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Ordinance 2024-18 ORDINANCE NO. 2024-1.8 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA CREATING A MIXED USE PLANNED UNIT DEVELOPMENT, BY 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 INDUSTRIAL (I), RURAL AGRICULTURAL-RURAL FRINGE MIXED USE DISTRICT- RECEIVING LAND (A-RFMUD-RECEIVING), AND TRAVEL TRAILER-RECREATIONAL VEHICLE CAMPGROUND-RURAL FRINGE MIXED USE DISTRICT-RECEIVING LAND (TTRVC- RFMUD-RECEIVING) ZONING DISTRICTS TO A MIXED USE PLANNED UNIT DEVELOPMENT TO BE KNOWN AS NBC RV MIXED USE PLANNED UNIT DEVELOPMENT, A PORTION OF WHICH REMAINS IN THE RURAL FRINGE MIXED USE DISTRICT-RECEIVING LANDS ZONING OVERLAY, TO ALLOW UP TO 356,000 SQUARE FEET OF GROSS FLOOR AREA OF HEAVY COMMERCIAL AND INDUSTRIAL USES AND UP TO 75 TRAVEL TRAILER-RECREATIONAL VEHICLE CAMPGROUND UNITS ON PROPERTY LOCATED 450± FEET NORTHEAST OF THE INTERSECTION OF BASIK DRIVE AND TAMIAMI TRAIL EAST, 5 MILES EAST OF COLLIER BOULEVARD IN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 33.523± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210001953] WHEREAS, Robert Mulhere, FAICP and Ellen Summers, AICP of Hole Montes, a BOWMAN company, and Noel Davies, Esq. of Davies Duke PLLC, representing NBC RV, LLC and NBC North, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. WHEREAS, the Rural Fringe Mixed Use District-Receiving Lands Zoning Overlay is not affected by this rezone. 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 18, Township 51 South, Range 27 East, Collier County, Florida, is changed from an Industrial (I) [22-CPS-02220/1841068/1]142 NBC Land Holdings/PL20210001953 Page 1 of 2 3/21/24 Zoning District, Rural Agricultural-Rural Fringe Mixed Use District-Receiving Lands (A- RFMUD-Receiving) Zoning District and Travel Trailer-Recreational Vehicle Campground (TTRVC-RFMUD-Receiving) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the 34+/- acre project to be known as the NBC RV MPUD, to allow up to 356,000 square feet of gross floor area of heavy commercial and industrial uses and up to 75 travel trailer-recreational vehicle campground units, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The portion of the property within the Rural Fringe Mixed Use District-Receiving Lands Zoning Overlay will remain within the Zoning Overlay. 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 Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2024-19 becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this Ctit\ day of A p r , I , 2024. ATTEST: an°c4, BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KI • TLERK COLLIER COUNTY, FLORIDA By: � By: Attest as o hairman;sPeputy Clerk Chri all, Chairman sign. r-.only Approved as to foil i and legality: This ordinance fi'ed with the (' Sgc�etory of Mote's Office the 1.""r4-*Gin , I_�7 day of. � �. , -�?L` Heidi Ashton-Cicko and acknow!ettement f that Managing Assistant County Attorney fiii ret bred this day of Attachments: -v aloft Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit F: Developer Commitments [22-CPS-02220/1841068/1]142 NBC Land Holdings/PL20210001953 Page 2 of 2 3/21/24 EXHIBIT A NBC RV MPUD LIST OF PERMITTED USES Regulations for development of the MPUD shall be in accordance with the content of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan(SDP)or plat. Where the MPUD Ordinance does not provide development standards,then the provision of the specific sections of the LDC that are otherwise applicable shall apply. The MPUD establishes three tracts which allow for the following: Tract C—Commercial Uses Tract TC -Travel Trailer Recreational Vehicle Campground(TTRVC)or Commercial Uses Tract I—Industrial Uses and Commercial uses permitted in Tract C. I. Tract C A. Permitted Uses (Commercial Uses) Tract C may be developed with the following C-5 Heavy Commercial zoning district uses, subject to a cumulative maximum gross floor area of 206,000 square feet for commercial uses, which shall also include that area dedicated to outdoor storage yards (see Exhibit A, Section IV of this PUD document for additional uses permitted with restriction): 1. Amusement and recreation services, outdoor(7999,pleasure boat rental, canoe rental, exposition operation, golf driving ranges, moped rental, motorcycle rental, rental of beach chairs and accessories, rental of bicycles,rental of golf carts, rental of rowboats and canoes, and tourist guides only). 2. Auctioneering/auction houses only (groups 7389, 5999). 3. Automobile Parking (7521 including tow-in parking lots, parking structures, parking lots, and automobile parking garages). 4. Boat dealers (5551). 5. Building construction—General contractors and operative builders (1521-1542). 6. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01. 7. Facilities support management services (8744). 8. Installation or erection of building equipment contractors (1796). Page 1 of 15 H:\2021\2021092\WP\PUDZ\BCC\NBC RV PUD PL-202 1 000 1 95 3(3-20-2024).docx 9. Local passenger transportation (4119). 10. Lumber and other building materials dealers (5211). 11. Motor freight transportation and warehousing (4225, mini- and self-storage warehousing only). This use shall not exceed 45 percent of the maximum allowed square footage within Tract C, TC, and I. 12. Outdoor storage yards,provided that the yard adheres to the following: a) The outdoor storage yard shall adhere to the development standards for Tract I. b) The outdoor storage yard shall be located no closer than twenty-five (25) feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress,pursuant to LDC section 4.02.12. c) This provision shall not be construed to allow, as permitted or accessory uses, wrecking yards, junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand vehicle parts. d) It is the intent of this use to permit the storage of the vehicles(in working order and not to be construed as junk vehicles),boat trailers,trailered vessels,and recreational vehicles. The area identified for storage of these items shall be improved to County standards, covered or uncovered. An exhibit shall be provided at time of SDP delineating the dimensions of storage spaces and meeting the limitation of 40 spaces per acre. e) The storage of construction materials (non-hazardous), storage containers and construction equipment shall not be permitted within Tracts C and TC except as an accessory to an allowed principal use, such as, but not limited to, building construction—General contractors and operative builders (SIC 1521-1542). 13. Plumbing contractors (1711). 14. Recreational vehicle dealers (5561) 15. Retail nurseries, lawn and garden supply stores (5261) 16. Roofing, siding and sheet metal work contractors (1761). 17. Structural steel erection contractors (1791). 18. Tour operators (4725). 19. Utility trailer and recreational vehicle rental (7519). Page 2 of 15 H:\2021\2021092\WP\PUDZ\BCC\NBC RV PUD PL-20210001953(3-20-2024).docx 20. Any other principal use which is comparable in nature with the list of permitted uses and consistent with the other Tract C permitted uses, as determined by the Hearing Examiner or Board of Zoning Appeals,pursuant to LDC Section 10.02.06 K. B. Accessory Uses Uses and structures that are accessory and incidental to the uses permitted above, including but not limited to: 1. Detached caretaker's residence (limited to one residence), subject to LDC section 5.03.05; and 2. Stormwater management treatment, conveyance facilities, and structures, such as berms, swales, and outfall structures. II. Tract TC A. Permitted Uses Tract TC shall be developed with either the TTRVC use, not to exceed 75 units, or commercial uses identified within Tract C (including those uses located within Exhibit A, Section IV of this PUD document), whichever use is developed first but not both, to be determined at time of SDP or PPL. All uses developed within the Tract TC, with the exception to the TTRVC use shall be limited to the cumulative maximum square footage (206,000 SF) of commercial uses allowed within this PUD. The TTRVC use includes travel trailers, park model travel trailers, pickup coaches, motor homes and other recreational vehicles, as defined in the LDC, and are subject to LDC section 5.05.10. B. Accessory Uses Uses and structures that are accessory and incidental to the uses permitted above, including but not limited to: 1. If Tract TC is developed as a TTRVC Park,the following shall apply: a) One single-family dwelling(not a TTRVC unit)is allowed in conjunction with the operation of the TTRVC park. b) Accessory uses and structures customarily associated with travel trailer recreational vehicle parks, including recreation facilities (both indoor and outdoor), machine carwash for travel trailers and recreational vehicles, administration buildings, service buildings including bathrooms, laundries and similar services for residents of the park, and utilities. c) Accessory uses and structures customarily associated with each TTRVC lot or space, including: Page 3 of 15 H:\2021\2021092\WP\PUDZ\BCC\NBC RV PUD PL-20210001953(3-20-2024).docx (i) Enclosed utility/storage area of the same siding material and architectural style as that of the associated recreational vehicles, as defined in the LDC,not to exceed an area of sixty (60) square feet. Any utility/storage area shall be located adjacent to its associated recreational vehicle and made a continuous part of a screened-in porch where such a porch is attached to the vehicle as herein provided. Where utility/storage areas are made a continuous part of a screened-in porch, the area of the utility/storage area may not exceed 25 percent of the area of the screened-in porch or 120 square feet, whichever lesser. The County Manager or designee may administratively approve an exception to accessory structure size limitation where such exception is necessary to allow for accessibility, in accordance with the specifications set forth in Section 4 of the Americans with Disabilities Act (ADA), to accommodate a physically handicapped individual. (ii) For recreational vehicles, as defined in the LDC, fixed by a permanent anchoring system, a screened-in porch elevated or at ground level with a solid roof structure, architecturally compatible with its associated recreational vehicle, not to exceed an area equal to the area of the recreational vehicle to which it is attached. Said screened-in porch shall provide for any site utility/storage space requirements as herein provided and shall not contain any other interior walls. All such screened enclosures must be permitted and constructed according to this Code and applicable building codes. Exterior walls may be enclosed with screen, glass or vinyl windows, except that the storage area shall be enclosed with the same material as the principal unit. Page 4 of 15 H:\2021\2021092\WP\PUDZ\BCC\NBC RV PUD PL-20210001953(3-20-2024).docx III. Tract I A. Permitted Uses All uses permitted in Tract C(including those uses located within Exhibit A, Section IV of this PUD document), except for TTRVC uses, may be developed with the following Industrial zoning district uses, subject to a maximum gross floor area of 150,000 square feet for industrial and commercial uses within Tract I, which shall also include that area dedicated to outdoor storage yards (see Exhibit A, Section IV of this PUD document for additional uses permitted with restriction): 1. Agricultural services (0711, excluding chemical weed treatment and weed control, 0721, excluding dusting crops, insect control for crops, spraying for crops, 0722-0724, 0761, 0782). 2. Ancillary plants. 3. Business services(7312,7313, 7319, 7334 - 7336, 7352, 7361-7389, including auction rooms (5999), subject to parking and landscaping for retail use). 4. Construction—Special trade contractors (1711 - 1761, and 1781-1799). 5. Engineering, accounting, research, management and related services (8711-8748). 6. Essential services, subject to LDC section 2.01.03. 7. Fabricated metal products (3411-3479, 3482-3489, 3491-3499). 8. Food and kindred products (2011-2099, except slaughtering plants). 9. Heavy construction (1611-1629). 10. Industrial and commercial machinery and computer equipment(3511-3599 excluding sludge tables and sewage blocks). 11. Leather and leather products (3131-3199). 12. Local and suburban transit(4111-4173). 13. Lumber and wood products (2426, 2431-2499). 14. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (3812-3873). 15. Miscellaneous manufacturing industries (3911-3999). 16. Miscellaneous repair services (7622-7694)with no associated retail sales. 17. Miscellaneous services (8999). Page 5 of 15 H:\2021\2021092\WP\PUDZ\BCC\NBC RV PUD PL-20210001953(3-20-2024).docx 18. Motor vehicle dealers, new and used(5511, 5521). 19. Outdoor storage yards,provided that the yard adheres to the following: a) The outdoor storage yard shall be located no closer than twenty-five (25) feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress,pursuant to LDC section 4.02.12. b) This provision shall not be construed to allow, as permitted or accessory use, wrecking yards, junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials,junk automotive vehicles, or secondhand vehicle parts. c) It is the intent of this use to permit the storage of construction materials (non- hazardous), storage containers and construction equipment. The area identified for storage of these items shall be improved to County standards, covered or uncovered. An exhibit shall be provided at time of SDP delineating the dimensions of storage spaces and meeting the limitation of 40 spaces per acre. 20. Printing, publishing and allied industries (2711-2796). 21. Rubber and miscellaneous plastics products (3021, 3052, 3053). 22. Shooting range, indoor only (7999). 23. Soap: granulated, liquid, cake, flake, and chip (2841). 24. Textile mill products(2211-2221, 2241-2259, 2273-2289, 2297, 2298). 25. Transportation equipment (3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 26. Transportation services (4724-4783, except 4789 stockyards). 27. Wholesale trade—Durable goods (5012-5014, 5021-5049, 5063-5169, excluding the wholesale of fur cuttings and scraps, wholesale of nonferrous metals scrap, wholesale of rags,wholesale of scavengering, and wholesale of wiping rags, including washing and reconditioning). 28. Wholesale trade—nondurable goods (5111-5159, 5162, 5181, 5182, 5191, except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district, and 5192-5199 excluding the wholesale of cats, dogs, and tropical fish). B. Accessory Uses Uses and structures that are accessory and incidental to the industrial uses permitted above, including but not limited to: Page 6 of 15 H:\2021\2021092\WP\PUDZ\BCC\NBC RV PUD PL-20210001953(3-20-2024).docx 1. Caretaker's residence, limited to one within the PUD, and subject to LDC section 5.03.05. 2. Uses and structures that are accessory and incidental to the uses permitted above. IV. Restricted and Prohibited Uses A. The following uses are permitted but shall not be located closer than 150 feet from the eastern perimeter boundary of the PUD. 1. Within Tract C: a) Automotive repair services (7532—7539). b) Automotive services (7549). c) Building cleaning and maintenance services (7349 except chimney cleaning services and telephone booth cleaning). d) Car Wash(7542 detail and hand wash only, except a maximum of one machine car wash may be permitted within the PUD). e) Equipment rental and leasing (7359, industrial truck rental and leasing, and tool rental and leasing only). d) Heavy construction equipment rental and leasing (7353) f) Repair shops and services, not elsewhere classified (7699). g) Truck rental and leasing, without drivers (7513). 2. Within Tract I: a) Agricultural services (0783). b) Automotive repair services (7532-7539). c) Automotive services (7549). d) Building cleaning and maintenance services (7349). e) Car Wash (7542 limited to a maximum of one within the PUD). f) Concrete work(1771). g) Disinfecting and pest control (7342). h) Equipment rental and leasing(7359). Page 7 of 15 H:\2021\2021092\WP\PUDZ\BCC\NBC RV PUD PL-20210001953(3-20-2024).docx i) Heavy construction equipment rental and leasing (7353). j) Local trucking without storage;refuse, local collecting and transportation,without disposal (4212). Cutting equipment shall be kept on the western 150 feet of Tract k) Repair shops and services, not elsewhere classified (7699). 1) Stone, clay, glass, and concrete products (3211, 3221, 3229, 3231, 3241, 3251, 3253, 3255-3275, 3281)Note: SIC Codes 3272 and 3281 allow for recycling of concrete construction debris into usable materials for sale and may require crushing. The stockpile of materials in association with SIC Codes 3272 and 3281 shall not exceed an actual height of 30 feet. m) Welding repair (7692). B. The following uses are prohibited within the PUD: 1. Crematories (7261). 2. Drycleaning plants (7216, nonindustrial drycleaning only). 3. Garment pressing, and agents for laundries and drycleaners (7212). 4. Gasoline service stations (5541), with services and repairs as described in section 5.05.05. 5. Chemical and allied products (2812-2899). 6. Petroleum refining and related industries (2911-2999). 7. Textile mill products (2231, 2261-2269, 2295, 2296). 8. Abrasive, Asbestos, and Miscellaneous (3291-3299). 9. Air Curtain Incinerator(ACI). 10. Oil or chemical storage tanks. Page 8 of 15 H:A202I\2021092\WP\PUDZ\BCC\NBC RV PUD PL-20210001953(3-20-2024).docx EXHIBIT B NBC RV MPUD LIST OF DEVELOPMENT STANDARDS The table below sets forth the development standards for the uses within the NBC RV MPUD. 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: DEVELOPMENT STANDARDS TRACT I TRACTS TC & C PRINCIPAL STRUCTURES MIN. LOT AREA N/A N/A MIN. LOT WIDTH N/A N/A MIN. FLOOR AREA' 700 S.F. 400 S.F. MINIMUM YARDS (EXTERNAL—MEASURED FROM THE PUD BOUNDARY) NORTH PROPERTY LINE 25' 25' SOUTH PROPERTY LINE 10' 15' EAST PROPERTY LINE 25' 25' WEST PROPERTY LINE 10' N/A MINIMUM YARDS (INTERNAL-MEASURED FROM INTERNAL LOT LINES) MIN. FRONT YARD 10 FEET 10 FEET MIN. SIDE YARD 15 FEET 15 FEET MIN. REAR YARD 15 FEET 15 FEET MIN. LAKE SETBACK 20 FEET 20 FEET MIN. DISTANCE 15 FEET or %2 Sum of BH, 15 FEET or Sum of BH, BETWEEN whichever is greater whichever is greater STRUCTURES MAX. BUILDING HEIGHT 35'/42' 35'/42' ZONED/ACTUAL ACCESSORY STRUCTURES MIN. FRONT YARD SPS SPS MIN. SIDE YARD 10 FEET 10 FEET MIN. REAR YARD 10 FEET 10 FEET MAX. HEIGHT ZONED SPS SPS & ACTUAL SPS=Same as Principal Structures;NTE=not to exceed; S.F.=square feet;BH=building height. Footnotes: 1. Minimum floor area shall be per building;provided,however,that an individual travel trailer,park model travel trailer,pickup coach,motor home and other recreational vehicle shall not be considered a building. Page 9 of 15 H:\2021\2021092\WP\PUDZ\BCC\NBC RV PUD PL-20210001953(3-20-2024).docx EXHIBIT C NBC RV MPUD MASTER PLAN cc V NINOZ fl a. . I . , ; o 0 I 1 11 •,•°— Ii. - b CO 11 cc1 i (71 i' • < . (9 . 0 - " Lu z n 5 i La l I u. ft a. 2 m ru . I U. te D 0 t • I 03 0 8 K 1 R. 8 -11-.--Li .. n. I I 0 II , I < CY •in< I - cv b— II, .>.6 1 I- i"----\_.8 ,z z z < I- I CL 1 Y CC _.1 0-5 tiit° 41 r------j--------T c ---1 1 I ••w2:"Lt°c: 1- CO 4 I ir " I-to< U.1 a, 0 0 1 - <5 a 0 a)N 0 d 01 W Cr M ---11 > a. .:i ........ <0< '..i .v ...Li, - z_... 0:1 CV CD 0 M 01 0 Y i >-Z co I-0 •: I I-0 0 2 )9- U •. I I 2 CO 00.-,1 -0 W i a''.° ""N cn • ,?.-o or. I ,•;0•„i•• r.)0, F-- M 1 0 g I 1 I I in I 0 (9 -- •?' 0 re <M a 1 < I cy N C,) to C•1 2 ai:14 I ---, W i 0 1.0 c, a) ul .,, .. ....-0-ir -J < 1 • • csj • to cla W211- ;--6 I i 1 ( ,_ rI b 0° 0 Z W -rt < W 1 0,V:i•S Ti 1 - t's,,, I '2 I I. , ,.- 0...9 N-. 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I- CV b :64.it ce c‘J •-, ,.,..!: 'i IN Page 10 of 15 H:\2021\2021092\WP\PUDZ\BCC\NBC RV PUD PL-20210001953(3-20-2024).docx EXHIBIT D NBC RV MPUD LEGAL DESCRIPTION A PARCEL OF LAND LYING WITHIN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 00°32'17" WEST, ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF 340.71 FEET TO THE NORTHEAST CORNER OF TRACT 109, ACCORDING TO THAT CERTAIN WARRANTY DEED DESCRIBED IN OFFICIAL RECORDS BOOK 5724, PAGES 825 AND 826 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THENCE SOUTH 00°32'17" WEST, ALONG THE EAST LINE OF SAID SECTION 18 AND ALONG THE BOUNDARY OF LAST SAID LANDS, A DISTANCE OF 340.71 TO A POINT ON THE BOUNDARY OF THAT CERTAIN CORRECTIVE WARRANTY DEED DESCRIBED IN OFFICIAL RECORDS BOOK 4112, PAGES 3442 THROUGH 3445 (INCLUSIVE) OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING SEVEN (7) COURSES ALONG THE BOUNDARY OF LAST SAID LANDS; COURSE NO. l: CONTINUE SOUTH 00°32'17" WEST, ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF 2,535.00 FEET; COURSE NO. 2: NORTH 89°26'36" WEST, 303.51 FEET; COURSE NO. 3: NORTH 00°33'23" EAST, 60.86 FEET TO A POINT OF CURVATURE; COURSE NO. 4: NORTHERLY, 189.21 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 360.00 FEET, THROUGH A CENTRAL ANGLE OF 30°06'49" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 14°30'01" WEST, 187.04 FEET; COURSE NO. 5: NORTH 29°33'26" WEST, 50.76 FEET TO A POINT ON A NON-TANGENTIAL CURVE; COURSE NO. 6: NORTHERLY, 16.99 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 24°20'O1" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 17°22'36" WEST, 16.86 FEET TO A POINT OF REVERSE CURVATURE; COURSE NO. 6: NORTHWESTERLY, 97.58 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 50.00 FEET,THROUGH A CENTRAL ANGLE OF 111°48'38" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 61°07'17" WEST, 82.82 FEET; COURSE NO. 7: NORTH 00°30'21" EAST, 1,607.95 FEET TO THE SOUTHEAST CORNER OF UNIT C, NAPLES BIG CYPRESS LAND CONDOMINIUM, A COMMERCIAL CONDOMINIUM, RECORDED IN OFFICIAL RECORDS BOOK 3573, PAGES 1182 THROUGH 1222 (INCLUSIVE) THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING TWO (2) COURSES ALONG THE BOUNDARY OF SAID UNIT C; COURSE NO. 1: NORTH 89°29'39" WEST, 200.00 FEET; COURSE NO.2:NORTH 00°30'21"EAST,600.00 FEET TO THE SOUTHWEST CORNER OF AFORESAID TRACT 109; THENCE RUN THE FOLLOWING TWO (2) COURSES ALONG Page 11 of 15 H:\2021\2021092\WP\PUDZ\BCC\NBC RV PUD PL-20210001953(3-20-2024).docx THE BOUNDARY OF SAID TRACT 109; COURSE NO. 1: NORTH 00°30'21" EAST, 341.86 FEET; COURSE NO. 2: SOUTH 88°10'O1" EAST, 657.15 FEET TO THE POINT OF BEGINNING. CONTAINING 1,460,262 SQUARE FEET OR 33.523 ACRES, MORE OR LESS. Page 12 of 15 H:\2021\2021092\WP\PUDZ\BCC\NBC RV PUD PL-20210001953(3-20-2024).docx EXHIBIT E NBC RV MPUD LIST OF DEVIATIONS Deviation 1: Deviation No. 1 seeks relief from LDC section 5.05.10 A.1., which states "The following amount of land or water shall be set aside and developed for recreational purposes within the TTRVC park: (1)200 square feet for each travel trailer and park model lot or campsite for the first 100 lots or spaces", to instead allow 100 square feet for the first 100 lots or spaces for recreational purposes. Deviation 2: Deviation No. 2 seeks relief from LDC section 5.05.10 A.3., which states "The following amount of land or water shall be set aside and developed for recreational purposes within the TTRVC park: (3) one-half(1/2) of the water surface within the park may be credited toward the required recreational area, except that at least 50% of the required recreational area shall be land area"to instead allow at least 10%of the required recreational area as land area. Page 13 of 15 H:\2021\2021092\WP\PUDZ\BCC\NBC RV PUD PL-20210001953(3-20-2024).docx EXHIBIT F NBV RV MPUD LIST OF DEVELOPER COMMITMENTS The purpose of this section is to set forth the development commitments for the development of this project. I. GENERAL A. One entity (hereinafter the Managing Entity) shall be responsible for MPUD monitoring until close-out of the MPUD, and this entity shall also be responsible for satisfying all MPUD commitments until close-out of the MPUD. At the time of this MPUD approval, the Managing Entity is NBC RV LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document 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 the County that includes an acknowledgement of the commitments required by the MPUD 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 MPUD is closed-out,then the Managing Entity is no longer responsible for the monitoring and fulfillment of MPUD commitments. B. Pursuant to Section 125.022(5) F.S., 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. C. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvement and/or upgrades to the wastewater collection/transmission system may be required by the County to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined by the County Manager or designee during PPL or SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to the issuance of certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. D. All other applicable state or federal permits must be obtained before commencement of the development. E. The subject property is not eligible for conversion to residential uses under the provisions of the Live Local Act, Section 125.01055(7), Florida Statutes. Page 14 of 15 H:\2021\2021092\WP\PUDZ\BCC\NBC RV PUD PL-20210001953(4-12-2024).docx II. TRANSPORTATION A. The maximum total daily trip generation for the MPUD shall not exceed 151 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. III.ENVIRONMENTAL A. At time of development review, a Black Bear Management Plan will be required. During construction activities,trash will be removed on a regular basis,no less than daily,to deter bears from frequenting the site. Bear proof trashcans will be utilized for all uses within the MPUD. B. The potential for negative human-panther interactions shall be minimized to the greatest extent possible. At time of development review, a Panther Management Plan will be required. IV.LANDSCAPING A. The perimeter landscape buffer located along the eastern PUD boundary shall consist of a 20 foot Type "C" buffer with a minimum 10 foot high concrete wall, constructed on a minimum 1-foot-high berm or at a berm height required by the South Florida Water Management District (SFWMD) Permit or Permit Modification. The required plantings may be located on the west side of the wall,as the adjacent property owners have indicated that they do not wish to have the required landscaping located on the east side of the wall. V. LIGHTING A. All exterior lights within the development shall be no more than 25 feet in height and shall be shielded. VI.HOURS OF OPERATION A. Hours of operation for loading and crushing of concrete shall be limited to 7 am to 6 pm. This limitation shall not include work hours for administrative staff and office personnel, arrival on site of workers, after hours cleaning and maintenance staff. B. Every year from the date of adoption of the Ordinance, staff will provide a report to the Collier County Board of County Commissioners on the hours of operation for loading and crushing of concrete, the impacts to owners and whether any complaints have been made to the County.Upon a finding of public purpose,the Board reserves the right to modify the hours of operation to 8 am to 6 pm. at such meeting without an advertised hearing. VII. OTHER A. Owner will use dust control for concrete/rock crushing, SIC Code 3272, including water spray systems or comparable state of the art dust control. While the crusher is in operation, the water spray system will be running. The County Manager or designee may approve an alternative technology that provides the same dust control as a water spray system. Page 15 of 15 H:\2021\2021092\WP\PUDZ\BCC\NBC RV PUD PL-20210001953(3-20-2024).docx Ett ...:240: - FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State April 25, 2024 Crystal K. Kinzel, Clerk of Court Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Ms. Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2024-18, which was filed in this office on April 22, 2024. Sincerely, Matthew Hargreaves Administrative Code and Register Director MJH/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270