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Ordinance 2022-38ORDINANCE NO.2022- 3 a AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 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 AN ESTATES (E) ZONING DISTRICT WITHIN SPECIAL TREATMENT WELLFIELD ZONE W-3 TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITHIN SPECIAL TREATMENT WELLFIELD ZONE W-3 FOR A PROJECT TO BE KNOWN AS ARIVA PLAZA CPUD TO ALLOW 30,000 SQUARE FEET OF COMMERCIAL USE, LOCATED AT THE SOUTHWEST CORNER OF GOLDEN GATE BOULEVARD AND EVERGLADES BOULEVARD, CONSISTING OF 5.4f ACRES, IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210001195] WHEREAS, Daniel DeLisi, AICP, of DeLisi, Inc., on behalf of Ariva FL Ventures LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real 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 more particularly described in Exhibit D to this Ordinance, located in Section 6, Township 49 South, Range 28 East, Collier County, Florida, is changed from an Estates (E) Zoning District within Special Treatment Wellfield Zone W-3 to a Planned United Development (PUD) within Special Treatment Wellfield [21-CPS-02158/1725034/1] 7/12/2022 Page 1 of 2 PL20210001195 — Ariva Plaza (PUDZ) CAO Zone W-3 for the 5.4±acre project to be known as Ariva Plaza CPUD in accordance with Exhibits A—F attached hereto and incorporated herein by reference. The appropriate zoning atlas map or maps, as described in Ordinance Number 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 Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County 1p Commissioners of Collier County, Florida, this //'day of O CTd gEt2, 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. TIN.ZEE,.cLERK COLLIER CO DA • • By: "vA By: c Attest as to Chi a sty Clerk Willi L. McDaniel, Jr., Chairman Slanattfl anIY;, , 'Psis ordinance flied with the S cretary of Stoic' Offico the day of �C , ��� Appr ved as to form and legality and Packnowledgeme f that filin received this # day l't----Ur"-- of 8y Derek D. Perry Assistant County Attorney `17 Attachments: Exhibit A: List of Permitted Uses Exhibit B: List of Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: List of Deviations Exhibit F: List of Development Commitments [21-CPS-02158/1725034/1] 7/12/2022 Page 2 of 2 PL20210001195—Ariva Plaza(PUDZ) C oo EXHIBIT A LIST OF PERMITTED USES A maximum of 30,000 square feet of gross commercial floor area shall be permitted within the CPUD. Regulations for development of this PUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMD), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the first Site Development Plan (SDP) or plat. Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: Commercial: A. Principal Uses: 1. Accounting, auditing and bookkeeping services (Group 8721). 2. Adjustment and Collection Services (Group 7322). 3. Advertising Agencies (Group 7311). 4. Amusement and recreation services, indoor (7999 martial arts, yoga and gymnastics instruction, gymnastic schools, and recreation involving physical fitness exercise only). 5. Animal specialty services, except veterinary (0752, excluding outside kenneling). 6. Apparel and accessory stores (5611-5699) with 5,000 square feet or less of gross floor area in the principal structure. 7. Architectural Services (Group 8712). 8. Auto and home supply stores (Group 5531). 9. Automotive services (Group 7549), except any wrecker (towing) service. 10. Automobile Parking, automobile parking garages and parking structures (7521 — shall not be construed to permit the activity of "tow -in parking lots"). 11. Banks, credit unions and trusts (6011-6099), with no more than three (3) drive - through lanes. 12. Barber shops (Group 7241), except barber schools. 13. Beauty shops (Group 7231), except beauty schools. Page 1 of 13 Ariva Plaza PUD - PL20210001195 7/11/2022 �O 14. Book Stores (Group 5942). 15. Bookkeeping services (8721). 16. Business Associations (Group 8611). 17. Business Consulting Services (Group 8748). 18. Business services — miscellaneous (7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories -telephone, drive -away automobile, exhibits -building, filling pressure containers, field warehousing, fire extinguisher, floats -decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 19. Child day care services (Group 8351). 20. Civic, Social, and Fraternal Associations (Group 8641). 21. Commercial Art and Graphic Design (Group 7336). 22. Commercial Photography (Group 7335) 23. Computer programming, data processing and other services (7371-7379). 24. Credit Reporting Services (Group 7323). 25. Debt counseling (7299, no other miscellaneous services) 26. Drug Stores (Group 5912). 27. Dry-cleaning Plants, Except Rug Cleaning (Group 7216), non -industrial dry cleaning only. 28. Eating places (Group 5812 only) with 6,000 square feet or less in gross floor area in the principal structure (All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to locational requirements of LDC Section 5.05.01). 29. Engineering Services (Group 8711). 30. Essential Services, subject to LDC Section 2.01.03 Page 2 of 13 Ariva Plaza PUD - PL20210001195 7/11/2022 n 0 31. Federal and Federally -Sponsored Credit Agencies (Group 6111). 32. Food stores (groups 5411-5499) with 5,000 square feet or less of gross floor area in the principal structure. 33. Funeral services (7261, limited to non -crematory Funeral Parlors). 34. Garment Pressing, and Agents for Laundries and Drycleaners (Group 7212). 35. General merchandise stores (Group 5399). 36. Gasoline service stations (5541, subject to LDC Section 5.05.05). 37. Glass stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 38. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 39. Health services, offices and clinics (8011-8049). 40. Home furniture and furnishings stores (5712-5719) with 5,000 square feet or less of gross floor area in the principal structure. 41. Home Health Care Services (Group 8082). 42. Household Appliance Stores (Group 5722). 43. Insurance carriers, agents and brokers (6311-6399, 6411). 44. Labor Unions (Group 8631). 45. Landscape Architects Consulting and Planning (Group 0781). 46. Laundries and Dry-cleaning, Coin -Operated - Self service (Group 7215). 47. Legal services (Group 8111). 48. Loan Brokers (Group 6163). 49. Management Services (Group 8741 and 8742). 50. Membership Organizations, miscellaneous (Group 8699). 51. Mortgage Bankers and Loan Correspondents (Group 6162). 52. Museums and art galleries (Group 8412). Page 3 of 13 Ariva Plaza PUD - PL20210001195 7/11/2022 I• 53. Musical Instrument Stores (Group 5736). 54. Paint stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 55. Personal Credit Institutions (Group 6141). 56. Photocopying and Duplicating Services (Group 7334). 57. Photofinishing Laboratories (Group 7384). 58. Photographic studios (Group 7221). 59. Physical fitness facilities (Group 7991). 60. Political Organizations (Group 8651). 61. Professional Membership Organizations (Group 8621). 62. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 63. Public Relations Services (Group 8743). 64. Radio, television and consumer electronics stores (5731) with 5,000 square feet or less of gross floor area in the principal structure. 65. Radio, television and publishers advertising representatives (7313). 66. Real Estate (Group 6531). 67. Repair services - miscellaneous (7629-7631, 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 68. Retail nurseries, lawn and garden supply stores (5261) with 5,000 square feet or less of gross floor area in the principal structure. 69. Retail services - miscellaneous (5932-5949 except pawnshops and building materials, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths) with 5,000 square feet or less of gross floor area in the principal structure. 70. Secretarial and Court Reporting Services (Group 7338). 71. Security and commodity brokers, dealer, exchanges and services (6211-6289). 72. Shoe repair shops and shoeshine parlors (Group 7251). Page 4 of 13 Ariva Plaza PUD - PL20210001195 7/11/2022 .n 0 73. Surveying Services (Group 8713). 74. Tax Return Preparation Services (Group 7291). 75. United States Postal Service (Group 4311 except major distribution centers). 76. Veterinary services (Groups 0742, 0752 excluding outside kenneling). 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 by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures. C. Prohibited Uses: The principal permitted uses that are prohibited within Neighborhood Centers, pursuant to the Rural Golden Gate Estates Sub -Element of the Golden Gate Area Master Plan, as amended, are prohibited within the Ariva Plaza CPUD. At the time of this CPUD's adoption, the aforementioned prohibited uses are: 1. Drinking Places (5813) and Liquor Stores (5921) 2. Mail Order Houses (5961) 3. Merchandizing Machine Operators (5962) 4. Power Laundries (7211) 5. Crematories (7261) (Does not include non -crematory Funeral Parlors) 6. Radio, TV Representatives (7313) and Direct Mail Advertising Services (7331) 7. NEC Recreational Shooting Ranges, Waterslides, etc. (7999) 8. General Hospitals (8062), Psychiatric Hospitals (8063), and Specialty Hospitals (8069) 9. Elementary and Secondary Schools (8211), Colleges (8221), Junior Colleges (8222) 10. Libraries (8231) 11. Correctional Institutions (9223) 12. Waste Management (9511) 13. Homeless Shelters and Soup Kitchens. 14. Drive -through establishments, except banks which shall be allowed up to three (3) drive -through lanes. Preserve: A. Allowable Uses: 1. Water management and water management structures per LDC requirements. Page 5 of 13 Ariva Plaza PUD - PL20210001195 7/11/2022 O�7 EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land uses within the development shall be as stated in the development standard table below. 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. COMMERCIAL DEVELOPMENT STANDARDS TABLE PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUM LOT WIDTH 100 Ft. N/A MINIMUM YARDS (External) Front 25 FEET 25 FEET Rear 75 FEET 75 FEET Side 75 FEET 75 FEET Preserve 25 FEET 25 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 15 Ft. or Y2 sum of building heights * 15 FEET MAXIMUM HEIGHT Retail Buildings: Zoned/Actual 1 Story, 27/35 FEET 27/35 FEET Office Buildings: Zoned/Actual 1 Story, 27/35 FEET 27/35 FEET MINIMUM FLOOR AREA 700 SQUARE FEET** N/A MAXIMUM GROSS AREA 30,000 SQUARE FEET N/A * Whichever is greater ** Per principal structure, on the finished first floor. Page 6 of 13 Ariva Plaza PUD - PL20210001195 5/2/2022 coo EXHIBIT C - MASTER PLAN ZONING I - - ------ -. FAKAHACHEE CPUD I ZONING BIG DEAR PLAZA CPUD 10 -VACANT COMMERCIAL I 100' PLATTED ROADWAY (UNDER CONSTRUCTION) I VACANT EASEMENT (PB 5, PG19) COMMERCIAL 225'± PROPERTY BOUNDARY INTERSECTION SEPARATION) EX. CONCRETE CURB MEDIAN ZONING ESTATES B 0 - VACANT RESIDENTIAL WATER MANAGEMENT PRESERVE--,-, ±0.20 AC 25'' LANDSCAPE BUFFER - 75'BUFFER LEGEND PRESERVE- RETAINED NATIVE VEGETATION ® WATER MANAGEMENT AREA .h, PROPOSED LANDSCAPE BUFFFER �► INGRESS/EGRESS (APPROXIMATE LOCATION) CCOMMERCIAL AREA POTENTIAL FUTURE INTERCONNECTS PROPERTY BOUNDARY —/ 58' EXISTING R.O.W. , —DRAINAGE & UTILITY EASEMENT OR 5498 PG 1391 I 25' SETBACK �\ t 1 25' LANDSCAPE BUFFER I I 13 I I I 1 I I 1 I I I I � I I I I ul I o I 1 I Ff I z I , � I � cn I t I � iz cn D I 1 i I > I I Q t I I � I 1 I 1 � 1 I Z ' � 1 I W 1 I 1 I I I t I I 1 W � 1 t 11 W I PRESERVE ±0.40 AC ZONING ESTATES 1 - SINGLE FAMILY RESIDENTIAL L- 75' BUFFER A V 25' LANDSCAPE BUFFER GOLDEN GATE& VD. EAST r.— — — — — — - I I I I I ZONING ESTATES J lz � 0 - VACANT RESIDENTIAL I I J m I I I I I W I I i 100' PLATTED ROAD EASEMENT (PB 5, PG19) I 25' SETBACK — 25' LANDSCAPE BUFFER I I I Z ofQ I 00 X LU LU I W N I I J.R. EVANS ENGINEERING, P.A. J . 9351 CORKSCREW ROAD, SUITE 102 ARIVA PLAZA CPUD ESTERO, FLORIDA 33928 0 50' 100, EN G PHONE: (239) 405-9148 FAX: (239) 288-2537 MASTER CONCEPT PLAN - EXHIBIT C SCALE: 1" = 100' r WWW.JREVANSENGINEERING.COM REV DATE: 7/7/22 1 SHEET: 1 OF 2 F>tVr, PROPOSED LAND USE SUMMARY USE ACRES % OF SITE EXISTING 50' ROADWAY EASEMENT PERVIOUS IMPERVIOUS 0.24 ACRES 0.88 ACRES 04.4% 16.2% SUBTOTAL 1.12 ACRES 20.6% REMAINING COMMERCIAL SITE LANDSCAPE BUFFERS NATIVE VEGETATION PRESERVE AREA REMAINING COMMERCIAL AREA 0.79 ACRES 0.60 ACRES 2.95 ACRES 14.4% 11.0% 54.0% SUBTOTAL 4.34 ACRES 79.4% PRESERVE CALCULATION PROPERTIES GREATER THAN 5 ACRES ARE REQUIRED TO RETAIN 15% OF NATIVE VEGETATION 3.92 AC REMAINING NATIVE VEGETATION ON -SITE 3.92 X 0.15 (15%) = 0.59 AC MIN. REQUIRED 0.60 AC PROPOSED TO REMAIN I U I AL JI I t AKtFi 1 0.40 MUMMJ I Uv.v i0 NOTES OPEN SPACE CALCULATION REQUIRED OPEN SPACE: TOTAL SITE EXCLUDING ROADWAY EASEMENT = 4.34 AC 4.34 AC X 0.30 (30%) = 1.30 AC OPEN SPACE REQUIRED 1.39 AC PROPOSED OPEN SPACE 1. THIS PLAN IS CONCEPTUAL IN NATURE, ALL AREA(S), BUFFERS, EASEMENTS, AND ROADS ARE SUBJECT TO CHANGE THROUGH LOCAL, STATE & FEDERAL PERMITTING SECTION A -A (OPTION 1) 2ETAIL COMMERCIA 75' RESIDENTIAL BUFFER PUD 25'LANDSCAPE BUFFER 50'PRESERVE TOP OF BERM AT25YEAR MAT C ELEVATION EXIST. A GRADE EG ION TO B SECTION A -A (OPTION 2) RETAIL 75' RESIDENTIAL BUFFER :OMMERCIAL 25' LANDSCAPE PUD BUFFER 50'PRESERVE TOP OF BERM WALE AT25YEAR MATC ELEVATION EXIST. GRADE RETAI D PUD NOTE: 1. SECTIONS ARE CONCEPTUAL AND COULD CHANGE THROUGH PERMITTING & DESIGN NO ADVERSE IMPACTS TO NATIVE VEGETATION RETAINED SECTION B-B 75' RESIDENTIAL BUFFER LANDSCAPE VARIES TOP OF BERM BUFFER I PRESERVE I SLOPE/BERM� AT25YEAR ELEVATION MATCH EXIST. AT MATCH GRADE T E EXIST. RE INEDgLr GRADE r ' J.R. EVANS ENGINEERING, P.A. J . 9351 CORKSCREW ROAD, SUITE 102 ARIVA PLAZA CPUD ESTERO, FLORIDA 33928 EN G PHONE: (239) 405-9148 FAX: (239) 288-2537 MASTER CONCEPT PLAN - EXHIBIT C INP7f WWW.JREVANSENGINEERING.COM REV DATE: 7/7122 1 SHEET: 2 OF 2 EXHIBIT D LEGAL DESCRIPTION LEGAL OESCRIPTION TRACT 96, GOLDEN GATE ESTATE'S, UNIT No. 81, AS RECORDD IN PLAT BOOK 5, PAGE 19, Of THE PUBLIC RECORDS OF COLUER COUNTY, ROMA. Page 9 of 13 Ariva Plaza PUD - PL20210001195 5/2/2022 Ova EXHIBIT E LIST OF DEVIATIONS No deviations are requested from the land development code. Page 10 of 13 Ariva Plaza PUD - PL20210001195 5/2/2022 O�� EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS PURPOSE: The purposed of this Section is to set forth the development commitments for the development of this project. GENERAL: A. 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 Ariva FL Ventures, LLC or its assigns. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the 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. B. 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." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. ENVIRONMENTAL: A. The minimum native preservation requirement is 0.59 acres (3.92 acres x 15% = 0.59 acres to be preserved). The developer shall provide a minimum 0.60 acres in accordance with the Master Concept Plan. B. The Subject property is located within the W-3 Zone = 5 Year Travel Time Isocontour and W-4 Zone = 20 year travel time Isocontour wellfield zone. Future development must comply with LDC Section 3.06.00. C. The preserve area management plan will include a section on black bear management (waste management/education). Page 11 of 13 Ariva Plaza PUD - PL20210001195 7/11/2022 d V PUBLIC UTILITIES: A. The project shall utilize well and septic systems until central water and sewer are available. LANDSCAPE: A. A 25-foot wide landscape buffer abutting the external right-of-way consistent with the Master Concept Plan. This buffer shall contain two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double row hedge at least 24 inches in height at time of planting and attaining a minimum of three feet height within one year. A minimum of 50% of the 25-foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers other than grass. Existing native trees must be retained within this 25-foot wide buffer area to aid in achieving this buffer requirement; other existing native vegetation shall be retained, where possible, to aid in achieving this buffer requirement. Water retention/detention areas shall be allowed in this buffer area if left in a natural state, and drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall. B. Fences or walls may be constructed on the commercial side of the required landscape buffer between adjacent commercial and residential uses. If constructed, such fences or walls shall not exceed five (5) feet in height. Walls shall be constructed of brick or stone. Fences shall be of wood or concrete post or rail types, and shall be of open design (not covered by slats, boards, or wire). ARCHITECTURE A. All structures shall utilize a common architectural theme. This theme shall be applicable to both building design and signage. B. All buildings shall have file roofs, `Old Style Florida' metal roofs, or decorative parapet walls above the roofline. The buildings shall be finished in light, subdued colors, except for decorative trim. C. Walkways or courtyards shall be required to connect adjacent buildings. D. Lighting - All lighting facilities shall be architecturally -designed. E. Architectural and Site Design Standards. All Commercial structures shall be subject to the provisions of section 5.05.08 of the land development code. F. Drive -through facilities associated with a bank shall be architecturally integrated with the main building. Page 12 of 13 Ariva Plaza PUD - PL20210001195 7/11/2022 O U OPEN SPACE A. A functional public open -space component shall be provided. Such public open -space shall be developed as green space within a pedestrian -accessible courtyard, as per Section 4.06.03B.8 of the Collier County Land Development Code, as in effect at the time of PUD approval. TRANSPORTATION A. The maximum total daily trip generation for the PUD shall not exceed 167 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. B. Prior to SDP or plat approval, Owner shall convey to the County additional right of way on Golden Gate Blvd, at no cost to the County, to accommodate the existing turn lane including compensating ROW. The conveyance will be free and clear of all liens and encumbrances. C. Sidewalks, pedestrian walkways, and marked crosswalks will be placed within parking areas to encourage pedestrian traffic. Owner shall coordinate the placement of sidewalks with adjacent projects so that a continuous pathway between projects is created. D. The developer or their successor shall, at the discretion of the County Manager or designee, provide an interconnect to either or both of the adjacent properties to the west or south, should either or both properties rezone, change use (e.g., Neighborhood Center Transitional Conditional Uses), or make application for a Site Development Plan to/for a use that would benefit from or require an interconnect. SPECIAL CONDITIONS No adult -orientated sales are permitted. 2. Outdoor amplified sound shall be limited to areas facing Golden Gate Boulevard and Everglades Boulevard. There will be no amplified sound between the hours of 9 p.m. and 8 a.m. 3. All pole lighting shall be limited to flat full cutoff shields and shall be limited to a height of twenty-five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses and consistent with Policy 4.2.5. including consistency with International Dark Skies best practices of the Rural Golden Gate Estates Sub -element of the Golden Gate Area Master Plan of the Growth Management Plan. 4. The Developer will comply with all GMP Neighborhood Subdistrict criteria in the Golden Gate Area Master Plan not otherwise addressed in the PUD Document. 5. Drive -through establishments shall be limited to banks, with no more than 3 lanes; the drive -through areas shall be architecturally integrated with the rest of the building. Page 13 of 13 Ariva Plaza PUD - PL20210001195 7/11/2022 O Ci r =Q Wb Kt t�ti FLORIDA DEPARTMENT Of STATE RON DESANTIS Governor October 19, 2022 Martha S. Vergara, BMR & VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Martha Vergara: CORD BYRD Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of corrected Collier County Ordinance No. 2022-038, which was filed in this office on October 18, 2022. Sincerely, Anya Owens Program Administrator ACO/rra R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270