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Ordinance 2021-42 ORDINANCE NO. 2021 - 4 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT TO A MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS RANDALL CURVE MPUD, TO ALLOW DEVELOPMENT OF UP TO 400 DWELLING UNITS, AND 150,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT, EXCEPT PUBLIC USES ARE NOT SUBJECT TO THE MAXIMUM GROSS FLOOR AREA LIMITATIONS. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF IMMOKALEE ROAD AND 4TH STREET N.E., IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 29 EAST, CONSISTING OF 50±ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20190002356] WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor& Associates, Inc. and Richard D. Yovanovich, Esq., representing Richard D. Yovanovich, Esq. as Successor Trustee of the Land Trust 850.024, under Land Trust Agreement dated December 1, 2005, and of the Land Trust 850.031, under Land Trust Agreement dated December 1, 2005, and of the Land Trust Agreement dated June 10, 2009 known as Trust Number 850.045, and of the Golden Gate Boulevard West Trust, petitioned the Board of County Commissioners of Collier County, Florida, to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 22, Township 48 South, Range 29 East, Collier County, Florida, is changed from an Estates (E) Zoning District to a Mixed-Use Planned Unit Development (MPUD) for a 50± acre project [20-CPS-02002/1668115/1]162 Randall Curve/PL20190002356 Page 1 of 2 10/12/21 to be known as Randall Curve MPUD, to allow development of a maximum of 400 dwelling units and 150,000 square feet of commercial development, except public uses are not subject to the maximum gross floor area limitations, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. 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 441 Commissioners of Collier County, Florida, this t day of 0 (AV/at( 2021. ATTEST:. `4 '"" BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIE C TY, FLORI B y By: Attest as to Chairman's , putt c PENNY 1XYLOR, Chairman signature only. Approved as to form and legality: Cat 4/ ti'1� He di F. Ashton-Cicko ° Managing Assistant County Attorney Exhibit A: List of Permitted Uses Exhibit B: Development and Design Standards Exhibit C: Master Concept Plan Exhibit D: Legal Description Exhibit E: Deviations Exhibit F: Development Commitments This ordinance filed with the Secretary of State's Offi a the . NI1'14 day of CW►eY,' 2-1 and acknowledgement pf that filing received this _ day beauty- fey [20-CPS-02002/1668115/1]162 Randall Curve/PL20190002356 Page 2 of 2 10/12/21 EXHIBIT A RANDALL CURVE MPUD PERMITTED USES A maximum of 400 residential dwelling units and 150,000 square feet of gross commercial floor area shall be permitted within the MPUD. Public uses and residential uses are not subject to the 150,000 square feet of gross commercial floor area limitation. 10,000 square feet of commercial development must receive its Certificate of Occupancy(CO) prior to any CO's being issued for the 400 residential units authorized by the MPUD. The uses are subject to the trip cap identified in Exhibit F, Section 3.a of this PUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: COMMERCIAL(C): A. Principal Uses (SIC In Parenthesis): 1. All permitted and conditional uses in the C-1 through C-3 Zoning Districts of the Collier County Land Development Code (LDC), Ordinance 04-41, as amended); and 2. Carwashes; and (7542) 3. Dental Laboratories; and (8072) 4. Medical Laboratories; and (8071) 5. Motor freight transportation and warehousing (air-conditioned (4225) mini-and self-storage warehousing only); and 6. Nursing and professional care facilities; and (8051, 8052, 8059) 7. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this MPUD document. 2. Water management facilities to serve the project such as lakes. 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 1 of 17 4. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. RESIDENTIAL (R): A. Principal Uses: 1. Dwelling Units: single family detached, zero lot line, two family attached, townhouse and multi-family 2. Model homes/ model sales or leasing offices 3. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the principal uses permitted in this MPUD, including but not limited to garages, carports, swimming pools, spas and screen enclosures. 2. Clubhouses, community administrative facilities and recreational facilities intended to serve residents and guests, including leasing and construction offices. 3. Water management facilities to serve the project such as lakes. 4. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 5. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. C. Amenity Area: 1. Principal Uses: a. Clubhouses, community administrative facilities and recreational facilities intended to serve residents and guests, including leasing and construction offices. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 2 of 17 b. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. 2. Accessory Uses: a. Accessory uses and structures customarily associated with the principal uses permitted in this MPUD, including but not limited to swimming pools and spas. b. Water management facilities to serve the project such as lakes. c. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. d. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. PUBLIC(P): Accommodates local, state and federally owned or leased and operated government facilities. A. Principal Uses: 1. Administration of housing and urban planning and community and rural development (Group 9531, 9532) 2. General government services Groups 9111— Executive offices 9121— Legislative bodies 9131—Executive and legislative offices combined 9199—General government, not elsewhere classified 3. Land, mineral, wildlife, and forest conservation (Group 9512) 4. Veterans affair office (Group 9451) 5. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses: Randall Curve MPUD(PL20190002356) October 26, 2021 Page 3 of 17 Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this CPUD as determined by the BZA or the Hearing Examiner. C. Prohibited Uses: 1. Probation, parole and corrections uses shall be prohibited. PRESERVE: A. Allowable Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation for environmental permitting, as per LDC requirements. 3. Passive Recreation areas, as per LDC requirements. 4. Water management and water management structures, as per LDC requirements. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 4 of 17 EXHIBIT B RANDALL CURVE MPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the Randall Curve MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. I. COMMERCIAL AND PUBLIC: PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM SETBACKS (External) From 4th St N.E. ROW 75 ft. SPS From Immokalee Road ROW 25 ft. SPS From Northern Project Boundary 25 ft. **** 15 ft. **** MINIMUM SETBACKS (Internal) Internal Drives/ROW 10 ft. 10 ft Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes (measured from control elevation) 25 ft. 20 ft.* Preserve 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights 10 Ft. MAXIMUM HEIGHT ZONED ACTUAL ZONED ACTUAL Retail Buildings 35 ft. 45 ft. 35 ft. 45 ft. Office Buildings, Self-Storage, and Hotel/Motel 45 ft. 55 ft. 35 ft. 45 ft. MINIMUM FLOOR AREA(ground floor) 1,000 sq. ft. ** N/A MAXIMUM GROSS COMMERCIAL 150,000 sq. ft.*** N/A * No structure may be located closer than 20 feet to the control elevation of a lake (allowing for the required minimum 20-foot-wide lake maintenance easement). ** Per principal structure. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. *** Excludes the one acre 'P' tract. **** May be reduced to zero feet if developed as a unified plan with the adjacent property to the north and no landscape buffer shall be required between uses. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 5 of 17 II. RESIDENTIAL: PRINCIPAL STRUCTURES*6 SINGLE ZERO LOT TWO FAMILY TOWNHOUSE MULTI- AMENITY FAMILY LINE ATTACHED (PER UNIT) FAMILY AREA*4 DETACHED Minimum Floor Area per unit 750 SF 750 SF 750 SF 750 SF 684 SF N/A Minimum Lot Area 4,000 SF 3,500 SF 3,500 SF 1,440 SF 43,560 SF N/A Minimum Lot Width 40 feet 35 feet 35 feet 18 feet N/A N/A Minimum Lot Depth 100 feet 100 feet 100 feet 80 feet N/A N/A Minimum Setbacks Front Yard *2 20 feet 20 feet 20 feet 20 feet 20 feet 15 feet Side Yard 5 feet 0 or 10 feet 0 or 5 feet 0 or 10 feet*1 0/10 feet*1 15 feet Rear Yard 10 feet 10 feet 10 feet 15 feet 15 feet 15 feet Preserve 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet PUD Boundary(West) 100 feet 100 feet 100 feet 100 feet 100 feet 100 feet*5 Minimum Distance Between 10 feet 10 feet 10 feet 20 feet 20 feet N/A Buildings Maximum Building Height Zoned 35 feet 35 feet 35 feet 45 feet 55 feet 25 feet Actual 40 feet 40 feet 40 feet 50 feet 65 feet 35 feet ACCESSORY STRUCTURES*6 Minimum Setbacks Front Yard *2 SPS SPS SPS SPS 15 feet 10 feet Side Yard SPS SPS SPS 10 feet 10 feet 10 feet Rear Yard *3 5 feet 5 feet 5 feet 10 feet 10 feet 10 feet Preserve 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet PUD Boundary(West) 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet*7 Minimum Distance Between 0/10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet N/A Buildings*8 Maximum Building Height Zoned 35 feet 35 feet 35 feet 35 feet 35 feet 25 feet Actual 40 feet 40 feet 40 feet 45 feet 40 feet 30 feet SPS—Same as Principal Structure BH—Building Height(zoned height) *1—Minimum separation between adjacent dwelling units, if detached,shall be 10'. *2—Single-family unit types-front entry garages shall have a 23' setback from back of sidewalk. *3 —All landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a residential lot. Where a home site abuts a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts,the accessory structure setback on the residential lot may be reduced to zero(0)feet where it abuts the easement. *4—When not located in a residential building within the"R"tract. *5—Does not apply to passive recreational uses such as trails/pathways. *6 - Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access control structures shall have no required internal setback, except as listed below,and are permitted throughout the"R"designated areas of the PUD; however such structures shall be located such that they do not cause vehicular stacking into the road right-of-way or create site distance issues for motorists and pedestrians. *7—No swimming pool or dumpster enclosure may be located within 100 feet of the northern or western PUD boundary. *8—Zero feet if attached, 10 feet if detached. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 6 of 17 Maximum Height for Guardhouses/Gatehouses: Zoned: 25' Actual: 30' Note: nothing in this MPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 7 of 17 II VEHICULAR/PEDESTRIAN ZONED:E,ESTATES ZONED:BCHDICPUD INTERCONNECTION USE:COMMERCIAL USE:UNDEVELOPED RESIDENTIAL / W �- W -y ,I. - •Y y ,- - W w w W PRESERVE * * * w ) I 1 I WWWWWWWWWW . W W - ;IC/P/i4)1 1_,• I .�. 1o / it 10'WIDE TYPE W y y / BUFFER(SEE LANDSCAPE + y MINIMUM 6-FOOT WIDE � / III NOTE#3) 1 W LANDSCAPE BUFFER / / 11' RESERVATION I (SEE NOTE#2) R I I — I' ZpNED:ORANGETREE • • PUD ZONED:E,ESTATES to / C tT1 1 2 3 L1SE:UNDEVELOPED USE:RESIDENTIAL m W m w / COMMERCIAL = C W W W 4 AMENITY 8 1U // / pD -n AREA tT1 (GENERAL /- �1 n 1 W LOCATION) � I K K I e r j // / 20'WIDE TYPE • • / / / 'D'LANDSCAPE P K .tn / / BUFFER z I •.,... • / �� / / y 5 L / R'ZMINIMUM 10-FOOTWIDE TYPED' �//LANDSCAPE BUFFER1SEE BUFFER / / /COMMITMENT I (EXHIBIT F,ITEM 4.d.) / � //l' / / /:i' �� � f 1 238 / j / C4 c——1� • / / / :EREEPUD RESIDENTIAL %MI EM��T SEE BUFFER / ZONED:E,ESTATES W ' / / 7-',/ / / COMMITMENT / N USE:RESIDENTIAL IL I j j% j / ( (EXHIBIT F, // W ' �/ /� R ITEM 4.d.) o }I !SEEBF \ER\ 7 i FZ j / COMMITMENT \ R LEGEND / (EXHIBIT F, # DEVIATION 20'WIDE TYPE I I / j ITEM 4.d.) / 5 / _ w / 20'WIDE TYPE D'LANDSCAPE / / R RESIDENTIAL BUFFER `� / // / 'D'LANDSCAPE C COMMERCIAL J/ / // BUFFER P PUBLIC u9 /// POTENTIAL / 6 PEDESTRIAN / INTERCONNECTION /7 Q EXISTING C.A.T. ZONED:E,ESTATES 7 P��ELOP / BUS STOP USE:UNDEVELOPED RESIDENTIAL 7 �O�(. / N o � 7 ZONED:ORANGETREE PUD lv I/ USE:COMMERCIAL a / i / // 0 150' 300' / ,-_ SCALE: 1" 0. 300' WHEN PLOTTED @ 8.5"X 11" RANDALL CURVE MPUD SCALE B 65=1 113 GradyMinor Q.e ae.6nHt,.NNB1100klalDelFA oeRCoeE°° BBB d Del I3y eoluaspmg6.neaae34134 EXHIBIT C DATE: l MASTER PLAN ,:oao uu Civil Engineers • Land Surveyors • Planners . Landscape Architects TILE NAME. O Cert.of Auto.EB 0005151 Cert.of Aut.LB 0005151 BueBiese LC 20000260 wcwo-19 EXHIBIT C-H6 REVISED: 10/11/2021 Bonita Springs:239.947.1144 w w w.Gratyllinnr.con, Fort Myers:239.690.4388 SHEET 1 OF 2 SITE SUMMARY TOTAL SITE AREA: 50.18±ACRE COMMERCIAL (C) 17±AC (34%) RESIDENTIAL (R) 19.5±AC (39%) PUBLIC (P) 1.0±AC (2%) 4TH STREET N.E. ROW 1.57±AC (3%) WATER MANAGEMENT 2.8±AC (6%) LANDSCAPE BUFFERS 1.71±AC (3%) PRESERVE 6.6±AC (13%) RESIDENTIAL: MAXIMUM 400 DWELLING UNITS COMMERCIAL: MAXIMUM 150,000 S.F. OPEN SPACE: REQUIRED: 30% PROVIDED: 30% PRESERVE: REQUIRED: 6.6 ACRES (43.9±ACRES NATIVE VEGETATION X 0.15) PROVIDED: 6.6 ACRES DEVIATIONS FROM THE LDC: (REFER TO EXHIBIT E) 1. SECTION 5.05.05 D.2.a., FACILITIES WITH FUEL PUMPS T. SECTION 5.05.05 D.2.b., FACILITIES WITH FUEL PUMPS 3. SECTION 5.05.05 B.1., FACILITIES WITH FUEL PUMPS 4. SECTION 6.06.01, STREET SYSTEM REQUIREMENTS 5. SECTION 5.06.04 F.3., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION SECTION 5.06.02 B.14., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 7. SECTION 5.06.02 B.14.b., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 8. SECTION 5.06.04 F.1., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 9. SECTION 6.06.01 J., STREET SYSTEM REQUIREMENTS 10. SECTION 5.03.02 H., FENCES AND WALLS, EXCLUDING SOUND WALLS 11. SECTION 6.06.02 A.1., SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. IN ORDER TO MEET THE LDC REQUIREMENTS FOR A TYPE'B' BUFFER A 6 FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN THE EVENT THAT THE PRESERVE DOES NOT MEET BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE 6'WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE, AND NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF INITIAL SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT. 3. 10 FOOT WIDE TYPE 'A' LANDSCAPE BUFFER IF PROJECT TO THE NORTH IS DEVELOPED WITH COMMERCIAL, OTHERWISE, A 15 FOOT WIDE TYPE'B' LANDSCAPE BUFFER IS REQUIRED. RANDALL CURVE MPUD SCALE: ©Gra dyMinor V-Crady 6,111pP:ula MBo1:Ix1eB.P..\.Del Rey ;IIIIIII\IDel Kry O nomlB surlKB.nul•me sa lay EXHIBIT C MASTER PLAN NOTES DATER Civil Engineers . Land Surveyors . Planners . Landscape Architects Gelt.orAutli.Eu OIX15151 Cert of ioal.LB 00115151 5,,I,lcar 1.1:YIi0002GG PORR-t9 Ex BIBii C-B6 d REVISED: 10/08/2021 Bonita Springs,239.947.1144 6B B.Ow ro a, Fool Myers:239 690.4380 SHEET 2 OF 2 EXHIBIT D RANDALL CURVE MPUD LEGAL DESCRIPTION PARCEL 1 A PORTION OF TRACT"A" GOLDEN GATE ESTATES, UNIT 22,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF TRACT"A"GOLDEN GATE ESTATES, UNIT 22,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID TRACT "A", NORTH 89°30'02" EAST, A DISTANCE OF 1,366.01 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1361, PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,THE SAME BEING A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT;THENCE ALONG SAID BOUNDARY, SOUTHWESTERLY 2,258.82 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET, A CENTRAL ANGLE OF 46°58'49", (CHORD BEARING SOUTH 24°49'44" WEST, A DISTANCE OF 2,196.07 FEET) TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) NORTH 00°29'58" WEST, A DISTANCE OF 361.77 FEET; 2) THENCE NORTH 89°59'48" WEST, A DISTANCE OF 426.54 FEET TO A POINT ON THE WEST BOUNDARY OF THE AFOREMENTIONED TRACT "A"; THENCE ALONG SAID BOUNDARY, NORTH 00°29'58"WEST,A DISTANCE OF 1,619.45 FEET TO THE POINT OF BEGINNING. CONTAINING 45.02 ACRES, MORE OR LESS. PARCEL 2 BEING A PORTION PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079,PAGE 1358 AND LYING WITHIN TRACT"A",GOLDEN GATE ESTATES, UNIT 22,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, BOTH OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A", GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE ALONG THE WEST LINE OF SAID TRACT"A",SOUTH 00°29'58" EAST,A DISTANCE OF 1,619.45 FEET TO A POINT ON THE BOUNDARY OF PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) SOUTH 89°59'48" EAST,A DISTANCE OF 426.54 FEET; 2)THENCE SOUTH 00°29'58" EAST, A DISTANCE OF 361.77 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT;THENCE SOUTHWESTERLY 526.09 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET,A CENTRAL ANGLE OF 10°56'31", (CHORD BEARING SOUTH 53°47'24" WEST, A DISTANCE OF 525.29 FEET)TO A POINT ON THE AFOREMENTIONED BOUNDARY OF SAID PARCEL 179,THE SAME BEING THE WEST LINE OF SAID TRACT"A";THENCE ALONG SAID BOUNDARY AND SAID WEST LINE, NORTH 00°29'58"WEST,A DISTANCE OF 672.12 FEET TO THE POINT OF BEGINNING. CONTAINING 5.16 ACRES, MORE OR LESS. TOTAL CONTAINING 50.18 ACRES, MORE OR LESS. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 10 of 17 EXHIBIT E RANDALL CURVE MPUD DEVIATIONS FROM THE LDC DEVIATION 1: Relief from LDC Section 5.05.05 D.2.a., "Facilities with Fuel Pumps" which requires facilities with fuel pumps to be subject to the following standards where located within 250 feet of residentially zoned or residentially developed properties: a. Facility with fuel pumps sites shall be separated from residential property by a thirty-foot wide landscape buffer and an architecturally designed masonry wall. The masonry wall shall be eight (8) feet in height, centered within the landscape buffer, and shall use materials similar in color, pattern, and texture to those utilized for the principal structure. The masonry wall shall be located on top of a berm. The berm shall be constructed and maintained at a height of three (3) feet and a maximum slope of 3:1. The berm shall be planted with ground cover. This deviation will instead not require this MPUD to provide a wall or berm to be constructed where the facility with fuel pumps is located within 250 feet of any residential building, located within the MPUD. See also Exhibit F, 7.a. DEVIATION 2: Relief from LDC Section 5.05.05 D.2.b., "Facilities with Fuel Pumps",which requires facilities with fuel pumps to be subject to the following standards where located within 250 feet of residentially zoned or residentially developed properties: b. Landscaping shall be required on both sides of the masonry wall. On the residential property wall side, a hedgerow consisting of#10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. In addition, a row of canopy trees spaced thirty (30) feet on center, and ten (10) feet in height at planting are required. On the facility with fuel pumps wall side, a row of canopy trees, spaced thirty (30) feet on center, and twelve (12) feet in height at planting are required. A hedgerow consisting of#10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. Required canopy trees shall be staggered to accommodate the canopy trees on the residential property wall side. This deviation will instead allow this MPUD to provide to provide a 15-foot wide type `B' landscape buffer planted with minimum 14-foot-high canopy trees (6-8' spread and 3-4" caliper) planted 20 feet on center, and a hedge 3 feet in height at installation and permanently maintained at a minimum height of five feet along the lot boundaries facing the internal residential tract. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 11 of 17 DEVIATION 3: Relief from LDC Section 5.05.05 B.1., "Facilities with Fuel Pumps -Table of site design requirements", which establishes yard requirements of 40 feet for side yards and 50 feet for all front yards, to instead allow the North directional side yards to be reduced to 20 feet and the West and South directional internal front yards to be reduced to 25 feet. The East directional front yard adjacent to Immokalee Road shall be a minimum of 30 feet. DEVIATION 4: Relief from LDC Section 6.06.01, "Street System Requirements",which establishes a minimum 60-foot right of way width for local streets.This deviation proposes to instead allow for private roads within the site to be located in a 50-foot wide access easement or private Right-of-Way. DEVIATION 5: Relief from LDC Section 5.06.04 F.3., "Directory Signs", which requires Multiple- occupancy parcels or multiple parcels developed under a unified development plan , with a minimum of 8 independent units, and containing 20,000 square feet or more of leasable floor area to be permitted 1 directory sign at one entrance on each public street, to instead allow two directory signs which may include signage for the commercial tenants and residential component of the project. DEVIATION 6: Relief from LDC section 5.06.02 B.14., "Boundary Marker Sign", which allows residential developments to have one boundary marker sign or monument structure to be located at each property corner, to instead allow a mixed-use project to have one boundary marker for the residential component sign at a single corner.The boundary marker sign shall include the logo and/or residential component project name. DEVIATION 7: Relief from LDC Section 5.06.02 B.14.b., "Boundary Marker Sign", which provides "The sign face area may not exceed 24 square feet in area and may not exceed the height or length of the monument or structure upon which it is located", to instead allow the boundary marker sign located at the intersection of Immokalee Road and 4th Street to be a maximum of 30 square feet in area. DEVIATION 8: Relief from LDC Sections 5.06.04 F.1., "Ground Signs", which allows each non- residential single occupancy or multi-occupancy parcel or tract to have a single ground sign along a public street, to instead also allow such parcels or tracts abutting Immokalee Road within the MPUD to have one additional ground sign that is oriented to the internal private by-pass driveway (labeled as R.O.W. or access easement on the Master Plan") that is provided for in the MPUD. The second sign shall be limited to 6 feet in height from parking lot grade and 25 square feet in sign area. Primary signage on Immokalee Road is limited to a maximum 60 square feet in size and 10 feet in height. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 12 of 17 DEVIATION 9: Relief from LDC Section 6.06.01 J., "Street System Requirements", which requires dead-end streets to be designed with a cul-de-sac, to instead allow the internal street to be designed without a cul-de sac. A temporary turn-around or other turnaround acceptable to the fire district shall be provided, as necessary, until development of the commercial areas is complete. If there is a dead-end fire access road that is in excess of 150 feet, then an approved fire district turn- around is required. DEVIATION 10: Relief from LDC Section 5.03.02 H., "Wall Requirements between Residential and Non-Residential Development", which requires a masonry wall, concrete or pre-fabricated concrete wall and/or fence to be constructed on a non-residential property when it lies contiguous to a residentially zoned district, to instead eliminate the wall requirement between residential and non-residential development internal to the PUD and allow a hedge in addition to the type 'D' buffer in lieu of a wall to be constructed on the residential parcel in a 10 foot wide buffer. The supplemental hedge shall be 4 feet at the time of planting and planted on 4 foot centers. DEVIATION 11: Relief from LDC Section 6.06.02 A.1., "Sidewalks and Bike Lanes",which requires a sidewalk to be constructed within public and private rights-of-way or easements adjacent to the site,to instead allow a portion of a required sidewalk to be constructed along the preserve's perimeter berm within a dedicated easement, located adjacent to 4th Ave N.E. where conflicts exist within the ROW. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 13 of 17 EXHIBIT F RANDALL CURVE MPUD DEVELOPMENT COMMITMENTS 1. PUD MONITORING One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval,the Managing Entity is Crown Management Services, LLC, 207 Cherry Hill Drive, Presto, PA 15142- 1087. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. MISCELLANEOUS a. Pursuant to Section 125.022(5) F.S., 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. c. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures— backlight, uplight and glare (BUG) rating where U =0)to avoid light spill onto adjacent properties. Fixtures within 50-ft of residential properties along the PUD boundary shall be set at no higher than a 15-ft mounting height. Otherwise the site light poles shall not exceed a 25-ft mounting height. Light levels along the PUD boundary shall be limited to no more than 0.2-ft-candles along the joint property line where adjacent to residential property. Interconnections identified on the Master Plan may be standard lighting for residential development. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 14 of 17 3. TRANSPORTATION a. The maximum total daily trip generation for the PUD shall not exceed 753 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. b. Vehicular and Pedestrian interconnection will be provided to the north to allow access to all connection points with BCHD I CPUD, consistent with the conceptual PUD Master Plan, Exhibit C. The final location of the access point will be coordinated with the adjacent property owner and a cross-access easement will be provided at time of the first Site Development Plan or Plat. The connection and supporting infrastructure will be constructed to the property line by the developer or successors or assigns prior to the first Certificate of Occupancy. The interconnection shall remain open to the public. c. The developer shall provide right turn lanes at each project entrance, and directional left turn lanes which shall be designed per the Collier County LDC. Compensatory right-of-way shall not be required for each turn lane. 4. LANDSCAPING a. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. In order to meet the LDC requirements for a Type B buffer, a 6-foot wide landscape buffer reservation has been identified on the Master Plan. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6- foot wide reservation to meet the buffer requirements. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. b. A 10 foot wide type 'A' landscape buffer is required along the northern perimeter if project to the north is developed with commercial, otherwise, a 15 foot wide type 'B' landscape buffer is required except where developed under a unified plan in which no buffer is required. c. The 4th Street N.E. landscape buffer adjacent to the preserve shall include a hedge that is installed at a height of six feet. d. The development along the water management lake shall provide a 20-foot-wide Type C Landscape Buffer between the water management lake, residential parcel,and the rear of the commercial parcel. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 15 of 17 5. ENVIRONMENTAL a. The MPUD shall be required to preserve 15% of native vegetation. 43.9± acres of native vegetation exist on-site requiring a minimum preservation of 6.6± acres (43.9 X .15 = 6.6). A minimum of 6.6± acres of native vegetation shall be retained on-site. b. A management plan for Florida Black Bear and Fox Squirrel shall be submitted for review and approval at time of final plat or SDP for the project, whichever is applicable. 6. SPECIAL CONDITIONS a. No adult orientated sales are permitted. b. Outdoor music and televisions shall be limited to the areas facing Immokalee Road. There will be no outdoor amplified sound between the hours of 9 p.m. and 8 a.m. weekdays and 10 p.m. and 8 a.m. on weekends. c. Dumpsters located within 250 feet of external residential units shall be oriented away from the external residential units at the greatest extent possible. d. Delivery bays shall not abut external residential development. e. All pole lighting shall be limited to full cut-off shields. 7. PLANNING a. When the auto service bay overhead doors are oriented internally toward the residential development tract, a solid wall with a minimum height of six (6) feet shall be installed between the service bay and the residential tract. Landscaping shall be installed on the external side of the solid wall. b. All buildings constructed within the MPUD shall have common architectural theming elements which may include roof treatments, signage, color scheme and similar unifying design elements at time of SDP. c. Developer, on behalf of itself, it successors and assigns (including any and all future owners and tenants, both commercial or residential,within the development), hereby(1) waives any and all claims for compensation and damages, including but not limited to future business damages and loss of access, from Collier County as a result of the flyover or its construction; and (2) will give all successors, assigns, tenants and buyers, both residential and commercial, who purchase or lease land from the Developer a separate written notice of the planned flyover with the statement that the County will not Randall Curve MPUD(PL20190002356) October 26, 2021 Page 16 of 17 construct any sound wall or other barrier of any kind to reduce the impact, noise, etc. of the flyover. d. 10,000 square feet of commercial development must receive its Certificate of Occupancy (CO) prior to any CO's being issued for the 400 residential units authorized by the MPUD. 8. WATER MANAGEMENT a. The water management system serving development within the MPUD shall provide for the water quality pretreatment and attenuation for that portion of the property originally designed to be utilized for water management area for Immokalee Road; however, the area necessary to provide for required Immokalee Road water management may be relocated throughout the MPUD. Permitting for the overall water management shall be coordinated through Collier County and permitted by the South Florida Water Management District (SFWMD). 9. AFFORDABLE HOUSING a. Forty (40) units will be income and rent restricted. The forty (40) units will be designated for households whose incomes are between 81% and 120% of the Area Median Income (AMI) for Collier County. These units will be committed for a period of 30 years and AMI rent limit adjustments will be made on an annual basis according to the most recent Collier County Board approved Table of Rental Rates for each income category and the number of bedrooms in the unit. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 17 of 17 1" M 11 Aoft 4. 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. 2021-42, 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