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Ordinance 2021-40 ORDINANCE NO. 2021- 40 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2011-30, THE ESTATES SHOPPING CENTER COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), AS AMENDED, BY ADDING COMMERCIAL, PUBLIC, CIVIC AND INSTITUTIONAL USES; OR, IN THE ALTERNATIVE TO SOME USES, DEVELOPMENT OF UP TO 12 RESIDENTIAL DWELLING UNITS; REDUCING COMMERCIAL SQUARE FOOTAGE FROM 150,000 TO 50,000 EXCLUDING SOME USES FROM THE MAXIMUM SQUARE FOOTAGE LIMITATION; ADDING DORMITORIES AS AN ACCESSORY USE ON TRACT C; REMOVING OUTDOOR MUSIC PROHIBITION; REMOVING SINGLE COMMERCIAL USE AND BUILDING SIZE LIMITATIONS; REDUCING SETBACKS AND LANDSCAPE BUFFER WIDTHS; REMOVING PHASING AND DEVELOPER COMMITMENTS; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS 41± ACRES AND LOCATED AT THE NORTHWEST QUADRANT OF GOLDEN GATE BOULEVARD AND WILSON BOULEVARD, IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20190002354] WHEREAS, on September 14, 2011, the Board of County Commissioners approved Ordinance Number 2011-30, the Estates Shopping Center Commercial Planned Unit Development(the "CPUD"); and WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., and D. Wayne Arnold of Q. Grady Minor & Associates representing Richard D. Yovanovich as Successor Trustee, petitioned the Board of County Commissioners to amend the CPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to the CPUD Document of Ordinance No. 2011-30, as amended Exhibits A through F attached to Ordinance No. 2011-30, as amended, are hereby amended for a 41± acre project known as the Estates Shopping Center CPUD in accordance with the revised Exhibits A through F attached hereto and incorporated herein by reference. [20-CPS-02004/1665012/1]144 Estates Shopping Center 1 of 2 PL20190002354 10/12/21 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. 2021 - tfr becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this c)(0 'day of 0 Lh - , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL., K. KfNZF ,,1 CLERK COLLIE C TY, FLORID By: By: Attest as to ChairmaifS;' :pe y Cl k Penny T or, Chairman sionatOre only. Approved as to form and legality: .14,6/1 /it He di Ashton-Cicko to Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B —Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—List of Development Commitments Exhibit F—Deviations from the LDC This ordinance filed with the $ cr•Cory of(Vote's Office the '6 day ofNQ pnd ocknow edgement ooda y thot filing received this [20-CPS-02004/1665012/1]144 8Y 11^-1'' Daparly Gek Shopping Estates Center 2 of 2 PL20190002354 10/12/21 EXHIBIT A FOR ESTATES SHOPPING CENTER CPUD PERMITTED USES A maximum of 50,000 square feet of gross commercial floor area shall be permitted within the CPUD.The limitation herein does not apply to governmental facilities,animal shelters,animal service centers,wildlife refuges and sanctuaries, zoological attractions, veterinary services, or their accessory uses. Commercial uses are limited to permitted uses in the C-1 to C-3 zoning district. 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: AI. GOMMERGIALTRACT A: No building or structure, or part thereof,shall be erected,altered d ' d `' '' ' in part, for other than the following: Tract A accommodates commercial uses typical of the C-1 through C-3 zoning districts, as more specifically listed below. A. Principal Uses: 1. Amusement and recreation Groups 7911 —Dance studios,schools and halls,excluding discotheques 7991 —Physical fitness facilities 7999 —Amusement and recreation services, not elsewhere classified, allowing only day camps, gymnastics instruction, judo/karate instruction, sporting goods rental and yoga instruction(excludes NEC Recreational Shooting Ranges,Waterslides, etc.) 2. Apparel and accessory stores(no adult oriented sales) Groups 5611 —Men's and boys' clothing and accessory stores 5621 —Women's clothing stores 5632—Women's accessory and specialty stores 5641 —Children's and infants' wear stores 5651 —Family clothing stores 5661 —Shoe stores 5699—Miscellaneous apparel and accessory stores 3. Automotive dealers and gasoline service stations Groups 5531 —Auto and home supply stores 4. Automotive repair, services and parking(no outdoor repair/service.All repairs/services to be performed by authorized automotive technician.) Groups 7514—Passenger car rental 5. Building materials,hardware,garden supply,and mobile home dealers Groups 5231 —Paint,glass,and wallpaper stores 5251 —Hardware stores Words underlined are additions;words strueh are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 1 of 28 5261 —Retail nurseries,lawn and garden supply stores 6. Business services Groups 7334—Photocopying and duplicating services 7335—Commercial photography 7336—Commercial art and graphic design 7338—Secretarial and court reporting services 7342—Disinfecting and pest control services 7359 — Equipment rental and leasing, not elsewhere classified (excluding the following uses): Airplane rental and leasing Coin operated machine rental and leasing Industrial truck rental and leasing Oil field equipment rental and leasing Oil well drilling equipment rental and leasing Toilets,portable rental and leasing Vending machines,rental only 7371 —Computer programming services 7372—Prepackaged software 7373—Computer integrated systems design 7374—Computer processing and data preparation and processing services 7375—Information retrieval services 7376—Computer facilities management services 7379—Computer related services,not elsewhere classified 7382—Security systems services 7383 —News syndicates 7384—Photofinishing laboratories 7389—Business services,not elsewhere classified 7. Communications Groups 4812—Radiotelephone communications 4841 —Cable and other pay television services 8. Construction special trade contractors (office use only, no on-site materials or equipment storage) Groups 1711 —Plumbing,heating and air-conditioning 1721 —Painting and paper hanging industry 1731 —Electrical work industry 1741 —Masonry, stone setting,and other stone work 1742—Plastering,drywall, acoustical,and insulation work 1743—Terrazzo,tile,marble,and mosaic work industry 1751 —Carpentry work 1752—Floor laying and other floor work,not elsewhere classified industry 1761 —Roofing, siding, and sheet metal work industry 1771 —Concrete work industry 1781 —Water well drilling industry 1791 —Structural steel erection 1793 —Glass and glazing work 1794—Excavation work 1795—Wrecking and demolition work 1796—Installation or erection of building equipment,not elsewhere 1799—Special trade contractors,not elsewhere classified Words underlined are additions;words eels hreugh are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 2 of 28 9. Depository institutions Groups 6021 —National commercial banks 6022—State commercial banks 6029—Commercial banks,not elsewhere classified 6035—Savings institutions, federally chartered 6036—Savings Institutions,not federally chartered 6061 —Credit unions,federally chartered 6062—Credit unions,not federally chartered 6091 —Non-deposit trust facilities 6099—Functions related to depository banking,not elsewhere classified 10. Eating and drinking places (Group 5812, inetuding-enly—liquor service only allowed if accessory to the restaurant use, no outdoor music or televisions, no windows or walls permitted to be open to the outside,except as required by code.) 11. Executive, legislative,and general government,except finance Groups 9111 —Executive offices 9121 —Legislative bodies 9131 —Executive and legislative offices combined 9199—General government,not elsewhere classified 12. Food stores Groups 5411 —Grocery stores,including convenience stores with fuel pumps(one must be a minimum 27,000 square feet) 5421 —Meat and fish(seafood)markets, including freezer provisioners 5431 —Fruit and vegetable markets 5441 —Candy,nut, and confectionery stores 5451 —Dairy products stores 5461 —Retail bakeries 5499—Miscellaneous food stores,including convenience stores with fuel pump) (Tract B only) 13. General merchandise stores Groups 5311 —Department stores 5331 —Variety stores 5399—Miscellaneous general merchandise stores 14. Health services Groups 8011 —Offices and clinics of doctors of medicine 8031 —Offices and clinics of doctors of osteopathy 8041 —Offices and clinics of chiropractors 8042—Offices and clinics of optometrists 8043—Offices and clinics of podiatrists 8049—Offices and clinics of health practitioners,not elsewhere classified 4415. Home furniture,furnishings,and equipment stores Groups 5712—Furniture stores 5713—Floor covering stores 5714—Drapery,curtain, and upholstery stores 5719—Miscellaneous home furnishings stores 5722—Household appliance stores Words underlined are additions;words feel gh are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 3 of 28 5731 —Radio,television,and consumer electronics stores 5734—Computer and computer software stores 5735—Record and prerecorded tape stores(no adult oriented sales) 5736—Musical instrument stores 116. Insurance carriers Groups 6311 —Life insurance 6321 —Accident and health insurance 6324—Hospital and medical service plans 6331 —Fire,marine,and casualty insurance 6351 —Surety insurance 6361 —Title insurance 6371 —Pension,health and welfare funds 6399—Insurance carriers,not elsewhere classified 6411 —Insurance agents 4-6:17. Justice,public order and safety Groups 9221 —Police protection 9222—Legal counsel and prosecution 9229—Public order and safety,not elsewhere classified 4 7 18. Meeting and banquet rooms 48 19. Miscellaneous retail(no adult oriented sales) Groups 5912—Drug stores and proprietary stores 5921 —Liquor stores(accessory to grocery or pharmacy only) 5932—Used merchandise stores 5941 —Sporting goods stores and bicycle shops 5942—Book stores 5943—Stationery stores 5944—Jewelry stores, including repair 5945—Hobby,toy,and game shops 5946—Camera and photographic supply stores 5947—Gift,novelty, and souvenir shops 5948—Luggage and leather goods stores 5949—Sewing, needlework,and piece goods stores 5992—Florists 5993—Tobacco stores and stands 5994—News dealers and newsstands 5999— Miscellaneous retail stores, not elsewhere classified (excluding gravestone,tombstones, auction rooms,monuments, swimming pools, and sales barns) 49 20. Non-depository credit institutions Groups 6111 —Federal and federally-sponsored credit agencies 6141 —Personal credit institutions 6153—Short-term business credit institutions, except agricultural 6159—Miscellaneous business credit institutions 6162—Mortgage bankers and loan correspondents 6163—Loan brokers 20.21. Offices and clinics of dentist(Group 8021) Words underlined are additions;words stack are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 4 of 28 24,22. Personal services Groups 7212—Garment pressing, and agents for laundries and drycleaners 7221 —Photographic studios,portrait 7231 —Beauty shops 7241 —Barber shops 7251 —Shoe repair shops and shoeshine parlors 7291 —Tax return preparation services 7299 — Miscellaneous personal services, not elsewhere classified, excluding massage parlors,Turkish baths and escort services 22.23. Public finance,taxation, and monetary policy(Group 9311) 23.24. Real Estate Groups 6512—Operators of nonresidential buildings 6513—Operators of apartment buildings 6514—Operators of dwellings other than apartment buildings 6515—Operators of residential mobile home sites 6517—Lessors of railroad property 6519—Lessors of real property,not elsewhere classified 6531 —Real estate agents and managers 6541 —Title abstract offices 6552—Land subdividers and developers,except cemeteries 24725. Schools and educational services,not elsewhere classified(Group 8299) 25.26. Security and commodity brokers, dealers, exchanges,and services Groups 6211 —Security brokers,dealers,and flotation companies 6221 —Commodity contracts brokers and dealers 6231 —Security and commodity exchanges 6282—Investment advice 6289 — Services allied with the exchange of securities or commodities, not elsewhere classified 26727. Social services Groups 8322—Individual and family social services(adult day care centers only) 8351 —Child day care services 27,28. Travel agencies(Group 4724) 28729. Veterinary services for /animal specialtyies services (Group 0742 and 0752, excluding outdoor kenneling) 29730. Video tape rental(Group 7841,excluding adult oriented sales and rentals) 3$31. United states postal service(Group 4311, excluding major distribution centers) 3-1-32. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA")by the process outlined in the LDC. B. Accessory Uses: Words underlined are additions;words struelreugh are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 5 of 28 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including,but not limited to: a. Utility buildings(including water and wastewater plants)which shall be enclosed. b. Essential service facilities c. Gazebos,pavilions,statuary and other architectural features d. Utilities, water and wastewater facilities and/or plants, (all processing buildings must be enclosed.) BC.PROHIBITED USESProhibited Uses: 1. Amusement and recreation services, not elsewhere classified (Group 7999, NEC Recreational Shooting Ranges, Waterslides, etc.) (Except uses expressly listed in A I.A:1- are permitted). 2. Air and water resource and solid waste management(Group 9511) 3. Business Services Groups 7313—Radio,television, and publishers' advertising representatives 7331 —Direct mail advertising services 4. Correctional Institutions(Group 9223) 5. Drinking places(alcoholic beverages)(Group 5813) 6. Educational services Groups 8211 —Elementary and secondary schools 8221 —Colleges,universities, and professional schools 8222—Junior colleges and technical institutes 8231 —Libraries 7. Health services Groups 8062—General medical and surgical hospitals 8063—Psychiatric hospitals 8069—Specialty hospitals,except psychiatric 8. Miscellaneous Retail Groups 5921 —Liquor stores 5961 —Catalog and mail-order houses 5962—Automatic merchandising machine operators 9. Personal services Groups 7211 —Power Laundries,family and commercial 7261 —Funeral service and crematories 10. Social services Groups 8322—Individual and family social services,excluding adult day care centers 8361 —Residential care, including soup kitchens and homeless shelters I44D. OPERATIONAL STANDARDSOperational Standards Words underlined are additions;words siruelc-through are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 6 of 28 1. Hours of Operation: a.Grocery and ilndoor restaurant uses: 6 am to 11 pm b. Other retail and office uses: 6 am to 9-10 pm c. Gas/convenience uses: 5 am to midnight24 hours d. Deliveries: 6 am to 10 pm ed.Amplification devices serving drive-thru facilities: 6 am to 9 pm €e. Outdoor dining: 6 am to 10 pm 2. Building Architecture: All buildings shall be designed in a unified architectural style which shall be stylistic of Kcy West,Olde Florida or Bermuda architecture. 3. Lighting: A 11 1' hti ti, 11 b Mite. rally designed P rking lot l:..b.ting sh ll be lim to rr 'll b, h' ld d F b h b b idential land, Halogen lighting shall b e prehibited. 42. Outdoor dining: Alcohol service for outdoor dining shall be accessory to food service. Outdoor dining will be oriented to the south and the east. 53. Outdoor musicamplified sound: Outdoor music is prohibited for all uses within the PUD, unless approved as part of a Temporary Use/Event Permit. II. TRACT B: Accommodates local,state and federally owned or leased and operated government facilities.If not developed with government facilities, Tract B may accommodate a maximum of 4 single family dwellings subject to E,Estates,Development Standards in the LDC. A. Principal Uses: 1. Administration of urban planning and community and rural development(Group 9532) 2. Essential services 3. General government services Groups 9111 —Executive offices 9121 —Legislative bodies 9131 —Executive and legislative offices combined 9199—General government,not elsewhere classified 9229—Public order and safety,not elsewhere classified 9311 —Public finance,taxation,and monetary policy Words underlined are additions;words struck are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 7 of 28 4. Land,mineral,wildlife,and forest conservation(Group 9512) 5. Libraries(Group 8231) 6. Parks and recreational uses 7. Sheriff's office(Group 9221) 8. Veterans affair office(Group 9451) 9. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the LDC. B. Accessory Uses: 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 CPUD as determined by the BZA or the Hearing Examiner. C. Prohibited Uses: 1. Probation Offices 2. Parole Offices 3. Correction facilities 4. Outdoor amplified sound: Outdoor music is prohibited for all uses within the PUD, unless approved as part of a Temporary Use/Event Permit. III. TRACT C: Accommodates not for profit Zoological attraction, animal services, and related facilities. If not developed with zoological attraction, animal services, and related facilities, Tract C may accommodate a maximum of 8 single family dwellings subject to E, Estates, Development Standards in the LDC. Existing residential lots may be replatted and reconfigured subject to E, Estates,Development Standards in the LDC, except that platted lots with non-conforming lot area at time of adoption of this Ordinance may be replatted with the same non-conforming lot area. A. Principal Uses: 1. Not for profit animal services center 2. Not for profit animal shelters(Group 0752) 3. Arboreta and botanical or zoological gardens(Group 8422) 4. Exhibition operation, limited to zoological attractions and animal services (Group 7999) 5. Noncommercial research organizations(Group 8733) Words underlined are additions;words struclgh are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 8 of 28 6. Single family dwelling units (per E, Estates Development Standards in the LDC, not to exceed 8 units. Existing rosidential lots may be replotted and reconfigured and any existing platted non conforming lots may be replotted with the same non conforming lot area.) 7. Veterinary clinic, services(Group 0742) 8. Not for profit wildlife refuge and sanctuary 9. Not for profit zoological attractions 10. Any other principal use,which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures,including but not limited to garages,carports,pavilions,swimming pools,spas and screen enclosures. 2. Dormitories / student housing (Group 7021), incidental to and supporting of zoological attraction and animal services. 3. Eating places(Group 5812), incidental to and supporting of zoological attraction and animal services. 4. Gift,novelty and souvenir shops(Group 5947) 5. Greenhouses(Group 0182) 6. Picnic areas, gardens,ponds 7. Storage and maintenance buildings 8. Water and sewer systems(essential services) 9. Farmer's market 10. 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 CPUD as determined by the BZA or the Hearing Examiner. C. Prohibited Uses: 1. Correctional institutions(9223) 2. Outdoor amplified sound: Outdoor music is prohibited for all uses within the PUD, unless approved as part of a Temporary Use/Event Permit. Words underlined are additions;words Vic-though are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 9 of 28 D. Operational Standards for Exotic and Non-native Animals: 1. Any zoological,wildlife refuge and sanctuary,animal shelter or service center use shall be licensed and regulated by the Florida Fish and Wildlife Conservation Commission(FWC) and United States Department of Agriculture,Animal and Plant Health Inspection Service (USDA-APHIS)in accordance with their containment and care requirements. 2. The entirety of the perimeter of any parcel utilized for zoological, wildlife refuge and sanctuary, animal shelter or service center use shall be fenced or walled to meet or exceed the requirements specified by FWC and USDA-APHIS standards and as allowed by Deviation#1. 3. Public visitation hours shall be permitted between the hours of 9:00 AM and dusk daily. 4. An emergency management plan must be filed for a zoological or animal sanctuary use at the time of site plan approval. RIV. PRESERVE No building or structure,or part thereof, shall be erected,altered or used, or land used, in whole or in part,for the preserve area depicted on the CPUD Master Plan,that is required to be a minimum of 1.21 4.17 acres, other than those uses allowed by Section 3.05.07 H.1.h. of the LDC, or any successor provision. IA. Principal Uses: a,1. Native preserves b_Water management 3. Mitigation areas d- 4. Hiking trails,boardwalks,shelter,or other such facilities constructed for the purpose of passage through or enjoyment of the site's natural attributes. e- 5_Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals(BZA)or designee determines to be compatible in the Preserve Area. Table I below sets forth the development standards for land uses within the CPUD Commercial Subdistrict. Standards not specifically s t f rti w " ll b th cifed i plicable sections of tl- T DC ' ff ♦ f th .7 f ..,1 of the SDP or S„bdivis. lat Words underlined are additions;words struck-through are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 10 of 28 EXHIBIT B FOR ESTATES SHOPPING CENTER CPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the Estates Shopping Center 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. TABLE I: TRACT APEVELOP-M NT STANDARDS FOR MMR DISTRIC PRINCIPAL USES ACCESSORY USES32 MINIMUM LOT AREA 10,000 Sq.Ft. N/A MINIMUM LOT WIDTH 75 Ft. N/A MINIMUM YARDS SETBACKS(External) From Wilson Boulevard 5-0-30 Ft. 45-30 Ft. From Golden Gate Boulevard 5-5-50Ft. 15 Ft. From Northern Project Boundary 125 100 Ft. 125 75 Ft.4 From 3'Street NW 300 Ft. 100 Ft. From Pt Street NW 35-30 Ft. 30 Ft. MINIMUM YARDS SETBACKS(Internal) Internal Drives/ROW 24-10 Ft. 5 Ft. Rear 15 Ft. 10 Ft. Side 10 Ft. 10 Ft. Preserve 25 Ft. 10 Ft. MIN.DISTANCE BETWEEN STRUCTURES 20 Ft.or'h the sum of N/A the building heights 1 MAXIMUM HEIGHT(single story only) Zoned 35 Ft. 35 Ft. Actual 45 Ft. 35 Ft. MINIMUM FLOOR AREA 1,000 Sq.Ft. N/A MAX.GROSS COMMERCIAL BUILDING AREAS 44 50,000 Sq.Ft. N/A 1 Whichever is greater. • • • 32 Accessory uses such as IFences/walls, dumpsters, bus shelters, signage, and similar structures are not required to meet the minimum principal or accessory setbacks as listed in Exhibit B,Table I.Tract A,above,however they are subject to Sections 2.01.02,4.02.02,4.02.03 and 5.06.00 of the LDC. Words underlined are additions;words k-three are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 11 of 28 II. TRACT B: PRINCIPAL USES(1) ACCESSORY USES MINIMUM LOT AREA N/A N/A MINIMUM LOT WIDTH N/A N/A MINIMUM SETBACKS From Golden Gate Boulevard 50 Ft. 50 Ft. From Northern Project Boundary 75 Ft. 75 Ft. From 1"Street NW 50 Ft. 25 Ft. Preserve 25 Ft. 10 Ft. MIN.DISTANCE BETWEEN STRUCTURES 10 Ft. N/A MAXIMUM HEIGHT(1) Zoned 35 Ft. 35 Ft. Actual 45 Ft. 35 Ft. MINIMUM FLOOR AREA 1,000 Sq.Ft. N/A (1)Residential dwelling units per E,Estates Development Standards in the LDC and may be two stories III. TRACT C: PRINCIPAL USES(1) ACCESSORY USES MINIMUM LOT AREA N/A N/A MINIMUM LOT WIDTH N/A N/A MINIMUM SETBACKS From Golden Gate Boulevard 50 Ft. 50 Ft. From Northern Project Boundary 30 Ft. 30 Ft. From 3`d Street NW 25 Ft. 25 Ft. Preserve 25 Ft. 10 Ft. MIN.DISTANCE BETWEEN STRUCTURES Per Fire Code N/A MAXIMUM HEIGHT(1) Zoned 35 Ft. 35 Ft. Actual 45 Ft. 35 Ft. MINIMUM FLOOR AREA 1,000 Sq.Ft. N/A (1)Residential dwelling units per E,Estates Development Standards in the LDC and may be two stories. Words underlined are additions;words struckgh are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 12 of 28 nd*0 003/0/,0x0'I BOG-r1-,D 003)3 IBMx3 00003\50NiMIa0\0033\'JMMm2-0 3 LLI t A - - o -� B- Nod � ao^@i aO Ear O a axNM m r w IUio r w0�� W x�0 Z w_ U O>rg 8 N K �OiOvin w LL « jI' w mw i iliO! 21 .I z'i Q.0 Nw U N? 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' \ �$ p 1STSTNW - 1STSTSW g�- " COe cr)O• w y ( - UJ W Q W W .. ' 1 I I 1— W CC < ' .Ili'. a _ ct � W w < W . 'te.' Q I Z• o wmo w < �Q Z . 'nEr.' ° 0Q '� I _ ZLLCL 0 Q et F- W . • O lli1= � Ea 1 oQ ° Im 6jW o= ` CD � NJm §(0 LU z Eg Wtn CI- 0 Wo ¢ oi W Lli I- \ Z NJCr ❑ c= W . , •^ _0 U � ° W� OQ U ' . ' , W W. OQ ZN W �I N -i '' ' ' ,,>, I OQ Oat ° I —, t$ m w � ixl= w C7 = A ° � > o a 51 2 � , U1 2Jmcow FQ 5. i -C.' i z_ o � cwnn U ° cnnw W , , H Zw 0 . . D >- N 0] J cri U J m 1' Q 1 w w p F- co I W z wW _ wQ a W� Q I-- J o U w H d I Z cn Z ° LL W 0 CD W W ( Q 7 ° N w 2 Q O CO W � IL oZj I NQCr zQ N g m _ 0 Z 9bl N I �� I C z 3RD ST NW — — , - - - - - - 3RD ST SW • • I 0 Q ZONING:E, ESTATES Z W LAND USE:SINGLE FAMILY RESIDENTIAL I 0 0 W J SITE SUMMARY TOTAL SITE AREA: 40.62± ACRE TRACT A: 10.17± AC (25%) TRACT B: 7.64± AC (19%) TRACT C: 13.69± AC (34%) PRESERVE: 4.17± AC (10%) ROW EASEMENTS: 4.95± AC (12%) MAXIMUM COMMERCIAL BUILDING AREA: 50,000 S.F. MAXIMUM RESIDENTIAL DWELLING UNITS: 12 OVERALL OPEN SPACE: REQUIRED: 30% PROVIDED: 30% PRESERVE: REQUIRED: 4.17 ACRES (27.81+/- ACRES NATIVE VEGETATION X 0.15) PROVIDED: 4.17 ACRES DEVIATIONS: 1. FROM LDC SECTION 5.03.02 D.1., "FENCES AND WALLS, EXCLUDING SOUND WALLS" 2. FROM LDC SECTION 4.06.02 C.4., "BUFFER REQUIREMENTS" 3.1 FROM LDC SECTION 3.05.07 A.5., "PRESERVATION STANDARDS" NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. 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. IN ORDER TO MEET THE LDC REQUIREMENTS FOR A TYPE 'B' BUFFER, A 6 FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN THE EVENT THAT THE PRESERVE DOES NOT MEET p BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE 6' WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE, AND NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF INITIAL SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT. ESTATES SHOPPING CENTER CPUD s` elGrady 1 i n o r :)11v A111w1 end Iyt,orlA ra p o R ,R. zo 3111111\la I1CI RCN Bonito sp1111c,nog aln 3113.1 EXHIBIT C DATE. Civill:nginocrs I,andSurvcurs Pl3nncrs Landsc3pcArchip.,.t MASTER PLAN NOTES FILE MANE.20 1.rr1.ul:NnlII E90103151 1.vri of a.m.1.99005151 An.anr..Lc 2.00020, REVISED: 07/28/2021 RCESC-is c*w c)+co-as u Rnn)11)sprinas:239 117.II II n1111.I;ra. liinl.r.tom Cott Nyl;,s,239.)))))138)) SHEET 2 OF 2 EXHIBIT D FOR ESTATES SHOPPING CENTER CPUD LEGAL DESCRIPTION A PORTION OF GOLDEN GATE ESTATES, UNIT NO.11, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,ALSO BEING IN SECTION 4,TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF TRACT 144 OF GOLDEN GATE ESTATES, UNIT NO.11,AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89°40'50" WEST, ALONG THE SOUTH LINE OF SAID GOLDEN GATE ESTATES, UNIT No. 11, FOR A DISTANCE OF 2,000.00 FEET TO THE SOUTHWEST CORNER OF TRACT 107 OF SAID GOLDEN GATE ESTATES, UNIT No.11; THENCE RUN NORTH 00°19'10" EAST,FOR A DISTANCE OF 860.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 106 OF SAID GOLDEN GATE ESTATES UNIT No.11; THENCE RUN SOUTH 89°40'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 111 OF SAID GOLDEN GATE ESTATES, UNIT No.11; THENCE RUN NORTH 00°19'10" EAST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111;THENCE RUN SOUTH 89°40'50"EAST,FOR A DISTANCE OF 660.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 00°19'10" WEST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 142 OF SAID GOLDEN GATE ESTATES,UNIT No.11;THENCE RUN SOUTH 89°40'50"EAST,FOR A DISTANCE OF 680.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 180 FEET OF SAID TRACT 142; THENCE RUN SOUTH 00°19'10" WEST, FOR A DISTANCE OF 860.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 40.62 ACRES, MORE OR LESS. Words underlined are additions;words welt-thfeugh are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 16 of 28 EXHIBIT E FOR ESTATES SHOPPING CENTER CPUD LIST OF DEVELOPMENTER COMMITMENTS Regulations for development of the Estates Shopping Center CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the ' D and ! wth Management Plan (GMP) in effect at the time of issuance of any development order to •„hich said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that arc otherwise applicable shall apply. A. TRANSPORTATION The development of this MPUD CPUD shall be subject to and governed by the following conditions: 1. Right-of-Way for Golden Gate Boulevard Expansion and Right-of-Way for the Wilson Boulevard Expansion will be donated to the County at no cost to County within 120 days of a written request from the County. 2. The County will allow construction of a full median opening at the project entrance between 1st and 3rd,after approval of right of way permit.The design and construction shall be the responsibility of the developer. Should the project entrance access point meet signal warrants and if approved by the county, the developer will be responsible for all design and construction/installation costs of a traffic signal.The County reserves the right to modify the median opening should safety or documented capacity conflicts develop. Signalization, if warranted, must also be timed with the existing signal at Golden Gate Boulevard and Wilson Boulevard,with the Wilson Boulevard and Golden Gate Boulevard signal prioritized for green time. 42. The first phase of development, inclusive of the required grocery store and recognized to be no gr ater than 100,000 square feet, shall have a proportionate share responsibility towards intersection improvements at Wilson and Golden Gate Boulevard. 1. The last 50,000 square feet of the project shall not receive SDP approval from the Growth Management Division until commencement of County's proposed improvements to the intersection of Golden Gate Boulevard and Wilson Boulevard, unless the Developer has elected to commence construction of the intersection improvements in advance of the County(the non site related portion of the cost of said occupancy shall be issued for this phase until said intersection improvements are complete. This phase shall also have proportionate share responsibility toward the cost of the intersection of Wilson and Golden Gate Boulevard. For the purposes of this commitment "intersection improvements" shall mean four lanes of approaching and departing traffic travelling north/south and ast/west and dual left turn lanes and right turn lanes in all directions except the southbound right turn lane on Wilson Boulevard being a dual right turn lane. �3. Access points shown on the Master Plan are conceptual. Words underlined are additions;words st+ lc-through are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 17 of 28 64. Up to four primary project access locations arc proposed. Access points will be determined at Site Development Plan review in accordance with the County Access Management Policyt- One direct connection to Wilson Boulevard is proposed;located as far to the North as can be reasonably accommodated on the final SDP. ii. Access to Golden Gate Blvd via 1st Street NW is proposed. iii. Access to Golden Gate Boulevard between 1st Street NW and 3rd Street NW is proposed. Rcfcr to condition no. 2 above,referring to signalization. iv. Access to Golden Gate Blvd via 3rd Street NW is proposed. 1. The developer shall add signage at project entrance on 3fd Street NW prohibiting truck 5. The PUD shall be limited to a maximum of 550 p.m. peak hour two-way trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. B. BUS SHELTERS 1. The developer shall install or make payment in lieu of construction for two school bus stop shelters, which shall be installed at or near the intersection of 1st Street N.W. and Golden Gate Boulevard. If authorized by the School District the shelter size and location shall be coordinated with the Collier County School District. Installation of the shelters shall be concurrent with issuance of the first commercial building certificate of occupancy if constructed by Developer. 2. At the request of Collier County,the developer shall install or make payment in lieu of construction,at the discretion of the County,for a Collier Area Transit(CAT)bus stop with shelter. The exact location will be determined during site development plan review for Phase 2the commercial phase of the project. If constructed by County, owner shall convey to County an easement for the bus shelter at no cost to County. C. LANDSCAPE BUFFERS 1. Any portion of the Project directly abutting residential property (property zoned E Estates and without an approved conditional use) shall provide, at a minimum, a seventy five (75) feet wide buffer, except the westernmost 330' of Tract 106, which shall provide a minimum 20' wide buffer in which no parking uses are shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained or rc planted native vegetation and must be consistent with subsection 3.05.07.H of the Collier County Land Development Code (LDC). The native vegetation retention area may consist of a perimeter berm and be used for water management detention. Any newly constructed berm shall be revegetated to meet subsection 3.05.07.H of the LDC (native vegetation replanting requirements). Additionally, in order to be considered for approval, use ef-;e-flatiw vegetation retention area for water management purposes shall meet the following criteria: Words underlined are additions;words struck-through are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 18 of 28 a. There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro period unless it is proven that such would have no adverse impact to the existing vegetation. b. If the project requires permitting by the South Florida Water Management District,the project shall provide a letter or official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter, then the native vegetation retention ar a shall not be used for water management. c. If the project is reviewed by Collier Count ineer shall provide evidence that no removal of native vegetation is necessary to facilitate the necessary storage of water in the water management area. 2. Landscape buffers adjacent to external rights of way shall be: • 1*/3m Streets Minimum 30' wide enhanced buffer (Exhibit E.C.la and Exhibit B.C.1b) • Wilson Boulevard Minimum 25' wide enhanced buffer(Exhibit E.C.I c) • Golden Gate Boulevard Minimum 50' wide enhanced buffer(Exhibit E.C.I d) 3. The seventy five foot wide vegetative preserve/buffer identified and located along the northern property boundary shall retain existing native vegetation. Where the existing vegetation does not meet the requirements of the LDC,the owner or its successors shall replant and supplement native vegetation at all three vegetative strata as required by the LDC. Plant materials must be native species compatible with vegetation existing within the preserve area. These supplemental plantings must occur concurrent with the first phase of development on the site.The mid story vegetative plant material may be clustered near the northern preserve edge in order to address fire safety concerns. The replanted preserve must be 80 percent opaque within one year at six feet in height. Please refer to Exhibit E.C.If for details. 11. Along the northern boundary of Tract A of the Conceptual PUD Master Plan, the Developer shall be required to install a six foot high sound wall adjacent to the preserve/landscape buffer ar a as depicted on Exhibit C, Master Plan. . The six foot height shall be measured from the adjacent drive aisle or 1st Street NW, whichever is greater. The wall shall be installed concurrent with the commencement of site work for the first phase of commercial development on Tract A. 1. 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. In order to meet the LDC requirements for a Type B buffer, a 6-foot wide landscape buffer reservation has been identified on the Master Plan. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6-foot wide reservation to meet the buffer requirements. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. Words underlined are additions:words struck-through are deletions PL2019000235-1 Estates Shopping Center October 26, 2021 Page 19 of 28 D. ENVIRONMENTAL 1. A minimum of 15% of the on-site native vegetation must be retained. 2870027.81± acres of native vegetation exists requiring preservation of 4. 17± acres of native vegetation. See calculation below. (40.62±acres (total site) - 12.5381±acres (7.5482 ac. single family homes, 4.90 ac. row, .09 ac. pump station) = 28.0927.81± acres (native vegetation) x 15%= 4. 17±acres (required preserve). 2. A Black Bear Management Plan and a Fox Squirrel Management Plan are to be submitted at the time of SDP. 3. The owner shall meet the FDEP program that incorporates the Wellhead Protection rule and the groundwater protection measures administered and regulated by FDEP regulatory programs, to include any precautionary enhancements that will ensure the protection of the County's wellfield,to be determined at time of SDP. 4. The developer will install at its sole cost no less than 3 and up to 5 monitoring wells within the PUD at locations approved by the County staff during SDP and/or plat review. After installation, County staff will perform monitoring and testing at the County's cost to ensure that the county's well and the private wells are not affected by the proposed facility with fuel pumps/gas station. The developer and the owner, and their successors and assigns, will allow the county access to the wells to perform the monitoring. E. MISCELLANEOUS 1. 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. 2. All other applicable state or federal permits must be obtained before commencement of the development. 3. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures— backlight, uplight and glare (BUG) rating where U = 0) to avoid light spill onto adjacent properties. Fixtures within 50-ft of residential properties along the PUD boundary shall be set at no higher than a 15-ft mounting height. Otherwise the site light poles shall not exceed a 25-ft mounting height. Light levels along the PUD boundary shall be limited to no more than 0.2-ft-candles along the joint property line where adjacent to residential property. F. 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 PUD. At the time of this PUD approval, the Managing Entity is Crown Management Services, LLC, 207 Cherry Hill Drive, Presto, PA 15142- 1087. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 20 of 28 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 shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Words underlined are additions;words struck ugh are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 21 of 28 ity t o.: L It MI 4 } _.► m J 3 M O t 4 r ; o —TV . 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N � • • • • • aCO c . flu A) •a3 vEC v ii ..._ 4c o oa1p�g E cu �v;> U j Ira +� o o • c m e`^ ro w L. `l E o.0 E 8 ► e y 'T > E.V.. ' bm .••� s •......., io t LiA E 2 o ` • •.' . .) LA ci ul V• •. .. k d K�• o N 1 M U U V CC �V •Uc 000E iI .• I 1 \ 1:3 C - �O I f0 of j U O ( t i Ly \ - a..5 2 a 'O b p 0 0 E v I N � C --4 (-,4V• N . U ' 6J nG a t 3 C C W � = � o �� o � L`- - t0 to Ng 'E w a a a s p,N !0'WIDE ENHANCED C' o 5 c� E onn WIINrn o _ �` •� El N EXHIBIT F FAR ESTATES SHOPPING CENTER CPUD DEVIATIONS FROM THE LDC 1. Deviation from Land Development Code (LDC) Section 3.05.07.H.1.h.iii, Preserve Standards, which requires a five foot minimum setback from Preserve, to permit a sound wall to be constructed adjacent to the preserve in the location depicted on Exhibit C, Master Plan. Deviation 1: Relief from LDC Section 5.03.02 D.1.,"Fences and Walls, Excluding Sound Walls", which requires fences or walls shall be limited to a maximum height of 8 feet to instead allow a combination wall/berm of up to 12 feet for the perimeter and internal enclosures of the Shy Wolf tract containing animal enclosures.Applies to Tract C. Deviation 2: Relief from LDC Section 4.06.02 C.4, "Buffer Requirements" which requires developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way to instead allow the buffer depth to be reduced to 14 feet along the building area and associated driveway and parking,approximately 146 feet as shown on the Master Plan. Applies to Tract C. Deviation 3: Relief from LDC Section 3.05.07 A.5, "Preservation Standards", which requires preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors, to instead allow the onsite preserves to be non-contiguous. Words underlined are additions;words k through are deletions PL20190002354 Estates Shopping Center October 26, 2021 Page 28 of 28 :A rift 'err r ;.- 4 _ FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State November 3, 2021 Ms. Martha S. Vergara, Board Minutes & Records Dept. Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-40, which was filed in this office on November 3, 2021. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270