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Ordinance 2024-15
ORDINANCE NO. 2024- 1 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE ESTATES (E) ZONING DISTRICT WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 FOR A PROJECT TO BE KNOWN AS GMA CPUD, TO ALLOW 125,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE (C-3) AND INDOOR AIR-CONDITIONED MINI AND SELF-STORAGE (SIC 4225) USES, OF WHICH UP TO 80,000 SQUARE FEET OF GROSS FLOOR AREA MAY CONSIST OF INDOOR AIR-CONDITIONED MINI AND SELF-STORAGE FOR THE PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD, APPROXIMATELY 773 FEET WEST OF THE INTERSECTION OF IMMOKALEE ROAD AND RANDALL BOULEVARD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, CONSISTING OF 9.84± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20230002458] WHEREAS, Robert J. Mulhere, FAICP and Jeremy Chastaine, AICP of Hole Montes, representing GM Advisors, LLC (hereinafter "Developer") petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 27 East, Collier County, Florida, is changed from the Estates (E) Zoning District within Wellfield Risk Management Special Treatment Overlay Zones W-3 and [23-CPS-02342/1845670/1] 150 Randall Blvd-Immokalee Road /PL20230002458 2/14/24 1 of 2 W-4 to a Commercial Planned Unit Development (CPUD) Zoning District within the Wellfield Risk Management Special Treatment Overlay Zones W-3 and W-4 for a 9.84+/- acre project to be known as GMA CPUD, in accordance with Exhibits A through F attached hereto and incorporated herein by reference. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. lu).4- I LI becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this a( day of Ara t ( '\--, 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. K.I CLERK COLLIER COUNTY, FLORIDA e�iA , ii By: g �, . . By: Attest'. o ha r�mark' 'II eputy Clerk ris Hall, Chairman srgnatvvrtiy`° Approved as to form and legality: Th1s ordinance filed with the story of Sta s ie' O`ffi�w„." lit d 70 , F�- day of -1 r 'flog." Ashton-Cicko 2 14 24 and acknawiedgeme , >f that film• recei ed this 4 day Managing Assistant County Attorney of :sP .�C.o.C.o.B . • ` � . Chrt Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development and Design Standards Exhibit C - Master Concept Plan Exhibit D - Legal Description Exhibit E - Deviations Exhibit F - Development Commitments [23-C13S-02342/1845670/11 150 Randall Blvd-Immokalee Road /PL20230002458 2/14/24 2 of 2 EXHIBIT A GMA CPUD PERMITTED USES 1. TRACT C - COMMERCIAL A maximum of 125,000 square feet of gross floor area of the following uses is permitted. A. Principal Uses: 1. Accounting (SIC 8721). 2. Adjustment and collection services (SIC 7322). 3. Advertising agencies (SIC 7311). 4. Amusement and recreation services, indoor (SIC 7999 martial arts, yoga and gymnastics instruction, gymnastic schools, and recreation involving physical fitness exercise only). 5. Animal specialty services, except veterinary (SIC 0752, only dog grooming pedigree record services for pets and other animal specialties, and training of pets and other animal specialties; excluding outside kenneling). 6. Apparel and accessory stores (SIC 5611-5699). 7. Architectural services (SIC 8712). 8. Auditing (SIC 8721). 9. Auto and home supply stores (SIC 5531). 10. Banks, credit unions and trusts (SIC 6011-6099). 11. Barber shops (SIC 7241, except for barber schools). 12. Beauty shops (SIC 7231, except for beauty schools). 13. Bookkeeping services (SIC 8721). 14. Business associations (SIC 8611). 15. Business consulting services (SIC 8748). 16. Business credit institutions (SIC 6153-6159). 17. Business services - miscellaneous (SIC 7389, except auctioneering service, automobile recovery, automobile repossession,batik work,bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles,swimming pool cleaning,tape slitting,texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). Page 1 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff(1-9-2024)\GMA CPUD Document(PL-20230002458)(1-9-2024).docx 18. Child day care services (SIC 8351). 19. Churches. 20. Civic, social and fraternal associations (SIC 8641). 21. Commercial art and graphic design (SIC 7336). 22. Commercial photography(SIC 7335). 23. Computer and computer software stores (SIC 5734). 24. Computer programming, data processing and other services (SIC 7371- 7379). 25. Credit reporting services (SIC 7323). 26. Direct mail advertising services (SIC 7331). 27. Drug stores (SIC 5912) 28. Eating places (SIC 5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of LDC section 5.05.01. 29. Engineering services (SIC 8711). 30. Essential services, subject to LDC section 2.01.03. 31. Federal and federally sponsored credit agencies (SIC 6111). 32. Food stores (SIC 5411-5499). 33. Garment pressing, and agents for laundries and drycleaners (SIC 7212). 34. General merchandise stores (SIC 5331-5399). 35. Glass stores (SIC 5231). 36. Hardware stores (SIC 5251). 37. Health services, offices and clinics (SIC 8011-8049). 38. Home furniture and furnishings stores (SIC 5712-5719). 39. Home health care services (SIC 8082). 40. Household appliance stores (SIC 5722). 41. Indoor Air-Conditioned Mini and Self-Storage (SIC 4225) not to exceed 80,000 square feet of gross floor area. 42. Insurance carriers, agents and brokers (SIC 6311-6399, SIC 6411). 43. Landscape architects, consulting and planning(SIC 0781). 44. Legal services (SIC 8111). 45. Loan brokers (SIC 6163). 46. Management services (SIC 8741 and SIC 8742). 47. Membership organizations, miscellaneous (SIC 8699). 48. Mortgage bankers and loan correspondents (SIC 6162). 49. Museums and art galleries (SIC 8412). 50. Musical instrument stores (SIC 5736). 51. Paint stores (SIC 5231). 52. Personal credit institutions (SIC 6141). 53. Personal services, miscellaneous (SIC 7299 - babysitting bureaus, clothing rental,costume rental,dating service,debt counseling,depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service,and hair removal only)with 5,000 square feet or less of gross floor area in the principal structure. 54. Personnel supply services (SIC 7361 and SIC 7363). 55. Photocopying and duplicating services (SIC 7334). Page 2 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff(1-9-2024)\GMA CPUD Document(PL-20230002458)(1-9-2024).docx 56. Photofinishing laboratories (SIC 7384). 57. Photographic studios, portrait(SIC 7221). 58. Physical fitness facilities (SIC 7991; SIC 7911, except discotheques). 59. Political organizations (SIC 8651). 60. Professional membership organizations (SIC 8621). 61. Public administration(SIC 9111-9199,SIC 9229,SIC 9311, SIC 9411- 9451, SIC 9511-9532, SIC 9611-9641). 62. Public relations services (SIC 8743). 63. Radio, television and consumer electronics stores (SIC 5731). 64. Radio, television and publishers advertising representatives (SIC 7313). 65. Real Estate (SIC 6531-6552). 66. Religious organizations (SIC 8661). 67. Repair services - miscellaneous (SIC 7629-7631 except aircraft electrical equipment repair except radio), SIC 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 68. Retail nurseries, lawn and garden supply stores (SIC 5261). 69. Retail services - miscellaneous (SIC 5921-5963 except pawnshops and building materials, SIC 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 70. Secretarial and court reporting services (SIC 7338). 71. Security and commodity brokers, dealer, exchanges and services (SIC 6211-6289). 72. Shoe repair shops and shoeshine parlors (SIC 7251). 73. Surveying services (SIC 8713). 74. Tax return preparation services (SIC 7291). 75. Travel agencies (SIC 4724, no other transportation services). 76. United State Postal Service (SIC 4311, except major distribution center). 77. Veterinary services (SIC 0742, excluding outdoor kenneling). 78. Videotape rental (SIC 7841). 79. Wallpaper stores (SIC 5231). 80. Any other commercial use which is comparable in nature with the list of permitted uses, as determined by the Hearing Examiner or Board of Zoning Appeals (BZA), pursuant to the process outlined in the LDC. B. Accessory Uses 1. Uses and structures that are accessory and incidental to the permitted uses above. 2. Stormwater management treatment, conveyance facilities, and structures, such as berms, swales, and outfall structures. 3. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to LDC Section 4.02.12. Page 3 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff(1-9-2024)\GMA CPUD Document(PL-20230002458)(1-9-2024).docx C. Prohibited Uses 1. Educational plants and public schools subject to LDC Section 5.05.14. 2. Funeral services (SIC 7261). 3. Gasoline service stations (SIC 5541). 4. Group care facilities(category I and II,except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. Page 4 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff(1-9-2024)\GMA CPUD Document(PL-20230002458)(1-9-2024).docx EXHIBIT B GMA CPUD LIST OF DEVELOPMENT STANDARDS The table below sets forth the development standards for land uses within the GMA CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code in effect as of the date of approval of the Site Development Plan. PRINCIPAL USES ACCESSORY USES MIN. LOT AREA 10,000 S.F. N/A MIN. LOT WIDTH 150 FT. N/A PERIMETER SETBACKS Front (North) 25 FT. SPS Side (East) 30 FT. SPS Side (West) 25 FT. SPS Rear(South) 50 FT. SPS WATERBODY SETBACKS Canal (East) 0 FT. from LBE SPS Lakes 0 FT. from LME MIN. DISTANCE BETWEEN 50%of the sum of the heights of the SPS STRUCTURES buildings, but not less than 15 FT. MAXIMUM HEIGHT Zoned 40 FT. 25 FT. Actual 47 FT. 32 FT. MIN. FLOOR AREA 700 S.F. (ground floor) N/A S.F.—square feet;N/A—not applicable; SPS—same as principal structure,LBE—landscape buffer easement;LME— lake maintenance easement. Page 5 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff(1-9-2024)\GMA CPUD Document(PL-20230002458)(1-9-2024).docx PERIMETER LANDSCAPE BUFFERS Direction Buffer Type North, adjacent to Immokalee A 15' Enhanced Type D Buffer, with two rows of trees spaced Road 30' on center, and a double hedge row consisting of shrubs 24" in height spaced 3' on center. A minimum of 50% of the buffer area shall be comprised of meandering shrubs and ground covers other than sod. South and Wast A minimum 50-foot-wide native vegetation retention buffer area along the southern perimeter and a minimum 25-foot-wide native vegetation retention buffer area along the western perimeter. Up to 25% of the width of the southern perimeter buffer may be utilized for stormwater management. Retained native vegetation within these buffers may be used to satisfy the LDC native vegetation retention requirement. The retained native vegetation within these buffers may be used to meet the LDC buffer planting requirements after exotic vegetation removal in accordance with LDC Sec. 4.06.02 and 4.06.05.E.1. Supplemental plantings utilizing native plant materials may be required in accordance with LDC Section 3.05.07, to ensure that 80% opacity is achieved within one year of planting. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. No additional setbacks from these native vegetation buffer areas shall be required. If, at the time of issuance of the first building permit for a commercial structure within this CPUD, the property to the west has been rezoned to allow for non-residential use, the 25-foot- wide native vegetation retention buffer area along the western perimeter may be reduced to a 10' Type A buffer. East 5' Type A shall be provided, 58 feet from the eastern property line. Page 6 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff(1-9-2024)\GMA CPUD Document(PL-20230002458)(1-9-2024).docx I I\ ! ! ! 111 cQc 0 tl \ \\ a a OF < y O. \ \ /4 C r r �i W a o _ ' \ Q 2 W g o O a w Z \ \ C ? a p6Z HZ \ \\ W 2 CJ W •\ \ I G w Ll 1 Z CI O W w p\ '\ ui wpw >p z ~Lu a 7O ,_ • III70 I- U F-JgLL� >H Zm w.>H W > X V� wWLrw a ww Le-iZwH � > Wa _ • \ S c.)a -�At 4 • Z oil.-tli* z�\ ao W CIO w Z > � ' 0dp \\ (n2d'F c/W�w Q Orz<0a ez O,S'N\\ Y„ C��CLL cA?�yW �w�u,i� b. pill \\ Z7w- w� I- I- _¢¢ _ g\\\ Y�w. NJU�, < aZ §M �d dwNO Ov s F'\ w in lbN1fJ — 1vNvo \ _ AiEl - 1 1 \ \ w W J H ? F ) :el-z cr,_ wa ��Li wW�z LEI z'.! a �, ` oa �Gi)CC�w�ICI c9 2 O \ ,` r �i W 7Z-1pz • W \ ,., 00` C� �? \ \ \ oz/ ¢¢gW S . > �,s N \ \\ u fm l U0 1 '•P ~O « 0 jl \ 4 /' n. 0 I \ '' \ \\ it 0 3N133ILSONb F° J ` �.0 \ ' t w I 3J < Z Z \ 0O H w i ' ww4 o ca% � 11111te z? i„Wcr)co g { dOC l z w00 z�j- rn (JjW > �/ �Q�ll Z2Z0303 I 111111 N cc ,H 3WILNIR9R3Lk 03dO13/�34Nf1 3S(1l1Ntl1 I C-AN1S-3:UNINOZ PRIPn Millie Page 7 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff(1-9-2024)\GMA CPUD Document(PL-20230002458)(1-9-2024).docx i . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . �. . . . . . . . I \ | . /| § ; el ! ! . § ! ■ !! . }) j[ r < o/ &m §/ , = 0 ® 0 `Ik&}7 ) \§/Z wQ0(§ � t] 23,_. .<Q$/ , • ,j/wa<-ww[ woomuco$i�§2 « i£f]$ec£eW ` )§%re])3ko=# § Ceo «(DU Lo ! j a= u- Eu_u =2mw< ff 4 ! «<,W0-1YWu -ma °�=GW±; /cW /5/@_Ul_U0+b �oE#2QQ C') § ,L§(§k§ƒ999 1'Iiril o %$ �2� © � i >_§#2§§0- \g2 M±@(]IE\ƒk@ g § 1 i 1 23f \ 0 »E / / 2(± / -MI. {% . 0 /•$ ou wq 2 �)/ /§ ( ase I . 7§§ 1< \ ))} � I. ii ®J g /�§± - g Zw)§ »ce i <, *2 , k2D� °S ; I DWo OR \w jq)E D z w Page 8 of 13 , H: 023\202305\WP\ u Z\Sent»Staff U-2241\GMAC u Document$b2G, 00 Qgmla22ggA= EXHIBIT D GMA CPUD LEGAL DESCRIPTION All of Tract 35, Golden Gate Estates, Unit No. 23, according to the plat thereof as recorded in Plat Book 7,Page 9, of the Public Records of Collier County,Florida, LESS that portion for road right- of-way described in Official Records Book 3100, page 2570, Public Records of Collier County, Florida; and All of Tract 36, Golden Gate Estates,Unit.No. 23, according to the plat thereof as recorded in Plat Book 7, Page 9 — 10, of the Public Records of Collier County, Florida, LESS that 0.5722+ acre portion for road-right-of way described on the boundary survey as AREA EXCLUDED FROM PUD; and All of Tract 53, Golden Gate Estates, Unit No. 23, according to the plat thereof as recorded in Plat Book 7,page 9, of the Public Records of Collier County,Florida, LESS that portion for road right- of-way described in Official Records Book 3100, Page 2577, Public Records of Collier County, Florida. TOTAL AREA: 9.84 ACRES± Page 9 of 13 H:A2023\2023025\WP\PUDZ\Sent to Staff(1-9-2024)\GMA CPUD Document(PL-20230002458)(1-9-2024).docx EXHIBIT E GMA CPUD LIST OF DEVIATIONS 1. Deviation 1 (Buffer Requirements) seeks relief from LDC Section 4.06.02- Buffer Requirements, Table 2.4, Footnote 3, which states that "Buffer areas between commercial outparcels located within a shopping center, Business Park, or similar commercial development may have a shared [Type A] buffer 15 feet wide with abutting property contributing 7.5 feet" to instead allow a shared buffer 10 feet wide with each abutting property contributing 5 feet. Page 10 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff(1-9-2024)\GMA CPUD Document(PL-20230002458)(1-9-2024).docx EXHIBIT F GMA CPUD LIST OF DEVELOPMENT COMMITMENTS 1. PUD MONITORING A. One entity (hereinafter the Managing Entity) shall be responsible for CPUD monitoring until close-out of the CPUD, and this entity shall also be responsible for satisfying all CPUD commitments until close-out of the CPUD.At the time of this CPUD approval, the Managing Entity is GM Advisors, 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, 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 the County that includes an acknowledgment of the commitment 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 will not be relieved of its responsibility under this Section. When the CPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of CPUD commitments. B. 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 obligation imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. 2. TRANSPORTATION A. The maximum daily trip generation for the CPUD shall not exceed 389 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. B. The owner or their successor shall, at the determination of the County Manager or designee, provide an interconnection to the adjacent property to the west should either or both properties rezone, change use, or make application for a Site Development Plan to/for a use that benefits from or requires an interconnection. Page 11 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff(1-9-2024)\GMA CPUD Document(PL-20230002458)(1-9-2024).docx C. The size and location of the compensating right-of-way for the required right turn lane for the western access point shall be determined at the time of site development review when specific development parameters are determined. D. Developer, on behalf of itself, its successors and assigns (including any and all future owners and tenants,within the development), hereby (1)waives any and all claims for compensation and damages, including but not limited to future business damages and addition or modification of medians, from Collier County as a result of the flyover or its construction; and (2) will give all successors, assigns, tenants and buyers, who purchase or lease land from the Developer a separate written notice of the planned flyover with the statement that the County will not construct any sound wall or other barrier of any kind to reduce the impact, noise, etc. of the flyover. This waiver does not include claims related to closure of access points as shown on the Master Plan or claims related to real or personal property acquisition of the PUD lands subsequent to the adoption of this PUD. 3. ENVIRONMENTAL A. The minimum required native vegetation preservation is +0.88 acre. Native vegetation preservation will be on-site. B. Retained native vegetation within Tract B may be used to satisfy the perimeter landscape buffer planting requirements after exotic vegetation removal in accordance with LDC Sec. 4.06.02 and 4.06.05.E.1. Supplemental plantings utilizing native plant materials may be required in accordance with LDC Section 3.05.07, to ensure that 80% opacity is achieved within one year of planting. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. 4. OTHER A. Light poles shall be limited to a height of 20' and dark sky compliant (flat panel, full cut-off fixtures-backlight, up light and glare (BUG) rating where U=0) to avoid light trespass onto adjacent property. B. The 15'wide Type"D"perimeter buffer adjacent to Immokalee Road shall consist of two rows of trees spaced 30' on center, and a double hedge row consisting of shrubs 24" in height spaced 3' on center. A minimum of 50% of the buffer area shall be comprised of meandering shrubs and ground covers other than sod. C. Prior to issuance of the first certificate of occupancy, Owner shall convey to Collier County and South Florida Water Management District, a twenty foot (20') wide nonexclusive access and maintenance easement located along the east perimeter of the PUD, free and clear of all liens and encumbrances and at no cost to Collier County or South Florida Water Management District. The applicant or successor Page 12 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff(1-9-2024)\GMA CPUD Document(PL-20230002458)(1-9-2024).docx entity shall allow access to this easement thought the improved access to the development along Immokalee Road. D. If, at the time of issuance of the first building permit for a commercial structure within this CPUD, the property to the west has been rezoned to allow for non- residential use, the 25-foot-wide native vegetation retention buffer area along the western perimeter may be reduced to a 10' Type A buffer. E. Developer, GM Advisors LLC, its successors and assigns, at time of SDP or plat, will install an opaque wall along the southern perimeter of the PUD except where the PUD abuts the County stormwater pond parcel. F. Within 90 days of the effective date of the PUD Ordinance, or if GM Advisors LLC does not own all of the PUD property, then immediately after the recording of the deed of conveyance to GM Advisors LLC under the Land Exchange Agreement dated November 9,2021,as amended,between GM Advisors LLC and Collier County; GM Advisors LLC, its successors and assigns, will record a restrictive covenant against the PUD property in favor of Collier County that prohibits residential rental development over 3 units an acre. Page 13 of 13 H:\2023\2023025\WP\PUDZ\Post BCC\GMA CPUD Document(PL-20230002458)(3-26-2024).docx ' ! 4l Yet FLORIDA DEPARTMENT of STATE RON DESANTIS CORD BYRD Governor Secretary of State April 1, 2024 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. 2024-15, which was filed in this office on April 1, 2024. Sincerely, Matthew Hargreaves Administrative Code and Register Director MJH/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270