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HEX Final Decision #2025-39 HEX NO. 2025-39 HEARING EXAMINER DECISION DATE OF HEARING. INSTR 6745200 OR 6520 PG 1745 RECORDED 10/27/2025 P 44 October 9, 2025 CLERK OF THE CIRCUIT COURT8:23AM ANDAGES COMPTROLLER COLLIER COUNTY FLORIDA REC$375.50 PETITION. Petition No. PDI-PL20250004433 - Request for an insubstantial change to the Collier Boulevard Mixed-Use Commerce Center Planned Unit Development (PUD), Ordinance Number 01-10, as amended, to modify the Master Plan to add an additional access point to the Abercia South development on the south side of Magnolia Pond Drive, in Section 34, Township 49 South, Range 26 East, Collier County,Florida. GENERAL PURPOSE FOR THE PETITION. The petitioner requests an insubstantial change to the Collier Boulevard Mixed-Use Commerce Center Planned Unit Development (PUD), Ordinance Number 2001-10, as amended, to add an additional access point to the Abercia South development on the south side of Magnolia Pond Drive. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier County Code of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in-person in accordance with Emergency/Executive Order 2020-04. 4. The Neighborhood Information Meeting (NIM) was advertised and held at 5:30pm on July 9, 2025, at Spring Hill Suites by Marriott Naples, 3798 White Lake Boulevard, Naples, Florida. This meeting was also advertised as having a virtual attendance option via Zoom.No members of the public attended the meeting, and there was no remote participation; therefore, the NIM was terminated at 5:45pm. 5. The public hearing was conducted in the following manner: the County Staff presented the Petition followed by the Petitioner and/or Petitioner's representative,public comment and then Page 1 of 5 rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the public hearing. 6. The County's Land Development Code Sections 10.02.13.E.1. and 10.02.13.E.2 lists the criteria for an insubstantial change to an approved PUD ordinance. The Hearing Examiner acting in the capacity of the Planning Commission shall make findings as to the original application with the criteria in Land Development Code Sections 10.02.13.E.1. and 10.02.13.E.2.' LDC Section 10.02.13.E.1 Criteria: 1. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? The record evidence and testimony from the public hearing reflects that no, there is no proposed change in the boundary of the PUD. 2. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? The record evidence and testimony from the public hearing reflects that no, there is no proposed increase in the number of dwelling units, the intensity of land use, or the height of buildings within the development. 3. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? The record evidence and testimony from the public hearing reflects that no, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. 4. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial, and industrial land uses (excluding preservation, conservation, or open space), or a proposed relocation of nonresidential land uses? The record evidence and testimony from the public hearing reflects that no, the requests do not impact the size of non-residential areas or propose to relocate such areas within the PUD boundary. 5. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? The record evidence and testimony from the public hearing reflects that no, there are no substantial impacts resulting from this amendment. 1 The Hearing Examiner's findings are italicized. Page 2 of 5 6. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The record evidence and testimony from the public hearing reflects that no, the proposed amendment would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers. 7. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? The record evidence and testimony from the public hearing reflects that no, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. 8. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? The record evidence and testimony from the public hearing reflects that no, there will be no incompatible relationships with abutting land uses. 9. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? The record evidence and testimony from the public hearing reflects that no, the County's Comprehensive Planning staff determined that the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Transportation planning staff reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. 10. The proposed change is to a PUD district designated as a development of regional impact (DRI)and approved pursuant to F.S. §380.06,where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19).Any change that meets the criterion of F.S. §380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13. The record evidence and testimony from the public hearing reflects that the project is not a DRI. Page 3 of 5 11. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. The record evidence and testimony from the public hearing reflects that based upon the analysis provided above, the proposed change is not deemed to be substantial. LDC Sec. 10.02.13.E.2 Criterion: Does this petition change the analysis of the findings and criteria used for the original application? The record evidence and testimony from the public hearing reflects that it is essential to note that the rezoning criteria have remained unchanged since the original analysis conducted in 2000. County staff reanalyzed the PUD for petition PDI20180003363, staff have therefore analyzed this petition with the findings and criteria used in 2018 and conclude that there is no change to said analysis. Transportation Element: The record evidence and testimony from the public hearing reflects that the Transportation Planning staff reviewed the application and found that this project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). The requested change is to add an additional access point on Magnolia Pond to the current Master Plan. There are no proposed changes to the commercial or residential development allowed by the PUD, and no additional transportation impacts due to this change, and the Transportation Planning staff recommends approval. DEVIATION DISCUSSION. The petitioner is not seeking any deviations as part of this application. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public,the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code to approve the Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No. PDI-PL20250004433, filed by Philip DiMaria,AICP, CNU-A,of Kimley-Horn and Associates,Inc.,representing the owners Magpond, LLC, and Richman Naples Development Partners, LLC, with respect to the subject property that comprises 25.84 acres located in the northwest quadrant of I-75 and Collier Boulevard, in Section 34,Township 49 South, Range 26 East, Collier County,Florida, for the following: Page 4 of 5 • An insubstantial change to the Collier Boulevard Mixed-Use Commerce Center Planned Unit Development(PUD), Ordinance Number 2001-10,as amended,to modify the Master Plan to add an additional access point to the Abercia South development on the south side of Magnolia Pond Drive. Said changes are fully described in the Proposed Insubstantial PUD Revision attached as Exhibit "A" and the Ordinance 2023-31 attached as Exhibit "B", and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A—Proposed Insubstantial PUD Revision Exhibit B—Ordinance No. 2023-31 LEGAL DESCRIPTION. The subject property comprises 25.84 acres located in the northwest quadrant of I-75 and Collier Boulevard, in Section 34,Township 49 South, Range 26 East, Collier County,Florida. CONDITIONS. • All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER. 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. APPEALS. This decision becomes effective on the date it is rendered.An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. October 24, 2025 1 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 5 of 5 EXHIBIT "A" Collier Boulevard Mixed-Use Commerce Center-20253 Planned Unit Development Approximately 70 Acres Section 34 Township 49 South,Range 26 East Collier County, Florida Prepared for: New Magpond2 A LLC CT AL 8441 7978 Cooper Creek Blvd University Park,FL 34201 Prepared by: Kimley-Horn and Associates 1777 Main Street Suite 200 1800 2nd Street,#900 Sarasota,FL 34236 Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce CenterPUDA PL20210000419PDI-PL2025000433-Revised June 3044,20253 Page 1 of 25 SECTION II - Property Ownership, Legal Description, Short Title and Statement of Unified Control 2.1 Property Ownership The Auto Vehicle Parts Company currently .own the cu►, t e t Magnolia Nagle, Apartments LLC and Richman Naples Development Partners II, 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. 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". Text added is underlined,text deleted is struck-through Collier Boulevard Mixed Use Commerce Center P-U-BA-o120210000 19 PDl-PL2025000433 -Revised June 3044,20254 Page 5 of 25 1+,1, i COLLIER BLVD,(140'R.O.W.) 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OIL Cz =V Y yf�'Z W W� S O W 4 el i 1 _Wf9 -. g u m i 11 mw[5 i fit `8$tj`a ,,T-;. l?Z_gz]ii r..q, m O K U q �j�': 8 8g� -- -.. } =W p~� 2W W�?>`ZWW;O J 0 x aN LL.. flu: � .g>- .4 g 1t ii-- i 88ga. o'Q o", 01 u• "Y 4 [S� 1�wiR2 ��_ iS �• DivW W OIlJb3e ,- V¢U ei Fr-ZZ 3 1- �j$'U6 A If LL_ZZ W8ZOZW WZ tld C� ¢ ¢.. _ U 0 Y_ n p cc W W mLL O4aF m ZSga 2��5K tnNa 2mOm EXHIBIT " B " ORDINANCE NO. 2023- 11 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 70.001 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210000419] WI IER.EAS, 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 1-75 and Collier Boulevard; WHEREAS, Philip DiMaria, A1CP, 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/I 1169 Collier Boulevard Mixed Use/PL202 100004 19 I of 2 6-14-23 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 13 day of .1U ,2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY,FLORIDA By: �A 4,....N7 By: Attest as to ChairmAeputy Clerk Rick LoCastro,Chairman signature only This ordinance filed with the t.c etory of Stote's Offi a,�,th�y Approved as to form and legality: day of Zia-, .1f1� 1 and acknowledgement of that filin received this &IL day Heidi Ash on-Cicko of By Managing Assistant County Attorney Deputy Clerk Attachments: Exhibit A - PUD Document J21-CPS-02152/1798232/1 J 169 Collier Boulevard Mixed Use/PL20210000419 2 of 2 6-14-23 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 R-SO-E-nsere-Way Naples, FL 34110 Mm Project 1992111, AND nG Q nNDERSON nn r �^'����r Oak 9riEre, Ste, On Naples, FL 34108 July 2000 a d S ,rei her--2200D Reusecl--Oe-taber-2000 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 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 Development District 16 SECTION VIII-Development Commitments 21 EXHIBITS Exhibit A—Amended P-LJD 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 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) 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, ell dosed is for.,.hundred and thirty t► ree (433) o.,43 3 sed for res tend"' 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 3.1.1-4.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 4:5 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 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; ;s;o„ 1 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 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 €va'�,�,,.;;4,�PTExhibit 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 e n the subbject p acfe „rent rcgu:m: nditiea3-approved ita to Rezone Petit 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 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 's 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 alse 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-Pli-D-Maste-frRien-providera-fer-areas-ef-ee-wffer-€41-4Ael-retaidefft-631-145eTwateF 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 permits of-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 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 regu►ations 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-6 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 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 A"A-', 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 Subdivisieo-Peg ila4iens set forth in Section 3.2 of the LDC. Prior to the recording of the Final Subdivision Plat, when required by tie Subdivision Regulation set forth in Section 3410.02.04 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 3:3. Site Development Dlans, shall be applied to all platted parcels,where applicable. Should no subdivision of land occur, Section 3,3 10.02.03 shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4.6 Provision for Offsite Removal of Earthen Material r-4e pe4tieese#-# c project site, there is a s 1,offsite d' y-piermitte subject to the follewifig-ee►iditiees A. Excavation activitieseth i-t-ion of a "DevelopR3 " to Section 3.5.5.1.3 of the LDC Arti€4e "V of the-rce ' reval-shall-Re 207000-c is-yar-ells 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 8. A-timetable to facilitate said removal shall-bc submitted to th I t l4c+€4 f ie the IR th f Y It r ill tak * I t r rsc i�o r c i i i rem—�r'{rrzmce-c�crn-rrprccc i C. All other previsions of Section 3.5 of the LDC Article IV are applicable. 4.76 PUD Monitoring The Collier--Beu-levar4-Mixed Use Commerce Center PUD shall--be subject to Section 2.7.3.4 of the LDC,Time 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--Rem , Pi atien 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. 4.189 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 4.4410 Archaeological Resources The developer shall be subject to the provisions of Section 2.03.07.E Scction 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. 4.4211 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. 4.1312 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. 4.4413 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. 4.4615 Landscaping All landscaping shall be in accordance with the requirements of Divisise-2,4 Section 4.06.00 of the Collier County Land Development Code and the adopted Activity Center#9 Interchange Master Plan. 4.4716 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 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 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 SECTION VI - Permitted Uses and Dimensional Standards for Residential �-�om„-EntDistrict 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 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 P 4D Master Plan, Exhibit A designatesd 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, ^"^sion 3.3 Section 10.02.03, and Oivisien-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 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) A� et#e b typ th ~ si dential .. 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 j_3_1 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 Ya 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 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 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 develo , ,sublect 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 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 Div We-R-3.=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. be permitted to extend beyond-the-boar-ef the al^ a the north in the Golden Gate 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 7911-7941,7991,7993) 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 5311-5399) 16. Group Care Facilities (Category I and II); Care units except for homeless shelters and nursing home;subject to Section 2.6.265.05.04 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 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 59 9). 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 8243-82i39) 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 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 2.4 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 Divfsian-2.4 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(21 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 Distance Between Structures .5 BH Floor Area Min.(SFZ 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 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. S. 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 develop • •nto the ^ crty. Such lighting shall be in place prior-te 2. The road impact fce shall be as set forth in Road Impact Fee Ordinance 200 , the-time-k+ ' • • 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 • Devices as required by Chapter 346.0745, Florida Statutes. 5. Roads internal te-the project is serve resid 6. The-developer , issuance of the first certifi Ordinance 82 91 g1. 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 whiehs anticipated to b .These signals will be owned,operated and maintained by Collier County. 8. Allla-nd development activities and future transportation infrastructure improver nt�'nl-be consistent with the Activity Center ti9 Intercha management standards/guidelines,tran 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. 1-93. 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. 125. and-te-provide-for mitigation pursuant to Policy 5.1 a tichea5-aavis-Pootevarri-jost-to-t-hewe-st-of-ColTief-Booleverd-is-imprevetl-frare-twe-te-faur-1-artesr the acme ed to satisfy the road finance for said platted area. The develeperowner 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 Tp roject developer. facilities to serve the project are to be designed, constructed,conveyed,own accorda ht-y--9rdfn-an and regulations. 2. All customers co t• 0« th ' a' t i t' d u ollection fasiliti" aCcvrrstructed Will-b customers shall b^ stomers of the interim uti-lity-established4o-serve-the-pteject-u-ntil-the • pursuant to Chapter 367, Florida Statutes,that the Florida Public Service Co these trough its sewer facilities. 4. The utility construction docu E th r t' °t" `hall t th d" nd construction of an on site forceraaect the project to the future central t line vc-r•c-rob .� i b" "lable- 5. Prior to or at the time of sub lans and the final plot for the project,the potable-water-supply-from the Colli e property and eri;ce: 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 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. 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 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. 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Z A' '•-'•"�'•..__�•r � ___-�...�• -____ _wmt'O<i[i�„[WOr5pY WFZa ,'r ..�..�• —_••• �-r �a(nYT11n11'='I2r3z �avizW�`-='� to 9),Y J'00'SO ^U< V<2 W 1 NI W W' Z U V C.1"OJ la 1"J { 'NYCCv:X+nlal(f11 1-•- ct,4§l w>1 . a'L,utii w}.1..)AC owr cn)).io.'IM1.o:. I:1pWfitL y7r8 OS W7SI , c `c L3i V.°.1IW/1W��T EZ," W eJ,IC<? 6;#n'6 — 0 x t s 7„ . COLLIER BLVD.(140'R.O.W.) E :I 2 I IL 9u 'e,r►a 3 `�, 1N3N35V3 Alll[l f1 OW 30VNIVtU i % 1 -, 1 V r1 UiI y1 U IW 1 1 2 U W 1 I - 5 ¢ $ Jco ' 1 1 1 3 ;•• VN WI g 1 liln I um d1 1 zm >U ww 1 oc rca • i �—� W~ V 7 1 O\o 0Z°'N 5 1 z W Q QWo-o LL 1 f yN Z�2‘r•-�--- I Z I N 0 N 1 1 1 wrp ; I ,. II 'ZC W I Q,n'1 1 m ^ 1 1 O e _ , W / W 1 U Lt 1 VJ \ YaI fn(7 Z I W M e + i 1 4.Z Z W -I Colo /w `- I W t4 OZ4� a W/a> (I/ fI >- a L6 in OE Z (1 a �MMi w 1,1 Y. 71 ___ _Y�J W 7 ' W W rpl W '� / 1n s >I $ c Uq 3 E1 P U F p 1 a T 2_(w, I W Z -. l7 01 n s y;.; .V,1 z Z N7 V CZ Lb U. �?•_ 0, �-J 1�1 1-.. , ,Q V u ¢ILJ m3�r .WW. 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U Q ar "z2 ffi 77 T+Q z� J c9 a of W i w f �� mwu�twiZmowN� ZOaz�pyz�0 y w d ow �� o iQh i � >���oJz1z uzi�n8ZSo'o"o W d Q L wx v hint 0 "5 liWW uV)w w �- n zNKKY1N RRR 32womorrcQ6rNZ O 1111 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\rld1PUD-90210.doc Page 20 o120 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'S5"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. 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Om < ZW gO p p ct al 0 W CO z gi- a W ms w Ro m a40 za W= % ab Xh ¢ {y�� 2 to Z �`In au m� n F nu b d �'a Gf r+ � 6 In VI (UMW nO1S3MN121ON \ i < <¢ T - �)0 <a m IJ ri 4 u3 JAIL J0 3N11 1S3N) (,f ,ti.�i,ce \1" „SS,f1.00 S (.-I J.'.6,.f. i)1. ..Sf•1 S.00 v oto tr,j ,z f ,i YJ Et, FLORIDA DEPARTMENT OfSTATE 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