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Ordinance 2018-29 ORDINANCE NO. 18- 2 9 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS TORRES FAMILY TRUST CPUD TO ALLOW DEVELOPMENT OF UP TO 60,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL USES INCLUDING AIR- CONDITIONED MINI SELF-STORAGE WAREHOUSING, AND ALLOWING ASSISTED LIVING FACILITIES AT A FLOOR AREA RATIO OF .60 AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY CONSISTS OF ±5.8 ACRES AND IS LOCATED ON THE SOUTH SIDE OF US 41, APPROXIMATELY ONE-HALF MILE SOUTHEAST OF MANATEE ROAD AND, OPPOSITE AND SOUTHEAST FROM NAPLES RESERVE BOULEVARD, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20160000226] WHEREAS, Robert Mulhere, FAICP of Hole Montes, Inc. and Rich Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A representing Torres Family Holdings, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 12, Township 51 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a 5.76+/- acre project to be known as the Tones Family Trust CPUD to allow commercial uses in [16-CPS-01604/1411507/11 177 Torres Family Trust PUDZ-PL20160000226 5/7/18 1 of 2 CACI accordance with the CPUD Documents, attached hereto as Exhibits "A" through "F" and incorporated herein by reference. The appropriate zoning atlas map or maps as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 18-30 becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this )dday of , 2018. ATTEST: BOARD OF ►• TY COM i 'r.I•NERS DWIGHT h BROCK, CLERK COLLIE' OUl�Y, FLO'1 P • t Byt. �l' By: `Deputy Gierk ANDY SOLIS, Chairman ,4. Attest O'Ct mi n's signature only., Appr ved as to form and legality: J k":" ‘.A) Heidi Ashton-Cicko �a Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit C-1 —Perimeter Berm Zoning Exhibit Exhibit D—Legal Description This ordinance filed with the Exhibit E—List of Deviations Secretary of State's Office the Exhibit F—Developer Commitments t$` 1ay of _ t1r 1 -., ?I�S and acknow'edgement thcit filin received �1 L+ Y Of J .14""fA [16-CPS-01604/1411507/1] 177 By -10 Torres Family Trust °ipity" kirk PUDZ-PL20160000226 5/7/18 2 of 2 0 EXHIBIT A TORRES FAMILY TRUST CPUD LIST OF PERMITTED USES PERMITTED USES: No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part,within the Torres Family Trust CPUD, for other than the following: TRACT C—COMMERCIAL DEVELOPMENT I. Principal Uses A. Up to 60,000 square feet of gross floor area of the following commercial uses, as identified with a number from the Standard Industrial Classification Manual (1987), subject to the restrictions in I.B and III.No single use may exceed 45,000 square feet of gross leasable area. 1. Accounting, auditing, and bookkeeping(8721). 2. Advertising agencies(7311). 3. Animal specialty services, except veterinary (0752, excluding animal shelters; artificial insemination services: animal specialties; breeding of animals; dog pounds; honey straining on the farm; training horses, except racing; outside kenneling and horse boarding). 4. Apparel and accessory stores (5611-5699). 5. Architectural services(8712). 6. Auto and home supply stores (5531). 7. Banks, credit unions and trusts (6011-6091). 8. Barber shops(7241, except for barber schools). 9. Beauty shops (7231, except for beauty schools). 10. Business associations (8611). 11. Business consulting services (8748). 12. Business credit institutions(6153-6159). 13. Business services—miscellaneous (7389, excluding auctioneering service; automobile recovery; automobile repossession; bartering services for businesses; batik work; bondspersons; bottle exchanges; bronzing; cloth cutting; contractors' disbursement; convention decorators; cosmetic kits; cotton inspection; cotton sampler; directories, telephone; drawback service, customs; drive-a-way automobile; exhibits, building; filling pressure containers; field warehousing; fire extinguishers; firefighting service; floats, decoration; folding and refolding; gas systems; inspection of commodities; labeling bottles; liquidation services; metal slitting and shearing; mounting merchandise on cars; music distribution systems; packaging and labeling; patrol of electric transmission or gas lines; pipeline or powerline inspection; pre-sorting mail service; press clipping service; produce weighing service; product sterilization service; racetrack cleaning; radio Page 1 of 14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD(PL-20160000226)(6-12-2018).docx broadcasting music checkers; recording studios; repossession service; rug binding; salvaging of damaged merchandise; sampling of commodities; scrap steel cutting and slitting; shrinking textiles; solvent recovery; sponging textiles; styling of fashions, apparel, furniture, and textiles; swimming pool cleaning; tape slitting; textile designers; textile folding; tobacco sheeting; weighing foods and other commodities; window trimming; and yacht brokers). 14. Child day care services(8351). 15. Churches. 16. Civic, social, and fraternal associations(8641). 17. Commercial art and graphic design(7336). 18. Commercial photography(7335). 19. Computer and computer software stores(5734). 20. Credit reporting services (7323). 21. Direct mail advertising services (7331). 22. Drug stores (5912). 23. Eating and drinking places (5812 restaurants only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01 of the LDC. 24. Educational plants and services (8211, 8221-8222). 25. Engineering services (8711). 26. Essential services, subject to section 2.01.03 of the LDC. 27. Federal and federally-sponsored credit agencies (6111). 28. Food stores (groups 5411-5499). 29. Garment pressing and agents for laundries and drycleaners (7212, excluding truck route laundry and drycleaning,not operated by laundries). 30. General merchandise stores(5331-5399). 31. Glass,Paint, and Wallpaper stores (5231). 32. Group care facilities limited to persons 55 and over (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; independent or assisted living facilities pursuant to F.S. § 429 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05.04. of the LDC (hereinafter collectively or singularly referred to as "Assisted Living Facility"). Assisted Living Facilities are not subject to the limitation on square footage. 33. Hardware stores(5251). 34. Health services,offices and clinics(8011-8049, 8092, and 8099). 35. Home furniture and furnishings stores (5712-5719). 36. Home health care services(8082). 37. Household appliance stores (5722). 38. Insurance carriers, agents and brokers (6311-6399, 6411). 39. Labor unions (8631). 40. Landscape architects, consulting and planning(0781). 41. Legal services (8111). 42. Libraries (8231). 43. Loan brokers (6163, excluding pay day loans). 44. Management services (8741, 8742). Page 2 of 14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD(PL-20160000226)(6-12-2018).docx ,'C 45. Membership organizations, miscellaneous(8699). 46. Motor freight transportation and warehousing(4225, air conditioned and mini-and self-storage warehousing only). 47. Mortgage bankers and loan correspondents (6162). 48. Museums and art galleries(8412). 49. Musical instrument stores (5736). 50. Personnel supply services (7361 & 7363). 51. Personal services, miscellaneous (7299 - limited to babysitting bureaus, clothing rental, costume rental, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only) with 5,000 square feet or less of gross floor area in the principal structure. 52. Photographic studios, portrait(7221). 53. Physical fitness facilities (7991; 7997). 54. Professional membership organizations (8621). 55. Public administration (groups 9111-9199, 9229, 9311, 9411, 9451, 9511-9532, 9611-9661). 56. Public relations services (8743). 57. Radio,television and consumer electronics stores (5731). 58. Radio,television and publishers advertising representatives (7313). 59. Real Estate(6531-6552). 60. Religious organizations(8661). 61. Repair services - miscellaneous (7629, excluding appliance repair; business machine repair; office machine repair - except typewriters, computers; and washing machine repair; 7631, 7699 - limited to bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 62. Retail nurseries, lawn and garden supply stores (5261). 63. Retail services - miscellaneous (5921-5963 except pawnshops and building materials; 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools,tombstones and whirlpool baths). 64. Security and commodity brokers, dealer, exchanges and services (6211-6289). 65. Shoe repair shops and shoeshine parlors (7251). 66. Surveying services (8713). 67. Tax return preparation services (7291). 68. Travel agencies(4724,no other transportation services). 69. United States Postal Service(4311, except major distribution center). 70. Veterinary services(0742, excluding outdoor kenneling). 71. Any other principal and related use that is determined to be comparable and compatible to the foregoing by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the LDC. B. The following commercial uses, as identified with a number from the Standard Industrial Classification Manual (1987), are prohibited within 60 feet of the southern or eastern property line: 1. Animal specialty services, except veterinary (0752, excluding animal shelters; artificial insemination services: animal specialties; breeding of animals; dog Page 3 of 14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD(PL-20160000226)(6-12-2018).docx pounds; honey straining on the farm; training horses, except racing; outside kenneling and horse boarding). 2. Apparel and accessory stores (5611-5699). 3. Auto and home supply stores(5531). 4. Banks, credit unions and trusts(6011-6091). 5. Barber shops(7241, except for barber schools). 6. Beauty shops (7231, except for beauty schools). 7. Business credit institutions(6153-6159). 8. Business services-miscellaneous (7389, excluding auctioneering service; automobile recovery; automobile repossession; bartering services for businesses; batik work; bondspersons; bottle exchanges; bronzing; cloth cutting; contractors' disbursement; convention decorators; cosmetic kits; cotton inspection; cotton sampler; directories, telephone; drawback service, customs; drive-a-way automobile; exhibits, building; filling pressure containers; field warehousing; fire extinguishers; firefighting service; floats, decoration; folding and refolding; gas systems; inspection of commodities; labeling bottles; liquidation services; metal slitting and shearing; mounting merchandise on cars; music distribution systems; packaging and labeling; patrol of electric transmission or gas lines; pipeline or powerline inspection; pre-sorting mail service; press clipping service; produce weighing service; product sterilization service; racetrack cleaning; radio broadcasting music checkers; recording studios; repossession service; rug binding; salvaging of damaged merchandise; sampling of commodities; scrap steel cutting and slitting; shrinking textiles; solvent recovery; sponging textiles; styling of fashions, apparel, furniture, and textiles; swimming pool cleaning; tape slitting; textile designers; textile folding; tobacco sheeting; weighing foods and other commodities; window trimming; and yacht brokers). 9. Child day care services (8351). 10. Churches. 11. Computer and computer software stores (5734). 12. Drug stores (5912). 13. Eating and drinking places (5812 restaurants only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01 of the LDC. 14. Educational plants and services(8211, 8221-8222). 15. Federal and federally-sponsored credit agencies (6111). 16. Food stores (groups 5411-5499). 17. Garment pressing and agents for laundries and drycleaners (7212, excluding truck route laundry and drycleaning, not operated by laundries). 18. General merchandise stores (5331-5399). 19. Glass, Paint, and Wallpaper stores (5231). 20. Hardware stores(5251). 21. Home furniture and furnishings stores (5712-5719). 22. Household appliance stores (5722). 23. Libraries (8231). 24. Loan brokers (6163). Page 4 of 14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD(PL-20160000226)(6-12-2018).docx 0 25. Motor freight transportation and warehousing(4225, air conditioned and mini-and self-storage warehousing only). 26. Mortgage bankers and loan correspondents (6162). 27. Museums and art galleries (8412). 28. Musical instrument stores(5736). 29. Photographic studios,portrait(7221). 30. Physical fitness facilities (7991; 7997). 31. Radio,television and consumer electronics stores (5731). 32. Religious organizations(8661). 33. Repair services - miscellaneous (7629, excluding appliance repair; business machine repair; office machine repair - except typewriters, computers; and washing machine repair; 7631, 7699 - limited to bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 34. Retail nurseries, lawn and garden supply stores (5261). 35. Retail services - miscellaneous (5921-5963 except pawnshops and building materials; 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools,tombstones and whirlpool baths). 36. Shoe repair shops and shoeshine parlors (7251). 37. United States Postal Service(4311, except major distribution center). 38. Veterinary services(0742, excluding outdoor kenneling). II. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures permitted by right in this CPUD, including, but not limited to: 1. Outside storage or display of merchandise when specifically permitted by the LDC for a use, subject to LDC Section 4.02.12. 2. One caretakers residence, subject to LDC Section 5.03.05. 3. Temporary outdoor display of merchandise during business hours provided it does not adversely affect pedestrian or vehicular traffic or public health or safety as determined by the County. Merchandise storage and display is prohibited within any front yard but allowed within the side and rear yards of lots. 4. Signage in accordance with LDC Section 5.06.00 et seq. III. Restrictions on Certain Uses: Within 60 feet of the eastern and southern perimeter boundaries of the PUD, and subject to the square footage limitations in I.A., only the following uses and/or improvements shall be permitted: 1. Conservation/Preserve areas; 2. Landscape buffers; 3. Stormwater management areas (dry or wet detention); 4. Essential services; Page 5of14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD(PL-20160000226)(6-12-2018).docx 5. Professional office or other professional service uses not otherwise prohibited in Section I.B., above; and 6. Accessory uses and structures customarily associated with any of the permitted principal uses, including parking, except outdoor storage and display. IV.Prohibited Use: Any use meeting the definition of a sexually oriented business, as set forth in Ordinance No. 91-83, as amended, is prohibited. TRACT P—PRESERVE: PERMITTED USES: 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: A. Principal Uses: 1. Preservation of native habitat. B. Accessory Uses, allowed only if additional acreage above the required minimum is provided in Tract P: 1. Storm water management structures. 2. Pervious and impervious pathways and boardwalks, consistent with LDC Section 3.05.07 H.1.h.i. 3. Shelters without walls. 4. Educational signage and bulletin boards located on or immediately adjacent to the pathway. 5. Benches for seating. 6. Viewing platforms. 7. Any other use which is comparable in nature with the forgoing list of permitted accessory uses, as determined by the Hearing Examiner by the process outlined in the LDC. Page 6 of 14 H:A2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD(PL-20160000226)(6-12-2018).docx EXHIBIT B TORRES FAMILY TRUST CPUD DEVELOPMENT STANDARDS The table below sets forth the development standards for commercial land uses (including Assisted Living Facilities) within Tract C of the Torres Family Trust CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. I. COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL ACCESSORY STRUCTURES STRUCTURES MIN.LOT AREA 10,000 S.F. N/A MIN.LOT WIDTH 100 FEET N/A MIN.FLOOR AREA r 1,000 S.F.1 N/A MINIMUM YARDS 2 From Tamiami Trail 35 FEET SPS From adjacent TTRVC zoned property 25 FEET if no preserve 10 FEET if no preserve or 25 FEET from or 10 FEET from preserve boundary preserve boundary From adjacent PUD zoned property 25 FEET 10 FEET Min.Front Yard 10 FEET SPS Min.Side Yard 10 FEET 5 FEET Min.Rear Yard 10 FEET 5 FEET Min.Preserve Setback 25 FEET 10 FEET Min.Lake Setback 3 20 FEET 10 FEET MIN.DISTANCE BETWEEN STRUCTURES 20 FT or%z sum of BH, 10 FEET whichever is greater MAX.BUILDING HEIGHT NOT TO EXCEED 45 FEET SPS (ZONED) MAX.BUILDING HEIGHT NOT TO EXCEED 52 FEET SPS (ACTUAL) 1. Per principal structure,on the finished first floor. 2. Landscape buffers shall be separately platted or separate tracts on the SDP. 3. As measured from the Control Elevation. 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II tt 5 ,2( z Ztt =0 : Z \�� m Z m -. m > Z \ \\ �_ J\ 2 H a K' 3 VA w ySU w b W /^^ W/ • aw �rvw u) \< J J a VS + ,.:2 \�b// 1 't 192 �m �m a a 0.1,90E031.0ZS9Wsld loaunOµplyrd BwuoZ..EI,a,awuad E03-10-ZS91slp!4x3-s000.wavuedwd 9an,y,(pwed wool I.0-ZS990ooIo d\8 fID EXHIBIT D TORRES FAMILY TRUST CPUD LEGAL DESCRIPTION Starting at the Northwest Corner of the property at the intersection of the South Right-of-way of U.S. 41 and the West line of Section 12, Township 51 South, Range 26 East Collier County, Florida, and proceeding Southerly along the Section Line for approximately 870 feet, thence Easterly for 330 feet, thence Northerly for 660 feet, thence Westerly along U.S. 41 Southerly Right-of-way for approximately 390 feet to the point of beginning, less and except the following described parcel: Commencing at the intersection of the west line of Section 12, Township 51 South, Range 26 East Collier County, Florida, and the Southeasterly Right-of-way of U.S. 41; run South 54°24'20" East 377.86 feet along said Right-of-way line to the point of beginning; Continue along said Right-of-way Line 12.14 feet; thence South 1°01'20" West 100.00 feet, thence North 88°58'40" West 10.00 feet; thence North 1°01'20" East 106.89 feet to the point of beginning. Page 10 of 14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD(PL-20160000226)(6-12-2018).docx 0 EXHIBIT E TORRES FAMILY TRUST CPUD LIST OF REQUESTED DEVIATIONS FROM LDC Deviation 1: From LDC Section 5.05.04.D.1 Group Housing, which establishes a maximum floor area ratio of 0.45 for care units, assisted living units, continuing care retirement communities, nursing homes, and dwelling units that are part of an aging-in-place living environment, to allow a maximum floor area ratio of 0.60 for an Assisted Living Facility, consistent with the East Tamiami Trail Infill Subdistrict. Page 11 of 14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD(PL-20160000226)(6-12-2018).docx 77) EXHIBIT F TORRES FAMILY TRUST CPUD LIST OF DEVELOPER COMMITMENTS PUD MONITORING 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 MPUD. At the time of this PUD approval, the Managing Entity is Torres Family Holdings, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the PUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. II. ENVIRONMENTAL The site contains approximately 5.33 acres of native vegetation. For a commercial or industrial project within the Coastal High Hazard Area, 15 percent of existing native vegetation must be retained(15%of 5.33 acres = 0.80 acres). The preserve as depicted on the Master Plan contains a minimum of 0.80 acres. III. TRANSPORTATION A. Intensity of uses under any development scenario for the PUD is limited to the two-way, unadjusted, average weekday, pm peak hour trip entering/exiting generation of 425 total trips utilized in the TIS dated May 2016 (gross trips). B. Vehicular connection and shared Tamiami Trail access with the adjacent Fiddler's Creek Business Tract is encouraged, as practicable, utilizing a portion of the existing roadway easement to the west of the project site. IV. PLANNING A. The developer of any group housing or retirement community, its successors or assigns, shall provide the following services and be subject to the following operational standards for the units in the retirement community, including, but not limited to, independent living units, assisted living units, or skilled nursing units: Page 12 of 14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD(PL-20160000226)(6-12-2018).docx Operational Characteristics for Senior Housing Senior housing may be composed of one or more types of care/housing facilities. These care/housing types are limited to independent living, assisted living, and skilled nursing units, each of which can have varying operational characteristics. The following characteristics of senior housing care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a senior housing care unit: • The facility shall be for residents 55 years of age and older; • There shall be on-site dining facilities to the residents, with food service being on-site, or catered; • Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; • There shall be an onsite manager/activities coordinator to assist residents who shall be responsible for planning and coordinating stimulating activities for the residents; • An on-site wellness facility shall provide exercise and general fitness opportunities for the residents; • Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; • Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. • Nursing homes or assisted living facilities shall be constructed to have a core area to shelter residents and staff on site in the event of a hurricane. The core area will be constructed to meet the Public Shelter Design Criteria that are required for new public schools and public community colleges and universities ("State Requirements for Educational Facilities, 2014") and shall be capable of ventilation or air conditioning provided by back-up generator for a period of no less than 96 hours. B. Tract P, Preserve,where it is dense enough to provide equivalent buffering per the LDC, may count towards minimum Type B buffering requirements. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. C. The Master Plan is conceptual in nature and is subject to modifications at time of Plans and Plat (PPL) or Site Development Plan (SDP) approval due to agency permitting requirements. Page 13 of 14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD(PL-20160000226)(6-12-2018).docx (CA(; D. Lighting shall be fully shielded and directed so as to prevent glare on adjacent residential or TTRVC zoned properties. E. Outdoor amplified sound is prohibited, except in conjunction with an approved temporary use permit and in such limited cases shall be restricted to the hours of 11:00 a.m. to 8:00 p.m. F. 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. G. All other applicable state or federal permits must be obtained before commencement of the development. H. An Enhanced 15 foot wide Type D buffer shall be provided along US 41 (Tamiami Trail East). In addition to the required canopy trees, spaced 25' on center, the buffer shall include a continuous undulating double hedgerow spaced 3' on center. Plantings shall be 3 gallon and at least 24" in height at time of planting for first row hedges (closest to the right-of-way) and 4 gallon and at least 24" in height at the time of planting for the second row of hedges. Page 14 of 14 H:A 20I6\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD(PL-20160000226)(6-12-2018).docx av, ("--- ciA- 96\ P ro 'e9O.WF,T�`° S FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State June 18, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara 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. 18-29, which was filed in this office on June 18, 2018. 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