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Ordinance 2016-45 ORDINANCE NO. 16- 4 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-08, THE COURTHOUSE SHADOWS PLANNED UNIT DEVELOPMENT BY INCREASING THE MAXIMUM SQUARE FOOTAGE OF THE SHOPPING CENTER AND OUTPARCELS BY 18,000 SQUARE FEET FOR A TOTAL OF 165,000 GROSS SQUARE FEET OF FLOOR AREA; BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL .35+/- ACRES OF LAND ZONED COMMERCIAL INTERMEDIATE DISTRICT IN THE MIXED USE SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED USE DISTRICT OVERLAY (C-3- GTMUD-MXD) TO THE COURTHOUSE SHADOWS PUD; BY ADDING A MEMBERSHIP WAREHOUSE CLUB WITH ASSOCIATED LIQUOR STORE USE AND ANCILLARY FACILITY WITH FUEL PUMPS AS A PERMITTED USE; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN AND ADDING DEVIATIONS. THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF US 41 AND OPPOSITE AIRPORT PULLING ROAD IN SECTIONS 11, 12 AND 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 20.35+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZA-PL20120001515] WHEREAS, KRG COURTHOUSE SHADOWS, LLC represented by D. Wayne Arnold, AICP of Grady Minor & Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the PUD and change the zoning classification of the additional herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Words struck through are deleted; words underlined are added [12-CPS-01190]218 Courthouse Shadows PUD Page 1 of 9 PUDZA-PL20120001515 12/14/16 Cq SECTION ONE: ZONING CLASSIFICATION The zoning classification of approximately .35 acres of the herein described real property located in Section 11, Township 50 South, Range 25 East, Collier County, Florida is changed from a Commercial Intermediate District in the Mixed Use Subdistrict of the Gateway Triangle Mixed Use District Overlay (C-3-GTMUD-MXD) to the Planned Unit Development (PUD) zoning district and when combined with the existing Courthouse Shadows PUD provides for a 20.35+/- acre project in accordance with Ordinance No. 92-8, as amended by this Ordinance. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: AMENDMENT TO TABLE OF CONTENTS OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 The Table of Contents of the PUD document attached to Ordinance Number 92-8, PUD is hereby amended as follows: TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE ii STATEMENT OF INTENT iii SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1-1 SECTION II GENERAL DEVELOPMENT REGULATIONS 2-1 SECTION III GENERAL DEVELOPMENT COMMITMENTS 3-1 EXHIBIT—"A"MASTER PLAN EXHIBIT—"B"LEGAL DESCRIPTION EXHIBIT—"C"DEVIATIONS FROM LDC REQUIREMENTS EXHIBIT—"D" BUILDING SIGNAGE Words struck through are deleted;words underlined are added [12-CPS-01190]218 Courthouse Shadows PUD Page 2 of 9 PUDZA-PL20120001515 12/14/16 r_,, SECTION THREE: AMENDMENT TO THE FIRST PARAGRAPH OF THE STATEMENT OF COMPLIANCE OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 The first paragraph of the Statement of Compliance of the PUD Document, attached as Exhibit"A"to Ordinance No. 92-8, is hereby amended as follows: The purpose of this Section is to express the interest of Collier Development Corporation KRG Courthouse Shadows, LLC to develop 20.0820.3± acres of land located in Sections 11, 12 and 13, Township 50 South, Range 25 East, Collier County, Florida. SECTION FOUR: AMENDMENT TO THE STATEMENT OF INTENT OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 The Statement of Intent of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: The purpose of this Section is to express the intent of the developer Collier Development Corporation to commence development of a commercial activity center planned unit of development. It is the intent of the developer Collier Development Corporation to continue the development of architecturally unified commercial establishments built on the project site and on the concept of planned arrangement and unified management control. The unified development approval under the PUD district designation will ensure that the proieet is aesthetically pleasing and functionally efficient. It will allow an efficient pattern of internal circulation to be established, and limited points of vehicular ingress and egress. These functional and aesthetic advantages, which cannot be provided in the conventional strip commercial development configurations, have been maximized and shall be sustained in the approval of this planned unit of development. This planned unit of development shall be limited to specific commercial uses which are compatible with uses permitted within activity centersand inter related to the business, operations of a shopping center. It is the interest of the developer Collier Development Corporation to continue development in accordance with the regulations of this Planned Unit of Development. It is the purpose of this document to set forth the complete plan, regulations and conditions of development along with other information required in accordance with the PUD ordinance. It is further the intent of the developer Collier Development Corporation to commence development once all necessary permits and approvals have been granted. Words struck through are deleted;words underlined are added [12-CPS-01190]218 Courthouse Shadows PUD Page 3 of 9 PUDZA-PL20120001515 12/14/16 fi SECTION FIVE: AMENDMENT TO SECTION 1.2 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 1.2 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: The subject property is currently under the control of Collier Development Corporation, 3003 North Tamiami Trail, Naples, Florida 33944KRG Courthouse Shadows, LLC, 30 S. Meridian St., Suite 1100, Indianapolis, IN 46204. SECTION SIX: AMENDMENT TO SECTION 1.3 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 TO ADD ACREAGE Section 1.3 of the PUD Document, attached as "Exhibit A" to Ordinance No. 92-8, is hereby deleted in its entirety and replaced by: See Exhibit B, Legal Description, attached hereto and incorporated herein by reference. SECTION SEVEN: AMENDMENT TO SECTION 2.1 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 2.1 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: The purpose of this Section is to set forth the regulations for development of the proposed 20.0820.3± acre Planned Unit Development identified on the Master Plan. SECTION EIGHT: AMENDMENT TO SECTION 2.3 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 2.3 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 2.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: Words struck through are deleted;words underlined are added [12-CPS-01190]218 Courthouse Shadows PUD Page 4 of 9 PUDZA-PL20120001515 12/14/16 A. Principal Uses: 1. Antique Shops 2. Appliance stores 3. Art studios 4. Art supplies 5. Automobile parts stores 6. Automobile service stations, including facilities with fuel pumps. 7. Bakery shops (including baking incidental to retail or wholesale sales) 8. Banks (branch or main office) and financial institutions 9. Barber and beauty shops 10. Bath supply stores 11. Blueprint shops 12. Bicycle sales and services 13. Book stores 14. Carpet and floor covering sales (including storage and installation) 15. Child care centers 16. Cocktail lounges, commercial recreation (indoor) 17. Clothing stores 18. Commercial schools 19. Confectionery and candy stores 20. Delicatessen; drive-in restaurants, drug stores; dry cleaning shops; dry goods stores and department stores. 21. Electric supply stores 22. Fish stores; florist shops; food markets (including facilities with fuel pumps); furniture stores; furrier shops and fast food restaurants. 23. Gift shops, gourmet shops 24. Hardware stores; health food stores; hobby supply stores; home for the aged 25. Ice cream stores; ice sales; interior decorating showrooms 26. Jewelry stores 27. Laundries, leather goods, and luggage stores; locksmiths and liquor stores 28. Meat market; medical office or clinic for human care; millinery shops; motion picture theater; music stores 29. Membership warehouse club with associated liquor store use and ancillary facility with fuel pumps. The facility with fuel pumps may not be open to the general public and shall be for only members of the membership warehouse club. 2.930. Office (retail or professional); office supply stores 3031. Paint and wallpaper stores; pet shops, pet supply stores; photographic equipment stores; post office 3-1-32. Radio and television sales and service; small appliance stores; shoe sales and repairs; restaurants 3233. Souvenir stores; stationery stores; shopping centers; supermarkets subject to site development plan approval. 3334. Tailor shops; tobacco shops; toy shops; tropical fish stores 3435. Variety stores; veterinary offices and clinics (no outside kenneling) Words struck through are deleted; words underlined are added [12-CPS-01190]218 Courthouse Shadows PUD Page 5 of 9 PUDZA-PL20120001515 f 12/14/16 L; 3536. Watch and precision instrument sales and repair 3-637. Any other commercial use of professional service normally allowed in C-3 Zoning District with approval of the Zoning Director as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. SECTION NINE: AMENDMENT TO SECTION 2.4 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 2.4 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 2.4 MINIMUM YARD REQUIREMENTS ********************************** F. Minimum internal setback from the additional 0.28± acre FDOT surplus parcel shall be zero (0) feet. SECTION TEN: AMENDMENT TO SECTION 2.8 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 2.8 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 2.8 SIGNS A. Individual Business Signs: Wall, marquee, or hanging sings signs below the canopy of the shopping eenteiprimary retail building, with an area not more than twenty percent (20%) of the total square footage of the front wall or facade area under the canopy, with a maximum of 250 square feet per rental unit, consistent with the locations shown on Exhibit D - Building Signage. SECTION ELEVEN: AMENDMENT TO SECTION 3.2A OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 3.2A of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: Words struck through are deleted; words underlined are added [12-CPS-01190]218 Courthouse Shadows PUD Page 6 of 9 PUDZA-PL20120001515 12/14/16 r� A. The PUD Master Plan is an illustrative preliminary development plan as prepared by Coastal Engineering Consultants, Inc. Drawing No. 91 223 Q. Grady Minor and Associates, P.A., Exhibit "A" Master Plan. The maximum square footage of the shopping center and outparcels shall not exceed a total of 147,000165,000 square feet. SECTION TWELVE: AMENDMENT TO SECTION 3.5 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 3.5 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 3.5 WATER MANAGEMENT A. An adequate access easement shall be provided for access through the shopping center to Haldeman Creek. B. Petitioner shall obtain a right-of-way permit for all construction within the Haldeman Creek easement. C. For purposes of stormwater management, the proposed redevelopment project shall be treated as a new development project; therefore, it will comply with the existing offsite allowable discharge rates and retention/ detention criteria, as the date of this PUD amendment approval. SECTION THIRTEEN: AMENDMENT TO SECTION 3.6 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 3.6 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 3.6 TRAFFIC A. The applicant is advised that future development activities are subject to land use controls consistent with the Collier County Growth Management Plan, as amended. Such controls may, from time to time, preclude the applicant's ability to initiate, continue and/or to complete the project improvements as presently scheduled. B. The owner, its successors, or assigns shall pay for the design and construction of a five foot sidewalk along Peter's Avenue up to the sum of$ 50,000.00, which shall represent its payment in-lieu consistent with LDC Section 6.06.02 for the entire site. Owner shall make payment to County within 30 days of approval of the Site Development Plan for the redevelopment. Words struckgh are deleted; words underlined are added [12-CPS-01190]218 Courthouse Shadows PUD Page 7 of 9 PUDZA-PL20120001515 12/14/16 C. Upon redevelopment of the site with a single large format retail user such as Sam's Club, the owner shall close the southernmost vehicular access to Peters Avenue. The project shall be permitted to have an emergency vehicle only entrance as shown on the Master Plan. D. The proposed new-revised parking island layout and building configuration shown on the master plan are conceptual and are not part of this zoning petition approval. Review and approval of any proposed site changes including but not limited to access entries, parking islands, and drive aisles shall be done at time of site development order (SDP/SDPA) E. The development is limited to the 662 total net new PM peak hour trips utilized in the Traffic Impact Statement dated March 18, 2016. SECTION FOURTEEN: AMENDMENT TO SECTION 3.7 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 3.7 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 3.7 ENVIRONMENTAL CONSIDERATIONS *** *** *** *** *** Text break *** *** *** *** *** H. Native vegetation shall be retained or replanted in accordance with SDP 98-75. As an alternative, the developer may also elect to provide offsite preservation of native vegetation in accordance with the LDC. SECTION FIFTEEN: AMENDMENT TO THE PUD DOCUMENT OF ORDINANCE NO. 92-8 TO REVISE EXHIBIT "A" MASTER PLAN Exhibit "A" Master Plan of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby deleted in its entirety and replaced with Exhibit "A", Master Plan, attached hereto and incorporated herein by reference. Words struck through are deleted; words underlined are added [12-CPS-01190]218 Courthouse Shadows PUD Page 8 of 9 PUDZA-PL20120001515 12/14/16 SECTION SIXTEEN: AMENDMENT TO THE PUD DOCUMENT OF ORDINANCE NO. 92-8 TO ADD EXHIBIT "C", DEVIATIONS The PUD Document, attached as Exhibit "C" to Ordinance No. 92-8, is hereby amended to add the following: See Exhibit"C", Deviations, attached hereto and incorporated herein by reference. SECTION SEVENTEEN: 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 34k—day of 1.2.---y, , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BR K, CLERK COLLIER COUNTY, FLORIDA A "1 ' 1.4,i i( Yx: t By: 'Q By: k Deputy Clerk D NNA FIALA, Chairman *St as 0 .K - WN , sign ure only. ;; t. r 6t a ;R'. Approved as to form and legality: 4A Ci(-- He di Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Master Plan Exhibit B - Legal Description Exhibit C—Deviations including Buffer Exhibit This ordinance filed with the Exhibit D—Building Signage tory of tote s Office the f doy of �G�"Y►�'�Y aOl co and acknowledgeme 4,f .dhat fill ree ived this It(-410 day of By .0 Words struck through are deleted;words underlined are added [12-CPS-01190]218 Courthouse Shadows PUD Page 9 of 9 PUDZA-PL20120001515 12/14/16 `,) ® iv -...z0.,.. z _ �,d z _ ., m z ya o oom"Ox on 0- D mNrmmz NG) 3(1N3AvSb31_ o zOmmay o°Z 2 N Z <z . w � p� / �❑ zl no -e3'C'rnOmG m Z0Nn omTr�1, O = TZ D C ma< o nmmm Gl m m O v mp Immym,a„ -, ♦ D Om 5 m N v• V)Sm0 \ 20 *mC4Or0m o 11z8zPci0mr O zz R ^ i, GO o r �/ qGO / • 1moM- 73- cP? ♦ , Zno Z -iamO (.0 73 •'. \ / o , Na 3 / ! mXZZmmPI /mnr-71m EY mH wH 0 nzy m n / % 110Zm r .' : II n : gm n0 'r ❑«m�oop 4/ \'' \ o ''',',.\,;''.-,'-',.• s 'BR // .,>16r pi♦ mm D z g;o L. X ;`�� N d636 4' '>/ � 2 � ❑ Im o / 0 Iz F N �, / 0 ' ' O I m .' I'� o % �oo y NI A N& //A‘ I D � , ti.;/ Izmm ©/' � Ozc c @ 6 rp // El �' / NI Z ZN o i. �, ��o �, \/ ml 1, \ m O 0.1 t - mov O▪ x ® 5N li og`� ; O D m! yAz AI poo 0 oz �ooG \ s� I pzW ,5r G mA \ C m ; �i 'i P I __ d Oz ` ]F .11 W C F • m :'' 'C �. &LU! �p 6 a yOnZ O N 0 -2 37.a' N / Q -01< nr o mZDL?nO -op Once \ r-m TOm nc, A 0 v x I an ♦ r Ea A�c1 D) rTi C9m co m \ \ • o n Sa m A •. r/� z b ♦ c m 0 = mo \ /0 ♦ � D mz ♦ in ♦ (---- t e tC \ c0r 0 m ♦ I>b m m nz '\ Fe ” z -I u u u \ 6,o cm `Z'l' . qco orno mN C o 0 w ♦ A o pover ♦♦ I / i \ >r_ OX \ n ♦ D \ I 1 19 1\z oo 4/ i s. csmwaomOco-venom anon raNacalGramon,m man�.wms loon ma � Courthouse Shadows PUD Exhibit B Legal Description BEING A PORTION OF LAND LYING IN SECTIONS 11, 12, & 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF THE PLAT OF COURTHOUSE SHADOWS AS RECORDED IN PLAT BOOK 29 PAGES 40-41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN ALONG SAID PLAT FOR THE FOLLOWING NINE (9) COURSES AND DISTANCES: 1. THENCE S 89° 01' 07" W, A DISTANCE OF 838.57 FEET; 2. THENCE N 00° 15' 36" W, A DISTANCE OF 276.13 FEET; 3. THENCE N 89° 59' 12" W, A DISTANCE OF 331.40 FEET; 4. THENCE N 00° 18' 23" W, A DISTANCE OF 30.00 FEET; 5. THENCE S 89° 28' 37" W, A DISTANCE OF 140.47 FEET; 6. THENCE N 00° 11' 18" W, A DISTANCE OF 757.17 FEET; 7. THENCE N 89° 15' 15" E, A DISTANCE OF 138.91 FEET; 8. THENCE N 00° 18' 23" W, A DISTANCE OF 100.34 FEET; 9. THENCE S 89° 13' 43" W, A DISTANCE OF 138.71 FEET TO A POINT ON THE EAST LINE OF PETERS AVENUE AS RECORDED IN PLAT BOOK 1, PAGE 56 OF SAID PUBLIC RECORDS; THENCE RUN ALONG SAID EAST LINE N 00° 11' 18" W, A DISTANCE OF 116.95 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3939, PAGE 463 OF SAID PUBLIC RECORDS; THENCE RUN ALONG SAID LANDS FOR THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1. THENCE N 38° 02' 06" E, A DISTANCE OF 138.66 FEET; 2. THENCE S 82° 55' 44" E, A DISTANCE OF 23.32 FEET; 3. THENCE S 51° 37' 15" E, A DISTANCE OF 37.56 FEET TO THE NORTHEAST CORNER OF SAID LANDS; THE SAME BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (US 41); THENCE RUN ALONG SAID LINE FOR THE REMAINING COURSES AND DISTANCES: 1. S 52° 02' 35" E, A DISTANCE OF 85.20 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 12° 59' 04", A RADIUS OF 1773.76 FEET, A CHORD BEARING AND DISTANCE OF S 45° 33' 03" E, 401.11 FEET; THENCE IN A WESTERLY DIRECTION, WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 401.97 FEET TO THE END OF SAID CURVE; 2. THENCE S 39° 03' 31" E, A DISTANCE OF 1306.74 FEET TO THE POINT OF BEGINNING. CONTAINING 20.35 ACRES MORE OR LESS. Page 1 of 1 n. Courthouse Shadows CPUD EXHIBIT C DEVIATIONS FROM LDC REQUIREMENTS 1. Deviation #1 seeks relief from Section 4.05.06.B of the LDC, which requires 3 loading spaces for the first 50,000 SF of each retail store, warehouse, wholesale establishment, industrial activity, terminal, market, restaurant, funeral home, laundry, dry cleaning establishment, or similar use which has an aggregate floor area of 20,000 but not over 50,000 plus one additional off-street loading space for each additional 25,000 SF over 50,000 SF or major fraction thereof which would require 7 loading spaces to instead allow a total of 5 loading spaces measuring 10'x20' (200 s.f.). This deviation applies to the location shown on the Master Plan. 2. Deviation #2 seeks relief from Section 4.06.02, Table 2.4 of the LDC, which allows a shared 15' landscape buffer to be provided between platted commercial building lots with each abutting property contributing 7.5 feet, to permit a single 8-foot wide average internal landscape buffer between separately owned lots as shown on the Conceptual Master Plan with each property contributing 4 feet. This deviation applies to the Outlot parcels as shown on the Master Plan. 3. Deviation #3 seeks relief from Section 4.06.02.D1 and D2 of the LDC, which requires the water management system to not exceed 50 percent of the square footage of any required side, rear, or front yard landscape buffer and also have a minimum of a 5' wide level planted area, to allow the water management system to encroach 100% into the perimeter landscaping buffer. 4. Deviation #4 seeks relief from Section 4.06.03.B of the LDC, which requires all rows of parking spaces shall contain no more than ten parking spaces uninterrupted by a required landscaping island, to allow up to 19 parking spaces uninterrupted by a required landscape island. 5. Deviation #5 seeks relief from Section 5.03.02.H and 5.05.05.D.2 of the LDC, which requires a wall or fence to be 6' away from the property line when a non-residential development lies contiguous to or opposite a residentially zoned district, to allow the wall or fence to be on or adjacent to the property line. 6. WITHDRAWN. 7. Deviation #7 seeks relief from Section 5.06.04.F.3 regarding directory signs to allow the existing directory signs with fewer than 8 tenant panels and at the existing height of 25' to remain. 8. WITHDRAWN 9. Deviation #9 seeks relief from Section 4.06.02.C.4 of the LDC, which requires a perimeter landscape buffer for properties within Activity Centers to be a minimum of 20 feet in width, to permit a minimum width of 15' with an average width of 20' as shown on the Buffer Exhibit for the 0.28 acre parcel located at the intersection of Peters Avenue and U.S. 41 East. The buffer may include traffic control devices and utilities. However, tree plantings shall not be placed over or within six feet of any public water, reclaimed water, or sewer utility lines and Courthouse Shadows PUD, PL20120001515 Last Revised 12/15/2016 Page 1 of 2 Courthouse Shadows CPUD EXHIBIT C shall not interfere with any County or state traffic control devices or access to all county or state traffic control equipment and devices and utilities. Whenever plantings obstruct the ingress and/or egress for the purposes of the easement they shall be removed upon request by the City of Naples, county or state, and in the event of failure by the owner to so move them, the city, county or state may do so and the expense of same charged to the property owner. When plantings placed over utility lines cause damage to the utilities systems, the property owner shall bear the cost of repair or replacement of the damaged utilities. 10. WITHDRAWN. Courthouse Shadows PUD, PL201200015/5 Last Revised 12/15/2016 Page 2 of 2 1 I 110isiiiiimin am ,m, i '1,7 r cu y :-„, 0 i ,._.,, , „ . .41" ------1[\___' ..., a . `.... -' . I Cr i - CO o 0p N 00 ......._ - O ' ..rom...NI a] L m co r--f- 44. 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CD CO 0 S Q- 0- -0-0 g v -0 -a � o CD LA 03c ,74- (,_1,). o' DJ n ' O "' c 3 C Q 0 Q-� 0.).) o ? 0 < — zx -. (D Q- ch Q_ O D- t N 0 t- n'-' n p� 3rt 0 (ID D t9 (D n p rr N v _ C Q h O O rt h n C v Z d p Cm cinD' -•CD AT; � � rtrta cr nN3 ,- SD- =� = 0- D- n m 0 N C) CD / C p (D -1 no z ((i, n. O O e, D ,i. .-f. N v .r -S O co 00 O S. (D —o' woo' el I r-r v p CD -- CD oil CDD �. C N = �� iii C D V•. < z y Tl i O I -� �7 n o -:a `C 0 > ( to 3 ea.1 _ z v .i • �-y • o o ` • Pa�' 3n b • • V 1 r---- \ CD C�7 F. Nwttii ,.(,:?i _� D m Cf) t" and N f� °, Z7 C� z tri �n i n oA /i I/ \ / / O D ' \�I V • V \v/O z Fri 1:• ' V il*:. / '...: 1 CO .C CI � b D o �. C � b \ I SlbD F O I �Z,-- 0) HI 52 O0) _ O I \\OGM.LOCAL\FILES\PLANNING\PROJ - PLANNING\CSPUDA- COURTHOUSE SHADOWS(PL20120001515)\DRAWINGS\BUFFER EXHIBIT(REV2).DWG 9/26/2016 11;41 AM 0 0 _ m zp z p n z N N z o u 0fc D O no mO r m g 1 m m 1 i ? 2 < m o m m .. D K D rTo n1 D Z Z IMO o -1 SI z 0 0z 1 o ,..... 0 U1 � a N E Q y O s 3 J o � CD H 4474 Z ` S2 }.Its N 00 2. �; 0 Cf 00 • 44/440 1 CD o n{ 0IYw r II 0 ro ri I 0 rn 41, 0 v • m X an. '1, 1 � o A7. - m D Zp s,O O m m O m m 0 3 1 4 ll% 4, . _4;.,„, ,,.., .... . 410 oowe FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State December 19, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 16-45, which was filed in this office on December 19, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us