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Ordinance 2011-30ORDINANCE NO. 11- 30 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO, , 2004-41, AS AMENDED, THE COLLIER COUNTY LAND- DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY FOR THE PROJECT TO BE KNOWN AS THE ESTATES SHOPPING CENTER CPUD TO ALLOW UP TO 150,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT ON PROPERTY LOCATED IN THE NORTHWEST CORNER OF THE GOLDEN GATE BOULEVARD AND WILSON BOULEVARD INTERSECTION IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 41+/- ACRES; AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ-PL2009-1017) ~~~ ,? .."" ) ....,,-'"'\ WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. and D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., representing Kenneth R. Johnson, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described property; and WHEREAS, the subject property is located in a Wellfield Risk Management Special Treatment Overlay, zones W-I, W-2 and W-3, which are not changed by this PUD Ordinance. 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 4, Township 49 South, Range 27 East, Collier County, Florida is changed from an Estates (E) zoning district with a Well field Risk Management Special Treatment Overlay to a Commercial Planned Unit Development (CPUD) with a Wellfield Risk Management Special Treatment Estates Shopping Center \ PUDZ-PL2009-1 0 17 Rev. 9/15/11 - FINAL 1 of 2 Overlay for a 41 +/ - parcel to be known as the Estates Shopping Center CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 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 after the comprehensive plan amendment in Ordinance No. 2011-29, which created the Estates Shopping Center Subdistrict, becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this \ 4- day of ~ 2011. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: F~O~~,?:t- Approved as to form ~d I gal sufficiency: eidi s ton-Cicko Assistant County Attorney Section Chief, Land Use/Transportation Attachments: Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - Developer Commitments Exhibit E.C.1 a-I st Street NW Landscape Buffer Exhibit E.C.l b - 3rd Street NW Landscape Buffer Exhibit E. C.l c - Wilson Boulevard Landscape Buffer Exhibit E.C.I d - Golden Gate Boulevard Landscape Buffer Exhibit E.C.I e - Tract 106 Enhanced Landscape Buffer Exhibit E.C.l f - Supplemental Planting Exhibit F - List of Requested Deviations This ordinance filed with the f ". . I 01~f'l-o th,~ <:<>cre~l"lry 0 .....ore $ . '-~".. "''' ct' ~~wY?-oh ~ dClY of ! --;-:-~ cH~d cri<"'v"\";1t./!cdae:nent or tnct , , - -, ", :',. ~W\ -! . f.' :-0 ~"'-ol'"od, r'~ '5 (..iOy Htli.; 1....<...."-" v\...< l.. of (iil~e..v- 2.0 II . B' PV'-~--UJ-;)\. +, . y. 0<1-" "'J de k ""po.l<" ,. I U CP\I O-CPS-O 1 006\58 Estates Shopping Center \ PUDZ-PL2009-1 0 17 Rev.9/15/II-FINAL 2of2 EXHIBIT A FOR ESTATES SHOPPING CENTER CPUD A. COMMERCIAL I. PERMITTED USES: 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: I. Amusement and recreation Groups 7911 - Dance studios, schools and halls, excluding discotheques 7991 - Physical fitness facilities 7999 - Amusement and recreation services, not elsewhere classified, allowing only day camps, gymnastics instruction, judolkarate instruction, sporting goods rental and yoga instruction (excludes NEC Recreational Shooting Ranges, Waterslides, etc.) 2. Apparel and accessory stores (no adult oriented sales) Groups 5611 - Men's and boys' clothing and accessory stores 5621 - Women's clothing stores 5632 - Women's accessory and specialty stores 5641 - Children's and infants' wear stores 5651 - Family clothing stores 5661 - Shoe stores 5699 - Miscellaneous apparel and accessory stores 3. Automotive dealers and gasoline service stations Groups 5531 - Auto and home supply stores 4. Automotive repair, services and parking (no outdoor repair/service. All repairs/services to be performed by authorized automotive technician.) Groups 7514 - Passenger car rental 5. Building materials, hardware, garden supply, and mobile home dealers Groups 5231 - Paint, glass, and wallpaper stores 5251 - Hardware stores 5261 - Retail nurseries, lawn and garden supply stores 6. Business services Groups 7334 - Photocopying and duplicating services 7335 - Commercial photography 7336 - Commercial art and graphic design 7338 - Secretarial and court reporting services 7342 - Disinfecting and pest control services 7359 - Equipment rental and leasing, not elsewhere classified (excluding the following uses): Airplane rental and leasing Coin operated machine rental and leasing Industrial truck rental and leasing Page I of 20 September 14,2011 Oil field equipment rental and leasing Oil well drilling equipment rental and leasing Toilets, portable rental and leasing Vending machines, rental only 7371 - Computer programming services 7372 - Prepackaged software 7373 - Computer integrated systems design 7374 - Computer processing and data preparation and processing services 7375 - Information retrieval services 7376 - Computer facilities management services 7379 - Computer related services, not elsewhere classified 7382 - Security systems services 7383 - News syndicates 7384 - Photofinishing laboratories 7389 - Business services, not elsewhere classified 7. Communications Groups 4812 - Radiotelephone communications 4841 - Cable and other pay television services 8. Construction special trade contractors (office use only, no on-site materials or equipment storage) Groups 1711 - Plumbing, heating and air-conditioning 1721 - Painting and paper hanging industry 1731 - Electrical work industry 1741 - Masonry, stone setting, and other stone work 1742 - Plastering, drywall, acoustical, and insulation work 1743 - Terrazzo, tile, marble, and mosaic work industry 1751 - Carpentry work 1752 - Floor laying and other floor work, not elsewhere classified industry 1761 - Roofing, siding, and sheet metal work industry 1 771 - Concrete work industry 1781 - Water well drilling industry 1791 - Structural steel erection 1793 - Glass and glazing work 1794 - Excavation work 1795 - Wrecking and demolition work 1796 - Installation or erection of building equipment, not elsewhere 1799 - Special trade contractors, not elsewhere classified 9. Depository institutions Groups 6021 - National commercial banks 6022 - State commercial banks 6029 - Commercial banks, not elsewhere classified 6035 - Savings institutions, federally chartered 6036 - Savings Institutions, not federally chartered 6061 - Credit unions, federally chartered 6062 - Credit unions, not federally chartered 6091 - Non-deposit trust facilities 6099 - Functions related to depository banking, not elsewhere classified Page 2 of 20 September 14,2011 10. Eating and drinking places (Group 5812, including only liquor service accessory to the restaurant use, no outdoor music or televisions, no windows or walls permitted to be open to the outside, except as required by code.) 11. Executive, legislative, and general government, except finance Groups 9111 - Executive offices 9121 - Legislative bodies 9131 - Executive and legislative offices combined 9199 - General government, not elsewhere classified 12. Food stores Groups 5411 - Grocery stores (one must be a minimum 27,000 square feet) 5421 - Meat and fish (seafood) markets, including freezer provisioners 5431 - Fruit and vegetable markets 5441 - Candy, nut, and confectionery stores 5451 - Dairy products stores 5461 - Retail bakeries 5499 - Miscellaneous food stores, including convenience stores with fuel pumps (Tract B only) 13. General merchandise stores Groups 5311 - Department stores 5331 - Variety stores 5399 - Miscellaneous general merchandise stores 14. Home furniture, furnishings, and equipment stores Groups 5712 - Furniture stores 5713 - Floor covering stores 5714 - Drapery, curtain, and upholstery stores 5719 - Miscellaneous home furnishings stores 5722 - Household appliance stores 5731 - Radio, television, and consumer electronics stores 5734 - Computer and computer software stores 5735 - Record and prerecorded tape stores (no adult oriented sales) 5736 - Musical instrument stores 15. Insurance carriers Groups 6311 - Life insurance 6321 - Accident and health insurance 6324 - Hospital and medical service plans 6331 - Fire, marine, and casualty insurance 6351 - Surety insurance 6361 - Title insurance 6371 - Pension, health and welfare funds 6399 - Insurance carriers, not elsewhere classified 6411 - Insurance agents 16. Justice, public order and safety Groups 9221 - Police protection 9222 - Legal counsel and prosecution 9229 - Public order and safety, not elsewhere classified 17. Meeting and banquet rooms Page 3 of 20 September 14, 2011 18. Miscellaneous retail (no adult oriented sales) Groups 5912 - Drug stores and proprietary stores 5921 - Liquor stores (accessory to grocery or pharmacy only) 5932 - Used merchandise stores 5941 - Sporting goods stores and bicycle shops 5942 - Book stores 5943 - Stationery stores 5944 - Jewelry stores, including repair 5945 - Hobby, toy, and game shops 5946 - Camera and photographic supply stores 5947 - Gift, novelty, and souvenir shops 5948 - Luggage and leather goods stores 5949 - Sewing, needlework, and piece goods stores 5992 - Florists 5993 - Tobacco stores and stands 5994 - News dealers and newsstands 5999- Miscellaneous retail stores, not elsewhere classified (excluding gravestone, tombstones, auction rooms, monuments, swimming pools, and sales barns) 19. Non-depository credit institutions Groups 6111 - Federal and federally-sponsored credit agencies 6141 - Personal credit institutions 6153 -Short-term business credit institutions, except agricultural 6159 - Miscellaneous business credit institutions 6162 - Mortgage bankers and loan correspondents 6163 - Loan brokers 20. Offices and clinics of dentist (Group 8021) 21. Personal services Groups 7212 - Garment pressing, and agents for laundries and drycleaners 7221 - Photographic studios, portrait 723 1 - Beauty shops 7241 - Barber shops 7251 - Shoe repair shops and shoeshine parlors 7291 - Tax return preparation services 7299 - Miscellaneous personal services, not elsewhere classified, excluding massage parlors, Turkish baths and escort services 22. Public finance, taxation, and monetary policy (Group 9311) 23. Real Estate Groups 6512 - Operators of nonresidential buildings 6513 - Operators of apartment buildings 6514 - Operators of dwellings other than apartment buildings 6515 - Operators of residential mobile home sites 6517 - Lessors of railroad property 6519 - Lessors of real property, not elsewhere classified 6531 - Real estate agents and managers 6541 - Title abstract offices 6552 - Land subdividers and developers, except cemeteries Page 4 of 20 September 14,2011 24. Schools and educational services, not elsewhere classified (Group 8299) 25. Security and commodity brokers, dealers, exchanges, and services Groups 6211 - Security brokers, dealers, and flotation companies 6221 - Commodity contracts brokers and dealers 6231 - Security and commodity exchanges 6282 - Investment advice 6289 - Services allied with the exchange of securities or commodities, not elsewhere classified 26. Social services Groups 8322 - Individual and family social services (adult day care centers only) 8351 - Child day care services 27. Travel agencies (Group 4724) 28. Veterinary services for animal specialties (Group 0742, excluding outdoor kenneling) 29. Video tape rental (Group 7841, excluding adult oriented sales and rentals) 30. United states postal service (Group 4311, excluding major distribution centers) 31. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BlA") by the process outlined in the LOC. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a. Utility buildings (including water and wastewater plants) which shall be enclosed. b. Essential service facilities c. Gazebos, statuary and other architectural features d. Utilities, water and wastewater facilities and/or plants, (all processing buildings must be enclosed.) II. PROHIBITED USES: 1. Amusement and recreation services, not elsewhere classified (Group 7999, NEC Recreational Shooting Ranges, Waterslides, etc.) (Except uses expressly listed in A.I.A.l are permitted). 2. Air and water resource and solid waste management (Group 9511) 3. Business Services Groups 7313 - Radio, television, and publishers' advertising representatives 7331 - Direct mail advertising services 4. Correctional Institutions (Group 9223) Page 5 of 20 September 14,2011 5. Drinking places (alcoholic beverages) (Group 5813) 6. Educational services Groups 8211 - Elementary and secondary schools 8221 - Colleges, universities, and professional schools 8222 - Junior colleges and technical institutes 8231 - Libraries 7. Health services Groups 8062 - General medical and surgical hospitals 8063 - Psychiatric hospitals 8069 - Specialty hospitals, except psychiatric 8. Miscellaneous Retail Groups 5921 - Liquor stores 5961 - Catalog and mail-order houses 5962 - Automatic merchandising machine operators 9. Personal services Groups 7211 - Power Laundries, family and commercial 7261 - Funeral service and crematories 10. Social services Groups 8322 - Individual and family social services, excluding adult day care centers Residential care, including soup kitchens and homeless shelters 8361- III. OPERA TIONAL STANDARDS 1. Hours of Operation: a. Grocery and indoor restaurant uses: b. Other retail and office uses: c. Gas/convenience uses: 6 am to 11 pm 6 am to 9 pm 5 am to midnight d. Deliveries: e. Amplification devices serving drive-thru facilities: f. Outdoor dining: 6 am to 10 pm 6 am to 9 pm 6 am to 10 pm 2. Building Architecture: All buildings shall be designed in a unified architectural style which shall be stylistic of Key West, Olde Florida or Bermuda architecture. 3. Lighting: All lighting shall be architecturally designed. Parking lot lighting shall be limited to 25 feet in height and shall utilize low pressure sodium or similar bulbs, which will be shielded from neighboring residential land uses. Halogen lighting shall be prohibited. 4. Outdoor dining: Alcohol service for outdoor dining shall be accessory to food service. Page 6 of 20 September 14,2011 5. Outdoor music: Outdoor music is prohibited for all uses within the PUD. B. PRESERVE 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 CPUD Master Plan, that is required to be a minimum of 4.21 acres, other than those uses allowed by Section 3.05.07 H.l.h. of the LDC, or any successor provision. I. Principal Uses: a. Native preserves b. Water management c. Mitigation areas d. Hiking trails, boardwalks, shelter, or other such facilities constructed for the purpose of passage through or enjoyment of the site's natural attributes. e. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals (BZA) or designee determines to be compatible in the Preserve Area. DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the CPUD Commercial Subdistrict. 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. Page 7 of 20 September 14,2011 EXHIBIT B FOR EST A TES SHOPPING CENTER CPUD T ABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIP AL USES ACCESSORY USESJ MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUM LOT WIDTH 75 Ft. N/A MINIMUM YARDS (External) From Wilson Boulevard 50 Ft. 45 Ft. From Golden Gate Boulevard 55 Ft. 15 Ft. From Northern Project Boundary 125 Ft. 125 Ft. 4 From 3rd Street NW 300 Ft. 100 Ft. From 151 Street NW 35 Ft. 30 Ft. MINIMUM YARDS (Internal) Internal Drives/ROW 20 Ft. 5 Ft. Rear 15 Ft. 10Ft. Side 10 Ft. 10Ft. Preserve 25 Ft. 10 Ft. MIN. DISTANCE BETWEEN STRUCTURES 20 Ft. or ~ the sum of N/A the building heights I MAXIMUM HEIGHT (single story only) loned 35 Ft. 35 Ft. Actual 45 Ft. 35 Ft. MINIMUM FLOOR AREA 1,000 Sq. Ft. N/A MAX. GROSS COMMERCIAL BUILDING 150,000 Sq. Ft. N/A AREA 2, 5 I Whichever is greater. 2 Developer will limit single users to no greater than fifteen thousand (15,000) square feet in size, except for: One (1) grocery store user between twenty-seven thousand (27.000) and sixty thousand (60,000) square feet in size; One (1) commercial user up to thirty thousand (30.000) square feet in size; and One (1) commercial user up to twenty thousand (20,000) square feet in size. The grocery store must be constructed and receive the first certificate of occupancy as part of the first phase of construction. 3 Accessory uses such as fences/walls, dumpsters, bus shelters, signage, and similar structures are not required to meet the minimum principal or accessory setbacks as listed in Exhibit 8, Table 1, above, however they are subject to Sections 2.0\.02, 4.02.02,4.02.03 and 5.06 of the LDC. 4 Except the utility building shall not be located closer than 75 feet to the northern property line. 5 No building may exceed 30,000 square feet in size, except for the grocery anchored building with inline stores. Page 8 of 20 September 14,2011 _z_l; ~ ~ ~ '" w '" ~ ;; " "'"- ~~ 5~ Ww fg ~~ ~ ~ '" il! j "'w I-~ ~i w", lii'u; c:;~ "0 ~s ~ I- Z ~ en w '" ~ ;; " "'"- ~w "6 1;;.. 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H ~ III f.l~ >1 ~h~ ~Ii ~~ II ~ a i ~ ; ;11 ~ : '" ~:# ~ ~ f ~ III ~I;; ~i~~f- ;)" _ >- ~~ ~i I '" l" i @ EXHIBIT D FOR ESTATES SHOPPING CENTER CPUD LEGAL DESCRIPTION A PORTION OF GOLDEN GATE ESTATES, UNIT NO.ll, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF TRACT 144 OF GOLDEN GATE ESTATES, UNIT NO.ll, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89040'50" WEST, ALONG THE SOUTH LINE OF SAID GOLDEN GA TE ESTATES, UNIT No. 11, FOR A DISTANCE OF 2,000.00 FEET TO THE SOUTHWEST CORNER OF TRACT 107 OF SAID GOLDEN GATE ESTATES, UNIT No.ll; THENCE RUN NORTH 00019'10" EAST, FOR A DISTANCE OF 860.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 106 OF SAID GOLDEN GATE ESTATES UNIT No.ll; THENCE RUN SOUTH 89040'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 111 OF SAID GOLDEN GATE ESTATES, UNIT No.II; THENCE RUN NORTH 00019'10" EAST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 89040'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 00019'10" WEST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 142 OF SAID GOLDEN GATE ESTATES, UNIT No.ll; THENCE RUN SOUTH 89040'50" EAST, FOR A DISTANCE OF 680.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 180 FEET OF SA ID TRACT 142; THENCE RUN SOUTH 00019'10" WEST, FOR A DISTANCE OF 860.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 40.62 ACRES, MORE OR LESS. Page 10 of20 September 14,2011 EXHIBIT E FOR EST A TES SHOPPING CENTER CPUD LIST OF DEVELOPER COMMITMENTS Regulations for development of the Estates Shopping Center CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. TRANSPORT A nON The development of this MPUD shall be subject to and governed by the following conditions: I. Right-of-Way for Golden Gate Boulevard Expansion and Right-of-Way for the Wilson Boulevard Expansion will be donated to the County at no cost to County within 120 days of a written request from the County. 2. The County will allow construction of a full median opening at the project entrance between 1 st and 3rd, after approval of right of way permit. The design and construction shall be the responsibility of the developer. Should the project entrance access point meet signal warrants and if approved by the county, the developer will be responsible for all design and construction/installation costs of a traffic signal. The County reserves the right to modify the median opening should safety or documented capacity conflicts develop. Signalization, if warranted, must also be timed with the existing signal at Golden Gate Boulevard and Wilson Boulevard, with the Wilson Boulevard and Golden Gate Boulevard signal prioritized for green time. 3. The first phase of development, inclusive of the required grocery store and recognized to be no greater than 100,000 square feet, shall have a proportionate share responsibility towards intersection improvements at Wilson and Golden Gate Boulevard. 4. The last 50,000 square feet of the project shall not receive SOP approval from the Growth Management Division until commencement of County's proposed improvements to the intersection of Golden Gate Boulevard and Wilson Boulevard, unless the Developer has elected to commence construction of the intersection improvements in advance of the County (the non-site related portion of the cost of said improvements shall be eligible for road impact fee credits). No certificates of occupancy shall be issued for this phase until said intersection improvements are complete. This phase shall also have proportionate share responsibility toward the cost of the intersection of Wilson and Golden Gate Boulevard. For the purposes of this commitment "intersection improvements" shall mean four lanes of approaching and departing traffic travelling north/south and east/west and dual left turn lanes and right turn lanes in all directions except the southbound right turn lane on Wilson Boulevard being a dual right turn lane. 5. Access points shown on the Master Plan are conceptual. Page II of20 September 14, 20 II 6. Up to four primary project access locations are proposed. Access points will be determined at Site Development Plan review in accordance with the County Access Management Policy: 1. One direct connection to Wilson Boulevard is proposed; located as far to the North as can be reasonably accommodated on the final SOP. 11. Access to Golden Gate Blvd via 1st Street NW is proposed. iii. Access to Golden Gate Boulevard between 1st Street NW and 3rd Street NW is proposed. Refer to condition no. 2 above, referring to signalization. iv. Access to Golden Gate Blvd via 3rd Street NW is proposed. 7. The developer shaII add signage at project entrance on 3rd Street NW prohibiting truck and/or delivery traffic. B. BUS SHELTERS 1. The developer shall install or make payment in lieu of construction for two school bus stop shelters, which shall be instalIed at or near the intersection of 1 sl Street N. W. and Golden Gate Boulevard. If authorized by the School District the shelter size and location shall be coordinated with the Collier County School District. Installation of the shelters shall be concurrent with issuance of the first building certificate of occupancy if constructed by Developer. 2. At the request of Collier County, the developer shaII install or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter. The exact location will be determined during site development plan review for Phase 2 of the project. If constructed by County, owner shall convey to County an easement for the bus shelter at no cost to County. C. LANDSCAPE BUFFERS 1. Any portion of the Project directly abutting residential property (property zoned E- Estates and without an approved conditional use) shall provide, at a minimum, a seventy-five (75) feet wide buffer, except the westernmost 330' of Tract 106, which shaII provide a minimum 20' wide buffer in which no parking uses are permitted. Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained or re-planted native vegetation and must be consistent with subsection 3.05.07.H of the Collier County Land Development Code (LDC). The native vegetation retention area may consist of a perimeter berm and be used for water management detention. Any newly constructed berm shall be revegetated to meet subsection 3.05.07.H of the LDC (native vegetation replanting requirements). AdditionalIy, in order to be considered for approval, use of the native vegetation retention area for water management purposes shall meet the following criteria: a. There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro-period unless it is proven that such would have no adverse impact to the existing vegetation. b. If the project requires permitting by the South Florida Water Management District, the project shall provide a letter or official document from the District Page 12 of20 September 14, 2011 indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter, then the native vegetation retention area shall not be used for water management. c. If the project is reviewed by Collier County, the Developer's engineer shall provide evidence that no removal of native vegetation is necessary to facilitate the necessary storage of water in the water management area. 2. Landscape buffers adjacent to external rights-of-way shall be: . 1 st/3rd Streets - Minimum 30' wide enhanced buffer (Exhibit E.C.1 a and Exhibit E.C.1b) . Wilson Boulevard - Minimum 25' wide enhanced buffer (Exhibit E.C.l c) . Golden Gate Boulevard - Minimum 50' wide enhanced buffer (Exhibit E.C.ld) 3. The seventy-five foot wide vegetative preserve/buffer identified and located along the northern property boundary shall retain existing native vegetation. Where the existing vegetation does not meet the requirements of the LDC, the owner or its successors shall replant and supplement native vegetation at all three vegetative strata as required by the LDC. Plant materials must be native species compatible with vegetation existing within the preserve area. These supplemental plantings must occur concurrent with the first phase of development on the site. The mid-story vegetative plant material may be clustered near the northern preserve edge in order to address fire safety concerns. The replanted preserve must be 80 percent opaque within one year at six feet in height. Please refer to Exhibit E.C.l f for details. 4. Along the northern boundary of Tract A of the Conceptual PUD Master Plan, the Developer shall be required to install a six foot high sound wall adjacent to the preserve/landscape buffer area as depicted on Exhibit C, Master Plan.. The six foot height shall be measured from the adjacent drive aisle or 1st Street NW, whichever is greater. The wall shall be installed concurrent with the commencement of site work for the first phase of commercial development on Tract A. O. ENVIRONMENTAL 1. A minimum of 15% of the on-site native vegetation must be retained. 28.09:1: acres of native vegetation exists requiring preservation of 4.21:1: acres of native vegetation. See calculation below. (40.62:1: acres (total site) - 12.53:1: acres (7.54 ac. single family homes, 4.90 ac. row, .09 ac. pump station) = 28.09:1: acres (native vegetation) x 15% = 4.21:1: acres (required preserve). 2. A Black Bear Management Plan and a Fox Squirrel Management Plan are to be submitted at the time of SOP. Page 13 of20 September 14, 20 II = f"l ...J - c.. " ~ .:.I ! " llII 1 .a :i in I ~ .: .. ..., - ~ Z; ... ~ ~ ... ~ ... 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II Ji :::: ! lid I:::: ~ I i~dl ~ :::: ~ '-8iii~~ :! .... !II__~ 0~ :-:- ~tlllf nc::), Ii is i i~ }}:\ li~~ ~ I ~~ ::::<<~ ~ Ilj .....j fi ~ ~.. ::::10 'J'ilS ~. ....J r II!";~ g:i (::::~~ i i ~ ~ ~il l-:-:-:~\ ~! ~~ h~ ::::<>~, \ I~U> . 11\ ~ ~ '; ~It--=-n_-~~ a - i ------=-----~! ~ . EXHIBIT F FOR EST A TES SHOPPING CENTER CPUD LIST OF REQUESTED DEVIATIONS I. Deviation from Land Development Code (LDC) Section 3.05.07.H.l.h.iii, Preserve Standards, which requires a five foot minimum setback from Preserve, to permit a sound wall to be constructed adjacent to the preserve in the location depicted on Exhibit C, Master Plan. Page 20 of 20 September 14,2011 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 2011-30 Which was adopted by the Board of County Commissioners on the 14th day of September, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day of September, 2011. By: Martha Deputy I