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Ordinance 2023-32 ORDINANCE NO. 2023- 3 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2000-15, AS AMENDED, THE GOLDEN GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT (PUD), WITHIN SPECIAL TREATMENT WELLFIELD ZONE 3 (ST/W-3) AND SPECIAL TREATMENT WELLFIELD ZONE 4 (ST/W-4) AND THE ACTIVITY CENTER #9 OVERLAY ZONING DISTRICTS, BY CHANGING THE COMMERCIAL TRACTS TO COMMERCIAL MIXED USE TRACTS; BY ADDING FABRICATED METAL PRODUCTS AS A PERMITTED USE IN THE COMMERCIAL MIXED USE TRACTS; BY REMOVING RESTRICTIONS ON THE COMMERCIAL MIXED USE TRACTS; AND BY AMENDING THE MASTER PLAN. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF C.R. 951 AND NORTH OF I-75, CONSISTING OF 74.2± ACRES IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210000150] WHEREAS, on March 14, 2000, the Board of County Commissioners approved Ordinance Number 00-15, the Golden Gate Commerce Park Planned Unit Development (the "PUD"); and WHEREAS, on June 13, 2000, the Board of County Commissioners approved Ordinance Number 00-41, which amended the PUD; and WHEREAS, Philip DiMaria, AICP, CNU-A of Kimley-Horn and Associates, Inc. representing I-75 Associates, 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: SECTION ONE: Amendment to the PUD Document of Ordinance No. 2000-15, as Amended. The PUD Document attached as Exhibit "A" to Ordinance No. 2000-15, as amended, is hereby amended to read as follows: [21-CPS-02151/1793478/1] 186 Golden Gate Commerce Park PL20210000150 Text underlined is added;text struck through is deleted. 1 of 2 5/19/23 See Exhibit"A", attached hereto and incorporated herein by reference. 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 I3 day of J(AAA_ , 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL,,.CLERK COLLIER COUNTY, FLORIDA (---)2 By: n(15.4----6/VBy: --, Attest as to Chairman's Rick LoCastro, Chairman bi., signature only Ap roved as to form nd legality: This ordinortce filed with the JX-- y / -1 Secretary of State's Office th ,�i1"�� Li— -- -. day of�f.L, �Q� H idi Ashton-Cicko and acknow'edge next of shot fi!i¢, received this _ do Managing Assistant County Attorney of By Attachments: Exhibit A—PUD Document n.4,,c+trk [21-CPS-02151/1793478/1] 186 Golden Gate Commerce Park PL20210000150 Text underlined is added;text struck-t hroug:is deleted. 2 of 2 5/19/23 GOLDEN GATE COMMERCE PARK A PLANNED UNIT DEVELOPMENT- 20203 Approximately 74 Acres Section 34 Township 49 South, Range 26 East Collier County, Florida Prepared for: Bonita Bay Properties, Inc. 3151 Bonita Bay Boulevard, Suite 202 Bonita Springs, FL 31 134 1-75 Associates LLC 570 Delaware Avenue Buffalo, NY 14202 Prepared by: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 Kimley-Horn and Associates 1777 Main Street Suite 200 Sarasota, FL 34236 Text added is underlined, text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 1 of 25 Contents Statement of Compliance 2 Section I - Property Ownership and Legal Description 4 Section II - Project Development 6 Section III—Commercial Mixed Use District 11 Section IV- Residential District 15 Section V- Open Space District 19 Section VI - Preservation Area 20 Section VII - Development Commitments 21 Section VIII—Deviations for the Commercial Mixed Use District 25 ExhibitAttachment A—Approved Golden Gate Commerce Park PUD Master Plan 27 Attachment A-1—Amended Golden Gate Commerce Park PUD Master Plan 28 Exhibit B Location Ma. 9 Attachment B—Landscape Buffer Exhibit 30 Statement of Compliance The purpose of this section is to express the intent of Bonita Bay Properties, Inc., 1-75 Associates LLC hereinafter referred to as the Developer, to create amend a Planned Unit Development(PUD) on 74 (±): acres of land located in Section 34,Township 49 South, Range 26 East, Collier County, Florida.The name of this proposed Project shall be GOLDEN GATE COMMERCE PARK. The development of GOLDEN GATE COMMERCE PARK as a PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan.The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The project is a mixed use planned unit development located within a proposed activity center; therefore, at the time the Department of Community Affairs Economic Opportunity finds the new limits of Activity Center #9 in compliance, and it is adopted and in effect, the proposed commercial uses and residential density of 7 units per acre will be consistent with the Future Land Use Element of the Growth Management Plan. 2. The commercial uses and residential-density abeve the currently approved Urban Residential limit shall not become effective until-Activity Centef#9 is-adopted d ff__t Thep jeer development standards, access provisions, and all other development activities subject to the Interchange Master Plan must c Plan as it is subsequently CommeFee Park PUD in the future to-comply wit-11 the adopted Interchange Master Plan. 2. The Project shall meet the intent and shall be consistent with the adopted Activity Center #9 Interchange Master Plan. Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 2 of 25 3. Improvements are planned to be in compliance with applicable land development regulations as set forth in the Future Land Use Element, except as otherwise set forth herein. 4. The Project 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. 5. The Project is in compliance with Policy 5.1 of the Traffic Circulation Transportation Element since it will not significantly impact a roadway segment already operating and/or projected to operate within one year at an unacceptable level of service. 6. The Project is in compliance with the goals, objectives and policies of the Conservation and Coastal Management Element. 7. The Project is compatible and complementary to existing and future surrounding land uses, as required in Policy 5.46 of the Future Land Use Element. 8. The Project is designed to incorporate water management and buffering areas, as required by the Land Development Code and Objective 4,5 of the Drainage Stormwater Management Sub-Element of the Public Facilities Element. Text added is underlined, text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 3 of 25 Section I - Property Ownership and Legal Description 1.1 Purpose The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of the Golden Gate Commerce Park. 1.2 Property Ownership The subject property is currently owned by Bonita Bay Properties, Inc., 3451 Bonita Bay Boulevard S.W., Suite 202, Bonita Springs, FL 34-134. 1-75 Associates LLC, School District -MDE, I-75 Preserve LLC, and SREIT Noah's Landing LLC. 1.3 Legal Description The subject property is described as follows: Legal Description as furnished (Deed - O.R. Book 826, Page 89 & 90) • COMMENCE at the Southeast comer of the N.E. 1/4 of said Section 34,Township 49 South, Range 26 East; thence, run South 88048'27" West, a distance of 100.01 feet to the Westerly Right of Way line of C.R. S 951; thence, North 0029'15" West, along said Right of Way line, a distance of 1,355.48 feet for the POINT OF BEGINNING; thence, South 87042'52" West, a distance of 2,531.44 feet; thence, North 0020'07" West, a distance of 60.03 feet; thence, North 87042'52" East, a distance of 2,531.28 feet; thence, South 0029'15" East, a distance of 60.03 feet to the POINT OF BEGINNING. That portion of the North Half of the Northeast Quarter of Section 34,Township 49 South, Range 26 East, lying North of the 60 foot easement known as Access Road #2, said easement being described as follows: Commence at the Southeast corner of the Northeast Quarter of said Section 34,Township 49 South, Range 26 East; thence run South 88°48'27" West, a distance of 100.01 feet to the Westerly right of way line of S.R. S-951; thence North 0°29'15" West along said right of way line, a distance of 1,355.48 feet for the Point of Beginning; thence South 87°42'52" West, a distance of 2,531.44 feet; thence North 0°20'07" West, a distance of 60.03 feet; thence North 87°42'52" East, a distance of 2,531.28 feet; thence South 0°29'15" East, a distance of 60.03 feet to the Point of Beginning The East 100 feet of the above described property is excepted from this conveyance, said East 100 feet having been previously conveyed to the State of Florida by special Warranty Deed dated July 8, 1957 and recorded in the records of the Clerk of the Circuit Court in and for Collier County, Florida in OR Book 13, Page 77.This conveyance is also subject to road right-of-way easements, drainage easements and all other easements, restrictions, and reservations or record. 1.4 General Description of Property Area The general location of the subject property is as follows: Text added is underlined, text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 4 of 25 A. The parcels of land located on the west side of CR-951 directly south of the Golden Gate Canal. B. The site is currently undeveloped partially developed with undeveloped land consisting and the existing vegetation consists of pine flat woods, palmetto prairie and herbaceous prairie. C. The zoning classification prior to the date of this approved PUD was PUD. 1.5 Short Title This Ordinance shall be known as and cited as the "Golden Gate Commerce Park Planned Unit Development Ordinance." Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 5 of 25 Section II - Project Development 2.1 Purpose The purpose of this section is to delineate and generally describe the plan of development, and its relationship to applicable Collier County ordinances. 2.2 General Plan of Development It is the developer's intention to create a Commerce Park with a full range of compatible and complementary land uses including residential, retail, office, and hotel.These uses are planned and integrated for compatibility to support long term development activities. It is the purpose of this document to provide the required standards and to set forth guidelines for the future development of the Project. 2.3 Compliance with Applicable Ordinances A. Regulations for development of Golden Gate Commerce Park shall be in accordance with the contents of this document. Additionally, sections of the Collier County Land Development Code (LDC),the adopted Activity Center#9 Interchange Master Plan (IMP) and ordinances in effect at the time of development order application shall apply to the extent that applicable ordinances or codes do not conflict with development rights and development conditions contained in this document. Where this document fails to provide development standards, the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise defined herein, or as necessarily implied by context,the definitions of all terms shall be the same as the definitions set forth in the Land Development Code in effect at the time of building permit application. C. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance. D. All conditions imposed and all graphic material presented depicting restrictions for the development of Golden Gate Commerce Park shall become part of the regulations which govern the manner in which the PUD site may be developed. E. Unless modified, waived or excepted by this PUD, the provisions of other land development codes, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 6 of 25 2.4 Subdivision Approval The review and approval of all subdivisions within the Project shall follow the design and development standards and review procedures in Article Chapter 3 10 of the Land Development Code in effect at the time of development approval.The developer reserves the right to request substitution of design changes pursuant to Sub Section 10.02.13 of the LDC to the standards set forth in applicable regulations. 2.5 Land Uses A. The location of land uses are shown on the PUD Master Plan, t Attachment A-1. Minor changes and Wariations in building tracts, location, square footage and/or acreage of these uses shall be permitted at preliminary subdivision plat approval, preliminary site development plan approval and final site development plan approval to accommodate topography, vegetation, and other site conditions subject to the provisions of Article 2, Division 2.7, Section 2.7.3.5, 10.02.13 of the Collier County Land Development Code. The specific location and size of individual tracts shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public or private, depending on location, capacity, and design.The determination as to whether a road shall be public or private shall be made by the developer at the time of subdivision approval. Developer shall create appropriate associations which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of County Code regulating subdivisions, unless otherwise approved as an exception during subdivision approval. Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.210.02.04 of the Land Development Code. 2.6 Project Density The total acreage of the Golden Gate Commerce Park is approximately 74± acres.The residential uses currently occupy approximately 49 acres and are designated as 'R' on the previously adopted PUD Master Plan, Ordinance 2000-41 Exhibit C A Residential uses will not exceed 7 units per acre within areas designated R. Within areas designated R,the maximum number of units will be 343 based on the current 49 acre parcel. 2.7 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County Land Development Code and the standards and commitments of this document. Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 7 of 25 2.8 Easements for Utilities All necessary easements, dedications, or other instruments shall be granted to insure ensure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 2.9 Temporary Wastewater Treatment Plants The location and operation of the temporary wastewater treatment plant shall be in compliance with Collier County Comprehensive Plan and the Florida Administrative Code. 2.4-09 Lakes As depicted on the PUD Master Plan, lakes have been preliminarily sited. The goal of this Master Plan is to achieve an overall aesthetic character for the Project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Section 3.5.7 22-112 of the County's Code of Ordinances Land Development Codc may be reduced with the approval of the County Engineering Review Services Manager. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 22- 1123.5.7.3.1. of the County's Code of Ordinances Land Development Code. However, removal of fill from the Golden Gate Commerce Park PUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. 2.4410 Off-Street Parking and Loading All off-street parking and loading facilities shall be designed in accordance with Section 4.05.00Division Hof the Land Development Code and the adopted IMP as applicable. 2.4-211 Use of Rights-of-Way Utilization of the rights-of-way for landscaping decorative entrance ways and signage shall be reviewed and approved by the Transportation Administrator prior to any installations. 2.1312 Polling Places Polling places shall be provided, in accordance with Article 3, Division 3.2, Section 2.01.04 of the Collier County Land Development Code. Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 8 of 25 2.4.413 PUD Monitoring An annual monitoring report shall b� " ++ d , nt to " ti le D••' " ect on " 3. of the Collier County Land Development Code. 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 I-75 Associates, LLC. 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. 2.4-514 Agency Jurisdiction The Applicant has conducted site inspections with the U.S. Army Corps of Engineers, and they have confirmed that the site contains no wetlands under their jurisdictions. 2.4-615 Dedication and Maintenance of Facilities The Developer shall create appropriate homeowner or property owner associations which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to the County. The Golden Gate Commerce Park property owner, or an appropriate homeowners' or property owners' association, will be responsible for the maintenance of all residential common area improvements, including landscaping, parking areas, and associated amenities, into perpetuity. 2. 16 Signage All Signage shall be designed in accordance with the adopted IMP and Land Development Code. 2.4-817 Architectural Standards All principal structures shall be designed in accordance with the adopted IMP and corresponding development standards within this PUD document, including Section 4.7, Development Standards for Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 9 of 25 the Residential District and LDC SectionDivision 5.05.08 -Architectural and Site Design Standards of the Collier County Land Development Code. Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 10 of 25 Section III — Commercial Mixed Use District 3.1 Purpose The purpose of this section is to set forth the regulations for the area designated on the PUD Master Plan,€xhi-( Attachment A-1, as-"C", Commercial Mixed Use. 3.2 Maximum Square Footage Retail commercial with a maximum of 240,000 square feet floor area, and office commercial with a maximum of 30,000 square feet floor area; and a hotel at 26 units per acre with a maximum of 150 rooms, may be constructed on lands designated--Commercial Mixed Use.Total square footage will be development plan review. 3.3 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part,for other than the following: A. Permitted Principal Uses and Structures permitted throughout the parcel: 1. Accounting,Auditing and Bookkeeping Services (Group 8721}. 2. Amusement and Recreation Services (Groups 7911-7941, 7991, 7993). 3. Apparel and Accessory Stores (Groups 5611-5699). 4. Auto and Home Supply Stores (Group 5531). 5. Automotive Repair, Services, and Parking (Groups 7514, 7515, 7534, 7542). 6. Building Materials, Hardware and Garden Supplies (Groups 5211-5261}. 7. Business Services (Groups 7311, 7313, 7331 7335, 7371 7379, 7381, 73817311-7319, 7331-7389). 8. Child Day Care Services (Group 8351). 9. Miscellaneous Retail (Groups 5912-5963, except pawnshops and all uses dealing with secondhand merchandise, 5992-5999). 10. Depository Institutions (Groups 6011-6099). 11. Eating and Drinking Places (Groups 5812-5813). 12. Educational Services (Groups 8211 8299) 13. Electrical Repair Shops (Group 7622 automotive radio, radio,television, stereo and video recorder repair only, 7629 except aircraft, business and office machines, large appliances such as refrigerators and washing machines). Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 11 of 25 14. Engineering, Accounting, Research, Management, and Related Services (Groups 8711 8713 8721 87- 8713 Q7488711-8748). 15. Food Stores (Groups 5411-5499). 16. Gasoline Service Stations (Group 5541 except marine service stations and truck stops subject to Section 2.6.28 5.05.05). 17. Group Care Facilities (Category I and II); Care Units except for homeless shelters; and Nursing Homes, subject to Sec.2,6465.05.04). 18. General Merchandise Stores (Groups 5311 5399). 19. Health Services (Groups 8011-8099). 20. Holding and Other Investment Offices (Groups 6712 6799). 21. Home Furniture, Furnishings, and Equipment Stores (Groups 5712-5736). 22. Hotels and Motels (Group 7011 in accordance with the development standards in this PUD document). 23. Insurance Agents, Brokers, and Service (Group 6411). 24. Insurance Carriers (Groups 6311-6399). 25. Legal Services (Group 8111). 26. Membership Organizations (Groups 8611-8661, 8699). 27. Miscellaneous Personal Services (Groups 7211,7212, 7215, 7216 non-industrial dry cleaning only, 7221-7251, 7291). 28. Miscellaneous Repair Services (Group 7631). 29. Museums and Art Galleries (Group 8412). 30. Nondepository Credit Institutions (Groups 6111-6163). 31. Paint, Glass and Wallpaper Stores (Group 5231). 32. Public Finance,Taxation and Monetary Policy (Group 9311 property tax assessors' office and taxation departments only). 33. Public Order and Safety (Groups 9211 and 9224). 34. Real Estate (Groups 6512, 6531-6552). 35. Social Services (Groups 8322, 8351 and 8351). 36. United States Postal Service (Group 4311, except major distribution center). 37. Veterinary Services (Groups 0742, 0752, excluding outside kenneling). 38. Video Tape Rental (Group 7841). Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 12 of 25 39. Warehousing and Storage (Group 4225). 40. Fabricated metal products (Group 3484). 41. 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. B. Permitted Accessory Uses and Structures 1. Uses and structures that are accessory and incidental to uses permitted in this district. 3.4 Development Standards A. Minimum Lot Area:Ten thousand (10,000) square feet. B. Maximum Height: Fifty (50)feet, except that the maximum height for buildings north of the main entry road shall be thirty-five (35)feet. C. Building heights shall be defined as the vertical distance measured from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Where minimum floor elevations in flood prone areas have been established by law, the building height shall be measured from such required minimum floor elevations. D. Minimum Lot Width: Seventy-five (75)feet. E. Minimum Yard Setback Requirements: 1. Front Yard - Fifteen (15)feet. 2. Side Yard -Ten (10) feet. 3. Rear Yard -Ten (10) feet. 4. Lakefront-Zero (0) feet, provided architectural bank treatment is incorporated into the design, otherwise twenty (20) feet to control elevation. Setbacks of less than twenty (20) feet shall be specifically approved by Project Review Services with respect to maintenance and access. 5. Canal Maintenance Easement-Twenty (20)feet. 6. Preserve Setback- provide in accordance with LDC 3.05.07 H.3 F. Buffers:All buffer setbacks shall be measured from platted lot boundaries.The largest size buffer shall be located on the property with the most intense land use. When the land uses are of equal intensity, each parcel shall be required to provide the minimum buffer. 1. External: Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 13 of 25 a. The minimum buffer between the commercial and/or industrial uses and the any adjacent residential uses shall be twenty-five (25) feet. The buffer shall be 75%opaque at planting. A wall or fence may be used in conjunction with landscaping to achieve the required opacity. b. The buffer illustrations in Attachment B graphically indicate the specifications of the buffer required adjacent to Collier Boulevard. 2. Internal: a. Minimum buffer between internal commercial parcels shall be five (5)feet. b. Minimum buffer between internal commercial parcels and internal rights-of-way shall be ten (10) feet. G. The ar a designated on the Master Plan as C 1 shall have the following restrictions: 1. No 24 hour uses 2. No retail buildings 3. Lighting shall be designed so as to prevent direct glare, light spillage or other interference with adjacent reside+tial properties. The maximun}hcight of lights shall be thirty {30)feet. H. The ar -a designated on the Master Plan as C 2 shall have the following restrictions: 1. No retail buildings 2. Lighting shall be designed so as to prevent direct glare, light spillage or other interference with adjacent residential properties. The maximum height of lights shall be thirty(30)feet. Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 14 of 25 Section IV - Residential District 4.1 Purpose The purpose of this section is to set forth the regulations for the areas designated on the Golden Gate Commerce Park PUD, dated March 14, 2000, PUD Master Plan, Exhibit Attachment-GA, as "R". 4.2 General Description The areas designated as "R" on the Master Land Use Plan are designed to accommodate residential dwelling units. 4.3 Maximum Dwelling Units Residential dwelling units shall not exceed 343. 4.4 Permitted Uses and Structures A. Single family detached dwellings B. Single family patio and zero lot line dwellings C. Single family attached dwellings D. Multifamily dwellings E. Model Homes (in accordance with Section 2,6,3--3 5.04.04, Land Development Code.) F. Any other use which is comparable in nature with the foregoing uses and which the Collier Pl M,. r d tcrminc. to be atibl„ in the district , as determined by the Hearing Examiner or the Board of Zoning Appeals, by the process outlined in the LDC. 4.5 Uses Accessory to Permitted Uses A. Customary accessory uses or structures. B. Recreational facilities, including golf course, club house, tennis facilities, and swimming pools, that serve as an integral part of the development. C. Child care center D. Non-commercial boat launch facilities; E. Commercial Earthmining in accordance with Section 7.2 of this document. Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 15 of 25 F. Essential services, in accordance with Section 2.6.9 2.01.03 of the Land Development Code; water management facilities; lakes, including lakes with bulkhead and other types of architectural bank treatment. 4.6 Conditional Uses A. Assisted Living Facilities (in accordance with LDC Section 2,646 5.05.04.) If the ALF is approved through the conditional use process,there will be a commensurate decrease in the number of residential dwelling units. 4.7 Development Standards A. Development standards for Residential units are set forth in Table I. B. Multi-family residential units shall have a tile roof and two or more roof planes. C. Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Land Development Regulations in effect at the time final local development orders are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards listed in Table 1 apply only to principal structures. TABLE 1 DEVELOPMENT STANDARDS RESIDENTIAL DISTRICT PERMITTED USES STANDARDS SINGLE FAMILY PATIO&ZERO DUPLEX&TOWN- DETACHED LOT LINE HOUSES MULTIFAMILY Minimum Lot Area 6000 SF 4500 SF 3000 SF*4 N/A Minimum Lot Width*5 60 45 30 N/A Front Yard Setback- Principal & 20 20*3 12/20*3 20 Accessory Side Yard Setback- Principal & 7.5 0*6 0 or 7.5 .5BH Accessory Rear Yard Setback- Principal 5 5 5 10 Rear Yard Setback*1 -Accessory 0 0 0 0 Maximum Building Height*2 35 35 35 50*7 Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 16 of 25 Distance between Principal 15 10 0 or 15 15 or .5 SBH Structures BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Minimum lot areas for any unit type may be exceeded.The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit.The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. Any structure more than two stories in height will maintain a 20 foot minimum building separation. Flag lot shall have no minimum lot width but will meet lot area requirements. Setbacks from preserves or wetlands shall be provided in accordance with LDC 3.05.07 H.3. Project walls shall be allowed within 1 foot of the right-of-way line. Front yards shall be as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of- way line. B. If the parcel Is served by a private road, setback Is measured from the back of curb (If curbed) or edge of pavement (if not curbed). *1 - Setback from twenty foot (20') lake maintenance easement for all accessory uses may be 0 feet providing architectural bank treatment is Incorporated Into design. *2- Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *3 - Units with side entry garage may have a 12 foot front yard setback. Units with front entry garage must have a minimum 20 foot front yard setback. *4- Each half of a duplex unit requires a lot area allocation of 3,000 S.F. for a total minimum lot area of 6,000 S.F. *5- Minimum lot width may be reduced by 20%for cul-de-sac lots provided minimum lot area requirement Is still maintained. *6 -Zero feet (0') minimum side setback on either or both sides as long as a minimum 10 foot separation between principal structures is maintained. Patios, pools and screen enclosures may encroach into the 10 foot principal structure separation and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner.Where this option is used a conceptual exhibit showing Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 17 of 25 typical building configurations for patio or zero lot line units shall be submitted to the Customer Services Department with the application for the first building permit.This conceptual exhibit will be used to determine the 10 foot spacing requirement between principal and accessory structures.The conceptual exhibit may be modified as needed. *7 - No building or structure adjacent to the northern property boundary shall exceed two (2) stories. Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 18 of 25 Section V - Open Space District 5.1 Purpose The objective of this Section is to set forth the regulations for open space areas. Open space areas are included as a part of the Golden Gate Commerce Park PUD, dated March 14, 2000,Attachment A RU-B Commercial and for Residential Districts and Attachment A-1 for Commercial Mixed Use Districts; however,they shall be further limited in use according to this section. 5.2 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Parks, passive recreational areas, boardwalks, observation platforms. B. Biking, hiking, health and nature trails, boat docks,fishing piers, canoe launches, boat storage. C. Water management facilities and lakes, as approved by the South Florida Water Management District (SFWMD), roadway crossings and utility crossings. D. Recreational shelters and restrooms, lighting and signage. E. Any other activity or use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager--determines to be compatible with the intent of this district. list of permitted principal uses, as determined by the Hearing Examiner or the Board of Zoning Appeals, by the process outlined in the LDC. 5.3 Development Standards A. Overall site design shall be harmonious with the area's natural characteristics. B. All work proposed in open space areas designated on the Master Plan shall be reviewed and approved by the Collier County Development Services and other appropriate regulatory agency prior to the commencement of any such activity. C. Setbacks and other development standards for structures shall be in accordance with the PUD district in which the open space occurs. Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 19 of 25 Section VI - Preservation Area 6.1 Purpose The purpose of this Section is to identify permitted uses and development standards for the area designated on the Golden Gate Commerce Park PUD, dated March 14, 2000, PUD Master Plan Attachment A, as Preservation Area. 6.2 General Description Areas designated as Preservation Area on the Master Plan are designed to accommodate conservation interpretive/educational trails and limited water management uses and functions. 6.3 Permitted Uses And Structures No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part,for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks and nature trails (elevated and at grade), and gazebos. 2. Water management structures. 3. Temporary construction access road. 4. Utility or roadway crossings. 5. Any other conservation and related open space acti nature with the ferege+ng es-and which the Development Ser flees D*ecter determines to be compatible in the Preservation Area. 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. Text added is underlined, text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 20 of 25 Section VII - Development Commitments 7.1 Water Management A. Should the South Florida Water Management District, or any other agency, during it's review process cause changes to be made to the site plan or drainage facilities, Engineering Review Services shall reserve the right to re-review the project and have it brought before the Environmental Advisory Council. B. A twenty (20) foot maintenance easement/landscape buffer shall be provided to Collier County and the SFWMD Big Cypress Basin along the entire length of the Project's northern property line.The maintenance easement/landscape buffer shall accommodate a ten (10) foot wide recreational pathway, the Project's water management berm and a landscape buffer.The pathway may incorporate the Project's water management berm. In the event the water management berm is constructed prior to the pathway,with the approval of the SFWMD Big Cypress Basin,the County may replace the berm with the meandering pathway to meet the County's design objectives of a park-like setting and to avoid the possibility of creating areas where stormwater may be trapped between the berm and the pathway. No trees shall be planted north of the pathway so as not to hinder access of canal maintenance equipment. C. A twenty (20) foot maintenance easement shall be provided around the lakes of the project, as required by SFWMD. D. A thirty six (36) foot wide drainage easement shall be provided along the length of the western property boundary with an adjacent and abutting fifteen (15) foot travelway/maintenance easement in order to maintain and rehabilitate the existing drainage easement. 7.2 Provision for Off site Removal of Earthen Material A. The excavation of earthen material and its stock piling in preparation of water management consideration of fill activities on those buildable portions o wed subject to the following conditions: limited to 10%of the total up to a maximum of 20,000 cubic yards. 2. All other provisions of said Division 3.5 arc applicable. 7.32 Environmental A. In accordance with 3.9.5.5.3 3.05.07 of the Collier County Land Development Code, twenty five percent (25%) of the viable naturally functioning native vegetation on site shall be retained. At the time of next development order submittal the petitioner shall identify, in its entirety, areas of native vegetation to be retained and/or areas of landscaping and open space to be planted with 100 percent native species to satisfy this requirement. Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 21 of 25 B. The approximate limits of ground water protection zone W-4 shall be delineated on the final plat. C. Prior to final site development plan approvals, a management plan for all individual areas of retained plant communities larger than one half(1/2) acre in area, as required by Collier County Land Development Code Section 3.9.5.3 3.05.06, shall be provided to Project Review Services environmental staff for review and approval. 7.43 Transportation A. The developer shall make a fair share contribution toward the capital cost of traffic signals at any of the project entrances when deemed warranted by the Transportation Services Department Director.The signals will be owned, operated and maintained by Collier County. B. The developer shall provide arterial level street lighting at all project entrances. C. All traffic control devices used, excluding street name signs, shall comply with the Manual on Uniform Traffic Control Devices(Chapter 316.07475, Florida Statutes). D. Twelve (12) foot minimum turn lanes shall be provided at all access points in accordance with Collier County Public Right-of-Way Manual and Ordinance 93-64. Compensating right-of-way for turn lanes and median area shall be dedicated by the developer to reimburse the County for the use of existing right-of-way prior to the issuance of the first "permanent" Certificate of Occupancy. Such dedication(s) shall be considered site related, and there shall be no road impact fee credit to the applicant. E. Payment of road impact fees shall be in accordance with the applicable ordinance as amended with the stipulation that payment shall occur at the time of building permit issuance or in accordance with the requirements of the Adequate Public Facilities Division 3.15. Chapter 6 of the Collier County Land Development Code. F. As illustrated on the Amended Golden Gate Commerce Park PUD Master Plan,the developer shall provide for the necessary ROWeppe-Fi#y for a roadway connectionextension to Access Road No. 2of Noah's Way to Collier Boulevard. G. All future transportation infrastructure improvements shall be consistent with the Activity Center#9 Interchange Master Plan.This includes adopted access management standards/guidelines, transportation system management (TSM) and transportation demand management (TDM) strategies. H. Trip Cap.The maximum total daily trip generation for the Commercial Mixed Use District shall not exceed 334 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. Interconnection.Vehicular and Pedestrian interconnection will be provided to the east and west to allow access to all connection points with Noah's Way, consistent with the conceptual PUD Master Plan, Attachment A-1.The final location of the access point will be coordinated with the adjacent property owner and a cross access easement will be provided at the time of the first Site Development Plan or Plat.The connection and supporting infrastructure will be constructed to the property line by the Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 22 of 25 developer or successors or assigns prior to the first Certificate of Occupancy.The interconnections shall remain open to the public. 7.€4 Utilities A. Water distribution, sewage collection and transmission and interim water and/or sewage maintained in accordance with Collier County Ordinance No. 97 17, as amended, and other applicable County rules and regulations. B. It is anticipated that the County Public Works Department(hereinafter referred to as Department) will ult • demand and/or receive and tr at the sewage generated by this project. Should the County system not be in a position to supply potable water to the project he time development commences, the Developer, at his expense, will install and operate interim water supply and on site treatment facilities and/or interim on-site sewage tr atment and disposal facilities adequate to meet all ory agencies. An agreement shall be entered into between the tr atment facilities to be utili . approval of construction document c with the requirements of C. If an interim on site water supply, tr atment and transmission facility is utilized to serve the project, it must be proper' • • D. The utility• construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on site fconnect the project f the project's sewage when • my ntral r facilities becomes available. A€. Off-Site Utilities Improvements: 1. Water The existing off-site water facilities of the Department Collier County Water-Sewer District ("District") must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the county's Water Master Plan to ensureinsure that the DepartmentDistrict's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the DepartmentDistrict's existing committed capacity. 2. Sewer Text added is underlined,text deleted is struck-through Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 23 of 25 The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved 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. B. 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 by County 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. 7.5 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 Golden Gate Commerce Park PUDA-PL20210000150 - Revised June 14, 2023 Page 24 of 25 Section VIII — Deviations for the Commercial Mixed Use District 8.1 Deviation #1 Deviation#1 seeks relief from LDC Section 4.02.23.B which limits buildings within Activity Center#9 to three complementary character themes: Everglades, Rural, and Old Florida to instead allow a different character theme complementary to the surrounding nonresidential development. 8.2 Deviation #2 Deviation #2 seeks relief from LDC Section 4.02.23.C.1 which requires all primary facades of a building to have features that characterize the area character themes to instead require only the primary facades of buildings facing Collier Boulevard and Magnolia Pond Drive to feature a porch, portico, elevated first floor or elevated entry, or any other treatment which the County Manager or designee determines to represent the chosen character theme. 8.3 Deviation #3 Deviation #3 seeks relief from LDC Section 4.02.23.D.1.a, which requires a 25-foot landscape buffer along the eastern PUD boundary adjacent to Collier Boulevard,to instead allow a variable width buffer of 6-foot and 17-foot wide consistent with the requirements of LDC Section 9.03.07.C.3. 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C pm$ v A �r m mt 0 m l nginecring-Environmental e IS GOLDEN GATE LANDSCAPE BUFFER " ►III Waicr Resource-Survey COMMERCE PARK PUD EXHIBIT r .w, „�-;,,,�rww S ISSUED FOR:PERMITTING _ _ ' ' II „,,,,,,,,,,, l ,,,,,, N 1 .N�Rld or SUFFER NMTIMM�,11IMF , ,,it 9 Isr .:-:ii,k...):1* ,:..-: 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. 2023-32, 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