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Backup Documents 06/13/2023 Item # 9C BCC June 13, 2023 9 c Collier Blvd. Mixed-Use Commerce Center PUD PL20210000419 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad: The advertisement must be a'A page advertisement,and the advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Originating Dept/Div: GMD/Zoning, Person:Timothy Finn, Planner Ill Date:May 10,2023 Petition No.(If none,give a brief description): P20210000419 Petitioner:(Name&Address): Philip DiMaria 1776 Main Street Suite 200 Sarasota,FL 34236 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,June 13,2023 (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#323534 Other Legally Required Purchase Order No.4500220085 Proposed text:(include legal description&common locations&size): Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: IL / Date: 5//t(v 3 Division Admin' trator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA:Initiating person to complete one copy and obtain Division Head approval before submitting to the County Manager.Note:if legal documents are involved,be sure that any necessary legal review,or request for same,is submitted to the County Attorney before submitting to the County Manager.The County Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFICE 2 Date Received J P 7 2-J Date of Public Hearing Date Advertised 5/ 2-3 C Naples Baitu Nttus PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 BCC ZONING DEPT 3299 TAMIAMI TRL E#700 NAPLES, FL 32112 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida:that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples,in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida ,for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 5/24/2023 Subscribed and sworn to before on May 24th, 2023 otary, fate yes: My commissio 5, /5.�` ) PUBLICATION COST:$1,008.00 ► AD NO:GCI1063218 NANCY HEYRMAN CUSTOMER NO: 505868 Notary Public PO#: PUD PL20210000419 State of Wisconsin AD SIZE: DISPLAY AD—3X10 9C NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC)at 9:00 A.M.on June 13,2023,in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2001-10, THE COLLIER BOULEVARD MIXED USE COMMERCE CENTER PLANNED UNIT DEVELOPMENT(PUD),TO INCREASE THE MAXIMUM NUMBER OF DWELLING UNITS BY 413 FOR A TOTAL OF 846 DWELLING UNITS FOR THE PUD;BY CHANGING THE COMMERCIAL TRACT TO THE COMMERCIAL TRACT-MIXED USE TO ALLOW 413 MULTI-FAMILY DWELLING UNITS IN ADDITION TO THE ALLOWED COMMERCIAL USES;BY REVISING THE MASTER PLAN;AND REVISING DEVELOPMENT STANDARDS.THE SUBJECT PROPERTY IS LOCATED IN THE ACTIVITY CENTER #9 OVERLAY AND WITHIN SPECIAL TREATMENT WELLFIELD ZONE 4 (ST/W-4), WEST OF COLLIER BOULEVARD AND SOUTH OF MAGNOLIA POND DRIVE;IN SECTION 34,TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 70.00: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210000419] eQst CP 00`a Project co Location o Magnoli• 'odd DR 1-75 /-75 Radio RD Davis BLVD A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely,as well as in person,during this proceeding.Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website.Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig®colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380, at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Jennifer Hansen,Deputy Clerk (SEAL) Nr-„ao C Jennifer Hansen From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Tuesday, May 16, 2023 4:26 PM To: Minutes and Records Cc: RodriguezWanda; FinnTimothy; philip.dimaria@kimley-horn.com; GMDZoningDivisionAds; MiceliSuzanne; PadronAilyn;YoungbloodAndrew Subject: 6/13 BCC Ad Request for Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 Attachments: Ad Request.docx; Ordinance - 050523.pdf; Signed Ad Request.pdf; 2 x 3 Ad Map.pdf Greetings, Minutes& Records, Attached is an Ad Request for Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 for the June 13, 2023 BCC hearing that needs to run on May 24tn Thank you! Suzanne Miceli Operations Analyst I Zoning Division suzanne.miceli@colliercountyfl.gov 239-252-7411 C er County Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 9C NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on June 13, 2023, in the Board of County Commissioners meeting room, third floor, Collier Government Center,3299 East Tamiami Trail,Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, AMENDING ORDINANCE NUMBER 2001-10, THE COLLIER BOULEVARD MIXED USE COMMERCE CENTER PLANNED UNIT DEVELOPMENT (PUD), TO INCREASE THE MAXIMUM NUMBER OF DWELLING UNITS BY 413 FOR A TOTAL OF 846 DWELLING UNITS FOR THE PUD; BY CHANGING THE COMMERCIAL TRACT TO THE COMMERCIAL TRACT-MIXED USE TO ALLOW 413 MULTI- FAMILY DWELLING UNITS IN ADDITION TO THE ALLOWED COMMERCIAL USES; BY REVISING THE MASTER PLAN; AND REVISING DEVELOPMENT STANDARDS. THE SUBJECT PROPERTY IS LOCATED IN THE ACTIVITY CENTER #9 OVERLAY AND WITHIN SPECIAL TREATMENT WELLFIELD ZONE 4(ST/W-4),WEST OF COLLIER BOULEVARD AND SOUTH OF MAGNOLIA POND DRIVE; IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 70.00f ACRES;AND BY PROVIDING AN EFFECTIVE DATE. [PL20210000419J (insert map) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three(3)minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County websitc at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA 9C RICK LOCASTRO, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: /s/Patricia Morgan Deputy Clerk(SEAL) 49C 4Z ants aaiiioo 111 0 � J C 03 o Cl) .> co •— O a C cm 15 O co CD .+70 •1 1... O 3 a p� J 0 o� 0 4 0 •O Ln co 5 0 I cc •b — 'o 0 9C ORDINANCE NO. 2023- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2001-10, THE COLLIER BOULEVARD MIXED USE COMMERCE CENTER PLANNED UNIT DEVELOPMENT (PUD), TO INCREASE THE MAXIMUM NUMBER OF DWELLING UNITS BY 413 FOR A TOTAL OF 846 DWELLING UNITS FOR THE PUD; BY CHANGING THE COMMERCIAL TRACT TO THE COMMERCIAL TRACT-MIXED USE TO ALLOW 413 MULTI-FAMILY DWELLING UNITS IN ADDITION TO THE ALLOWED COMMERCIAL USES; BY REVISING THE MASTER PLAN; AND REVISING DEVELOPMENT STANDARDS. THE SUBJECT PROPERTY IS LOCATED IN THE ACTIVITY CENTER #9 OVERLAY AND WITHIN SPECIAL TREATMENT WELLFIELD ZONE 4 (ST/W-4), WEST OF COLLIER BOULEVARD AND SOUTH OF MAGNOLIA POND DRIVE; IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 70.00± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210000419] WHEREAS, on March 13, 2001, the Board of County Commissioners approved Ord. No. 2001-10, which created the Collier Boulevard Mixed Use Commerce Center Planned Unit Development("PUD"); and WHEREAS, on August 9, 2019, the Hearing Examiner by HEX No. 2019-36 approved a request to amend the Master Plan by reconfiguring the preserve and the site design for the residential tracts for property located in the northwest quadrant of I-75 and Collier Boulevard; WHEREAS, Philip DiMaria, AICP, CNU-A of Kimley-Horn and Associates, Inc. representing VICTORIA ESTATES, LTD; NEW MAGPOND A, LLC; NEW MAGPOND, LLC; NEW MAGPOND-A, LLC; NEW MAGPOND-B, LLC ET AL, and MAGNOLIA NAPLES APARTMENTS, LLC, petitioned the Board of County Commissioners to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: [21-CPS-02 1 5 2/1 7 7 8762/1]127 Collier Boulevard Mixed Use/PL20210000419 1 of 2 5-5-23 SECTION ONE: Zoning Classification. The PUD Document attached to Ordinance No. 2001-10, is hereby amended in accordance with the revised PUD Document, attached hereto as Exhibit A and incorporated by reference herein. SECTION TWO: 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 day of , 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Rick LoCastro, Chairman Approved as to form and legality: NAN Heidi Ashton-Cicko 6 Managing Assistant County Attorney Attachments: Exhibit A -PUD Document [21-CPS-02152/1778762/1]127 Collier Boulevard Mixed Use/PL202 10000419 2 of 2 5-5-23 9C Collier Boulevard Mixed-Use Commerce Center—2023G A Planned Unit Development Approximately 70 Acres Section 34 Township 49 South, Range 26 East Collier County, Florida Prepared for: Victoria Estates LTD ET AL New Magpond A LLC ET AL 8441 Cooper Creek Blvd University Park, FL 34201 Prepared by: Kimley-Horn and Associates 1777 Main Street Suite 200 Sarasota, FL 34236 HOLE MONTES INC 950 Encore Way Naples, FL 34110 Mm Project 199211Y AN ��NG,VAN !!SS€NB€Rn VARN DOE o ANDERSO l PA 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 J 000 Reused September 2000 Reused October 2000 Reused January 2001 Reused February 2001 Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 1 of 25 Contents SECTION I -Statement of Compliance 3 SECTION II-Property Ownership, Legal Description,Short Title and Statement of Unified Control 5 SECTION III-Statement of Intent and Project Description 6 SECTION IV-General Development Regulations 7 SECTION V-Preserve Area Requirements 12 SECTION VI -Permitted Uses and Dimensional Standards for Residential Development District 13 SECTION VII-Permitted Uses and Dimensional Standards for the Commercial Mixed Use DevelepfRe+A-District 16 SECTION VIII-Development Commitments 21 EXHIBITS Exhibit A—Amended P-n Master Plan 27 Exhibit B—Legal Description 29 Exhibit C—Legal Description for Lot 2 30 Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 2 of 25 � C SECTION I - Statement of Compliance The development of 70.2 acres of property in Section 34,Township 49S, Range 26E Collier County, Florida, as a Planned Unit Development to be known as the Collier Boulevard Mixed-Use Commerce Center PUD,will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan.The residential and commercial components of the project will be consistent with growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The property is a mixed-use Planned Unit Development located within Activity Center#9 revised under the EAR based GMP Future Land Use Element Amendment.The proposed gross density of sixteen (16)ten(10}dwelling units per acre is consistent with the Future Land Use Element of the Collier County Growth Management Plan which allows up to sixteen (16) units per acre within Activity Centers.The total number of dwelling units proposed is four hundred and thirty three(433)on 13.3 acres proposed for residential use. Commercial uses are permitted within the Activity Center and, therefore, are also consistent with the Future Land Use Element. 2. The project shall be consistent with the adopted Activity Center#9 Interchange Master Plan. 3. The subject property's location in relation to the existing or proposed community facilities and services supports the development's residential density and commercial uses as required in Objective 2 of the Future Land Use Element. 4. The proposed development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.46 of the Future Land Use Element. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 6. The proposed development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H.and 3.1.L. Objective 2 of the Future Land Use Element. 7. The project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1,5 of the Drainage Stormwater Management Sub-Element of the Public Facilities Element. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 3 of 25 8. All final Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 Chapter 6 of the Land Development Code Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 4 of 25 9C SECTION II - Property Ownership, Legal Description, Short Title and Statement of Unified Control 2.1 Property Ownership The Auto Vehicle Parts Company currently owns the subject property. Magnolia Naples Apartments LLC and Richman Naples Development Partners, LLC own the Residential Tracts.Victoria Estates LTD and New Magpond A LLC ET AL own the Commercial Mixed-Use Tracts. 2.2 Legal Description Section 34,Township 49 South, Range 26 East, Collier County, Florida, and, more particularly, described in Exhibit"B"Exhibit B. 2.3 General Description of Property The property is located in the northwest quadrant of Collier Boulevard and 1-75. "t.4 Physical Description The subject property is vacant at the time of the application for rezoning.This site currently drains from the northeast to the southwest. Soil types on the site are (I 4) Pineda Fine Sand, Limestone Substratum and (21) Boca Fine Sand. The property is located in Flood Zone X. The zoning classification prior to the date of this PUD was Agricultural (A). 2.5 Short Title This ordinance shall be known and cited as the "Collier Boulevard Mixed-Use Commerce Center Planned Unit Development Ordinance". 2.6 Statement of Unified Control T t� t th nt e tea;la+ s fer-t-he-pu-rposc of elopment of this Planned Unit Development will occur in accordance with the Planned Unit Development regulations contained herein and any conditions approved with the Rezone Pet-it-iee-e6-61escr+bed-ate-agreed to within the PUD Ordinance. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419- Revised May 3, 2023 Page 5 of 25 SECTION III - Statement of Intent and Project Description 3.1 Introduction It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in Section 2.2.20 2.03.06 of the Collier County Land Development Code(LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 Project Description The project contains 70.2 acres and comprises a mix of two hundred and seventy thousand (270,000) square feet of gross leaseable floor area for retail and office uses on 25.3 acres,and a maximum of 846 dwelling units for the PUD. The project a4se proposes four hundred and thirty-three(433)dwelling units based on a gross density of ten (10)dwelling units on 43.3 acres proposed for residential use within areas labeled Residential on the PUD Master Plan (Exhibit A) amongst other uses set forth in the PUD document. And within areas designated Commercial Mixed Use by Exhibit A, approximately 25.3 acres,four hundred thirteen (413)dwelling units are proposed, based on a gross density of 16 units per acre in accordance with the Collier County Growth Management Plan. Access will be provided from an existing easement,which intersects with Collier Boulevard north of the subject property and also provides access to adjoining properties to the north and west of the subject property.The project's proximity to 1-75 and Collier Boulevard provides convenient access for both proposed commercial and residential uses. 3.3 Land Use Plan and Project Phasing A. The PUD Master Plan provides for areas of commercial and residential use,water Exhibit"A".The PUD Master Plan is designed to be flexible with regard to the placement of buildings,tracts and related utilities and water management facilities. More specific commitments will be made at the time of Site Development Plan and permitting approval, based on compliance with all applicable requirements of this Ordinance,the LDC and local, state and federal permitting requirements.All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. The anticipated time of build-out of the project is approximately six(6)years from the time of issuance of the first building permit,or 2006. However, actual build-out will depend on market conditions. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 6 of 25 C SECTION IV - General Development Regulations The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Collier Boulevard Mixed-Use Commerce Center Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Collier Boulevard Mixed-Use Commerce Center shall be in accordance with the contents of this document,the PUD Planned Unit Development District, the adopted Activity Center#9 Interchange Master Plan (IMP) and other applicable sections and parts of the Collier County Land Development Code (LDC)and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements.The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. B. Unless otherwise noted,the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Collier Boulevard Mixed-Use Commerce Center shall become part of the regulations that govern the manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Chapter 6,Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval,final plat approval, or building permit issuance applicable to this development. E. Unless specifically waived through any variance or waiver provisions from any other applicable regulations,the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval. 4.3 Easements for Utilities Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419- Revised May 3, 2023 Page 7 of 25 Easements,where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities.This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County shall be given a credit for open space and the retention of native vegetation. 4.4 Amendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.510.02.13 of the Collier County LDC, in effect at the time the amendment is requested. 4.5 Project Plan Approval Requirements Exhibit A"1A1!,the Amended PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat(if required)shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the Subdiv ^ o t' t f- rt" ' ti i_ e LDC. Prior to the recording of the Final Subdivision Plat,when required by the Subdivision Regulations set forth in Section 3.210.02.04 of the LDC,final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan,the County Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development order,the provisions of Section 10.02.03 3-377 Site Development Plans,shall be applied to all platted parcels,where applicable. Should no subdivision of land occur, Section 3,310.02.03 shall be applicable to the development of all tracts as shown on the PUD Master Plan. 1.6 Provision for Offsite Removal of Earthen Material therwi ies is hereby permitted• I€, ion of fill activities on buildable subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC Article IV of the Co nty's Code of Ordinances,whereby offsite 20,000 cubic yards. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419- Revised May 3, 2023 Page 8 of 25 C B. A timetable to facilitate said removal shall be submitted to the Development Services Manager for approval. Said timetableha" incl de the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC Article IV arc applicable. 4.76 Sunset and Monitoring ProvisionsPUD Monitoring The Collier Boulevard M " * D1 in ll bj ++ c + n +ti i DC Ti . Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. 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 New Magpond A LLC et al. 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 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. 4.87 Polling Places Polling places shall be provided in accordance with Section 2.01.04 3.2.8.3.11 of the Collier County Land Development Code. 4.-98 Native Vegetation The project will meet the requirements of Section 3.05.00 Division 3.9,Vegetation Removal, Protection and Preservation of the LDC for the subject property.Vegetated areas designed to preserve native vegetation may be provided for in the residential or commercial portion of the project and may be reconfigured at the time of Final Plat or Site Plan Approval based on preparation of more detailed plans. 4.499 Open Space In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be allocated within each subsequent development area. Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities.The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 4.02.01 of the LDC. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 9 of 25 4.4410 Archaeological Resources The developer shall be subject to the provisions of Section 2.03.07.E Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. 4.42-11 Common Area Maintenance Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities,shall be the responsibility of a homeowners'association to be established by the developer. 4.4312 Architectural and Site Design Standards Development of commercial uses shall meet the requirements of Section 5.05.08 Architectural and Site Design Standards of the LDC, including the requirements of the adopted Activity Center#9 Interchange Master Plan. 4.4-13 Signage All signage shall be in accordance with the adopted Activity Center#9 Interchange Master Plan and Section 2.5 of the Collier County Land Development Code, as applicable. However,two(2) Identification Signs are permitted along the Collier Boulevard road frontage to identify the residential component of the project. Each sign may be thirty-two (32)square feet in area or sixty-four(64)square feet combined. 4.4;14 Off Street Parking and Loading All off street parking and loading shall be in accordance with Division 2.3 Section 4.05.00 of the Collier County Land Development Code and the adopted Activity Center#9 Interchange Master Plan, as applicable. 4.4615 Landscaping All landscaping shall be in accordance with the requirements of Division 2.1 Section 4.06.00 of the Collier County Land Development Code and the adopted Activity Center#9 Interchange Master Plan. 44-716 Miscellaneous "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 Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 10 of 25 violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development." Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 11 of 25 SECTION V - Preserve Area Requirements 5.1 PURPOSE The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A",the previously adopted PUD Master Plan. 5.2 PERMITTED USES Clearing for permitted uses is allowed provided that a minimum of 15.12 acres of native vegetation is retained within the PUD. No building, structure or part thereof,shall be erected, altered or used, or land used, in whole or part,for other than the following structures: A. Permitted Principal Uses and Structures: 1. Passive recreation areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Preserve Areas,after the appropriate environmental review. 6. Any other use deemed comparable in nature by the Development Services Director. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 12 of 25 9C SECTION VI - Permitted Uses and Dimensional Standards for Residential DevelopmentDistrict 6.1 Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the Collier Boulevard Mixed-Use Activity Center designated for residential development In the Residential District on the Amended PUD Master Plan, Exhibit"A". 6.2 Maximum Dwelling Units Four hundred and thirty-three (433) dwelling units are permitted within the Collier Boulevard Mixed Use Commerce Center based on a gross density often (10) dwelling units per acre for 43.3 acres designated "R" on the PUD Master Plan. 6.3 General Description The Amended P4J-1)Master Plan. Exhibit A designates4the following uses for the general use designations on said Master Plan. TRACT ACRES PERCENTAGE 1. COMMERCIAL/MIXED USE TRACTS 25.3 36% 2. RESIDENTIAL TRACTS* 43.3 61% 3. RIGHTS-OF-WAY 1.6** 3% TOTAL 70.2 100% * Includes water management and vegetation to be retained. **Commercial right-of-way only. The approximate acreage of residential areas in the R District is depicted on the PUD Master Plan.Actual acreage of all development tracts will be provided at the time of Site Development Plan or Final Subdivision Plat approval in accordance with Article 3, Division 3.3 Section 10.02.03, and Division 3.2Section 10.02.04, respectively, of the Collier County Land Development Code. Residential areas are designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses typically found in residential areas. 6.4 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: Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419- Revised May 3, 2023 Page 13 of 25 1. Principal Uses: (a) Single Family Detached Dwellings (b) Zero-Lot Line Dwellings (c) Two-family and Duplex Dwellings (d) Single Family Attached and Townhouse Dwellings (e) Multi-Family Dwellings, including Garden Apartments (f) Adult or Assisted Living Facilities (g) . Any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the hearing Examiner or the Board of Zoning Appeals, by the process outlined in the LDC. 2. Accessory Uses and Structures (a) Accessory uses and structures customarily associated with principal residential uses permitted in this District, including recreational facilities, maintenance facilities and clubhouse. 6.5 Development Standards Table 1: Development Standards For Residential Arcs District Permitted Uses and Standards Single-Family Zero Lot Two Family& Single Family Multi-Family Detached Line Duplex Attached and Dwelling R Townhouse Minimum Lot Areas 6,000 S.F. 3,500 S.F. 3,500 S.F.(1) 3,000 S.F. per du. 1 AC Minimum Lot Width(2) 60 35 35 30 150 Front Yard 25(5)(8) 15 15 20 25 Side Yard L31 7.5(8) 0 or 12(4) 0 or 6 0 or 12 0 or.6 BH Rear Yard Principal 20(8) 10 15 20 25 Rear Yard Accessory 10 5 5 10 10 Maximum Building Height 35 35 35 35 35/50(9) _ Distance Between Structures N/A N/A N/A 10 Y:SBH,but no less than 15 Floor Area Min. (SF) 1,200 1,200 1,200 1,000 600 Preserve setback 25/10(10) All distances are in feet unless otherwise noted. BH = Building Height SBH =Sum of Building Heights 1. Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3,500)square feet for a total minimum lot area of seven thousand (7,000)square feet. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419- Revised May 3, 2023 Page 14 of 25 C 2 Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 3. Accessory uses such as pool enclosures may be attached to principal uses and may be set back five (5)feet from side or rear property lines. 4. Where the zero(0)foot yard option is utilized,the opposite side of the structure shall have a twelve(12)foot side yard. 5. Single-family dwellings which provide for two (2) parking spaces within an enclosed garage and provide for guest parking other than private driveways may reduce front yard requirements to five (5)feet for the garage and fifteen (15)feet for the remaining structures. Side entry garage setbacks may be reduced to twelve (12)feet. 6. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof,to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty (20)feet above grade. 7. Adult Living Facilities shall be developed in conformance with the requirements of Section 2,-646 5.05.04 of the Collier County Land Development Code. Development standards for Adult Living Facilities shall be the same as provided for multi-family dwelling units in Table 1. The maximum number of Adult Living Facilities shall be two hundred fifty(250) units. For each acre of ALF use developed on the subject property,ten (10) multi family dwelling units per acre will be subtracted from the maximum number of dwelling units permitted., subject to the trip cap in 8.2.6. 8. See also Section 8.2.145 Transportation Requirements of this Ordinance pertaining to 1-75 setback requirements. 9. 50' zoned height and 58' actual height applies to the 4.49±acre parcel described in Exhibit C, Legal Description for Lot 2. 10. 25' for principal structures and 15'for accessory structures applies to the 4.49±acre parcel described in Exhibit C, Legal Description for Lot 2. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 15 of 25 SECTION VII - Permitted Uses and Dimensional Standards for the Commercial Mixed Use Development District 7.1 Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the Collier Boulevard Mixed-Use Commerce Center designed for commercial use and residential use in the Commercial Mixed Use District. 7.2 General Description No commercial use may be developed until the Activity Center#9 Interchange Master Plan (IMP) is adopted by the Collier County Board of Commissioners and the consistency of the proposed uses with said IMP established. The acreage of the tracts depicted on the PUD Master Plan is based on conceptual designs and is approximate. Actual acreages of all developed tracts will be provided at the time of Preliminary Subdivision Plat submittal in accordance with Division 3.2 Section 10.02.04 of the Collier County LDC.All tracts are deigned to accommodate internal roadways, open spaces, water management facilities and other similar uses. 7.3 Development Intensity A maximum of two hundred forty thousand (240,000) square feet of commercial retail gross leaseable floor area, and a maximum of thirty thousand (30,000)square feet of gross leaseable office floor area is permitted. A maximum of one hundred and fifty(150) hotel/motel units are also permitted. Hotel/motel units shall be permitted a maximum floor area ratio of.60. While the total amount of retail and office area averages ten thousand seven hundred fourteen (10,714)square feet of gross leaseable area per acre,this intensity may be exceeded on individual tracts provided the overall intensity is not exceeded for the project as a whole. Four hundred thirteen (413) dwelling units are permitted based on a gross density of sixteen (16) dwelling units per acre on the 25.3 acres. 7.4 Configuration of Commercial/Mixed Use Area The land area allocated for commercial/mixed use is 25.3 acres and is depicted on the PUD Master Plan.The boundary of the commercial area may be expanded to the southwest along 1-75, provided that the total area allocated for commercial use does not exceed 25.3 acres. Commerce Park PUD. 7.5 Permitted Uses and Structures 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: Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 16 of 25 9C 1. Accounting,Auditing and Bookkeeping Services(Group 8721) 2. Amusements and Recreation Services-Indoor(Groups 7911-7941, 7991,7993) 3. Apparel and Accessory Stores(Groups 5611-5699) 4. Automotive Dealers and Gasoline Service Stations(Groups 5511, 5531, 5541, 5571, 5599 new vehicles only) 5. Automotive Rental and Repair,and Services (Groups 7514, 7515, 7521, 7533-7549) 6. Building Materials, Hardware and Garden Supplies(Groups 5211-5261) 7. Business Services (Groups 7311-7352, 7371-7379, 7384) 8. Child Day Care Services(Group 8351) 9. Communications (Groups 4812-4841,except principal transmission towers) 10. Depository Institutions (Groups 6011-6099) 11. Drug Store and Proprietary Stores (Group 5912) 12. Eating and Drinking Places(Groups 5812-5813.All establishments engaged in the retail sale of alcoholic beverages are subject to the locational requirements of Section 2.6.10 5.05.01) 13. Engineering,Accounting, Research, Management and Related Services (Groups 8711-8748) 14. Food Stores (Groups 5411-5499) 15. General Merchandise Stores (Groups 5311-S3z39) 16. Group Care Facilities (Category I and II);Care units except for homeless shelters and nursing home;subject to Section2,6465.05.04 up to 250 units. 17. Hardware Stores(Group 5251) 18. Health Services (Groups 8011 30 9) 19. Home Furniture, Furnishing and Equipment Stores (Groups 5712-5736) 20. Hotels and Motels(Group 7011) 21. Insurance Carriers,Agents and Brokers (Groups 6311-6399,6411) 22. Legal Services (Group 8111) 23. Libraries(Group 8231) 24. Management and Pubic Relations Services(Groups 8741-8743, 8748) 25. Membership Organizations(Groups 8611-8699) 26. Miscellaneous Personal Services (Groups 7211-7299 but not Turkish baths,tattoo parlors, steam baths and escort services) Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 17 of 25 27. Miscellaneous Repair Services (Groups 5551, 5571-5599, 7622-7699). 28. Miscellaneous Retail(Groups 5912-5921, 5932 but not secondhand clothing stores or pawnshops, Groups 5941-5963, 5992-5999). 29. Motion Picture Theatres (Group 7832) 30. Motor Freight Transportation and Warehousing(Group 4225 mini and self storage warehousing only) 31. Museums and Art Galleries(Group 8412) 32. Non-depository Credit Institutions(Groups 6111-6163) 33. Paint, Glass and Wallpaper Stores (Group 5231) 34. Personal Services (Groups 7212, 7215, 7217, 7219-7299) 35. Public Administration (Groups 9111-9199, 9229, 9311, 9411-9451, 9511-9562,9611-9661) 36. Real Estate(Groups 6512, 6531-6541) 37. Retail Nurseries, Lawn and Garden Supply Stores (Group 5261) 38. Security and Commodity Brokers, Dealer, Exchanges and Services(Groups 6211-6289) 39. Veterinary Services(Groups 0742, 0752,excluding outside kenneling) 40. Video Tape Rental (Group 7841) 41. Vocational Schools (Groups 8243-8299) 42. Multi-family dwellings. 43. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses,as determined by the Hearing Examiner or the Board of Zoning Appeals, by the process outlined in the LDC. 7.6 Accessory Uses 1. Uses and structures that are accessory and incidental to the permitted uses such as signage, entrance features, and stormwater management facilities. 7.7 Dimensional Standards for Permitted Uses Commercial Uses 1. Minimum Lot Area:Ten thousand (10,000)square feet. 2. Minimum Lot Width:One hundred (100)feet. 3. Minimum Yard Requirements: Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 18 of 25 c a. Front Yard:Twenty-five (25)feet. b. Side Yard: Fifteen (15)feet or one-half of the building height. c. Rear Yard:Twenty-five (25)feet or one-half of the building height. d. Any Yard abutting a residential parcel:Twenty-five (25)feet. e. See also Section 8.2.12 Transportation requirements of this ordinance pertaining to I- 75 setback requirements. 4. Maximum Height: Fifty (50)feet. 5. Minimum Floor Area:One thousand (1,000) square feet for each building on the ground floor. 6. Minimum Off-Street Parking and Off-Street Loading:As required in Section 2.3 Section 4.05.00, LDC, however shared parking between the primary retail facility and free standing uses shall be permitted throughout the site provided the total parking area shall meet or exceed minimum parking required for combined uses. Cross-easements for shared parking facilities are required for sharing parking facilities between uses. 7. Merchandise Storage and Display: Unless specifically permitted for a use, outside storage or display of merchandise is prohibited. 8. Landscaping shall be in accordance with Section 2.1 Section 4.06.00 of the LDC and the adopted Interchange Master Plan. 9. Signs shall be as required by Division 2.5 Section 5.06.00 of the LDC and the adopted Interchange Master Plan. 7.8 Special Use Consideration Boat Dealers Group 5551 are only permitted to display boats or similar merchandise in enclosed structures or to the rear of the principal structure behind a Type"B" Buffer as set forth in Section 4.06.02 Division 2.1 of the LDC,to provide screening and buffering to Collier Blvd. 7.9 Development Standards for Multi-family use Table 2: Development Standards for Multi-Family Use Permitted Uses and Standards Multi-Family Dwelling Minimum Lot Areas 1 AC Minimum Lot Width(1) 150 Front Yard 25 Side Yard(2) 0 or.6 BH Rear Yard Principal 25 Rear Yard Accessory 10 Maximum Building Height 50 Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 19 of 25 Distance Between Structures .5 BH Floor Area Min. (SF) 600 All distances are in feet unless otherwise noted. BH = Building Height SBH =Sum of Building Heights 1. Minimum lot width may be reduced by twenty(20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 2. Accessory uses such as pool enclosures may be attached to principal uses and may be set back five(5)feet from side or rear property lines. 3. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof,to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gable roofs. Accessory buildings shall be limited to twenty(20)feet above grade. 4. Group Care Facilities and Care Units including Adult Living Facilities shall be developed in conformance with the requirements of Section 5.05.04 of the Collier County Land Development Code. Development standards for Group Care Facilities and Care Units including Adult Living Facilities(ALF)shall be the same as provided for multi-family dwelling units in Table 1.The maximum number of units shall be two hundred fifty(250) units,subject to the Trip Cap provided in Section 8.2.6. 5. See also Section 8.2.5 Transportation Requirements of this Ordinance pertaining to 1-75 setback requirements. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 20 of 25 9C SECTION VIII - Development Commitments 8.1 Environmental Standards The purpose of this Section is to set forth the environmental commitments of the Project Developer. 1. Vegetative Preserve Areas depicted on the PUD Master Plan are permitted for open space and passive recreational use only.Vegetated preserve areas may be reconfigured provided all other applicable requirements of this Ordinance are met. All preservation areas shall be designated as Preservation Tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. 2. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. 3. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 3.05.07 of the Collier County LDC. For this site, a minimum of 15.12 acres of native vegetation shall be retained on site. 4. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site,with emphasis on the Preservation Area, shall be submitted to the Current Planning Section Staff for review and approval prior to Final Site Plan/Construction Approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. 5. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish &Wildlife Service(USFWS)and Florida Fish &Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Section Staff for review and approval prior to Final Site Plan/Construction Approval. 6. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. 8.2 Transportation Requirements The purpose of this Section is to set forth the transportation commitments of the project development. 1. The developer shall provide arterial level street lighting at the project entrance at the intersection of Collier Boulevard and the access casement into the property. Such lighting shall be in place prior to the issuance of any certificate of occupancy. 2. The road impact fee shall be as set forth in Road Impact Fee Ordinance 2000 56, and shall be paid at provided in this PUD ordinance. 3. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificate of occupancy arc issued. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 21 of 25 4. All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices a;, 5. Roads internal to the project to serve residential uses may be private at the option of the developer. C. The developer shall provide turn lanes at the project entrance on Collier Boulevard, prior to the �1. Within 30 days of the County's written request,Tthe developer owner shall make a fair share contribution towards the capital cost of traffic signals at the project entrance at Noah's Way and Magnolia Pond Drive when deemed warranted by the Transportation Services Director which is . These signals will be owned, operated and maintained by Collier County. 8. All land development activities and future transportation infrastructure improvements shall be demand (TDM)strategies. 92. Access roads and pedestrian connections into the commercial area shall be open to the public in order to facilitate shared access with commercially zoned lands to the north. 403. The PUD Master Plan depicts an area in the northeast comer of the property comprising± .22 acres that will be dedicated to Collier County for drainage improvements and the widening of Collier Boulevard. in exchange for impact fee credits in accordance with Ordinance 2000-56. Completed OR 4413 PG 3871. 444. The developer owner shall pay a fair share contribution toward the entire intersection improvements at Collier Boulevard and Magnolia Pond Drive. 445. The downer shall reserve an area sixty(60)feet in width from where the existing limited access right-of-way for Interstate 75 intersects with Collier Boulevard (County Road 951)on the same side as developer's property and parallel to the right-of-way,for the entire length of the developer's property as it existed at the time the PUD for the development was approved,for the potential future reconfiguration of this quadrant of the Interstate interchange.The reservation area may be credited by developer toward required vegetation preservation. Buildings shall maintain a seventy-five (75) foot structural setback from the existing Interstate 75 right-of-way, however, parking and drainage improvements and similar accessory uses may be located up to the edge of the reservation area. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419- Revised May 3, 2023 Page 22 of 25 9C At such time as the Florida Department of Transportation implements plans for the widening of Interstate 75 in its Three-Year Work Program, and should an area less than the sixty (60)foot reservation area be needed,the developer may reduce the structural setback from Interstate 75 to a lesser amount, subject to the maintenance requirements that may be in place at the time of such action and with the express approval of the Collier County Development Services and Transportation Divisions. However, a minimum of fifteen (15)feet shall be provided from the future Interstate 75 right-of-way. This mitigation is in addition to needed right-of-way provided for the widening of Collier Boulevard, the provision of drainage improvements for the same, and shared access and a fair share contribution to improvements to the intersection of Magnolia Pond Drive and Collier Boulevard to facilitate improved access throughout the general area. 6. Trip Cap.The maximum total daily trip generation for the PUD shall not exceed 800 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. 8.3 Utility Requirements 1. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project a and regulations. 2. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of taccordance with the County's. established rates. Should the County not be in a position to provide sewer service to the project,the serve the project until the County's off site sewer facilities-are available to serve the project. 3. Prior to approval of construction documents by the County,the developer must present verification, 'ect until the County can provide these services through its sewer facilities. 4. The utility construction documents for the project's sewage system shall contain the design and copneetcd a pump station with t th C ty's nt.-aim facilitiess available. 5. Prior to or at the time of submission of construction plans and the final plat for the project,the potable water supply from serve this project shall be installed adjacent to the property and be in service. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 23 of 25 At the time of application for subdivision Plans and Plat(PPL)and/or Site Development Plan (SDP)approval, as the case may be, offsite improvements and/or upgrades to the wastewater collection/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so,the exact nature of such improvements and/or upgrades shall be determined during PPL or SDP review.Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. Off-Site Utilities Improvements: 1. Water At first SDP,the existing off-site water facilities of the Collier County Water-Sewer District("District") must be evaluated by developer for hydraulic capacity to serve this project and reinforced as required by developer, if necessary,consistent with the county's Water Master Plan to ensure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. 2. Sewer At first SDP,the existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity by developer to serve this project and improved by developer as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 8.4 Engineering Requirements 1. Detailed paving,grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading,site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. 2. A copy of the SFWMD Surface Water Management Permit must be received by the Development Services staff prior to any construction drawing approvals. 3. Subdivision of the site shall require platting in accordance with Section 34 10.02.04 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. 4. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to Preliminary Subdivision Plat,Site Development Plan and any other applications that will result in the issuance of a final development order. 8.5 Water Management Requirements The purpose of this Section is to set forth the water management commitments of the project developer. 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O 1 •'• oFNzwZzw' ginoaZm o3v0ia ItV1- W l7 I I 1' oZo oomEw� . _ 'Ja tC W 9 W O'n O d > _J '.�4'•Ja.',I..•. .y � Q m i i fn •V .' •3 o , z W'aO QW I=. -WaaNZ W *¢ � Q m3 4 Or azrzoowu WQZZg- QOd� ?a . s y t. W>Ngm .oazLL,WWarn=0 og H i�l.Oib ao zgza2voiwm mroa m Wm¢OQxUi�ow0l=-5p> rzQw 2 __ _••--sizi�u. ia..:_u •3��-uy.��...�. W za Vlozmo_ OZW OZ.zQ00O x 4100, _ • . •.� __-._-0-20 W n mz i W W wa W W 4=Ua W _-. - -- NS-0d tact-WO 6.V QO aO�w Om w4 V Cr iG�aHZN w CM'0d'6R'tltl N3raSr3 DX'/AalNVll W N r-1 w O O O 2 w \ w\ 1Hn1Cld.00 OM MOW}.WNViNI,S. f O W 2 LL to W 1,O W W O U,_O W `j ' OZ w W Q W�WIQ 27 X 2 W 7 w 22 Se' zg>In lnzvls3.oxl-mWy y��O ar 1. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty(20)feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. 2. Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.1.7.3 4.06.02 of the LDC. 3. The wet season water table elevation shall be established at the time of South Florida Water Management District permitting, which is required for the subject property. 4. An existing thirty(30)foot drainage easement located along the western boundary of the project shall be increased to forty-five (45)feet to accommodate the existing canal and maintenance access and shown on the final plat. 5. The proposed stormwater management system for the project shall provide for the six-lane condition of Collier Boulevard runoff. 6. A surface water management permit must be obtained from the SFWMD prior to any subdivision or site plan approval. 8.6 Miscellaneous 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. All other applicable state or federal permits must be obtained before commencement of the development. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised May 3, 2023 Page 25 of 25 Crystal K. Kinzel 9 `► C`�Cv�T COURT Collier County �� °� Clerk of the Circuit Court and Comptroller ° ° 3315 Tamiami Trail East, Suite 102 A Naples, Florida 34112-5324 May 17, 2023 Philip DiMaria 1775 Main Street suite 200 Sarasota, FL 34236 Re: PL20210000419, Collier Boulevard Mixed-Use Commerce Center Dear Petitioner, Please be advised the above referenced petition will be considered by the Collier County Board of County Commissioners, on Tuesday, June 13, 2023. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, May 24, 2023. You are invited to attend this public hearing. Sincerely, CRYSTAL KINZEL, CLERK Jennifer Hansen, Deputy Clerk Enclosure Phone-(239)252-2646 Fax-(239) 252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com ,9fC NDN Acct #323534 May 17, 2023 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: (Display ad w/ map) Dear Legal: Please advertise the above referenced Notice on Wednesday, May 24, 2023, and send the affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Jennifer Hansen, Deputy Clerk P.O. #4500220085 C Jennifer Hansen From: Jennifer Hansen Sent: Wednesday, May 17, 2023 8:56 AM To: Naples Daily News Legals Subject: Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 Attachments: Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419.docx; Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419.pdf; Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419.docx Good afternoon The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspa4 e advertisements appear. Thank you, Jennifer Hansen BMR&VAB Deputy Clerk couR Office: 239-252-8406 Fax: 239-252-8408 E-mail: iennifer.hansen@CollierClerk.com Office of the Clerk of the Circuit Court * * &Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 `"tNri-F. Naples, FL 34112 www.CollierClerk.com i 9C Jennifer Hansen From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Wednesday, May 17, 2023 8:56 AM To: Jennifer Hansen Subject: DO NOT REPLY External Message. Please use caution when opening attachments, clicking links,or replying to this message. New Deadlines are in effect for many of our publications. Please inquire for details. This is an auto generated email, please do not reply. The legal department has received your email and will be processing your notice as soon as possible. We will provide a proof as well as publication dates, cost and payment requirements prior to the notice running. All Legal/Public Notices will be processed for the desired publication if received by deadline. Office Hours: Monday— Friday 8:00 am -5:00 pm CST/EST Thank you for your business. Gannett Legal/Public Notice Department i Jennifer Hansen From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Wednesday, May 17, 2023 11:16 AM To: Jennifer Hansen Subject: RE: 02944681 Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Received and processing — please wait for proof Thanks! Public Notices Team * LocaliQ I •NETW USA TORKY Office: 844-254-5287 From:Jennifer Hansen <jennifer.hansen@collierclerk.com> Sent: Wednesday, May 17, 2023 7:56 AM To: NDN-Legals<legals@naplesnews.com> Subject:02944681 Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 Good afternoon The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear_ Thank you, 1 Jennifer Hansen 9 C BMR&VAB Deputy Clerk Office: 239-252-8406 .$`-` °2, Fax: 239-252-8408 et-4 E-mail: jennifer.hansen@CollierClerk.com 7-3 Office of the Clerk of the Circuit Court * * & Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 - Naples, FL 34112 www.CollierClerk.com This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com and delete the email. Under Florida Law, email addresses are public. 2 9C Jennifer Hansen From: noreply@salesforce.com on behalf of Jennifer Dewitt <jldewitt@gannett.com> Sent: Friday, May 19, 2023 3:40 PM To: ganlegpubnotices4@gannett.com;Jennifer Hansen Subject: Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 Attachments: adGC11063218rev.pdf External Message: Please use caution when opening attachments, clicking links,or replying to this message. Hello, We have your proof ready for your review (attached), please see the ad run details below as well- Ad#- GCI1063218 10/P0- PUD PL20210000419 Publication - naples news Section - Main/ROP Size - 1/4 page Run Date(s) - 5/24 Affidavit -yes Total - $1,008.00 Please let me know any needed updates/changes or if this can be approved as is. Please Note:The deadline for approval is 5/23/2023 3:00 PM EST. Thank You Jennifer DeWitt Account Coordinator I SMB-Legals jldewitt@gannett.com ref:_00 D E0J 6 ks._5002 S 1Ytlq D:ref 1 9C Jennifer Hansen From: Jennifer Hansen on behalf of Minutes and Records Sent: Friday, May 19, 2023 3:52 PM To: 'GMDZoningDivisionAds'; Minutes and Records Cc: RodriguezWanda; FinnTimothy; philip.dimaria@kimley-horn.com; MiceliSuzanne; PadronAilyn;YoungbloodAndrew Subject: RE: 6/13 BCC Ad Request for Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 Attachments: adGC11063218rev.pdf Good afternoon Attached is a copy of the ad proof and below is the estimate. Ad#- GC11063218 10/P0 - PUD PL20210000419 Publication - naples news Section - Main/ROP Size - 1/4 page Run Date(s) - 5/24 Affidavit-yes Total - $1,008.00 Thank you Jennifer Hansen BMR&VAB Deputy Clerk 4`u} �:kr�,r Office: 239-252-8406 Lt. Fax: 239-252-8408 E-mail: iennifer.hansen@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 1 3299 Tamiami Trail E, Suite#401 Naples, FL 34112 www.CollierClerk.com From: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Sent:Tuesday, May 16, 2023 4:26 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: RodriguezWanda<Wanda.Rodriguez@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; philip.dimaria@kimley-horn.com; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; MiceliSuzanne <Suzanne.Miceli@colliercountyfl.gov>; PadronAilyn <Ailyn.Padron@colliercountyfl.gov>;YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Subject: 6/13 BCC Ad Request for Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 1 C Greetings, Minutes& Records, Attached is an Ad Request for Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 for the June 13, 2023 BCC hearing that needs to run on May 24tn Thank you! Suzanne Miceli Operations Analyst I Zoning Division suzanne.miceli@colliercountyfl.gov 239-252-7411 Collier County Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 t Jennifer Hansen From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Monday, May 22, 2023 3:16 PM To: Minutes and Records; GMDZoningDivisionAds;Jennifer Hansen Cc: RodriguezWanda; FinnTimothy; philip.dimaria@kimley-horn.com; PadronAilyn; YoungbloodAndrew; BradleyNancy;YoungbloodAndrew Subject: RE: 6/13 BCC Ad Request for Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 Attachments: RE:AD PROOF for your approval: 6/13 BCC Ad Request for Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419; RE: AD PROOF *TIME SENSITIVE*for Your Approval: 6/13 BCC Collier Blvd Mixed-Use Commerce Center PUD PL20210000419 This ad has been approved. Thank you! Suzanne Miceli Operations Analyst l Zoning Division suzanne.miceli@colliercountyfl.gov 239-252-7411 Collier County From:Jennifer Hansen <jennifer.hansen@collierclerk.com>On Behalf Of Minutes and Records Sent: Friday, May 19, 2023 3:52 PM To: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; Minutes and Records <MinutesandRecords@collierclerk.com> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; philip.dimaria@kimley-horn.com; MiceliSuzanne <Suzanne.Miceli@colliercountyfl.gov>; PadronAilyn <Ailyn.Padron@colliercountyfl.gov>;YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov> Subject: RE: 6/13 BCC Ad Request for Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 EXTERNAL EMAIL This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good afternoon Attached is a copy of the ad proof and below is the estimate. Ad#- GC11063218 10/P0 - PUD PL20210000419 Publication - naples news Section - Main/ROP Size - 1/4 page Run Date(s) - 5/24 1 9 C Jennifer Hansen From: DiMaria, Philip <Philip.DiMaria@kimley-horn.com> Sent: Monday, May 22, 2023 3:13 PM To: GMDZoningDivisionAds Cc: FinnTimothy; MiceliSuzanne; PadronAilyn; YoungbloodAndrew; todd.mathes@benderson.com Subject: RE:AD PROOF *TIME SENSITIVE*for Your Approval: 6/13 BCC Collier Blvd Mixed-Use Commerce Center PUD PL20210000419 Follow Up Flag: Follow up Flag Status: Flagged EXTERNAL EMAIL This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. This looks good to me.Thanks Suzanne. Philip DiMaria, AICP, CNU-A Kimley-Horn 11777 Main Street Suite 200 Sarasota, FL 34236 Direct: 941.379.7636 I Mobile:941.592.5172 OUT OF OFFICE 5/29—6/2 From: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Sent: Monday, May 22, 2023 11:11 AM To: DiMaria, Philip <Philip.DiMaria@kimley-horn.com> Cc: FinnTimothy<Timothy.Finn@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; MiceliSuzanne <Suzanne.Miceli@colliercountyfl.gov>; PadronAilyn <Ailyn.Padron@colliercountyfl.gov>; YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov> Subject:AD PROOF *TIME SENSITIVE* for Your Approval: 6/13 BCC Collier Blvd Mixed-Use Commerce Center PUD PL20210000419 Good morning, Mr. DiMaria, We are looking for your approval or any revisions you would like to request for this ad proof. If you do have revision requests, please include them in your response to this email. This ad needs to run this Wednesday, May 24th, so your response is time sensitive. *This is time sensitive. We appreciate your response today Suzanne Miceli Operations Analyst l Zoning Division suzanne.miceli@colliercountyfl.ggov 239-252-7411 Collier County 1 C Jennifer Hansen From: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Sent: Friday, May 19, 2023 4:00 PM To: GMDZoningDivisionAds; philip.dimaria@kimley-horn.com Cc: PadronAilyn; MiceliSuzanne;YoungbloodAndrew Subject: RE:AD PROOF for your approval: 6/13 BCC Ad Request for Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 Follow Up Flag: Follow up Flag Status: Flagged Approved From: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Sent: Friday, May 19, 2023 3:56 PM To: FinnTimothy<Timothy.Finn@colliercountyfl.gov>; philip.dimaria@kimley-horn.com Cc:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; PadronAilyn <Ailyn.Padron@colliercountyfl.gov>; MiceliSuzanne<Suzanne.Miceli@colliercountyfl.gov>; YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Subject:AD PROOF for your approval: 6/13 BCC Ad Request for Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 Attached is the Ad Proof for your approval. Please send any revisions in writing in response to this email. Thank you, Suzanne Miceli Operations Analyst I Zoning Division suzanne.miceli@colliercountyfl.gov 239-252-7411 Collier County From:Jennifer Hansen<lennifer.hansen@collierclerk.com>On Behalf Of Minutes and Records Sent: Friday, May 19, 2023 3:52 PM To: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; Minutes and Records <MinutesandRecords@collierclerk.com> Cc: RodriguezWanda<Wanda.Rodriguez@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; philip.dimaria@kimley-horn.com; MiceliSuzanne<Suzanne.Miceli@colliercountyfl.gov>; PadronAilyn <Ailyn.Padron@colliercountyfl.gov>;YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov> Subject: RE: 6/13 BCC Ad Request for Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 EXTERNAL EMAIL. This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. i 9C Jennifer Hansen From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday, May 22, 2023 3:57 PM To: Minutes and Records Cc: GMDZoningDivisionAds;YoungbloodAndrew; MiceliSuzanne; PadronAilyn; FinnTimothy Subject: proof approval: 6/13 BCC - Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 Attachments: adGC11063218rev.pdf; RE: 6/13 BCC Ad Request for Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 Attorney approval is below, and staff and applicant approvals are attached. Thank you, Wanda Rodriguez, ACT, CPM Office of the County .Attorney (239) 252-8400 LER71 F/f0 ACPI program COLLIFRCOU�T1� VICE Certified Public Manager From:AshtonHeidi <Heidi.Ashton@colliercountyfl.gov> Sent: Friday, May 19, 2023 4:11 PM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Cc:CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov> Subject: RE: proof for approval: 6/13 BCC-Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 Approved. Thank you! I-te�d�Ashtow-c(.cleo Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-2773 From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, May 19, 2023 3:59 PM To:AshtonHeidi <Heidi.Ashton@colliercountyfl.gov> Cc: CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov> Subject: proof for approval: 6/13 BCC-Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 Heidi, i � C For your approval. Wanda Rodriguez, MCP, CPNI Office of the County Attorney (239) 252-8400 LERTIFitt) pp ' ®1� r .oaions ACP Clan FUMY COUNTY G1 program L►1 COWER SINCE Certified Public Manager From:Jennifer Hansen<jennifer.hansen@collierclerk.com>On Behalf Of Minutes and Records Sent: Friday, May 19, 2023 3:52 PM To: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.Rov>; Minutes and Records <MinutesandRecords@collierclerk.com> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.Rov>; FinnTimothy<Timothy.FinnCc@colliercountyfl.gov>; philip.dimaria@kimley-horn.com; MiceliSuzanne<Suzanne.Miceli@colliercountyfl.gov>; PadronAilyn <Ailyn.Padron@colliercountyfl.gov>;YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov> Subject: RE: 6/13 BCC Ad Request for Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good afternoon Attached is a copy of the ad proof and below is the estimate. Ad#- GC11063218 10/P0- PUD PL20210000419 Publication - naples news Section - Main/ROP Size - 1/4 page Run Date(s) - 5/24 Affidavit- yes Total - $1,008.00 Thank you 2 9C Jennifer Hansen BMR&VAB Deputy Clerk `vs,;n co% Office: 239-252-8406 ue Fax: 239-252-8408 �� E-mail: jennifer.hansen@CollierClerk.com Office of the Clerk of the Circuit Court * * &Comptroller of Collier County r'l�,F. �,OS 3299 Tamiami Trail E, Suite#401 "c" ""` Naples, FL 34112 www.CollierClerk.com From: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Sent:Tuesday, May 16, 2023 4:26 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; philip.dimaria@kimley-horn.com; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; MiceliSuzanne <Suzanne.Miceli@colliercountyfl.gov>; PadronAilyn <Ailyn.Padron@colliercountyfl.gov>; YoungbloodAndrew <Andrew.Youngblood @colliercountyfl.gov> Subject: 6/13 BCC Ad Request for Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 Greetings, Minutes& Records, Attached is an Ad Request for Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 for the June 13, 2023 BCC hearing that needs to run on May 24tn Thank you! Suzanne Miceli Operations Analyst I Zoning Division suzanne.miceli@colliercountyfl.gov 239-2255►2-7411 Collier County Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com and delete the email. Under Florida Law, email addresses are public. 3 C Jennifer Hansen From: Jennifer Hansen Sent: Monday, May 22, 2023 4:02 PM To: 'Jennifer Dewitt; ganlegpubnotices4@gannett.com Subject: RE: Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 This Ad has been approved. Thank you Jennifer Hansen BMR&VAB Deputy Clerk °tRr Office: 239-252-8406 Fax: 239-252-8408 E-mail: iennifer.hansen@CollierClerk.com Office of the Clerk of the Circuit Court * * &Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 `0,Nre.t- Naples, FL 34112 www.CollierClerk.com From: noreply@salesforce.com <noreply@salesforce.com>On Behalf Of Jennifer Dewitt Sent: Friday, May 19, 2023 3:40 PM To: ganlegpubnotices4@gannett.com;Jennifer Hansen <jennifer.hansen@collierclerk.com> Subject: Collier Boulevard Mixed-Use Commerce Center PUD PL20210000419 External Message Please use caution when opening attachments,clicking links, or replying to this message. Hello, We have your proof ready for your review (attached), please see the ad run details below as well- Ad#- GC11063218 IO/PO - PUD PL20210000419 Publication - naples news Section - Main/ROP Size - 1/4 page Run Date(s) - 5/24 Affidavit-yes Total - $1,008.00 Please let me know any needed updates/changes or if this can be approved as is. Please Note:The deadline for approval is 5/23/2023 3:00 PM EST. 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office �/'1�/� ( _0/r„ , 2_3 4. BCC Office Board of County L �[J Commissioners /,5� 0035. Minutes and Records Clerk of Court's Office fjflf b_t 1 �/9, PRIMARY CONTACT INFORMATION U v Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Timothy Finn Phone Number 239-252-4312 Contact/ Department Growth Management Department Agenda Date Item was June 13,2023 Agenda Item Number 1.4 Cr Approved by the BCC l-)A 00A t0 Type of Document Ordinance ?..0.2 Number of Original 1 Attached 7 Documents Attached PO number or account u I Q number if document is 71 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? no 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be TF signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the TF document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TF signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip TF should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6-13-2023 and all changes made during IA:110 the meeting have been incorporated in the attached document. The County 07 Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the \C +• +! Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 9C ORDINANCE NO. 2023- 31 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2001-10, THE COLLIER BOULEVARD MIXED USE COMMERCE CENTER PLANNED UNIT DEVELOPMENT (PUD), TO INCREASE THE MAXIMUM NUMBER OF DWELLING UNITS BY 413 FOR A TOTAL OF 846 DWELLING UNITS FOR THE PUD; BY CHANGING THE COMMERCIAL TRACT TO THE COMMERCIAL TRACT-MIXED USE TO ALLOW 413 MULTI-FAMILY DWELLING UNITS IN ADDITION TO THE ALLOWED COMMERCIAL USES; BY REVISING THE MASTER PLAN; AND REVISING DEVELOPMENT STANDARDS. THE SUBJECT PROPERTY IS LOCATED IN THE ACTIVITY CENTER #9 OVERLAY AND WITHIN SPECIAL TREATMENT WELLFIELD ZONE 4 (ST/W-4), WEST OF COLLIER BOULEVARD AND SOUTH OF MAGNOLIA POND DRIVE; IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 70.00± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210000419] WHEREAS, on March 13, 2001, the Board of County Commissioners approved Ord. No. 2001-10, which created the Collier Boulevard Mixed Use Commerce Center Planned Unit Development ("PUD"); and WHEREAS, on August 9, 2019, the Hearing Examiner by HEX No. 2019-36 approved a request to amend the Master Plan by reconfiguring the preserve and the site design for the residential tracts for property located in the northwest quadrant of I-75 and Collier Boulevard; WHEREAS, Philip DiMaria, AICP, CNU-A of Kimley-Horn and Associates, Inc. representing VICTORIA ESTATES, LTD; NEW MAGPOND A, LLC; NEW MAGPOND, LLC; NEW MAGPOND-A, LLC; NEW MAGPOND-B, LLC ET AL, and MAGNOLIA NAPLES APARTMENTS, LLC, petitioned the Board of County Commissioners to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: [21-CPS-02152/1798232/1] 169 Collier Boulevard Mixed Use/PL20210000419 1 of 2 6-14-23 � c SECTION ONE: Zoning Classification. The PUD Document attached to Ordinance No. 2001-10, is hereby amended in accordance with the revised PUD Document, attached hereto as Exhibit A and incorporated by reference herein. SECTION TWO: 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 I day of J U r'i�_ , 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: Attest as to Chairman eputy Clerk Rick LoCastro, Chairman signature only This ordinance filed with tha Approved as to form and legality: S:cxetary of Stote's Offi-o tf, ��1 day of .— a aodgem of '�-- filinnd,�,received this l?ent -• day of A --, 3• Heidi Ashton-Cicko By Managing Assistant County Attorney Deputy `lark Attachments: Exhibit A - PUD Document [21-CPS-02 1 52/1 798232/1] 169 Collier Boulevard Mixed Use/PL20210000419 2 of 2 6-14-23 9C Collier Boulevard Mixed-Use Commerce Center—20230 A Planned Unit Development Approximately 70 Acres Section 34 Township 49 South, Range 26 East Collier County, Florida Prepared for: Victoria Estates LTD ET AL New Magpond A LLC ET AL 8441 Cooper Creek Blvd University Park, FL 34201 Prepared by: Kimley-Horn and Associates 1777 Main Street Suite 200 Sarasota, FL 34236 HOLE MONTES INC 950 Encore Way Naples, FL 34110 Mm Project 199211Y AND YOUNG, VAN ASSENDERP, V 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 July 2000 Reused September 2000 Reused October 2000 Reused January 2001 Reused February 2001 Text added is underlined, text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 1 of 25 9C Contents SECTION I -Statement of Compliance 3 SECTION II - Property Ownership, Legal Description, Short Title and Statement of Unified Control 5 SECTION III -Statement of Intent and Project Description 6 SECTION IV- General Development Regulations 7 SECTION V- Preserve Area Requirements 12 SECTION VI - Permitted Uses and Dimensional Standards for Residential Dcv District 13 SECTION VII - Permitted Uses and Dimensional Standards for the Commercial Mixed Use Development District 16 SECTION VIII - Development Commitments 21 EXHIBITS Exhibit A—Amended 411.1-O Master Plan 27 Exhibit B—Legal Description 29 Exhibit C—Legal Description for Lot 2 30 Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 2 of 25 9C SECTION I - Statement of Compliance The development of 70.2 acres of property in Section 34,Township 495, Range 26E Collier County, Florida, as a Planned Unit Development to be known as the Collier Boulevard Mixed-Use Commerce Center PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan.The residential and commercial components of the project will be consistent with growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The property is a mixed-use Planned Unit Development located within Activity Center#9 revised under the EAR based GMP Future Land Use Element Amendment.The proposed gross density of sixteen (16)ten (10)dwelling units per acre is consistent with the Future Land Use Element of the Collier County Growth Management Plan which allows up to sixteen (16) units per acre within Activity Centers.The total number of dwelling units proposed is four hundred and thirty three (433)on 43.3 acres proposed for residential use. Commercial uses are permitted within the Activity Center and, therefore, are also consistent with the Future Land Use Element. 2. The project shall be consistent with the adopted Activity Center#9 Interchange Master Plan. 3. The subject property's location in relation to the existing or proposed community facilities and services supports the development's residential density and commercial uses as required in Objective 2 of the Future Land Use Element. 4. The proposed development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.46 of the Future Land Use Element. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 6. The proposed development will result in an efficient and economical extension of community facilities and services as required in PoliciesPoti-eies-3,1,1=1,-a-Rel-3,1,L,Objective 2 of the Future Land Use Element. 7. The project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1,5 of the Drainage Stormwater Management Sub-Element of the Public Facilities Element. Text added is underlined, text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 3 of 25 9C 8. All final Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 Chapter 6 of the Land Development Code Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 4 of 25 C SECTION II - Property Ownership, Legal Description, Short Title and Statement of Unified Control 2.1 Property Ownership The Auto Vehicle Parts Company currently owns the subject property. Magnolia Naples Apartments LLC and Richman Naples Development Partners, LLC own the Residential Tracts. Victoria Estates LTD and New Magpond A LLC ET AL own the Commercial Mixed-Use Tracts. 2.2 Legal Description Section 34,Township 49 South, Range 26 East, Collier County, Florida, and, more particularly, described in Exhibit "B"Exhibit B. 2.3 General Description of Property The property is located in the northwest quadrant of Collier Boulevard and 1-75. 2.4 Physical Description The subject property is vacant at the time of the application for rezoning.This site currently drains from the northeast to the southwest. Soil types on the site are (I 4) Pineda Fine Sand, Limestone Substratum and (21) Boca Fine Sand. The property is located in Flood Zone X. The zoning classification prior to the date of this PUD was Agricultural (A). 2.5 Short Title This ordinance shall be known and cited as the "Collier Boulevard Mixed-Use Commerce Center Planned Unit Development Ordinance". 2.6 Statement of Unified Control This statem-ent repfesents-that th-e euffent property ewner ' if• l f t1 of obtaining PUD zoning on the subject property. Development of this Planned Unit Development will occur in accordance with the Planned Unit Development regulations contained herein and any conditions approved Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 5 of 25 9C SECTION III - Statement of Intent and Project Description 3.1 Introduction It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in Section 2.2.20 2.03.06 of the Collier County Land Development Code (LDC).The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 Project Description The project contains 70.2 acres and comprises a mix of two hundred and seventy thousand (270,000) square feet of gross leaseable floor area for retail and office uses on 25.3 acres, and a maximum of 846 dwelling units for the PUD. The project al,o proposes four hundred and thirty-three (433) dwelling units based on a gross density of ten (10) dwelling units on 43.3 acres proposed for residential use within areas labeled Residential on the PUD Master Plan (Exhibit A) amongst other uses set forth in the PUD document. And within areas designated Commercial Mixed Use by Exhibit A, approximately 25.3 acres,four hundred thirteen (413) dwelling units are proposed, based on a gross density of 16 units per acre in accordance with the Collier County Growth Management Plan. Access will be provided from an existing easement, which intersects with Collier Boulevard north of the subject property and also provides access to adjoining properties to the north and west of the subject property. The project's proximity to 1-75 and Collier Boulevard provides convenient access for both proposed commercial and residential uses. 3.3 Land Use Plan and Project Phasing A. The PUD Master Plan provides for areas of commercial and residential use,water management areas, and retained vegetation area and road rights of way as depicted on Exhibit "A".The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of Site Development Plan and permitting approval, based on compliance with all applicable requirements of this Ordinance,the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. The anticipated time of build-out of the project is approximately six (6) years from the time of issuance of the first building permit, or 2006. However, actual build-out will depend on market conditions. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 6 of 25 9C SECTION IV - General Development Regulations The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Collier Boulevard Mixed-Use Commerce Center Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Collier Boulevard Mixed-Use Commerce Center shall be in accordance with the contents of this document,the PUD Planned Unit Development District, the adopted Activity Center#9 Interchange Master Plan (IMP) and other applicable sections and parts of the Collier County Land Development Code (LDC) and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Collier Boulevard Mixed-Use Commerce Center shall become part of the regulations that govern the manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Chapter 6, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval,final plat approval, or building permit issuance applicable to this development. E. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval. 4.3 Easements for Utilities Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 7 of 25 9C Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County shall be given a credit for open space and the retention of native vegetation. 4.4 Amendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 10.02.13 of the Collier County LDC, in effect at the time the amendment is requested. 4.5 Project Plan Approval Requirements Exhibit Ay4", the Amended PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat(if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the Subdivision Regulations set forth in Section 3.2 of the LDC. Prior to the recording of the Final Subdivision Plat, when required by the Subdivision Regulations set forth in Section 3,2, 10.02.04 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan,the County Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 10.02.03 3,37 Site Development Plans, shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3,310.02.03 shall be applicable to the development of all tracts as shown on the PUD Master Plan. 41.6 Provision for Offsite Removal of Earthen Material otherwise develop water bodies is hereby permitted. If,after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC Article IV of the County's Code of Ordinances, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 8 of 25 9c B. A timetable to facilitate said removal shall be submitted to the Development Services Manager for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Scction 3.5 of the LDC Article IV are applicable. 4.76 Sunset and Monitoring ProvisionsPUD Monitoring The Collier Boulevard Mixed Use Commerce Canter PUD shall be subject to Section 2 7 3.4 of the LDC, Time . . . , . 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 New Magpond A LLC et al. 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 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. 4.87 Polling Places Polling places shall be provided in accordance with Section 2.01.04 3.2.8.3.14 of the Collier County Land Development Code. 4.98 Native Vegetation The project will meet the requirements of Section 3.05.00 Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. Vegetated areas designed to preserve native vegetation may be provided for in the residential or commercial portion of the project and may be reconfigured at the time of Final Plat or Site Plan Approval based on preparation of more detailed plans. 4.1-99 Open Space In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be allocated within each subsequent development area. Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 4.02.01 of the LDC. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 9 of 25 9C 4.4410 Archaeological Resources The developer shall be subject to the provisions of Section 2.03.07.E Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. 4.4-211 Common Area Maintenance Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. 4.4312 Architectural and Site Design Standards Development of commercial uses shall meet the requirements of Section 5.05.08 Architectural and Site Design Standards of the LDC, including the requirements of the adopted Activity Center#9 Interchange Master Plan. 4.4-413 Signage All signage shall be in accordance with the adopted Activity Center#9 Interchange Master Plan and Section 2.5 of the Collier County Land Development Code, as applicable. However, two (2) Identification Signs are permitted along the Collier Boulevard road frontage to identify the residential component of the project. Each sign may be thirty-two (32) square feet in area or sixty-four(64) square feet combined. 4.4-514 Off Street Parking and Loading All off street parking and loading shall be in accordance with Division 2.3 Section 4.05.00 of the Collier County Land Development Code and the adopted Activity Center#9 Interchange Master Plan, as applicable. 4.4-615 Landscaping All landscaping shall be in accordance with the requirements of Division 2.4 Section 4.06.00 of the Collier County Land Development Code and the adopted Activity Center#9 Interchange Master Plan. 4.4416 Miscellaneous "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 Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 10 of 25 C violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development." Text added is underlined, text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 11 of 25 9C SECTION V - Preserve Area Requirements 5.1 PURPOSE The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A", the previously adopted PUD Master Plan. 5.2 PERMITTED USES Clearing for permitted uses is allowed provided that a minimum of 15.12 acres of native vegetation is retained within the PUD. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures: A. Permitted Principal Uses and Structures: 1. Passive recreation areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Preserve Areas, after the appropriate environmental review. 6. Any other use deemed comparable in nature by the Development Services Director. Text added is underlined, text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 12 of 25 9C SECTION VI - Permitted Uses and Dimensional Standards for Residential DcvelopmentDistrict 6.1 Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the Collier Boulevard Mixed-Use Activity Center designated for residential development In the Residential District on the Amended PUD Master Plan, Exhibit "A". 6.2 Maximum Dwelling Units Four hundred and thirty-three (433) dwelling units are permitted icr Boulevard Mixed Use Commerce Center based on a gross density often (10) dwelling units per acre for 43.3 acres designated "R" on the PUD Master Plan. 6.3 General Description The Amended Pia Master Plan, Exhibit A designates4 the following uses for the general use designations on said Master Plan. TRACT ACRES PERCENTAGE 1. COMMERCIAL/MIXED USE TRACTS 25.3 36% 2. RESIDENTIAL TRACTS* 43.3 61% 3. RIGHTS-OF-WAY 1.6** 3% TOTAL 70.2 100% * Includes water management and vegetation to be retained. **Commercial right-of-way only. The approximate acreage of residential areas in the R District is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Final Subdivision Plat approval in accordance with Article 3, Division 3.3 Section 10.02.03, and Division 3.2Section 10.02.04, respectively, of the Collier County Land Development Code. Residential areas are designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses typically found in residential areas. 6.4 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: Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 13 of 25 9C 1. Principal Uses: (a) Single Family Detached Dwellings (b) Zero-Lot Line Dwellings (c) Two-family and Duplex Dwellings (d) Single Family Attached and Townhouse Dwellings (e) Multi-Family Dwellings, including Garden Apartments (f) Adult or Assisted Living Facilities (g) Development Services Director determines to be compatible with residential uses. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the hearing Examiner or the Board of Zoning Appeals, by the process outlined in the LDC. 2. Accessory Uses and Structures (a) Accessory uses and structures customarily associated with principal residential uses permitted in this District, including recreational facilities, maintenance facilities and clubhouse. 6.5 Development Standards Table 1: Development Standards For Residential Areas-District Permitted Uses and Standards Single-Family Zero Lot Two Family& Single Family Multi-Family Detached Line Duplex Attached and Dwelling R Townhouse Minimum Lot Areas 6,000 S.F. 3,500 S.F. 3,500 S.F.(1) 3,000 S.F. per du. 1 AC Minimum Lot Width(2) 60 35 35 30 150 Front Yard 25(5)(8) 15 15 20 25 Side Yard[ 7.5(8) 0 or 12(4) 0 or 6 0 or 12 0 or.6 BH Rear Yard Principal 20(8) 10 15 20 25 Rear Yard Accessory 10 5 5 10 10 Maximum Building Height 35 35 35 35 35/50(9) Distance Between Structures N/A N/A N/A 10 %z SBH, but no less than 15 Floor Area Min. (SF) 1,200 1,200 1,200 1,000 600 Preserve setback 25/10(10) All distances are in feet unless otherwise noted. BH = Building Height SBH = Sum of Building Heights 1. Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum lot area of seven thousand (7,000) square feet. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 14 of 25 9C 2 Minimum lot width may be reduced by twenty(20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 3. Accessory uses such as pool enclosures may be attached to principal uses and may be set back five (5) feet from side or rear property lines. 4. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a twelve (12) foot side yard. 5. Single-family dwellings which provide for two (2) parking spaces within an enclosed garage and provide for guest parking other than private driveways may reduce front yard requirements to five (5) feet for the garage and fifteen (15)feet for the remaining structures. Side entry garage setbacks may be reduced to twelve (12)feet. 6. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty (20)feet above grade. 7. Adult Living Facilities shall be developed in conformance with the requirements of Section 2.6.26 5.05.04 of the Collier County Land Development Code. Development standards for Adult Living Facilities shall be the same as provided for multi-family dwelling units in Table 1. The maximum number of Adult Living Facilities shall be two hundred fifty (250) units. For each acre of ALF use developed on the subject property, ten (10) multi family dwelling units per acre will be subtracted from the maximum number of dwelling units permitted., subject to the trip cap in 8.2.6. 8. See also Section 8.2. 5 Transportation Requirements of this Ordinance pertaining to 1-75 setback requirements. 9. 50' zoned height and 58' actual height applies to the 4.49± acre parcel described in Exhibit C, Legal Description for Lot 2. 10. 25' for principal structures and 15'for accessory structures applies to the 4.49±acre parcel described in Exhibit C, Legal Description for Lot 2. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 15 of 25 9 C SECTION VII - Permitted Uses and Dimensional Standards for the Commercial Mixed Use Development District 7.1 Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the Collier Boulevard Mixed-Use Commerce Center designed for commercial use and residential use in the Commercial Mixed Use District. 7.2 General Description No commercial use may be developed until the Activity Center#9 Interchange Master Plan (IMP) is adopted by the Collier County Board of Commissioners and the consistency of the proposed uses with said IMP established. The acreage of the tracts depicted on the PUD Master Plan is based on conceptual designs and is approximate. Actual acreages of all developed tracts will be provided at the time of Preliminary Subdivision Plat submittal in accordance with Division 3.2 Section 10.02.04 of the Collier County LDC. All tracts are deigned to accommodate internal roadways, open spaces, water management facilities and other similar uses. 7.3 Development Intensity A maximum of two hundred forty thousand (240,000) square feet of commercial retail gross leaseable floor area, and a maximum of thirty thousand (30,000) square feet of gross leaseable office floor area is permitted. A maximum of one hundred and fifty (150) hotel/motel units are also permitted. Hotel/motel units shall be permitted a maximum floor area ratio of.60. While the total amount of retail and office area averages ten thousand seven hundred fourteen (10,714) square feet of gross leaseable area per acre, this intensity may be exceeded on individual tracts provided the overall intensity is not exceeded for the project as a whole. Four hundred thirteen (413) dwelling units are permitted based on a gross density of sixteen (16) dwelling units per acre on the 25.3 acres. 7.4 Configuration of Commercial/Mixed Use Area The land area allocated for commercial/mixed use is 25.3 acres and is depicted on the PUD Master Plan. The boundary of the commercial area may be expanded to the southwest along 1-75, provided that the total area allocated for commercial use does not exceed 25.3 acres. In no case will the boundary of the commercial area be permitted to extend beyond the boundary of the akar-ea4e-tN th th ld Commerce Park PUD. 7.5 Permitted Uses and Structures 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: Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 16 of 25 1. Accounting, Auditing and Bookkeeping Services (Group 8721) 2. Amusements and Recreation Services- Indoor(Groups 7911-7941, 79919-93) 3. Apparel and Accessory Stores (Groups 5611-5699) 4. Automotive Dealers and Gasoline Service Stations (Groups 5511, 5531, 5541, 5571, 5599 new vehicles only) 5. Automotive Rental and Repair, and Services (Groups 7514, 7515, 7521, 7533-7549) 6. Building Materials, Hardware and Garden Supplies (Groups 5211-5261) 7. Business Services (Groups 7311-7352, 7371-7379, 7384) 8. Child Day Care Services (Group 8351) 9. Communications (Groups 4812-4841, except principal transmission towers) 10. Depository Institutions (Groups 6011-6099) 11. Drug Store and Proprietary Stores (Group 5912) 12. Eating and Drinking Places (Groups 5812-5813.All establishments engaged in the retail sale of alcoholic beverages are subject to the locational requirements of Section 2.6.10 5.05.01) 13. Engineering,Accounting, Research, Management and Related Services(Groups 8711-8748) 14. Food Stores (Groups 5411-5499) 15. General Merchandise Stores (Groups 5311439-9) 16. Group Care Facilities (Category I and II); Care units except for homeless shelters and nursing home; subject to Section 2,6465.05.04 up to 250 units. 17. Hardware Stores (Group 5251) 18. Health Services (Groups 8011-8099) 19. Home Furniture, Furnishing and Equipment Stores (Groups 5712-5736) 20. Hotels and Motels (Group 7011) 21. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411) 22. Legal Services (Group 8111) 23. Libraries (Group 8231) 24. Management and Pubic Relations Services (Groups 8741-8743, 8748) 25. Membership Organizations (Groups 8611-8699) 26. Miscellaneous Personal Services (Groups 7211-7299 but not Turkish baths, tattoo parlors, steam baths and escort services) Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 17 of 25 9C 27. Miscellaneous Repair Services (Groups 5551, 5571-5599, 7622-7699). 28. Miscellaneous Retail (Groups 5912-5921, 5932 but not secondhand clothing stores or pawnshops, Groups 5941-5963, 5992 5999). 29. Motion Picture Theatres (Group 7832) 30. Motor Freight Transportation and Warehousing(Group 4225 mini and self storage warehousing only) 31. Museums and Art Galleries (Group 8412) 32. Non-depository Credit Institutions (Groups 6111-6163) 33. Paint, Glass and Wallpaper Stores (Group 5231) 34. Personal Services (Groups 7212, 7215, 7217, 7219-7299) 35. Public Administration (Groups 9111-9199, 9229, 9311, 9411-9451, 9511-9562, 9611-9661) 36. Real Estate (Groups 6512, 6531-6541) 37. Retail Nurseries, Lawn and Garden Supply Stores (Group 5261) 38. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211-6289) 39. Veterinary Services (Groups 0742, 0752, excluding outside kenneling) 40. Video Tape Rental (Group 7841) 41. Vocational Schools (Groups 8243 8299) 42. Multi-family dwellings. 43. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the Hearing Examiner or the Board of Zoning Appeals, by the process outlined in the LDC. 7.6 Accessory Uses 1. Uses and structures that are accessory and incidental to the permitted uses such as signage, entrance features, and stormwater management facilities. 7.7 Dimensional Standards for Permitted Uses Commercial Uses 1. Minimum Lot Area: Ten thousand (10,000) square feet. 2. Minimum Lot Width: One hundred (100) feet. 3. Minimum Yard Requirements: Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 18 of 25 9u a. Front Yard: Twenty-five (25) feet. b. Side Yard: Fifteen (15) feet or one-half of the building height. c. Rear Yard:Twenty-five (25)feet or one-half of the building height. d. Any Yard abutting a residential parcel:Twenty-five (25) feet. e. See also Section 8.2.12 Transportation requirements of this ordinance pertaining to I- 75 setback requirements. 4. Maximum Height: Fifty(50) feet. 5. Minimum Floor Area: One thousand (1,000) square feet for each building on the ground floor. 6. Minimum Off-Street Parking and Off-Street Loading: As required in Scction 2.3 Section 4.05.00, LDC, however shared parking between the primary retail facility and free standing uses shall be permitted throughout the site provided the total parking area shall meet or exceed minimum parking required for combined uses. Cross-easements for shared parking facilities are required for sharing parking facilities between uses. 7. Merchandise Storage and Display: Unless specifically permitted for a use, outside storage or display of merchandise is prohibited. 8. Landscaping shall be in accordance with Scction 2.4 Section 4.06.00 of the LDC and the adopted Interchange Master Plan. 9. Signs shall be as required by Division 2.5 Section 5.06.00 of the LDC and the adopted Interchange Master Plan. 7.8 Special Use Consideration Boat Dealers Group 5551 are only permitted to display boats or similar merchandise in enclosed structures or to the rear of the principal structure behind a Type "B" Buffer as set forth in Section 4.06.02 Division 2.11 of the LDC, to provide screening and buffering to Collier Blvd. 7.9 Development Standards for Multi-family use Table 2: Development Standards for Multi-Family Use Permitted Uses and Standards Multi-Family Dwelling Minimum Lot Areas 1 AC Minimum Lot Width(1) 150 Front Yard 25 Side Yard (2) 0 or.6 BH Rear Yard Principal 25 Rear Yard Accessory 10 Maximum Building Height 50 Text added is underlined, text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 19 of 25 C Distance Between Structures .5 BH Floor Area Min. (SF) 600 All distances are in feet unless otherwise noted. BH = Building Height SBH = Sum of Building Heights 1. Minimum lot width may be reduced by twenty(20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 2. Accessory uses such as pool enclosures may be attached to principal uses and may be set back five (5) feet from side or rear property lines. 3. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gable roofs. Accessory buildings shall be limited to twenty (20) feet above grade. 4. Group Care Facilities and Care Units including Adult Living Facilities shall be developed in conformance with the requirements of Section 5.05.04 of the Collier County Land Development Code. Development standards for Group Care Facilities and Care Units including Adult Living Facilities (ALF) shall be the same as provided for multi-family dwelling units in Table 1.The maximum number of units shall be two hundred fifty (250) units, subject to the Trip Cap provided in Section 8.2.6. 5. See also Section 8.2.5 Transportation Requirements of this Ordinance pertaining to 1-75 setback requirements. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 20 of 25 9c SECTION VIII - Development Commitments 8.1 Environmental Standards The purpose of this Section is to set forth the environmental commitments of the Project Developer. 1. Vegetative Preserve Areas depicted on the PUD Master Plan are permitted for open space and passive recreational use only. Vegetated preserve areas may be reconfigured provided all other applicable requirements of this Ordinance are met. All preservation areas shall be designated as Preservation Tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. 2. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. 3. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 3.05.07 of the Collier County LDC. For this site, a minimum of 15.12 acres of native vegetation shall be retained on site. 4. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site,with emphasis on the Preservation Area, shall be submitted to the Current Planning Section Staff for review and approval prior to Final Site Plan/Construction Approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. 5. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish &Wildlife Service (USFWS) and Florida Fish &Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Section Staff for review and approval prior to Final Site Plan/Construction Approval. 6. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. 8.2 Transportation Requirements The purpose of this Section is to set forth the transportation commitments of the project development. 1. The developer shall provide arterial level street lighting at the project entrance at the intersection of Collier Boulevard and the access easement into the-properi . h lighting shall be in place prior to the issuance of any certificate of occupancy. 2. The road impact fee shall be as set forth in Road Impact Fee Ordinance 2000 56, and shall be paid at the time building permits are issued or as provided by the Adequate Public Facilities Ordinance, or as provided in this PUD ordinance. 3. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificate of occupancy arc issued. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 21 of 25 C All traffic r ntrol dcvi- ed shall nformrt the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes: 5. Roads internal to the project to serve residential uses may be private at the option of the developer. 6. The developer shall provide tum lanes at the project entrance on-Collier Boulevard, prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right of Way Manual and Ordinance 82 91. 71. Within 30 days of the County's written request,Tthe developer owner shall make a fair share contribution towards the capital cost of traffic signals at the project entrance at Noah's Way and Magnolia Pond Drive when deemed warranted by the Transportation Services Director whic-kris anticipated to be necessary for the efficient distribution of traffic in the general ar o.These signals will be owned, operated and maintained by Collier County. 8. All land development activities and future transportation infrastructure improvements shall be consistent with the Activity Center 119 Interchange Master Plan. This includes adopted access management standards/guidelines, transportation system management (TSM)and transportation demand (TDM) strategies. 92. Access roads and pedestrian connections into the commercial area shall be open to the public in order to facilitate shared access with commercially zoned lands to the north. 4-03. The PUD Master Plan depicts an area in the northeast corner of the property comprising± .22 acres that will be dedicated to Collier County for drainage improvements and the widening of Collier Boulevard. in exchange for impact fee credits in accordance with Ordinance 2000-56. Completed OR 4413 PG 3871. 444. The developer owner shall pay a fair share contribution toward the entire intersection improvements at Collier Boulevard and Magnolia Pond Drive. 425. In recognition of the need to provide for future roadway improvements in Road Impact Fee District 2, and to provide for mitigation pursuant to Policy 5.1 and 5.2 of the Transportation Element until such time as Davis Boulevard just to the west of Collier Boulevard is improved from two to four lanes, the Collier Boulevard Mixed Use Commerce Center will advance its payments of estimated road impact fees upon approval by the Board of County Commissioners of the Final Subdivision Plat and prior to component requirements of the Adequate Public Facilities Ordinance for said platted ar a. The devcloperowner shall reserve an area sixty (60) feet in width from where the existing limited access right-of-way for Interstate 75 intersects with Collier Boulevard (County Road 951) on the same side as developer's property and parallel to the right-of-way, for the entire length of the developer's property as it existed at the time the PUD for the development was approved, for the potential future reconfiguration of this quadrant of the Interstate interchange. The reservation area may be credited by developer toward required vegetation preservation. Buildings shall maintain a seventy-five (75) foot structural setback from the existing Interstate 75 right-of-way, however, parking and drainage improvements and similar accessory uses may be located up to the edge of the reservation area. Text added is underlined, text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 22 of 25 At such time as the Florida Department of Transportation implements plans for the widening of Interstate 75 in its Three-Year Work Program, and should an area less than the sixty (60) foot reservation area be needed, the developer may reduce the structural setback from Interstate 75 to a lesser amount, subject to the maintenance requirements that may be in place at the time of such action and with the express approval of the Collier County Development Services and Transportation Divisions. However, a minimum of fifteen (15) feet shall be provided from the future Interstate 75 right-of-way. This mitigation is in addition to needed right-of-way provided for the widening of Collier Boulevard, the provision of drainage improvements for the same, and shared access and a fair share contribution to improvements to the intersection of Magnolia Pond Drive and Collier Boulevard to facilitate improved access throughout the general area. 6. Trip Cap. The maximum total daily trip generation for the PUD shall not exceed 800 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. 8.3 Utility Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 1. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project arc to be designed, constructed, conveyed, owned and maintained in and regulations. 2. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off site sewer facilities are available to serve the project. 3. Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes,that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities. 4. The utility construction documents for the project's sewage system shall contain the design and construction of an on site force main, which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage, when connection to the County's central sewer facilities becomes available. 5. Prior to or at the time of submission of construction plans and the final plat for the project,the potable water supply from the Collier County Water Sewer District to serve this project shall be installed adjacent to the property and be in service. Text added is underlined, text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 23 of 25 � C At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the wastewater collection/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined during PPL or SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. Off-Site Utilities Improvements: 1. Water At first SDP, the existing off-site water facilities of the Collier County Water-Sewer District ("District") must be evaluated by developer for hydraulic capacity to serve this project and reinforced as required by developer, if necessary, consistent with the county's Water Master Plan to ensure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. 2. Sewer At first SDP, the existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity by developer to serve this project and improved by developer as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 8.4 Engineering Requirements 1. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. 2. A copy of the SFWMD Surface Water Management Permit must be received by the Development Services staff prior to any construction drawing approvals. 3. Subdivision of the site shall require platting in accordance with Section 3410.02.04 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. 4. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to Preliminary Subdivision Plat, Site Development Plan and any other applications that will result in the issuance of a final development order. 8.5 Water Management Requirements The purpose of this Section is to set forth the water management commitments of the project developer. Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 24 of 25 9C 1. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. 2. Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.4.7.3 4.06.02 of the LDC. 3. The wet season water table elevation shall be established at the time of South Florida Water Management District permitting, which is required for the subject property. 4. An existing thirty (30) foot drainage easement located along the western boundary of the project shall be increased to forty-five (45) feet to accommodate the existing canal and maintenance access and shown on the final plat. 5. The proposed stormwater management system for the project shall provide for the six- lane condition of Collier Boulevard runoff. 6. A surface water management permit must be obtained from the SFWMD prior to any subdivision or site plan approval. 8.6 Miscellaneous 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. All other applicable state or federal permits must be obtained before commencement of the development. 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(M'o a.obl).am9 1:13111o0 C Exhibit B LEGAL DESCRIPTION THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER(NE 1/4)SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND THAT PORTION OF THE NORTHEAST QUARTER(NE 1/4)OF SECTION 34,TOWNSHIP 49 SOUTH,RANGE 26 EAST,NOT PREVIOUSLY CONVEYED OR CONDEMNED,COLLIER COUNTY FLORIDA; AND LESS THE REAL PROPERTY AS DESCIBED IN THE STIPULATED FINAL JUDGEMENT OF CONDEMNATION AS RECORDED AT O.R. BOOK 1018, PAGE 383, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND LESS THE EAST 100 FEET PREVIOUSLY CONVEYED TO THE STATE OF FLORIDA FOR ROAD RIGHT-OF-WAY BY SPECIAL WARRANTY DEED RECOREDED AT O.R. BOOK 13, PAGE 77, THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. W:\1998\1998052\rld\PUD-90210.doc Page 20 of 20 9C EXHIBIT C LEGAL DESCRIPTION OF LOT 2 The land referred to herein below is situated in the County of Collier, State of Florida, and described as follows: A parcel of land located in the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of the Northeast Quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida; thence run S 88°48' 27" W, along the South line of Northwest Quarter of said Section 34, for a distance of 100.01 feet to a point 100.00 feet Westerly of, as measured at right angles to the East line of the Northeast Quarter of said Section 34; thence run N 00° 29' 22" W parallel with the East line of the Northeast Quarter of said Section 34, for a distance of 1353.72 feet to a point on the Southerly right-of-way line of Access Road No. 2, also known as Magnolia Pond Drive, a 60' public right-of-way, as the same is described in O.R. Book 1018, at Pages 383 through 386, of the Public Records of Collier County, Florida; thence run S 87° 42' 45" W, along the Southerly right-of-way line of said Access Road No. 2, also known as Magnolia Pond Drive, a 60' public right-of-way, for a distance of 1779.28 feet to the Point of Beginning of the parcel of land herein described: Thence leaving said right of way along the boundary of Lot 2, through the following 14 courses: 1) THENCE LEAVING SAID RIGHT OF WAY S 01°40'35" E A DISTANCE OF 45.50 FEET; 2) THENCE N 89°11'13" E A DISTANCE OF 9.00 FEET; 3) THENCE S 00°21'55" E A DISTANCE OF 93.00 FEET; 4) THENCE S 89°53'30" W A DISTANCE OF 54.45 FEET; 5) THENCE S 00°48'47" E A DISTANCE OF 61.00 FEET; 6) THENCE N 88°58'27" E A DISTANCE OF 88.77 FEET; 7) THENCE S 31°34'47" E A DISTANCE OF 7.02 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS S 49°50'18" E AND HAVING A RADIUS OF 261.45 FEET; 8) THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64°27'24" AN ARC DISTANCE OF 294.13 FEET; 9) THENCE S 15°28'57" E A DISTANCE OF 1.39 FEET; 10) THENCE S 02°09'41" W A DISTANCE OF 57.81 FEET; 11) THENCE N 88°52'55" W A DISTANCE OF 98.86 FEET; 12) THENCE S 89°34'02" W A DISTANCE OF 277.04 FEET; 13) THENCE N 00°18'37" W A DISTANCE OF 524.57 FEET TO AN INTERSECTION WITH THE AFORESAID SOUTHERLY RIGHT OF WAY LINE; 14) THENCE N 87°42'45" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 369.53 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED. CONTANINING 4.49 ACRES OF LAND MORE OR LESS. REF ABB DWG#12794-PH2-SD [22-CPS-02291/1773094/1] PAGE 1 OF 2 9C S 00'23'35" E(C) 959.24' (C) cn A N - m n m vb o n S 00'23'55" E(L) 959.23' (L) (WEST UNE OF THE m r m m o r N A < o zz > NORTHWEST QUARTER) 0* II < �A f i m C m 0C oo = I A A II D Z . 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Z `9-F� rn m CPNJ JCOJ i,V CD CO-A W 0Un 44.( cT0 N t0� D:O —AI C �1 v 0 A' CO Co J0 AOOC --I Am N f M o 7.<=DJ m 0 r,i• z N Uc O m -J O .Cl'O. 'OD NCOp ':q o a a: co I-, W J A _ .O N D 0 N J 9 �Y:4n,� Co 0 m ,Z 05 m 1 �r�cppFHllrFc*�� N N I C'1 mp, S 00'00'00" E(L) 1268.88' (L) /v '.1 V. LEGAL 27APR2022) N 00'00'07" W(C) 1268.88' (C) / (REV. 24NQV2021) I I, In 3ia \ m ° z I iw Z w w T Co CD z z n Cn m • -71 73 y ■♦■ > WJ l Z C u MD � O ✓• \Co V A PA A�? 025 m 4 X 1 0 m ^m � �N ZmE. O rA �m m ui .i A m _w T C m z �L xn CA20 t D N co.D> 40 -, JJ fm >D N V11= 1'1 A O S v �N w co Awm OS I aN coco n Z A A I 0 �@ ? A Em4 1,'QC Z] A A r N N 1•N A CO N N N8 A\m // �.^� 23 NO O y m n V ll ZO O '-'1 Nr Fi m ' nZG < 2 gOwtnQ K _ �D� D G � i a 'n to''D m y 6, � oT z z N N L.: tr vDI- nv mf f vvE �� c i A p. 4. D ual y OU� J in..1JOO = 6n n, ' V 0r xi m� 0 D CD co. 0 O a z m �1-.. ♦ N . Co D • Eaq DN � � n vNv - S7` m m i ` ) Z— ® Os n a A (^ ^ mmN rn c" II z Io " 0m :67 m n co co p xi� wK J r �0 I- , N o N . N 11 ~8 zIZ1. � NN . w ow o '1---1 .. J. p o �qIO � N 00'29'15" W(L) 1353.72' (L)J 0 .14 N 00'29'22" W(C) 1353.72' (C} .n o 0 ..�_..—�_. _.._ •O (WEST R.O.W. UNE / g 2 m �.___._ OF SR S-951) m m o_r m m m E. z •�� (0) ,l0'OOt (0)M „LZ,94,98 S °k. , 0 2.K vw� g....co' ( ) .t000t (1)M .,Lz,a4.ea S .JA N ..N #(n ru nx m w z 0) m IH „., ,; 9 C '.. Lt-4142: Ekt:i 1,1 , 0 I.:.- FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State June 20, 2023 Crystal K. Kinzel, Clerk of Court Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Ms. Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2023-31, which was filed in this office on June 19, 2023. If you have any questions or need further assistance, please contact me at(850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Administrative Code and Register Director ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270