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Ordinance 2010-18 ~-----;:.------ t'lA-56IIJ0"-" ~ " ~ 7' ,," C'/' / ,,>\ oj- "...:~\ o 'J-, ~ 1 ~\ 0') .1.-.\ N (:',' ~ c. ~ ,\f ORDINANCE NO. 10 _ 18 OC\ q:/ $'~ tt,(o"/ t>Z'ezzz \.1,(\ 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 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 RURAL AGRICULTURE (A) ZONING TO MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) TO BE KNOWN AS MCMULLEN MPUD FOR A MIXED-USE DEVELOPMENT WITH A MAXIMUM OF 185,000 SQUARE FEET OF COMMERCIAL, GENERALLY LOCATED ONE-HALF MILE EAST OF COLLIER BOULEVARD (CR 951) ON RATTLESNAKE- HAMMOCK ROAD EXTENSION, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.32c!c ACRES; AND BY PROVIDING AN EFFECTIVE DATE. .e,. - . ) WHEREAS, Robert J. Mulhere of RW A, Inc. and R. Bruce Anderson, Esquire of Roetzel, & Andress, representing Sembler Retail II, Inc. and the Sembler Family Partnership #42, 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 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from Rural Agriculture (A) Zoning District to Mixed-Use Planned Unit Development (MPUD) Zoning District to be known as the McMullen MPUD in accordance with the McMullen MPUD Document, attached hereto as Exhibit" A" and incorporated by reference herein. The appropriate zoning atlas map or McMullen MPUD \ PUDZ.2007-AR-11320 REVAIl61l0 Page [ 01'2 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 becomc cffective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 'l14-hday Of~, 2010. ATTEST: , . DWIGHT E, BR.OCK, CL~RK '~~t~_{l~;A~\W-(' k '., , Depllty Clerk ltte~).11 ti.i. Ql;".11'Vdt J 1 iIIltllrf! (HI j.i- ,,' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ",It.'>>'. Lv C"~.\~~" FRED W. COYLE, Chairmarl BY: Approved as to form and legal sufficiency: '/1 k.7.L.J~ Steven T. Williams ,,{vl 0 Assistant County Attorney ~.\1.1 Attachments: Exhibit "A" - Permitted and Accessory Uses Exhibit "B" - Development Standards Exhibit "c" - Master Plan Exhibit "D" - Legal Description Exhibit "E" - Developer Commitments 07.CPS.00609/52 McMullen MPUD \ PUDZ-2007-AR.11320 REVA/16/10 Page 2 of1 EXHIBIT A McMULLEN MPUD PERMITTED USES PERMITTED USES in Tract A as depicted on Exhibit C, MPUD Master Plan: 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: A. Principal Uses: ]. Business Consulting Services, Not Elsewhere Classified (Group 8748);* 2. Drug Stores and Proprietary Stores (Group 5912);** 3. General Contractors-Industrial Buildings and Warehouses (Group 154]);* 4. General Contractors-Nonresidential Buildings, Other than Industrial Buildings and Warehouses (Group 1542);* 5. General Contractors-Residential Buildings, Other Than Single-Family (Group ]522);* 6. General Contractors (Group 1521);* 7. General Warehousing and Storage, for use by contractor/builder construction trades located within this MPUD only (Group 4225); 8. Personal Indoor Self-Storage Facilities, limited to a maximum of 92,500 square feet; 9. Hospital and Medical Service Plans (Group 6324);** 10. Legal Services (Group 8111); * ] ]. Engineering Services (Group 871])* 12. Architectural Services (Group 87] 2)* 13. Surveying Services (Group 87]3) * 14. Management Consulting Services (Group 8742); ]5. Management Services (Group 8741); 16. Medical Equipment Rental and Leasing (Group 7352);** 17. Medical and Dental Laboratories (Groups 807] - 8099)** 18. Mortgage Bankers and Loan Correspondents (Group 6] 62); 19. Health Services, open to the public and not associated with a unified senior housing development. (Groups 8051 - 8059);** 20. Care Units, only including Group Housing, Group Housing facilities, Assisted living facilities, independent living facilities, continuing care retirement communities, and nursing homes, all for persons over age 55. Foster care, crisis and attention care, displaced adult care, homeless shelters, offender halfway houses, spouse abuse care, 4-16-20 I 0 Page I of 13 substance abuse care, detoxification centers or facilities, and drug rehabilitation centers or facilities, and youth shelters are prohibited. 21. Offices and Clinics of: Doctors of Medicine, Dentists, Doctors of Osteopathy, Chiropractors, Optometrists, Podiatrists, and Health Practitioners (Groups 801] - 8049);** 22. Physical Fitness Facilities (Group 799], limited to a maximum of20,000 square feet); 23. Child Day Care Services (Group 8351); 24. Special Trade Contractors, Not Elsewhere Classified (Group 1799);* 25. Title Abstract Offices (Group 6541); and 26. Title Insurance (Group 6361). 27. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses and deemed to be consistent with the Future Land Use Element of the Growth Management Plan, as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the LDC. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a) Clubhouses and other recreational facilities accessory to senior living development, including, but not limited to: beauty/barbershops, pharmacies, resident dining (including service of alcohol) and other persona] services limited to use by residents and their guests only.; b) Water management lakes and facilities; c) Parking facilities, including parking garages accessory to permitted uses; d) Caretaker's residence accessory to commercial development; 2. Lumber and Other Building Materials Dealers (Group 5211), limited to 5000 square feet of floor area; '" * * 3. Paint, Glass, and Wallpaper Stores (Group 5231), limited to 5000 square feet of floor area; '" * * 4. Any other related business which is accessory to offices for various contractor/builder contractor construction trade specialist or, to warehouse space for various contractor/builder contractor construction trade occupants, as determined by the Planning Services Director, or designee, limited to 5000 square feet of floor area. *** Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition * Limited to 92,500 building square feet. [The Future Land Use Element of the Growth Management Plan (GMP) allows offices for various contractor/builder construction trade specialists, inclusive of the offices of related professional disciplines and services that typically serve thosc construction businesses or otherwise assist in facilitating elements of a building 4-16-2010 Page 2 of 13 *** and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys, but limits these offices of related professional disciplines to 92,500 total building square feet. Warehouse space for various contractor/builder construction trades occupants does not fall under that limitation.] ** These uses are permitted under the GMP as "support medical uses", and are only permitted within the boundary of a v.. mile offset from the hospital to the south as depicted on Exhibit C, MPUD Master Plan. Detoxification centers or facilities, and drug rehabilitation centers or facilities shall not be allowed in this area. Businesses, including but not limited to, lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores, are permitted but only as accessory uses to offices for various contractor/builder construction trade specialists or accessory to warehouse space for various contractor/builder construction trades occupants. C. Prohibited Land Uses: 1. Drug or alcohol detoxification/treatment facilities, including, but not limited to methadone clinics; 2. Mental health institutions providing on-site patient boarding or housing; 3. Homeless shelters or soup kitchens; 4. Sexually oriented businesses, including, but not limited to, adult lingerie stores, adult book/video stores, sex apparatus and accessory stores; 5. Astrologers and fortune tellers; 6. Bail bonds offices; 7. Off-track betting services; 8. Correctional institutions and offender rehabilitation agencies/facilities; 9. Crisis and crisis intervention offices or housing facilities; ] O. Day labor offices; 11. Limited price variety stores, such as dollar stores; 12. Checking and cash advance establishments; ] 3. Pawn shops and parlors (pool, gambling, and tattoo); ] 4. Probation offices; 15. Public welfare offices; 16. Tobacco stores; 17. Truck stops. 4-16-2010 Page 3 of 13 EXHIBIT B McMULLEN MPUD DEVELOPMENT STANDARDS Table] below set forth the development standards for land uses within this Commercial PUD (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. MAXIMUM INTENSITY: This MPUD may be developed entirely with allowable commercial uses and/or community facility uses. Accordingly, the MPUD intensity shall be as follows: Commercial Intensitv: Commercial intensity shall be limited to a maximum of ] 85,000 square feet of any combination of allowable commercial uses, however in no case shall the trip generation rate exceed 379 PM Peak Hour Trips, as identified in the TIS related to ]22,000 square feet of medical office land use. In no case shall the total allowable commercial intensity exceed] 85,000 square feet, or exceed a trip generation rate in excess of 423 PM Peak Hour Trips for any combination of permitted land uses as may be pursued using the Commercial Intensity Conversion to Care Units, below. Various commercial uses, either individually or in aggregate are further restricted as set forth under MPUD Exhibit "A". Care Unit Intensity: The intensity of any care unit shall have a maximum Floor Area Ratio (FAR) of 0.60. This FAR is applicable to Permitted Uses 19 and 20, Health Services and Care Units, as set forth in A., of Exhibit A. COMMERCIAL INTENSITY CONVERSION TO CARE UNITS: 1000 SF of Warehouse Land Use = I Care Unit Bed 1000 SF of General Office = 7 Care Unit Beds 1000 SF of Medical Office = 15 Care Unit Beds Note: Based on trip generation rates, ITE 8'h Edition Operational Characteristics for Care Units Care Units may be composed of one or more types of care/housing facilities. These care/housing types include, but are not limited to independent living, assisted living, and nursing homes, each of which can have varying operational characteristics. The following characteristics of care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a care unit: . The facility shall be for residents 55 years of age and older; . There shall be on-site dining facilities to the residents, with food service being on-site, or catered; . Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; . There shall be an onsite manager/activities coordinator to assist residents, who shall be responsible for planning and coordinating stimulating activities for the residents; . An on-site wellness facility shall provide exercise and general fitness opportunities for the residents. . Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; 4-16-2010 Page 4 of 13 . Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or property owners' association boundaries shall not be utilized for determining development standards. If this project is developed in multiple platted tracts, at the time of the application for subdivision plat approval for individual tracts, a lot layout depicting minimum yard setbacks and the building footprint shall be submitted. TABLE I COMMERCIAL USE DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES Includinl! Care Unit MINIMUM LOT AREA ]0,000 SQUARE FEET N/A MINIMUM LOT WIDTH 100 FEET N/A MINIMUM YARDS (MEASURED FROM 25 FEET* * * 25 FEET EXTERNAL PUD BOUNDARY) PRESERVE SETBACK 25 FEET 10 FEET MIN, DISTANCE BETWEEN 15 FT. OR Y2 THE SUM OF 10 FEET STRUCTURES BUILDING HEIGHTS * MAXIMUM ZONED HEIGHT (PRINCIPAL 50 FEET 25 FEET STRUCTURES) MAXIMUM ACTUAL HEIGHT 62 FEET 30 FEET MINIMUM FLOOR AREA - COMMERCIAL 700 SQUARE FEET** N/A MINIMUM FLOOR AREA - CARE UNIT 400 SQUARE FEET MIN, GROSS LEASABLE AREA PER UNIT 700 SQUARE FEET** 100 SQUARE FEET** * ** *** Whichever is greater Not applicable to Care Unit General application for setbacks: Front yard setbacks shall comply with the following: i. ]fthe parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. II. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. III. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. 4-16-2010 Page 5 of 13 UU8 P i ~ I~ ~ h ~ P ~ ~ - ~ ~ ~ ~ @ g ~ ~ Q ~ i en trJ ~ IJj ~ ~ ~ ",- ~B; r ""'C . 00....... '""I -:::J;gn '""'" ('D !:jfil~tT1 ""'C rJ) ~Bl >- g "'''' ,.,.., ...... f5~P ~ ('D :jCl;;j ~ 0.. ~~~~ ~ en ~ - ""'C ~ ~ ~N t3 o '~Dd I 0 ,~z~ I ' I ~c-.... I...r-~ I~~~ !jo~>; ;l~~{ ! off Ii EXHIBIT C McMULLEN MPUD MASTER PLAN ::; j~ .11= ,II;; . , "-# 1 , Ii I . ...,.. " ~ I~U ~ ~ ! I-- I - , .. I i~ ," . ! ;: ~ I H ,1 .! . !Illn I! ~! 'i .::~ 11 ~ 3!r;; . ,1I Ii if 1'1 'II - 'II I' i . I.'.~ :() , I" , J;"'; " , / / \ \ \ \ \ \ / , \ / i~,~".~" % -4 II<, /,//1 \_---<,T~j\\\ ~ (I \~ ';'l ~ / \ -- 1''1... . ,'., / 1 I' f:~/ ! '~\ ",,;rIll,. Ib \ r~lr--""- -- ,I A -- \, (___ "-"~__ I, I. ,r \ " , ", I, \ "I : I' ' .. I, i" " I' ~..__=_n~L \" \::\ _ ___, __==---::::--__ ,\ 'I '", en m g o z (y~ pd c::E mlJi :IJI 0- 0" c~ ~~ 0- :IJ:IJ ~~ '" '" m l> '!1 ~ a ~ mC &r s-:r ...... tI1 ~Z ~~ ""d C U I I _J 4-16-20 I 0 Page 6 of 13 , ; " ~ ". ,0 , ,. n " , ~ 'J ~ ,. u, , "'1 "' , . L. 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"'" '1,> (D,WEfYfV.\L W,\HR I'LM""l'nq<,,\h~"I:'" . ~" .\f..\,\'i\(~L'.'\JI-:i'.rr PI.AN ,."'_'..__....'~'_h_"'" .........,...-..- .. .. ~. --.......- _"..'........v....... '. " '. , '1" .... , '. --------- i::, , !~ II " ~ , ,l, It - , 1t~ ! ~ ','. i" -, ; ~ i i , . , ~ ~; F ~ "' " \'" :,;1 ,,,,,,-. '.'. - -~"'~- , ", .~ ....... '.', '.; "-\".-_-~..~ ',', , II? ,,~~ ."j 'J' I ,.~~- 4-16-2010 Page 8 of 13 ~',) 'c co > z >,-, :;;.. > '" z "'x... ~G~ ..~~2 ~o,.:( ~S~~ zl:!~- ;;::':~'~ :t~~~ ~;;tL '-'-0 .,,~-:' I" iii!lt -"~ 10 '" l 8 h IS ,z '-' ''0 , "' ~. ~~ c,~ s:i ~~ e~ ;;':'1 :;;~ - ~-;~ , ~~ ~7.~ ;;i2> ",q~ ~~~ :;~ c. -, ~." R'" >2 -itT'T 5Ci Z > 2l ,,~a ~~~ ,.; '~ ;;l ~~~ '> !:;:! -5 // ! i o < < ~ , > , o , > 2~ "0 ~~ ,,~ ~R ,~ > ., :::~ ~~ > ~ < < , ;e 5 , > ,-,~ >'" z~ >'" ~;:; :Il> ,.Z "'0 z;:tl (.Y I c ..., F ::j m C/l "r1 b~ t"""(') g~ C/l~ Ro_ o- "r1(D ;;J~ ~~ z~ ~S n tT1 tT1 >< ::r: 53 ::j -' -' ~." .. ...... RWlG\' J'J...,-.., " SE,\l8LLR FA.\IIL l-' I " PAR F.\'1:.H"'illlP. LID .HeA/GLLL\ MPLD " 1'lJc""r<",S"~"'\,,,,&\hrr':" ," " LTlurlCS 1-'. ,elLl rtl.:.", I ..&. ... 0 OJ- ..&. !'.~~n"". l'n'I<<.1 \I.r.",*", ". .." A 01 FS/"IL IN/UlI-ACt" LXIII/lit ......~~_ ,_....""_<.._v.~ ....-......,.,..."" '," ~..,-""-,- -'-"- ..,..~" ,.. ...,..~'. , ..~ '0 ~~ ~~ , " " ,. ~ .... :\~ 2j >0 'x !~ - > ;~ :;! ~R .~... "'-I !:o ,..z ?g , I' =.." --- ----------- ~",' ;;p.:~ ,.f;j~ :d~ ,,~~ ~'~~ ~)l"" ~.::;; ;~; Z-; ~ 3 ,-,- t.. "'':;; mZ "'0 ;1':m "''' ,.'" "'0 ZZ 4-16-20]0 Page 9 of I3 EXHIBIT D McMULLEN MPUD LEGAL DESCRIPTION THE S 1/2 OF THE SE 1/4 OF THE SW ]/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 80 FEET. The total acreage is approximately ]9.32 acres. 4-16-20 I 0 Page 10 of \3 EXHIBIT E McMULLEN MPUD DEVELOPER COMMITMENTS A, TRANSPORTATION ]. Within 180-days of the request of Collier County, the developer shall be responsible for 100% of the cost for the design and installation, or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter to serve this site. The developer shall make payment in lieu at the time of Development Order application; or alternatively shall design and construct the CA T bus shelter in a location approved by the Collier County Alternative Transportation Modes (A TM) Department prior to certificate of occupancy (CO). 2. Within 90-days of the County's written request, the developer shall convey right-of-way along the project's south property line for the future extension of Rattlesnake Hammock Road. The required right-of-way shall be determined by Collier County, but shall not exceed 60 feet in width, and shall be conveyed in fee simple ownership to Collier County. Prior to the issuance of the first CO, the developer agrees to construct the two north lanes of the ultimate four total lanes of Rattlesnake Hammock Extension, and agrees to accommodate storm water management for these two lanes. The fee simple conveyance of the right-of-way, construction of the two lancs, and accommodation of water management shall be at no cost to Collier County. 3. The site shall be designed to provide for future vehicular, pedestrian and bicycle interconnection to adjacent properties to the east as generally depicted on the McMullen MPUD Master Plan and will also be designed to provide for internal connectivity for vehicles, pedestrians and bicycles. 4-16-20 I 0 Page II of 13 --r I I --A I i i i i i: , I Ii I' , I 1 r ,~ 1 f C(...tlt ..(~. ~ - "-'-"';' r - I ~ ,-.i,. :J \~I ',~ ',~Cl . I 4.,-'..- "=4 I I ~_UI I' i: I '.\ . ~-~{7- 1 't - ..~-- '- '.[ . '1[.,. ,'~,,'..i R I .'~"'_AV ;' , l i Figure] TRANSPORT A nON (Continued) 4. The driveways are conceptual and shall meet access management requirements of Res. 0]-247, as amended. 5. The total combination of allowable land uses on this site shall not be allowed to exceed the maximum trip generation proposed in Scenario "1" in the TIS (423 p.m. peak hour trips). The County may limit square footage or the number of units or any building during any subsequent development order based on the trip generation limit. Any future tenant change that increases trip generation (i.e. General Office to Medical Office) will require Transportation review and may not be allowed if the total proposed trips exceed the maximum impact listed in this stipulation. B. ENVIRONMENTAL I. There shall be a minimum of 0.84 acres of Collier County native preserve associated with this MPUD. There shall be a minimum of 0.81 acres of created native preserve within the require 0.84 acre Collier County native preserve area. 2. The following listed species management plans shall be submitted with the next site development plan/plat development order request: Big Cypress fox squirrel, Eastern indigo snake, Florida black bear, Florida panther. C. PLANNING ]. The developer its successors or assignee shall provide to any potential resident a disclosure statement with respect to the noise that is associated with the Swamp Buggy Races located at 8250 Collier Boulevard, Naples, FL as it relates to the location of this MPUD, This statement shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate noise which can be heard on the PUD property, both during the day and into the evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals, and music concerts. The statement must be presented to the potential buyer prior to entering into any sales contract. 4-16-2010 Page 12 of 13 2. Within 120 days of approval of this PUD, Owner shall record in the public records of Collier County a notice of proximity to the Florida Sports Park and Swamp Buggy grounds. This notice shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate noise which can be heard on the PUD property, both during the day and into the evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals, and music concerts. The legal description of the PUD shall be attached to the notice. 3. The eastern boundary of the MPUD shall be landscaped in accordance with the requirements for a Type C buffer. 4. All senior housing buildings shall be constructed in a manner to provide an exterior ambient sound level reduction of SLR 35 decibels, consistent with the provisions of LDC Subsection 4.02.06.N.6.g. 4-16-2010 Page I3 of I3 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010-18 Which was adopted by the Board of County Commissioners on the 27th day of April, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of April, 2010. :-" ':i';; ;'l~ . DWIGHT E. BROCK ,. " Clerk of court1;l;'a~~;,Clerk'.': Ex-officio to 130Ell;XJ. of ""'r I County Commiss.ion.e,r's lV"" ,...,~,' ~' .,,' .,', ( , \...~~~--C'-\~~~A icx.. -By: Teresa Polaski, Deputy Clerk ~