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Ordinance 2021-35 ORDINANCE NO. 2021- 3 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2006-50, THE CREEKSIDE COMMERCE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), AS AMENDED, BY ADDING UP TO 300 MULTI-FAMILY RENTAL DWELLING UNITS AS A PERMITTED USE IN THE BUSINESS DISTRICT; ADDING RESIDENTIAL DEVELOPMENT STANDARDS INCLUDING A MAXIMUM HEIGHT OF 100 FEET; AND BY AMENDING THE MASTER PLAN. THE SUBJECT MULTI-FAMILY PROPERTY IS IN THE SOUTHEAST QUADRANT OF THE INTERSECTION OF IMMOKALEE ROAD AND GOODLETTE FRANK ROAD, CONSISTING OF 28.85± ACRES AND THE CPUD IS LOCATED SOUTH OF IMMOKALEE ROAD AND BOTH EAST AND WEST OF GOODLETTE FRANK ROAD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. IPL201900028501 WHEREAS, on October 24, 2006, the Board of County Commissioners approved Ordinance Number 06-50, the Creekside Commerce Park Commercial Planned Unit Development (the "PUD"); and WHEREAS, on March 12, 2013, the Board of County Commissioners approved Ordinance Number 13-23, which amended the PUD; and WHEREAS, on March 22, 2016, the Board of County Commissioners approved Ordinance Number 16-05, which further amended the PUD; and WHEREAS, on October 25, 2016, the Board of County Commissioners approved Ordinance Number 16-32, which further amended the PUD; and WHEREAS, on April 24, 2018, the Board of County Commissioners approved Ordinance Number 18-19, which further amended the PUD; and WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., and D. Wayne Arnold of Q. Grady Minor & Associates representing Creekside East, Inc., petitioned the Board of County Commissioners to amend the CPUD. [20-CPS-02009/1656955/1] 108 Creekside Commerce Park CPUD 1 of 2 PL20190002850 9/16/21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to the CPUD Document of Ordinance No. 2006-50, as amended The CPUD Document attached as Exhibit "A" to Ordinance No. 2006-50, as amended, is hereby amended to read as follows: See Exhibit"A", attached hereto and incorporated herein by reference. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2021 -3/ becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this )(/ `day of 0 Ci-D Lfre.X" , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAI'>k. KINZEL, CLERK COLLIE O TY, FLORID By: ®► ,A1 By: Attest as to Chairman's • 'ty C e r' Penny Ta or, Chairman signature only. Approved as to form and legality: Otiv .J A 1— yket`t— Heidi Ashton-Cicko �^ Managing Assistant County Attorney Attachments: Exhibit A—CPUD Document This ordinance filed with :nt: Secretary of State's 1,,c. day of gmf ! and acknowledgement pf shot filing received this .3'1 day of N, -, a' [20-CPS-02009/1656955/1] 108 By Creekside Commerce Park CPUD 2 of 2 u^r«•^' PL20190002850 9/16/21 EXHIBIT A CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT PREPARED FOR BARRON COLLIER PARTNERSHIP CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT 106± Acres Located in Section 27 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: BARRON COLLIER PARTNERSHIP 2640 Golden Gate Parkway,Naples, FL 34105 PREPARED BY: WILSON,MILLER,BARTON&PEEK, INC. 3200 Bailey Lane, Suite 200,Naples,Florida 34105 YOUNG, VAN ASSENDERP&VARNADOE,P.A. 801 Laurel Oak Drive, Suite 300,Naples,Florida 34101 AMENDED DECEMBER 2005 BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 Via Del Rey,Bonita Spring,Florida 34134 ROETZEL AND ANDRESS,L.P.A. 850 Park Shore Drive, 3'Floor,Naples, Florida 34103 AMENDED MAY 2012 BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 Via Del Rey,Bonita Spring,Florida 34134 COLEMAN,YOVANOVICH AND KOESTER, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300,Naples, FL 34103 AMENDED AUGUST 2015,JULY 2016 and.00TOBER 2016 and JULY 2021 BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 Via Del Rey,Bonita Spring,Florida 34134 COLEMAN,YOVANOVICH AND KOESTER,P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300,Naples,FL 34103 Words k through are deleted; words underlined are added. PL20190002850 CPUD Amendment July 21, 2021 TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECTION II / COMMERCE PARK DEVELOPMENT 2-1 2.1 Purpose 2.2 General Description Of The Park and Proposed Land Uses 2.3 Compliance With County Ordinances 2.4 Community Development District 2.5 Land Uses 2.6 Lake Siting 2.7 Fill Storage 2.8 Use Of Right-Of-Way 2.9 Sales Office and Construction Office 2.10 Changes and Amendments To PUD Document Or PUD Master Plan 2.11 Preliminary Subdivision Plat Phasing 2.12 Open Space and Native Vegetation Retention Requirements 2.13 Surface Water Management 2.14 Environmental 2.15 Utilities 2.16 Transportation 2.17 Common Area Maintenance 2.18 Design Guidelines and Standards 2.19 Landscape Buffers, Berms,Fences and Walls 2.20 Signage 2.21 General Permitted Uses SECTION III INDUSTRIAL/COMMERCE DISTRICT 3-1 SECTION IV BUSINESS DISTRICT 4-1 SECTION V PRESERVE AREA 5-1 EXHIBIT A AERIAL PHOTOGRAPH, LOCATION MAP (WMB&P File No. RZ 255A)OMITTED EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN EXHIBIT B-1 CROSS SECTIONS (ENLARGED) EXHIBIT C CONCEPTUAL BUILDING RENDERING Words k gh are deleted; words underlined are added. PL20190002850 CPUD Amendment 1 July 21, 2021 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Barron Collier Partnership, hereinafter referred to as Barron Collier or the Developer, to create a Planned Unit Development(PUD) on 106± acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The development of Creekside Commerce Park will be in substantial compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District as identified on the Future Land Use Map which allows certain industrial and commercial uses. The Urban designation also allows support medical facilities, offices,clinics,treatment,research and rehabilitative centers and pharmacies provided they are located within 1/4 mile of the property boundary of an existing or approved hospital or medical center. The Creekside Commerce Park PUD is located within 'A mile of the North Collier Hospital. The 2016 petition request is to add 166,000 square feet to the I/C District and 32,000 square feet to the B District. All additional square footage approved in the October 2016 Ordinance amendment will be medical related uses, and will be on Tracts that are within or partially within 1/4 mile of the North Collier Hospital property. The 2020 petition (PL20190002850) request is to add 300 multi-family rental units, which were authorized through the companion 2020 small-scale plan amendment (PL20190002849). 2. The existing Industrial zoning is considered consistent with the Future Land Use Element (FLUE) as provided for by Policy 5.9 and 5.11 of the FLUE. 3. The FLUE Urban-Industrial District allows for expansion of the industrial land use provided the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned industrial the land use is compatible with adjacent land uses and the necessary infrastructure is provided or in place. Creekside Commerce Park has expanded the industrial land use accordingly. 4. The FLUE Urban-Industrial District requires the uses along the boundaries of the project to be transitional. Creekside Commerce Park has included transitional uses accordingly. 5. Creekside Commerce Park is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 6. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 7. The development of Creekside Commerce Park will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. Words through are deleted; words underlined are added. PL20190002850 CPUD Amendment ii July 21, 2021 8. Creekside Commerce Park is a master planned, deed-restricted commerce park and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC), Planned Unit Development District. 9. This master planned park will incorporate elements from the existing Industrial,Business Park and Industrial PUD sections of the LDC. Words stlf-th-refrugh are deleted; words underlined are added. PL20190002850 CPUD Amendment iii July 21, 2021 SHORT TITLE This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED UNIT DEVELOPMENT ORDINANCE". Words struck t'r o° ' are deleted; words underlined are added. PL20190002850 CPUD Amendment iv July 21, 2021 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Creekside Commerce Park, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; COMMENCING at the northwest corner of said Section 27; thence along the north line of said Section 27 South 89°45'21"East 1869.61 feet; thence leaving said line South 00°14'39" West 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence along said right of way line in the following Six (6) described courses; 1) South 89°45'21" East 485.99 feet; 2) South 00°14'39" West 10.00 feet; 3) South 89°45'21" East 150.19 feet; 4) South 89°48'33" East 716.81 feet; 5)North 05°34'33" West 10.05 feet; 6) South 89°48'33" East 486.21 feet to a point on the west right of way line of Goodlette Road as recorded in Plat Book 3, page 58, Public Records of Collier County, Florida; thence along said line South 05°33'48" East 1767.02 feet; thence leaving said line South 89°20'53"West 51.18 feet; thence North 23°55'53" West 13.07 feet; thence northwesterly, 30.71 feet along the arc of a circular curve concave to the northeast, having a radius of 80.00 feet, through a central angle of 21°59'52" and being subtended by a chord which bears North 12°55'57"West 30.53 feet; thence North 05°00'53" West 31.56 feet; thence North 36°19'20" West 32.02 feet; thence North 56°04'35" West 35.11 feet; thence North 80°39'15" West 32.53 feet; thence North 88°39'12" West 97.78 feet; thence North 86°04'40" West 45.79 feet; thence North 89°49'48" West 132.77 feet; thence North 69°40'10" West 37.23 feet; thence South 89°20'53" West 142.47 feet; thence South 84°59'26" West 24.66 feet; thence South 74°56'50" West 121.32 feet; thence South 79°49'59" West 45.93 feet; Words struck t'rou^h are deleted; words underlined are added. PL20190002850 CPUD Amendment 1-1 July 21, 2021 thence westerly and northwesterly, 45.51 feet along the arc of a circular curve concave to the northeast, having a radius of 66.00 feet, through a central angle of 39°30'16" and being subtended by a chord which bears North 80°24'53" West 44.61 feet to a point of compound reverse curvature; thence northwesterly, 52.92 feet along the arc of a circular curve concave to the southwest, having a radius of 150.00 feet, through a central angle of 20°12'57" and being subtended by a chord which bears North 70°46'13" West 52.65 feet; thence North 80°52'42" West 36.59 feet; thence westerly and southwesterly, 46.18 feet along the arc of a circular curve concave to the southeast, having a radius of 80.00 feet, through a central angle of 33°04'14" and being subtended by a chord which bears South 82°35'11" West 45.54 feet to a point of compound curvature; thence southwesterly and westerly, 38.16 feet along the arc of a circular curve concave to the northwest, having a radius of 60.00 feet, through a central angle of 36°26'19" and being subtended by a chord which bears South 84°16'14" West 37.52 feet to a point of compound reverse curvature; thence westerly and northwesterly, 68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet, through a central angle of 12°55'59" and being subtended by a chord which bears North 83°58'36" West 68.70 feet; thence South 89°33'25" West 18.36 feet; thence South 89°39'19" West 71.63 feet; thence North 89°34'56" West 36.03 feet; thence South 86°06'41" West 42.94 feet; thence South 83°44'16" West 26.23 feet; thence South 51°01'13" West 27.49 feet; thence South 33°25'50" West 19.95 feet; thence South 15°40'05" West 20.54 feet; thence South 10°54'39" West 34.64 feet; thence South 89°20'14" West 101.06 feet; thence North 10°46'06" East 101.42 feet; thence North 89°20'53" East 65.45 feet; thence North 00°39'07" West 100.64 feet; thence South 89°20'53" West 503.78 feet; thence North 00°39'07" West 27.71 feet; thence North 72°58'55" West 131.30 feet; thence North 02°08'56" West 1473.29 feet to a point on the south right of way line of said Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°49'40" East. All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida Words slf-thi-eugh are deleted; words underlined are added. PL20190002850 CPUD Amendment 1-2 July 21, 2021 being more particularly described as follows; Commencing at the northeast corner of said Section 27; thence along the east line of said Section 27, South 01°09'43"East 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence continue along said east line South 01°09'43" East 1189.62 feet; thence leaving said line South 89°48'50"West 677.35 feet; thence South 05°35'39" East 886.02 feet; thence South 89°48'50" West 400.00 feet to a point on the easterly right of way line of Goodlette Frank Road as Recorded in Plat Book 13,page 58, Public records of Collier County, Florida; thence along said line North 05°35'39"West 2088.10 feet to a point of the south right of way line of said Immokalee Road (S.R. 846); thence along said line South 89°49'40" East 1168.55 feet; thence continue along said line South 89°12'58" East 1.85 feet to the POINT OF BEGINNING of the parcel herein described; Containing 38.9 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°46'26" East. LESS A PORTION OF TRACTS "R" AND "L1" CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT "R" (CREEKSIDE WAY) CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89°45'00" EAST, ALONG THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00°25'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60°02'56" EAST FOR A DISTANCE OF 117.20 FEET;THENCE RUN SOUTH 82°32'14" EAST FOR A DISTANCE OF 119.17 FEET TO A POINT ON THE EAST LINE OF TRACT "L1" OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE; THENCE RUN SOUTH 00°07'39" EAST,ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 89°58'O1" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 02°19'57" WEST,ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32 ACRES,MORE OR LESS. Words struek—through are deleted; words underlined are added. PL20190002850 CPUD Amendment 1-3 July 21, 2021 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Barron Collier Partnership,or its assigns,whose address is 2640 Golden Gate Parkway,Naples,FL 34105. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by Agriculturally zoned and developed property; on the north, across Immokalee Road by office and medical (North Collier Hospital) PUD zoned and developed property; on the east by Medical Office Park currently under development, County Park and County Wastewater Treatment Facility; and on the south by PUD and County Wastewater Treatment Facility. The location of the site is shown on Exhibit A Aerial Photograph, Location Map. B. The zoning classification of the subject property at the time of PUD application is I (Industrial) and A (Agricultural). C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park property is located within Zones "AE-11" of the FEMA flood insurance rate. D. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand, Basinger fine sand, Riveria fine sand, Ft. Drum and Malabar fine sand, and Satellite fine sand. E. Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods. An isolated wetland system is located along the south side of Immokalee Road west of Goodlette-Frank Road. This wetland consists primarily of Brazilian pepper that surrounds a small willow area. The wetland on the east side of Goodlette-Frank Road consists primarily of cabbage palms. A portion of the historic water course within this wetland has been channelized. Brazilian pepper has infested the northern part of this wetland. F. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub-basins, as depicted within the Collier County Drainage Atlas (July, 1995). 1.5 DEVELOPMENT OF REGIONAL IMPACT Creekside Commerce Park does not meet the minimum thresholds for a Development of Regional Impact (DRI), pursuant to Chapter 380.06, Florida Statutes, 2016, in that it is at or below 80% of all numerical thresholds in the guidelines and standards set forth therein. Words struck through are deleted; words underlined are added. PL20190002850 CPUD Amendment 1-4 July 21, 2021 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Creekside Commerce Park (park), and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES A. Creekside Commerce Park will consist of predominately industrial, warehouse, wholesale, financial institutions, business and office uses, with limited amounts of residential and retail uses. Creekside Commerce Park shall establish project-wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. B. A Land Use Summary indicating approximate land use acreages is shown on the Master plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code (LDC). 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Creekside Commerce Park shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply to which said regulations relate. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. D. All conditions imposed herein or as represented on the Creekside Commerce Park Master Plan are part of the regulations which govern the manner in which the land may be developed. Words strucks-truelf-threugh are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-1 July 21, 2021 E. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Creekside Commerce Park, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. F. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. The Developer may elect to establish a Community Development District (CDD) pursuant to Chapter 190, Florida Statutes, 1997, to provide and maintain infrastructure and community facilities needed to serve the park. A CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Creekside Commerce Park. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041,Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval, preliminary site development plan approval and final site development plan approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of final subdivision plat approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County Code regulating subdivisions, unless otherwise approved during subdivision approval. The Words 1��th-f.,eugh are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-2 July 21, 2021 Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. 2.6 LAKE SITING A. As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal of this Master Plan is to achieve an overall aesthetic character for the park,to permit optimum use of the land, and to increase the efficiency of the water management network. Fill material from lakes is planned to be utilized within the park; however, excess fill material may be utilized off-site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off-site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. 1. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval: a) Twenty feet (20') from right-of-way of internal roads. The roads will be designed to (AASHTO)road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and need for barriers. b) Forty feet (40') from Immokalee Road or Goodlette-Frank Road rights-of-way. Perimeter property lines will have a setback of twenty feet (20'). The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections and need for barriers. 2.7 FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Creekside Commerce Park PUD. Fill material generated from properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the Developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6. of the LDC. The following standards shall apply: 1. Stockpile maximum height: Thirty-five feet (35') 2. Fill storage areas in excess of five feet(5') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). Words k-through are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-3 July 21, 2021 a) Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.8 USE OF RIGHTS-OF-WAY Utilization of lands within all park rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Community Development and Environmental Services Administrator for engineering and safety considerations during the development review process. 2.9 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout Creekside Commerce Park. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4., Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use permit shall be valid through the life of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 1 OD-6 and may use potable water or irrigation wells. 2.10 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN A. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. B. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Creekside Commerce Park Master Plan upon written request of the Developer or his assignee. C. The following limitations shall apply to such requests: 1) The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Creekside Commerce Park PUD document. 2) The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3) The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses, Words struck through are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-4 July 21, 2021 water management facilities, and conservation areas within or external to the PUD. D. The following shall be deemed minor changes or refinements: 1) Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2) Internal realignment of rights-of-ways. 3) Reconfiguration of parcels per Section 5.5 of this PUD. E. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. F. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the park may be accomplished in phases to correspond with the planned development of the property. 2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will fully comply with all sections of the LDC and meet the requirements of the Growth Management Plan relating to open space and retention of native vegetation. 2.13 SURFACE WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District(SFWMD), Chapters 40E-4 and 4-E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. The lake originally approved as Lake L-1, Creekside Unit I Plat, shall continue to be operated and maintained in accordance with the approved plat and approved South Florida Water Management District Permit. Words s tek-through are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-5 July 21, 2021 2.14 ENVIRONMENTAL Vegetation shall be retained in accordance with the criteria established in the Conservation and Coastal Management Element of the GMP and Section 3.05.00 of the LDC. 2.15 UTILITIES A. All necessary easements,dedications,or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. B. The owner shall convey to Collier County a County Utility Easement (CUE) no less than 15 feet in width for construction of an irrigation quality(IQ)main through the PUD west of Goodlette-Frank from the North County Water Reclamation Facility to the existing IQ main on Immokalee Road. The requested CUE shall be provided in a mutually agreeable location, deemed acceptable by both the Owner and the Public Utilities Planning and Project Management Division, prior to approval of the next development order west of Goodlette-Frank Road. The CUE shall be conveyed to Collier County and the Collier County Water Sewer District at no cost to County, free and clear of all liens and encumbrances. 2.16 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective/associated entrance. B. There shall be a full access intersection at the park's southern entrance on Goodlette Frank Road. When justified by traffic warrants,this intersection shall be signalized, notwithstanding its proximity to Immokalee Road. C. Future access points to Immokalee and Goodlette-Frank Roads are those shown on the Creekside Commerce Park Master Plan. D. Arterial level street lighting shall be provided by the Developer at the park's main entrance in conjunction with the development of this entrance. E. Road impact fees shall be paid in accordance with the provisions of Ordinance 92- 22, as amended. F. The Developer shall provide the appropriate easements or reserve right of way so that the southerly access road west of Goodlette Frank Road may be interconnected to the properties to the west of Creekside Commerce Park. Words struck through are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-6 July 21, 2021 G. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. H. The Developer agrees to complete construction of the segment of internal roadway that connects Goodlette-Frank Road to the I/C parcel (herein called "southern parcel")that is west of Goodlette Road and abuts Pelican Marsh prior to the first of the following to occur: 1) The issuance of a certificate of occupancy for the "southern parcel"; 2) The issuance of a certificate of occupancy on the second business parcel to be developed west of the Pine Ridge Drainage Easement; 3) Within 3 years of approval of this PUD; or 4) Within 9 months of obtaining"grant"money or other funds for construction of such infrastructure from an outside source. I. The I/C parcels west of the Pine Ridge Drainage Easement and immediately north of the south road shall connect for service and employee access at the time that the south road is extended to a point that they may connect. J. The Developer agrees to provide the County with an update of the Transportation Impact Statement (TIS) at the time of submittal of a Preliminary Subdivision Plat or Site Development Plan. K. The Goodlette-Frank Road southernmost access to the I/C parcel east of Goodlette- Frank Road shall be limited to a right-in/right-out access. L. The maximum trip generation allowed by the proposed uses both primary and ancillary may not exceed 2,045 (external to the PUD,per TIS dated 09/16/2016 and 07-07-2017 as amended) PM Peak Hour, two-way trips. M. The owner, its successors, or assigns, shall construct a 5-foot wide sidewalk within the Florida Power&Light (FPL)easement, subject to approval by FPL on the west side of Creekside Street and the south side of Creekside Parkway along/within folio # 29331193049 to connect to the existing sidewalk along Creekside Parkway. The construction plans for the sidewalk and the letter request to FPL shall be completed and mailed prior to the issuance of a Certificate of Occupancy for the proposed Arthrex Headquarters building redevelopment on Tract 5 of the Master Plan. The construction of the sidewalk shall be completed no later than one year following FPL's approval. N. Due to the removal of a portion of the Creekside Boulevard minor collector roadway and re-routing of traffic, the owner, its successors, or assigns, shall design Words struck t'r ugh are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-7 July 21, 2021 and construct the re-routed roadway to adequately accommodate AASHTO Interstate Semitrailer (WB-62) standards and provide access to existing postal service truck traffic prior to the removal of a portion of Creekside Boulevard. The design and construction shall be at no cost to Collier County. Any additional right- of-way easements required by County for a public road pursuant to County standards shall be dedicated to the County, free and clear of all liens and encumbrances without County maintenance responsibility. Such dedication shall occur prior to the issuance of the Certification of Occupancy for the proposed Arthrex Headquarters building redevelopment on Tract 5 of the Master Plan and prior to the removal of a portion of Creekside Boulevard. The owner, its successor, or assigns, shall also accept ownership of the entire length of Creekside Boulevard with all maintenance responsibilities. 2.17 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the CDD or by a Property Owner's Association (POA). The CDD or the POA, as applicable, shall be responsible for the operation,maintenance,and management of the surface water and stormwater management systems and reserves serving Creekside Commerce Park,in accordance with any applicable permits from the South Florida Water Management District. 2.18 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. B. Creekside Commerce Park is planned as a functionally interrelated business park under unified control. The Developer will establish community-wide guidelines and standards to ensure a high level of quality for both the common areas and the individual parcel developments. C. These guidelines will serve as a control for individual parcel development, and be referred to as The Declaration of Covenants, Conditions and Restrictions for Creekside Commerce Park. The level of quality defined in this document is directed towards the creation of an attractive business environment, and these standards are the basis for evaluation of projects submitted for review to the Property Association's Architectural and Landscaping Committee, referred to as the ALC. The standards in this document will include criteria for site planning, architectural design, lighting, landscaping, and graphics and signage. D. The specific design guidelines will act as supplemental standards to the requirements of this Planned Unit Development Ordinance, and other County codes, but in no way supersede them. Words ale-through are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-8 July 21, 2021 1. Common Areas The master design of the park's entries and signage, streetscapes, and open space areas will form a harmonious framework that visually links the entire park together. This unified appearance will enhance the image of the entire community. Internal roadways will provide efficient vehicular circulation with streetscapes that create pleasant neighborhood environments. Streetscape plans will be designed to establish a hierarchy of landscape improvements appropriate in scale and character with the function of the street and adjacent land uses. Along these streetscapes a pedestrian walkway system will be established to link each project with the overall community. 2. Individual Projects A. Site Planning: Each individual parcel project will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the street to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and be sensitive to adjacent land uses and the surrounding community. B. Architectural standards: The objective of the architectural standards will be to promote the creation of an attractive, value-apparent business environment. Design elements throughout a project must be consistent with the nature of the chosen style and building materials selected. Project design should endeavor to adhere to the classical principles of design and avoid clichés, overly complex or garish motifs, while seeking to invoke a"timeless" quality. C. Lighting: The guidelines for lighting will establish a continuity of design for all lighting in the park which is consistent with the overall visual impression of the park. D. Landscaping: The purpose of landscape design guidelines within individual projects is to guide development toward harmonious and visually pleasing landscape that is cohesive with the overall master landscape plan. The Creekside landscape concept will have a naturalistic theme. Similar to the overall project's plant palette, individual sites will be dominated with plants that are native, xeric, or naturalized within Southwest Florida. Landscape designs will create a coherent theme which emphasizes plant material as a primary unifying element. 1. Landscape elements along public R.O.W.s will be complimentary to streetscape landscaping. Parcel entries will be Words 1k-through are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-9 July 21, 2021 designed to harmonize with adjacent streetscape landscaping, and clearly accentuate, the parcel entry. 2. Individual parking lots will be screened from the roadways as much as possible, without obscuring views of the building entrances. In addition, plant materials used around main entrances of buildings will visually cue visitors to their location. E. Graphics/signage: The guidelines serve to provide continuity of design for all signage in the park which is consistent with the overall visual impression of the park. Parcel signage serves the identification needs of the individual tenants and user. 2.19 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Creekside Commerce Park. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the park. The following standards shall apply: A. Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the time of subdivision improvement per construction phase and will have the following characteristics: 1) Minimum width of 20'-0", measured from the R.O.W. 2) Adjacent to Business District type uses within the Business District, trees will be native, xeric, or naturalized canopy trees, spaced at 25' on center (O.C.), planted at an initial height of 13'-14' overall (O.A.) with a 6' spread. In addition, a continuous 24" high shrub hedge shall be provided within the 20' buffer. B. Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed at the time of subdivision improvement per development phase and will have the following characteristics: 1) Minimum width of 20'-0", measured from the R.O.W. 2) Adjacent to Business District type uses, including residential, within the Business and Industrial/Commerce (I/C)Districts, trees will be native, xeric, or naturalized canopy trees, spaced at 25' O.C., planted at an initial height of 12' O.A.,with a 6' spread. At the time of individual lot improvements,hedges will be placed at parking lot edges to satisfy the requirements of LDC Section 2.4.7.4. Words sf-tip are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-10 July 21, 2021 3) Adjacent to industrial type uses within the Industrial/Commerce District, trees will be native, xeric or naturalized canopy trees, spaced at 25' O.C., planted at an initial height of 12' O.A, with a 6' spread. Trees will be placed on a berm, 3 feet high and supplemented with a 5 foot high hedge consisting of but not limited to the following plant material: coco plum, viburnam, ficus. The intent will be to obtain 80% opacity within one year of planting for travelers on Goodlette-Frank Road. C. Landscape buffers surrounding the perimeter of the park will be installed at the time of subdivision improvement per construction phase. The buffers are referenced on Exhibit B, and proceed in a clockwise direction from the northeast corner of the project as follows: 1) The landscape buffer along the eastern most property boundary, north of the preserve area, as depicted on Exhibit B, shall consist of an Alternative"A"type buffer. Any preservation areas within this buffer may be credited toward buffering requirements. 2) The preserve area along the balance of the eastern most property boundary will serve as the buffer between uses. 3) The Developer will provide a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center between the business use and the preserve/lake area, as depicted on Exhibit B. 4) The Developer will provide a five feet(5')wide Alternative"A"type landscape buffer with trees planted fifty feet (50') on center along the eastern property boundary contiguous to the Collier County Sewage Treatment Plant. 5) The landscape buffer along the southern most property boundary, east of Goodlette-Frank Road, shall be a five feet(5')wide Alternative"A"type buffer with trees planted fifty feet (50') on center. An opaque hedge six feet (6')high will be planted to supplement the existing oak tree buffer planted by the County at the Collier County Sewage Treatment Plant. 6) The existing landscape berm/buffer from Goodlette Frank Road to the west side of the Pine Ridge Drainage Easement will be supplemented as follows: a type "A" buffer along the proposed lake; and the remaining area westward of the lake will be supplemented to consist of 50 sabal palms, 8'-14' O.A. and 4 Ficus nitida 12'-13' O.A. and 6'-8' wide; locations to be coordinated with the adjacent property owner. 7) The Developer will provide a ninety percent (90%) opaque landscape buffer and berm between the I/C District and the Pelican Marsh PUD from the west side of the Pine Ridge Drainage Easement to the existing berm to the west,that approximates the existing Pelican Marsh berm/buffer. This buffer will be Words k through are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-11 July 21, 2021 installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. The buffer shall meet ninety percent (90%) opacity within one (1) year of planting. 8) The Developer will supplement with additional trees the buffer along the remaining portion of the southern property line westward to achieve a ninety percent (90%) opaque buffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. 9) The landscape buffer between the I/C District and the adjacent Agricultural District along the southern portion of the western property line will be an Alternative "A" type buffer. 10)The landscape buffer between the R.O.W. and the adjacent Agricultural District to the west will be an Alternative "A" type buffer and be incorporated into the R.O.W. D. Maximum fence or wall height internal to the PUD: Twelve feet (12'). E. Landscape buffers, berms, fences and walls will be constructed along the perimeter of the Creekside Commerce Park PUD boundary concurrent with subdivision and site development construction phase, except where noted in this document. F. Sidewalks, water management systems, drainage structures, and utilities may be allowed in landscape buffers pursuant to review and approval of the Development Services Administrator. G. Landscape berms located within the Creekside Commerce Park PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or encroaches into the right-of- way line when approved by the applicable owner or agency. 2.20 SIGNAGE A. GENERAL 1) Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide for the required comprehensive sign plan for the Creekside Commerce Park 2) Each platted parcel shall be considered a separate parcel of land. 3) Signs and decorative landscaped entrance features within a County dedicated right-of-way, shall require a right-of way permit subject to the review and approval of the County. 4) All signs shall be located so as not to cause sight line obstructions. Words struck through are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-12 July 21, 2021 B. PARK ENTRY SIGNS 1) Major park entry signs shall be located as depicted on Exhibit B. Each sign will not exceed 160 square feet in size on any side and signs will be no longer than 25 feet in length and 8 feet in height. 2) Minor park entry signs shall be located as depicted Exhibit B. Each minor monument sign will not exceed 100 square feet in size on any side. Minor monument signs will be no larger than 20 feet in length and 8 feet in height. C. INTERNAL SIGNS 1) Directional or identification signs are allowed within the business park. Such signs may be used to identify the location or direction of approved uses such as sales centers, information centers, etc. Individual signs may be a maximum of 4 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 25 square feet per side, and a maximum height of 8 feet. No building permit is required unless such signs are combined to form a menu board. 2) Grand Opening signs: The Developer or parcel owner may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. Banner signs shall be anchored and may be displayed on- site for a period not exceeding 14 days within the first three months that the Developer/occupant is open for business. D. USER SIGNS 1) Wall, mansard, canopy or awning signs: One wall,mansard, canopy or awning sign may be permitted for each single-occupancy facility, or for each establishment in a multiple-occupancy facility. Corner units within multiple- occupancy facilities, or multi-frontage single-occupancy facilities shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this ordinance. a. The maximum allowable display area for signs may not be more than 15 percent of the total square footage of the visual facade of the building to which the sign will be attached and may not, in any case, exceed 200 square feet in area for any sign. 2) Monument and Pole signs: One (1) monument or pole sign is permitted for each lot or parcel for each external and internal road frontage(s). Words k th-rough are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-13 July 21, 2021 a. Internal road frontage setbacks: A minimum of fifteen feet (15') from the edge of pavement. Signs may encroach within the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. b. External road frontage setbacks: Pole signs shall be setback from any external right-of-way in accordance with the applicable section of the LDC. Monument signs may be permitted closer to the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. c. Spot or floodlights may be permitted provided said light shines only on the signs or landscaping and is shielded from motorists and adjacent residents. d. Should the U.S. Postal Service purchase or lease land within Creekside Commerce Park, in addition to the user signs as permitted herein, they will be allowed one sign between Immokalee Road and the proposed lake adjacent to the west entry. E. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be designed to reflect a common architectural theme, in accordance with Section 3.2.8.3.19. of the LDC. 2.21 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Creekside Commerce Park PUD except in the Preserve Area. General permitted uses are those uses which generally serve the Developer and tenants of Creekside Commerce Park and are typically part of the common infrastructure. B. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. Words struck through are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-14 July 21, 2021 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 8. Fill storage subject to the standards set forth in Section 2.7 of this PUD. Site filling and grading as set forth in Section 2.7 of this PUD. 9. Outdoor recreation facilities, including but not limited to playfields and fitness trails on areas not designated IC or B on the PUD Master Plan. Stadiums shall be prohibited. 10. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. 11. Sidewalks may occur within County required buffers if approved by the Community Development and Environmental Services Administrator. 12. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. 2.22 MISCELLANEOUS A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B. All other applicable state or federal permits must be obtained before commencement of the development. Words struck through are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-15 July 21, 2021 SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "I/C". 3.2 GENERAL DESCRIPTION Areas designated as "I/C" on the PUD Master Plan are intended to provide a maximum of 709,100 square feet of Floor Area of industrial/commerce uses on 49.90 d 3± net acres. Intermediate care (SIC Code 8052), parking garages, and group housing and hotel/motel uses (SIC Code 7011) are in addition to the IC gross square footage figures. Wellness Centers limited to employees and hotel guests within the PUD shall not exceed a maximum of 40,000 s.f., and shall not be counted towards overall square footage. There shall be no offsite memberships. The above referenced wellness center shall be located west of Goodlette-Frank Road. Notwithstanding the foregoing, the United States Postal Service parcel may use any available square footage in the I/C District(excluding the 166,000 square feet added by the October 2016 amendment) and the Business District up to a FAR of .35 on the United States Postal Service Parcel until all available square footages are used up in the PUD. 3.3 PERMITTED USES AND STRUCTURES 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. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. 1. Aircraft Parts and Auxiliary Equipment (Group 3728) 2. Apparel and Other Finished Products (Groups 2311-2399) 3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. Words struck through are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-1 July 21, 2021 4. Business Services(Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies)model registries; labor pools;manpower pools;modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services (Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting, television broadcasting, radar or telephone service) 7. Computer and Office Equipment (Groups 3571-3579) 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors; gasoline pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non-Depository Institutions (Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk,uncompounded;barbituric acid and derivatives: bulk,uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides,U.S.P; mercury compounds,medicinal: organic and inorganic; morphine and derivatives; opium derivatives) 11. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) Words k through are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-2 July 21, 2021 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnace transformers;lighting transformers,street and airport;transformers,reactor; atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories; veterinary testing laboratories) 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452, 3469, 3492, 3495, 3496, production of metal is prohibited) 15. Furniture and Fixtures Manufacturing (Groups 2511-2599) 16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224- 9229, 9311, 9451, 9511-9532, 9611, 9631-9661) 17. Hotels / Motels (Group 7011), not to exceed a maximum of 349 rooms for the entire PUD. Only 2 Hotels/Motels are permitted within the PUD. Only one hotel/motel may be located east of Goodlette-Frank Road, and shall not exceed 180 rooms, and only one hotel/motel may be located west of Goodlette Frank Road. The hotel/motel west of Goodlette Frank Road shall be located on Tract 6, not to exceed 169 rooms, is subject to specific development standards and setbacks in Section 3.4. 18. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers'; ammunition and explosives loading machinery; brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive(garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines; metal pickling equipment, except rolling mill lines) 19. Leather and Leather Products (Groups 3131-3199) Words k through are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-3 July 21, 2021 20. Measuring,Analyzing,and Controlling Instruments;Photographic,Medical and Optical Goods: Watches and Clocks Manufacturing (Groups 3812- 3843, 3845-3873) 21. Membership Organizations (Groups 8611-8631) 22. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs: bleaching, blending, cuffing, scraping, and tanning; feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curing, tanning, bleaching and dyeing; plumes, feather; tear gas devices and equipment; veils made of hair) 23. Motion Picture Production (Groups 7812-7819) 24. Motor Freight Transportation (Groups 4214, 4215) 25. Packing and Crating (Group 4783) 26. Paper and Allied Products (Groups 2652-2657, 2673-2679) 27. Personal Services (Groups 7213, 7216, 7219, 7221) 28. Physical Fitness Facilities (Group 7991) 29. Plastic Materials and Synthetics (Groups 2833,2834) 30. Printing, Publishing and Allied Industries (Groups 2711-2791) 31. Professional Offices: including but not limited to, Travel Agencies (Group 4724); Insurance Agencies(Group 6411);Insurance Carriers(Groups 6311- 6399); Real Estate (Groups 6512, 6514, 6517, 6519, 6531, 6541, 6552,) 32. Rubber and Miscellaneous Plastic Products (Groups 3021, 3085, 3086, 3088, 3089) 33. Transportation Equipment (Group 3732, except for boats, fiberglass: building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard: building and repairing) 34. United States Postal Service (Group 4311) 35. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage,petroleum and chemical bulk stations and automobile dead storage) only one (1) self-storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 36. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale; lumber: rough, dressed, and finished-wholesale; batteries, except Words strue1f-through are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-4 July 21, 2021 automotive-wholesale; storage batteries, industrial-wholesale; unit substations-wholesale; boilers, power: industrial-wholesale; boilers, steam and hot water heating-wholesale; burners, fuel oil and distillate oil- wholesale; oil burners-wholesale) 37. Wholesale Trade-Nondurable Goods (Groups 5111-5143, 5145, 5147- 5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs- wholesale; fish, tropical-wholesale; furs, dressed-wholesale; greases, animal and vegetable-wholesale; ice, manufactured or natural-wholesale, leather and cut stock-wholesale; linseed oil-wholesale; oils,except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude-wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs-wholesale; worms-wholesale) 38. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within a 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to Assisted living facilities, independent living units, skilled nursing units and continuing care retirement communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2, 4.3.B.1 and 4.3.B.3. These uses are limited to parcels located east of Goodlette-Frank Road. 2. Health Services, medical clinics and offices (Groups 8011-8049, 8052), a maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2, 4.3.B.1 and 4.3.B.3. SIC Code 8052 land uses are limited to parcels located east of Goodlette-Frank Road. 3. Medical Laboratories and research and Rehabilitative Centers (Groups 8071-8092, 8099) 4. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. Words struck gh are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-5 July 21, 2021 C. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to uses permitted in this district, including indoor and outdoor recreational facilities, including but not limited to physical fitness facilities, playfields and fitness trails. Stadiums shall be prohibited. 2. Retail and wholesale sales and/or display areas as accessory to the principal use,not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. D. Operational Requirements for Group Housing Group housing uses described in Section 3.2.B.1 shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. Words struck through are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-6 July 21, 2021 B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty feet (50'). For parcels located east of Goodlette-Frank Road, see additional setback requirements in Section 3.4.C.7.a. 2. Front Yard, Internal: Thirty feet (30') 3. Side Yard: Ten feet (10') Five feet (5') to internal property line along Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise twenty feet (20') 5. Rear Yard: Twenty-five feet (25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet (50') 7. Minimum Building Setback from Existing Goodlette-Frank Road Right-of- Way East of Goodlette-Frank Road: a) Goodlette-Frank Road: Minimum of fifty feet (50'), except as provided as follows: i) For group housing for elderly and intermediate care use: (a) If the zoned height of any structure exceeds 50 feet, the minimum setback is 75 feet plus for any portion of a building exceeding fifty feet in zoned height an increased setback at a 1:2 ratio (i.e., for one vertical foot of height, setback is increased by two horizontal feet) for that portion of the building over 50 feet of height. ii) For hotel/motel use: (a) Minimum setback of 75 feet regardless of height plus for any portion of a building exceeding fifty feet in zoned height an increased setback at a 1:2 ratio (i.e., for one vertical foot of height, setback is increased Words lf- gh are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-7 July 21, 2021 by two horizontal feet) for that portion of the building over 50 feet of height. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road: fifty feet (50'), including silos, storage tanks, elevator towers, satellite dishes, antennas, etc. Facilities located on Tract 5 on the Master Plan shall have a maximum zoned height of one-hundred four (104') feet and a maximum actual height of one-hundred twenty two(122')feet, For parcels east of Goodlette-Frank Road: the Hotel,group housing for the elderly, and the intermediate care facility shall have a zoned height seventy-five feet (75'), actual height eight-five feet (85'). All other uses permitted east of Goodlette-Frank Road pursuant to Section III shall have a zoned height of fifty feet (50') and an actual height of sixty feet (60'). E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. F. All I/C buildings shall meet the requirements of Section 5.05.08 of the LDC, except for buildings located on Tract 5, and 6 on the Master Plan, which shall be subject to the deviation process in Section 5.05.08 of the LDC (see Section 3.5.2, Development Deviations, of this PUD Ordinance). The building located on Tract 5 shall be similar in architectural style to the conceptual building rendering in Exhibit C. G. Business District type uses located within the I/C District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof, alternatively, said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: 1. Section 2.8.3.5.1., Purpose and Intent 2. Section 2.8.3.5.4., Facade Standard 3. Section 2.8.3.5.6., Project Standards Words struck t'rou^h are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-8 July 21, 2021 4. Section 2.8.3.5.7., Detail Features except for 2.8.3.5.7.2. 5. Section 2.8.3.5.12. I. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north, east or west. J. Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel boundaries. Best practical treatment, maintenance, and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property. Light fixtures within parking areas shall not exceed 25 feet in height. M. Emissions: All sources of air emissions shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40) and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental Regulation. 3.5 DEVELOPMENT DEVIATIONS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group housing uses, including the intermediate care facilities. 2. Deviation from LDC Section 5.05.08, Deviations and alternate compliance, which authorizes the County Manager or designee to administratively approve deviations from compliance with Section 5.05.08 of the LDC for specific types of buildings, to allow general office and medical office, hotel and physical fitness facilities that can be constructed on Tract 5 and 6 of the Master Plan to be eligible for this deviation process. 3. Deviation from LDC Section 4.06.02.C.4., Type D Buffer, which requires a 10' wide Type D buffer adjacent to rights of way, with trees spaced no more than 30' on center,to permit the existing street trees planted along the west side of Creekside Street to satisfy the minimum Type D buffer tree requirement of the eastern boundary of Tract 5. Words struck through are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-9 July 21, 2021 3.6 LANDSCAPE BUFFER RESTRICTIONS The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.B.2. (and B.3) are prohibited Words struck through are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-10 July 21, 2021 SECTION IV BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "B". 4.2 GENERAL DESCRIPTION Areas designated as "B" on the PUD Master Plan are intended to provide a maximum of 269,000 square feet of Floor Area, including approximately 219,000 square feet of office uses -50,000 square feet of retail uses, and up to 300 multi-family rental apartments (within the 9.9+acre Creekside Commerce Park East Mixed Use Subdistrict of the Growth Management Plan, shown on the Master Plan) on 22.9023.37± net acres. Intermediate care facilities (SIC Code 8052), parking garages, and group housing and hotel/motel uses (SIC Code 7011) are in addition to the B District gross square footage figures. Wellness Centers limited to employees and hotel guests within the PUD shall not exceed a maximum of 40,000 s.f., and shall not be counted towards overall square footage. There shall be no offsite memberships. The above referenced wellness center shall be located west of Goodlette-Frank Road. 4.3 PERMITTED USES AND STRUCTURES 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. Permitted Principal Uses and Structures: 1. Apparel and Accessory Stores (Groups 5611-5699) 2. Breweries (Group 2082) 3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. 4. Business Services(Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies)model registries; labor pools;manpower pools;modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; Words are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-1 September 16, 2021 bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services (Group 8351) 6. Convenience Store, food market(Group 5411) only two (2) allowed within the PUD and Gasoline Filling Station (Group 5541) only one (1) allowed within the PUD. 7. Communications (Groups 4812-4899),not including major communication towers related to cellular phone service, radio broadcasting, television broadcasting, radar or telephone service. 8. Dance and Martial Arts Studios (Groups 7911 and 7999, including only gymnastics and martial arts instruction) 9. Depository and Non-Depository Institutions (Groups 6011-6163) including automatic teller machines 10. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk,uncompounded;barbituric acid and derivatives:bulk,uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded;mercury chlorides,U.S.P;mercury compounds,medicinal: organic and inorganic; morphine and derivatives; opium derivatives) 11. Dwelling Units, Multi-Family (within the 9.9± acre Creekside Commerce Park East Mixed Use Subdistrict of the Growth Management Plan, shown on the Master Plan) 12. Eating Places(Group 5812)not including stand alone drive-thru restaurants. 4-2713. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) -1-3-14. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories; veterinary testing laboratories) Words k through are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-2 September 16, 2021 4-415. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224- 9229, 9311, 9451, 9511-9532, 9611, 9631-9661) 4-5-16. Hardware Stores (Group 5251) 4-6:17. Home Furniture, Furnishings and Equipment Stores (Groups 5712-5736) 4-7718. Hotels / Motels (Group 7011); not to exceed a maximum of 349 rooms for the entire PUD. Only 2 hotels/motels are permitted within the PUD. Only one hotel/motel may be located east of Goodlette-Frank Road, and shall not exceed 180 rooms, and only one hotel/motel may be located west of Goodlette Frank Road. The hotel/motel west of Goodlette Frank Road shall be located on Tract 6, not to exceed 169 rooms, is subject to specific development standards and setbacks in Section 4.4. 4-8,19. Miscellaneous Food Stores (Group 5499) 4-9-20. Miscellaneous General Merchandise Stores (Group 5399) 20.21. Miscellaneous Retail (Groups 5912-5949 and 5992-5999, excluding used merchandise stores, fireworks, gravestones, tombstones and monuments, ice dealers, sales barns, and swimming pools; retail) 2-1722. Paint/Glass and Wallpaper (Group 5231) 22.23. Personal Services (Groups 7215, excluding self-service or coin laundries, 7221-7251, 7291 and 7299, including only clothing rental, costume rental, tanning salons and hair services) 23.24. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-6399);Real Estate(Groups 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices (Groups 6712-6799); Attorneys (Group 8111) 24.25. Physical Fitness Facilities (Group 7991) 25.26. Retail Bakeries (Group 5461) 26.27. Security and Commodity Brokers (Groups 6211-6289) 27.28. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses Words struck through are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-3 September 16, 2021 The following medical related uses must be located within 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to assisted living facilities, independent living units, skilled nursing units and continuing care retirement communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2, 4.3.B.1 and 4.3.B.3. These uses are limited to parcels located east of Goodlette-Frank Road. 2. Drug Stores and Proprietary Stores (Group 5912) only one (1) drug store allowed. 3. Health Services, Medical Clinics and Offices (Groups 8011-8049, 8052), a maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2,4.3.B.1 and 4.3.B.3. SIC Code 8052 land uses are limited to parcels located east of Goodlette-Frank Road. 4. Medical Laboratories and research and Rehabilitative Centers (Groups 8071-8099) 5. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district, including indoor and outdoor recreational facilities, including but not limited to physical fitness facilities, playfields and fitness trails on areas not designated IC or B on the PUD Master Plan. Stadiums shall be prohibited. 2. Retail and wholesale sales and/or display areas as accessory to the principal use,not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. 3. Parking structure supporting dwelling units may be constructed on Tract 9. D. Operational Requirements for Group Housing Group housing uses described in Section 4.2.B.1 shall provide the following services and/or be subject to the following operational standards: Words struck through are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-4 September 16, 2021 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 4.4 DEVELOPMENT STANDARDS 1. Non-Residential A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, Immokalee and Goodlette-Frank Roads: Fifty feet (50') 2. Front Yard, Internal Roads: Thirty feet (30'), except for parking structures located on Tract 9, which shall be allowed to have a fifteen foot (15') setback. 3. Side Yard: Ten feet (10') Five feet (5') to internal property line along the Pine Ridge canal drainage easement and FP&L easement Words struck through are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-5 September 16, 2021 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise twenty feet (20') 5. Rear Yard: Twenty-five feet (25') 6. Minimum Building Setback from Perimeter Boundary of PUD for Properties West of Goodlette-Frank Road: a) Fifty feet (50') for buildings up to thirty five feet (35') in height. b) Three additional feet (3') for every one foot of building height over thirty five feet (35') adjoining residential districts. 7. For Properties East of Goodlette-Frank Road: Minimum Building Setback from Perimeter Boundary of PUD and from Public Roadways: a) Immokalee Road: Minimum of fifty feet (50') plus for any portion of a building exceeding a zoned height of fifty feet(50'),that portion of the building shall have its building setback increased at a 1:3 ratio (i.e. one (1') vertical foot of height for every three (3') horizontal feet); or For any portion of a hotel that may be constructed on the B designated tract at the southeast corner of Goodlette-Frank Road and Immokalee Road, a minimum three hundred fifty foot (350') building setback from Immokalee Road. b) Goodlette-Frank Road: Minimum of fifty feet (50') and for any portion of a building exceeding a zoned height of fifty feet (50'), that portion of the building shall have the setback increased at a 1:2 ratio(i.e. one(1')vertical foot of height for every two(2')horizontal feet); or For any portion of a hotel on the B designated tract on the southeast corner of Immokalee Road and Goodlette-Frank Road, the minimum setback from Goodlette-Frank Road shall be seventy-five (75') regardless of height. D. Maximum Height(Zoned): For parcels west of Goodlette-Frank Road, three stories over parking to a maximum of fifty feet (50') except that no structure shall be greater than thirty-five feet (35'), on property west of the Pine Ridge Drainage Easement. For Properties East of Goodlette-Frank Road: Words Eck through are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-6 September 16, 2021 a) The group housing for the elderly and intermediate care facilities constructed on the B designated tract located at the southeast quadrant of the Goodlette-Frank Road and Immokalee Road intersection shall have a zoned height of sixty feet (60') and an actual height of seventy feet (70'), except that a hotel building or structure associated with this use may not exceed a zoned height of seventy five feet (75') and an actual height of eighty five (85'). All other uses on Tract 9 on the Master Plan shall be permitted to have a zoned height of seventy five feet (75') and an actual height of eighty five (85') b) The group housing for the elderly and intermediate care facilities constructed on the easternmost B designated tract adjacent to Immokalee Road, as shown on the Master Plan, shall have a zoned height of sixty feet (60') and an actual height of seventy feet (70'). c) All other uses permitted pursuant to Section IV shall be limited to a maximum zoned height of fifty (50') and an actual height of sixty (60'). E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects, except buildings located on the southern portion of Tract 3. Buildings located in the southern portion of Tract 3 as labeled on the Master Plan shall be subject to the deviation process in Section 5.05.08 of the LDC (see Section 4.5.3, Development Deviations, of this PUD Ordinance). F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. 2. Residential PRINCIPAL STRUCTURES MULTI-FAMILY Minimum Lot Area 1 acre Minimum Lot Width N.A. Minimum Lot Death N.A. Minimum Front Yard Setback (Goodlette-Frank Road) 50 feet (1) Minimum Side Yard Setback 10 feet Minimum Rear Yard Setback 10 feet Minimum from Creekside Blvd. E. (2)(4) 30 feet Minimum Lake Maintenance Easement Setback 0 feet Minimum PUD Boundary Setback 50 feet Words struck— augh are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-7 September 16, 2021 Maximum Building Height Zoned 95 feet Actual 100 feet Minimum Distance Between Buildings 20 feet Floor Area Min. (S.F.), per unit 550 s.f. ACCESSORY STRUCTURES Minimum Front Yard Setback (Goodlette-Frank Road) 50 feet Minimum Side Yard Setback 5 feet Minimum Rear Yard Setback 10 feet Minimum from Creekside Blvd. E. 15 feet (2)(4) Minimum PUD Boundary Setback 15 feet Minimum Distance Between Building 0/10 feet Maximum Height (3) Zoned 20 feet Actual 25 feet i1) For any portion of a building exceeding a zoned height of fifty feet (50'), that portion of the building shall have the setback increased at a 1:2 ratio (i.e. one (1') horizontal foot setback for every two (2') vertical feet of height). (2) There shall be no required building setback from Creekside Boulevard East for a pedestrian bridge and supporting infrastructure. (3) Not applicable to an elevated pedestrian bridge. Parking garage shall be subject to building height per Section 4.4.D. a) above. (4) A free-standing parking garage may be constructed at fifteen feet (15') from Creekside Boulevard East. 4.5 DEVELOPMENT DEVIATIONS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group housing uses, including the intermediate care facility. 2. Deviation from LDC Section 5.06.04.F.3 Directory signs, which authorizes one (1) directory sign to be located at the project entrance, to permit installation of the directory sign on Immokalee Road east of Goodlette-Frank Road, not at the project entry, but rather at a location between the project entry and Goodlette-Frank Road. 3. Deviation from LDC Section 5.05.08.G, Deviations and alternate compliance, which authorizes the County Manager or designee to administratively approve deviations from compliance with Section 5.05.08 of the LDC for specific types of buildings, to allow general office and medical office, hotel and physical fitness facilities that can be constructed on the southern portion of Tract 3 of the Master Plan to be eligible for this deviation process. Words struck through are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-8 September 16, 2021 4. Deviation from LDC Section 4.06.02.C.2, "Table 2.4 Table of Buffer Requirements by Land Use Classifications", which requires Residential (RMF-6,RMF-12,RMF-16)multifamily district/use adjacent to Commercial 3 (C- 1, C-2, C-3, C-4, C-5): Business Park (BP) district/use to provide a 15' wide type `B' landscape buffer, to allow no buffer between the proposed residential use and the existing commercial use located to the north and a shared 15 foot wide type 'B' buffer with the institutional use located to the south. 4.6 LANDSCAPE BUFFER RESTRICTIONS The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.A.2 (and B.2) are prohibited. Words struck through are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-9 September 16, 2021 SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Creekside Commerce Park, designated on the Master Plan, as Preserve Area. 5.2 GENERAL DESCRIPTION Areas designated as Preserve Area on the Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Uses and Structures 1. Boardwalks and nature trails (excluding asphalt paved trails). 2. Water management structures. 3. Any other preserve and related open space activity or use which is comparable in nature with the foregoing uses, permitted in accordance with the LDC and which the Board of Zoning Appeals (BZA) or Hearing Examiner determines to be compatible in the Preserve Area. 5.4 PRESERVE DISTRICT PRESERVATION EASEMENT A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for preservation lands included in the Preserve Area. The Developer, its successor or assign shall be responsible for the control and maintenance of lands within the Preserve Area. Exact location/boundary of the Preserve Area will be determined during the development permitting process with the South Florida Water Management District, Army Corps of Engineers, and Collier County. Words struck through are deleted; words underlined are added. PL20190002850 CPUD Amendment 5-1 July 21, 2021 5.5 PRESERVE AREA ADJUSTMENTS The proposed native vegetation retention areas, depicted on the Creekside Commerce Park Master Plan, are intended for meeting the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the preservations areas at the time of preliminary plat or site development plan approval. If adjustments are needed, per the Collier County LDC the Developer will have the option to increase the preservation in another area, enhance and preserve another area, or provide increased native landscape per the Collier County LDC. The proposed preservation areas, including 2.9 acres of wetlands and 4.1 acres of uplands, depicted on the Creekside Commerce Park master plan, are areas where the native vegetation requirements may be met on-site as set forth in the Collier County LDC. Words Vie-through are deleted; words underlined are added. 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' 10' 12' 12' 5'' I50E- ANY. se I i UKY / R Q.A. 0 TYPICAL STREET CR088 SECTION N.T.B INTERNAL PARCEL PARKING / -STREET LIGHT / HEDGE -- CANOPY TREE ---CANOPY TREE / PARCEL ENTRANCE MONUMENT SIDEWALK v 7",// NEDGE // INTERNAL PARCEL. PARKING /SIMa..,. . r (! I S' 12' It• I2' I s SIDE- NE J4E L E UNE 510E- WALK I NALK ser A V I OW CI TYPICAL STREET CROSS SECTION N.T.8 i 40141 • , ‘ziVirs,t4 ! I- # , —I> 1 , . • -A f • . •, '4(, ' —it 1 ' h i f A ;1 i 4 VIP 1# 1 1 .°':.1". ' ,, •''Vriit: I. 4. f ! •., - . i i . Iii 4 ! - \-- ., 1I 1 11111 \ ,, . 1' • 4...if.''',,1„ 1, \ .... 1. .4 - . i .41 • . .0. , .' . /At ,.- _ se , -- - t , t' '4'. ' - . . q • ,Ort,.% 411..;„:". '.0 - 'Ir•-t...I'. -I:- ‘ • 30 kik , ,,— . r3.: 1._ i . ) t "'— ' MS • - 4_, P 414tk l t talitlit i A ,i 'It t . rt I - . . s i A 'it • 1 A )11.; . : L 44- • 1 aft 'ON* 0 . FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State November 3, 2021 Ms. Martha S. Vergara, Board Minutes & Records Dept. Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 Naples, Florida 34112 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-35, which was filed in this office on November 3, 2021. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270