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Ordinance 2011-08 ~ ,~)~t\ .7(" ... ORDINANCE NO. 2011- 08 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 A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A MIXED USE PLANNED UNIT ;;!'-' ~ DEVELOPMENT (MPUD) ZONING DISTRICT TO ALLOW FOR ;::4' ~ DEVELOPMENT OF UP TO 135,000 SQUARE FEET OF >.:-' :b. COMMERCIAL DEVELOPMENT AND/OR A RETIREMENTS:' ;; COMMUNITY/GROUP HOUSING AT A FAR OF .60 AND/OR A;;:;' HOTEL/MOTEL AT AN INTENSITY OF 26 UNITS PER ACRE FORq:, A 23.33+/- ACRE PARCEL TO BE KNOWN AS THE ADDIE's:,.,~' CORNER MPUD, LOCATED IN THE NORTHWEST QUADRANT OIr; . THE INTERSECTION OF IMMOKALEE ROAD (CR 846) AN!i:;i' ',? COLLIER BOULEVARD (CR 951), IN SECTION 22, TOWNSHIP 4jf:,:-;t 0 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Happy #4 Family Corporation. represented by Robert L. Duane, AICP of Hole Montes and Richard D. Yovanovich, Esquire, of Coleman, Yovanovich & Koester, P.A., 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 22, Township 48 South, Range 26 East. Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District to allow for development of up to 135.000 square feet of commercial development and/or a retirement community/group housing at a FAR of .60 and/or a hotel/motel at an intensity of26 units per acre for a 23.33+/- acre parcel to be known as Addie's Corner MPUD. in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps. Addies Comer PUDZ-2009-AR-14425 Revised 1/24/11 Page I of2 co " - j- m CJ ;r", -.,.,. -.... 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 flIing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this ~ day of~, 20 II. _--<u"J2C '$ .., 1\~rl~r.,.... ..,~ ' );)':WI.QHT:5"13~9K, CLERK ~_fc - ~\t..t.. :~.~:~' eN l.uiY Clerk '~"l~ Approved as to form and legal sufficiency: ~ I.A c1.( A- {)fo ~AShtOn-crcko Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: '-Ju~ w ~ FRED W. COYLE, Chairm - Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Permitted Uses Development Standards Master Plan Legal Description Requested Deviations from LDC Developer Commitments 09-('PS-0095 1166 This ordinance filed with the Si1,'1ary of St;jt~'spff~e_ tbp !'Bay of ~, ..!:!MJ.. and acknowledgement 01 thot filing reC?;;.ved this ~ of ~~~. . Addies Comer PUDZ-2009-AR-14425 Revised 1/24/11 Page 2 of2 EXHIBIT "A" LIST OF PERMITTED USES ADDlES CORNER MPUD 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: I. Tract A - Permitted Commercial PrinciDal Uses: A. Commercial Professional Retail & General Office Permitted Use (Sic In Parenthesis) I. Accident & Health Insurance Services 2. Accounting, Auditing and Bookkeeping Services 3. Adjustment services 4. Advertising (consultants) agencies 5. Advertising, not elsewhere classified 6. Agricultural uses 7. Architectural services 8. Auto & Home Supply Stores 9. Bakeries, Retail 10. Banks, commercial: national 1 I. Banks, commercial: not chartered 12. Banks, commercial: state 13. Banks, savings: Federal 14. Banks, savings: not federally chartered 15. Barber Shops 16. Beauty Shops 17. Book Stores 18. Business Associations 19. Business Consulting Services, not elsewhere classified 20. Camera & Photographic Supply Stores 21. Candy, Nut & Confectionery Stores 22. Carpet and Upholstery Cleaning 23. Civic, Social and Fraternal Associations 24. Clothing & Accessory Stores, Men's & Boy's 25. Clothing Stores, Women's 26. Collection Services 27. Commodity Contracts Brokers & Dealers 28. Commercial Art & Graphic Design 29. Commercial Photography 30. Commercial Economic, Sociological & Educational Research 31. Computer & Computer Software Stores 32. Computer Facilities Management Services 33. Computer Maintenance and Repair 34. Computer Processing & Data Preparation Services 35. Computer Programming services Addies Comer MPUD PUDZ-2(x}9-AR-14425 Last revised: 03-02-11 (6321) (8721) (7322) (7311) (7319) eN/A) (8712) (5531) (5461) (6021) (6029) (6022) (6035) (6036) (7241) (7231) (5942) (8611) (8748) (5946) (5441) (7217) (8641 ) (561 I) (5621) (7322) (6221) (7336) (7335) (8732) (5734) (7376) (7378) (7374) (7371) Page] of 12 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 36. 37. 38. 39. 40. 4!. 42. 43. 44. 45. 46. 47. 48. 49. 50. 5!. 52. Computer Rental & Leasing Credit Reporting Services Credit Unions, Federal Credit Unions, State: not federally chartered Dairy Products Stores Data Processing Consultants Dance Studios, Schools & Halls Data Processing Services Dental Laboratories Dentist Office/Clinic Direct mail advertising service Direct Sell ing Establ ishments Doctors - Medicine Offices & Clinics Doctors - Osteopathy Offices & Clinics Doctors - Chiropractors Offices & Clinics Drapery, Curtain & Upholstery Stores Drinking Places (Alcoholic Beverages); Bottle Clubs and Cabarets are not permitted Drug Stores Eating Places Engineering services: industrial, civil, electrical, mechanical, marine and design Executive Offices Executive & Legislative Offices Combined Fire, Marine & Casualty Insurance Services Floor Covering Stores Florists Food Stores, Miscellaneous Foreign Branches & Agencies of Banks Foreign Trade & International Banking Institutions Furniture Stores Funeral home or parlor Gasoline Service Stations General Government, not elsewhere classified Gift, Novelty & Souvenir Shops Grocery Stores Hair weaving or Replacement Services Hardware Store Health practitioners - not elsewhere classified Hobby, Toy & Games Shops Home health care services Hotels & Motels Household Appliance Stores Hospital & Medical Healthy Services Information Retrieval Services Insurance Carriers, not elsewhere classified Investment Advice Jewelry Stores Land Subdividers & Developers Landscape architects, consulting & planning Laundries (Coin Operated) & Dry-cleaning 53. 54. 55. Addies Comer MPUD PUDZ.2009-AR.14425 Last revised: 03-02-1 I (7377) (1323) (6061) (6062) (5451) (7379) (791 I) (7374) (8072) (8021) (7331) (5963) (801 I) (8031) (8041) (5714) (5813) (5912) (5812) (8711 ) (91 I I) (9131) (6331) (5713) (5992) (5499) (6081) (6082) (5712) (7261) (5541) (9199) (5947) (541 I) (7299) (5251) (8049) (5945) (8082) (7011) (5722) (6324) (7375) (6399) (6282) (5944) (6552) (0781) (7215) Page 2 of 12 103. 104. 105. 106. 107. 108. 109. 110. III. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. Legal services Libraries (except regional libraries) Life Insurance Services Liquor Stores Loan brokers Luggage & Leather Goods Stores Management Services Management Consulting Services Markets, Meat & Fish (Seafood) Markets Markets, Fruit & Vegetable Markets Medical Equipment Rental & Leasing Medical Laboratories Membership Organizations, not elsewhere classified Miscellaneous amusement and recreational services not elsewhere classified. Only judo instruction, karate instruction, moped rental, motorcycle rental, rental of bicycles, scuba and skin diving instruction are permitted Miscellaneous Business Credit Institutions Miscellaneous General Merchandise Stores Miscellaneous Home Furnishings Stores Miscellaneous personal services, not elsewhere classified excluding massage parlors, steam baths, tattoo parlors and Turkish baths. Miscellaneous Retail Stores, not elsewhere classified Mortgage Bankers & Loan Correspondents Musical Instrument Stores News Dealers & Newsstands Nondeposit Trust Facilities Optical Goods Stores Optometrists - offices & clinics Paint, Glass & Wallpaper Stores Pension, Health and Welfare Funds Services Personal Credit Institutions Photocopying & Duplicating Services Photographic Studios, Portrait Photofinishing Laboratories Physical Fitness Facilities (permitted only when physically integrated and operated in conjunction with another permitted use in this district - no stand alone facility permitted) Podiatrists - offices & clinics Political Organizations Professional Membership Organizations Professional Sports Clubs & Promoters Public Relations Services Radio, Television & Consumer Electronics Stores Radio, Television & Publishers Advertising Representatives Real Estate Agents and Managers Record & Prerecorded Tape Stores; adult video rental or sales prohibited Religious Organizations Repair Shops & Related Services, not elsewhere classified Retail Nurseries, Lawn & Garden Supply Stores 99. 100. 101. 102. Addies Comer MPUD PUDZ-2009-AR-14425 Last revised: 03-02.] 1 Page 3 of 12 (81 I I) (8231 ) (631 I) (5921) (6163) (5948) (8741) (8742) (5421) (5431) (7352) (8071) (8699) (7999) (6159) (5399) (5719) (7299) (5999) (6162) (5736) (5994 ) (6091) (5995) (8042) (523 I) (6371) (6141) (7334) (7221) (7384) (7991) (8043) (8651) (8621) (7941) (8743) (5731) (7313) (6531) (5735) (8661) (7699) (5261) 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151. 152. 153. 154. 155. 129. 130. 131. 132. 133. Secretarial and Court Reporting Services Security Brokers, Dealers & Flotation Companies Security and Commodity Exchanges Sewing, Needlework & Piece Goods Stores Services Allied with the Exchange of Securities or Commodities, not elsewhere classified Shoe Repair Shops and Shoeshine Parlors Short-Term Business Credit Institutions, except agricultural Social Services, Individual & Family (activity centers, elderly or handicapped only; day care centers for adult & handicapped only) Sporting Goods Stores & Bicycle Shops Stationery Stores Stores, Children's and Infants Wear Stores, Family Clothing Stores, Miscellaneous Apparel & Accessory Stores, Shoes Stores, Women's Accessory & Specialty Surety Insurance Services Surveying Services Tanning Salons Tax Return Preparation Services Title Abstract Offices Title Insurance Services Tobacco Stores & Stands Travel Agencies (no other transportation services) Used Merchandise Stores Veterinary services for animal specialties Video Tape Rental, adult video rental or sales prohibited Watch, Clock & Jewelry Repair II. Tract A - Permitted Grouo HousimvRetirement Communitv/Princioal Uses: (7338) (6211) (6231) (5949) (6289) (7251) (6153) (8322) (5941) (5943) (5641) (5651) (5699) (5661) (5632) (635 I) (8713) (7299) (7291) (6541) (6361) (5993) (4724) (5932) (0742) (7841) (7631) A. Group Housing, 8051 Skilled Nursing, Intermediate Care Facilities 8052, Nursing and Personal Care not else classified 8059. B. Independent Living Units C. Assisted Living Units D. Retirement Community III. Tract A - Permitted Accessorv Uses: Accessory uses customarily associated with the permitted principal uses, including, but not limited to; A. Uses and structures that are accessory and incidental to the permitted uses within this MPUD document. Addies Comer MPUD PUDZ-2009-AR- [4425 Last revised: 03-02-11 Page 4 ofl2 B. Water management facilities to serve the project such as lakes. C. Any other accessory and related use that is determined to be comparable in nature with the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the LDC. IV. Tract B - Permitted Preserve Area Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for the preserve area depicted on the MPUD Master Plan, that is required to be a minimum of 8.85 acres, other than those uses allowed by Section 3.05.07 H.I.h. of the LDC, or any successor provision. V. Grouo Housing/Retirement Communitv Commitments: The developer of the group housing/retirement community, its successors or assigns, shall provide the following services and be subject to the following operational standards for the units in the retirement community, including but not limited to, independent living units, assisted living units or skilled nursing units: I. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed so that a resident can age in place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. Addies Comer MPUD PUOZ-2009-AR-14425 Last revised: 03..02-]] Page 5 ofl2 EXHIBIT B DEVELOPMENT STANDARDS ADDlES CORNER MPUD The table below sets forth the development standards for land uses within the Addies Corner 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 SOP or subdivision plat. I. DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT 45 ft. 55 ft. 1,000 sq. ft." 135.000 sq. ft. ,.. Maximum 0.60 F.A.R. up to 26 units er acre ..., .... & ..... Maximum 26 units per acre ..... .... & ..... (F.A.R. Not A licable) No structure may be located closer than 20 feet to the top of bank of a lake (allowing for the required minimum 20 foot wide lake maintenance easement). - As Shown Preserves MIN. DISTANCE BETWEEN BUILDINGS MAXIMUM HEIGHT Retail Buildin s Office Buildin MINIMUM FLOOR AREA MAXIMUM GROSS COMiVlERCIAL AREA GROUP CARE FACILITIES HOTEL & MOTEL , .. 10,000 sq. ft. 100 ft. 25 ft. 25 ft. 25 ft. 521 ft. Minimum SPS 15 ft. 15 ft. 521 ft. Minimum 15 ft. 10 ft. 10 ft. 25 ft. 25 ft. 1/2 the sum of building heights" 10 ft. 10 ft. 10 ft. 20 ft.' 10 ft. 10 ft. AClVAL 5 ft. 5 ft. 35 ft. 35 ft. /A IA Per principal structure. kiosk vendor. concessions. and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. .., Total allowable commercial square footage is 135,000 of commercial development. For each acre of Group HousingIRetiremenr Community or Hotel/Motel or fraction thereof developed. 10,914 S.F. of commercial development will be reduced on Tract "A". .... The maximum height and setbacks shall be the same as those for office huildings. ..... The preserve area shall not be used in calculating the F.A.R. for C.C.R.C. use or the density for Hotel/Motel. Addies Comer MPUD PUDZ-2009-AR- ]4425 Last revised: 03-Q2-11 Page 6 of 12 II. DEVELOPMENT WITH ADJACENT PROPERTY TO THE EAST In the event amendments are made to the Tree Farm MPUD to the east of this MPUD to allow for a unified development plan of both properties, a zero setback shall be allowed along the common property line of this MPUD. III. AL TERNA TIVE LANDSCAPING EAST PROPERTY LINE A minimum 6-foot height hedge, minimum 3-foot in spread, planted a maximum 4-feet on center, 100% opaque at planting shall be installed along the east property line, in lieu of a wall, along with other requirements of a Type B Landscape buffer. IV. A stipulation has been added that outside amplified music is prohibited. Addies Comer MPUD PUDZ-2009-AR-I4425 Last revised: 03-02-11 Page 7 of 12 p i ; ~~ ~ " III ~ i' ~ I !~ ~ ~ ~ lh ~n.~ '"I,' I !I! 1~!!li III .... LJ LJ , ,----:: i' .~! ~ ,;.; i I ::) i "', :J>~ '11\"'. I :1 I h u : \ \: I I: (1 ~~: (\. I I' I ." " i - :JJl~~~9.M.:J) _(]YOM -~~'K?.w~ " CC+-=J-_CI . ~'".:t.,.~~;:..:.~_.:=---"..._:~::..: ~;:-~0""o---"-::-~;:::::::::~_::::;:: _ f {.. ..,... ...'....'..<.. .:..:.:.:=--=-=-.:....:..:..-.:.--:::-:.--::.:.-:-----------------------...:::: ~; lVNV:> BO:~Xl.?_~_____t--=-----=----- ------------------- - ------t= - ,.. --. :IoWlo~::':- --- _ T _:_ - ;uT\.if R1U>CA AN.... _ __ - - ~T~ C - ~_,.::.::-~___-.-- ...... , " - I N ~ . ! it .' , , . ~~ . t il ~~ . .~ ~Ii ~ aa'W . > W~ ~..~. " t'~~ t i~~ !; d Dl'tl"d't~lllOO8l1'O (Y) lVWU"YOl1Dv ~" <~ : ~t I ~~ -~ , ~" j 0 , h l:c '! j' , , , --------- --------- ------- --=----"'""" ;.\-- ._:...,,-~;._=- --'-'---" ! I ~e Ir r z < ... 0- " ex ~. .. . II ~ ~ ~ ~ ~ ". ~ ~~ ~ lfj Vl . ~I ~ ~ ~ ~ ~ 5n ~~: ; 8 Q r ~ ~a ~ ~ ~: ,,~ Vl it ~ -.! ::;l 1_ u ..~ i!~'" ~ ~e ! ~j "" ~i W ..c: -= q~lg J;!i B I ~ !;.; ~ ~Ii~ Ii;: < ~ ~ Ii!: ~ I~:t ~~ !~. ~ ~ II~~ ~ .~i~i ~~ ~: f ~ ir ~ I~~M ;;;; ~~ ~ wu ~~m mn .!~ll( : l ~!' h~~~~ III : linll n:!~~ ~i ',11'1 :'f' Nf' ~ Ii> ;'1 I --- ,~:' ',ll l! jl i! II IIII 211 "--.-,,,,,,., ,_....-,,-....,-.....-~.....~- EXHIBIT D LEGAL DESCRIPTION ADDlES CORNER MPUD The North one-half (1/2) of the West one-half (112) of the Southeast one-quarter (1/4) of the Southeast one-quarter (1/4) of Section 22, Township 48 South. Range 26 East; and The South one-half (112) of the West one-half (1/2) of the Southeast one-quarter (114) of the Southeast one-quarter (1/4) of Section 22, Township 48 South, Range 26 East; excepting the south 100 feet thereof; and The East one-half(I/2) of the East one-half(I/2) of the East one-half (112) of the Southwest one- quarter (1/4) of the Southeast one-quarter (1/4) of Section 22, Township 48 South, Range 26 East, excepting the south 100' thereof. Addies Comer MPUD PUDZ-2009-AR. J 4425 Last revised: 03..(l2-11 Page 9 of 12 EXHIBIT "E" LIST OF REQUESTED DEVIATIONS FROM THE LDC ADDlES CORNER MPUD I. Deviation #1 seeks relief from LDC Section 5.03.02.H.l.a., commercial and industrial districts, which require if located on a contiguous residentially zoned property, the wall and/or fence shall be a minimum of six (6) feet and a maximum of eight (8) feet in height and shall be located a minimum of six (6) feet from the residentially zoned district, to not require a wall within a Type B buffer along the east property line of this MPUD adjacent to the Tree Farm MPUD to the east. (See Exhibit C, MPUD Master Plan.) As mitigation for the wall, a 6-foot height hedge shall be required in addition to the requirements of a Type B Landscape buffer. (A Iso, see Exhibit B - Development Standards pertaining to Landscaping). 2. Deviation #2 seeks relief from LDC Section 5.05.04 0.1 to allow the floor area ratio (F.A.R.) to be increased from 0.45 to 0.60 for a Group Housing/Retirement Community. Addies Comer MPUD PUDZ.2009.AR.14425 Last revised: 03-02-11 Page JO of 12 EXHIBIT F DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT ADDlES CORNER MPUD I. TRANSPORT A nON REQUIREMENTS (Amended by Transportation Staff on 2/4/1 0) changes accepted on 3/26/1 0 and then CAO edits put in) I. The Owner will dedicate in fee right-of-way for the purpose of relocating the Cocohatchee Canal as depicted on Tract A on the MPUD Master Plan, that includes compensatory right-of-way for the turn lane into the project. This area comprises 10 1.62 acres and was based on the most current information available at the time of approval of this ordinance. The property owner will dedicate to Collier County this right-of-way within 90 days of written request of the County at no cost to the County. The County will be responsible to relocate the canal, except only those portions immediately adjacent to (approximately 100' each side of) the proposed bridge. Collier County Transportation will provide design direction to the developer as to the ultimate alignment of the relocated canal prior to the time of SOP approval. 2. The Owner, his successor or assigns shall provide a roadway connection available to adjacent properties to facilitate interconnection to the properties to the east (the Tree Farm MPUD) and West (Mirasol PUD), at the time of submittal of the first development order application. 3. When Owner constructs the bridge providing connection to Immokalee Road it shall be constructed in a location consistent with the future location of the Cocohatchee Canal to accommodate the ultimate canal configuration. This will include relocation of the canal immediately adjacent to (approximately 100' each side of) the proposed bridge. 4. The Owner, his successor, or assigns agrees to construct at no cost to the County a 12' multi-use pathway along the North side of the future location of the Cocohatchee Canal, within property owned by Collier County, which shall connect to the pathway to the West. A 10' pathway may be substituted at this location if consistent with the County's Comprehensive Pathway Plan. This pathway shall be constructed prior to issuance of the first Certificate of Occupancy. 5. The development within this project shall be limited to 1,044 unadjusted two- way PM peak hour trips (or 708 adjusted two-way, PM peak hour trips; correspondent to the highest trip generation scenario of those proposed in the updated traffic study information dated November 6, 2009); allowing for flexibility in the proposed uses without creating unforeseen impacts on the Addies Comer MPUD PUDZ-1OO9.AR-] 4425 Last revised: 03-02-11 Page II ofl2 adjacent roadway network. The terms '"adjusted" and '"unadjusted" shall reference allowances for pass-by and internal capture trip reductions. For purposes of calculation of the weekday PM peak hour trip generation of this PUD, the lesser of the weekday PM peak hour trips as calculated in the Institute of Traffic Engineer's (ITE) Report, titled Trip Generation, 8th Edition or the trip generation as calculated in the then current ITE Trip Generation Report shall be utilized. 6. The Owner, his successor, or assigns agrees to be responsible for 2% of the construction costs (not to exceed $50,000) to be considered the PUD's proportionate share of the improvements to the intersection of C.R. 951 and Immokalee Road. Payment shall be due within 90 days of receipt of the County's written request. The term '"improvements", in this paragraph, means the relocation of the canal, the at-grade improvement of turning movements and turn lanes, all other ancillary at-grade improvements (curbs, bike lanes, etc), construction of a relocated bridge over the Cocohatchee Canal, and signalization for all movements. The term does not refer to potential future, grade-separated intersection improvements. II. ENVIRONMENTAL I. Based on total site acreage of 23.34 acres and 22.65 acres of native habitat area, 3.4 acres (15% of habitat area) is required to be preserved pursuant to the Collier County Land Development Code. The MPUD Master Plan shall provide 8.85 acres of preserve area. 2. As a part of the Environmental Resource Permitting process of the South Florida Water Management District (SFWMD) and the United States Army Corps of Engineers (USACOE), recommendations from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the United States Fish and Wildlife Service (USFWS) regarding impacts to protected wildlife species will be incorporated into the permits issued for this project. The developer shall comply with the guidelines set forth within those permits. Habitat management plans shall be provided for the Florida panther, Florida black bear, Big Cypress fox squirrel, wood stork, and any other protected species which inhabit or utilize the areas within the project. Addies Comer MPUD PUDZ.2009-AR-14425 Last revised: 03-02-11 Page 1201'12 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 2011-08 Which was adopted by the Board of County Commissioners on the 12th day of April, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of April, 2011. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~/) L. 1 " ,U~ t,4}:" "'.. ~,\H~U;'~-,-.. '. y: Tere~a pol'askJ,;, .... '., -::- _-', A" Deputy Cle~X,.. "~ :.-:1 . ~ , .. 7 '. '.... . '..'~' ..-.;.,;.~ ~ f,,': lieJ. Iz.~>.;"'"