate 100% increase in residential units, more than doubling the height limitation, and eliminating all recreational uses) were never previously authorized. Thus, Appellant 50 has ho vested right to the significant development changrs proposed. Its only vested development right is in coMpleang development authorized by the original DRI. When reading these sections in pari materia, an approved DRI creates vested rights to cornnlete any development that " " See § 163.3167(8), Fla. Stat. (2001). Proposed changes that are not required to undergo a new DRI permitting process, must be "otherwise approved" and may be subject to "conditions of approval_" See § 380.06(19)(f)6., Fla. Stat. (2001). ",dd development" and 10 actions taken in regard to development orders„ "da be consistent" with the comprehensive plan. See § 163.3194(l)(a), Fla. Stat. (2001). Stated more clearly: DRIs previously authorized may be completed, but changes must obtain approval, and must comply with the comprehensive plan. Following an evidentiary hearing, the ALJ found the proposed changes were inconsistent with the comprehensive plan. FLWAC held these findings were supported by competent, substantial evidence. Because FLWAC's decision is supported by competent, substantial evidence, and is based on a proper interpretation of the relevant statutes, we AFFIRM. WOLF, C.J., ERVIN, BOOTH, ALLEN, WEBSTER, DAVIS, BENTON, VAN NORTWICK, PADOVANO, BROWNING, and POLSTON, .IJ., concur. KAHN, I., dissents with opinion in which BARFIELD and LEWIS, JJ., concur. �..�,�....._�, �.,..,�........-.w..,,.. -9- 'iaey�.:x..`S�-fYRiiaP�M1b�.lb4h}]ktw'A9RR'YfhY�.�!:W_��w.�t`�!_� . _ KAHN, J., dissenting. The Governor and Cabinet sitting as the Florida Land and Water Adjudicatory Commission (FLWAC) have issued a finall order declining to approve appellant Bay Point Club, Inc.'s Notice of Proposed Change (NOPQ to the Bay Point Yacht and Country Club Resort Development of Regional Impact (Bay Point DRI). This appeal questions FLWAC's application of statutory and case law to undisputed facts developed before an administrative law judge (AL7). Our review is under the de novo standard. We should reverse with directions that the NOPC must be approved as a vested right of appellant Bay Point Club. I, therefore, dissent. The facts in this matter are gleaned primarily from the recommended order issued by an ALJ of the Division of Administrative Hearings. FLWAC's final order approved the AM findings of fact and conclusions of law in thew entirety. The Bay Point DRI comprises 946 acres in Bay County. Development of the several parcels that comprise Bay Point began in the 1970s. The Bay Point DRI was originally approved in 1986, five years before Bay County adopted its first comprehensive plan in 1991 pursuant to the requirements of Chapter 163, Florida Statutes. Appellant Bay Point Club, Inc. awns parcels F, 12, 9, and 10 all located within the DRI. -10- When Bay County approved the DRI in 1986, such approval authorized the development of 2,161 residential units, 200 hotel units, 123 marina slips, and recreational facilities on the DRI's 946 acres. At the time of the original development order in 1986, the Bay Point Yacht and Country Club Resort was the sole developer of the DR1. Since that time, ownership and control of various parcels within the DRI have. changed. Now multiple owners and developers have involvement in the 36 separate development areas or parcels contained within the DRI. Appellant owns the four parcels involved in the present case. When Bay County adopted its first comprehensive plan in 1991, the county recognized and incorporated the Bay Point DRI through the adoption of an overlay to the future land use map (FLUM) delineating the boundaries of the property. Future Land Use Element Policy 3.4.5 of the Bay County plan recognizes the DRI and provides: The Bay Point Development of Regional Impact (DRI) special treatment zone shall be established in order to ensure compatibility and consistency between the Bay Point DRI development order and the FLUM. Development in this area shell be governed by the DRI development order. Parcels F and 12 were designated as "seasonal/resort" and parcels 9 and 10 were designated as "residential' on the FLUM. The designations remain in effect. As recognized by the ALJ, a seasonal/resort classification allows a broad range of uses -11- such: as beach houses, multi -family housing, condominiums, hotels, lodges, restaurants, and other similar areas, while a residential classification permits land uses typically associated with residential occupancy. Bay County has approved fifteen amendments to the Bay Point DRI development order since 1986. None of these changes constituted a "substantial deviation" requiring further DRI review under Chapter 380 of the Florida Statutes. § 380.06(19)(a), Fla. Stat. (2001). Bay County has never required a corresponding amendment to its comprehensive plan for any of these previous changes. The NDPC issued by appellant affects the four parcels that it owns. Accordingly, a consideration of the history of these parcels is appropriate. The origitmi DR] development order authorized construction of a 70-unit condominium building an parcel F with a maxiinutn height of five stories. At the time of the original DRI; order, tennis facilities existed on parcel F. The approved condominium building has tiever been built, and lack of membership support forced the closing of the tennis facilities in 2000. Adjacent to parcel F lies parcel 12 on which a clubhouse, swimming pool, and other facilities had been built before approval of the Bay Point DRI. The DRI development order treated these improvements as existing vested uses and -12- ineoi�porated parcel 12 into the DRI. The clubhouse, however, closed in 1996 due to lack of membership support and has since been torn down. Parcel 10 was originally approved as the site for a new sports center clubhouse. This clubhouse would have included golf, tennis, and health facilities. The DRI order envisioned a 14,000-square-foot clubhouse including a 90-seat restaurant, with a health club, and various related facilities and offices. These amenities have never been constructed. The DRI order set aside parcel 9 as the site of a future Bay Point tennis renter. Under the order, this center would have been comprised of fourteen tennis courts, with stadium stands for the center court. As with parcel 10, the proposed amenities for parcel 9 have never been built. Appellant's NOPC proposes to leave parcels 9 and 10 undeveloped for passive recr6ational uses. Under the NOPC, appellant proposes to combine parcels F and 12 and to build on that site three condominium buildings with a total of 136 units and varying m height from six to twelve stories. This part of the proposed change would increase by 66 the number of condominium units previously approved on parcels F and 12, when compared with the original DRI order. With the additional 66 units, the total number of residential units in the Bay Point DRI would still be 79 fewer than the 2,161 units originally approved for the DRI because previous amendments -13- curnWatively eliminated 145 residential units on other parcels of the DRI. Parcels F and 12, the site of the proposed 136-unit development here at issue, comprise collectively 8.8 acres. Parcels 9 and 10, which appellants propose to leave vacant for passive recreational uses, comprise approximately 10 acres. Under chapter 380, Florida Statutes, any proposed change to a previously approved DRI "which creates a reasonable likelihood of additional regional impact, or any type of regional impact created by the change not previously reviewed by the regional planning agency, shall constitute a substantial deviation and shall cause the development to be subject to further development -of -regional -impact review." § 380.06(19)(a), Fla. Stat. (2001). Specific numerical thresholds appear in section 380.06(19)(b), Florida Statutes, applicable to determination of whether a proposed change triggers the substantial deviation provisions of section 380.06. Here, the West Florida Regional Planning Council, pursuant to its statutory duty of comment, advised Bay County that the NOPC initiated by appellant for parcels F, 12, 9, and 10 would not constitute a substantial deviation to the Bay Point DRI. The Department of Community Affairs, which under section 380.06(19XI)4. is directed to file with local government any objections it may have to a proposed change, did not -14- submit any such objections to Bay County. Under the statutory scheme, if the Department of Community Affairs had submitted objections, it would have done so before the public hearing at which the proposed change would be considered. § 380.06(19)(f)4., Fla. Stat. (2001). In August and September 2001, the Bay County Board of County Commissioners conducted quasi-judicial public hearings on the NOPC. At the latter meeting, the commissioners denied the NOPC after a two -to -two tic vote on the question of whether the proposal constituted a substantial deviation. The County made no detezmination with respect to the question of whether the NOPC was consistent with Bay County's comprehensive plan. After the County's denial, appellant initiated a proceeding before FLWAC under section 380.07, Florida Statutes (2001). Section 380.07(2) vests FLWAC with authority to review "any local government development order ... in regard to any development of regional impact.... " Bay County, having denied the NOPC, was the original respondent before FLWAC. Very shortly, however, appellees Durden, Spencer, Sipple, Tutak, Hill, Hilton, and Fusselnm, all of whom own property within the Bay Point DRI, were allowed to intervene, as was the Bay Point Community Association, Inc., the homeowners' association for the Bay Point DRI. -15- !:s�+_,�r:._�r��:-.:v-p"�!.,n,.a�M�.«r3z^Ufa-:.+oai�ls•H!ww^k�A�.W.£qr.wa�...a.:...-..Y......�.x,^�, _ _.. .. .�. ..'_'iC°..'.Y�...�........ .... .. .. ._.. After the intervention orders, the most critical procedural development of this case occurred All of the interveners, as well as Bay County, abandoned any claim that the NOPC would constitute a substantial deviation requiring further DRI review by Bay County. This, of course, had been the sole issue decided by the local government proceeding. Accordingly, the only issue that proceeded before FLWAC was the new contention of appellees that the NOPC is inconsistent with Bay County's comprehensive plan. The ALJ pointedly recognized and set forth in his recommended order the issue in this case: In more simple terns, however, Intervenors object to any high-rise development in an area surrounded by single-family residential homes and in a community (Bay Point) where no other buildings exceed seven stories in height, Before FLWAC, appellees contended that the NOPC would be inconsistent with several parts of Bay County's comprehensive plan. Nevertheless, all parties to this case have recognized that under the comprehensive plan, development in Bay Point is governed by the DRI development order. As the ALJ recognized, the conditions and restrictions on the use and development of parcels F, 12, 9, and 10, are incorporated into the County's comprehensive plan. -16- e�.a.., e1�3-n:.reseArm 1,1 s.% ' _ _... .. nY-11— V. _.._ . — �.....a "'�"y:=r=— After the hearing, the ALJ reached several conclusions, all of which FLWAC ratified. The ALJ determined that because all of the proposed condominium buildings would exceed the five -story height limitation contained in the original DRI development order for parcel F, "the NDPC is inconsistent with policy 3.4.5." Accordingly, in the coneusions of law, the ALJ found the NDPC inconsistent with the comprehensive plan, including Policy 3.4.5, and three other provisions, all based upon "height and mass." The ALJ recommended denial of the NDPC and FLWAC concurred. The determinative question in this appeal is whether appellant possesses vested rights under the DRI, so as to exempt the NDPC from the need to comply with the comprehensive plan for non -substantial deviations to the DRI. Both the ALJ and FLWAC were content with their determination that the NDPC would go beyond what was originally approved in the DRI development order of 1986. Countering this, appellant essentially argues that, assuming a non -substantial deviation under section 380.06(19), Florida Statutes (2001), will go beyond what was originally approved, the determinative issue should be whether the proposed change would require f irther DRI review under section 380.06. Appellant argues that if the change does not require further DRI review, then the DRI remains vested and the changes are exempt from -17- ...... a'fi.,: :�'. �_'T.e:'^gh-fin'Yet'�."".•�'�'�`S'°s+"`r.`S"::�:`—". j'. �-�-w'y..,r. ....�..,W � �,r�.�ni-�R- ..?:�:�: conrolying with the comprehensive plan. I am persuaded by appellant's view of the law. Because the decision below involves application of statutory provisions to undisputed facts, the standard of review is de novo. So Ag= for Healthcare Admiin. _v 3YR5 782 So. 2d 977 (Fla. 11 DCA 2001). Accordingly, this court may decide the legal issue of appellant's vested rights without deference to FLWAC's determination. This case involves appellant's attempt to complete, or move toward completion, a previously authorized DRI. The review procedure conducted by FLWAC in this case' did not involve a review of a comprehensive plan, or a comprehensive plan amendment, but rather, a proceeding "to ensure compliance with ... the requirements for developments of regional impact" set forth in chapter 380, Florida Statutes. § 380.07(l), Fla. Stat. (2001). Faced with a concession that the NOPC did not offend the requirements of chapter 380, FLWAC nevertheless proceeded to rule that the proposed development would contravene Bay County's comprehensive plan, established and approved pursuant to the Florida Local Government Comprehensive Planning and Land Development Regulation Act; sections 163.3161 - .3215, et seq, Florida Statutes (2001). In my view, the proceedings conducted by, and the result -18- arrived at by FLWAC, stand at odds with the authority devolved upon FLWAC for review of a DRI amendment. The governing statute provides "the Florida Land and Water Adjudicatory Commission shall issue a decision granting or denying permission to develop p to standards of this chanter and may attach conditions and restrictions to its deci$ions." § 380.07(5), Fla. Stat. (2001). I would find, in the context of an appeal of a DRI development order, the authority of FLWAC is as delineated in the statute, and should be limited to a determination of whether the proposed amendment meets the 4tandards of chapter 380. The excursion of FLWAC in this case completely circ�rnvented any local government review for consistency with the Bay County Comprehensive Plan. In essence, FLWAC engaged in a consistency challenge involving Bay County's comprehensive plan and ultimately found that the proposed development would actually be inconsistent with the DRI itself. Doubtless, appellees will dispute this characterization. Nevertheless, we cannot help but note that the only individuals and groups actively challenging the NOPC before FLWAC and this court are themselves residents of the DRI, and not of surrounding parts of Bay County. Moreover, the inconsistencies noted by the AL3, and adopted by FLWAC, are supposed inconsistencies within the DRY, and not inconsistencies between the proposed changes 5Ra to the DRI and the comprehensive plan for neighboring areas of Bay County outside the Bay Point DRI. The Local Govenunent Comprehensive Planning and Land Development Regulation Act, under which the various comprehensive plans for Florida counties have; been developed and approved, recognizes the vested rights of entities seeking to complete the development of a previously existing DRI. Under the statutory section entitled "Scope of Act," the comprehensive planning law states. "Nothing in this act shall limit or modify the rights of any person to complete any development that has been; authorized as a development of regional impact pursuant to chapter 380 or who has been issued a final local development Order and development has commenced and is continuing in good faith." § 163.3167($), Fla. Stat. (2001). In this case, the precise issue is whether the vested rights created by section 163.3167(8) inure to the benefit of appellant, or whether the nature of the NDPC advanced by appellant extinguishes its vested rights. No issue exists in this case as to whether development has commenced and is continuing in good faith, The issue upon which I disagree with the majority is whether a proposed change to a DRI, when such change does not constitute a substantial deviation, as that term is used in section 380.06, is entitled to the protection of section 163.3167(8). To answer this question, I would turn to, rather than overrule, our decision in Ede -20- An adjoining homeowners' association challenged the approval based upon inconsistency with the comprehensive plan. Id.. at 218-19. The case was heavily litigated on the question of the association's standing. Ultimately, this court found that the association did in fact have standing for various reasons, including the assertion that 'members' ocean views would be blocked by the development which would lower the members' property values.... [T]he proposed development would place some of the Association's recreational facilities in the shade until noon." I& at 220. This court then conducted a de novo review on the question of whether the development was vested under section 163.3167(8). U We determined that section 163.3167(S) "is clear and unambiguous and should be given its plain meaning." IL at 220-21. We reviewed the legislative history of section 163,3167 and determined: In 1975, the Legislature created section 163.3167 and provided that "[n]othing shall limit or modify the rights of any person to complete any development that has been authorized as a Development of Regional Impact pursuant to chapter 380." See Ch. 75-257, § 4, at 799, Laws of Fla. In its creation of the vesting provision, the Legislature did not require that a DRI development must commence and continue in good faith for the developer to maintain its right to develop the DRI. IL at 221-22. We then reached the holding that controls the present matter: As the present case involves a development of regional impact, section 163.3167 must be read in pari rmateriar with the requirements of section 380.06, Florida Statutes (1995). Section 380.06 outlines the procedures -22- for review and approval of a development of regional impact. Once approved as a DRI and a development order has been issued authorizing development, a project need not be subject to additional DRI review and approval under section 380.06 unless an amendment to the project involves a substantial deviation. § 380.W19), Fla. Stat. (1995). 1L at 222 (citations omitted). In Ed ewater, of course, „the County specifically found . _ . that the amendments were not substantial deviations requiring further DRI review." L. As in the present case, the aggrieved property owners did not challenge that particular issue. Ise,. We noted that because the amendments "did not require further DRI review, the project did not lose its original authorization for DRI development." Id. We observed that section 163.3167(8) provides to developers vested rights to complete " development that has been authorized." U We noted that, given the plain meaning of the word "any," "vesting attaches once the original DRI development order authorizes development." 11 We then explained: This vesting would continue until the development was subjected to another DRI review. That is, non -substantial deviations to the original DRI development order would not cause loss of the vesting rights to the original development plan U We ultimately held that the developers in Edgewater did not lose any vesting rights to the original development plan because the NOPC's in that case were non -substantial deviations. a at 223. -23- Appellees would have us distinguish because in the present case the NOPC involves additional development of two of the four parcels, while in Edo the original DR1 order had contemplated the twenty -story towers that the Edgewater developers later proposed. I find this difference inconsequential given the fact that the chall�mgers' complaint in the present case is exactly the same as the complaint in eiwater — owners who have already bought residential units object, after the developer proposes construction of high-rise condominiums on property owned by the developer, subject to a pre-existing DRI order, and which development does not constitute a substantial deviation under section 380.06(19), Florida Statutes (2001). I further find that Hay County's Future Land Use Element 3.4.5 harmonizes with the vesting rights provision of section 163.3167(8). In developing its comprehensive plan, the County recognized that development is the Hay Point DRI would be governed by the pre-existing DRI development order. Accordingly, any rights held by the developer, or the developer's successors, under the DRI development order would not be sacrificed to an after -enacted comprehensive plan. Such is consonant with the Legislature's determination in section 163.3167(g) not to f Caber limit the property rights of one already subject to a previously authorized DRI. Because appellees in the present case are unable to demonstrate that appellant would need further DRI authorization to conduct the activities set out in the NOPC, appellant is -24- 4 it entitled to the vesting provision of section 163.3167{$} and FLWAC erred by holding otherwise. It is bad enough that the majority opinion obliterates appellant's legitimate property rights. The "insult to injury" aspect of this case is even worse. Underlying the majority's rationale is the assertion that "a proposed change is subjected to, rather than:exempted from additional local approval even when no further DRI is necessary." Slip Op. at 6. The point here is that no effective local review has ever taken place in this Lase. The only local review took place before the Bay County Commission, and the result was so completely unsupportable that it was abandoned by appellees, who took a completely different position when protesting the proposed development before FLWAC_ Rather than vindicating any local government rights to control development, the majority opinion bestows that right upon the most centralized institution conceivable, the Governor and the Cabinet. I would reverse FLWAC's order and direct that this matter be remanded to the local government for issuance of the development order sought by appellant. -25- STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS BAY POINT CLUB, INC., ) Petitioner, ) VS. J 1 BAY COUNTY, ) Respondent, ) and ) K. EARL DURDEN; DAVID ALLEN ) SPENCER; HARRY B. SIPPLE, III; ) UNAL TUTAK; DAVID W. HILL; ) LUCY N. HILTON; WILLIAM F. ! FUSSELMAN; and BAY POINT i COMMUNITY ASSOCIATION, INC., ) Intervenors. ) WMRIWT. 411=11 L•I1] RECOMMENDED ORDER Pursuant to notice, this matter was heard before the Division of Administrative Hearings by its assigned Administrative Lain Judge, Donald R. Alexander, on May 13-15 and September 11, 2002, in Panama City and Tallahassee, Florida. APPEARANCES For Petitioner: Kenneth D. Goldberg, Esquire 1725 Mahan Drive, Suite 201 Tallahassee, Florida 32308-5201 For Respondent: Michael S. Burke, Esquire Burke & Blue 221 McKenzie Avenue Panama City, Florida 32401-3128 For Intervenors: Robert C. Apgar, Esquire (burden et al.) Sherry A. Spiers, Esquire Law Offices of Robert C. Apgar 320 Johnston Street Tallahassee, Florida 32303-6214 For Intervenor: Richard W. Moore, Esquire (Association) Amundsen and Gilroy, P.A. Post Office Box 1759 Tallahassee, Florida 32302-1759 STATEMENT OF THE ISSUES The issues are whether Petitioner's application for a Notice of Proposed Change to its Development of Regional Impact constitutes a substantial deviation from the criteria in Section 380.06(19)(b)l.-15., Florida Statutes, and whether the proposed change is consistent with Bay County's Comprehensive Plan. PRELIMINARY STATEMENT This matter began on September 11, 2001, when Respondent, Bay County, by a 2-2 tie vote, denied a Notice of Proposed Change to a previously -approved Development of Regional Impact filed by Petitioner, Bay Point Club, Inc., on the ground that the proposed change constituted a substantial deviation. On October 12, 2001, Petitioner filed a Notice of Appeal and Petition to Appeal DRI Development Order with the Florida Land and Water Adjudicatory Commission. Petitions to Intervene in G company which owns Petitioner; Raymond Powell, president and chief executive officer of Peoples First Community Bank; and William F. Spann, a former owner and developer of Bay Point. Also, it offered Petitioner's Exhibits 1-18, which were received in evidence. Respondent, Bay County, offered Composite Exhibit 1, the record of the proceeding before Bay County, which was received in evidence. Intervenors presented the testimony of Edward R. "Ted" Mack, a land use planner and accepted as an expert; Harry B. Sipple, III, a realtor and accepted as an expert; Libby Sipple, a realtor and accepted as an expert; James Gardner, a realtor and accepted as an expert; Richard DeVed, a past president of the Bay Point Community Association, Inc.; and Karen G. Durden, K. Earl Durden, and William F. Fusselman, all property owners. Also, they offered Intervenors' Exhibits 1-23, 31-35, 37, 38, 42, and 43. A ruling on Exhibits 4 and 5 was reserved. All exhibits are hereby received in evidence except Exhibits 23, 31-35, and 38. Finally, at Petitioner's request, the undersigned took official recognition of a Final Judgment entered in the case of Durden et al. v. Bay Point Club, Inc., Circuit Court Case No_ 00-1119 (Fla. 14th Cir. 2001), aff'd 810 So. 2d 922 (Fla. 1st DCA 2002). Although Petitioner also requested that the case of Edgewater Beach Owners Association, Inc. v. Walton County et al., 27 Fla. L. Weekl17 D1880 (Fla. 1st DCA, 4 August 22, 2002), be officially recognized, that case is not final as decisions on petitions for rehearing, rehearing en bane, and certification to the Florida Supreme Court are still pending. Therefore, official recognition is premature. The Transcript of the hearing (6 volumes) was filed on September 25, 2002. At the request of the parties, the time for filing proposed findings of fact and conclusions of law was e::tended to November 8, 2002. The same were filed by all parties except Bay County, and they have been considered by the undersigned in the preparation of this Recommended Order_ Finally, on November 15, 2002, Petitioner filed a Motion to Strike Portions of [Intervenors' Proposed Recommended Order. Responses in opposition to the Motion were filed by Intervenors on November 19 and 20, 2002, and a Reply to the Responses was filed by Petitioner on November 25, 2002. This dispute is ruled upon in the Conclusions of Law portion of this Recommended Order. FINDINGS OF FACT Based upon all of the evidence, the following findings of fact are determined: A. Background 1. Petitioner, Bay Point Club, Inc. (Petitioner), is the owner of Parcels F, 9, 10, and 12 located within the Bay Point Yacht and Country Club Resort Development of Regional Impact 5 (Bay Point DRI) in Panama City, Florida. The Bay Point DRI was approved by Respondent, Bay County (County), on July 22, 1986, and authorized the development of 2,161 residential units, 200 hotel units, 123 marina slips, and recreational facilities on approximately 946 acres. The County is responsible for issuing development orders for projects that are to undergo development of regional impact review, including amendments to development orders of previously determined DRIB, in conformity with the requirements of Section 380.06, Florida Statutes. 2. When the original Development Order was issued in 1986, Bay Point Yacht & Country Club was the sole developer of the Bay Point DRI. Since that time, the ownership and control of the properties within the Bay Point DRI has changed, and there are now multiple owners and developers of the 36 separate development areas or parcels included within the Bay Point DRI, including Petitioner, who owns the above four parcels. 3. The Bay Point DRI was approved by the County prior to the adoption of its Comprehensive Plan (the Plan). When the first Plan was adopted in 1991, the County recognized and incorporated the Bay Point DRI through the adoption cf an overla,T to the Future Land Use Hap (FLUM) which delineates the boundaries of the property, As stated in Future Land Use Element Policy 3.4.5, the overlay was adopted to ensure the consistency and compatibility of the Bay Point DRI with the County's FLUM. Parcels F and 12 were designated as "Seasonal/Resort" and Parcels 9 and 10 were designated as "Residential" on the FLUM. These designations remain in effect as of the date of the final hearing. A Seasonal/Resort classification allows a broad range of uses such as beach houses, multifamily housing, condominiums, hotels, lodges, restaurants, and other similar uses, while a Residential classification permits those land uses typically associated with residential occupancy. 4. The Bay Point DRI has been amended 15 times, which amendments cumulatively reduced by 145 the total number of residential units. None of these amendments constituted a substantial deviation from the approval given in the original Development Order, and the County has never required a corresponding amendment to its Plan, FLUM, or DRI overlay as a condition for approval for any of these changes to the DRI. 5. In July 1993, PFP One, Inc., Petitioner's parent company, entered into a Purchase and Sale Agreement with the Federal Deposit Insurance Corporation, as manager of the FSLIC Resolution Trust Fund, to purchase Parcels F (a waterfront lot adjacent to the Bay Point Marina), 10, and 9 for $235,000. At that time, Parcels 9 and 10 were vacant, and they remain 7 7. The original description of Parcels F and 12 reflects that the acreage of the two sites combined is 8.83 acres. A survey completed just before the NOPC was submitted determined that the combined acreage of the two parcels was actually 9.67 acres. Petitioner has stipulated that in the event the smaller acreage number is correct, the density that will be developed on the property will be in conformity with the limitations imposed by the smaller acreage. 8. On May 14, 2001, Petitioner filed with the County a Notification of Proposed Change to a Previously -Approved Development of Regional Impact (NOPC) under Section 380.06(19), Florida Statutes. Copies were also provided to the Department of Community Affairs (DCA) and the West Florida Regional Planning Council (Council). Under the NOPC, Petitioner proposes to change the Development Order as to Parcels F and 12 as follows: The proposed project will be a 136-unit condominium project with approximately 58 units on Parcel F and 78 units on Parcel 12. The number of units on both parcels will increase from the current 70 units authorized on Parcel F to 136 units on Parcels F and 12 combined, a cumulative increase of 66 units. Three concrete structures are planned. The center building, which is the farthest from any existing development, is 11 stories in height with a step increase to 12 stories. The two exterior buildings are six stories in height with step increases to ten stories. All improvements to the project will be built by year end 2004, which is 10 the current build -out date for the Bay Point DRI, as amended. The existing tennis courts located on Parcel F will be reduced to four hard surface courts with separate restroom facilities. The residential units will consist of 1, 2, 3 and 4 bedroom condominiums, approximately 900 to 2,400 sq. ft. in size. Thus, the proposed change in Parcels F and 12 will increase the number of condominium units from 70 to 136, change the height limitation from 5 stories to 12 stories, and eliminate the existing tennis facility. In addition, Petitioner proposes to eliminate the swimming pool and clubhouse now located on Parcel 12 and replace them with condominiums. 9. The NOPC also proposes to change the Development Order as to Parcels 9 and 10 in the following manner: The designations for Parcels 9 and 10 will be changed from "Tennis Complex" and "Sports Center/Clubhouse," respectively, to Recreation. These changes are sought because of the historical absence of community or -public support for the existing private tennis and clubhouse facilities presently located on Parcels F and 12. Funded through annual memberships by residents of Bay Point and the public, support for these.facilities has been insufficient to economicall- sustain them and justify their continued operation. Consequently, due to lack of membership support, the Clubhouse on Parcel 12 was closed in 1996. For the same reason, the tennis courts on Parcel F were closed April 1, 2000. Changing the designation on Parcels 9 and 10, from Tennis Complex and Clubhouse to Recreation[, will afford the Applicant with the flexibility needed to develop new or expanded active and/or passive recreational opportunities which 11 the residents of Bay Point are willing and able to support, and which are economically feasible. In no event, howel:rer, will the Applicant develop, or allow others to develop, recreational facilities on Parcel 9 or Parcel 10 which exceed the intensity standards authorized for the development of these properties by the original Bay Point DRI. Under these proposed changes, Parcels 9 and 10, which are predominately wetlands, will remain undeveloped and constitute a passive recreation area. 10. The changes proposed in the NOPC will require corresponding changes to the uses originally approved for Parcels F, 12, 10, and 9 in the Bay Point DRI Development Order, including changes to Map H, the Master Development Plan Map_ 11, The changes proposed by the NOPC for the DRI Development Order, including the changes to Trap H, will not require a corresponding amendment to the underlying land use designations for Parcels F and 12 (Seasonal/Resort) and Parcels 9 and 10 (Residential). 12. The NOPC was reviewed by the Council for conformity with the requirements of Section 380.06(19)(f)4., Florida Statutes_ On June 11, 2001, the Council advised the County that the changes proposed for Parcels F, 9, 10, and 12 did not appear to constitute a substantial change from the previously- 12 the Commission on December 19, 2001. Although the Petitions to Intervene contended that the NOPC constituted a substantial deviation requiring further DRI review by the County, that issue has been abandoned. Remaining at issue is the contention that the NOPC is inconsistent with the County's Comprehensive Plan (Plan) by generally failing to protect residential property values, promote viable neighborhoods, and maintain the community character in residential areas, as required by various Plan Objectives and Policies. Intervenors also contend that the NOPC lacks a needed stormwater plan. In more simple terms, however, Intervenors object to any high- rise development in an area surrounded by single-family residential homes and in a community (Bay Point) where no other buildings exceed seven stories in height, b. The characteristics of the communit 15. Bay Point is a unique, residential resort development on St. Andrews Bay in Panama City, Florida_ A large portion of the land lying north of Bay Point is owned by the United States Navy; thus, Bay Point is somewhat isolated from the unplanned developments which occur in other inland areas, as well as along the Gulf of Mexico. 16. Residential and commercial development commenced in Bay Point in 1971. To date, no high-rise buildings have been constructed in the community. Most structures are one or two 14 stories in height, and only four buildings in Bay Point exceed two stories: the Bay Town commercial and condominium development (three stories); the Lagoon Towers condominium with sixty-three units (seven stories), which is the tallest building in Bay Point; the Marriott Legends Edge timeshare with twenty-eight units (six stories); and the Marriott Hotel (five stories). The three tallest buildings are in the extreme southeast portion of Bay Point a minimum of 1,600 feet and as far as 3,000 feet from the site of Petitioner's proposed high rise condominium buildings. When viewed from a distance, the four buildings which exceed two stories in height can barely be seen above the tree line, 17. Bay Point is a mixed use development because it includes residential and nonresidential uses, as well as some community facilities_ However, it is fair to state that Bay Point is a low-rise, low -density residential development, and it was planned as a predominately residential community under the 1986 DRI Development Order. Access to the residential part of the community is controlled through gates and a security force. 18. Although there are some resort rental activities and tcurist accommodations (a Marriott hotel), Bay Point is comprised of predominately permanent residents, There are 681 single-family homes on individual lots in the western portion 15 for Parcel F found in the DRI Development Order in effect on July 10, 2001, the NOPC is inconsistent with Policy 3.4.5. 26. Objective 8.5 of the Housing Element provides that all projects in the County will "preserve and protect the character, compatibility, and aesthetics of residential areas and neighborhoods through the enforcement of land use regulations." Petitioner contends that this Objective cannot apply to the development on Parcels F and 12 because these parcels are in a mixed land use category under the FLUM and therefore are not in "residential areas or neighborhood" as contemplated by the Objective. However, the Objective refers to "residential areas and neighborhoods," and not to future land use categories. Thus, the Objective is directed towards e:zisting residential and multi -family development in Bay Point, including Intervenors' property, and must be taken into account when judging the merits of Petitioner's application. 27. "Character" and "aesthetics" are not defined in the Plan. Rather, they are terms of art in the planning profession and are commonly understood by planning professionals. These terms refer to development as it exists, not development that could occur based on a land use category. This is because one cannot protect the character and aesthetics of a land use designation. 19 28_ The evidence shows that "character" consists of those attributes that lend a sense of place to an area, which people in the area can identify with that is distinguishable from other such areas. It includes such factors as type of buildings, building height and mass, the relationship of one building to another, the types of activities that go on in the area or neighborhood, the presence or absence of vegetation, the presence or absence of underground utilities, street design, architectural design, and the preservation of the long-standing stable nature of a neighborhood. "Aesthetics" are those attributes that determine whether an area is visually pleasing. 29. The character of the Bay Point community is that of a stable, low-rise, low density, residential resort community. The buildings in Bay Point consist of individual homes and small villa or townhouse -type buildings clustered on parcels. There are no high-rise buildings in the community or beachfront property. The evidence clearly supports a finding that Bay Point is a predominately neighborhood residential community. 30. Petitioner proposes to construct on Parcels F and 12 three separate high-rise buildings. The outer buildings are six stories at their exteriors, with step increases to ten stories at the interiors. The center building will be eleven 20 stories at the outer edges, with a step up to twelve stories at the peak. The construction of these high-rise condominiums will be in stark contrast to, and out of harmony with, the existing low-rise, low -bulk structures which surround the proposed project and will dramatically change the lour -rise, neighborhood character of Bay Point. Thus, the proposed condominiums are not consistent with Objective 8.5 in that they do not preserve the character of the existing residential development within Bay Point. 31. Policy 8.5.1 of the Housing Element requires compatibility between types of residential structures. The Policy also requires that specific criteria be included in the County's Land Use Code "for the preservation and protection of residential areas." It further provides that these standards should ensure that "compatibility between types of residential buildings" will be maintained, and that "residential areas will be used primarily for residential purposes." As of the date of hearing, however, no standards had been adopted, although the County is now in the process of developing such criteria. 32. Until specific criteria are adopted and included in the Land Use Code, Petitioner contends that the Policy cannot be relied upon by Intervenors. If this proposition were true, however, no eristing project could be measured for 21 compatibility, and the Policy would be meaningless_ The more persuasi-e evidence supports a finding that in the absence of specific standards in the Land Use Code, it is appropriate to rely upon standards used by land use professionals for determining compatibility between types of residential buildings. Indeed, every land planning expert who testified at hearing agreed that a consistency determination should be made based on the guidance provided in the Objectives and Policies of the Plan. 33. The County has addressed the subject of compatibility in Objective 3.9 and Policy 3.9.1 of the Future Land Use Element. The former provision provides that "[a]11 proposed land uses shall be compatible with adjacent conforming land uses," while the latter provision defines "compatibility" to mean "a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition." 34. The evidence establishes that land use planners view compatibility as meaning the relationship between buildings, uses, and activities to one another. Factors to be used in making this determination are density, building height, scale and mass, lot configuration, and building orientation. Other 22 factors used in this determination include established development patterns, expectations that arise from established development patterns, character of the neighborhood, and stability of the neighborhood. 35. The evidence supports a finding that the development pattern in Bay Point, the expectations of Intervenors and the community based on that development pattern, and the atypical height and mass of Petitioner's project render the proposed project incompatible with Bay Point and thus inconsistent with Objective 8.5.1 of the Plan. In making this finding, the undersigned has found that Petitioner's compatibility analysis is too narrow in scope and ignores the reality that Petitioner proposes to develop three high-rise buildings, grouped together in one location, in an established, predominately low-rise residential community_ 36. Objective 8.9 of the Housing Element requires that any project in the County "[p]rotect residential property values and ensure that each homeowner has the opportunity for quiet use and enjoyment of their residence." Thus, in order to be consistent with the Plan, Petitioner must demonstrate that its project will not impact the residential property values in Bay Point in a negative manner. 37. To demonstrate consistency with the foregoing Objective, Petitioner's expert opined that the proposed 23 project would infuse new capital and salue into the Bay Point area thereby increasing property values. However, Petitioner's market study (Petitioner's Exhibit 12) is flawed in several respects. For example, it incorrectly defines the Bay Point neighborhood as including an intensely developed Gulf front tourist district along Thomas Drive and the east end of Highway 98 in Panama City, within a three to six mile southern radius of Bay Point, and which includes high-rise condominiums, motels, and commercial uses that are dependent on the tourist industry. The study also concludes, erroneously, that most of the condominium units in Bay Point are utilized as second homes and rental properties by absentee owners. Finally, the study uses two "comparable" projects on which to base a market analysis, one in Destin and the other in Seascape. Neither property is really comparable since both are located on the Gulf of Me..ico in neighboring Walton County. 38. The more credible evidence establishes that the threat of development of high-rise buildings on Parcels F and 12 has caused a decline in residential property values in Bay Point. Further, if the NOPC is approved, the property values will continue to decline. This decline has been exacerbated by the loss of the Bay Point community center and tennis courts, which were previously located on the lots in question. M CONCLUSIONS OF LAW 42_ The Division of Administrative Hearings has jurisdiction over the subject matter and the parties hereto pursuant to Sections 120.569 and 120.57(1), Florida Statutes, 43. Intervenors have standing to participate as parties because they are substantially affected persons whose interests will be decided in this matter. 44. As the party challenging the development order, Petitioner bears "both the ultimate burden of persuasion and the burden of going forward." Young v. Dep't of Comm. Affairs, 625 So. 2d 831, 835 (Fla. 1993). 45. Intervenors initially contended that Petitioner's NOPC for Parcels F, 9, 10, and 12 constitutes a substantial deviation within the meaning of Section 380.06(101), Florida Statutes, and that the amendment is inconsistent with the County's Comprehensive Plan_ In their Proposed Recommended Order, however, Intervenors have conceded that the NOPC does not constitute a substantial deviation. Accordingly, only the second contention need be considered. 46. Under Section 163.3194(1)(a), Florida Statutes, "all actions taken in regard to development orders by governmental agencies in regard to land covered by such plan or element shall be consistent with such plan cr element as adapted." This means that all local government development orders, W. COPIES FURNISHED: Donna Arduin, Secretary Florida Land and Water Adjudicatory Commission Office of the Governor The Capitol, Suite 2105 Tallahassee, Florida 32399-0001 Kenneth D. Goldberg, Esquire 1725 Mahan Drive, Suite 201 Tallahassee, Florida 32308-5201 Michael S. Burke, Esquire Burke & Blue 221 McKenzie Avenue Panama City, Florida 32401-3128 Robert C. Apgar, Esquire Sherry A. Spiers, Esquire Law Offices of Robert C. Apgar 320 Johnston Street Tallahassee, Florida 32303-5214 Richard W. Moore, Esquire Amundsen and Gilroy, P.A. Post Office Box 1759 Tallahassee, Florida 32302-1759 Raquel Rodriguez, General Counsel Florida Land and Water Adjudicatory Commission Department of Legal Affairs The Capitol, Suite 209 Tallahassee, Florida 32399-0001 NOTICE OF RIGHT TO SUBMIT EXCEPTIONS All parties have the right to submit written exceptions within 15 days of the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will render a final order in this matter, 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 CITYGATE 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 CITYGATE Development Orders; to maintain property and aesthetic values within the CITYGATE 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 I RETENTION: The preservation and retention of Native Vegetation shall be in Required Yards as defined below. Such preservation and retention shall be on lots and in a manner consistent with the CITYGATE Development Orders. 4. GOAL AMOUNT OF NATIVE VEGETATION PRESERVED OR RETENTANIED IN REQUIRED YARDS: The goal amount of Native Vegetation to be preserve 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). H. DEFINITIONS: CITY GATE DEVELOPMENT ORDERS shall mean the development orders approved by the Collier County for CITYGATE 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 CITYGATE COMMERCE PARK (the "PUD"). 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) and Development Order Amendment 2000-02 (adopted May 23, 2000). 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). 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 means native southern Floridian species as determined by accepted valid scientific references identified in Collier County LDC section 4.06.05C. 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) REQUIRED YARD means the Yards, less 20% for 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) 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 Ares for the F.P. & L. easement. When a Lot includes the FPL easement, that portion encumbered by the F.P. & L. 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. 2 M. PLAT SUBMITTAL AND CONSTRUCTION OF SUBDIVISION IMPROVEMENTS: I. 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 and the range of DBH sizes. Additionally, an aerial (with a scale of no more the 1:300) identifying Native Trees having a Diameter Breast Height (DBH) of 8" or more located within the Required Yards will be submitted. This provision is in addition to and does not replace other transplanting requirements within the CITYGATE PUD. 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 covered continuously with an all-weather mesh material or equal type barrier method. 4 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. Pine Trees having a Diameter Breast Height (DBH) of 8" or more, located within the Required Yards or buffer area, must be preserved. B. All other 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. 5 IV. SITE DEVELOPMENT PLAN SUBMITTAL AND CONSTRUCTION OF BUILDINGISITE IMPROVEMENTS: I. SITE DEVELOPMENT PLAN SUBMITTAL: Each Site Development Plan submittal must contain: A. An aerial identifying Native Trees having a Diameter Breast Height (DBH) of 8" or more located within the Required Yards. B. An aerial identifying Native Trees within the Required Yards. C. 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 and the range of DBH sizes. 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 2.47 acre wetland preserve. 2. WHAT MUST BE RETAINED IN REQUIRED YARDS: A. Pine Trees having a Diameter Breast Height (DBH) of 8" or more, located within the Required Yards, must be preserved. B. All other Native Vegetation, located within Required Yards, will be conserved unless it is necessary to remove such vegetation: I. 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 vehicular drives and parking spaces will damage or destroy the vegetation. 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. Cel 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 maximtun 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. 7 V. REPLACEMENT STANDARDS: If Native Vegetation 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". E. 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 foregoin 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 inunediately 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. VT REQUIRED YARD USES, SETBACKS AND MAINTENANCE: A. ALLOWABLE USES WITHIN REQUIRED YARD AREAS. 1. 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; and 5. Benches are permitted in the Required Yard. 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) 3. Wetland Preserve Setbacks (DO 88-93, Section III, 3.3.L): No building closer than 20 feet and no pavement closer than 10 feet. C. GENERAL MAINTENANCE. 1. Trees, including sabal palm, may be pruned of dead or dying brancheslfronds. 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 Vegetation and Nuisance Vegetation, as defined herein. 9 D. PROTECTNE 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 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 denuse 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. 10 VII SPECIFIC RULES: A. MAIN GOLDEN GATE CANAL LOTS: Those lots adjacent to Unit 28 of Golden Gate Estates or a repiat 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 Citygate 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. 1. SETBACK: There is no setback from the 170' wide Florida Power & Light easement. VIII EXAMPLES OF APPLICATION OF PLAN: Attached hereto as composite Exhibit "D" are three examples of site plans that are consistent with and compatible with this Plan. 11 F z co C n zr co a) CD 0 C6 CD Cn z.; CJi G Cn m a 1. m ZT n o �. rD Q CD a j 0 CD 'o CD CA m CD w En o �' 3 G CC C7 Cn 3 O � Z W w N • CD CD 0 CD CD rA U) 90 J ].V W L N rT,+ rf TY `V O "• -1 3 0 CD ran � CD o�� /m FD CD N i1 CD � `VT/v 1 = N N �j —stir `C �1 V (A - �1 O � y r o o o � w y � V v tA y 0 z CA PROP TREES can ah b N � 4 � � r O N a Ili HEDGE & TREES w ci m NO EXHIBIT B EXOTIC VEGETATION REMOVAL PLAN A. All Category I Exotics, as defined in the Iatest 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 k: C. D. the re -plat. 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. Exotics in a yard may not be "treated in place". 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. Page IofI EXHIBIT C SHRUB LAYER AND GROUND COVER REPLACEMENT PLAN 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 Myrsine floridana Ilex glabra Rhus copallinum wax myrtle myrsine gailberry/inkberry 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 Page I of 2 EXHIBIT C SHRUB LAYER AND GROUND COVER 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 Saccharum giganteum Spartina bakeri Tripsacum dactyloides Piloblephis rigida Aristida spp switchgrass giant plumegrass sand cordgrass Fakahatchee grass Florida pennyroyal 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. Page 2 of 2 CL Q W QL U) Z C2 c m E m � E � W m m c m W g UU O r� 14) 48 N � O WLLJ O "' ❑ Z z ,J �Oca m z Q47� as rn 48 N O lC) V, ti 44A r Allp, . d V 1 �41 -,p r 4 Z�v VMAI h NA J k �l CL VA R im J� VA lvh*-,Il O w U _UU U UG Q Q d z CO � � G QL- J O LV Q J J cn C VIIIIIhL ;f \�/�«�\�� \�� \�� \ � � � , . ., ,, . �� \7� /� ��'��%��'��A: w: \ n a� �; w s a a z� aw� z. s � %� ®:� � � � � �� %� � <� 5� � ® �w&�� »� wx � � � � � � � � � � � � � � � � � � \ ... � ..� �: � �� \ . � . . . �\ , . . . e . . . . . � � a �. \ : ... � . .� z._ � � . .. ..,. ® aa,=a:.avav«�«zw:a. •�? r q - c � D � D a 14 - �D. d Q. Iq p q' 'a t Q q ° q ,v v � q vp D. N Qd C7• D q , Iq q --Iq v �,t as Q.q .v• ., ,��• D, q O = ------ IRV• COMPOSITE EXHIBIT D "KEY TO LOTS" I TREATMENT PLANT LOTS 2 & 3 SDP EXAMPLE #1 a I4 11 9 T 8 1 12 W R" 10 14 15 LOTS 15,16,17 SDP EXAMPLE #2 16 f 17 18 I 19 1 20 5 7 Is aE LOTS 7,8,9,10 SDP EXAMPLE #3 6 DE DAVIDSON E N G I N E E R I N G SETTLEMENT AGREEMENT 00 ,., o a e�i M s: 00 0 N c.a m �.4 a era CJI Le7 W OC Q1 G W ri CD W. O a o " 9 Vq r-•. O o O N 0 G� �o 16CI3 Exhibits: A: Global Diagram B. Table of Conveyances C. Roadway Design within Road Access Easement D. Vested Rights Determination E. Utility Casing Locations F. Blasting Plan SETTLEMENT AGREEMENT AND RELEASE This Agreement is entered into on November 15, 2005. This Agreement, P effective as set forth herein is ai 4 ; > yelo ment LLC and CG II LLC fir (collectively, "City Gate"), Florida, and the Collier City Gate and the This Agreement d C,illier Count `'la'al i al Y� a fitatr Sewed==Distct, i 1k P e ists of twelve p 'ges and,," subdivision of the State of ively, the "County") s". Exhibits, identified as A through F. WHEREAS, City Gat", #Ithpwner of the property identified as Citygate -).,'n on the attached Exhibit A. ands n the owner of the real property identified on Exhibit A as the South County Regional Water Treatment Plant ("SCWTP"); and WHEREAS, the County has certain water utility facilities on the Citygate to ,property, some of said facilities being located within County easements and some q Racilities being located outside County easements, as shown on Exhibit A; and �Pq 02 �o WHEREAS, the County, through its agents or contractors, in the course of constructing the raw water transmission main for the 2001 wellfield expansion of the SCRWTP or in the course of constructing or expanding the SCRWTP, has taken SETTLEMENT AGREEMENT AND RELEASE 11515-05 16C13 certain actions (the "County Actions") as follows: (i) located the raw water transmission main, the associated power distribution system or its related equipment outside the 20 foot wide Easement C (as recorded in Official Records Book 2861, Page 1057 of the Public Records of Collier County, Florida; hereinafter "Easement C") on Citygate property, (ii) in the course of constructing said transmission main cleared existing native vegetation some of which included endangered species habitat and may constitute a violation of the Endangered Species Act outside of Easement C on Citygate property (the "Overclearing"), (iii) co failed to compensate Citygate for the clearing of native vegetation within Easement `y C in violation of paragraph 11 of the Property Exchange and Design/Construction a. Agreement dated July 28, 2000 (the "July2000 Agreement") requiring the County to reimburse City Gate for the Arequired landscaping, and, (iv) i .. , ON located certain wells along the ansmission main butsi e the easements granted to C:)the County for such purpose a id' Citygate-property \an WHEREAS, the Countyl ha t k g i e t `i therl a t16p in conjunction with the development of the SCRWTT' that are inconsisnt with a Final Judgment in Case No. 81-0479-CA-01-CTC (t' `J -final Judgment diai, follows: a. In Case Number 81-0749-�Ayc, (ie 1981 Condemnation Case) the County acquired by eminent domain a road called Utilities Drive and the site for the SCRWTP from the Barnett Bank Trust Company, Trustee (the "Predecessor Trustee") for the Land Trust, which Land Trust is also City Gate's predecessor in title to the Citygate Property; b. In April 1983, a Stipulated Final Judgment and Order Taxing Fees and Partial Costs (the "Stipulated Final Judgment") was entered by the Court, which Stipulated Final Judgment is recorded in Official Records Book 1022, Page 1257 et seq. of the Public Records of Collier County, Florida; 2 16CI3 C. The Stipulated Final Judgment is an enforceable written agreement between the parties thereto and is enforceable by the parties as well as respective successors; d. To mitigate damages to the remainder of City Gate's property, the County agreed, and the Stipulated Final Judgment ordered, that the County provide a landscaped aesthetic buffer zone on the site per Land Plan dated July, 1982 (the "July, 1982 Land Plan") which was incorporated in the Stipulated Final Judgment; � e. The County or its agent has cleared of vegetation the landscaped aesthetic 00 N buffer zone required by the July 1982 Land Plan, has constructed a water a treatment plant and related plantfacilities therein and the cost of relocation of said facilities is prohib "i i i gating the landscaped aesthetic M buffer requirement of tie#.Stipulated Final�jent and causing damage to the remainder of Cixy Gt�' property Jma, f. To mitigate damaest to�re�ai� Gate property, the County agreed, and the Stipa ed,,.ial dmen dr�1, that the County grant � �. 1 the Predecessor Tri4e�e, its successors 4'nd dssins, txa perpetual easement of A 135 feet width, for r 'fight of way acce=ss (tl oad Access Easement") for the remainder of the6p6y to the s,mwvhich Access Easement was recorded on August 10, 19�$3! i, recorded August 11, 1983 in Official Records Book 1036, Page 290 et seq. and Page 900 et seq. of the public records of Collier County; g. The County, through its agent or contractors, has constructed a deep water extraction well in the Road Access Easement (Parcel C on Page 1 of Exhibit A) and the cost of relocation of said well is prohibitive, negatively impacting the Road Access Easement; and WHEREAS, City Gate is willing to release the County from City Gate's claims for the County Actions and the Final Judgment Claims in accordance with this Agreement. 3 16C13 NOW THEREFORE, for and in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Exhibit A, consisting of three pages, is attached hereto and is incorporated herein. 2. Upon the Closing Date as defined herein, the Parties hereto will convey real property interests or take such other actions as are set forth in the Table of Conveyances attached hereto as Exhibit B and incorporated herein. With respect to N items "R" and "S" on Exhibit B, City Gate will grant two (2) limited use easements, afor access to perform maintenance, repairs and replacements of the wells D1 and � E1, across the lots within the p oli1696-M ` s ti ji ion for access from City Gate M Boulevard North to wells D1 4yn4"E1 as shown on �'hhhihit A and described as items o"R" and "S" respectively og Exhi6t, Each of;these easements will be granted after an SDP for a building On they r ,T°ei � f 4I ite D1 and for wellsite E1 located thereon have begin a pfroyed. �1 Pro p the'n proyal of each SDP, City Gate will grant the County a \ht of access acro* the lotso access the wells when necessary, at no additionalthe County. 4 3. City Gate hereby waives all `coni i a4 ms for landscaping improvements existing under the July 2000 Agreement for landscaping improvements and hereby waives all claims in tort for damages resulting from the Overclearing. In conjunction with the acknowledgment of the vested status of the City Gate development plan, City Gate will, at its expense, construct the Type C landscaped buffer that will be required. 4. Except as authorized by this Agreement, City Gate hereby waives any claims for damages resulting from the County's placement of the deep raw water extraction well in City Gate's 135 foot wide Road Access Easement and will re -design the roadway so as to accommodate the County's well; provided, however, that if the 4 16C13 County refuses to approve the design attached hereto as Exhibit C and requires a design that increases City Gate's costs for an access easement consistent with City Gate's intended use of its property, then the County shall promptly reimburse City Gate for all such reasonable costs that would not have been incurred by City Gate but for the County's failure to approve the design as specified herein. 5. The Overclearing resulted in the destruction (take) of Red Cockaded Woodpecker ("RCW") habitat and may constitute a violation of the Endangered Species Act. City Gate has in good faith amended its proposed Endangered Species Act, Section 10, Habitat Conservation Plan ("HCP") for City Gate so that the N County's or its agents take of that habitat, will be included in the Federal Incidental Ate-• Take Permit when and if issue d '.5'jao4 that if any action should be instituted against City Gate IiRki se of the OveCity Gate shall be free to c,,, pursue appropriate reme#ies,/ag i t'the,--County, aid Ghis agreement shall not JI o constitute a waiver of any sq,�qs �d e of City Gate's inclusion of fl the Overclearing in the ucetalYTlerit, nc C Gate's mitigation, at its expense, for the Overclearng, upon issuance; of the rn,clental Take Permit, the terms and conditions of tho rmit shall contro -apd, ounty shall be prohibited from applying any of its regula'id y burdens beyond the terms and conditions of the Incidental Take Permit. As an examp adslimitation of the foregoing, upon issuance of the Incidental Take Permit, the County shall not prohibit City Gate from constructing a perimeter berm, including associated clearing, along the southern and eastern boundaries of the Citygate Property, if said actions are permitted by the Incidental Take Permit. 6. The County has acknowledged that City Gate is vested to complete the development in accordance with the existing PUD/DRI as set forth in the Vested Rights Determination attached as Exhibit D, which is incorporated herein. In the event that disputes arise in the future concerning the interpretation by the County or its staff of the applicability of the County's Growth Management Plan (the 5 16C13 "GMP") or land development regulations ("LDR's") to applications by City Gate for Development Order Approvals (as defined in paragraph 7 below), such disputes shall be resolved by interpreting the GMP or LDR's so as to give full effect to all provisions and intents of the Vested Rights Determination, which is to ensure that Citygate will be developed in accord with the DRI and that later regulations will not be applied to prevent or hamper that development. 7. The County acknowledges that the primary consideration to City Gate for settling its claims against the County for the County Actions and the Final Judgment Claims is the regulatory certainty in accordance with the spirit and intent of the Vested Rights Determination -and the assurance of Prompt Review of coo City Gate's Development O 00 providing to City Gate. As a mean review by the County � ordinances, regulations, ,'jai `'r' applicable time limits foil o Applications" shall mean has acquired an interest ii Citygate property ("Entitled`] Agreement for a development ppli6atolr eta t,e County, by this agreement is n this Agreemen�tfh ` erm "Prompt Review" shall "orb stafl'iriRaccor ance with the County's codes, z � 41 p a , ` f ciud ,ng, but not limited to, r jji� Fjcomm ent, end tl term "Development Order lication by ply Gate,,," o any person or entity that Y of the propeit O'o, by the PUD/DRI on the filedpyesly to or subsequent to this rcie!a� &&erdx..in Section 1.08.02 of the Collier County Land Development Code. Accordingly, the County agrees that if City Gate or any Entitled Person is wrongfully or inordinately denied, delayed or otherwise denied Prompt Review by the County, or its agents or employees, in the review and processing of Development Order Applications, such actions shall, notwithstanding any other remedy provisions contained in this Agreement, constitute a breach of this Agreement, and that City Gate may bring an action against the County for damages for such delay. In conjunction with its regulatory function, the County agrees that it will act in good faith to provide the regulatory certainty in accordance with the spirit and intent of the Vested Rights Determination, this Agreement, and the assurance of Prompt Review of Development Order Applications, and will not 6 16CI3 employ or engage in any artifice or device under the guise of performing its regulatory functions that has as its purpose or effect the deprivation of regulatory certainty provided by the Vested Rights Determination or the assurance of Prompt Review of Development Order Applications. The foregoing shall not be construed as limiting the legitimate regulatory activities of the County in reviewing Development Order Applications or in having adequate and reasonable time to review such applications. 8. Sixty days after the Effective Date of this Agreement (the "Closing Date"), the real estate transfer documents required hereunder and described in Exhibit B will o7N be delivered by each of the Parties hereto, and the County will pay City Gate the u. co amount shown as "Due to City t"_. (lie "Closing"). Payment shall be c; in US Dollars and shall be wi e iri accordance with".,i'.-,instructions to be provided LCIP by City Gate no later tha `tw c � before-Glo ng. The 'County has requested, and t ai hereby agrees to pay all' cogs ;f�;t%sa�We r4tioi of legal descriptions in � 7 rx conjunction with the tr as, ar�d tl�e ` o inty evi 1, {fit its expense, prepare all instruments of transfer ie County shall4 ubmit Ar�is of all instruments of transfer to City Gate for re l and approval n 'l i "An five days before Closing. The Parties acknowledge an that the . los ' g" refers only to the transfers of real property interests set for in�, :an that all other terms, conditions, and provisions of this Agreement shall continue in full force and effect after the Closing. The County agrees and hereby authorizes the Chairman or Vice Chairman of the Board of County Commissioners to execute and deliver, receive or enter into any instruments of conveyance, documents, certificates or proceedings incident thereto necessary to carry out the conveyances and transfers contemplated by this Agreement. 9. The County has provided City Gate with its construction plans for the SCRTWP Wellfield Expansion, on August 11, 2005, such plans being identified as follows: "Public Utilities Engineering Department Plans for the Construction of 16C13 South Collier Regional Water Treatment Plant Wellfield Expansion", dated June 2005, prepared by Green and Hansen, LLC and consisting of 99 sheets (the "South Wellfield Plans"). Prior to the execution of this Agreement by City Gate, the County, through its Public Utilities Engineering Director, shall initial the South Wellfield Plans, as provided to City Gate on August 11, 2005, and this plan set shall constitute the South Wellfield Plans for purposes of this Agreement. The South Wellfield Plans show the proposed raw water transmission line, its associated power distribution system and related equipment being installed at a depth that will allow City Gate to install its utility lines (an 8 inch sewer forcemain and a 12" potable water main) with sufficient clearance so as not to require City Gate to incur additional installation costs at points where City Gate's (west to east) utility lines cross the County's (north to sop-tIf the South Wellfield Plans are changed, revised, or the e. plans, and as a result tier associated material costs i submit written proof of the laddit Gate all such reasonable casts. install steel casing suffici'e-t;ior forcemain at the locations w County's raw water transmission mission line is rio ilt in accordance with these t`Gate--enconter additional installation and/or otrutiprr` t utility lines, City Gate may e> rnl cot grid t�eont shall promptly pay City ' In the alterative, th�-f"ounty may excavate and City Gate's 1 nch water main and 8 inch sewer these City Ga , it lities are proposed to cross the hnk in tfi�l ents granted as shown on Exhibit E. The Parties agree that the County has filed an action in eminent domain styled Board of County Commissioners of Collier County, Florida v. Grand Cypress Communities, et al, Collier County Circuit Court Case No. 05-1053-CA-DRN (the "Condemnation Action"), seeking to acquire certain easements alleged in the Condemnation Action to be necessary for the SCRWTP expansion described herein. City Gate is included as a Defendant in the Condemnation Action by virtue of its ownership of Parcels 862, 962, and 963 as described in the pleadings. The Parties agree that the acquisition of Parcels 862, 962, and 963 is not included in this Agreement, and the payment to be made for these parcels shall be as determined in the Condemnation Action without regard to any monies paid hereunder or any other 8 16C13 terms of this Agreement except where any action undertaken in accordance with this Paragraph mitigate any severance damages alleged by City Gate. 10. In the event City Gate agrees to the construction of a wildlife crossing on CR 846 east of Immokalee as part of its HCP mitigation, the County will issue the necessary permits on a fast -track review basis and will waive permit review fees. The County will support and assist City Gate in obtaining consents, if any, required from adjoining landowners for the construction of the crossings and associated fencing; provided however that this commitment to support and assist shall not be construed to create and obligation or liability on the County if, in spite of the County's support and assistance, the consents are not obtained, nor shall the cw County be required or obligated�rd{' meanies rendering any such support aor assistance. The propertieAcentato CR 846,� of Immokalee, are subject to Ln Stewardship Easements Stvdshi Sending Area'�3 recorded at Official Records CWI, Book 3551, Page 2284 et seq P St w � iph,, n png Area 4 recorded at Official a Records Book 3551 Page �345 t se f`atlie �u h 'cords of Collier County, y, Florida) and the Countykjj * Grantee of these ase ner t. `The County acknowledges that construction of a wil e\-c-rossing in this p r ph area is consistent with the intent and purpose of the abfefeenced Stewrtlhp Easement. 11. The County acknowledges that a clock tower feature in conjunction with the City Gate development assists in implementing the concepts and objectives of the Activity Center 9 Master Plan, and agrees to process an amendment to the LDC during one of the 2006 LDC amendment cycles that may, in the County's discretion, determine and provide that a clock tower may be deemed to be an appropriate architectural feature within the Activity Center. The maximum height and design of a clock tower shall be established in the SDP process, however, the maximum height of a clock tower shall be at least the maximum height of permitted uses under the applicable PUD. 9 16CI3 12. The County will permit the use of blasting in the excavation of the lake and the development's utilities, provided that all blasting shall be done in accordance with the Blasting Plan attached hereto as Exhibit F and in accord with the Blasting Permit that must be obtained pursuant to County regulations. 13. The Parties acknowledge that the Stipulated Final Judgment in the 1981 Condemnation Case provided for the landscaped aesthetic buffer to minimize the damage to the remainder of City Gate's property. As part of the resolution of the Final Judgment Claims to be accomplished by this Agreement the Parties agree as follows: a. The County will move lee � ,Tong the west property line of SCRWTP ten (10) feet east wa (.e. inside the pro_ertyline) for that portion of the C7 west property line of the SCR �P property "lying sou t of Jtilities Drive; m w Nz b. The County will h ems ip nce 016no k he west property line of Obi ,xin< SCRWTP twenty (20) feed e tward (i.e. insid he �roPe* line) for that portion of the west property line of thZWTP propertylyng rh of Utilities Drive; u . C. The County, within ninety cry s. cog, at no cost to City Gate or credit to the County, shall vacate the south twenty (20) feet of its forty (40) foot wide deep injection well easement described as "Exhibit A" in the July 2000 Agreement, which Agreement and Easement are recorded at Official Records Book 2861 Page 1053 et seq., Public Records of Collier County, Florida. City Gate hereby agrees that the south twenty (20) feet of Easement A shall be used only as a landscape buffer, and the landscape buffer shall always include at least two (2) rows of well maintained trees for the purpose of providing a meaningful and functional visual buffer for perpetual aesthetic improvement to the view from the adjacent east -west street as well as from the Citygate lot and all future improvements to the lot, situate adjacent to the south side of that east -west street. 10 16C13 d. The purpose of the fence moves and easement vacation described above is so that City Gate, at its expense, can build a landscape buffer in order to minimize the damage to the remainder of the City Gate property. Accordingly, the County agrees that it shall not in the future move the fences closer to the property lines than as permitted herein, and if the County does move any such fences or portion of fence or otherwise interferes with City Gate's ability to construct or maintain a landscape buffer or intentionally or willfully destroys all or any part of the landscape buffer, then in addition to any other provisions in this Agreement for remedies and/or damages for breaches of this Agreement, the County shall promptly restore its fence (and/or portion of fences) to the location as set forth herein and shall reimburse City CWIIN oNo Gate for all reasonable costsrt?�ni xas placing damaged landscaping ON material. e. If any part of the =ansca lielidoucted by City Gate is on the M x SCRWTP property, the aunty h ey grant to � t " G�,,te a perpetual right of free 0 access to construct, mainti i ,�4nd/or replace, aor any 4ft`of, this landscape buffer. 14. Except for claims tha,"' yb author e is Agreement, each of the Parties hereto, on behalf of itself, its #`iter�s; irectors, owners, employees, former employees, successors, predecessors, affiliates, heirs, assigns, and trustees, hereby does fully, finally and unconditionally release, acquit, remise, satisfy and forever discharge the other Party, their predecessors, successors, heirs, assigns, employees, former employees, elected officials, officers, directors, owners, agents, representatives, attorneys, insurers, sureties and affiliates from any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, reckonings, accounts, covenants, charges, damages, obligations, liabilities, contracts, promises, judgments, executions, claims, complaints, whether legal or equitable and whether known or unknown which the respective party could have asserted in connection with the County Actions or the Final Judgment Claims. The 16CI3 term "successor" as used in this Agreement includes the terms "assign", "affiliate", "transferee", or "heir" as the context may warrant. This paragraph shall be fully enforceable irrespective of either party having or not having any insurance whatsoever. 15. The release set forth in paragraph 14 above shall cover only claims related to the County Actions or the Final Judgment Claims. The Parties acknowledge and agree that this Agreement does not cover any other claims that may be asserted by either Party, either as authorized by this Agreement, or as a result of any other facts or circumstances other than the County Actions or the Final Judgment Claims. _�.... N . cQ, 16. Notwithstanding the relpaeti�ad to any other remedy provide4-iii this Agreement, Ln each and every breach of this gt e ent _ E a a. Either Party .sh,llhx �hh, ut p Agreement by specific p �imance. Each P ty in, the Parties shall, in addition the following remedies for igation, to enforce this responsible for its own attorneys' fees, costs and a-�ses, except to th,�E*tt;if any, that the respective party is at such time entitled`° o' - uch��ees, co ts;4x%i'leXpenses as a matter of law or statute. �. b. The County acknowledges and agrees that several provisions of this Agreement, including but not limited to the provisions of paragraphs 4 and 13 hereof set forth the County's obligations with respect to the Final Judgment Claims and that the County's agreement to assume such obligations is a material inducement to cause City Gate to release its rights under the Stipulated Final Judgment. Accordingly, in addition to any rights to reimbursement for increased costs to City Gate as a result of the County's failure to perform any of its obligations in this Agreement intended to settle the Final Judgment claims, City Gate shall, in the event the County shall fail to fully perform any of its obligations under this 12 LA-) N CO N a rn c+7 a 0 16C13 Agreement intended to settle the Final Judgment Claims, have the right, but not the obligation, to bring an action for damages and/or for any other cause of action that may be available to City Gate, but excluding actions to enforce the Stipulated Final Judgment. City Gate's failure to bring such and action for any violation by the County of its obligations shall not constitute a waiver by City Gate of its right to bring any action authorized hereby for any future violations. C. City Gate acknowledges that the conveyances to be made by City Gate, at closing, under this Agreement as set forth in Exhibit B are necessary for the proper administration and operation of the County's utility system, and therefore, City Gate's obligation to make the conveyances pursuant to Exhibit B, upon the delivery of the documents tr Exhibit B and tender of they the County shall have, it w bring an action for damage d delays by City Gate in m4 d. The County action for damages for any the event the County breaches its forth herein. rz.tl1�'sts to City Gate as set forth in nt due to City sib;\shall be unconditional, and Ito action,-16r specific performance, the right to yoN��rrc by the County as a result of k�vYacs that City Gai;e the right to bring an x,410vciklirred by Ci dte or any Entitled Person in obgti,rrr' good faith and Prompt Review as set 17. Pursuant to Subsection 125.35(2), Florida Statutes, the Board of County Commissioners, by approval of this Agreement, finds and determines that (i) City Gate owns all the parcels of land that are adjacent to the parcel of land described as parcel "A" on page 2 of Exhibit A, (ii) this parcel is, by itself, of insufficient size to be issued a building permit for any type of development on this parcel, (iii) that neither road right-of-way or utility construction constitutes "development to be constructed on that property", and (iv) that this parcel, because of its size, shape, location and value, is of use only to City Gate (provided, however, that the County may reserve, 13 16C13 C366 LA—) rn c+7 a 0 or City Gate shall grant, such easements across or under this parcel as are set forth in this Agreement including the Exhibits). Accordingly, the County shall convey this parcel pursuant to, and in accordance with the terms of, this Agreement. City Gate, being the only landowner adjacent to such land, hereby waives any and all "notice" with regard to the County intensions regarding same. 18. This agreement shall be governed by the laws of the State of Florida and venue for any action under this agreement shall be limited to Collier County, Florida. 19. City Gate shall execute and deli officials so that it may be Board of Commissioner's "Effective Date") on the provided, however, that Commissioners and is r days after the date Ci described above, then to i Agreement which shall be Agreement to the appropriate County This Agre to delivers an agreement) shall be null and void ment (or Ainty Commission Agenda for the ``hall become effective (the Bord f County Commissioners, a 'IA"d d by the Board of County 1', lo£ "icor thereof within thirty (30) used cy of this Agreement as G offer to enter into this a's delivery of an executed r effect. IN WITNESS WHEREOF, the Parties hereto have executed this agreement as of the date first above written. Attest: Dwight E. Brock, Clerk BY . Deputy ler ' 4t8St'' 4S' o ,rAa 1 rma , S iiq�La�e «►iy BOARD OF COUNTY COMMISStdNERS OF COLLIER COUNTY, FLORIDA,AS TIDE GOVERNING BODDY OF COLLIER COUNTY AND AS EX-OFFICO THE GOVERNING" BOARD OF THE COLLIER COUNTY.. - WATER -SEWER DISTRICT By: . FRED . COYLE, Chairm 14 c-- N CfJ N 4W Approved as to form and legal sufficiency: By: b Thomas C. Palmer, Assistant County Attorney TWO WITNESSES: ignature of First Witness i n ne. E. pze "L"' Name of First Witness ice. 16C13 CITYGATE DEVELOPMENT, LLC vV By: � (L.S.) sep .Weber, its Vice -President ON Signature of SecoOlWitnes Name of Second WitnessE iz TWO WITNESSES: L. S Signature of First/ Witness J Sept(/R. Weber, its Vice -President Ane- Name of First Witness �a'jAy. J4 � Signature of Secon itness 7W rx f d_ 4f /- . c/OX4/ 5 Name of Second Witness 15 _ 163 d COLLIER BOULEVARD (C.R. 951) c� s m ° y m m na m X ? o R^D o y ionwm a CD ' SCRWTP 3 r71 �> �w� m 3 N T M m p A " o D) b+ w o CD p� n (D FPL EASEMENT V) N N CD y (D O 0 o3 cm.m 2 CD CD Q, c ? ° CD �. ci o CD m C a L CD CD Ci �' ri (D o (D CD Jma., CD �o t r v m w 0 Ru§art ' :D 4 k $ mn m F y m 1 �, its px m o .'' O n p°CD rn 4 Z o ur,a N (D (D Z m O n CD D anD 0-CD m m � y �°a 3 w m w (D (D D �fJT M—M Z om� n)m" r m m n N v- dC!DD 3 DCD m0 CD No(gyp(D m 'p Dm cim CD �� ti cu m CDCD y CD 7 3 N . n 0 D m0 Z 9. 16CI3 16CI3 :lz iz m n EXHIBIT B TABLE OF CONVEYANCES C1 Sq. Foot Agre Parcel Conveyance Sq. Feet Grantor Grantee Value Value % Value A Triangle parcel to CG 16,819 CCWSD Citygate D. $11 100% ($185,009) Al Credit for north lane easement 9,075 N/A N/A $11 95% $94,834 B South lane right-of-way Easement to CG 13,500 CCWSD Citygate D. $11 95% ($141.075) B1 Remaining Easement Area to CG 13,877 CCWSD Citygate D. $11 50% ($76,324) C Release 1983 Right of Way Access Easement 37,897 Citygate D. CCWSD $11 95% $396,024 D Westerly access and utility easement within triangle 3,502 Citygate D. CCWSD $11 90% $34,670 E Easterly access and utility easement within triangle 740 Citygate D. CCWSD $11 90% $7,326 F Middle access easement in triangle 10,999 Citygate D. CCWSD $11 50% $60,495 cl*-�p G Easterly access easement in trianglr 277 Citygate D. CCWSD $11 50% $1,524 co N H SCRWTP new access & utility easement 9,807 Citygate D. CCWSD $20 90% $176,526 C7 west of FPL R/W Q. arm I New access and utility easement along and Citygate D. CCWSD $11 10% $5,031 rn within westerly side of FPL R/W i c+7 � J Replacement of 2000 "C" access & utility 6,205 Otygate'`1 CCWSD $11 10% $6,826 �O easement within FPL R/W K Middle access easement within FPL R/Wl m9$18g D CCWSD $11 5% $13,595 L Easterly access easement within FP R/W ( ) fr 0 v to !CCWSD $11 5% $3,413 M Release of existing 2000 "C" access "", iity 5' c52 C WSt Y itygate D. $11 10% ($6.107) , s easement within FPL R/W N Replacement of 2000 "C" access & utility 90,447 CCWSD $11 90% $895,425 easement easterly of FPL R/Wu �,,GLC O Release of existing 2000 "C" access &utility 4 p447" CCWSD Citygate D. $11 90% ($895.425) easement easterly of FPL R/W P Replacement of 2000 easements for well sites (D1 & E2) 3,200 Citygate D. CCWSD $11 100% $35,200 Q Release of 2000 well site easements (D1 & El) 3,200 CCWSD Citygate D. $11 100% ($35.200) R Well Access Easement D1 Citygate D. CCWSD $26,400 S Well Access Easement E1 CG ll, LLC CCWSD $35,200 Subtotal to City Gate for Property/Easement Exchange $453,347 Landscaping for Overclearing (Tpye C Buffer) $166,067 Grand Total $619,414 Agreed Grand Total to City Gate $500,000 too tr STA MM 9ueWAM UP V M M GU N 6 cs.4 rn r7 a 0 16C13 EXHIBIT "D" COLLIER COUNTY ADMINISTRATIVE ORDER FOR DETERMINATION OF VESTED RIGHTS RE: CITY GATE DRI & PUD - VRD # 2005-AR-7550 DETERMINATION OF VESTED RIGHTS FOR CITY GATE DEVELOPMENT OF REGIONAL IMPACT & PUD Applicants City Gate Development, LLC, and CG II, LLC ("Applicants"), by and through their authorized counsel, have applied to Collier County, Florida (the "County"), pursuant to Section 9.02.01 et set o 'the' � County Land Development Code (LDC) for an administrative da rriation (Vests Akft s Determination or VRD) that the lands described herein ar "y ted-A complete h0jr elopment as authorized by its Development of Regional Imjp ct _evelopment, Order, as amended, and corresponding PUD, as follows,,, FINDINGS 0E''4OT 1. The subject property is feat"wholly ollier County, and encompasses 287.187 acres of land (the "DRI Procation map, sketch, and metes and bounds legal description of the DRI Property are attached as Exhibit 1. 2. By virtue of Special Warranty Deeds conveyed to City Gate Development, LLC and CG II, respectively, copies attached as Exhibit 2, the Applicants own all of the DRI Property. 3. Each Applicant is a Florida limited liability company, and their principal place of business is at 159 South Main Street, Suite 500, Akron, Ohio 44308. The authorized counsel for Applicants are Donald A. Pickworth, Esq., 5150 Tamiami Trail North, Suite 502, Naples, Florida 34103, and Roger B. Rice, Esq., 5425 Park Central Court, Naples, Florida 34109. Page 1 of 14 16C13 4. On April 15, 1987, Applicants' predecessor in title applied to the County and the Southwest Florida Regional Planning Council for a Development of Regional Impact Development Order for authorization to develop the DRI Property in accordance with a plan of development set forth in the application. A copy of the Application for Development Approval (the "ADA") is attached hereto as Exhibit 3. 5. On April 16, 1987, and in conjunction with the filing of the ADA, Applicants' predecessor in title filed an application with the County to rezone the DRI Property from A -Agriculture to PUD-Planned Unit Development. A copy of the application for rezoning is attached as Exhibit 4 on a compact disc (CD). 6. On December 13, 198; ti-Eeafd oft r.,. (Board) adopted Development_,4f "regional Impact "Development Order" or "6RI/0' nz thoig ,f�( to the terms and conditions ,6fyi*'` 616, sl Order is attached as Ex f ib�, l L 1 � 4 pit 7. Also on December 4 a1'0,88, the Board acjc tommissioners of Collier County )elment Order 88-2 (the original development of the property subject � copy of the Development Tel E F teo 66 nance 88-93, which rezoned the DRI Property from "A`(6ulture to "P„UL)",pia,r ned Unit Development for a development to be known as City ��trce Park (the "PUD"). A copy of the adopted ordinance and PUD document are attached as Exhibit 6. 8. The Development Order incorporates the PUD document and PUD Master Plan of the City Gate Commerce Park PUD, as described herein, which Master Plan is also shown in both as Exhibit H from the ADA (the "DRI Master Plan"). 9. The Development Order has been amended by Development Order Amendment 90-4, adopted August 28, 1990 (the "1990 DOA'), Development Order Amendment 95- 2, adopted February 21, 1995 (the "1995 DOA"), and Development Order Amendment 2000-02, adopted May 23, 2000 (the "2000 DOA", all of which are referred to collectively as the "Development Order Amendments"). Copies of each of the Development Order Amendments are attached as Exhibit 7. Page 2 of 14 16C13 10. The Development Amendments relate solely to the schedules and order of development intended, among other things, to accommodate and implement a Red Cockaded Woodpecker Management Plan set forth in the 1990 DOA, which was adopted pursuant to the settlement agreement reached among the developer, the County, and the Florida Department of Community Affairs. Development Order Amendment 90-4 was adopted by the Board pursuant to a settlement agreement among the Applicant's predecessor in title, the County, and the Florida Department of Lr-s Community Affairs, which had appealed the adoption of Development Order 88-2. cMo Pursuant to Development Order Amendment 90-4, Applicants are not authorized to N develop that portion of the DRI Property designated on the DRI Master Plan attached to c.7 the 1990 DOA as Phase III until certain --conditions relating to the Red Cockaded Le"A { Woodpecker have been satisfid iwever,it Rts are authorized to develop that M portion of the DRI Property ' Vti the area designate a? "Phases I and II" in the 1990 o DOA. 30 S a 11. The County has rvd,uosbivio`i plafo th portion of the DRI Property west of the 175 foot wide'` ,L easement, kno'" ash "City ate, Phase One," recorded on March 22, 2004, in P161t dok 41, Pages 6 ,d a 7 oftfie Public Records of Collier County, a copy of which is atc�„as Exhibit � R w 12. Based on associated construction plans corresponding to the recorded plat, the Applicant has installed subdivision improvements, including, but not limited to, roads, water and sewer lines, stormwater management facilities, and street lighting. 13. On September 1, 2004, Applicants submitted to the County for approval of a plat for a 72.9 acre industrial subdivision east of the FPL easement (the "City Gate, Phase Two Plat"). A copy of the proposed plat is attached as Exhibit 9. 14. The City Gate, Phase Two Plat development area covers only those lands within the DRI Property that are designated as "Phase I" in the 1990 DOA. Subdivision phases and development phases prescribed by the 1990 DOA are not one in the same. Page 3 of 14 M co N Q� rn M 0 16C13 15. Pursuant to Part II, Chapter 163, Florida Statutes (the "Act"), and subsequent to the adoption of the Development Order, the County adopted a comprehensive growth management plan (the "Plan") on January 10, 1989. 16. As required by the Act, the County has adopted land development regulations pursuant to the Plan, said land development regulations having been initially adopted and codified in 1991 as the Collier County Land Development Code (the "LDC"), said LDC also having been adopted subsequent to the adoption of the original Development Order. 17. In the course of reviewing the .City --Gate, Phase Two Plat, certain county staff personnel provided review corrarh r i i f !th t the Applicants would be required to comply with certain native v ge�ation preservation e uir`ements that were added to the LDC in 2003 and 2004 (tll� "2tl0�20 4 �rpservd ion R qu ments"). 18. The Development preservation equal to Preservation Requirement preservation of a sepa requirements. (hh A -feq t r in area "than the and cor aoxA,Onount of native vegetation of squired by the 2003/2004 444fbn Requirements require the ;6rtain setback and buffering 19. Applicants have applied to Collier County, Florida (the "County") pursuant to LDC Section 9.02.01 for an acknowledgement or determination that the City Gate DRI is vested such that the Applicants have the right to complete the development authorized by the City Gate DRI. CONCLUSIONS OF LAW 1. This Determination is rendered pursuant to, and meets the requirements of, LDC Section 9.02.01., which authorizes such an administrative determination by the undersigned officials. Page 4 of 14 16CI3 2. The VRD Application was timely filed, meets requirements for an application for determination of vested rights as set forth in Section 9.02.01 of the LDC, and is deemed complete pursuant to Section 9.02.01 of the LDC. 3. Applicants' assertion that their request for a VRD was filed in connection with an attempt by the applicants to resolve and settle issues arising from the County's apparent encroachment of County utility facilities appearing to be located outside of County easements on the DRI Property and the apparent destruction of native vegetation and habitat on portions of the DRI Property states a lawful basis for N requesting the relief sought. c� 4. The foregoing Findings ,,fFt g�ngverted and otherwise sufficiently relevant and material that a-,. fea.nable mind would kept it as adequate to support the o conclusions reached, are, consid'�red to cstitute competent and substantial evidence, as those terms are constfued"6vffil d 0u tlE � 1 5. All PUD ordinances Ved "thy hard t --'tp' `ty" Commissioners of Collier County, Florida, includirij `fie City Gate_` mer,06�N'ark PUD Ordinance, are considered to be incorporat �b�feference as if f l i i8ted within the County's Land Development Code (see LDC Appehi rovisions of the City Gate PUD, as well as those of the LDC along wi - the City Gate DRI DO, and DRI DO Amendments, are the proper and lawful subject of this Vested Rights Determination. 6. Neither the filing of this Application, nor issuance of this determination, constitutes an acknowledgement or agreement on the part of Applicants that the vested rights sought to be declared and acknowledged by this Application do not otherwise already exist as a matter of law by virtue of applicable statutes, particularly, Section 163.3167(8), Florida Statutes, and this Determination is rendered without prejudice to any right of Applicants to seek adjudication of, or to enforce, such rights through appropriate judicial or administrative proceeding. 7. The Development Order Amendments referenced in Findings of Fact No. 9 Page 5 of 14 co CM 00 N c.; M ra 0 16C13 above did not change the substantive development rights authorized by the Development Order. The DRI Master Plan, which is also the PUD Master Plan, and all development intensities, regulations, and commitments in the original Development Order are not altered by the Development Order Amendments. The Development Order as amended constitutes a valid unexpired development order and development of the DRI Property was timely commenced and has continued in good faith throughout. 8. The Development Order as amended is deemed consistent with the Plan, and the development standards and regulations in the DRI DO and the PUD are deemed to be generally consistent with the LDC. 9. The 2003/2004 Preserv6iequ�ea ..v specific provisions for native �r..etation preservati PUD. Thus, applying the" 200312�04 04r6genrati01 substantially alter Applicantso' � ty" t� Development Order, eves,evxusjy ar;rted. 10. Applicants have ju Development Order, and acquiring and developing the relied in go( aendment th ANALYSIS re inconsistent with the prior, Development Order and the ir6ments would materially and nt authorized by the A° tie County's approvals of the II the corresponding PUD, in The conclusions reached and facts found above clearly show that: 1. the City Gate property is subject to a valid DRI development order adopted pursuant to Chapter 380, F.S.; 2. the Development Order was adopted prior to the adoption of the Collier County Growth Management Plan and the LDC which implements the plan, particularly the native vegetation preservation provisions added to the LDC in 2003/2004; 3. there have been no significant changes to the development authorized by the Development Order; and Page 6 of 14 16C13 4. the Development Order does not contain terms or conditions that require compliance with, or authorize the application of, later -enacted LDC provisions that are inconsistent with the DRI DO, as amended. The Development Order is "vested" to complete the development authorized by the Development Order by virtue of Section 163.3167(8), F.S., which provides as follows: "Nothing in this act shall limit or modify the rights of any c, person to complete any development that has been o`W'o authorized as a development of regional impact pursuant to Chapter 380, or who has been issued a final local c� development order and development has commenced and is continuing in good fawth" `ram O ON This statutory Protection a a development'bfgional impact approved prior to o the adoption of a plan pursuarttrtb R rt it o Chapter 16 means that the County may not be lawfully permitted too appJy afgr3adc t L provisions that would prevent Applicants from completing t iekde4pl p e r t h dhij z d l y the Development Order. In lk the course of submitting '' elopment permitslijo the Co` i n4y for review, such as the Phase Two Plat, the st aff[W,,,.has undertaken "y vi6W, of,` these development permit applications by applying pro , the curre -I* which may not be permitted by Section 163.3167(8), F.S., and wh+hi if ad `without Applicant's consent would materially and substantially affect Applicants' right to complete the development authorized by the Development Order. Therefore, Applicants have requested confirmation of their rights to complete the development authorized by the DRI and have sought specific direction to staff so that currently pending and future development permit applications are not needlessly delayed. Accordingly, it is clear that City Gate qualifies for, and should be afforded the protections of, Section 163.3167(8), F.S., as well as those provided for in LDC Section 9.02.00, et seq. DISCUSSION Page 7 of 14 16C13 A. The Local Government Comprehensive Planning and Land Development Regulation Act and City Gate's Consistency Part II of Chapter 163, Florida Statutes, known as the Local Government Comprehensive Planning and Land Development Regulation Act (the "Act") was enacted in 1985 and required local governments to adopt (or amend existing) comprehensive plans pursuant to the procedures and requirements of the Act within a specified time period. The Act required that the local government plan be certified by 0 the Department of Community Affairs ("DCA" or, "the Department") as being compliant N with the Act and criteria for plans were established by Rule 9J-5 of the Florida c� as Administrative Code. In conformance -with -the requirements of the Act, Collier County adopted its first comprehensive ra� "9ry*Plan on January 10, 1989. The Act also required local coernments to adopt "1nd'development regulations to o implement the comprehensive s wiihln --specified Otre period. Collier County adopted and codified its,`lanl �F�i hey; "Land Development Code" or, "LDC") in 1991, and laa ena rtbr r us amend is to the LDC since 1991, including a complete re -cc dtl ation in 2004. 11 i The City Gate DRI DO �0approved on � e r month before the County's Comprehensive Plan was adopted ,!A' s„ I f l DO and PUD went through their approval process during the same time period, and were reviewed by many of the same staff personnel, as was the Comprehensive Plan. When the Comprehensive Plan was adopted, City Gate was found consistent with the Comprehensive Plan, and indeed, City Gate remains consistent with the Comprehensive Plan to this day. Similarly, the adoption of the codified LDC in 1991 did not create significant conflicts between the development rights in the Development Order and the provisions of the LDC. The consistency among the Development Order, the Comprehensive Plan, and the LDC continued throughout the years, and the initial construction on the project and the Phase One Plat were designed not only in accordance with the Development Order, but are constructed in accord with the LDC in effect at the time of platting. Where not inconsistent with the plan of development (and even though not required to Page 8 of 14 16C13 , do so pursuant to the protections under Section 163.3167(8), F.S.), the Applicants have been willing to design and construct in accordance with the more recent LDC. For example, the LDC's Activity Center #9 regulations contain provisions for setbacks, buffering, and architectural themes that differ from or are not required by the Development Order. Nevertheless, Applicants have been willing to design and construct the subject project to meet these LDC requirements. In 2003/2004, however, the County adopted amendments to Division 3.9 of the prior ono LDC. This cited LDC division requires that the native vegetation to be preserved on site N be set aside in a separate preserve. This provision is substantially different than the c.� cow prior plan of development and the requ+reme.nts of the Development Order. In the 0 i 11 v Development Order, native vet ttts� east °ife FPL easement is preserved by M minimum parcel sizes of twocres, with minimuar requirements of 50 feet front P O. q o and rear, and 25 feet sid`wit, ia murYi'°oho of rqu red yards devoted to parking or vehicular drives. Also, it it�grc tibfa� ,of each parcel must be devoted to natural and/or installed, dscq areas. should bel rated that the total amount of native vegetation to be pawed under the Dvelop�me��rder is consistent with, and in fact exceeds, the amourT ired by the curry"rit 4I ttis simply the placement and configuration of the preserveat are "consistent." Thus, to apply the 2003/2004 refinements woulVd 4, lip d tubstantially affect the development rights granted by the DRI, and, if those regulations were applied in whole cloth they would prevent the completion of the development authorized by the DRI Development Order. The master development plan contained in the Development Order and PUD (Exhibit H therein) shows the development as a series of development parcels interconnected by a private internal roadway system. The imposition of one contiguous 30+ acre preservation tract conforming to the requirements of the 2003/2004 LDC amendments and also consistent with the master development plan would not be possible under the already approved DRI DO master plan. This imposition would not only change the character of the development, but could be adverse to the County's economic development interests as well. The County has acknowledged a critical shortage of Page 9 of 14 6 a rn M 0 16C13 high -quality light industrial areas that are well located with respect to transportation facilities. City Gate represents approximately 60% of the available acreage for this type of land use in the coastal area of the County. Further, the County's own comprehensive plan considers such development to be appropriate at this location. B. Legal Effect of the Bay Point Club Case There was no appellate case directly construing Section 163.3167(8), F.S., until 2004. In Bay Point Club, Inc. v. Bay County, 890 So. 2d 256 (Fla. 1st DCA 2004), the court considered the nature and extent of the protection afforded a DRI under Section 163.3167(8), F.S. See Exhibit 10, attached Because of the significance of this recent case on the issues resented k � p roat�.w'lit discussed here in detail. C3' The appellant -developer t�her+6, �,�oin�t'1 I'Jpreviously approved DRI/ and,-s bol ' �hlaIn The project change propose b r Bay in of 12 stories, a doublin4' the residential approved recreational fact%�� Bay County d' development order on the p g 6hs,,,that the ch - v must therefore, undergo full DRI rd , k had rchased a small tract within a b `'Nees DRI development order.' sought a{ eight increase to a maximum isity,! and", e elimination of previously ied proposed change to the DRI 'c ang was a substantial deviation and, Bay Point Club then appealed to the Florida Land and Water Adjudicatory Commission ("FLAWAC") and certain residents and the community association intervened. The case was transferred to the Division of Administrative Hearings (DOAH) for a determination. The issue of the requested change being a substantial deviation was abandoned, but all parties agreed the change was not a substantial deviation under Section 380.06 (19), F.S. Thus, the remaining issue was whether the proposed DRI change was inconsistent or not with the Bay County comprehensive plan, and then whether the project changes could be approved in view of Section 163.3194 (1)(a), F.S., which 'See Bay Point Club v. Bay County, Florida Division of Administrative Hearings Case No. 01- 4890, Dec. 11, 2002 (the "DOAH Case") for a detailed exposition of the facts of this case. A copy is attached as Exhibit 11. Page 10 of 14 16CI3 requires that all actions taken with regard to development orders must be consistent with the local government's adopted comprehensive plan. Although not considered to be a substantial deviation by the parties, the DOAH decision went into great detail regarding the relatively small, but dramatic, change to the development being sought by Bay Point Club. The decision analyzed the existing development at Bay Point to determine the character of the neighborhood and found it to be a low rise, stable residential community comprised of predominantly permanent M o residents. Most structures were one and two stories in height, and the four buildings in N the development that exceeded two stories were located '/4 to over Y2 mile from the c� proposed Bay Point Club project.LCIP -� . ..w M After analyzing the characiersafhe development,'""-[OAH decision concluded that o the intensification of deve l'oprn'e'riaprQpo8ed-tom-Bay Point Club was inconsistent with the IJI provisions of the Bay C 'un rrs� t 5ou ht to protect and reserve P Y 4 � � � ,IA !h �� ` P P the character of the exitigresictal depmet On that basis, the DOAH order t ` 9 a determined that the proje range was not au orized be�use it was inconsistent with the Bay County compreh'p plan. No m6ht�on-,oection 163.3167(8), F.S., or vesting, however, was contai64jitthe DOAH dects�t� .�, On appeal, the vesting issue was that first squarely addressed by the reviewing court. The court began its opinion by stating "this case involves the extent of vested rights in a development of regional impact" and then rephrased the question before the court as: "Once a DRI has been approved by the regional planning agency, do all proposed changes not requiring additional regional review become vested development rights, exempt from any local government review and approval?" The court cited Section 163.3167(8), F.S., for the proposition that once a DRI has been approved the right to develop according to the DRI vests, and then stated that vesting means development rights obtained through a previously approved DRI are not lost by subsequent changes in the law. The court then analyzed the proposed change to the Page 11 of 14 16CI3 Bay Point DRI and concluded that such changes, while not substantial deviations under Section 380.06 (19), F.S., nevertheless rose to the level of "significant development changes." Although the court recognized that a request for proposed changes would jeopardize vested rights because it seeks different development rights than those approved, the court accepted and confirmed that Section 163.3167(8), F.S., vests a developer's right to complete that development authorized by the DRI so long as the changes sought would not be considered "significant." Thus, so long as the project's proposed changes were not otherwise inconsistent with the local government's Ncomprehensive plan, whatever development rights existed at the time of DRI approval would remain "vested." w a, That is precisely what Applicantsn�. seek form ,ate. No significant development M .,.� changes" to the developm6r> fights authorized by —b RI have been or are being o sought. The only change ofariy k d t`ftat been' made since the adoption of the Development Order are ith0,rff �'ait �r n� ��OA's challenge (which resulted in � ° DOA 90-4 providing forrsnrertrptcion I#ovisi6pslfor wildlife, mitigation, and �E listed species), or those in i' ted by the devet per to 616' n revisions to phasing and z build -out dates in order tea ply with the rri iildlife, mitigation, and listed species management plans 6Ef r tvin DOA 9064 s, unlike the case in Bay Point there have been no significant deveertt ag s*.and, most significantly, there is no resulting potential for any inconsistency with the then effective Growth Management Plan provisions. As found above, the development has already been platted in part and is under continuing construction according to the City Gate's Plan of development. The second subdivision plat has been submitted for review and approval, and subdivision phases will continue to be submitted in future years to implement the plan of development shown on the DRI DO and PUD master plan. These plans are within the development intensities authorized, and are consistent with the development standards and regulations contained in the Development Order and the PUD. No increases in development intensity or any other change to the development rights granted by the Development Order for all or any part of the project have been or will be sought. Page 12 of 14 16CI 3 Applicants seek only to complete the development authorized by the DRI without being subjected to later enacted regulations, which if applied, would substantially and materially alter the approved plan of development. DETERMINATIONS Based upon the evidence submitted by the Applicants, deemed to be both competent and substantial, as well as the foregoing Findings of Fact and Conclusions of Law, pursuant to LDC Section 9.02.03., the undersigned are of the considered opinion and have now determined that the requested relief should be granted as follows: 1. Applicants have the of development for the u 2. That any provision of 3 the corresponding LDC pro, or more restrictive requi affect Applicants' ability Order are deemed not ete a lcW)pnt of the project at the intensities zed by the DRIeldpment Order and PUD. n€ sk as f gomOnt Plan, as amended, or of a 8 Ek arced, wih yupjd purport to establish new for developrr rlt that wQdid materially or substantially ,JVt lete the develo:nt t orized by the Development r ibAe, including,,im..not limited to, the 2003/2004 Preservation Requirements, subject tbwµ the.Applicant's express agreement to the conditions for development order review by the County set forth in Exhibit 12, attached, entitled Required Yard Management Plan, 3. That, without limiting the generality of the foregoing determinations, and subject only to the express conditions for development order review set forth in Exhibit 12, attached, the vested rights determined to exist by this Order means that the express terms of the DRI Development Order, as amended, and corresponding PUD govern the location and amount of native vegetation required to be retained and preserved as well as the applicable setbacks and landscape area buffers, and provide all other regulations relating to native vegetation required to be preserved on the DRI property. Page 13 of 14 16C13 "Zr N 6 t=4 L.C�o M O Other than expressly stated above, this Determination expresses no opinion and reaches no conclusion as to any aspect of the applicants/property owners' property or development rights that may be otherwise regulated by Collier County. DETERMINED AND ORDERED THIS OF COLLIER COUNTY, FLORIDA. By its County Manager: DAY OF , 2005, ON BEHALF James V. Mudd -� and By its County Attorney t i j David C. Weigel s F Page 14 of 14 S.C.R. W. T. P r- 00 N Ate. EXIST 48" RCP STORM rn M U O N � I s j:;/( � 1�4� 16C13 30' STEEL CASINGS (AL T B) Q MAX TOP OF CASING EL 10.5 NGVD c0 O [ , `a,_ / PROP 8" FORCEMAIN PROP 16" WATER u. I N 3 w � � E O 0 U ~ S aW 0 100 `O 3 170' FPL ESMT RA W WA TER MAIN CROSSINGS - Cl TY GA TE BL VD SOU TH .Florida � 6 r 1 �,6, �-� Energy 3 ! :L._ Services ��e 255 Hwy 19, Suite 19 Inc. Crystal River, FL 34429 Ph. (352) 795-9007 Fax (352) 795-6360 CITYGATE COMMERCE PARK REVISED BLASTING PLAN AND DISCUSSION 00 co With modifications to the shape and size of the lake at CITYGATE COMMERCE PARK, distances for blasting also changed. The attached site plan is marked up as the c� Revised Blasting Plan and its shows Collier County structures of concern, blast areas and sites charges, and various distances. It also -provides the depth and distance between holes size of holes size of ex losive h ri aum number of pounds of �.c , p � g �� r c3N explosives per hole. a Previously submitted was a,,�e oft o G mcs Inc. tha commented on the prior blast o y pr; `� plan. That report and comments are "sti`Ii��el�v t for the cha es Incorporated within this revised blasting plan. The prir 1p es pp i�d rf iiA a� Milan pare the same as applied now. The Revised Blasting P! n(has dde tli �pf �t n,,to reduce vibrations from lake blasting, of 16 lbs. per ho a Ib=s h he l l fer sous afq d 3 sides of the lake. To monitor the blasting we tk, -4 seismographs c� be set 4 to-t daily shots at critical locations. After typical data certained, it may b6' si i"Imonitor seismic shock waves with one or two seisrri a qs. I know there is a great concern aba t t1i `e?_u,`n_ �ty%%4ter,,treatment plant and wells. In the past, we have blasted very close to sch6ols!aand_©ther utility plants with no problem arising. Also, we blasted in the vicinity of the runway during construction of the Midfield Terminal in Lee County without incident. In fact, some additional liability insurance was purchased to appease risk managers for the Port Authority. CITYGATE COMMERCE PARK Phase Two does not include the lake. It does have some blasting for utility lines as note in the Revised Blasting Plan. The data collected from that blasting may be useful in further refinements to this plan. As always, when Collier County issues a blast permit, they are entitled to hold up further blasting at any point in time until the County's concerns are addressed satisfactorily. Please advise if you have any further questions or concerns. Naples Branch (239) 777-8529 (239) 572-4112 C.D 6 IM-1 m OIL t am* SA"Nr40-1 gg PmWAS OA.WW*404 INF&RPK*rUW 1-i 34 WAR .36 7 � tl- -r-R-'ACT A LAKE ME & DE WA 4 45 442 . ..... - 41 j 22 23 24 26 31 Wil W] WA N AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a PUD Amendment and Development Order Amendment at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 30t' day of November 2020 by Jessica Harrelson, who is personally known to me or who has produced as identification. ignature of Notary Public) Tocia Hamlin -Rosa Printed Name of Notary DOA- PL20200002056 P U DA- P L20200001448 W COWAWM / GG 309547 WWedYkUW ryPti6Ycuidawl�t PART Of THE USA TODAY NETWORK Published Daily Naples, FL 34110 DAVIDSON ENGINEERING 4365 RADIO RD #201 NAPLES, FL 34104 ATTN JESSICA HARRELSON Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 11/30/2020 Subscribed and sworn to before on November 30th, 2020: Notary, State of WI, County of Brown TARA MONDLOCH Notary Public State of Wisconsin My commission expires: August 6, 2021 Publication Cost: S1,040.25 Ad No GC10543003 Customer No: 505019 PO#: PUBLIC NOTICI1, NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a Neighborhood Information Meeting, held by Davidson Engineering, Inc., on: Tuesday, December 15th, 2020 at 5:30 p.m. at The Cove, located within the Paradise Coast Sports Complex, at 3920 City Gate Blvd North, Naples, FL 34117 The subject property is located at the northeast quadrant of the intersection of Interstate 75 (1-75) and Collier Boulevard (CR 951), lying south of the Golden Gate Canal, east of Collier Boulevard (CR 951) in Sections 35 & 36, Township 49 South, Range 26 East, Collier County, Florida, consisting of 419.60-acres. 7 - Fo m Project Location a U Radia�R[3r�4i7 �I75 S% a" Formal applications have been submitted to Collier County seeking approval for the following: Planned Unit Deveiapment Amendment PUDA-PL2020 00144$ to the City Gate Commerce Park Mixed -Use Planned Unit Development (MPUD) to increase the development intensity for the Sports Complex Extension (addition of ±10,000 SF for medical office for essential service personnel only); increase the trip limitation for the Sports Complex Extension, pursuant to the addition of medical office; update existing deviations related to directional signs and parking for the Sports Complex Project; increase the number of caretaker units from 7 to 10; add deviations related to off -premise directional signs for the South County Water Treatment Plant and parking for warehouse distributions facilities; reduce the minimum lots size for lots east of the FPL easement; reduce required yards to 7.5 feet for Lots less than 1-acre in size; addition of language to Exhibit A-6 Required Yard Plan; increase the maximum height for the Sports Complex Project; updates to Exhibit A-3 Permitted Uses - SIC Codes and update Exhibit A-1 Master Development Plan. Development Order Amendment (DOA-PL20200002056) to the Citygate Commerce Park Development of Regional Impact (DRI) to increase the development intensity for the Sports Complex Extension (addition of ±10,000 SF for medical office for essential service personnel only); increase the trip limitation for the Sports Complex Extension, pursuant to the addition of medical office and update the Master Development Plan. Business and property owners, residents and visitors are welcome to attend the presentation to discuss the project. If you would like to participate virtually, an on-line meeting will be available. Details related to joining the meeting can be obtained by contacting the individual listed below. Reservations for in - person meeting attendance is not required but is preferred to ensure CDC guidelines can be achieved. If you are unable to attend the meeting in -person or participate virtually, and have questions or comments, they can also be directed by mail, phone or e-mail to the individual below Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239-434-6060 Email: jessica@davidsonengineering.com No-ccwsi3ao�-0i DAVIDSON Civil Engineering • Planning • Permitting N(,INFF121NG ESTABLISHED esigning "xcellence November 25, 2020 The public is invited to attend a Neighborhood Information Meeting, held by Davidson Engineering, Inc. on: Tuesday, December 15th, 2020 at 5:30 p.m. at The Cove, located within the Paradise Coast Sports Complex, at 3920 City Gate Blvd North, Naples, FL 34117 The subject property is located at the northeast quadrant of the intersection of Interstate 75 (1-75) and Collier Boulevard (CR 951), lying south of the Golden Gate Canal, east of Collier Boulevard (CR 951) in Sections 35 & 36, Township 49 South, Range 26 East, Collier County, Florida, consisting of 419.60-acres (see location map on back). Formal applications have been submitted to Collier County seeking approval for the following: Planned Unit Development Amendment (PUDA-PL20200001448) to the City Gate Commerce Park Mixed - Use Planned Unit Development (MPUD) to increase the development intensity for the Sports Complex Extension (addition of±10,000 SF for medical office for essential service personnel only); increase the trip limitation for the Sports Complex Extension, pursuant to the addition of medical office; update existing deviations related to directional signs and parking for the Sports Complex Project; increase the number of caretaker units from 7 to 10; add deviations related to off -premise directional signs for the South County Water Treatment Plant and parking for warehouse distributions facilities; reduce the minimum lots size for lots east of the FPL easement; reduce required yards to 7.5 feet for Lots less than 1-acre in size; addition of language to Exhibit A-6 Required Yard Plan; increase the maximum height for the Sports Complex Project; updates to Exhibit A-3 Permitted Uses -SIC Codes and update Exhibit A-1 Master Development Plan. Development Order Amendment (DOA-PL20200002056) to the Citygate Commerce Park Development of Regional Impact (DRI) to increase the development intensity for the Sports Complex Extension (addition of ±10,000 SF for medical office for essential service personnel only); increase the trip limitation for the Sports Complex Extension, pursuant to the addition of medical office and update the Master Development Plan. Business and property owners, residents and visitors are welcome to attend the presentation to discuss the project. If you would like to participate virtually, an on-line meeting will be available. Details related to joining the meeting can be obtained by contacting the individual listed below. Reservations for in - person meeting attendance is not required but is preferred to ensure CDC guidelines can be achieved. If you are unable to attend the meeting in -person or participate virtually, and have questions or comments, they can also be directed by mail, phone or e-mail to the individual below: Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239-434-6060 Email: jessica@davidsonengineering.com 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com J m Radio•RD ,,vD O� 175 DE DAVIDSON ENGINEERING Project Location CN Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA. 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O O N J d aQ 00° on- } DAVIDSON f hk (. i N i' , f, : rA C, EZiTAaLI19HIED December 17, 2020 Civil Engineering • Planning • Permitting MEMORANDUM esigning xcellence To: Nancy Gundlach, AICP, PLA, Principal Planner, Collier County Zoning Services From: Sean Sammon, Planner Reviewed By: Jessica Harrelson, AICP, Senior Planner RE: City Gate Commerce Park Neighborhood Information Meeting Summary PUDA-PL20200001448 & DOA-PL20200002056 Davidson Engineering conducted a Neighborhood Information Meeting regarding the City Gate Commerce Park Planned Unit Development and Development Order Amendments on Tuesday, December 15, 2020, at 5:30pm. The meeting was held at The Cove, located within the Paradise Coast Sports Complex, at 3920 City Gate Blvd North, Naples, FL 34117. The meeting was also offered on-line, via Zoom. There was a total of 5 in - person attendees from the public, and two individuals from the public that participated virtually. The list of individuals below, associated with the project, also participated in the meeting: - Josh Fruth, Davidson Engineering (in -person) - Jessica Harrelson, Davidson Engineering (Zoom) - Sean Sammon, Davidson Engineering (in -person) - Nancy Gundlach, Collier County (in -person) Josh Fruth, substituting for the Agent for the Applicant, began the presentation at approximately 5:35pm and reviewed the details of the PUD and DO Amendments. (A PDF copy of the PowerPoint Presentation is attached for reference). During and following the presentation, attendees asked questions and gave comments. The following list is a summary of the questions and comments along with responses given by the agent in bold. 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com DE DAVIDSON ENGI N E E R I N G • Sam Hiscox: "What do you have proposed in the lots adjacent to the canal? North of City Gate Blvd North and flanking the Big Cypress Basin? Our property is backed right up to the canal" Response: There's nothing proposed right now. Anything that's in the zoning documents similar to the past could be built there, anywhere from retail, light industrial, commercial, but as of right now, it is still owned by the master developer. • Sam Hiscox: "Nothing's connected to this complex? Anything could show up over there?" Response: There's nothing proposed. Anything could be built there, that is an approved use, could be built there. There's no plans and is still owned by the master developer. • Ulrike Unkel: "We live right across the canal, what are you planning on doing for noise? I feel like I live on the football field, Sunday was extremely loud, even inside and the doors are closed. We had to call the sheriff's department, to tone it down. It sounded like they were in our backyard." Response: Understood, obviously, this is a national sports complex, amateur facility. Sound abatement, there were some considerations that were taken into the PUD in 2018 for directionalizing sound, but the noise of the play and activity that's something obviously we can't contain. • Sebastian Unkel: "The DJ is something that should be contained, the music is way out of control." Response: We'll take that into consideration and discuss that with Collier County. That's your biggest issue, the amplified sound, noise? • Ulrike Unkel: "As soon as I get home, this is a great complex, but I need peace and freedom at home. We don't want to hear constant games and music, one day was at 6am, speakers were used to entertain the maintenance crew. Between my house and here is foliage, not sure if greenery would help dampen the noise. The street on the canal side, our biggest concern is noise." Response: And obviously the kids playing is a different story, but the DJ that is the main concern. • Sam Hiscox: "That's not that bad but since it's soccer, the whistles constantly from refs as part of the game gets to you after a while. I mean if they had some kind of buffer from the noise along the canal, it would make a huge difference, we like stuff like this but the weekend the noise it's all weekend long." Response: Understand. Obviously, the weekend is the big thing, during the week is all local stuff, the weekend tournaments we have people coming in from out-of-town, we'll take that into consideration. We'll talk to County Manager's Office and the County Commissioners. • Ulrike Unkel: "Is there something we should do from our side? We don't want to be the bad people here; we want to live here and have quiet time at home. Nancy said I should write some kind of letter to the commissioners for some help." 2 DE DAVIDSON ENGI N E E R I N G Response: Understood, we'll talk to the County Manager's Office as well and that's why Nancy's here, she's documenting it as well, we're recording this and we have two hearings scheduled so we'll follow up with this and see where we stand. • Sam Hiscox: "Do they have hotels planned as well?" Response: Well, we have the existing hotels, two Marriott flagships are within the MPUD. The other ones are not a part of this property, the zoned property. The existing zoning does allow for additional hotel/resorts as well, nothing right now but the county is talking to some different facilities, but nothing is planned right now. • Sam Hiscox: "What's planned for east of the canal? Where the canal turns north?" Response: East of the canal, I'm going to go back to this PUD, for the red box represents the boundary limits for this zoned property. The softball fields are the next phase of the complex and that was just approved by the commissioners which will start clearing here next week. The remaining 14 fields there are multi -purpose, any sport can be played, but little -league, baseball, softball can be played on any field out to the east. • Sam Hiscox: "East of the canal is not going to be part of the Sports Complex?" Response: East, talking North of the Red line? This is not part of this PUD, it is owned by Collier County, but it's not part of this PUD, it's part of a different zoned property. • Ulrike Unkel: "Is it going to be a recycling facility?" Response: Government Offices, essential services, they have a buffer there along the canal, but it's not part of this PUD. [MEETING ADJOURNED] 3 low! C*TY_GA-TE DRIVE Ir r - -k F � 4 04 INN - CITY GATE BLVD NORTH W 3 � _ra 'mac; L CITY GATE BLV❑ SOUTH ��-• - ter! r 0 CITY GATE COMMERCE PARK P U DA/ DOA NEIGHBORHOOD INFORMATION MEETING DECEM BER 15, 2020 D E DN (;I NAVIDSON FFFRI IJ C� E STAB L I S H ED '4- F-7 .... ...... 77 CC GG GOLF COURSE Lzj CC GOBP BOU NDARY CC.305 BOUNDARY CC LANDFILL BOUNDARY FPL EASEMENT 170' ............ 11. 44 . LL- r77 75 RN A I I E M� �,UNTY W3-0-51 P. AR! -! Q- E Timeline of Sports Complex/ Current PUD •2016 •2017 •2017 •2018 •zols •zozo — Site Selection — Original Rezone — Sports Complex — Preliminary Site Design — Rezone — Site Updates — Sports Complex — Start of — Rezone — Site Updates NOW - Construction FROM THE BEGINNING `• r j M I 'All Im , i 44 W iNO- ... �... .r... 2018 2019 i D cm DAVIDSON E N G N E E R I N G CELEBRATING 20 VEARS I r4V� I L �f i I I � 2020 TO THE PRESENT , it", ml�ffi All 1 ry^# { i;� MAY 2020 D cm DAVIDSON E N G N E E R I N G CELEBRATING 20 VEARS :)ORTS COMPLEX FXTFNSIC CITY.-GATE"BLVD MORT�. r-MAN— ,I W I V F ai w n SPORTS COMPLEX 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, ±10,000 SF Medical' Office and accessory uses. The Sports Complex Extension's total trips shall not exceed 394345 two-way PM peak hour trips, resulting in a total of 6,309 6,344 two-way PM peak hour trips for the MPUD. EXTENSION Medical Office, for Essential Service Personnel only, shall be permitted. DL DAVI E E N G I N E R I N ESTAELI SHED 199, T STREET M a:-r ra VIATION I RFCTION4 NlI'll xoI10301M1®[e OMMA►IMOM 901: M03 I a I W.4 9 RM 11101 101MAIMl Engineer -grade retro reflective white vinyl copy, arrows, and logo adhered to face, (C-07). Copy to be placed with space to add future messaging. 6. Deviation #6 seeks relief from LDC Section 5.06.04 F.9 "On -Premise Directional Signs," which m um finisconsh over internal Allan alframe, angle frame,finish to be smooth, painted requires that directional signs shall not exceed 6 square feet in area, 4 feet in height, be tomatch (C-05). limited to two (2) at each vehicle access point and a maximum of 4 internal to the MPUD, a11d LDC Section 5.06.04G.2.e "Off -Premise Directional Signs" which req u i res that d i rectio na I signs be limited to within 1,000 feet from the building, structure, or use for which the sign is r displayed: r i • I Cap to be fabricated alum in u m to instead allow combined off -premises and on -premises directional signs, far the MPUD and with smooth finish. T the Sports Complex Project, within the MPUD's internal public or private right-of-way, or Base, all allurninum abutting thereto (but more than 200 feet from Collier Boulevard) as follows, x construction over internal angle bracing. finish to be aj provide no more than 1436-square feet in area per sign; <r brushed swirl smooth, b) directional signs shall not exceed 912-feet in height; Concrete footing to be sized by c) up to seven (7) twenty (20) directional signs, which must be separated by a minimum fabricator. contractor to submit shop drawings for framework distance of 250-feet; and _ and structural design. .. d) directional signs may be more than 1,000 feet from a building, structure, or use (including 4 . the Sports Complex Project) for �.vhich the sign is displayed. tr. + :P.DL , .. DAVIDSON r J ;ESTAB L I S M EO PARKING - SPORTS COMPLEX PROJECT 1 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. This deviation may also apply to Lots abutting the Sports Complex Project that are providing overflow parking for the Sports Complex Project. 115. 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. This deviation may also apply to Lots abutting the Sports Complex Project that are providing overflow parking for the Sports Complex Project. I16. 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. o-r This deviation shall only apply to grassed parking areas. This deviation may also apply to Lots abutting the Sports Complex Project that are providing overflow parking for the Sports Complex Project. 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. 9-r This deviation shall only apply to grassed parking areas. This deviation may also apply to Lots abutting the Sports Complex Project that are providing overflow parking for the Sports Complex Project. :101IRk { 11 t / I I ■ I ■ I f • 1 . r I YA "Aill Sports Complex w E. } ■ I rI Proposed Grassed Parking H ■N H H � ■ H N r■ r �' .. ".■■ter .."' Orm DAVIDSR I N G ON I I, (, I N E E E STABLI$HEp 1997E plaTIVARSILIENJUDYA jj r•, ,, ,a ,,1b 11] 1,, [« CARETAKER RESIDENCES — MPIlD iNCLUUING SPORTS C:OMPLE7{ PROJECT 1,0r A l 441 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 seven (7) ten 10 attached or detached caretaker's residence(s), limited to locations East of the F. P. & L. Easement. DE DAVIDSON EINOINEFRING ESTABLISHED 1997 rcU WESTOF FPL EAST OF FPL EASEMENT G J EASEMENT O n V LOT 11 L soumcouNrY I REGIONAL V WATER TREATMENT/ C F. I PLANT `:.�� F. __-CT TV GATE DRIVE {NDT WITHIN CITY "! _ n {'' GATE COMMERCE G II ` / PARK MPUD1 t`LOTSE UNE I I 4j` ,? J --- WESTOFFPL EASTOFFPL II �� EASEMENT EASEMENT rE I i I I � II li12, 21Q XIQ .C;.LE In FEET D E 43fiS RadFlodd Road, suite zDt Naples, Florida 34104 P_ 239 434.MU60 DAVIDSON _ompany Ceft of eaT..e.��eeo ss, Authorization No. OCH9490 T F 1 ADDITIOR- DIRECTIORALSI(irl DFF-PREMISE ❑IRECTIONAL SIGN —5DUTH COUNTY WATER TREATMENT PLANT GOLDEN GATE CANAL _ 34. Deviation 434 seeks relief from LDC Section 5.06.04 G. "Off -Premise Directional Signs," which 7T� --r__- requires Off -Premise Directional Signs to be no more than 12 square feet in area and be 1 ------ located no closer than 10 feetfrom the property line, to instead allow the South County Water cm cniEat7a[EVARo�r� .- -. Treatment Plant's Off -Premise Directional Sign to be a maximum of 21 square feet in area, be located less than 10' from the Dronertv line and be located within Lot 11 of the Citv Gate 'SPORTS COMPLEX LDT' South County Regional Water Treatment Plan MASTER DEVELOPMENT PLAN CITY GATE COMMERCE PARK IN THE NORTH HALF OF SECTION 35 & SECTION 36, TOWNSHIP 49, RANGE 26 E COLLIER COUNTY, FLORIDA NOTE ACTUAL DIMENSIONSCONFIGURATION OF THE LAKE AND RECREATIONAL TRACT AND LOTS MAY VARY SPORTS Co 7eY County SOUTH COUNTY REGIONAL WATER TREATMENT PLANT Award u,inntng q)rinking Water Treatment 'FaciCtty CITY GATE COMMERCE PARK MPUD EXHIBIT A-1 PAGE 1 OF 14. MASTER DEVELOPMENT PLAN 4-J _ V, DE DAVIDSON E N G I N E E R I N G ESTABLISHED 1997 lkx Op erational Projections - Other 2018 2019 2020 2021 2022 2023 r 2024 2025 9 " 2026 2027 Office 22 25 26 27 29 29 30 33 33 35 tr c W hse 1 st Shift 95 99 111 117 125 132 140 146 152 157 ro Whse 2nd Shift 41 44 48 52 55 59 62 66 63 71 O~ Parking Total (101% pad) 128 137 150 158 169 178 187 197 204 212 cw T AL i r l r1 -� - rr rr ra •r rr r PARKING REQUIREMENTS - WHOLESALE WAREHOUSE FACILITYBY,�'` "r'r - ^aaI••1. �.4nvr 35. Deviation #35 seeks relief from LDC Section 4,05,04 G. Parking Space Requirements, which . Proposed Wine requires wholesale warehouse establishments to be parked at 1 space per every 1,000 5F of Facility I �� r warehouse and 1 space per every 275 SF of office areas, to instead allow the wholesale ,1 warehouse facility planned within the City Gate Commerce Park MPUD [SDP-PL20200002112] •- + to provide 1 space per every 4,000 SF of warehouse and office areas. - �•=j�i ^�'�: _ rr I� r r i r rin rr �� Rr�.... i � h rr i y VM w1► , r, ^r p.R a �r !y, ♦ r ... ..r et � K rr rr a ►r �aaa errrrrrrr i A V NIt 9+rii4,0 rr r HK N r r1 s i � � � •► rr r' r rr rr esrr � rr rr ^' r" rr M r �=. rr � .� .� � � r r^ r r+rr rr r► rr rr rr r� ,.rr rn rrN rrNrr r►rrR 01 avi 2 go] Do A 0 11 YA1 IM 0 UMMAL Legend CITY GATE PUU - PROPOSED ® FPL EASEMENT 170- DEVELOPMENT STANDARDS Minimum Parcel Size: East of F. P. & L. easement: I awe 0.25-acres Minimum Parcel Width: East of F. P. & L. easement: 4-58 50 feet Side yard — 25 feet for parcels that are 1-acre or I?reater in size and 7.5 feet for Darcels less than 1-acre in size, unless adjoining parcels are jointly planned, in which case the adjoining side yard requirements may be waived or modified during the SDP approval process. D E DAVIDSON E N G I N E E R I N G ESTA13LISHED 1997 1 I'll M •j. O%b x �4 y4�r .; .GAT.E ! E a -. D SOUI (;ATE. BLVD IN F1 Lots abEc4ing surrounding the Lake and Recreational Tract (Tract RQ, known as the Tract RL Campus, shall have the option to eliminate the rear or ry P^Fti^^ of the reaj- Required Yards AGRE tke SlhaF8d PF9peqy beURdaFV v.4th T--'raet Qc or portions of Required Yards, provided that the total required native vegetation is met expanding the remaining Required Yards on the same Lot and/or by providing t required native vegetation within a different Lot located within the MPUD boundary .;*tires the le+ seeking FedactioF ia'eHg the lake bank. The location of required native ' F vegetation for each Lot shall be shown on the Site Development Plan, including designating the location of relocated required yard, as applicable. Refer to page 4B of the Master Development Plan and Exhibit I of the Exhibit A-5 Required Yard Pla�, DUZ 0N I N G01997 PARTS COMPLEX- MA 'J m CITY GATE BLVD SOUTH CITY GATE BLVD NORTH I r. - r Legend CITY GATE PUD BOUNDARY SC MAX HEIGHT LOCATION �5 Sports Complex Project: Zoned Height: -7590-feet Actual Height: 95100-feet Also applies to lots west of w the Sports Complex Project, east of the FPL easement and south of City Gate Blvd North that include uses that are compatible and .. complementary to the Sports Complex Project. Iff orm DAVIDSON ENGINEER N 3 ESTABLISHED 1997 0 rr C 7 Sa sU WESTOFFPL EAST OF FPL W EASEMENT G J EASEMENT GOLDEN GATE CANAL X.\CI III \\ 1y , Cry III a OULEVARO NORTH . ��\\�� CITV GATE BWCEYRR RECIONAL WATER TREATMENT/ M PLANT {NOT WITHINCITY v \.w\ GATE COMMERCE PARK MPLI r WEST OF I L EAST OF FPL FI �� \ EASEMENT EASEMENT I II I I � 1 I I I ` I I I III r r U 0 125 25o ,C-LE IN FEET Suite 201 IEZP: Naples, Florida 34104 239-434.6060 DAVIDSQh1 Company Cert. o= esrneuswer, Authorization No.00009496 LAKE AN ❑ RECREATIONAL TRACT -SPORTS COMPLEX LOT' AID9A za.1=AIto] MMIa•.IM�10. CITY GATE COMMERCE PARK SPOF I w 1 I � 1 I o I tL 1 1 TEMPORARY CUL-0ESAC IN THE NORTH HALF OF SECTION 35 & SECTION 36, REVISIONS TOWNSHIP 49, RANGE 26 E 1- REV. PER CC RAI COMMENTS -11I242020 COLLIER COUNTY, FLORIDA SHEET NO - CITY GATE COMMERCE PARK NOTE ACTUAL DIMENSIC"WONFI GURA71ON OF THE MPUD EXHIBIT A-1 PAGE 1 OF 14: LAKE AND RECREATIONAL TRACT AND LOTS MAY VARY MASTER DEVELOPMENT PLAN 9 DNS DAVIDSON E N G I N E E R I IJ (, FIII31LISHED wl DRIVE v CITY GATE, rBL�� NWOqR- > z z z Llj - Legend CITY GATE COMMERCE PARK P U D B OU IN DARY +/-419.6 AC 404MMINFAM6,1 QUESTIONS? DE DAVIDSON ESTABLISHEL) , -l" I (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s) NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTINGNOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED JESSICA HARRELSON, AICP WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.000F THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PUDA- PL20200001448 and DOA-PL20200002056 (CITY GATE COMMERCE PARK) SIG URE APPLICANW OM AGENT Jessica Harrelson, AICP, Senior Planner, Davidson Engineering, Inc. NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER 4365 Radio Road, Suite 201 STREET OR P.O. BOX Naples, FL 34104 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 14th day of January 2021, by Jessica Harrelson, AICP, who is personally known to me and ho did take n ath. +R� 1 TOCIA W41rILM4FM iri = W COWIIS"8 OG 30la541 EXt'I O:J*7.2 23 BMW Thu way PAk ufld�W&TkM My Commission Expires: (Stamp with serial number) Signature of NotaryPublic Tocia Hamlin Rosa Printed Name of Notary Public PUDA-PL20200001448 and DOA-PL20200002056 CITY GATE COMMERCE PARK I '�Ft `��'1 1f�►. � � .LY � 1 1 ,.� 1. sNep Vt i .. s \y�,-} -. 1 • •• 1 I111 11 •• '\ ..: - � �Y`ey^a' n .. � ` � � S Vti• . � 2 • ' 1 1 • • 1 I 1 I I I , � ,. ti :5 l s _ t >`-,:y�' I. V-1 i 1 11 j• M LAW ?31 t V ,.-e' •Uw 7" MW , .. , .. •-+4185a:y� y � � � / � r, ' �a �y 1 r 1 �* 1 ! ` �t t + r �., � w+S�l�,e � ,N - , 1 �+ ,. I r� fvw'`, � +`�lf! S"`•' (/.� ,� \, ,�;' I.• ' JY�. ,� k� �� , ` _ v a/. , c 1, s ) - � � 1)�ii.•�� '� �� t r' j�� .ar ' �4�� Aw tZ a Ir: I s .ito e��5"4�jmet, - 1 � �i•i � a tT'+a +E l 1 ! Mi .✓ sat tyl !' r 4 1'/ 4TICE �rEt EVELOPMENT IIEVELOPMENT 110002056M. y i • / FLOOR a 1 r�{ r i r ,.l i xv I J � ��' �s� n�y�r ��j �'�i a `� 'm`#.. & �r � i i •�' i \,; I\: � ..� I , '�1 \. ,.�_., \ - vt �y s �:� e `�� t ` -*� \ +� �. / '1' I �•' . 14s i 4'.l : ,� �� ' � �` .��°. �` ' ti'�. � i � �' I A � A.' .-� = . II - r �t 1 , - 4�F- :'''�"��,�,t�. ,� ��,xi-Y'iE"�aule'�',\') "a; [r ..Eli t:'•' Ly� _ _ _ a w e J rY. J �� .,f..•�- .Y"`�. �T'JN" `C �..9.r"� ��'v, X�•?',{4".S'r` t � .'�ri -s ^'�.c � iif *,� as '\i@ �LJ \�U� F` - , � _ . !F"� .i"F`� �"n��-.;a°��..F.'rq-�,: --,-ram•, .��, , f*i �, � •� i P"- {� i- �`` ! _-'•..y _ ,`,3- `-�` - - "� . ;•�: .` �. ° R'4. 'Y^' 'T � ': � aye,, - } �, -i'-� `�`-r' �" � r �', r'. _ - '`hy"C`o-il t _ �. _ x � � - /:.r_ tg„[.;. y f; _ � - .rc �� :.y e��. s. � � s \ - - 7:. ' f � y,_y�� r F" : �:� %+ t •' [� I r h, + - ty, � fi -x-:'- - '�. '-' - I d - - � •. I — � �`• ,' =Y - `!, _ -r 3� - f �� 'J - � - � roc 0 PUBLIC CITY GATE COM END AMENDMENT PEl OF ORDER AN SIDEWAL CCPC: BCC: M BOARD OF COUI CC 3299 EA COLLIER COUNTY Pi All 1�1l :�,.V: I _ 1 zr 17.A.7 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountvfl.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Hybrid Virtual Quasi -Judicial Public Hearing Waiver For Petition Number(s): Emergency/Executive Order 2020-04 Hearing of the Collier County Planning Commission and Board of County Commissioners PUDA-PL20200001448 and DOA-PL20200002056 Regarding the above subject petition number(s), Joseph Weber Vice President (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearings of the Collier County Planning Commission and Board of County Commissioners, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: Joseph Weber, Vice President Vice President, CG II, LLC Citygate Development, LLC 850 N L f Signature* iA i ❑ Applicant ❑ Legal Counsel to Applicant Date: I 1 I i' * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. Packet Pg. 1620 17.A.7 Co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountyfl.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Hybrid Virtual Quasi -Judicial Public Hearing Waiver For Petition Number(s): Emergency/Executive Order 2020-04 Hearing of the Collier County Planning Commission and Board of County Commissioners PUDA-PL20200001448 and DOA-PL20200002056 Daniel Rodriqquez Regarding the above subject petition number(s), ut unt Mana er Collier Count (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearings of the Collier County Planning Commission and Board of County Commissioners, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: Daniel R. Rodriguez SignatL ❑� Applicant ❑ Legal Counsel to Applicant Date: J7M[MPAI * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. Packet Pg. 1621 Ir)03�- 17.A.8 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on March 23, 2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at Ordinance is as follows: The title of the proposed AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 88-93, AS AMENDED, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT, BY INCREASING THE DEVELOPMENT INTENSITY FOR THE SPORTS COMPLEX EXTENSION LOT BY ADDING 1:10,000 SQUARE FEET FOR MEDICAL OFFICE USES FOR COLLIER COUNTY EMPLOYEES; BY INCREASING THE ACTUAL HEIGHT FOR THE SPORTS COMPLEX PROJECT AND CERTAIN LOTS EAST OF THE FPL EASEMENT TO 100 FEET; BY AMENDING THE DEVELOPMENT STANDARDS AND DEVIATIONS; BY INCREASING THE TRIP LIMITATION FOR THE SPORTS COMPLEX EXTENSION LOT; SY UPDATING THE MASTER DEVELOPMENT PLAN TO SHOW THE CURRENT LOT CONFIGURATION AND RELOCATION OF CITY GATE BOULEVARD SOUTH. THE SUBJECT PROPERTY CONSISTING OF 419.60t ACRES IS LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF 1-75 AND COLLIER BOULEVARD (CR 951) IN SECTIONS 35 AND 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY, FLORIDA. IPL20200001448j r, copy oT me proposed Ordinance is on file with the Clerk to the Board. and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to Presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www.colligrcountvFl oov. Individuals who register will receive an email in advance of the public hearing detailing now they can participate remotely in this meeting. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl aov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER By: Ann Jennejohn Deputy Clerk (SEAL) ND-GC10598975-01 -+ N Cl) _ O Z b N !~ M to LLO d #it Packet Pg. 1622