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Ordinance 2022-29 ORDINANCE NO. 22 - 2 9 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2009-53 THE GOOD TURN CENTER MIXED USE PLANNED UNIT DEVELOPMENT BY INCREASING THE ZONED HEIGHT FROM 45 FEET TO 55 FEET AND ACTUAL HEIGHT FROM 55 FEET TO 65 FEET, AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 9.5+/- ACRES, IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD, NORTH OF RATTLESNAKE HAMMOCK ROAD, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20210003228] WHEREAS, on October 16, 2009, the Board of County Commissioners approved Ordinance No. 2009-53, which established the Good Turn Center Mixed Use Planned Unit Development (PUD); and WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor & Associates, Inc. representing Sparrow Acquisitions, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 2009-53, the Good Turn Center MPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to Exhibit B, Development Standards, of the Mixed Use Planned Unit Development Document, attached to Ordinance No. 2009- 53, Good Turn Center MPUD. Exhibit B, Development Standards, attached to Ordinance No. 2009-53 is hereby amended to read as follows: [22-CP8-02187/1709684/1133 Good Turn Center Words struck through are deleted,words underlined are added. 1 of 4 PL20210003228 3/29/22 EXHIBIT B FOR GOOD TURN CENTER MPUD DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code in effect as of the date of approval of the Site Development Plan (SDP) or Subdivision plat. TABLE I DEVELOPMENT STANDARDS FOR MIXED USE DISTRICT C TRACT CF TRACT PRINCIPAL STRUCTURES MINIMUM LOT AREA 5,000 square feet 10,000 square feet MINIMUM LOT WIDTH 75 Ft. 100 Ft. MINIMUM SETBACKS (External) Front 25 Ft. 25 Ft. Side 25 Ft. 25 Ft. Rear 40 Ft. 40 Ft. MINIMUM SETBACKS (Internal) Internal Drives/Right-of- 10 Ft. 10 Ft. way/Property Lines Preserve 25 Ft. 25 Ft. MIN. DISTANCE BETWEEN 20 Ft. or 'h sum of Building heights* 20 Ft. or % sum of Building STRUCTURES heights* MAXIMUM HEIGHT Zoned Height 3 storics over parking, Zoned Height 3 stories over not to exceed 45 55 Ft. parking, not to exceed 45 55 Ft. Actual Height — 3 stories over parking Actual Height--3 stories ovcr not to exceed 55 65 ft. parking not to exceed 55 65 ft. MAX. GROSS LEASABLE AREA** 100,000 Sq. Ft. FAR 0.6 ACCESSORY USES MINIMUM SETBACKS (External) Front 25 Ft. 25 Ft. Side 15 Ft. 15 Ft. Rear 15 Ft. 15 Ft. MINIMUM SETBACKS (Internal) Internal Drives/Right-of- 0 Ft. 0 Ft. way/Property Lines Preserve 10 Ft. 10 Ft. MIN. DISTANCE BETWEEN S.P.S S.P.S STRUCTURES MAXIMUM HEIGHT 25 Ft. 25 Ft. *whichever is greater **Applies to commercial and office uses. Any use subject to an FAR will be subject to the square feet permitted under that FAR S.P.S.: Same as Principal Structures. [22-CPS-02187/1709684/1]33 Good Turn Center Words struck through are deleted,words underlined are added. 2 of 4 PL20210003228 3/29/22 SECTION TWO: Amendment to Exhibit E, List of Developer Commitments, of the Mixed Use Planned Unit Development Document, attached to Ordinance No. 2009-53, as amended, Good Turn Center MPUD. Exhibit E, List of Developer Commitments, attached to Ordinance No. 2009-53 is hereby amended to read as follows: EXHIBIT E FOR GOOD TURN CENTER MPUD LIST OF DEVELOPER COMMITMENTS Regulations for development of the Good Turn Center MPUD shall be in accordance with the contents of this MPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this MPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. ********************************* 3. 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. 4. PUD MONITORING A. 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 CPUD approval, the Managing Entity is the Collier Rattlesnake LLC, 801 Anchor Rode Dr #206, Naples, FL 34114. 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 CPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the [22-CPS-02187/1709684/1]33 Good Turn Center Words struck through are deleted,words underlined are added. 3 of 4 PL20210003228 3/29/22 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. SECTION THREE: Amendment to Exhibit C, Master Plan of the Mixed Use Planned Unit Development Document, attached to Ordinance No. 2009-53, the Good Turn Center MPUD. Exhibit C, MPUD Master Plan, is hereby deleted in its entirety and replaced with Exhibit C attached hereto and incorporated herein. SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this )y l'day of _J U,1E , 2022. ATTEST: ` 189kA0 BOARD OF COUNTY COMMISSIONERS CRYST -n:VNZ'EL,CLERK COLLIER CO , DA c• By• 'l R :; 4 By: Attest as to C' • 4 "� y Clerk Willi m L. McDaniel, Jr., Chairman signature ouiy. „ , r Approved as to form and legality: Heidi Ashton-Cicko 'ti 54 Managing Assistant County Attorney Attachment: Exhibit C —Master Plan This ordinance filed with the Cory of 5t.)t s Osfica the 4 day of �Z and acknowledgern t of that ofW re-eived this day By a®n [22-CPS-02187/1709684/1]33 Good Turn Center Words struck through are deleted,words underlined are added. 4 of 4 PL20210003228 3/29/22 &1 I C;A Pi N rl1 PWA; Oy 0 z 4 , Zp O w z� A C 1 m n 1 T.' nl 28 D mANrr I < § D f 4 v I� g C N m a 0 I RIGHT-OF-WAY a COLLIER BOULEVARD Ei C229' RIGHT-OF-WAS N 00'32'56" E 334.82' i EXISTING CANAL II RIGHT-OF-WAY N 00'32'56" E 334.85' t 20'WIDE TYPE D BUFFER I ; O I -I L. �r.'pmg m0 I I 3M ,MOrn m� I T mm m I n L 0 m mo<A Oz p0� S ,i e. mz c 3 z m �^ N z Imo n 11 I I I z m o XI O ��� L7 O -I z O CI 9 C g .,� II 11 N II m m z I O ZD n} N0 V(e m _ D I �-i I N Q�1 y= N N M s m x m :' I1 ! I • m I £ m I 0 R 9 S n [ I N, -r' 10 m _ I o �m Io a m �n c 00d f 1 z I�� =+N z I m '=1 € 1/1 I I mp 91 -• "' 2 • _• '� C N • �, z W IZ �o I IEn Z y IT Iy mz c? s$a Z z m A J §v I 4. I N I I C I D- . I m m 1 m _ l' O D3 _ s iE I F.FVV I I -,R .mw' 0 a a •A O, I i-. A .'. A R • 8 <N . o .,..7.' ii'Th \ \ \ 0 0. I I I m -I> , � om n m _ �I gm I z m Io nil O I I I p _m DO to) zm ACo Im D 0 I c� I m m (� I O 0 m m T X p 3� mm m mm m= b I K- M-1 Im I mm I mm ZD m ° I C �m m>W — — — Ip m a N z I r I _ 70'WIDE TYPE A BUFFER m o -A— �$— — -t — • — . — . — 5▪ \; ou m Arc; 8 . I °Z y NO m I I m N n �. OPTIONAL DRY DETENTION AREA 09L 'O zb \ \ I'I' AD 0 I F Emm 11 z z o I I I m m N 00'31'41" E 335.16' to P to ZN I I L] I 0 z 0 RI \ <xi D 11 411 A § 1 1, m w . rJ }. tii n q) i FLORI DA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State July 5, 2022 Martha S. Vergara, BMR & VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Martha Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2022-29, which was filed in this office on July 5, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270