Loading...
Ordinance 2013-64ORDINANCE NO. 13- 6 4 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 ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS THE BRADFORD SQUARE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) TO A NEW MPUD WHICH WILL CONTINUE TO BE KNOWN AS THE BRADFORD SQUARE MPUD, TO ALLOW CONSTRUCTION OF EITHER 1009000 SQUARE FEET OF GROSS LEASABLE OFFICE OR RETAIL WITH UP TO 10 RESIDENTIAL DWELLING UNITS OR TO ALLOW CONSTRUCTION OF GROUP HOUSING FOR SENIORS FOR UP TO 130 UNITS WITH A FLOOR AREA RATIO OF .50 ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF VANDERBILT BEACH ROAD AND LIVINGSTON ROAD IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.18 + /- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 07 -41, THE FORMER BRADFORD SQUARE MPUD; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ- A- PL20130000266) WHEREAS, on April 24, 2007, the Board of County Commissioners approved Ordinance Number 07 -41 which established the Bradford Square Mixed Use Planned Unit Development (MPUD) zoning classification; and WHEREAS, Everbank, represented by Wayne Arnold of Q. Grady Minor and Associates, P.A., petitioned the Board of County Commissioners to amend the Bradford Square MPUD. 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 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from a Mixed Use Planned Unit Development (MPUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) for a project to be known as the Bradford Square MPUD to allow construction of either 100,000 square feet of gross leasable office or retail with up to 10 residential dwelling units or to allow construction of group housing for seniors for up to 130 units with a floor area ratio of .50 Bradford Square MPUD \PUDZ- PL20130000266 Rev. 10/08/13 1 of 2 0 in accordance with the MPUD Document, attached hereto as Exhibits "A" through "G ", and incorporated by reference herein. 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: Ordinance Number 07 -41, known as the Bradford Square MPUD adopted on April 24, 2007 by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this f04k day of e�:»I,cx2013. ATTEST BO OF COUNTY COMMISSIONERS DWIGHT. E. BLOCK, CLERK CO L UNTY, FLORIDA By y' By: aA)w De r s� G ORGIA A. HILLER ES Q. Chairwoman s1 11,iture, 4 ? Approved as to form and legality: o1 0 Heidi Ashton -Cicko 1 Managing Assistant County attorney Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Commercial Mixed Use Master Plan Exhibit C1 — Sections (Commercial Mixed Use Development) Exhibit C2 — Preserve Area within MPUD Exhibit C3 - Architectural Conceptual Drawing for Commercial Mixed Use Development Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit F — List of Developer Commitments Exhibit G — Figure 1 Alternative Building Configuration for Group Housing CP\ 13- CPS - 01232 \42 This ordi icr (C ' "!i 1 with tile. Rmy of i f z � Joe oey of -F Bradford Square MPUD \PUDZ- PL20130000266 and acknowledge gj1t^ of th« t Rev. 10/08/13 2 of 2 fill re ei ed thi 1 day of ' -, 9A% By Dev CA EXHIBIT A FOR BRADFORD SQUARE MPUD Regulations for development of the Bradford Square MPUD shall be in accordance with the contents of this MPUD 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 MPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise most similar shall apply. PERMITTED USES: A maximum development intensity of (a) 100,000 square feet of gross leasable office or retail area and a maximum of 10 residential dwelling units or (b) 130 units of group housing for seniors shall be permitted within the MPUD. The property may only be developed as commercial mixed -use or as a senior housing facility. Both options cannot be developed on the site. The maximum floor area for any single commercial user shall be 20,000 square feet, except for a grocery/supermarket, physical fitness facility, craft /hobby store, home furniture /furnishing store, or department store use, which shall not exceed a maximum of 50,000 square feet. The group housing for seniors shall be limited by a FAR of .50 (see deviations). 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: MIXED USE: A. Principal Uses: 1. Accounting services (group 8721); 2. Apparel and accessory stores (groups 5611— 5699); 3. Architectural, engineering and surveying services (groups 0781, 8711— 8713): 4. Attorney offices and legal services (group 8111); 5. Auto and home supply (5531), except as prohibited in Item C of this Document; 6. Business services (groups 7311 — 7313, 7322 — 7338, 7361 — 7379, 7384, 7389), except as prohibited in Item C of this Document; 7. Child day care services (group 8351); 8. Depository (financial) institutions (groups 6011— 6099); 9. Eating places (group 5812 only as outlined as follows: box lunch stands, cafes, coffee shops, dairy bars, diners, eating places), food bars, frozen custard stands, grills, (eating places), Ice cream stands, luncheonettes, oyster bars, pizza parlors, pizzerias, restaurants - carry-out restaurants - sit -down, restaurant with drive - through window (limited to one only) sandwich bars or shops, snack shops, soda fountains, submarine sandwich shops, tea rooms, (except as prohibited in Item C of this Document); No outdoor amplified entertainment shall be permitted for any PL2013 -0266, Bradford Square MPUD Page 1 of 15 Rev4 10 -16 -2013 restaurants (music or television) and no bar areas with outside seating shall be permitted. 10. Food stores (groups 5411— 5499),except as prohibited in Item C of this Document; 11. General merchandise stores (groups 5311— 5399); 12. Governmental offices (groups 9111— 9199); 13. Group housing for seniors, described in Section 5.05.04 of the LDC, including assisted living and independent living facilities (See Exhibit A Item D, Operational Requirements for Group Housing); 14. Hardware stores (group 5251); 15. Health services (groups 8011- 8049, 8082); 16. Home furniture, furnishings, equipment store (groups 5712 — 5736); 17. Insurance agencies, brokers, carriers (groups 6311— 6399, 6411); 18. Management and public relations (groups 8741— 8743, 8748); 19. Membership organizations (groups 8611— 8699), except as prohibited in Item C of this Document; 20. Miscellaneous repair services (groups 7629 — 7699), except as prohibited in Item C of this Document; 21. Miscellaneous retail services (groups 5912, 5921, 5941 — 5963), except as prohibited in Item C of this Document; 22. Museums and art galleries (group 8412); 23. Non - depository credit institutions (groups 6111— 6163); 24. Office machine repair service (groups 7629 — 7631) , except as prohibited in Item C of this Document; 25. Paint, glass, wallpaper store (group 5231); 26. Personal services (groups 7212, 7216, 7221, 7251, 7291, 7299), except as prohibited in Item C of this Document; 27. Photographic studios (group 7221); 28. Physical fitness facilities (group 7991); 29. Residential multi - family- maximum of 10 dwelling units 30. Real estate (groups 6531— 6541); 31. Security brokers, dealers, exchanges, services (groups 6211— 6289); 32. Shoe repair shops or shoe shine parlors (group 7251); 33. Travel agencies (groups 4724): 34. Veterinarian's office (groups 0742, 0752) (except for outdoor kenneling) , except as prohibited in Item C of this Document; 35. Videotape rental (group 7841) , except as prohibited in Item C of this Document; 36. Any other use which is comparable in nature with the foregoing uses as determined by the BZA or the hearing examiner. B. Accessory Uses: 1. Essential services as set forth under the Land Development Code (LDC) including but not limited to, gas lines, water lines, sewer lines, pump stations and wells. 2. Water management facilities and related structures. PL2013 -0266, Bradford Square MPUD Page 2 of 15 Rev4 10 -16 -2013 9 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Garages and /or carports 5. Guardhouses, gatehouses, and access control structures. 6. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the LDC. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. 8. Accessory uses and structures customarily associated with group housing uses permitted in this MPUD, including recreational facilities, such as swimming pool, clubhouse, fitness center and maintenance facilities. 9. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses for this MPUD, as determined by the Board of Zoning Appeals (BZA) or the hearing examiner. C. Specifically prohibited uses: 1. Automotive service stations; 2. Convenience stores with or without gas pumps; 3. Fast food restaurants; 4. No outdoor amplified entertainment shall be permitted for any restaurants (music or television). 5. No bar areas with outside seating shall be permitted. The following list of uses shall also be prohibited per Ordinance No. 2011 -28: 0742 — Veterinary services for Animal Specialties - Horses are prohibited, other animals are allowed. 0752 — Animal specialty services, Except Veterinary (dog grooming is allowed) 5261— Retail nurseries, lawn and garden supply stores 5499 — Poultry dealers — retail and egg dealers — retail 5531 — Auto and home supply store, except automobile accessory and parts dealers — retail (no on -site installation) 5813 — Drinking places (alcoholic beverages) 5921— Liquor stores exceeding 5,000 square feet 5932 — Used merchandise stores 5962 — Automatic merchandising machine operators 7211— Power laundries, family and commercial 7215 — Coin - operated laundries and drycleaning 7216 — Drycleaning plants, except rug cleaning 7299 — Miscellaneous personal services, not elsewhere classified Coin operated service machine operations Comfort station operation PL2013 -0266, Bradford Square MPUD Page 3 of 15 Rev4 10 -16 -2013 9 Escort service Locker rental Massage parlors (except those employing licensed therapists) Rest room operation Tattoo parlors Turkish baths Wedding chapels, privately operated 7389 — Business services, not elsewhere classified, except Appraisers 7623 — Refrigeration and air - conditioning service and repair shops 7629 — Electrical and electronic repair shops, not elsewhere classified 7641— Re- upholstery and furniture repair 7692 — Welding repair 7694 — Armature rewinding shops 7699 — Repair shops and related services, not elsewhere classified 7841 —Adult oriented video tape rental 7993 — Coin operated amusement devices 8641— Civic, social and fraternal associations D. Operational Requirements for Group Housing Group housing for seniors uses shall provide the following services and /or be subject to the following operational standards: 1. 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 have the option to be equipped to notify the community staff in the event of medical or other emergency. PL2013 -0266, Bradford Square MPUD Page 4 of 15 Rev4 10 -16 -2013 G 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. PRESERVE A. Principal Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation areas. 3. Passive Recreation areas. 4. Water management and water management structures. DEVELOPMENT STANDARDS Exhibits B sets forth the development standards for land uses within the MPUD Residential 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 SDP or subdivision plat. Except as provided for herein, all criteria set forth in Exhibit B, shall be understood to be in relation to individual parcels or lot boundary lines. Condominium and /or residential dwelling unit boundary lines shall not be utilized for determining development standards. Architectural Common Theme: Structures within this MPUD shall have a Mediterranean architectural theme, inclusive of common or compatible use of materials and colors. All buildings will be in the Mediterranean style, and all pitched roofs will be barrel tile or similar material. PL2013 -0266, Bradford Square MPUD Page 5 of 15 Rev4 10 -16 -2013 -A0) EXHIBIT B FOR BRADFORD SQUARE MPUD DEVELOPMENT STANDARDS STANDARDS COMMERCIAL MIXED USE GROUP HOUSING* PRINCIPAL STRUCTURES Minimum Lot Area 10,000 SF N/A Minimum Lot Width 100 feet N/A Minimum Lot Depth N/A N/A Minimum Front Yard Setback Livingston Road Vanderbilt Beach Road 35 feet 35 feet 35 feet 35 feet Minimum Side Yard Setback East PUD Boundary 70 feet 70 feet Minimum Rear Yard Setback North PUD Boundary 70 feet 70 feet Maximum Building Height Zoned Actual 35 feet 50 feet 43 feet 53 feet Minimum Distance Between Structures One -half the sum of each building height but not less than twenty feet (20 feet) One -half the sum of each building height but not less than twenty feet (20 feet) Minimum Floor Area 1000 SF N/A Minimum Preserve Setback 25 feet 25 feet ACCESSORY STRUCTURES Minimum Front Yard Setback 15 feet 15 feet Minimum Side Yard Setback 15 feet 15 feet Minimum Rear Yard Setback 15 feet 15 feet Minimum Preserve Setback 10 feet 10 feet Minimum Distance Between Structures SPS 10 feet Maximum Building Height Zoned Actual 15 feet 20 feet 15 feet 20 feet *See Figure 1, Alternative Building Configuration for Group Housing SPS — Same as Principal Structure PL2013 -0266, Bradford Square MPUD Page 6 of 15 Rev4 10 -16 -2013 0 i y } Ili I I II, II I I TYPE 'F' -- j CURB I � E I --- --- --- --- °T-- -' II }� I I I I TOE OF BERM , ili I I } j ;PROPOSED 6' 7 I ' SIDEWALK I t I TYPE 'D' I , I I I 3 } } 1 I 1 I 1 j PROPERTY 1 c�2C I LINE I IJI I, UI% II FROM THE INTERSECTION OF LMNGSTON ROAD FOR ACCESS LOCATION. DUE TO THE SIZE OF THE PARCEL, THE ACCESS c 30, PET RESORT) I I I COUNTY _ ' DRAINAGE EASEMENT I TIE NEW BERM INTO -- EXISTING BERM I � E I --- --- --- --- °T-- -' II }� I I I I TOE OF BERM , ili I I I . 15' 15' MIN. TYPE 'B' ..�II TYPE 'D' } S i LANDSCAPE ZONED A I LEGEND BUFFER IJI I, UI% II FROM THE INTERSECTION OF LMNGSTON ROAD FOR ACCESS LOCATION. DUE TO THE SIZE OF THE PARCEL, THE ACCESS (BEST FRIENDS 0 EXISTING WETLAND I /% PET RESORT) I I i �(nl ',� ONTO LMNGSTON ROAD IS SHOWN APPROXIMATELY 420 FEET FROM THE INTERSECTION OF LIVINGSTON ROAD AND I I I I I I I I I I I 1 I 1 i I I I I I I I I II I I I I I I 'I I I I i 15' MIN. TYPE 'B' ANDSCAPE BUFFER 1 100 I m I PROPOSED I 6' SIDEWALK ZONED PUD PELICAN MARSH (TIBURON GOLF COURSE) I TIE NEW BERM INTO EXISTING BERM A TOE OF BERM ° ° I RETAINED I - PRESERVE - - -'-- VEGETATION (1.38 AC.) TYPE 'D' _ �,.. (TYPICAL) L____ - -_ - __- __ ----- re• I a I Z: 300 JALn FFTuI I L _ _ PROPOSED 6"_ _ SIDEWALK 15' TYPE 'D' LANDSCAPE BUFFER PROPERTY LINE TYPE 'D' CURB (TYPICAL) G_ mich J[■■�J��]]III�I '-® -- TIE NEW BERM INTO -- EXISTING BERM —PROPERTY LINE III --- --- --- --- °T-- -' II III TOE OF BERM , ili I I I I I _•.\ I III If 15' MIN. TYPE 'B' ..�II - -_ LANDSCAPE BUFFER I I III B I I I w 0 w aD I B I a•,. w rm I ,I acuc: r -.rc i lil i II )'I ZONED A I LEGEND X 15 % IJI I, UI% II FROM THE INTERSECTION OF LMNGSTON ROAD FOR ACCESS LOCATION. DUE TO THE SIZE OF THE PARCEL, THE ACCESS (BEST FRIENDS 0 EXISTING WETLAND I /% PET RESORT) I I i �(nl ',� ONTO LMNGSTON ROAD IS SHOWN APPROXIMATELY 420 FEET FROM THE INTERSECTION OF LIVINGSTON ROAD AND 10' MIN. TYPE 'A' 1.38 AC. = NATIVE VEGETATION PROVIDED LANDSCAPE BUFFER III MAXIMUM B' ILDING HEIGHT IS 35 FEET MAXIMUM LE�ASEABLE RETAIL OR OFFICE AREA IS I WATER III 100,000 SOWARE FEET QUALITY I III MAXIMUM Oq 10 MULTIFAMILY UNITS ARE PERMITTE¢ C PRETREATMENT: III C TOTAL OPEN SPACE = 3.82 AC. 41.6% (0.42 AC.) III RYI DT TION, LINTY DRAINAGE EASEMENTMAND III RETAINED PRESERVE VEGETATION AREAS. i III II TOP OF BERM i� I I PROPERTY LINE ED \� - /I i LAND USE SUMMARY -_ NALK {JOSE i _ MISC., BUFFER OPEN SPACE 1.69 18.4% , PRE- TREATMENT/DRY DETENTION AREA 0.42 4.6% °6 RETAINED PRESERVE VEGETATION 1.38 15.0% I M.P.U.D. MASTER PLAN COUNTY DRAINAGE ESMT. 0.33 3.6% QEVELOPED AREA 05134MPUD 5.36 58.4% TOTAL AREA 9.18 100.0 i _ __________________ --------------------- ----------------------- Ds _ _ ______________________ -- _________ _______________________________ .J '� RETAINED NATIVE VEGETATON CALCULATONS ' -I NOTES% - "' 1. DUE TO THE IMPACTED NATURE OF THE EXISTING PLANTING MATERIALS IN THE PROPOSED PRESERVE AREAS 9.18 AC. = PROPERTY AREA (COMPLETELY VEGETATED) ICIIIWi J it THE DETERMINATION FOR MITIGATION LEVEL PLANTINGS WILL BE DONE ONCE EXOTIC REMOVAL IS PERFORMED. 112. THE COLLIER COUNTY ACCESS MANAGEMENT POLICY RESOLUTION NO. 01.247 REQUIRES A MINIMUM SPACING 1320 FEET X 15 % IJI I, UI% II FROM THE INTERSECTION OF LMNGSTON ROAD FOR ACCESS LOCATION. DUE TO THE SIZE OF THE PARCEL, THE ACCESS I /% 1.38 AC. = MINIMUM NATIVE VEGETATION RETENTION REQUIREMENT i �(nl ',� ONTO LMNGSTON ROAD IS SHOWN APPROXIMATELY 420 FEET FROM THE INTERSECTION OF LIVINGSTON ROAD AND 11 I } 1.38 AC. = NATIVE VEGETATION PROVIDED -�ttt� i VANDERBILT BEACH ROAD. THIS ACCESS POINT WAS AGREED TO AS PART OF A STIPULATED FINAL JUDGMENT BETWEEN I , } Lit ��•, 'j COLLIER COUNTY, FL VS. TIBURON GOLF VENTURES L.P., ET AL, CASE# 04- 4678 -CA PARCEL # 15. BRADFORD SQUARE R.L.D. 4`LF �f01 06 4rz01 950Ti1°°reWay amwwmanoR °6 X950 FL. 34110 M.P.U.D. MASTER PLAN 05134MPUD 4396 -01 ""naE a z�a aRa av>e� DEVELOPER %w:c. °" I Pnw„ Iu,1254 -2000 HOLE MON TES FloeeaCe are °1 EXHIBIT "C" (CONCEPTUAL PLAN) LIVINGSTON VILLAGE LLC BlAEE SiUx✓El,"Xe= AUthonzation NoAT72 A. 2005134 1 OF 5 Ds A It W y i W G�I �I J n II K E O F J- d a 8 of U) N N Z O F U w N ts!R13 g W: s �zgs 6 W v ¢ c7 W f' � J 0 J 0 LL 0 a s m m �Y4gr ssw- rbww :sw+aWrrWrlw �w !-� /) EXHIBIT Cl — SECTIONS (COMMERCIAL MIXED USE DEVELOPMENT) o i 04 O O� ZNcr), , am . . ca S�j,i� & co Y! a A It W y i W G�I �I J n II K E O F J- d a 8 of U) N N Z O F U w N ts!R13 g W: s �zgs 6 W v ¢ c7 W f' � J 0 J 0 LL 0 a s m m �Y4gr ssw- rbww :sw+aWrrWrlw �w !-� /) EXHIBIT Cl — SECTIONS (COMMERCIAL MIXED USE DEVELOPMENT) uJ r- � O Z �y E Q c Q S N � W a� �m QU ULL J J w0 a0 C Z a.0 am w m Z N a W Cc COCK Ul z W H N W W ma r'7 N N � Z 6 I ....... .......... .... `. .�. ZZa , v. �, � of �• �-.0 X3 Q. i LL, -------- - - - - -- -------- — ------------------ UV�OU N0199MA1Z O a O a S U a w m J_ m w a z Z-1 0 In -8 LdK) 8 t p 8 al s z a a �Wo Wa° rr .d ao J Q at a naa LU CC z Q I a �I I I� M �s Irliz Q EI� a W` y a I lj 0 ° s �II ONO t LL EXHIBIT C2 - PRESERVE AREA WITHIN MPUD ��O 1 O�m ■7 L yy� T 'V L �o L T 4w* V L EXHIBIT C3 ARCHITECTURAL CONCEPTUAL DRAWING (COMMERCIAL MIXED USE DEVELOPMENT) F. �Y M'. �1 * L � 1 �t�I fyl_ f+� 1 L m to L A2 •� E L N d L > 0 d U ++ QI � N � •> d � 3 c � d U +3+ Q l9 C � C � C c.4� m U y C O U � to C C � d r d L � f/1 t F C O z •3 0010 I w � Ll- 14 y T. _ � r< i �i fir} � 5i A2 •� E L N d L > 0 d U ++ QI � N � •> d � 3 c � d U +3+ Q l9 C � C � C c.4� m U y C O U � to C C � d r d L � f/1 t F C O z •3 0010 EXHIBIT D FOR BRADFORD SQUARE MPUD LEGAL DESCRIPTION COMMENCE AT THE SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID SECTION 31, NORTH 02 °06126" WEST, A DISTANCE OF 186.64 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED THE SAME BEING A POINT ON THE NORTH LINE OF THE LANDS RECORDED IN OFFICIAL RECORDS BOOK 3022, PAGE 1128, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE ALONG SAID WEST LINE AND THE EAST LINE OF LIVINGSTON ROAD, NORTH 02 °06'26" WEST, A DISTANCE OF 480.59 FEET TO A POINT ON THE SOUTH LINE OF THE LANDS RECORDED IN OFFICIAL RECORDS BOOK 2632, PAGE 1892, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID SOUTH LINE, SOUTH 89 °56'05" EAST, A DISTANCE OF 825.95 FEET TO A POINT ON THE WEST LINE OF THE LANDS RECORDED IN OFFICIAL RECORDS BOOK 3620, PAGE 1412, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID WEST LINE, SOUTH 02 °08'15" EAST, A DISTANCE OF 507.23 FEETTO A POINT ON THE NORTH LINE OF THE ORDER OF TAKING AS DESCRIBED IN OFFICIAL RECORDS BOOK 3599 PAGE, 121, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LANDS FOR THE FOLLOWING THREE (3) CALLS: 1) NORTH 89 °55'46" WEST, A DISTANCE OF 113.58 FEET; 2) THENCE NORTH 00 °04'14" EAST, A DISTANCE OF 26.50 FEET; 3) THENCE NORTH 89 °55'46" WEST, A DISTANCE OF 140.68 FEET TO THE NORTHEAST CORNER OF THE LANDS RECORDED IN OFFICIAL RECORDS BOOK 3022, PAGE 1128, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID LANDS FOR THE FOLLOWING TWO (2) CALLS: 1) NORTH 89 °55'46" WEST, A DISTANCE OF 564.79 FEET; 2) THENCE NORTH 89 °40'20" WEST, A DISTANCE OF 8.19 FEET TO THE POINT OF BEGINNING. CONTAINING 9.18 ACRES, MORE OR LESS. PL2013 -0266, Bradford Square MPUD Page 11 of 15 Rev4 10 -16 -2013 EXHIBIT E FOR BRADFORD SQUARE MPUD LIST OF REQUESTED DEVIATIONS 1. Deviation 1 seeks relief from LDC Subsection 5.03.02 E 2 and 3 which requires a wall between commercial and residential uses to allow no wall along the north and east property lines that are adjacent to residential development. The buffer areas shown on the MPUD Master Plan are presumed to provide sufficient screening and buffering and shall provide the same level of screening as to the LDC requirements after exotic removal. 2. Deviation 2 seeks relief from LDC Section 5.05.04.D.1 which establishes a maximum FAR of 0.45 for group housing to permit a maximum FAR of 0.5. PL2013 -0266, Bradford Square MPUD • Page 12 of 15 Rev4 10 -16 -2013 EXHIBIT F FOR BRADFORD SQUARE MPUD LIST OF DEVELOPER COMMITMENTS 1. TRANSPORTATION A. Payment in lieu of construction of sidewalks and bike lanes for Vanderbilt Beach Road frontage shall be required. The amount shall be determined utilizing FDOT's 2004 Transportation Cost Manual estimates, as amended. Payment shall be required within 30 days of the zoning approval by the Board of County Commissioners. B. Payment in lieu of construction in the amount of $25,000 for a bus shelter shall be required prior to the first CO for the commercial mixed -use development option. No payment or obligation to construct a shelter is required for the senior housing development option. 2. ENVIRONMENTAL A. The MPUD shall be required to preserve 15% of native vegetation, 8.33± acres of native vegetation exists on -site requiring a minimum preservation of 1.25± acres (8.33 x .15 = 1.25) of native vegetation to be retained. The preservation plans shall meet or exceed the requirements of the LDC. B. Exhibit C- Commercial Mixed Use Master Plan, identifies a preserve area requirement greater than the minimum required 1.25 acres for the PUD. Exhibit C was previously approved and is not being amended as part of the 2013 PUD amendment. Development of a commercial mixed use project will be in compliance with the preserve requirements as shown on Exhibit C. 3. PLANNING The conceptual plan in Exhibit C depicts a single commercial building; however, multiple buildings may be constructed consistent with use, intensity and development standards contained in this PUD. 4. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close -out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD. At the time of this PUD approval, the Managing Entity is Everbank, 1185 Immokalee Road, Naples, Florida 34110. 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 PL2013 -0266, Bradford Square MPUD Page 13 of 15 Rev4 10 -16 -2013 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 County that includes an acknowledgement of the commitments required by the PUD 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 PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments PL2013 -0266, Bradford Square MPUD Page 14 of 15 Rev4 10 -16 -2013 cclpl�) N O C nN 6O nZ 6O OD �O ZONED: PELICAN MARSH DRUPUD USE: RESIDENTIAL `15' WIDE TYPE "D" LANDSCAPE BUFFER 15' WIDE TYPE .,D„ LANDSCAPE BUFFER — . .. ... ........ ......................... .. ............................... __ 1 1.25 ACRES OF ..."."..'. . I .. :•:•: RETAINED PRESERVE VEGETATION 1I I ATER .............. ..............." 1 ry1A AGE NT 1 Ill I AR V FcnEA TION '-- II 1 it II li � I —10' WIDE TYPE "A" LANDSCAPE BUFFER ION/ .� I 1m I DEVIATIONS 1�1 Iml 1. PREVIOUSLY APPROVED IN ORDINANCE 07 -41 i AND ONLY APPLIES TO THE COMMERCIAL AREA I 1 OUT CR EAMEEANT IZII THE PUD ORDINANCE I AR 1 °I SECTION 5.05.04.D.1, GROUP HOUSING, Intel WHICH ESTABLISHES A MAXIMUM FAR OF Iml 0.45 FOR GROUP HOUSING TO PERMIT A ICll MAXIMUM FAR OF 0.5. ym mce as:soP Kyv_'y(aPC� RevlYOn Dne DessfiDUen gy. 9u1s. �. -b. IAA it \ Ii WATER MANAGEMENT AREA WIDE TYPE ';D_' LANDSCAPE BUFFER -- -- �� -- + VANDERBILT BEACH ROAD (150' PUBLIC RIGHT -OF -WAY) NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. ALL ACREAGES, EXCEPT PRESERVE, ARE APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF SDP OR PLAT APPROVAL IN ACCORDANCE WITH THE LDC. 3. THE COLLIER COUNTY ACCESS MANAGEMENT POLICY RESOLUTION NO. 01.247 REQUIRES A MINIMUM SPACING 1320 FEET FROM THE INTERSECTION OF LIVINGSTON ROAD FOR ACCESS LOCATION. DUE TO THE SIZE OF THE PARCEL, THE ACCESS ONTO LIVINGSTON ROAD IS SHOWN APPROXIMATELY 420 FEET FROM THE INTERSECTION OF LIVINGSTON ROAD AND VANDERBILT BEACH ROAD. i v ZONED: AGRICULTURAL / I 1 USE: ANIMAL SAFARI PET HOSPITAL 1 it II li � I —10' WIDE TYPE "A" LANDSCAPE BUFFER ION/ .� I \ l� J I 1 DEVIATIONS BRADFORD SQUARE MPUD WATER 1. PREVIOUSLY APPROVED IN ORDINANCE 07 -41 MANAGEMENT AND ONLY APPLIES TO THE COMMERCIAL AREA I 1 MIXED USE MASTER PLAN, EXHIBIT C OF ”` 4 m'� b '"�" THE PUD ORDINANCE REVSED PER MM - OPVb9on 2 FIR b 0.5 REVISED PER COUNTY RTfORNEi CONIIENR 1 2. DEVIATION 2 SEEKS RELIEF FROM LDC l SECTION 5.05.04.D.1, GROUP HOUSING, I I WHICH ESTABLISHES A MAXIMUM FAR OF 0.45 FOR GROUP HOUSING TO PERMIT A REV SmPFAFIMROMW.- 2COMMEMS 8101] REVISED PER REVIEM R COIREMS z9u ramsEO PER RENEW , muc9rs MAXIMUM FAR OF 0.5. ym mce as:soP Kyv_'y(aPC� SITE DATA TOTAL SITE AREA: 9.18± AC MAXIMUM SENIOR HOUSING UNITS: 130 PRESERVE: REQUIRED 1.25± AC (8.33± AC NATIVE VEGETATION X 15%) PROVIDED 1.25± AC LEGEND °°. ®GradyMinor U.4raUyM1ll „prdoJAeeo p e.PAm:�9D ' 4re Uel Yxy aonlM 9prin9atlFbylOa 31134 BRADFORD SQUARE MPUD FIGURE 1 ”` 4 m'� b '"�" 5 ] REVSED PER MM - OPVb9on 2 FIR b 0.5 REVISED PER COUNTY RTfORNEi CONIIENR 1 S.U. SU. � CWIIEngineers . Land Surveyors . Planners . Landscape Architects ren syauw semm,s, een mint /.amm,9, eax® x9ppb/a9 - - - ALTERNATIVE BUILDING CONFIGURATION FOR GROUP HOUSING 1 REV SmPFAFIMROMW.- 2COMMEMS 8101] REVISED PER REVIEM R COIREMS z9u ramsEO PER RENEW , muc9rs 3.u. SU. s.u. ym mce as:soP Kyv_'y(aPC� RevlYOn Dne DessfiDUen gy. 9u1s. �. -b. Bonrca SpeO>Q9'. 13891].1,4) www.Grddvd /lnn /.tom Fort Myxre: 239 990.1390 9ai6T 1 or 1 �� EXHIBIT G . .. . FLORIDA DEPARTMENT t? STATE RICK SCOTT Governor December 16, 2013 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101 -3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: eY AT KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 13 -64, which was filed in this office on December 16, 2013. - Sincerely, Liz Cloud Program Administrator LC /elr Enclosure R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.fl.us