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Ordinance 2019-40 ORDINANCE NO. 19- 4 0 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-08, AS AMENDED, THE COURTHOUSE SHADOWS PLANNED UNIT DEVELOPMENT BY ADDING 300 MULTI-FAMILY RENTAL DWELLING UNITS AS A PERMITTED USE IN ADDITION TO THE COMMERCIAL DEVELOPMENT; BY ADDING DEVELOPMENT STANDARDS FOR RESIDENTIAL ONLY BUILDINGS; BY ADDING DEVIATIONS; BY REVISING DEVELOPMENT COMMITMENTS AND BY REVISING THE MASTER PLAN. 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. [PL20180003658] WHEREAS, on January 28, 1992, the Board of County Commissioners approved Ordinance No. 92-08, which created the Courthouse Shadows Planned Unit Development (PUD); and WHEREAS, the PUD was subsequently amended by insubstantial change to the master plan by Collier County Planning Commission Resolution No. 95-8 and by the Board of County Commissioners by Ordinance No. 16-45; and 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. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO THE PUD DOCUMENT The PUD Document attached to Ordinance No. 92-08, as amended, is hereby amended for a 19± acre project to be now known as the Courthouse Shadows PUD in accordance with the revised PUD Document, attached hereto and incorporated by reference herein. [19-CPS-01864/1509046/1]125 Courthouse Shadows PUDA Page 1 of 2 PL20180003658 11/15/19 SECTION TWO: EFFECTIVE DATE 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. 2019-39 becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County 141 Commissioners of Collier County, Florida, this 10- day of (dO vo/y,bLI' , 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CI SS L K. KINZEL, CLERK COLLIER CO: LORIDA j $ ce , .r D uty Clerk lliam L. McDaniel, Jr., airman Attstas`#o Chaimian r ',��. .. 1c,-4e only. Approved as to form and legality: 1(-4 A-- H idi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—PUD Document This ordinance filed with the SI�j tory of State's ffice the -T ay of ____ ��,"1 and acknowledgeme s• that filing received this AI vy of ' . - ac-g Dewey Vert [19-CPS-01864/1509046/11125 Courthouse Shadows PUDA Page 2 of 2 PL20180003658 11/15/19 PLANNED UNIT DEVELOPMENT COURTHOUSE SHADOWS PREPARED BY: COLLIER DEVELOPMENT CORPORATION 3003 NORTH TAMIAMI TRAIL NAPLES, FLORIDA 33940 AMENDED BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 VIA DEL REY, BONITA SPRING, FL 34134 AND COLEMAN, YOVANOVICH AND KOESTER, P.A. 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC 1/28/92 ORDINANCE NUMBER 92-8 AMENDMENTS AND REPEAL 2016-45 Words underlined are additions;words struckFthrough are deletions Courthouse Shadows PUD, PL20180003658 Last Revised 11/19/2019 Page 1 of 16 TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE *3 STATEMENT OF INTENT +i+4 SECTION I PROPERTY OWNERSHIP & DESCRIPTION 4-45 SECTION II GENERAL DEVELOPMENT REGULATIONS 2-4-7_ SECTION III GENERAL DEVELOPMENT COMMITMENTS 3412 EXHIBIT-"A" MASTER PLAN EXHIBIT-"B" LEGAL DESCRIPTION EXHIBIT-"C" DEVIATIONS FROM LDC REQUIREMENTS EXHIBIT- "D" BUILDING SIGNAGE EXHIBIT-"E" RESIDENTIAL BUILDING HEIGHT EXHIBIT Words underlined are additions;words stntelc-hreugh are deletions Courthouse Shadows PUD, PL20180003658 Last Revised 11/19/2019 Page 2 of 16 STATEMENT OF COMPLIANCE The purpose of this Section is to express the interest of KRG Courthouse Shadows LLC_to develop 20.3± acres of land located in Sections 11, 12 and 13, Township 50 South, Range 25 East, Collier County, Florida. The development of this land as a Planned Unit ef-Development will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The project development will be consistent with the growth policies and land development regulations of the Growth Management Plan Land Use Element and other applicable documents for the following reasons: 1. The project development is compatible and complementary to the surrounding and future land uses as required in Policy 5.4 of the Future Land Use Element. 2. All improvements will be in compliance with all applicable development regulations as set forth in the Land Development Code. 3. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. 4. The project development may be used more efficiently and made more desirable resulting in smaller network of utilities and streets with consequent lower construction and future maintenance costs than the conventional current zoning. 5. The project development will permit flexibility which features amenities and excellence in the form of variations and in siting, land usage, and varied building units than the conventional current zoning. 6. The project development has met all the evaluation criteria required for the PUD in the Future Land Use Element of the Growth Management Plan. The project will not adversely affect any adopted level of service standard of the County's Growth Management Plan. Therefore, it is consistent with the County's Growth Management Plan. 7. The project is located in an Activity Center Subdistrict as designated in the Future Land Use Element (FLUE) of the Growth Management Plan for Collier County. The FLUE states that Activity Centers are the preferred location for the concentration of commercial and mixed use development activities. Words underlined are additions;words siruelf-thraugh are deletions Courthouse Shadows PUD, PL20180003658 Last Revised 11/19/2019 Page 3 of 16 STATEMENT OF INTENT The purpose of this Section is to express the intent of the developer to commence development of a commercial mixed-use activity center planned unit ef-development. It is the intent of the developer 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 project 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 and residential uses,which are compatible with uses permitted within activity centers. It is the interest of the developer 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 to commence development once all necessary permits and approvals have been granted. Words underlined are additions;words struck through are deletions Courthouse Shadows PUD,PL20180003658 Last Revised 11/19/2019 Page 4 of 16 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Courthouse Shadows. 1.2 PROPERTY OWNERSHIP The subject property is currently under the control of KRG Courthouse Shadows LLC, 30 S. Meridian St., Suite 1100, Indianapolis, IN 46204. 1.3 LEGAL DESCRIPTION See Exhibit "B", Legal Description. 1.4 PHYSICAL DESCRIPTION The project is located on the north side of Haldeman Creek and the west side of US 41. Words underlined are additions;words struek-through are deletions Courthouse Shadows PUD, PL20180003658 Last Revised 11/19/2019 Page 5 of 16 SECTION II GENERAL DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to set forth the regulations for development of the proposed 20.3± acre Planned Unit Development identified on the Master Plan. 2.2 PROJECT PLAN The project plan including street layout is illustrated in the Master Plan as shown at'-on Exhibit "A". 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: 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. Dwelling units, Multi-family rentals (Permitted in areas designated as "R" on the Master Plan. See Section 2.6 of this PUD for residential development standards and Section 3.2) X22. Electric supply stores 22 23. Fish stores; florist shops; food markets (including facilities with fuel pumps); furniture stores; furrier shops and fast food restaurants. 23.24. Gift shops, gourmet shops Words underlined are additions;words struck-through are deletions Courthouse Shadows PUD, PL20180003658 Last Revised 11/19/2019 Page 6 of 16 34:25. Hardware stores; health food stores; hobby supply stores; home for the aged 25.26. Ice cream stores; ice sales; interior decorating showrooms 26.27. Jewelry stores X28. Laundries, leather goods, and luggage stores; locksmiths and liquor stores 28.29. Meat market; medical office or clinic for human care; millinery shops; motion picture theater; music stores 29.30. 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. 3031. Office (retail or professional); office supply stores 3432. Paint and wallpaper stores; pet shops, pet supply stores; photographic equipment stores; post office 3233. Radio and television sales and service; small appliance stores; shoe sales and repairs; restaurants 3334. Souvenir stores; stationery stores; shopping centers; supermarkets subject to site development plan approval. 3435. Tailor shops; tobacco shops; toy shops; tropical fish stores 3336. Variety stores; veterinary offices and clinics (no outside kenneling) 3637. Watch and precision instrument sales and repair 3738. Any other commercial use ef-or professional service normally allowed in C-3 Zoning District as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Permitted Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with the uses permitted in this district. 2. Caretaker's residence 3. Clubhouses, only located within a residential building." "No stand-alone clubhouse shall be permitted. 4. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. Only non-motorized watercraft are permitted. 5. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this PUD as determined by the BZA or the Hearing Examiner. 2.4 MINIMUM YARD REQUIREMENTS (FOR COMMERCIAL AND MIXED USE) A. From property boundary line abutting U.S. 41 right-of-way line — 15 feet within which no parking shall be allowed nor any merchandise displayed. B. From western property boundary line abutting Peters Avenue right-of-way line — 25 feet. C. From abutting residential zoned properties and the southern property boundary line— 50 feet. D. From property boundary line other than A, B, or C above— 10 feet. Words underlined are additions;words st-ugh are deletions Courthouse Shadows PUD, PL20180003658 Last Revised 11/19/2019 Page 7 of 16 E. Minimum distance between principal structures— none or 15 feet. F. Minimum internal setback from the additional 0.28±acre FDOT surplus parcel shall be zero (0) feet. 2.5 MAXIMUM HEIGHT (FOR COMMERCIAL AND MIXED USE BUILDINGS) Thirty-five feet (35') 2.6 DEVELOPMENT STANDARDS (RESIDENTIAL BUILDINGS ONLY) A maximum of 300 multi-family residential dwelling units shall be permitted in areas identified as "R" on the Master Plan. Residential buildings are eligible to be developed utilizing the architectural standards of the Bayshore/Gateway Zoning Overlay Standards, and only those listed in Planning Commitment#1 in Section 3.11 of this PUD. STANDARDS MULTI-FAMILY (1) PRINCIPAL STRUCTURES Minimum Floor Area (per unit) 700 S.F. Minimum Lot Area 10,000 S.F. Minimum Lot Width N/A Minimum Lot Depth N/A Maximum Height (not to exceed 4 stories) See Exhibit E, Residential Zoned Building Height Exhibit Actual MINIMUM SETBACKS From Tamiami Trail East (U.S. 41) 140 feet From Peter's Avenue 70 feet From Collee Court 50 feet From all other PUD Perimeter Boundaries 20 feet From Haldeman Creek Easement 25 feet From Preserve 25 feet Minimum Distance Between Structures 25 feet ACCESSORY STRUCTURES (2) Maximum Height Zoned 35 feet Actual 40 feet Zoned (Detached Garage) 15 feet Actual (Detached Garage) 18 feet MINIMUM SETBACKS From Tamiami Trail East (U.S. 41) 15 feet From Peter's Avenue 15 feet From Collee Court 40 feet Words underlined are additions;words str-uelf-through are deletions Courthouse Shadows PUD,PL20180003658 Last Revised 11/19/2019 Page 8 of 16 From all other PUD Perimeter Boundaries 10 feet From PUD Perimeter Boundaries (Passive Recreation Areas)(4) 25 feet From PUD Perimeter Boundaries (Active Recreation Areas)(3) 50 feet From Haldeman Creek Easement 0 feet From Preserve 10 feet Minimum Distance Between Structures 15 feet Minimum Distance Between Structures (Detached Garage) 10 feet (1) If a clubhouse is located within a Residential Structure,shall follow the development regulations for Multi-Family. There shall be no rooftop recreation. (2) Guardhouses, gatehouses, access control structures, clock towers, fences, walls, columns, decorative hardscaping or architectural embellishments associated with the project's entrance features are permitted within the residential areas abutting the project's entrance,or within the private roadway as depicted on the PUD Master Plan,and shall have no required setbacks however, such structures cannot be located where they create vehicular stacking or sight distance issues for motorists and pedestrians. (3) For purposes of this PUD, active recreation shall include swimming pools, outdoor courts, tot lot and similar activities and structures. (4) For purposes of this PUD,passive recreation areas shall include trails,picnic areas, benches, barbeque grills,yoga area,dog park areas and similar activities or structures. Note: Nothing in this RPUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. 2.67 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS As required in Section 2.3.12 of the Collier County Land Development Code. 2.78 USABLE OPEN SPACE At least 30% of the gross acreage of the total site will be devoted to usable open space when fully developed. These open spaces include perimeter landscape buffers, planting islands in parking lots and other vehicular use areas, and the landscaped areas on the perimeter of the building. 2.69 SIGNS A. Individual Business Signs: Wall, marquee, or hanging signs below the canopy of the primary 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, per rental unit, consistent with the locations shown on Exhibit D - Building Signage. B. Individual Business Signs: Two wall or marquee signs per out parcel with an area not to exceed 20% of the total square footage of the wall to which it shall be affixed, with a maximum of 250 square feet per sign, or one wall/marquee sign and one free-standing, on-premise sign per out parcel not to exceed one hundred (100) square feet maximum. Maximum height, twenty-five feet (25')for free-standing signs. C. Project Identification Signs: Words underlined are additions;words struelf-through are deletions Courthouse Shadows PUD,PL20180003658 Last Revised 11/19/2019 Page 9 of 16 Two project identification signs, each not to exceed two hundred and fifty (250) square feet and one project identification sign at each major entrance to the shopping center not to exceed one hundred and fifty (150) square feet per entrance. Maximum height, twenty-five feet (25'). D. Individual Business Signs: Additional guidelines which are more stringent than those contained in the Land Development Code in effect at the time of application for a building permit may be established by the developer to ensure maximum consistency and continuity in the design and location of signs. 2.910 MINIMUM LANDSCAPING A. For commercial only: Aas required by the Collier County Land Development Code in effect at the time of application for building permits. To serve as a visual buffer, the project sponsor will landscape in conjunction with a six foot (6') high chain link fence. Beginning at the south driveway on Peters Avenue, the fence will be located along the property boundary line and run southward to the point of intersection with the northern line of Haldeman Creek drainage easement. For the residential properties to the south, a gate for pedestrian access will be provided by the developer. A landscape buffer in accordance with Division 2.4 of the Land Development Code will be provided beginning along the west project boundary commencing at the south driveway on Peters Avenue and continue southward to the point of intersection with the northern line of Haldeman Creek drainage easement which is adjacent to or across from residentially zoned property. It is the developer's intention to provide additional landscaping beyond the landscape buffer requirements of the Zoning Ordinance to create an outstanding shopping environment. B. For Residential only, the front fence along 41 and the CR tracts shall be decorative, but not a solid wall. Decorative fence shall be located around the perimeter and shown along Peters Ave and Collee Court, except a solid wall shall be installed along Collee Court as shown on Exhibit A, Master Plan. 2.101 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5.1, Division 2.7, Article 2 of the Collier County Land Development Code. 2.142 SITE DEVELOPMENT PLAN APPROVAL The provisions of Article 3, Division 3.3. of the Collier County Land Development Code shall apply to the development of platted tracts or parcels of land as provided in said Article 3, Division 3.3. prior to the issuance of a building permit or other development order. Words underlined are additions;words struck-through are deletions Courthouse Shadows PUD,PL20180003658 Last Revised 11/19/2019 Page 10 of 16 SECTION III GENERAL DEVELOPMENT COMMITMENTS 3.1 PURPOSE The purpose of this Section is to set forth the standards for the development of the project. 3.2 PUD MASTER PLAN A. The PUD Master Plan is an illustrative preliminary development plan as prepared by J.R. Evans Engineering, P.A., Exhibit"A" Master Plan. The maximum square footage of the shopping center and outparcels, shall not exceed a total of 165,000 square feet of commercial floor area and a maximum of 300 multi-family residential dwelling units. The uses are subject to the trip cap identified in Section 3.6.E. If multi-family rental units are developed, the maximum commercial square footage is reduced to 65,000 square feet. B. The design criteria and layout illustrated in the Master Development Plans and the architectural elevations and cross-sections which accompany this submission shall be interpreted as preliminary and understood to be flexible so that the final design may best satisfy the project and comply with all applicable requirements. Minor design changes shall be permitted subject to Staff approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. D. Overall site design shall be harmonious in terms of landscaping, enclosure of structure, locations of all improved facilities, and location and treatment of buffer areas. 3.3 UTILITIES B. All ares of the project shall be served by a central wastewater collection system. The project sponsor agrees to dedicate collection lines and transmission facilities to the -- _ _ - -- _. . - • - - - --- ! - - the Utilities Division prior to approval of the construction documents for the project. in addition, the petitioner shall submit a copy of the approved DER permits for the Words underlined are additions;words struck-through are deletions Courthouse Shadows PUD, PL20180003658 Last Revised 11/19/2019 Page 11 of 16 these water and sewer facilities within the project, the facilities will be tested to insure to the County pursuant to appropriate County Ordinances and Regulations in effect at the time dedication is requested, prior to being placed into service. E. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. F. All customers connecting to the water distribution facilities will be customers of the City . . - - - .• - .- --•--• .-- - - - -- --- . •- - --- - completed prior to activation of the water and sewer facilities servicing the project. G. Telephone, power, and T.V. cable service shall be made available to the building units. All such utility lines shall be installed underground. H. Lighting facilities shall be arranged in a manner which will protect neighboring residential properties from direct glare. Downstream wastewater system capacity is available for a Commercial only prosect. Downstream wastewater system capacity must be confirmed at the time of development permit (SDP or PPL) review for a Mixed-Use Site Plan. The capacity for a Mixed-Use Site Plan will be discussed at a mandatory pre-submittal conference with representatives from the Public Utilities Engineering and Project Management Division and the Growth Management Development Review Division. Any improvements to the Collier County Water-Sewer District's wastewater collection/transmission system necessary to provide sufficient capacity to serve a Multi-Use site plan will be the responsibility of the developer to design, permit, and construct and will be conveyed to the Collier County Water-Sewer District at no cost to the County at the time of Preliminary and Final Acceptance. 3.4 SOLID WASTE DISPOSAL Such arrangements and agreements as necessary shall be made with an approved solid waste disposal service to provide for solid waste collection service to all areas of the project. 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. Words underlined are additions;words struck through are deletions Courthouse Shadows PUD,PL20180003658 Last Revised 11/19/2019 Page 12 of 16 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. 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 is 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 based on a maximum development of 165,000 square feet of commercial. 3.7 ENVIRONMENTAL CONSIDERATIONS A. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. The goal of site landscaping shall be in the recreation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. B. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Collier County Project Review Services. C. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and Collier County Project Review Services notified. Development will be suspended for a sufficient length of time to enable the Collier County Project Review Services or a designated consultant to assess the find and determine the proper course of action in regard to this salvageability. The Collier County Project Review Services will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. Words underlined are additions;words struck are deletions Courthouse Shadows PUD,PL20180003658 Last Revised 11/19/2019 Page 13 of 16 D. The developer will work with the County Environmentalist on specific site design in the phase two area. E. Tree removal applications and protection plans have not been reviewed as part of this PUD ordinance. The developer shall comply with all Collier County Ordinances relating to the protection and preservation of trees. an-updated cross parking casement and as recorded i„ public records• G-F_The petitioner shall comply with all environmental ordinances and land development codes in effect at the time of final development order approval(s). 1=1,G. 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. H. Existing trees along Peters Ave will be retained in the PUD except for exotics and supplemented to achieve the required landscape buffer. I. If the residential option is developed, the developer shall retain the two heritage trees located near the southern property boundary along Collee Court and shall demonstrate their location and protection methods on the applicable SDP. 3.8 ENGINEERING A. The developer and all subsequent land owners are hereby placed on notice that they are 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. This includes, but is not limited to, Preliminary Subdivision Plat, Site Development Plans and any other application that will result in the issuance of a final or final local development order. 3.9 FIRE A. Provide For a commercial only project, provide a fire lane along the front of the proposed retail shops marked by signs placed at 30 ft. intervals and readable from both directions of travel specifically reading "Fire Lane — No Stopping, Standing or Parking". NFPA 1:3-1.1.10 B. PFor a commercial only project provide additional fire hydrants so that no portion of the structure is greater than 300 feet from a hydrant. NFPA 1141:3-6.3 3.10 EMERGENCY MANAGEMENT A. Prior to the first residential certificate of occupancy, the developer shall provide to Collier County Emergency Management, with no cost to the County, up to 150 general purpose cots at an estimated total cost not to exceed $8,400.00. Words yinderlined are additions;words struck through are deletions Courthouse Shadows PUD, PL20180003658 Last Revised 11/19/2019 Page 14 of 16 B. Prior to the 100th residential certificate of occupancy, the developer shall provide Collier County Emergency Management, with no cost to the County, up to 24 special needs cots at an estimated total cost not to exceed $2,900.00. 3.11 PLANNING A. Should the Developer elect to construct Residential dwelling units within the MPUD, the residential buildings shall be subject to the following provisions of the Bayshore/Gateway Triangle Overlay provisions of the LDC: 1. Section 4.02.16.D.6.d. (Apartment buildings Massing and Scale) 2. Section 4.02.16.E.2.a.ii. (Shared 10' Type A Buffer adjacent to non-residential properties) (only applicable to the existing commercially zoned property located outside of the PUD with frontage on Peters Avenue) 3. Section 4.02.16.E.5. (Water Management can be located in buffers) 4. Section 4.02.16.F. Table 1 (Parking) B. The owners, KRG Courthouse Shadows, LLC and KRG Courthouse Shadows II, LLC, their successors and assigns, will permit Collier County Public School District buses to utilize the property for a school bus stop. C. Common work spaces provided in the residential structures shall be for residential use only and are not open to the public. D. Parking lot lighting in areas where noted on the Master Plan shall be a maximum of 15 feet in height and shall be fitted with full cut-off fixtures. Lighting fixtures above 15 feet in height will be no closer than 120 feet to the property line of developed residential property. E. Only non-motorized vessels will be allowed on Haldeman Creek. F. If residential units are constructed, a fence will be installed in the locations as noted on Exhibit A, Master Plan. G. There will be no residential dwelling units in the C or C/R parcels adjacent to Tamiami Trail East (U.S. 41). H. A maximum of ninety-seven (97) density bonus pool units, as provided by the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) in the Future Land Use Element of the GMP, are available for this RPUD for a period of seven (7) years from the date of approval of this PUDA. If, after seven (7)years, any of the bonus units have not been utilized, the bonus units shall expire and not be available unless authorized by the Board of Zoning Appeals. Words underlined are additions;words struck-through are deletions Courthouse Shadows PUD, PL20180003658 Last Revised 11/19/2019 Page 15 of 16 I. For residential buildings within 120 feet of Collee Court and Peters Avenue, the lighting maximum height shall be 15 feet and shielded with no excess bleeding of light greater than 0.2 foot-candles. 3.12 ESSENTIAL SERVICE PERSONNEL (ESP) HOUSING A. Developer shall make 60 units (20%)available for rent for Essential Service Personnel (ESP). The period of time the rental unit will be reserved and advertised for ESP persons will be a minimum of 60 days from the date the unit is first advertised and 45 days thereafter when a unit becomes available. If an ESP renter is not committed to a lease within the initial 60, or subsequent 45-day period, the unit may be offered for rent to a non-ESP renter. The restriction to provide units first to ESP renters shall remain in effect for 15 years. B. For purposes of this Ordinance, "Essential services personnel" means natural persons or families at least one of whom is employed as police or fire personnel, a child care worker, a teacher or other education personnel, health care personnel, a public employee, or a service worker. 3.13 DRAINAGE If the residential option is utilized, KRG Courthouse Shadows, LLC and KRG Courthouse Shadows II, LLC (collectively KRG) and its successors and assigns consent to Collier County including the entirety of the property owned by KRG as of November 11, 2019 within the Courthouse Shadows PUD in the Haldeman Creek Municipal Services Taxing Unit (MSTU). 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G)T m �mm m _ O o mm 00 2'1. m-` m m y� ,-- 0 O Z T p 2 N 1n D N nco m 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 Courthouse Shadows CPUD EXHIBIT C DEVIATIONS FROM LDC REQUIREMENTS 1. Deviation #1 seeks relief from Section 4.05.06.6 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 buffer areas between commercial outparcels located within a shopping center, Business Park, or similar commercial development may have a shared buffer 15 feet wide with each abutting property contributing 7.5 feet a shared 15' landscape buffer contributing 7.5 feet, to permit a single 8-foot wide average internal landscape buffer between separately awned--letsplatted tracts 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 LDC Section 5.06.04.F.3 signs to . _ - - - _ . _ e • . -, which permits on-premise directory signs for multi-occupancy parcels with a minimum of 8 independent units containing 20,000 square feet of leasable floor area to allow the existing directory signs to be utilized Words underlined are additions;words sfruck--trough are deletions Courthouse Shadows MPUD, PL20180003658 Revised 09/24/2019 Page 1 of 3 Courthouse Shadows CPUD EXHIBIT C to identify the residential component of the mixed-use PUD and to have fewer than 8 tenants identified on the signage 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 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. 11. Deviation #11 seeks relief from LDC Section 4.06.02.C.4., which requires a 10'-wide Type "D" buffer for commercial development adjacent to primary access roads internal to a commercial development to instead allow no buffers on the commercial outparcels adjacent to the internal access road. 12. Deviation #12 seeks relief from LDC Section 4.06.02.C.4., which requires a 10'-wide Type "D" buffer for commercial development adjacent to primary access roads internal to a commercial development to instead allow a 5'-wide Type "D" buffer on the property (including the residential or commercial option) located on the south side of the primary access road. 13. Deviation #13 seeks relief from LDC Section 4.06.02.C.4., which requires that Type "D" buffers be located adjacent to any primary access roads internal to a commercial development to instead allow the buffer to be placed a maximum of 25' from the south side of the primary access road. 14. Deviation #11 seeks relief from LDC Section 4.02.16.A.1, Design Standard in the Baythore Gdleway Triengle Redevel^pn'lsrt gran, whi" r quires dimensional standards as shown in Table 1, Dimensional Requirements in the BMUD NC, to allow the multi family residential portion of the PUD to establish their own residential development types and dimensional standards as set forth in this PUD.WITHDRAWN Words underlined are additions;words stuck-through arc deletions Courthouse Shadows MPUD, PL20180003658 Revised 09/24/2019 Page 2 of 3 Courthouse Shadows CPUD EXHIBIT C 15. Deviation #15 seeks relief from LDC Section 4.05.04.G Table 17, Parking Space Requirements — Multi-family Dwellings, which allows parking to be provided at 50 percent of normal requirements, exclusive of golf courses/clubhouse, to instead allow the 50 percent reduction of normal requirements for golf courses/ clubhouse uses. 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Illi . •,_ , ,,,,,,.." -, tp..., % ,. • i 1,- - & , ‘ ,., ..., • , , ,. ,.. . 4 • is,„,.„,* ••• -..4e. •4 .1 i , tC , • .• .1, i VI Ir A '.• 4 __ • MO '4t >I z z - ir IL -•--k Ir. <if ;:.4 ' ..... . 4 11444101111X Nek •Z 1.1.1 stAitr.. 4;,.. 3 • FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State November 19, 2019 Ms. Teresa L. Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 19-40, which was filed in this office on November 19, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/Ib R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us