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Ordinance 2022-45 ORDINANCE NO. 2022- 4 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL CONVENIENCE (C-2) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS EVERGLADES EQUIPMENT GROUP CPUD. THE PROJECT WILL ALLOW UP TO 13,500 SQUARE FEET OF FLOOR AREA FOR A RETAIL NURSERY AND GARDEN SUPPLY STORE AND UP TO 15,000 SQUARE FEET OF C-2 COMMERCIAL USES. THE PROPERTY IS LOCATED NORTH OF RADIO ROAD APPROXIMATELY 818 FEET NORTHWEST OF THE INTERSECTION.OF RADIO ROAD AND DAVIS BOULEVARD IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.19± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PL20210002663) WHEREAS, Robert J. Mulhere, FAICP of Hole Montes, Inc. and Richard D. Yovanovich, Esq of Coleman, Yovanovich & Koester, PA, representing EFE, Inc., 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 located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, is changed from a Commercial [22-CPS-02203/1740808/1]71 Everglades Equipment Group PL20210002663 1 of 2 11/7/22 Convenience (C-2) Zoning District to a Commercial Planned Unit Development(CPUD) Zoning District for a project known as the Everglades Equipment Group CPUD, in accordance with Exhibits A through F, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: 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. 2022- 4/(.0 becomes effective. PASSED AND DULY ADOPTED by supper-majority vote of the Board of County Commissioners of Collier County, Florida, this L J day of n.L C e.71 b - , 2022. ATTEST: ,�‘-.......• •., r+,� BOARD OF COUNTY COMMISSIONERS CRY STAL~K. KINZEL,C ,ERK COLLIER CO �� _i ' DA (-1) g By: _ • ��• .401fr AfteSt aS 0 5 .D i' erk Wi,'am L. McDaniel, Jr., Chairman signature only. - ►; q,)'- Approved as to form an egality: eldiAd, C Ashton-Cicko t` Managing Assistant County Attorney Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit C-1 - R.O.W. Cross Section Exhibit C-2 —Buffer and Outdoor Display Area Exhibit D - Legal Description Exhibit E - List of Deviations This ordinance fi .e.t.1 "''th the. Exhibit F - List of Developer Commitments Secretory of S►cri ci t ca l�' __lien day of OeC.66.111t, ... and Gcknc.wledg mfrtt of ':il.,t filing received this ._.JJd- Joy of Vezzaix3r By [22-CPS-02203/1740808/1]71 Everglades Equipment Group PL20210002663 2 of 2 11/7/22 EXHIBIT A EVERGLADES EQUIPMENT GROUP CPUD PERMITTED USES 1. COMMERCIAL/TRACT Cl A maximum of 13,500 square feet of retail nursery, lawn and garden supply store (SIC 5261) (Turf). No building or structure, or part thereof, shall be erected, altered or use, in whole or in part, for other than the following: A. Principal Uses: 1. Retail nursery, lawn and garden supply store (SIC 5261) (Turf). B. Accessory Uses: 1. Customary accessory uses and structures to commercial development, including gazebos, fountains, trellises, and similar structures. 2. Outside storage or display of merchandise, subject to LDC Section 4.02.12. 3. Indoor equipment repair and related services ancillary to the above principal use. 4. Stormwater management treatment, conveyance facilities, and structures, such as berms, swales, and outfall structures. 2. COMMERCIAL/TRACT C2 A maximum of 15,000 square feet of the following permitted and conditional uses of the C-2, Commercial Convenience District in the LDC in effect as of the effective date of the adoption of the amendment establishing this CPUD. A. Principal Uses: 1. Accounting (SIC 8721). 2. Adjustment and collection services (SIC 7322). 3. Advertising agencies (SIC 7311). 4. Apparel and accessory stores (SIC 5611 — 5699) with 1,800 square feet or less of gross floor area in the principal structure. 5. Architectural services (SIC 8712). 6. Auditing (SIC 8721). 7. Banks, credit unions and trusts (SIC 6011-6099). 8. Barber shops (SIC 7241, except for barber schools). 9. Beauty shops (SIC 7231, except for beauty schools). 10. Bookkeeping services (SIC 8721). 11. Business consulting services (SIC 8748). 12. Business credit institutions (SIC 6153-6159). Page l of 14 H:\2021\2021108\WP\PUDZ\Post CCPC\Everglades Equipment Group CPUD Document(PL-20210002663)(11-7-2022).docx 13. Child day care services (SIC 8351). 14. Commercial art and graphic design (SIC 7336). 15. Commercial photography(SIC 7335). 16. Computer and computer software stores (SIC 5734) with 1,800 square feet or less of gross floor area in the principal structure. 17. Computer programming, data processing and other services (SIC 7371- 7379). 18. Credit reporting services (SIC 7323). 19. Direct mail advertising services (SIC 7331). 20. Eating places (SIC 5812, except contract feeding, dinner theaters, institutional food service, and industrial feeding) with 2,800 square feet or less of gross floor area in the principal structure). 21. Engineering services (SIC 8711). 22. Food stores (groups 5411 - except supermarkets, SIC 5421-5499) with 2,800 square feet or less of gross floor area in the principal structure. 23. Garment pressing, and agents for laundries and drycleaners (SIC 7212). 24. General merchandise stores (SIC 5331-5399) with 1,800 square feet or less of gross floor area in the principal structure. 25. Glass stores (SIC 5231) with 1,800 square feet or less of gross floor area in the principal structure. 26. Hardware stores (SIC 5251) with 1,800 square feet or less of gross floor area in the principal structure. 27. Health services, offices and clinics (SIC 8011-8043). 28. Home furniture and furnishings stores(SIC 5713-5719)with 1,800 square feet or less of gross floor area in the principal structure. 29. Home health care services (SIC 8082). 30. Insurance carriers, agents and brokers (SIC 6311-6399, SIC 6411). 31. Landscape architects, consulting and planning (SIC 0781). 32. Legal services (SIC 8111). 33. Libraries (SIC 8231, except regional libraries). 34. Loan brokers (SIC 6163). 35. Management services (SIC 8741 and SIC 8742). 36. Mortgage bankers and loan correspondents (SIC 6162). 37. Musical instrument stores (SIC 5736) with 1,800 square feet or less of gross floor area in the principal structure. 38. Paint stores (SIC 5231) with 1,800 square feet or less of gross floor area in the principal structure. 39. Personal credit institutions (SIC 6141). 40. Photocopying and duplicating services (SIC 7334). 41. Photofinishing laboratories (SIC 7384). 42. Photographic studios, portrait (SIC 7221) 43. Public relations services (SIC 8743). 44. Radio, television and consumer electronics stores (SIC 5731) with 1,800 square feet or less of gross floor area in the principal structure. 45. Radio, television and publishers advertising representatives (SIC 7313). 46. Real Estate (SIC 6531-6552). Page 2 of 14 H:\2021\2021108\WP\PUDZ\Post CCPC\Everglades Equipment Group CPUD Document(PL-20210002663)(11-7-2022).docx 47. Record and prerecorded tape stores (SIC 5735) with 1,800 square feet or less of gross floor area in the principal structure. 48. Religious organizations (SIC 8661). 49. Repair services - miscellaneous (SIC 7629-7631, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines). 50. Retail services - miscellaneous (SIC 5912, SIC 5942-5961) with 1,800 square feet or less of gross floor area in the principal structure. 51. Secretarial and court reporting services (SIC 7338). 52. Security and commodity brokers, dealer, exchanges and services (SIC 6211-6289). 53. Shoe repair shops and shoeshine parlors (SIC 7251). 54. Social services, individual and family(SIC 8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 55. Surveying services (SIC 8713). 56. Tax return preparation services (SIC 7291). 57. Travel agencies (SIC 4724, no other transportation services). 58. United State Postal Service (SIC 4311, except major distribution center). 59. Veterinary services (SIC 0742, excluding outdoor kenneling). 60. Videotape rental (SIC 7841) with 1,800 square feet or less of gross floor area in the principal structure. 61. Wallpaper stores (SIC 5231) with 1,800 square feet or less of gross floor area in the principal structure. 62. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 63. Any other commercial convenience use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC Section 10.02.06 K. B. Accessory Uses 1. Uses and structures that are accessory and incidental to the customary uses permitted above. 2. Where play areas are constructed as an accessory use to a permitted use,the following conditions shall apply: i. A minimum five and one-half(51/2) foot high reinforced fence shall be installed on all sides of the play area which are not open to the principal structure; ii. Ingress to and egress from the play area shall be made only from the principal structure, however an emergency exit from the play area shall be provided which does not empty into the principal structure. Page 3 of 14 H:\2021\2021108\WP\PUDZ\Post CCPC\Everglades Equipment Group CPUD Document(PL-20210002663)(11-7-2022).docx iii. The play equipment shall be set back a minimum distance of five(5) feet from the required fence and from the principal structure. 3. Outside storage or display of merchandise when specifically for a use, subject to LDC Section 4.02.12. Otherwise it is prohibited. Page 4 of 14 H:\2021\2021108\WP\PUDZ\Post CCPC\Everglades Equipment Group CPUD Document(PL-20210002663)(11-7-2022).docx EXHIBIT B EVERGLADES EQUIPMENT GROUP CPUD LIST OF DEVELOPMENT STANDARDS The table below sets forth the development standards for land uses within the Everglades Equipment Group CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code in effect as of the date of approval of the Site Development Plan. ACCESSORY PRINCIPAL USES USES MINIMUM LOT AREA 15,000 S.F. N/A MINIMUM LOT WIDTH 150 FT. N/A PERIMETER SETBACKS Front (South) (Tract C1) 65 FT. SPS Front (South) (Tract C2) 25 FT. SPS Side (East) 15 FT. SPS Side (West) (Tract C 1) 15 FT. SPS Side (West) (Tract C2) 90 FT. SPS Rear(North) 90 FT. SPS MINIMUM DISTANCE 50% of the sum of the heights of the buildings, but SPS BETWEEN STRUCTURES not less than 15 FT. MAXIMUM HEIGHT Zoned 35 FT. 25 FT. Actual 35 FT. 32 FT. MINIMUM FLOOR AREA 1,000 S.F. (ground floor) N/A SPS — Same as Principal Structure. BH—Building height. PERIMETER LANDSCAPE BUFFERS Direction Buffer Type Adjacent to Sherwood Park PUD 20' Enhanced Type B,except for the southwest 165' which will be 30' in width. Adjacent to Radio Road 15' Enhanced Type D East 15' Type B Page 5 of 14 H:\202I\2021108\WP\PUDZ\Post CCPC\Everglades Equipment Group CPUD Document(PL-20210002663)(11-7-2022).docx B o go ils_ = e e u u Z 7 0e A � Q w'=$o � Wi Wuoa gia LLu ry m 6 -arm o 20°J,i1-07y O N 7 - mO 7 UOE0pfw W _,gq NiJdWeQ l8id 3 7O F W g V J Outla UwSeW= lit e _w O -,Q Q 2 lV1 8 g3JjWn r , _Z =aW YIa Na O CVWLL 3 „ ir i•" 6 t Q Q p Q C Q Q L VJ Q E W ^ Q aoa : Wa iw Vl "i fqz I iopNh 0 =71` _S n a Z. 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I=0 c UW� LLFr1=cei-OWn O_ -JUJ nre Z11 7 -C,00-' cra W0X -LQ. _>-mTl 'C(AIr 00 6 U- W a z u ogo� uo �'}m Page 6 of 14 H:\2021\2021108\WP\PUDZ\Post CCPC\Everglades Equipment Group CPUD Document(PL-20210002663)(11-7-2022).docx O 1- J D oo 8U P L'i CD WS z a.ct R §t con a �:� o = '- ANI ° 7 P 1 E C e I— 1h _! O I Z W G >zill qiiAI LJJ LU 3 -e, S — IN ''_`_ O & cam- © •i cc U o g O r` rV Q Iv •j v R o IA rj p JN 2 (�J 0n, LL a�e..,,,, „,_c_..,,:. C cc . Q ;s O w No)82 -g 1.4 lit e ,.„,,, al g •4,1 k Q N ' s Ii Lui OOa [ i 4 Page 7 of 14 H:\2021\2021108\WP\PUDZ\Post CCPC\Everglades Equipment Group CPUD Document(PL-20210002663)(I 1-7-2022).docx H zW t ., ii a 1- 4': 00 0i1 W hp t I ■r: y • Zi ._ - .-.- �i. i 2 I =' I III 1 1 1 1 1 1 1 1 1 1 • LL1 CI 1 111 L i_ g .-.w 11 1 Li 0.iV "�—' 1 .Ell m a 0 a \ wCL p C M :eif La NLa N • 0 0 3 .. z 5 F (� U Z Z — Y_ z W 0 lIi.i8 0 a I a d 0 O $2 $^ Z +'..;r Q r In 1 H � a O J W C� = o� re a _ 0 - I-- Q s_ • w Pp • p w CI .[ ,. ,ram i-4 I --J`-' 1 c*-"'l 'xil —�— Q _. �. ..,, _ O N w rwt , � 0 U m .F� Q .6 c Lii -,-.—. — Page 8 of 14 H:\2021\2021108\WP\PUDZ\Post CCPC\Everglades Equipment Group CPUD Document(PL-20210002663)(I I-7-2022).docx EXHIBIT D EVERGLADES EQUIPMENT GROUP CPUD LEGAL DESCRIPTION PROPERTY DESCRIPTION: PARCEL ONE: FROM THE SOUTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 34, RUN NORTH 00°28'59" EAST ALONG THE EAST LINE OF SAID WEST 1/2 OF THE SOUTHWEST 1/4 FOR 50' TO THE POINT OF BEGINNING: THENCE CONTINUE TO RUN NORTH 00°28'59" EAST ALONG SAID EAST LINE, FOR 755.03 FEET; THENCE RUN SOUTH 89°54'20" WEST, FOR 134.30 FEET,TO A POINT OF CURVATURE; THENCE RUN 1185.95 FEET ALONG THE ARC OF A CURVE, CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 755.00 FEET; AND SUBTENDED BY A CHORD HAVING A LENGTH OF 1067.73 FEET AND A BEARING OF S44°54'20" WEST, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID STATE ROAD #858; THENCE RUN NORTH 89°54'20" EAST ALONG SAID RI9GHT-OF-WAY LINE, FOR 881.69 FEET TO THE POINT OF BEGINNING, LESS THE EAST 290 FEET OF THE 12.5 ACRES, CONSISTING OF 7.5 ACRES,MORE OR LESS,ALL SITUATE LYING AND BEING IN SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS ALL THAT PORTION SET OUT IN QUIT CLAIM DEED RECORDED IN O.R. BOOK 1528, PAGE 438. LESS THE SOUTH 25 FEET THEREOF AS GRANTED TO COLLIER COUNTY BY WARRANTY DEED IN O.R. BOOK 1524, PAGES 2121, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL TWO: A PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN FOUND AT THE SOUTHEAST CORNER OF SAID 7.5 ACRE TRACT, BEING ALSO IN THE NORTHERLY RIGHT-OF-WAY LINE OF RADIO ROAD (S.R. #S-858); THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 89°54'22" WEST, 260.01 FEET TO THE SOUTHWEST CORNER OF SAID 3.9857 ACRE TRACT HEREIN DESCRIBED; THENCE ACROSS SAID 7.5 ACRE TRACT, THE FOLLOWING THREE (3) COURSES: 1. NORTH 00°28'18" EAST, 406.84 FEET TO A POINT; 2. NORTH 89°54'22" EAST, 30.59 FEET TO A POINT; 3. NORTH 00°05'38" WEST, 240.67 FEET TO THE NORTHWESTERLY LINE OF SAID 7.5 ACRE TRACT; THENCE ALONG SAID NORTHWESTERLY LINE, BEING A CURVE, CONCAVE TO THE SOUTHEAST, WHOSE ELEMENTS ARE CENTRAL ANGLE OF 19°03'43", RADIUS 755.00 FEET, ARC LENGTH OF 261.18 FEET AND A SUB-CHORD THAT BEARS NORTH 68°26'53" EAST 250.03 FEET TO AN IRON PIN FOUND AT THE NORTHEAST CORNER Page 9 of 14 H:\2021\2021108\WP\PUDZ\Post CCPC\Everglades Equipment Group CPUD Document(PL-20210002663)(11-7-2022).docx OF SAID 7.5 ACRE TRACT; THENCE ALONG THE EASTERLY LINE OF SAID 7.5 ACRE TRACT, SOUTH 00°28'18" WEST, 738.99 FEET TO THE POINT OF BEGINNING; LESS THE SOUTH 25 FEET THEREOF AS GRANTED TO COLLIER COUNTY BY WARRANTY DEE,RECORDED IN OFFICIAL RECORDS BOOK 1524,PAGE 2121,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCELS ONE AND TWO ALSO KNOW AS: FROM THE SOUTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, RUN NORTH 00°28'59" EAST ALONG THE EAST LINE OF SAID WEST I/2 OF THE SOUTHWEST 1/4 FOR 50' TO THE POINT OF BEGINNING; THENCE CONTINUE TO RUN NORTH 00°28'59" EAST ALONG SAID EAST LINE, FOR 755.03 FEET; THENCE RUN SOUTH 89°54'20" WEST, FOR 134.30 FEET, TO A POINT OF CURVATURE; THENCE RUN 1185.95 FEET ALONG THE ARC OF A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 755.00 FEET; AND SUBTENDED BY A CHORD HAVING A LENGTH OF 1067.73 FEET AND A BEARING OF SOUTH 44°54'20" WEST, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID STATE ROAD #858; THENCE NORTH 89°54'20" EAST ALONG SAID RIGHT-OF-WAY LINE, FOR 881.69 FEET TO THE POINT OF BEGINNING, LESS THE EAST 290 FEET OF THE 12.5 ACRES, ALL SITUATE LYING AND BEING IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 25 FEET THEREOF AS GRANTED TO COLLIER COUNTY BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 1524, PAGE 2121, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. The total acreage of the site is +7.193 acres. Page 10 of 14 H:\202I\2021108\WP\PUDZ\Post CCPC\Everglades Equipment Group CPUD Document(PL-20210002663)(11-7-2022).docx EXHIBIT E EVERGLADES EQUIPMENT GROUP CPUD LIST OF DEVIATIONS 1. Deviation 1 (Street System Requirements) requests relief from LDC Section 6.06.01.N. "Street System Requirements", which requires a minimum right-of-way width of 60 feet for local roads to instead allow a width of 50 feet for roadways within the Everglades Equipment Group CPUD. 2. Deviation 2 (Sidewalks) requests relief from LDC Section 6.06.02.A.1. "Sidewalks, Bike Lane and Pathway Requirements", which requires that all developments construct sidewalks on both sides of public and private rights-of-way, to instead allow sidewalks along one side of the internal, private rights-of-way. 3. Deviation 3 (Buffer Requirements) seeks relief from LDC Section 4.06.02- Buffer Requirements, Table 2.4, Footnote 3, which states that"Buffer areas between commercial outparcels located within a shopping center, Business Park, or similar commercial development may have a shared [Type A] buffer 15 feet wide with abutting property contributing 7.5 feet" to instead allow to instead allow a 15 foot Type A buffer to be located entirely along the western boundary of Tract Cl, as depicted on the Master Plan. Page 11 of 14 H:\2021\2021108\WP\PUDZ\Post CCPC\Everglades Equipment Group CPUD Document(PL-20210002663)(11-7-2022).docx EXHIBIT F EVERGLADES EQUIPMENT GROUP CPUD LIST OF DEVELOPMENT COMMITMENTS 1. PUD MONITORING A. One entity (hereinafter the Managing Entity) shall be responsible for CPUD monitoring until close-out of the CPUD, and this entity shall also be responsible for satisfying all CPUD commitments until close-out of the CPUD. At the time of this CPUD approval, the Managing Entity is EFE, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to the County that includes an acknowledgement of the commitments required by the CPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the CPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of CPUD 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 of 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. 2. TRANSPORTATION A. The maximum total daily trip generation for the CPUD shall not exceed 198 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. Vehicular and Pedestrian interconnection will be provided to the south via an access and utility easement to allow use of an existing point of ingress/egress to Radio Road, consistent with the conceptual CPUD Master Plan, Exhibit C. The final location of the proposed access and utility easement will be coordinated with the adjacent property owner and a cross-access easement, or an access easement for public use without the responsibility of maintenance by Collier County will be provided at the time of the first Site Development Plan or Plat. The connection and supporting infrastructure will be constructed to the property line by the developer or successors or assigns prior to the first Certificate of Occupancy. The interconnections shall remain open to the public. Page 12 of 14 H:\2021\2021108\WP\PUDZ\Post CCPC\Everglades Equipment Group CPUD Document(PL-20210002663)(11-7-2022).docx 3. ENVIRONMENTAL A. The minimum required native vegetation preservation is 0.26± acres. Native vegetation preservation will be on-site. B. At time of development review, a Black Bear Management Plan will be required. 4. OTHER A. Light poles shall be limited to a height of 15' and dark sky compliant (flat panel, full cut- off fixtures-backlight, up light and glare (BUG) rating where U=0) to avoid light trespass onto adjacent property. B. Enhancements to the southern perimeter buffer (along Radio Road frontage) shall consist of a backrow hedge 3' in height at time of planting and 30, one gallon groundcover plantings per 100 linear feet. C. Enhancements to the perimeter Type `B" buffer adjacent to Sherwood Park PUD shall consist of a 20' wide minimum buffer, except the southerly 165 feet shall be 30 feet in width. In addition to the required Type `B" buffer planting requirement, the buffer shall retain native trees where feasible, after exotic removal and any necessary site improvements. The buffer shall include a double staggered row of hedges, a minimum size 10 gallon and 5 feet in height at time of planting. D. Hours of operation related to SIC Code 5261: Retail Nurseries, Lawn and Garden Supply Stores (Turf), excluding sales and promotional events allowed under LDC Section 5.04.05.A.3., Sales and Promotional Events, shall be as follows: Monday through Friday: 7:00 AM to 5:00 PM Saturday: 8:00 AM to 3:00 PM Delivery Hours related to SIC Code 5261: Retail Nurseries, Lawn and Garden Supply Stores (Turf)shall be as follows: Monday through Friday: 8:00 AM to 5:00 PM Saturday: 8:00 AM to 3:00 PM E. Outdoor storage shall be limited to bulk materials such as loam, topsoil, decorative stone materials, and similar products used for landscaping. Storage of such bulk material shall only be permitted in the rear of the building and shall be screened with an 8' tall opaque wall of fence, on the north, west and south sides, with access limited to the east side. Bulk storage and sale of mulch are prohibited. Only bagged mulch is allowed. F. Truck deliveries to Tract Cl will be as follows: Delivery trucks will enter the site utilizing the shared access with the adjacent parcel labeled "Existing Access" on the master plan and turn right at the easternmost drive of Tract C l. Thereafter they will proceed Page 13 of 14 H:\2021\2021108\WP\PUDZ\Post CCPC\Everglades Equipment Group CPUD Document(PL-20210002663)(11-7-2022).docx counterclockwise around the building, departing where they entered at the shared access with the adjacent parcel. Owner will install signage at time of SDP providing directions for the delivery trucks. G. Related to SIC Code 5261: Retail Nurseries, Lawn and Garden Supply Stores (Turf), "Best Business Practices" will be used to minimize back-up vehicles alarms, with loading and unload of deliveries primarily occurring on the east side of the building. • Page 14 of 14 H:\2021\2021108\WP\PUDZ\Post CCPC\Everglades Equipment Group CPUD Document(PL-20210002663)(11-7-2022).docx _ E FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State December 16, 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, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of the Collier County Ordinance No. 22-45, which was filed in this office on December 16, 2022. If you have any questions or need further assistance, please contact me at (850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Program Administrator Florida Administrative Code and Register ACO/rra R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270