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Backup Documents 10/24/2017 Item # 9A 9/12/17` n APB01wodP0U000D COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: 1 0—2 4-2 01 7 x Normal legal Advertisement RP2IARWOOD (Display Adv., Location,etc.) Originating Dept/Div: GMD/Zoning Person: Fred Reischl Principal Planner Date:August 16.2017 Petition No (If none,give a brief description). PL20170000007 Petitioner (Name&Address) Hole Montes,Inc. Robert Mulhere, FAICP 950 Encore Way Naples. FL 34110 Name&Address of any person(s)to be notified by the Clerk s office (if more space is needed.attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date Collier County Board of County Commissioners(BCC)at 9:00 A.M.,September 12th,2017. (Based on advertisement appearing 20 days before hearing Newspaper(s)to be used (Complete only if important) xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No 4500176563 Proposed text. (include legal description&common locations&size Legal Section Non-Legal Section Companion petition(s). if any&proposed hearing date Does Petition Fee include advertising cost, x Yes No If yes. what account should be charged for advertising costs 131-138326-649100-00000 Reviewed By: / AI /' / Date g'�16!/7 Division •finistrator or Designee 11 !r! List Attachments DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note:if legal documents is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK' OFFICE Date Received C "� Date of Public Hearing q (�/' Date Advertised 3 9A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on September 12th,2017,in the Board of County Commissioners meeting room,third floor,Collier Government Center, 3299 East Tamiami Trail, Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance.The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 95-33, THE BRIARWOOD PUD, AS AMENDED, TO ADD 320 MULTI- FAMILY DWELLING UNITS IN TRACT B& C: MULTI-FAMILY RESIDENTIAL AS AN ALTERNATIVE TO COMMERCIAL DEVELOPMENT ON TRACT B & C: COMMERCIAL COMMUNITY; TO ADD DEVELOPMENT STANDARDS FOR TRACT B & C MULTI-FAMILY RESIDENTIAL; TO ADD EXHIBIT A-1 TRACT B & C MASTER PLAN AND EXHIBIT A-2 ENHANCED TYPE D BUFFER FOR PROPERTY CONSISTING OF 209.17± ACRES; LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD, NORTH OF RADIO ROAD, IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE.(PL20170000007) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East.Suite 101,Naples.FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHAIRMAN DWIGHT E. BROCK,CLERK By: /s/Patricia Morgan Deputy Clerk(SEAL) 9A ORDINANCE NO. 17 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 95-33, THE BRIARWOOD PUD, AS AMENDED, TO ADD 320 MULTI-FAMILY DWELLING UNITS IN TRACT B & C: MULTI- FAMILY RESIDENTIAL AS AN ALTERNATIVE TO COMMERCIAL DEVELOPMENT ON TRACT B & C: COMMERCIAL COMMUNITY; TO ADD DEVELOPMENT STANDARDS FOR TRACT B & C MULTI- FAMILY RESIDENTIAL; TO ADD EXHIBIT A-1 TRACT B & C MASTER PLAN AND EXHIBIT A-2 ENHANCED TYPE D BUFFER FOR PROPERTY CONSISTING OF 209.17± ACRES; LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD, NORTH OF RADIO ROAD, IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. (PL20170000007) WHEREAS, on April 25, 1995, the Board of County Commissioners approved Ordinance No. 95-33, the Briarwood Planned Unit Development, in accordance with the Planned Unit Development document attached thereto (the "PUD Document");and WHEREAS, Robert J. Mulhere, FAICP of Hole Montes, Inc. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A. representing Boyd Land Development, LLC has petitioned the Board of County Commissioners to amend Ordinance No. 95-33,the Briarwood Planned Unit Development, and the PUD Document. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO THE STATEMENT OF COMPLIANCE, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 95-33, BRIARWOOD PLANNED UNIT DEVELOPMENT Statement of Compliance, of the Planned Unit Development Document, attached to Ordinance No. 95-33, Briarwood Planned Unit Development, is hereby amended to read as follows: BRIARWOOD PUD • STATEMENT OF COMPLIANCE * * * * * * * * * * * * * 17-CPS-01661/110 Briarwood/PUDA-PL20170000007 7/19/17 Words strtcthr-ough are deleted,words underlined are added. Page 1 of 6 Residential Project * * * * * * * * * * * * * 7. The maximum density is less-than 2.852.85 4.40 dwelling units per acre if developed residentially, or 3.12 dwelling units per acre if developed as mixed use, and is in compliance with the Density Rating System of the Future Land Use Element of the Growth Management Plan. 8. The project includes extensive open space and incorporates natural features to provide a high quality of life for its residents. Commercial Project 1. The commercial portion of the project has been determined to be consistent with Policy 5.10 of the Future Land Use Element by virtue of the fact that an exemption was approved by the Collier County Board of Commissioners pursuant to the Zoning Re- Evaluation Program. Short Title This Ordinance shall be known and cited as the Briarwood Planned Unit Development Ordinance. SECTION TWO: AMENDMENTS TO THE INDEX, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 95-33, BRIARWOOD PLANNED UNIT DEVELOPMENT Index, of the Planned Unit Development Document, attached to Ordinance No. 95-33, Briarwood Planned Unit Development, is hereby amended to read as follows: INDEX STATEMENT OF COMPLIANCE LIST OF EXHIBITS PROPERTY OWNERSHIP AND DESCRIPTION SECTION I PROJECT DEVELOPMENT SECTION II TRACT SF: SINGLE FAMILY RESIDENTIAL DEVELOPMENT SECTION III TRACT A: MULTI-FAMILY RESIDENTIAL DEVELOPMENT SECTION IV TRACTS D &E: RECREATION AND CONSERVATION SECTION V TRACTS B &C: COMMUNITY COMMERICAL SECTION VI TRACT B & C: MULTI-FAMILY RESIDENTIAL SECTION VII DEVELOPMENT STANDARDS SECTION VII VIII LANDSCAPE DEVELOPMENT SECTION VIII IX 17-CPS-01661/110 Briarwood/PUDA-PL20170000007 7/19/17 Words strueli-threugh are deleted,words underlined are added. Page 2 of 6 SECTION THREE: AMENDMENTS TO PAGE ii, LIST OF EXHIBITS, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 95-33, THE BRIARWOOD PUD Page ii, entitled "List of Exhibits," of the PUD Document attached as Exhibit A to Ordinance No. 95-33, is hereby amended as follows: LIST OF EXHIBITS EXHIBIT A Briarwood Development PUD Master Plan EXHIBIT A-1 Tract B &C Multi-Family Master Plan EXHIBIT A-2 Enhanced Type "D" buffer Buffer for Radio and Livingston Roads for residential Residential iMulti-family Development on Tracts B and C SECTION FOUR: AMENDMENTS TO SECTION I, PROPERTY OWNERSHIP AND DESCRIPTION, SUBSECTION 1.3, PROPERTY OWNERSHIP, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 95-33, BRIARWOOD PLANNED UNIT DEVELOPMENT Section I, Property Ownership and Description, Subsection 1.3, Property Ownership, of the Planned Unit Development Document, attached to Ordinance No. 95-33, Briarwood Planned Unit Development,is hereby amended to read as follows: SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION * * * * * * * * * * * * * 1.3 PROPERTY OWNERSHIP The Subject Property is : : - :• t --. :.- - ,. .. . _ • _ e : . -- - . -:, , -, : _, -,: . • ! : platted and subdivided and has multiple owners. Tract "B" and "C" as shown on the Master Plan are owned by Lowe's Home Centers, Inc. 17-CPS-01661/110 Briarwood/PUDA-PL20170000007 7/19/I7 Words solidi-through are deleted, words underlined are added. Page 3 of 7 SECTION FIVE: AMENDMENTS TO SECTION II,PROJECT DEVELOPMENT, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 95-33, BRIARWOOD PLANNED UNIT DEVELOPMENT Section II, Project Development, of the Planned Unit Development Document, attached to Ordinance No. 95-33, Briarwood Planned Unit Development, is hereby amended to read as follows: * * * * * * * * * * * * * 2.3 PROJECT PLAN AND LAND USE TRACTS A. The project plot plan, including layout of streets and land use of the various tracts, is illustrated graphically by Exhibit "A" and Exhibit A-1 Tract B and C Multi- Family Master Plan; . There shall be ten (10) land uses,the configuration of which is also illustrated by Exhibit"A". 1. Tract SF: Single-Family Residential 89.70 acres 2. Tract A: Multi-Family Residential 18.30 acres 3. Tract B & C: Community Commercial 15.99 acres or Multi-Family Residential 4. Tract D: Recreation Area 3.00 acres 5. Tract E: Conservation Areas 7.00 acres 6. Lake Area 31.00 acres 7. Right-of-Way 27.00 acres 8. Future Livingston Road Right-of-Way 11.80 acres 9. FPL Easement 2.80 acres 10. Open Space/Buffer 2.58 acres Total 209.17 acres * * * * * * * * * * * * * 2.4 MAXIMUM PROJECT DENSITY No more than a maximum of 688 920 residential dwelling units, single and multi-family, shall be constructed in the total project area. The gross project area is 209.17 acres. The gross project density, therefore. will be a maximum of 2.87 4.40units per acre. * * 17-CPS-01661/110 Briarwood/PUDA-PL20170000007 7/19/17 Words struckeugh are deleted,words underlined are added. Page 4 of 6 9A SECTION SIX: AMENDMENTS TO SECTION VI, TRACT B & C: COMMUNITY COMMERCIAL, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 95-33,THE BRIARWOOD PUD Section VI, entitled "Tract B & C: Community Commercial," of the PUD Document attached to Ordinance No. 95-33, is hereby amended and attached hereto and incorporated herein as Exhibit B. * * * * * * * * * * * * * SECTION SEVEN: AMENDMENTS TO SECTION VII,TRACT B & C MULTIFAMILY RESIDENTIAL,OF THE PLANNED UNIT DEVELOPMENT DOCUMENT,ATTACHED TO ORDINANCE NO. 95-33,BRIARWOOD PLANNED UNIT DEVELOPMENT Section VII, Tract B & C Multifamily Residential, of the Planned Unit Development Document, attached to Ordinance No. 95-33, Briarwood Planned Unit Development, is hereby amended and attached hereto and incorporated herein-as Exhibit C. * * * * * * * * * * * * * SECTION EIGHT AMENDMENTS TO SECTION VIII, DEVELOPMENT STANDARDS, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 95-33, BRIARWOOD PLANNED UNIT DEVELOPMENT Section VIII, Development Standards, of the Planned Unit Development Document, attached to Ordinance No. 95-33, Briarwood Planned Unit Development, is hereby amended and attached hereto and incorporated herein as Exhibit D. * * * * * * * * * * * * * 17-CPS-01661/110 Briarwood/PUDA-PL20170000007 7/19/17 Words struck thraugli are deleted, words underlined are added. Page 5 of 6 4A SECTION NINE: AMENDMENTS TO SECTION IX, LANDSCAPE DEVELOPMENT, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 95-33, BRIARWOOD PLANNED UNIT DEVELOPMENT Section IX, Landscape Development, of the Planned Unit Development Document, attached to Ordinance No. 95-33, Briarwood Planned Unit Development, is hereby amended and attached hereto and incorporated herein as Exhibit E. SECTION TEN: —EFFECTIVE DATE 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 day of , 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk PENNY TAYLOR, Chairman Approved as to form and legality: IP Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A-1:_-Tract B & C Multi-family Master Plan Exhibit A-2: -Enhanced Type D Buffer for Radio and Livingston Roads for Residential Multi-family Development on Tracts B and C Exhibit B: Revised Section VI, Tract B and C: Community Commercial Exhibit C: Revised Section VII, Tract B & C Multi-family Residential Exhibit D: Revised Section VIII, Development Standards Exhibit E: Revised Section IX, Landscape Development 17-CPS-01661/110 Briarwood/PU DA-P L20170000007 7/19/17 Words struck-thfough are deleted, words underlined are added. Page 6 of 6 9A EXHIBIT A: PUD MASTER PLAN • w 4 1,Nvn USE SUMMARY /� TP'lc r S = = TRACT s*• swat FANCY RE57QENPAL 89.7 AC =` TRACT A: 1RALTTEA4Rr R£SIDfN77AL IaS AC TRACT a a 0 CQIMIIRV8TY COWER/CAL 1599 AC , MI 441 ME TRACT D: RECREATION AREA SDD AC TRACT E CDIVSERVAROW AREA 7.Q7 AC MEIAXE AREA 51.00 AC RIGHT-Of-WAY 700 AC • Frt k>r.�t>rr ' UNNOSTON ROAD RAI 71.60 AC • f t EASEUENT 280 AC =AV.111111 COON SPALL/Bl/iFE•R 258 AC TOTAL 20617 AC III - - PROJECT INTERCONNECT (TYP) JlnOr, D; saeis ii. MIN ia. emzsaliiiid .. li. 6 • .. o .• l•, w*-low Ir E • . 04 "a IIIMI MN S TRACT E " 04 /EU 110 IP. 1111 .IIIIF Olt ME 1.1 %11111 •: 0 MIN 0 2100 COO • em" millTg111 , zszall►i WI"MN 4ur IMP no En Eqpt er�� 4.RI 1111111 SI OM Mar is, ., 2f'IMEldEM1 N0.iis MN 00'IVO OlY1EA) r rAl 41 .Sr I 61 MP IIII IIIII um go IIII MI MaM. TY7NCA1 RDADWAV sEcnoN ni. al rik \ VANE 111 rail 1Ia : YAW.YA .CASE 7 j M7 cavmac a so R9lo CNN 1,:\i4 s7 TRACT A TRACT B & C LANE x£ sFCI(gy sorrow( .O e TRACT A _____________j_ _ __ Q RADIO ROAD BRilARWC3CD PUD BUTLER A PARCEL IN SECTION 31, T 49 S, R 25 E, COLUER COUNTY, FLORIDA RE-SUBMITTAL PDI-2003-AR-4061 PROJECT#19990137 DATE: 7/29/03 KAY DESELEM 1. n t7 `at %LE 41 L4 �w h IR I " z � v Lfl O a.Lt. xEE, W S Erm�w <¢ Wz = � W MZ O4 , s g IS re cv .-OE- xW COW V / ° FR a o O'E• E'- w W W Z O ai aNi O� ai voowdCZ07o�V¢az Z . cil i O' Q cri o 0 0 zRz5ozav0. c// 4fill 9 Ox .i E- aarg Wo C4 g et cc Waa0IllE4zW cii as ~N Z a u. Q a'ii rw¢OX Z4.j9 W w El UJ Q=0 in07F F- Ox04Q ¢ F_6 >- .�Yl OwA ¢ � oz a Qaz = 7-s'. L1 n.4 . f ° gzatgw 04¢ F wzawc jAw w 11' v xa LLgOzE- z ce)H OZywQ -zaxw w ► cc 0_ ¢ "aW LU ` nO2QWOvJ v _, " ^ % _ 1 O vWi LL O > w M . = W i I Z _I CO LLI LA O Y W i, La V Lei J 4— Y 52uga ,y„ ( n0 � say • a - §Pell J1 a as v oc ' Z om6 N w � � a 4W-►- I g r 5 F :` Sixes 111 / I Io x CD 0,_<to ›. i i 1 11 2 TRACT R--- / W I O i� I��I 11!!: 'l w U II/ w �a F ¢/ -1/ O W Q p:uiii" / = Wog/ Va, o/ .7.. x ? �� C4) Qa 1 Nw p � a 4.1 �i -w p ¢L m w I ,_W K �(UyyjJJ 5'apQ m 5¢W aA E -1 Qp N II- Q.Q Il m Z a: Q W O{y] O^� I-WjW \ W W u_ LuO WrV� �j(�W U' C7� AW i�i0 U>c4 \\2U W Z W J ›.z•< �'� 0. zi I— Q E u7odz�a O a D Oa -.'i'u4 )) I ill 04D 8L'8'd 4Z'JdILL'8'd M02I.00[ I 0 f 64R-6C LZ'Jd 9L9L'a'0 498•Z98'0d ZOSL'a0 1N3VOSV3 3DYNNaa 8 ININGSV3 30VNIY80 CW011 NOISONJAI'I ug nun'avoa zoos a,WIIln'Pv0a.0'00L I I d J w :111 444.1 ...N—_._.y..I._...., r1,4 C14_ _,.n.a.M.,,r,. i co T 8- ,. ,. E= Ey m m E =a o m m L NL LN P- -, JJJ� mQn A N N m 0) m Q m m '0'0,SZ Wf1WINIW IV S33H1 0 0 Z Q J 0- CC CC w _ I; • ..1-1m1001111 •a lit lair—Ii— 4 44-- 0-0144110 • vo40 0....eivivitry am <L • 11110t 7 a uj ❑ � _ _ w r —.. 3NI1UUM3d0ild.. ..—._._..—.._.. - -.—..— U Z Z � a M < Z U wv) sr.- p Q ill Z W W Q a 0 -I CC W r 12 I ce D LL o O w how 00u cnaU o LLIaz °es U O J CC 11.1 3 b = J 0 2828 E2 'ioci c`m co°' =- c° oA� N Emvi d 0 w Z Z co- <a - .5-a5 fi min��Ewt „,J,_N WH OI =UmL y 0aLL m Ec . A N _,oIi = o m2 /WL a 0 O�y 10 9 0 5 co N N cS- m N f=0_ f=0 ; 7 N 0 EJ2lo]o8gil' E �� roc�E9mN oo cE Z LLI F': 4 0 -2 13 N m N _m.e O f0 s f0 C a, m 0)y L 3 N 0 q= :E 0 Q ...I CO /y n ri L aEc ZU m- ¢ m'E' m��.P 0 2 cc 8 W CO o $ a u me m m W LL 0O u Uo E oO 'o Los a 9A EXHIBIT B SECTION VI TRACT B & C: COMMUNITY COMMERCIAL 6.1 PURPOSE The purpose of this Section is to set forth the plan and regulations for the areas designated on Exhibit "A" as Tract B & C, if developed as commercial with no residential uses. Goiiiinuility Commercial, Tract B & C shall either be developed as multi-family residential pursuant to Section VII and Exhibit A-1 and A-2 or as commercial pursuant to Section VI. 6.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses if Tract B &C are developed solely as commercial: (1) Restaurants—No drive-ins. (2) Cocktail lounges and retail package sales of liquors and other beverages,no drive- ins, subject to the provisions of the Collier County Land Development Code. (3) Retail shops, shopping centers and stores. Retail shops, shopping centers and stores may include incidental processing and repair activities, provided they are accessory and subordinate to the retail sales use, and provided that all storage, processing and repair of merchandise occurs within the principal building except that such uses as garden shops may be outside but within a totally fenced area connected to the principal building. (4) Financial institutions. (5) Golf driving ranges. (6) Professional, business, financial, utilities offices and services. (7) Medical offices and clinics—for humans. (8) Barber and beauty shops. (9) Shoe repair shops. (10) Laundry and dry cleaning pickup establishments and self-service laundry. (11) Retail bakeries. [17-CPS-01661/1347111/1163 7/10/17 Words stfusli-thfeugh are deleted,words underlined are added. (12) Tailoring, millinery, garment alteration and repair. (13) Museums. B. Accessory Uses: (1) Accessory uses and structures, customarily associates with the uses permitted in this district. (2) Signs as permitted by County Ordinance. C. Conditional Uses if Tract B &C are developed solely as commercial: The property may be used for the following conditional uses subject to 2.7.4, Conditional Use Procedures of the Collier County Land Development Code: (1) Transient lodging facilities with a minimum of twenty(20)dwelling units. (2) Schools and Colleges. (3) Private Clubs, subject to the provisions of the Collier County Land Development Code. (4) Motion picture theaters and live theaters—no drive-ins. (5) Commercial and private parking lots and parking garages. (6) Service Station, subject to the provisions of the Collier County Land Development Code. 6.3 REGULATIONS 6.3.1 Minimum Lot Area:None 6.3.2 Minimum Lot Width: None 6.3.3 Minimum Yards: A. Radio Road Frontage— Twenty-five (25) feet measured from the North boundary of Radio Road right-of-way which shall be the Radio Road right-of-way as of January 1, 1975, long with twenty-five (25) feet set aside in this Ordinance. Such yard shall not be used for permanent structures and the first fifteen(15) feet north of the new right-of-way shall be landscaped green belt. B. Tract boundary lines and dedicated roads other than Radio Road—twenty-five (25) feet, (no parking shall be allowed nor any merchandise stored or displayed in the outer fifteen(15) feet). C. Separation between structures — one-half(1/2) of the sum of the heights of the structures. [I7-CPS-01661/1347111/1]63 7/10/17 Words struslk-dough are deleted,words underlined are added. 9a 6.3.4 Minimum Floor Area: 1,000 square feet per building on the ground floor. 6.3.5 Maximum Height: 30 feet above finished grade. 6.3.6 Maximum Floor Area: Twenty percent(20%)of Commercial land area. 6.4 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING Off-street parking and off-street loading shall conform to the requirements of the Collier County Land Development Code. 6.5 FUTURE RIGHT-OF-WAY REQUIREMENTS A parcel of land parallel to Radio Road —twenty-five (25) feet in width shall remain as an unused part of Tracts B and C so that it may become a part of any future expansion of Radio Road. The additional right-of-way (twenty-five(25) feet along Radio Road) will be dedicated to the appropriate governmental agency at the time of the expansion of Radio Road. 6.6 ACCESS TO RADIO ROAD AND FUTURE LIVINGSTON ROAD One access drive may be permitted from Tract B and Tract C connecting with Radio Road in that even such connections shall be at least five hundred (500) from the centerline of Briarwood Boulevard. Tracts B and C shall may also have one connection to future Livingston Road. 6.7 ACCESS TO BRIARWOOD BOULEVARD In the event that Aaccess from Tracts B and C is provided to Briarwood Boulevard, such access shall be limited to one (1) driveway. - - . .-- - •--- - • Access from Tract A — Parcel 2 of 2 to Briarwood Boulevard shall be limited to one (1) • driveway. 6.8 DEVELOPMENT STANDARDS GOLF DRIVING RANGE A. The hours of operation for the golf driving range shall be limited to the hours of 8:00 a.m. to 8:00 p.m. B. A 100-foot setback shall be provided along the northwest property line for which no structures shall be placed or play area conducted. C. Safety netting or fencing shall be required along the Radio Road frontage to protect this roadway as necessary to ensure public safety. D. If the golf driving range use is still in existence at the time of construction of Livingston Road along the westerly edge of the parcel, then the ball netting shall (17-CPS-01661/1347111/1]63 7/10/17 Words strusk-thr-eugh are deleted,words underlined are added. - 9A be extended to protect the entire Livingston Road frontage as necessary to ensure public safety. E. Adequate protective netting shall be installed along the Radio Road frontage of the chipping green. F. Landscaping, including hedging, shall be provided along the perimeter of any required safety netting. Trees adjacent to the required safety netting shall be placed on 20 foot centers and shall reach a height of 15 feet in 2 years from the time of installation. G. Landscaping shall only be required to exceed the current provisions Div. 2. 4 of the Collier County Land Development Code, adjacent to the required safety netting. H. Landscaping required in excess of the requirements of the Collier County Land Development Code for the safety netting will only be required to be maintained as long as the driving range is in operation. [17-CPS-01661/1347111/1]63 7/10/17 Words struck through are deleted,words underlined are added. 9A EXHIBIT C SECTION VII TRACT B & C: MULTI-FAMILY RESIDENTIAL 7.1 PURPOSE The purpose of this Section is to set forth the plan and regulations for the areas designated on Exhibit "A" and Exhibit "A-1" as Tract B & C, if developed as multi-family residential, with no commercial uses. Tract B and C shall either be developed as multi-family residential pursuant to Section VII or as commercial pursuant to Section VI. 7.2 USES PERMITTED if Tract B& C are developed solely residential. A. Principal Uses Multi-family residential uses, up to 320 dwelling units. B. Accessory Uses 1. Recreational uses and facilities that serve the residents of Tract B & C, such as swimming pools, tennis courts, bocce ball, volleyball courts, walking paths, picnic areas, dog parks, playgrounds, fitness centers, and recreation/amenity buildings. 2. Customary accessory uses and structures to residential units, including carports, garages, utility buildings, carwashes, and solid waste and recycling facilities. 3. Temporary sales trailers and model units. 4. Entry gates and gatehouses. 4-5.Stormwater management treatment, conveyance facilities,and structures, such as berms, swales,and outfall structures. 7.3 DEVELOPMENT STANDARDS Table 1 sets forth the development standards for multi-family residential on Tract B & C as shown on Master Plan. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code in effect as of the date of approval of the Site Development Plan or Subdivision plat. [17-CPS-01661/1347195/1164 Words strati are deleted,words underlined are added. 7/19/17 9A TABLE 7.3 Development Standards Mal# F iiIy Accastory Clubfiouset 4i er Min. Lot Area 10,000 SF per building N/A N/A Min. Lot Width 90 feet N/A N/A Min.Floor Area 750 SF per unit N/A N/A Min. Yards—External,Measured from Tract 8°404* From Radio Road 30 feet SPS* SPS From Livingston Road 35 feet SPS* SPS From Preserve** 25 feet 10 feet 25 feet From Tract D-1 --Recreation** 30 feet 10 feet SPS From Tract B-I —Multi-family** 30 feet 15 feet SPS From Tract L-1 —Lake** 30 feet 20 feet SPS Min.Yards-Internal to.Tract&.B&C t Min. Yards adjacent to internal paved 0 feet for vehicular access, SPS 20 feet vehicular use areas otherwise 10 feet Min. Side Yard 10 feet SPS SPS Min. Waterbody Setback 20 feet SPS 0' bulkhead,otherwise 20 feet Min. Distance between Structures 10 feet SPS SPS Max. Building Height—Zoned 4 stories/55 feet 25 feet 2 stories/35 feet Max. Building Height Actual 62 feet 35 feet 42 feet S.P.S..=Same as Principal Structures;NTE-Not to Exceed;S.F.=Square Feet * Except for one-story garages and carports which shall be setback a minimum of 15 feet **Tracts as identified in Briarwood Unit One Plat recorded in Plat Book 18,Pages 40-42 7.4 DEVIATIONS Deviation 1: From L.,DC Section 4.06.02 C,Types of Buffers, which sets forth required buffer types and widths, to allow the required 20' Type D buffer width along Livingston and Radio [17-CPS-01661/1347195/1]64 Words str-uek-t#rough are deleted,words underlined are added. 7/19/17 Roads to be reduced to 10', with enhanced plantings consistent with Exhibit A-2. This deviation • is only applicable in the event Tract B & C is developed as multi-family. (17-CPS-01661/1347195/1164 Words strueli-thr-eugh are deleted,words underlined are added. 7/19/17 9 it EXHIBIT D SECTION VIII DEVELOPMENT STANDARDS 78.l PURPOSE The purpose of this Section is to set forth the standards for the development of the project. 78.2 GENERAL All facilities shall be constructed in strict accordance with the Briarwood Development Plan and all applicable State and local laws, codes and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the Collier County Land Development Code in effect at the time of approval of the record plan shall apply to this project. 78.3 BRIARWOOD DEVELOPMENT PLAN A. Exhibit "A", Briarwood Development Plan, illustrates the proposed development, and the location of the temporary sewage treatment facilities as permitted by Sections III and V of this document. B. Except for such definitive facilities and demarcations as street Iocations, tract boundaries, etc., the design criteria and system design illustrated on Exhibit "A" and stated herein shall be understood as flexible so that the final design may best satisfy the project, the neighborhood and the general local environment. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in the project. 78.4 PROJECT DEVELOPMENT The proposed development is illustrated by Exhibit"A". The proposed construction shall comply with the standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of cul-de-sac at street ends, screens, signs, landscaping, erosion control and other similar-in-function facilities shall be taken to accomplish the above set forth objective. 78.5 CLEARING, GRADING, EARTHWORK, AND SITE DRAINAGE All clearing, grading, earthwork,and site drainage work shall be performed in accordance with all applicable State and local codes. f17-CPS-01661/1347212/1165 Words 4r-06k-through are deleted,words underlined are added. 7119/17 9 A The three (3) designated conservation areas in the project will be protected during construction with fencing and posting. The haul roads will be identified, and the contractor will adhere to these roads, which will be stabilized if sand traps occur. 78.6 STREET CONSTRUCTION All public street design and construction shall meet the Collier County standards that are in effect at the time of approval of the record plat. Briarwood Boulevard shall be constructed as a four lane dived section from Radio Road along the length of Tract A - Parcel 2 of 2 with a transition to a two lane section within • three (300) feet north of the property line of Tract A - Parcel 2 of 2. The remainder of Briarwood Boulevard and all other streets shall be constructed as two lane sections. A bicycle path shall be constructed along Briarwood Boulevard from Radio Road to the intersection of Briarwood Boulevard with Progress Avenue and future Livingston Road. 78.7 EASEMENTS FOR UNDERGROUND UTILITIES Easements for underground utilities such as power, telephone, TV, cable, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing of the easements for installation of underground utilities shall be selective so as to protect the maximum number of trees and natural vegetation. • 78.8 UTILITY DIVISION • A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Land Development Code, as amended, and other applicable County rules and regulations. B. AH • _ to the to he constructed w ' . i ---County in--accordance-with the County-s estublisl —he in a position to--provide water-argil=or sewer= services -te-the-project,-the-water -------mow-sewer customers shall he customers of the interimutility �:tstahli-shed . serve the • • ' • facilities- are available to seri e the project. C. It is anticipated that the County Utilities Division- ' a water to meet • . - . . . . • .. -. . - .. gener-at-ed..k -th project -Shotaid,--the'ourty-system-not-be in-a-position to supply petohle wait • .. • • • .. receive the project's wastewater at the time • • .s. the Developer, at his expense, will install and operate interim--wate -sappl-y-and-ono e-treatment t.:cih4 andI+w-n tef'in1--ensrte--*wage • ' • . r meet all - . appropriate regulators agencies. An-• - • he entered into between the [17-cps-o1661/1347212/1165 Words struckgh are deleted,words underlined are added. 7/19/17 County and the '-);oper-hinding ••eo-tom.-Dt e eper,-1 i. assigns . s regarding any interim tre•itment facilities to be utiliz - -- f -t -projeet-&nd-be ' t#-h r-ega+renents-e f-the Ctl-ier---t ty serve the project, it must be properly sized to supply average peak day domestic de+na+4-m-adf m-to--hre Clow—dein' . . . . . ed by-the-appropriate-Fife Control District servicing the project area. f . The existing offsite water facilities of the District must be evaluated for hydraulic eapaeit-y=-to- -4his-pry--and--rei ced as -+equired-eonsistett-with the hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's ex.• _ - • of ite-wetter-4ist+ihut -eft--tt e-t e-pro eet-shall-be--eonneete� 't:: t District's twelve (12) inch-wtended-to and r l tt the protect:-termir tit - - - - 1 • the--t--ti4ities ... i ern with-the-findings-of-Item-13-above. During design • .. . - , = ; . distri-butiontenti 1. Dead end mains shall be eliminated by looping the intertud--pipeline network. 2-----Stabs--liar-future system inter :#tel be provided along the east property line of the project, at locations to be of the County Water Master Plan is required pursuant to Items E & F the Developer shall-enter- into an-.Agreement with the Collies-C'enntti Water Sewer -District for that work. The Agreement must be finalized and accepted by the District prior to the approval of const for the project by the County. ti --- e- ct-ility construction .etiments for the project's-eos - erage-system--:ill ----4c - .' .• - connect the project to the future central sewerage facilities of the District at Pump-Station 3.1-0, to be located-oft--Tract 10 of the Foxfire Subdivis . . .. - - - - _ - station to a point- -- - .• _ - ' 7 . I-the--Utilities !' • • - , unless the C< =-s central sewer facilities. - to the onsite main pump station with appropriately located valves to permit the 117-CP5-01661/1347212/1165 Words str-tieaE-through are deleted,words underlined are added. 7/19/17 9A min}pie fedi tion--- --the -pr jest's- Wa to whet}--eonneetie n to the-(:otinty'-s --central sewer facilities becomes available. Ultimate connection to the County'-s - sewerage fiacilitics will be the responsibility of the Developer pursuant to the — - retjui-red-A-greement regarding the-use--a-an-interim-se\va e_treatmen e -tis specified in Item 3 above. The-util • - . •Or the project's-of • - -sl141 be-Irepa.•l :".r•T zlart l sewage ultimately flowing to the District's Master Pafttp s;tatii?ri ? e 1-1�1-is-t+af r�ai4 -1 {me- -l) main- onsite ptti p 4atien. Developer's engineer shall meet with the County staff prior to--eo-trtmencing preparatiow-ofeenstruction drawings, so that all aspects of-the sewerage system design—can be coordinate-District's itn4- Sewer Master Plan.- 78.9 SOLID WASTE DISPOSAL Arrangements and agreements shall be made with an approved solid waste disposal service to provide for waste collection service to all areas of the project. 78.10 OTHER UTILITIES Telephone, power and TV cable service shall be made available to all residential areas. All such utility lines shall be installed underground. 713.11 TRANSPORTATION A. The main entrance to the residential portion of the project (designated Briarwood Boulevard on the site plan) shall be in alignment with the main entrance to Foxfire Subdivision). B. The developer shall provide a fair share contribution to the capital cost of a traffic signal on Radio Road at the main entrance to the project when deemed warranted by the Transportation Administrator. The signal shall be owned, operated and maintained by Collier County. C. The developer shall provide left and right turn lanes on Radio Road at the main entrance to the project. This construction shall be coordinated with the four laning of Radio Road. D. l'he commercial tract Tract B and C shall be limited to one access to Radio Road and one access to the-future--Livingston Road. K c al--of-thee-+acees,e at-this • lime does not imply that median openings will be permitted -. • • f}tit-tatted. Appropriate turn lanes shall be pr -at--each access. E. The developer has dedicated twenty-five (25) feet of additional right-of-way throughout the project's Radio Road frontage and one hundred (100) feet of right- , of-way along the section line at the project's western boundary. 117-CPS-01661/1347212/1]65 Words struck through are deleted,words underlined are added. 7/19/17 iI • F. These improvements are considered "site related" as defined in Ordinance 92-22 as amended and shall not be applied as credits toward any impact fees required by that ordinance. 78.12 ARCHITECTURAL REVIEW All buildings constructed within Briarwood must comply with the architectural review standards which shall be specified by the recorded covenants and deed restrictions that go with the properties. 78.13 ACCESSORY STRUCTURES Accessory structures must be constructed simultaneously with or following the construction of the principal structure and shall conform with the setbacks of the principal structure. 78.14 SIGNS All signs shall be in accordance with the Collier County Land Development Code. 78.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for offstreet parking areas, shall be in accordance with Section 2.4 of the Collier County Land Development Code. 78.16 PARKING, STORAGE, OR USE OF MAJOR RECREATIONAL EQUIPMENT Major recreational equipment is hereby defined as including boats and boat trailers, horse trailers, pickup camper or coaches (designed to be mounted or motorized vehicles), motorized dwellings or motor homes, tent trailers, popout campers, houseboats, and the like, and cases or boxes used for transporting recreational equipment, whether containing such equipment or not.No major recreational equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residentially zoned lot or in any location not approved for such use. Major recreational equipment may be parked or stored only in a completely screened area and cannot be seen from the exterior of the lot; provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed twenty-four(24)hours during loading and unloading. 78.17 PARKING COMMERCIAL VEHICLES IN RESIDENTIAL AREAS A. It shall be unlawful to park commercial vehicle on any lot in a residential zoned district unless one of the following conditions exists: (1) The vehicle is engaged in a construction service operation on the site where it is parked. The vehicle must be removed as soon as the construction or service activity has been completed. (2) The vehicle is parked in a garage, carport, or fully screened area and cannot be seen from the exterior of the lot. [17-CPS-01661/1347212/1)65 Words strut gh are deleted,words underlined are added. 7/19/17 -79 A (3) Automobiles, vans, pick-up trucks having a rated load capacity of less than one ton, shall be exempted from this Section. 78.18 WATER MANAGEMENT A. The project shall be designed and constructed so as to direct the surface runoff from all areas of the project through the project water management system. B. A dry season pool may be maintained in the lakes portions of the project by pumping from the Golden Gate Canal. All required permits shall be obtained prior to pumping. C. Detailed site drainage plans shall be submitted to the Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Project Review Services. D. An Excavation Permit will be required for the proposed lake(s) in accordance with Di 4sk n- 3.5 of the Collier County Land Development Code and South Florida Water Management District rules. E. Copies of the approval from South Florida Water Management District for the conceptual plan and construction/operations permit for each phase of construction sites be provided. F. A revised Master Plan reflecting the relocations of Lakes 1, 2 and 7 to meet the requirem:rw; of-Scetion. 3.5 of the Collier County Land Development Code shall be submitted. The typical lake section shall also be planned to meet the requirements of the Collier County Land Development Code. G. All lakes will be "developer type" excavations unless commercial uses are intended and identified in the PUD document. 78.19 EXTERNAL ANTENNAS Antennas, including but not limited to T.V., C.B., F.M. and ham radio antennas, shall not be permitted to be located external to the principal or accessory structures in residential districts. 78.20 ENGINEERING A. No development activity shall begin prior to approval of final details plans, plats or Final SDPs. Excavation work may begin only upon specific agreements between the County and the applicant relating to quantity, location, clearing, submission of final plans, bonding,etc. [17-CP5-01661/1347212/1165 Words stfuelf-tlafeegh are deleted,words underlined are added. 7/19/17 9A B. All required Right-of-Way for Livingston Road and Radio Road shall be dedicated to the County prior to approval of construction plans for any tract. However,the dedication may be part of the first plat. C. Progress Avenue shall not be connected to the internal roadway system until Livingston Road is built. D. A Preliminary Subdivision Plan submission shall be required, in accordance with Division 3.2 Subdivisions, of the Collier County Land Development Code as amended or superseded, on all tracts as they are individually developed. The submission will be administratively reviewed by staff prior to construction plan submission by the applicant. If the tract is not intended to be subdivided, the applicant will submit an SDP application. E. No variances to the subdivision regulations are requested, none given. F. Conservation areas shall be placed under conservation easements by separate easement or tract. Setbacks set forth in Section 3.2.8.1.7.3- the Collier County Land Development Code shall be maintained from conservation areas. 78.21 ENVIRONMENTAL STIPULATIONS A. The PUD shall be in compliance with the environmental sections of the Collier County Land Development Code and Growth Management Plan, Conservation and Coastal Management Element at the time of final development order approval. B. In conjunction with Florida Game and Freshwater Fish Commission (FGFWFC), Petitioner shall transfer the gopher tortoises to the conservation areas and/or leave the tortoises where they are presently located. This is also in accordance with Policies 1-.-1,-.5—and 4-of the Collier County Conservation and Coastal Zone Management Element. C. Petitioner shall designate the three (3) areas along the western border of the site (the cypress wetland, xeric habitat, and cabbage palm hammock) as conservation areas. These areas shall be so designated on all subsequent site plans. Buffer zones, at least ten (10) feet wide (twenty (20) feet wide for Parcel 1 of 3 in Tract E), shall also be established around each conservation area and shall be designated on all future site plans. D. Development shall be in compliance with the provisions of Section 3.9.5.5.3 of the Collier County Land Development Code. Should any areas be required to be set aside for preservation to implement this provision, they shall not result in the reduction of density, or preclude the development of any single family uses identified on the PUD Master Plan and set forth in Exhibit A. Areas required to be set aside for preservation areas shall be platted as preserve areas. [17-CPS-01661/1347212/1j65 Words str-ut-k-through are deleted,words underlined are added. 7/19/17 9ti 8.22 PERMITTING A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance • of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B. All other applicable state or federal permits must be obtained before commencement of the development. [17-CPs-01661/1347212/1165 Words are deleted,words underlined are added. 7/19/17 EXHIBIT E SECTION VIII IX LANDSCAPE DEVELOPMENT 89.1 PURPOSE The purpose of this Section is to establish guidelines for the preservation of certain natural resources. 59.2 OBJECTIVE To enhance the quality of the environment for future residents of this development and the community as a whole by: A. Establishing guidelines for maximum utilization of existing natural vegetation within the development plant. B. Preservation of Tract E — three (3) conservation areas, in a natural unaltered condition. C. Establishing guidelines for re-vegetation of cleared areas. 89.3 LANDSCAPE DEVELOPMENT 59.3.1 Single Family Dwelling Sites: With the exception of platted portions of Unit One and Unit Two, all future single family development areas shall be in compliance with Division 2.4 of the Collier County Land Development Code. 59.3.2 Multi-Family, Streets and Right-of-Way and Commercial: (to include Tracts A, B and C) All landscaping for multi-family, and commercial tracts and streets and rights-of-ways shall be in accordance with Division 2.1 of the Collier County Land Development Code. 89.3.3 Tract E—Conservation Areas: A. Function: Preservation of an invaluable natural resource community. Provide an opportunity for study and enjoyment of the community. B. Treatment: Total protection of flora and fauna. Prohibit vehicle and construction equipment access. Removal of obnoxious exotics. Prevent removal of valuable plant life. (17-CPS-01661/1347216/1167 Words str-u4gh are deleted,words underlined are added. 6/26/17 • 9A 59.3.4 Florida Power& Light Right-of-Way: This area has been totally cleared and has been stabilized with Bahia grass. This area may be used in part as open space and shall be vegetated with appropriate grasses. 59.3.5 Lakes: A. Function: Provide water retention, recreations and visual quality for the community. B. Treatment: On completion of construction, lake banks will be re-vegetated with durable grasses to control erosion. [17-CPS-01661/1347216/1]67 Words struck through are deleted,words underlined are added. 6/26/17 9A Teresa L. Cannon From: Minutes and Records To: VelascoJessica Subject: RE: BCC Advertisement Request PL20170000007 Will send proof when I receive it. From:VelascoJessica [mailto:JessicaVelasco@colliergov.net] Sent: Wednesday,August 16, 2017 5:53 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com>; Bellows, Ray<RayBellows@colliergov.net>; Bosi, Michael <MichaelBosi@colliergov.net>; Kendall, Marcia <MarciaKendall@colliergov.net>; PageErin<ErinPage@colliergov.net>; Neet,Virginia <VirginiaNeet@colliergov.net>; Rodriguez, Wanda <WandaRodriguez@colliergov.net>; Smith, Camden <CamdenSmith@colliergov.net>; Reischl, Fred <FredReischl@colliergov.net> Subject: BCC Advertisement Request PL20170000007 Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, c? ri'aa Velaamaao Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 9A Acct #068779 August 17, 2017 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PL20170000007 — Briarwood PUD Dear Legals: Please advertise the above legal notice on Wednesday, August 23, 2017 and send the Affidavit of Publication, in duplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500176563 9A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on September 12th, 2017, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance.The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 95-33, THE BRIARWOOD PUD, AS AMENDED, TO ADD 320 MULTI- FAMILY DWELLING UNITS IN TRACT B & C: MULTI-FAMILY RESIDENTIAL AS AN ALTERNATIVE TO COMMERCIAL DEVELOPMENT ON TRACT B & C: COMMERCIAL COMMUNITY; TO ADD DEVELOPMENT STANDARDS FOR TRACT B & C MULTI-FAMILY RESIDENTIAL; TO ADD EXHIBIT A-1 TRACT B & C MASTER PLAN AND EXHIBIT A-2 ENHANCED TYPE D BUFFER FOR PROPERTY CONSISTING OF 209.17± ACRES; LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD, NORTH OF RADIO ROAD, IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. (PL20170000007) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR,CHAIRMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon Deputy Clerk(SEAL) f , , �_ _U_ 9 A Cody 9f CO lier CLERK OF THE C RC IT COURT COLLIER COUNT 'COUR OUSE 3315 TAMIAMI TRL E STE 102 Dwight E.Brock- $ -rk of Clircuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 _I' 1 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor '!N C,stodian of County Funds August 23, 2017 Hole Montes, Inc. Robert Mulhere, FAICP 950 Encore Way Naples, FL 34110 Re: PL20170000007 — Briarwood PUD Dear Petitioner, Please be advised the above referenced petition will be considered by the Collier County Board of County Commissioners Tuesday, September 12, 2017, as indicated on the enclosed notice. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, August 23, 2017. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Cil . CP---V\_)\-k_ - ---- eresa Cannon, Deputy Clerk Enclosure I Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com 9A Teresa L. Cannon From: Teresa L. Cannon Sent: Thursday, August 17, 2017 9:34 AM To: Naples Daily News Legals Subject: PL20170000007 - Briarwood PUD Attachments: PL20170000007 (BCC 9-12-17).doc; PL20170000007 (BCC 9-12-17).doc Legals, Please advertise the attached Legal Ad on Wednesday,August 23,2017.Thanks Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@ col lierclerk.com 1 9A Teresa L. Cannon From: legals@naplesnews.com Sent: Friday,August 18, 2017 10:49 AM To: Teresa L. Cannon Subject: Ad: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCZONINGD-29-1726876-1.pdf Attached is the document you requested. Please review for yoru approval and let us know if you have any questions. Thank you. 9A ow 41P > Ad Proof Datill rill Sales Rep:Mereida Cardenas(N9103) Phone: Email: 1111111=11211 —N1111111111111111111=111111 Date:08/18/17 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at . Ad Id: 1726876 P.O.No.: Total Cost:$422.85 Contact Name: Email:martha.vergara@collierclerk.com Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:08/23/17 Stop Date:08/23/17 Phone:(239)774-8049 Fax:(239)774-6179 Number of Times: I Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 9A I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on September 12th,2017,in the Board of County Commissioners Meeting Room, Third Floor,Collier Government Center,3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 95-33, THE BRIARWOOD PUD, AS AMENDED, TO ADD 320 MULTI-FAMILY DWELLING UNITS IN TRACT B & C: MULTI- FAMILY RESIDENTIAL AS AN ALTERNATIVE TO COMMERCIAL DEVELOPMENT ON TRACT B & C: COMMERCIAL COMMUNITY; TO ADD DEVELOPMENT STANDARDS FOR TRACT B & C MULTI- FAMILY RESIDENTIAL; TO ADD EXHIBIT A-1 TRACT B & C MASTER PLAN AND EXHIBIT A-2 ENHANCED TYPE D BUFFER FOR PROPERTY CONSISTING OF 209.17± ACRES; LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD,NORTH OF RADIO ROAD, IN SECTION 31,TOWNSHIP 49 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. (PL20170000007) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you area person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR,CHAIRMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon Deputy Clerk(SEAL) August 23,2017 No.1726876 9A Teresa L. Cannon To: NeetVirginia; VelascoJessica; camdensmith@colliergov.net; Reischl, Fred (FredReischl@colliergov.net) Subject: FW: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCZONINGD-29-1726876-1.pdf Please review PL20170000007 Original Message From: legals@naplesnews.com [mailto:legals@naplesnews.com] Sent: Friday, August 18, 2017 10:49 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: Ad: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review for yoru approval and let us know if you have any questions. Thank you. 1 9A Teresa L. Cannon From: VelascoJessica <JessicaVelasco©colliergov.net> Sent: Monday,August 21, 2017 11:17 AM To: Minutes and Records Cc: Rodriguez,Wanda; Smith, Camden; Reischl, Fred Subject: FW: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: RE: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Good Morning, We have received both planner and agent approval for this advertisement. Respectfully, Jessica Velasco Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division • P: 239.252.2584 jessicavelasco@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From: Bob Mulhere [mailto:BobMulhere@hmeng.com] Sent: Monday, August 21, 2017 11:05 AM To: ReischlFred <FredReischl@colliergov.net>;VelascoJessica <JessicaVelasco@colliergov.net>; Stephanie Karol <StephanieKarol@hmeng.com> Cc: SmithCamden <CamdenSmith@colliergov.net> Subject: RE: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Looks fine to me. Bob Mulhere, FAICP Vice President, Planning Services HOLE MONTES 239-254-2000 Direct: 239-254-2026 Cell: 239-825-9373 Original Message From: ReischlFred [mailto:FredReischl@colliergov.net] Sent: Monday, August 21, 2017 10:53 AM To:VelascoJessica; Bob Mulhere; Stephanie Karol Cc: SmithCamden 1 Subject: RE: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Looks good Fred Reischl,AICP Principal Planner 239-252-4211 2800 North Horseshoe Drive Naples, FL 34104 www.colliergov.net Original Message From:VelascoJessica Sent: Friday,August 18, 2017 11:18 AM To: Bob Mulhere; Stephanie Karol Cc: SmithCamden; ReischlFred Subject: FW: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Importance: High Good Morning Bob, I have received the Naples Daily News Ad proof for the 9/12 BCC Hearing. Please review and send in your approval in writing via email. If you'd like to make any changes to the title, please send in your suggested revisions. If you have any questions, please let me know. Respectfully, Jessica Velasco Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@colliergov.net Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Friday, August 18, 2017 10:57 AM To: NeetVirginia <VirginiaNeet@colliergov.net>; VelascoJessica <JessicaVelasco@colliergov.net>;SmithCamden <CamdenSmith@colliergov.net>; ReischlFred <FredReischl@colliergov.net> Subject: FW: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Please review PL20170000007 2 9A Teresa L. Cannon From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Monday, August 21, 2017 2:07 PM To: Minutes and Records Cc: VelascoJessica; Colli, Marian Subject: FW: 1726876, NOTICE OF PUBLIC HEARING NOTICE - Briarwood PUDA Attachments: BCCZONINGD-29-1726876-1.pdf; FW: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I All approvals received, this ad proof is good to go. 'Wanda Rodriguez, MCP .Advanced Certified ParaCegaf Office of the County.Attorney (239)252-8400 Original Message From: AshtonHeidi Sent: Monday, August 21, 2017 2:03 PM To: RodriguezWanda <WandaRodriguez@colliergov.net> Subject: RE: 1726876, NOTICE OF PUBLIC HEARING NOTICE - Briarwood PUDA Approved. Heidi Ashton-Cicko Heidi Ashton-Cicko Managing Assistant County Attorney Office of the Collier County Attorney 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 (239) 252-8400 Original Message From: RodriguezWanda Sent: Monday, August 21, 2017 1:39 PM To: Ashton Heidi <HeidiAshton@colliergov.net> Subject: FW: 1726876, NOTICE OF PUBLIC HEARING NOTICE - Briarwood PUDA Heidi, 9A Applicant and planner approval has been received, just waiting on yours. Wanda Rodriguez, ACP Advanced Certified Paralegal Office of the County Attorney (239) 252-8400 Original Message From: CrotteauKathynell Sent: Friday, August 18, 2017 2:49 PM To: AshtonHeidi <HeidiAshton@colliergov.net> Cc: StoneScott <ScottStone@colliergov.net>; RodriguezWanda <WandaRodriguez@colliergov.net> Subject: FW: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Heidi: The ad proof is correct per the 6-16-17 TO Title. Kathy Crotteau, Legal Secretary Office of the Collier County Attorney Phone: (239) 252-8400 kathynellcrotteau@colliergov.net Original Message From: NeetVirginia Sent: Friday, August 18, 2017 11:07 AM To: Ashton Heidi <HeidiAshton@colliergov.net> Cc: CrotteauKathynell <KathynellCrotteau@colliergov.net>; RodriguezWanda <WandaRodriguez@colliergov.net> Subject: FW: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Heidi: For your approval. 2 9A Dinny Original Message From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Friday, August 18, 2017 10:57 AM To: NeetVirginia <VirginiaNeet@colliergov.net>; VelascoJessica <JessicaVelasco@colliergov.net>; SmithCamden <CamdenSmith@colliergov.net>; ReischlFred <FredReischl@colliergov.net> Subject: FW: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Please review PL20170000007 Original Message From: legals@naplesnews.com [mailto:legals@naplesnews.com] Sent: Friday, August 18, 2017 10:49 AM To: Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: Ad: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review for yoru approval and let us know if you have any questions. Thank you. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 9A Teresa L. Cannon From: VelascoJessica <JessicaVelasco@colliergov.net> Sent: Monday, August 21, 2017 11:17 AM To: Minutes and Records Cc: Rodriguez,Wanda; Smith, Camden; Reischl, Fred Subject: FW: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: RE: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Good Morning, We have received both planner and agent approval for this advertisement. Respectfully, Jessica Velasco Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From: Bob Mulhere [mailto:BobMulhere@hmeng.com] Sent: Monday,August 21, 2017 11:05 AM To: ReischlFred <FredReischl@colliergov.net>;VelascoJessica <JessicaVelasco@colliergov.net>; Stephanie Karol <StephanieKarol@hmeng.com> Cc: SmithCamden <CamdenSmith@colliergov.net> Subject: RE: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Looks fine to me. Bob Mulhere, FAICP Vice President, Planning Services HOLE MONTES 239-254-2000 Direct: 239-254-2026 Cell: 239-825-9373 Original Message From: ReischlFred [mailto:FredReischl@colliergov.net] Sent: Monday, August 21, 2017 10:53 AM To:VelascoJessica; Bob Mulhere; Stephanie Karol Cc: SmithCamden 1 9A Subject: RE: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Looks good Fred Reischl,AICP Principal Planner 239-252-4211 2800 North Horseshoe Drive Naples, FL 34104 www.colliergov.net Original Message From:VelascoJessica Sent: Friday,August 18, 2017 11:18 AM To: Bob Mulhere; Stephanie Karol Cc: SmithCamden; ReischlFred Subject: FW: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Importance: High Good Morning Bob, I have received the Naples Daily News Ad proof for the 9/12 BCC Hearing. Please review and send in your approval in writing via email. If you'd like to make any changes to the title, please send in your suggested revisions. If you have any questions, please let me know. Respectfully, Jessica Velasco Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Friday,August 18, 2017 10:57 AM To: NeetVirginia <VirginiaNeet@colliergov.net>;VelascoJessica <lessicaVelasco@colliergov.net>;SmithCamden <CamdenSmith@colliergov.net>; ReischlFred <FredReischl@colliergov.net> Subject: FW: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Please review PL20170000007 2 9A Teresa L. Cannon To: legals@naplesnews.com Subject: RE: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Lega Is, Ad looks good,OK to run! Original Message From: legals@naplesnews.com [mailto:Iegals@naplesnews.com] Sent: Friday, August 18, 2017 10:49 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: Ad: 1726876, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review for yoru approval and let us know if you have any questions. Thank you. 1 9 A c Notices Public Notices NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on September 12th,2017,in the Board of County Commissioners Meeting Room, Third Floor,Collier Government Center,3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 95-33, THE BRIARWOOD PUD, AS AMENDED, TO ADD 320 MULTI-FAMILY DWELLING UNITS IN TRACT B & C: MULTI- FAMILY RESIDENTIAL AS AN ALTERNATIVE TO COMMERCIAL DEVELOPMENT ON TRACT B & C: COMMERCIAL COMMUNITY; TO ADD DEVELOPMENT STANDARDS FOR TRACT B & C MULTI- FAMILY RESIDENTIAL; TO ADD EXHIBIT A-1 TRACT B & C FOR PROPERTY CONSISTING OFASTER PLAN AND EXHIBIT2209 1ENH7NNCED ACRS;LOCATED ON THE EAST OF LIVINGSTONROAD, IN SECTION1DE 31,TOWNSHIP 49 SOUOTH,RANGE 26 EAST,NORTH OF COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. (PL20170000007) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If organization mized aythe be allotted 10 minutes to speak on ason for a n item.or Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. in the Board of Couunty Commissioners devices for the hearing ff ceaired are available BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR,CHAIRMAN • DWIGHT E.BROCK,CLERK By: Teresa Cannon Deputy Clerk(SEAL) No.1726876 August 23,2017 9A iw ;:,-Napirs BMW Nr1110 NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC/ZONING DEPARTMENT 1726876 NOTICE OF PUBLIC HEA Pub Dates August 23,2017 • (Sign ture of affiant) I :•fir ,••,• KAAOI E KANGAS'' I ' ,_' NatayPublk-Staer Sworn to and subscribed before me _ comrNssloradGG126oaofFlo,lda � This September 01,2017 `•, _.4"/ MyComma.Explydd1W29,2021 I ' IandedrnnuyrwmwNa ri " (Signature of affiant) 2213 Wednesday,August 23,2017 Naples Daily News 9 A Offices/Warehou_.,Sale AziL Public Notices Request for Bids VENICE,FLORIDA 34285 included in the Board agenda Quotes Due September 6,2017 Wheels/Recreation 8.861 SF Prime Warehouse NWeeMPYhNeNnadn9 packets must submit said Space in Busy shopping material a minimum of 3 Interested firms should center.Ideal for many Notice is hereby given that weeks prior to the respective submit a detailed letter of different uses. on Tuesday,Septeatber 12, blit hearin In any case, interest which includes: List Nicole Christodoulou Automobiles for Serle 2017 in the Board of County punters materpies intended to of services Provided,COPY of Commodore Realty Inc. Commissioners Meeting be considered by the Board Certification.lest je previously nkolera I9e1eERCEa well;0820Room. Third Floor, Collier spar ri a County c the a completedfereprojects with cemmodorcrealty.cam Diesel:519)6546105 e11; $2,300. 329u9ntyTam�amiment TrailC East appropriate County staff a references. minimum of seven days prior Commercial RE Least Naples, FL., the Board • to the public hearing. All Information can be faxed to 2014 HYUNDAI EQUUS$35,000. County Commissioners(BCC)C) material used in presentations (239)435.7202 RESTAURANT FOR RENT 2 yr full warranty: color: will consider the enactment before the Board will become Great Downtown Naples,US owner- Night Shadow Brown, 1 of a County Resolution. The a permanent part of the An EEO/AAP Employer 41 location.3300 Sq.Ft.,150 8400 miles'always meeting h will commence at 9:00 record. August 23,2017 No.1729889 seats.(239)821-5390 garaged like new!If looking A.M.The title of the proposed forluxurryy ,M s Is DI Resolution is as follows: Any personwho decides to r111�,� J (330)285-4781:Naples 11IGres no place ' �y Offices/Warehouses/lir i11 A RESOLUTION OF THE BOARD Board will y decisionaof the ecord of 2010 FORD EDGE Limited,Ex OF COUNTY COMMISSIONERS the procleed need pertaining MEDICAL/DENTAL/ PROF. Cord;roof rack,361(miles; OF COLLIER COUNTY, thereto and therefore,may and improved space.S.Naples $13,500.(269)599-4071. FLORIDA,TO CLOSE-OUT THE 1800 sq ft;(239)290-8726 BALMORAL PLANNED UNIT need to ensure that a verbatim CI) BUICK LEGEND 2000.4 door DEVELOPMENT WHICH HAS record of the proceedings is Real Estate sedan,up to 6 pass.,light FULLY COMPLETED ALL ITS made,which record includes Sell brown, 239 m1-,3 8. DEVELOPMENT PURSUANT TO the to which and evidence cond.!$2700.(239)641-0378. ITS DEVELOPMENT ORDERS) based.which the appeal is AND HAS BEEN FOUND VE here! COLLIER COUNTY TO HAVE If you area person with a Sports and Imports ONLY ONE TRANSPORTATION disability ho needs anyrm e Beats/Maters/Marinc COMMITMENT REMAINING accommodation in order to '04 HYUNDAI ACCENT 2DR BLK WHICH WILL BE TRACKED participate in this proceeding, HB 5 spd man.FWD 4 cyl THROUGH THE COMMITMENT you are entitled,at no cost to _ ■ FORMULA mood cond.reg,mot.115,154 TRACKING SYSTEM(CTS). your to the proviion of certain ZOQQ•Lf eds .81.300.239-248-8269 The PUD is located in Collier assistance. Please contact ...II Collier County.Florida on the east Ma ageme t Division,Dunty Facilities 2018 OUTBOARD MODELS Vans side of Livingston Road and ata 3335 Tam amii Trail East EMEIMIP 310,330,CBR,350&430 the west side of Whippoorwill Suite#101,Naples,FL 34112- Pub,Ic Notices DODGE GRAND Lane in Section 18,Townshiy 5356.(239)252-8308,at least /9 South, Range 26 East, uo„tsso�tn�,�� 2014-Wheelchair Van with consisting of 58.95 acres. two days Prior t0 the meeting. NOTICE OF PUBLIC HEARING ,�Nth5r.S.Ste io1 30”lowered fir,ramp 8 tie Assisted listening impaired devices NOTICE OF INTENT TO CONSIDER AN ORDINANCE 1121, downs.(239)494.8267 A cop of the pro osed for the hearingBoard y are available in the Boar0 of Notice is hereby given that a Public hearing will be held by the 39' TROJAN 1996 Express Resolution is an file with the County Commissioners Office. Collier County Board of County Commissioners on September Cruiser, Twin engines V,Ii�l�: t+,.ii ilii Clerk to the Board and s 12th,2017•In the Board of County Commissioners Meeting Roam, available for inspection. All Tamiaml $19.000.(630)244-33]0. interested parties are invited BOARD OF COUNTY Third Floor,Collier Government Center,3299 East 50'SUP, -WINOSTAR Marina AA.TOP DOLLAR PAIDI for to attend and be heard. COMMISSIONERS COUNTS considercothe FL.,the Beard of County O) linanc.The Them(BCC)will on Naples Bay.Lease$450 Classics Cara,Mesa*Can COLLIERY TAYLOR,COUNTY.FLORIDAmmence at NOR enactmente Theh title oOhe proposed ng wills mo.Call Dick(508)364-6264. &sports Can.(239)2214090 NOTE: All persons wishing PENNY CHAIRMAN commence at 9dM A.Y. title of the proposed OMinance is Pas follows: BOAT AND YACHT DETAIL to speak oany pt e DWIGHT E.BROCK,CLERK DK ABSOSeaSide Marine anted! a live To tom mustregistergerwith rte By:Teresa Cannon, Deputy AN ORDINANCELIER OF THE BOARDI OF ENDING ORDINANCE NO. Wanted)Dead or Alive Top$ County Manager prior to Y1COF (239)641-7184 FREE PICK UP 239-265-6140 presentation of the agenda Augukst 23.017 No.1718647 99.53(THE WALGREENS TO CORRECT A SCRIVENER'SI SeaSideMarineFlorida.com Item to be addressed. CAPTAINS UCENSE CORVETTES WANTED Individual spakers will be ERROR DUE TO THE INADVERTENT F O AN EFF OF TEXT E.N THE Naples DUPV-6-pak Top dollar.Cash today.Call limited to 3 minutes on any Pier,hen l 1,Bids PUDECT DOPRCUMENT IS LOCLOCATED FOR HE EOSOUTHWETATE.NER Sept.11th 877-435-3187 941-809.3660 or 941.923-3421 item. The selection of an SOFUBJECT P AIRPORT-PULLINGN IS OAD AND V NDE BIL TBEACH O N individual to speak on behalf Quality Enterprises USA. SECTION ,TOW ROAD AND ,VANDERBILT 2 BEAST,ROAD IN SAILBOAT-336$HUNTER Great t quotes OUN2,TOWN(SEP L2 SOUTH,RANGE 25 EAST,COLLIEfl In N 527,900✓or bM SMOSTT VOTERS e o raged. I ion or group is Inc. s seeking BE,and from COUNTY,COUNTY,FLORIDA.(SE-PL20170001679) offer.In Naples(239)777-6925 DYER Since encouraged. If spokerecogiper on subcCertiontried actors WB BUYER Yneeante. the Chairman,asorkanperson for the followin and projects: Bcopy and available for e lli with the Clarkes the All Vehicles wanted for a group or arganrzation for the following Projects: Board and is available for inspection.All interested parties are Campers e,RV's Rod or Jim(239)7747360 may be allotted 10 minutes to invited to attend and he heard. 29•COACHMAN 2010 MOTOR speak on an item. Seminole Tribe of Florida- NOME 29K mi., loaded in WE BUY CARS,TRUCKS,SUNS, Immokalee Water Distribution NOTE:All persons wishing to speak on any agenda item must Ilett condition.In Naples Etc.Anything from$1,000 ersons wishing to have System Improvements,RFP register with the County ma prior to presentation of 8 written or graphic materials #104-2017tl excellent Jon(239)464.3220 thruEtc. $1 0.00 Please callthe agenda item to be addressed. Individual speakers will be or Beverly(239)-4044888 Sam(239)5954021 limited to 3 minutes on any item;The selection of any individual Auction/Public Sale' to speak on behalf of an organization or group is encouraged. WANTED ALL MOTOR HOMES If recognized by the Chairman,a spokesperson for a group or AND CAMPERS.Any cond. -... NOTICE Of PUBLIC SALE OF PERSONAL PROPERTY organization maybe allotted 10 minutes to speak on an Item. Cash Paid. (954)789-7530. (t 1F Legals Notice is hereby given that the undersigned will sell,to satisfy Persons wishing to have written or graphic materials included in Motorcycle%Mopeds lien of the owner,at public sale by competitive bidding on the Board agenda packets must submit said material a minimum September 13.2017 at 1:00 PM at the Extra Space Storage facility of 3 weeks prior to the respective public hearing In any case 2003 ANNIVERSARY EDITION located at: written materials intended to be considered by the Board shall Harley Davidson Fat Bay fuelL,•rl, be submitted to the approp ate County staff a minimum of infected•mint cond.only 5K 571 Airport Pulling Rd.N. Naples,FL 34104(239)643-5113 seven days prior to the public hearing.All materials used In $7,500 f (401)339-6421 presentations before the Board will become a permanent part LEGAL NOTICE The personal goods stored therein by the following may include, of the record. Recreational Steir,rq e. but are not mited to general household,furniture,boxes, THE ANNUAL RETURN OF clothes,tools and appliances. Any person who decides to appeal any decision of the Board OWN YOUR COVERED RV d✓ THE MELVIN AND SANDRA will need a record of the proceedings pertaining thereto and OR 80x7 PARKING SPACE! For theER FOUNDATION D0036 Charles Pollard Household goods therefore,may need to ensure that a verbatim record of the om For calendar year ended 00007 Lee Hoffman Household goods proceedings is made,which record Includes the testimony and MIKE PRICE 239.340-0665 December31,2016 isavailable 80724 David Re lmbald Household goods evidence upon which he appeal is based. Germain Properties of Naples at Its pur ncipal office located 50406 Ralph and Allison Coleman Household goods at c/o N.ITendler 50227 Darrel Soto Household goods Ifyou rder toperson with a i isabilitywho needs any accommodation STORAGE: COMES 63 Taylor Ave, 110123 Kent Hedrick Household goods in order to participate in this proceeding,you are entitled,at RVs., boat, auto. Covered Manasquan,N108736 X0123 Kent Hederick Household goods no cost to you.to the provision of certain assistance. Please avalable. (239)643-0447 Telephone(732)701-3327 10010 Nicole Henderson Household goods contact the Collier County Facilities Management Division, Recreational Trailers for inspection during regular 00539 Gloria Parham Household goods located at 3335 Tamiaml Trail East.Suite#101,Naples,FL 34112- 00029 Christine o Household goods 5356,(239)252-8380,at least two days prior to the meeting. hours by any citizen ho 80343 Robert Pacheco Jr. Household goods Assisted listening devices for the hearing impaired are available THIS WEEK'S SPECIALs it within 180 days W6135 Terrell Smith Household goods in the Board of County Commissioners Office. 32'CLEAN 5th WHEEL hereof. Principal Manager "As is"$3,995. of the Foundation is Sandra Purchases must be made with cash only and paid at the time of BOARD OF COUNTY COMMISSIONERS HOLIDAY RV TRAILER SALES Schiffer 0rzi. sale.All goods are sold as is and must be removed at the time COLLIER COUNTY,FLORIDA 19710 South US 41,Ft Myers August 19.9.2 20.,21,22&23.2017 of purchase.Extra Space Storage reserves the right to bid.Sale PENNY TAYLOR,CHAIRMAN (239)590-0066 NO.1719781 is subject to adjournment. u use 23&30.2017 No.1728475 DWIGHT E.BROCK,CLERK Public Notices Public Notices By: Teresa Cannon Public Notices Deputy Clerk(SEAL) NOTICE OF PUBLIC HEARING August 23,2017 No.1726919 NOTICE OF INTENT TO CONSIDER AN ORDINANCE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Pt,a, Nol r-a. Public Notices Caller Gusty Board of County Commissioners on September Notice is hereby given that a public hearing will be held by the 12011,2017,inthe Board of County Commissioners Meeting Room. Collier County Board of County Commissioners on September NOTICE OF PUBLIC HEARING Third Floor.Collier Government Center,3299 Easti 12M,2017,in the Board of County Commissioners Meeting Room, NOTICE OF INTENT TO CONSIDER AN ORDINANCE Trail,Naples FL.,the Board of County Commissioners(BCC)CC)will Third Floor,Collier Government Center.3299 East Tamiaml Trail, consider the enactment of a County Ordinance. The meeting Naples FL,the Board of County Commissioners(BCC)will Notice is hereby given that a public hearing will be held by the will commence at 9:00 A.Y.The title of the proposed Ordinance consider the enactment of a County Ordinance.The meeting Collier County Board of County Commissioners on September is as follows: will commence at 9:00 A.M.The title of the proposed Ordnance 12th,2017,in the Board of County Commissioners Meeting Room• is as follows: Third Floor,Collier Government Center,3299 East Tamiaml AN ORDINANCE AMENDING ORDINANCE NO.14.11.AS AMENDED, Trail,Naples FL.,the Board of County Commissioners(BCC)will THE LORD'S WAY 30 ACRE RESIDENTIAL PLANNED UNIT AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS consider the enactment of a County Ormnnace. The meeting DEVELOPMENT RPUDLT OVEAN LATIN INSUBSTANTIALCHANGE OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE will commence at 810 A.Y.The title of the proposed Ordinance TO THE PUD,TO ADD ONE DEVIATION RELATING TO PARKING,TO NUMBER 95-33,THEOOD PUD,AS AMENDED,TO ADD is as follows: MODIFY ONE EXISTING DEVIATION RELATING TO FENCES.WALLS 320 MULTI-FAMILY DWELLING UNITS IN TRACT B 8 C:MULTI- AND LANDSCAPE BUFFERS,TO REDUCE THE MINIMUM SIDE YARD FAMILY RESIDENTIAL AS AN ALTERNATIVE TO COMMERCIAL AN ORDINANCE AMENDING ORDINANCE NO. 2007-46• SETBACKS AND DISTANCE BETWEEN STRUCTURES FOR SINGLE- DEVELOPMENT ON TRACT B&C:COMMERCIAL COMMUNITY: AS AMENDED,THE WOLF CREEK RPUD,TO APPROVE AN FAMILY.SINGLE-FAMILY ATTACHED.AND TWO-FAMILY AND TO ADD DEVELOPMENT STANDARDS FOR TRACT B&C MULTI- INSUBSTANTIAL CHANGE TO THE PUD.TO ADD A PRESERVE SINGLE-FAMILY ZERO LOT LINE PRINCIPAL STRUCTURES,AND FAMILY RESIDENTIAL;TO ADD EXHIBIT A-1 TRACT B&C EXHIBIT THAT REVISES THE PRESERVE CONFIGURATION FOR TO MODIFY EXHIBIT C-2,TYPICAL LOT LAYOUT,AND PROVIDING MASTER PLAN AND EXHIBIT A-2 ENHANCED TYPE D BUFFER PARCELS 3B AND 9 ONLY,AND PROVIDING FOR AN EFFECTIVE FOR AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED FOR PROPERTY CONSISTING OF 209.173 ACRES;LOCATED ON DATE.THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE ON THE SOUTH SIDE OF THE LORD'S WAY,APPROXIMATELY THE EAST SIDE OF WINGSTON ROAD.NORTH OF RADIO ROAD, OF VANDERBILT BEACH ROAD,APPROXIMATELY ONE-HALF MILE ONE-QUARTER MILE EAST OF COLLIER BOULEVARD,IN SECTION IN SECTION 31,TOWNSHIP 49 SOUTH,RANGE 26 EAST,COLLIER WEST OF COLLIER BOULEVARD,IN SECTION 34,TOWNSHIP 48 14,TOWNSHIP 50 SOUTH,RANGE 26 EAST,COLLIER COUNTY, COUNTY,FLORIDA;AND BY PROVIDING AN EFFECTIVE DATE. SOUTH,RANGEACRES.6 DI-PL2OLLIER COUNTY,FLORIDA,CONSISTING FLORIDA,CONSISTING OF 304./-ACRES.[PD1-PL201700004443 (PL20170000007) OF 1893 (PDI-PL20160000404) A copy of the proposed Ordinance is on file with the Clerk to the A copy of the proposed Ordlsesee is on file with the Clerk to the A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are Board and is available for inspection.All interested parties are Board and is available for inspection.All interested parties are invited to attend and be heard. invited to attend and be heard. invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must NOTE:All persons wishing to speak on any agenda item must NOTE:All persons wishing to speak on any agenda item must register with the County manger prior to presentation of register with the County manager prior to presentation of register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be the agenda item to be addressed. Individual speakers will be the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item.The selection of any individual limited to 3 minutes on any item.The selection of any individual limited to 3 minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged. to speak on behalf of an organization or group is encouraged. to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or If recognized by the Chairman.a spokesperson for a group or If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an Item. organization may be allotted 10 minutes to speak on an Item. organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in Persons wishing to have written or graphic materials included in Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum the Board agenda packets must submit said material a minimum the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing.In any case, of 3 weeks prior to the respective public hearing In any case of 3 weeks prior to the respective public hearing.In any case, written materials intended to be considered bythe Board shall written materials intended to be considered by the Board shall written materials intended to be considered by the Board shall be submitted to the approp late County staff a minimum of be submitted to the appropriate County staff a minimum of be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in seven days prior to the public hearing.All materials used in seven days prior to the public hearing.All materials used in prise tationns before the Board will become a permanent part trehsenta recto ns before the Board will become a permanent part pr tse tationns before the Board will become a permanent part oAny person who decides to appeal any decision of the Board Any person who decides to appeal any decision of the Board Any person who decides to appeal any decision of the Board Il ' need a record of the proceedings pertaining thereto andill need a record of the proceedings pertaining thereto and in need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the therefore.may need to ensure that a verbatim record of the therefore.may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and proceedings is made.which record includes the testimony and proceedings is made,which record includes the testimony and evidence upon which the appeal is based. evidence upon which the appeal is based. evidence upon which the appeal is based. If you are a person with a disability who needs anyaccommodation If you are a person with adisabilitywho needs any accommodation Nye are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at in order to participate in this proceeding,youare entitled,at in order to participate in this proceeding,youare entitled,at no cost to you,to the provision of certain assistance. Please no cost to you,to the provision of certain assistance. Please no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, contact the Collier County Facilities Management Division, contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite 0101,Naples,FL 34112- located at 3335 Tamlami Trail East.Suite#101.Naples.FL 34112- located at 3335 Tamlami Trail East,Suite 0101.Naples,FL 34112- 5356,(239)252.8380,at least two days prior to the meeting. 5356,(239)252-8380,at least two days prior to the meeting. 5356,(239)252-8380.at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available Assisted listening devices for the hearing impaired are available Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. in the Board of County Commissioners Office. in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA COLLIER COUNTY,FLORIDA COLLIER COUNTY,FLORIDA PENNY TAYLOR,CHAIRMAN PENNY TAYLOR,CHAIRMAN PENNY TAYLOR.CHAIRMAN DWIGHT E.BROCK,CLERK DWIGHT E.BROCK,CLERK DWIGHT E.BROCK.CLERK By: Teresa yCannon By: Teresa yCannon By: Teresa yCannon Auguste 23,2017erk(SEAL) No.1726897 August Deputy Clerk(SEAL) No.1726876 August 23 t2017erk(SEAL) No.1726940 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County �i b Commissioners J-/ 10-3/ 1-1--- 5. Minutes and Records Clerk of Court's Office l( 1011111 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Fred Reischl,Planning&Zoning Phone Number 252-4211 Contact/ Department Agenda Date Item was October 24,2017 Agenda Item Number 9.A 1.1 Approved by the BCC Type of Document Ordinance Number of Original 1 Attached 2017 42- Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. `` (Initial) Applicable) 1. Does the document require the chairman's original signature? -S•irrNP 2. Does the document need to be sent to another agency for additional si_ 'es, n/a provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. _ 7. In most cases(some contracts are an exception),the original document and this routing slip ? should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 10/24/17 and all changes made during 4 the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for theq,.:;•44:106: Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revise. , 'evised 11/30/12 9A MEMORANDUM Date: November 1, 2017 To: Fred Reischl, Principal Planner Comprehensive Planning - GMD From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2017-42: PL20170000007 — Briarwood PUD Attached for your records is a copy of the document referenced above, (Item #9A) adopted by the Board of County Commissioners on October 24, 2017. The original document will be held in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please feel free to call me at 252-8411. Thank you. Attachment 9A Teresa L. Cannon From: Teresa L. Cannon Sent: Wednesday, November 01, 2017 8:57 AM To: 'countyordinances@dos.myflorida.com' Subject: CLL Ordinance 2017-0042 Attachments: CLL20171024_Ordinance2017_0042.pdf SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT MINUTES&RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY: COLLIER(CLL) ORDINANCE NUMBER: 2017-0042 Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 9A ORDINANCE NO. 17 - 42 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 95-33, THE BRIARWOOD PUD, AS AMENDED, TO ADD 320 MULTI-FAMILY DWELLING UNITS IN TRACT B & C: MULTI- FAMILY RESIDENTIAL AS AN ALTERNATIVE TO COMMERCIAL DEVELOPMENT ON TRACT B & C: COMMERCIAL COMMUNITY; TO ADD DEVELOPMENT STANDARDS FOR TRACT B & C MULTI- FAMILY RESIDENTIAL; TO ADD EXHIBIT A-1 TRACT B & C MASTER PLAN AND EXHIBIT A-2 ENHANCED TYPE D BUFFER FOR PROPERTY CONSISTING OF 209.17± ACRES; LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD, NORTH OF RADIO ROAD, IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. (PL20170000007) WHEREAS, on April 25, 1995, the Board of County Commissioners approved Ordinance No. 95-33, the Briarwood Planned Unit Development, in accordance with the Planned Unit Development document attached thereto (the "PUD Document"); and WHEREAS, Robert J. Mulhere, FAICP of Hole Montes, Inc. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A. representing Boyd Land Development, LLC has petitioned the Board of County Commissioners to amend Ordinance No. 95-33, the Briarwood Planned Unit Development, and the PUD Document. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO PUD DOCUMENT The PUD Document, attached as Exhibit "A" to Ordinance No. 95-33, is hereby amended and replaced with the PUD Document attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. 17-CPS-01661/219 Briarwood/PUDA-PL20170000007 10/27/17 Words struck through are deleted, words underlined are added. Page 1 of 2 9A PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this ..)(///1.‘day of C C I) , 2017. ATTEST: fl '' ' j BOARD OF COUNTY COMMISSIONERS DWIGHT EBROIc;:-CLERK COLLIER Y, FLORIDA A est •s`ta Chairmants J e-puty Clerk PENNY LOR, Chan signature only Approved as to form and legality: t C4A , k4 Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A: PUD Document This ordinance filed with the seer tory of State's Office the $ day of ��' and acknowledgement 1t that filing receiv d this day of 4:LA-Ar -C--0-4"Litdit-Ci2---- neer clerk 17-CPS-01661/219 Bri arwood/PUDA-PL20170000007 10/27/17 Words struck through are deleted, words underlined are added. Page 2 of 2 GP Exhibit A 9 A BRIARWOOD PUD STATEMENT OF COMPLIANCE The development of approximately 209.17 acres of property in Collier County, as a Planned Unit Development known as Briarwood, is in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The commercial, residential, recreational, and other development authorized herein will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan in effect at the time of approval by the Collier County Board of County Commissioners for the following reasons: Residential Project 1. The subject property is within the Urban Residential land use designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Future improvements are planned to be in compliance with all current and applicable land development regulations as set forth in the Growth Management Plan and amendments thereto. 5. The project development results in an efficient and economical extension of community facilities and services as required in Policies 3.1H and L of the Future Land Use Element. 6. The project development incorporates natural system for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The maximum density is less than 2.85 4.40 dwelling units per acre if developed residentially, or 3.12 dwelling units per acre if developed as mixed use. and is in compliance with the Density Rating System of the Future Land Use Element of the Growth Management Plan. 8. The project includes extensive open space and incorporates natural features to provide a high quality of life for its residents. Page 1 of 32 Words struckare deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx CPG 9A Commercial Project 1. The commercial portion of the project has been determined to be consistent with Policy 5.10 of the Future Land Use Element by virtue of the fact that an exemption was approved by the Collier County Board of Commissioners pursuant to the Zoning Re- Evaluation Program. Short Title This Ordinance shall be known and cited as the Briarwood Planned Unit Development Ordinance. Page 2 of 32 Words struck through are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx / Cc 9A INDEX STATEMENT OF COMPLIANCE LIST OF EXHIBITS PROPERTY OWNERSHIP AND DESCRIPTION SECTION I PROJECT DEVELOPMENT SECTION II TRACT SF: SINGLE FAMILY RESIDENTIAL DEVELOPMENT SECTION III TRACT A: MULTI-FAMILY RESIDENTIAL DEVELOPMENT SECTION IV TRACTS D &E: RECREATION AND CONSERVATION SECTION V TRACTS B & C: COMMUNITY COMMERICAL SECTION VI TRACT B & C: MULTI-FAMILY RESIDENTIAL SECTION VII DEVELOPMENT STANDARDS SECTION VIII LANDSCAPE DEVELOPMENT SECTION VIII IX LIST OF EXHIBITS EXHIBIT A BRIARWOOD DEVELOPMENT PUD MASTER PLAN EXHIBIT A-1 TRACT B AND C MULTI-FAMILY MASTER PLAN E=XHIBIT A-2 ENHANCED TYPE "D" BUFFER FOR RADIO AND LIVINGSTON ROADS FOR RESIDENTIAL MULTI-FAMILY DEVELOPMENT ON TRACT B AND C EXHIBIT A-3 ENHANCED TYPE "A" BUFFER ADJACENT TO PLATTED TRACT B-I MULTIFAMILY Page 3 of 32 Words struck-t#rough are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx i� 94 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to delineate the location and ownership of the Subject Property and to describe the existing conditions of the property proposed to be developed under the project name of Briarwood. 1.2 LEGAL DESCRIPTION The Subject Property is described as: The West 1/2 of the West '/2; and the Southeast 1/4 of the Northwest 1/4; and the Southeast 1/4 of the Southwest 1/4, less that portion conveyed by Deed dated August 17, 1971 and recorded September 2, 1971 in O.R. Book 413, Page 212, Public Records of Collier County, Florida; and less that portion deeded for State and Road Right-of-Way, with parcels being situate and lying in Section 31, Township 49 South, Range 26 East, Collier County, Florida, consisting of 209.17 acres, more or less, being subject to restrictions and reservations of record. The Briarwood PUD no longer includes the following parcel: A parcel of land located in the Southwest 1/4 of Section 31, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Begin at the Northeast corner of Tract D-2 of Briarwood Unit One according to the Plat thereof recorded in Plat Book 18, at Pages 40 through 42 of the Public Records of Collier County, Florida; thence run North 88°07'03" East, along the South line of the Northeast 1/4 of the Southwest 1/4 of Section 31, Township 49 South, Range 26 East, for a distance of 999.79 feet to a point on the East line of the West 1/2 of said Section 31; thence run South 00°08'22" West along the East line of the West 1/2 of said Section 31 for a distance of 51.66 feet; thence run South 87°47'50" West for a distance of 1,000.00 feet to a point on the Easterly boundary of said Briarwood Unit One; thence run North 00°08'22" East along the Easterly boundary of said Briarwood Unit One, for a distance of 57.25 feet to the POINT OF BEGINNING, containing 1.249 acres more or less. Subject to easements, reservations or restrictions of record. 1.3 PROPERTY OWNERSHIP The Subject Property is owned by McAlpine (Briarwood), Inc., a Florida corporation, and Republic Development Corporation, a corporation of Ohio platted and subdivided and has multiple owners. Tract "B" and "C" as shown on the Master Plan are owned by Lowe's Home Centers. Inc. Page 4 of 32 Words stniekk41reugh are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The general location of the Subject Property, the current zoning classifications of the surrounding properties and nearby land developments are illustrated by Exhibit"B". B. The project site contains ±209.17 acres and is located in the West V2 of Section 31, Township 49 South, Range 26 East, which is approximately one (1) mile east of Airport Road and is situated between Radio Road and Golden Gate canal. While it is bounded by Radio Road on the South and Golden Gate canal on the North, the Eastern boundary is provided by a high voltage transmission line belonging to Florida Power and Light Company and the Western boundary is the proposed Livingston Road right-of-way. C. The current zoning classification of the Subject Property is Planned Unit Development (P.U.D.). The property is within the Collier County Water-Sewer District and Collier County Water Management District 1. 1.5 PHYSICAL DESCRIPTION The project is located within Water Management District No. 1 and most of the area is within the drainage basin of the Golden Gate Canal. Water management for the proposed project is planned to be of the lake retention type. Elevations within the project site are approximately nine (9)feet above sea level. The soil types on the site are approximately ninety-five percent (95%) Arzell Fine Sand and five percent (5%) Broward Fine Sand. The depth to bedrock in the area varies from five (5) feet to fifteen (15) feet below natural ground surface. Soil characteristics were derived from the soil survey of Collier County, Florida, issued by the U.S. Department of Agriculture in March, 1954. The site is a typical pine-cypress woodland with the following existing vegetation: Slash Pine (Pinus elliotti); Pond Cypress (Taxodium ascendens) scattered; Saw palmetto (Serenoa repens) often growing in large defined masses; Dahoon holly (Ilex cassine) scattered; Cocoplum (Chrysobalanus icaco) scattered; Wax Myrtle (Myrica cerifera) scattered; Melaleuca(Lalaleuca leucandendra) mature trees with isolated dense to scattered strands of second generation growth. In addition, there exists an Oak-palm hammock (defined on Exhibit H) of predominantly Quercus species and cabbage palms (Sabal palmetto). Page 5 of 32 Words struck-through are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for Briarwood. 2.2 GENERAL A. Regulations for development of Briarwood shall be in accordance with the contents of this document, PUD-Planned Unit Development District and any other applicable sections and parts of the Collier County Land Development Code in effect at the time of Building Permit application. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code. 2.3 PROJECT PLAN AND LAND USE TRACTS A. The project plot plan, including layout of streets and land use of the various tracts, is illustrated graphically by Exhibit "A" and Exhibit A-1 Tract B and. C Multi- Family Master Plan, ! - - There shall be ten (10) land uses, the configuration of which is also illustrated by Exhibit"A". 1. Tract SF: Single-Family Residential 89.70 acres 2. Tract A: Multi-Family Residential 18.30 acres 3. Tract B & C: Community Commercial 15.99 acres or Multi-Family Residential 4. Tract D: Recreation Area 3.00 acres 5. Tract E: Conservation Areas 7.00 acres 6. Lake Area 31.00 acres 7. Right-of-Way 27.00 acres 8. Future Livingston Road Right-of-Way 11.80 acres 9. FPL Easement 2.80 acres 10. Open Space/Buffer 2.58 acres Total 209.17 acres B. Areas illustrated as lakes by Exhibit "A" shall be constructed lakes, or upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be designed for rain storms of twenty-five (25) year frequency and shall be in the same general configuration and contain the same general Page 6 of 32 Words struclk-through are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9a acreage as shown on Exhibit "A". The lakes and interconnecting drainage swales shall be dedicated to Collier County to ensure their continued availability, prior to final development order approval. The maintenance of the lakes and interconnecting drainage swales within Tract E shall be the responsibility of the owner of Tract E,prior to final development order approval. C. In addition to the various areas and specific items shown in Exhibit "A", such easements (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary or deemed desirable for the service, function or convenience of the project's inhabitants. D. Fill material from the project may be sold for off-site uses. 2.4 MAXIMUM PROJECT DENSITY No more than a maximum of 600 920 residential dwelling units, single and multi-family, shall be constructed in the total project area. The gross project area is 209.17 acres. The gross project density,therefore, will be a maximum of 2:-8-7 4.40 units per acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS The anticipated development schedule for the entire Briarwood project is set forth by Exhibit"F" of this document. Exhibit "A" (Briarwood Development Plan) constitutes the PUD Development Plan and the Preliminary Subdivision Plat or Subdivision Master Plan, provided that supplement information required by subdivision regulations, not indicated on the PUD Master Plan, shall be submitted to Project Review Services for administrative review and approval prior to the submission of detailed construction plans for building permits. A. The developer of any tract must submit a Conceptual Site Plan for the entire tract prior to final Site Development Plan submittal for any portion of the tract. The developer may choose not to submit a Conceptual Site Plan if a Site Development Plan is submitted and approved for the entire tract. B. The developer of any tract must submit, prior to or at the same time of application for a building permit, a detailed Site Development Plan for his tract or parcel in conformance with the Division 3.3 — Site Development Plans of the Collier County Land Development Code. This plan shall also show the location and size of access to any tract that does not abut a public street. C. In the event that any established tract as identified on the approved PUD Master Plan is proposed to be further divided in a manner that does not affect the approved infrastructure, increase the number of dwelling units, increase density, change the dwelling type or change permitted uses within the tract, the developer shall submit a revised PUD Master Plan indicating the division of the established Page 7 of 32 Words ugh are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A tract prior to the submittal of a Site Development Plan for the development of such a tract. The revised PUD Master Plan shall be submitted to the Planning-Zoning Director for review and approval. D. Final Site Development Plan approval shall follow the procedure as required by Division 3.3 —Site Development Plans of the Collier County Development Code. E. Model homes shall be permitted in conformance with the requirements of Section 2.6.33.4.1 of the Collier County Land Development Code. 2.7 LAKE SITING As depicted on the Master Land Plan (Exhibit A), lakes and natural retention areas have been sited adjacent to existing and planned roadways and throughout the project. The goals of this are to achieve an overall aesthetic character for project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Division 3.5 — Excavation, of the Collier County Land Development Code, may be reduced with the approval of the County Engineer. Fill material from the lakes is planned to be utilized within the project, however, excess fill material may be utilized offsite, subject to the provisions of the Collier County Land Development Code in effect at the time permits are sought. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria. Page 8 of 32 Words etruck through are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A SECTION III TRACT SF—PARCELS 1 THROUGH 10 SINGLE FAMILY RESIDENTIAL DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to indicate the development plan and regulations for the area designated on Exhibit "A" as Tract SF, Single Family Residential, which has been designed specifically for the placement of homes for residential occupancy upon lots which are owned by the residence thereon. 3.2 MAXIMUM DWELLING UNITS A maximum number of 395 single family units may be constructed in this tract. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: Single Family Residences. B. Accessory Uses: (1) Accessory uses and structures customarily associated with homes development, such as recreation facilities, service buildings, utilities and private garages. (2) Signs as permitted by Division 2.5 of the Collier County Land Development Code. 3.4 REGULATIONS 3.4.1 General: All yards, set-backs, etc. shall be in relation to the individual parcel boundaries. 3.4.2 Minimum Lot Area: 6,000 square feet. 3.4.3 Minimum Lot Width: 60 feet average between front and rear lot lines. 3.4.4 Minimum Yards: A. Front Yard—25 feet. B. Side Yard—5 feet. C. Rear Yard—25 feet. Page 9 of 32 Words are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A D. All yards abutting a street shall be front yards. Four-sided corner lots shall have two front and two side yards. Five-sided corner lots shall have two front,two side and one rear yard, with the rear yard being farthest from the abutting streets. 3.4.5 Minimum Floor Area: 1,000 square feet of living area exclusive of patio and garage. 3.4.6 Off-Street Parking Requirements: Two parking spaces shall be required for each dwelling unit, both of which shall be located within the permitted building area. 3.4.7 Maximum Height: Thirty (30) feet above finished grade of lot. Accessory buildings are limited to twenty (20) feet above finished grade of lot. Page 10 of 32 Words strums are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A SECTION IV TRACT A: MULTI-FAMILY RESIDENTIAL DEVELOPMENT PARCELS 1 AND 2 4.1 PURPOSE The purpose of this Section is to indicate the development plan and regulations for the areas designated on Exhibit"A"as Tract A, Multi-Family Residential. Prior to the issuance of any building permit, detailed architectural plans shall be submitted to the proper County agencies for review and approval as to conformity with the Development Plan and PUD document. 4.2 MAXIMUM DWELLING UNITS A maximum number of 205 dwelling units may be constructed on this tract. 4.3 USES PERMITTED 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: (1) Multi-Family Residences. B. Accessory Uses: (1) Accessory uses and structures, including private garages. (2) Recreational uses and facilities such as swimming pools, children's playground areas, etc. such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. Such facilities shall not restrict the visual and functional enjoyment of the non-participating residences. (3) Signs as permitted by Division 2.5 of the Collier County Land Development Code. 4.4 REGULATIONS 4.4.1 Minimum Yards: A. Radio Road Frontage — Seventy (70) feet measured from the North boundary of Radio Road right-of-way as existing on January 1, 1975. Such yards may be used Page 11 of 32 Words struck through are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx :fie 9A for parking, carports, and landscaping, except that in no instance may land be devoted to vehicular use within fifteen (15) feet of the future planned right-of-way for Radio Road. B. Dedicated Street Boundaries (other than Radio Road)—Thirty-five (35)feet. C. Tract Boundaries that are not Dedicated Street Boundaries—Twenty-Five (25) feet; however, pool or any screened enclosure shall be reduced to fifteen (15) feet. 4.4.2 Distance Between Structures: There shall be a minimum separation between structures of thirty (30) feet, or one-half (1/2) the sum of the adjoining building heights, whichever is greater. In instances where there shall be structures on opposite sides of the same multi-family tract, and these structures are separated by a through accessway, a minimum of twenty (20) feet plus one- half(1/2) the height of the structure. 4.4.3 Minimum Floor Area: Each residential unit shall have a minimum floor area of 750 square feet. 4.4.4 Maximum Height: Four (4) floors of living area, with the option of having one (1) floor of parking beneath the living area. 4.5 PARKING AND ACCESS REQUIREMENTS 4.5.1 General Requirements and Specifications: Each off-street parking space shall be at least nine (9) feet in width and eighteen (18) feet in length and shall be so arranged that no automobile shall have to back into any dedicated street. Each space shall be accessible from an access drive which interconnects to a public right-of-way. All off-street parking facilities, including aisles, driveways and maneuvering areas, shall be surfaced with a hard, dustless material. All off-street parking facilities shall be suitably sloped and drained so as not to cause any nuisance to adjacent or public property. Access drives shall have a minimum pavement width of twenty-four (24) feet wherever there is parking along their edge. Otherwise, the minimum pavement wide of access drives shall be twenty (20) feet. Page 12 of 32 Words struck through are deleted,words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A 4.5.2 Location: Parking spaces required for buildings within a tract shall be located within a tract and shall be located on the same side of the access drive as the building being served. 4.5.3 Requirements: Parking Spaces—Two (2)parking spaces per residential unit. Twenty-five percent (25%) of the required spaces may be preserved as green space and improved as parking as future demand requires. 4.6 ACCESS TO RADIO ROAD One access drive shall be permitted to connect Tracts A and SF to Radio Road, and another access drive shall be permitted to connect Tracts A and SF to future Livingston Road. One access drive shall be permitted to connect Tracts B and C to Radio Road and another access drive shall be permitted to connect Tracts B and C to future Livingston Road. Page 13 of 32 Words are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A SECTION V TRACTS D AND E RECREATION AND CONSERVATION 5.1 PURPOSE The purpose of this Section is to indicate the Development Plan and regulations for the area designated on Exhibit "A" as Tracts D and E. Tract E, Parcels 1-3 shall remain as natural open space. Tract D, Parcels 1 and 2 shall be a recreational area. Applicant has dedicated one hundred (100) feet of right-of-way for the extension of Livingston Road and twenty-five (25) feet for the widening of Radio Road along its west and south boundaries, respectively, at no cost to the County. 5.2 NATURAL OPEN SPACE Tract E, Parcels 1 — 3, shall remain as a conservation area. If Tract D remains as natural open space,the following regulations shall apply. A. Permitted Uses No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: (1) Natural Open Space. (2) Water management facilities such as lakes, swales, control structures and pumping stations. (3) Central water treatment facilities in accordance with all applicable State and County regulations. (4) Recreational facilities (Tract D,Parcel 1 of 2 only). B. Maximum Height Twenty (20) feet above the finished grade of the surrounding land. Page 14 of 32 Words struck through are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A SECTION VI TRACT B & C: COMMUNITY COMMERCIAL 6.1 PURPOSE The purpose of this Section is to set forth the plan and regulations for the areas designated on Exhibit "A" as Tract B & C. if developed as commercial with no residential uses. : Community Commercial. Tract B & C shall either be developed as multi-family residential pursuant to Section VII and. Exhibit A-1 and A-2 or as commercial pursuant to Section VI. 6.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses if Tract B & C are developed solely as commercial: (1) Restaurants—No drive-ins. (2) Cocktail lounges and retail package sales of liquors and other beverages, no drive-ins, subject to the provisions of the Collier County Land Development Code. (3) Retail shops, shopping centers and stores. Retail shops, shopping centers and stores may include incidental processing and repair activities, provided they are accessory and subordinate to the retail sales use, and provided that all storage, processing and repair of merchandise occurs within the principal building except that such uses as garden shops may be outside but within a totally fenced area connected to the principal building. (4) Financial institutions. (5) Golf driving ranges. (6) Professional, business, financial, utilities offices and services. (7) Medical offices and clinics—for humans. (8) Barber and beauty shops. (9) Shoe repair shops. (10) Laundry and dry cleaning pickup establishments and self-service laundry. (11) Retail bakeries. (12) Tailoring, millinery, garment alteration and repair. (13) Museums. Page 15 of 32 Words t s""c'�mck threuth ugh are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A B. ACCESSORY USES: (1) Accessory uses and structures, customarily associates with the uses permitted in this district. (2) Signs as permitted by County Ordinance. C. CONDITIONAL USES if Tract B & C are developed solely as commercial: The property may be used for the following conditional uses subject to 2.7.4, Conditional Use Procedures of the Collier County Land Development Code: (1) Transient lodging facilities with a minimum of twenty(20) dwelling units. (2) Schools and Colleges. (3) Private Clubs, subject to the provisions of the Collier County Land Development Code. (4) Motion picture theaters and live theaters—no drive-ins. (5) Commercial and private parking lots and parking garages. (6) Service Station, subject to the provisions of the Collier County Land Development Code. 6.3 REGULATIONS 6.3.1 Minimum Lot Area:None 6.3.2 Minimum Lot Width:None 6.3.3 Minimum Yards: A. Radio Road Frontage — Twenty-five (25) feet measured from the North boundary of Radio Road right-of-way which shall be the Radio Road right-of-way as of January 1, 1975, long with twenty-five (25) feet set aside in this Ordinance. Such yard shall not be used for permanent structures and the first fifteen (15) feet north of the new right-of-way shall be landscaped green belt. B. Tract boundary lines and dedicated roads other than Radio Road—twenty- five (25) feet, (no parking shall be allowed nor any merchandise stored or displayed in the outer fifteen (15) feet). C. Separation between structures—One-half(1/2) of the sum of the heights of the structures. 6.3.4 Minimum Floor Area: 1,000 square feet per building on the ground floor. 6.3.5 Maximum Height: 30 feet above finished grade. Page 16 of 32 Words struck are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 4A 6.3.6 Maximum Floor Area: Twenty percent(20%) of Commercial land area. 6.4 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING Off-street parking and off-street loading shall conform to the requirements of the Collier County Land Development Code. 6.5 FUTURE RIGHT-OF-WAY REQUIREMENTS A parcel of land parallel to Radio Road — twenty-five (25) feet in width shall remain as an unused part of Tracts B and C so that it may become a part of any future expansion of Radio Road. The additional right-of-way (twenty-five (25) feet along Radio Road) will be dedicated to the appropriate governmental agency at the time of the expansion of Radio Road. 6.6 ACCESS TO RADIO ROAD AND FUTURE LIVINGSTON ROAD One access drive may be permitted from Tract B and Tract C connecting with Radio Road in that event such connections shall be at least five hundred (500) feet from the centerline of Briarwood Boulevard. Tracts B and C shall may also have one connection to future Livingston Road. 6.7 ACCESS TO BRIARWOOD BOULEVARD Except as provided in Section 7.5, Aaccess from Tracts B and C to Briarwood Boulevard, shall be limited to one (1) driveway. This internal access may be provided when the temporary sewage treatment plant is removed from site. Access from Tract A — Parcel 2 of 2 to Briarwood Boulevard shall be limited to one (1) driveway. 6.8 DEVELOPMENT STANDARDS GOLF DRIVING RANGE A. The hours of operation for the golf driving range shall be limited to the hours of 8:00 a.m. to 8:00 p.m. B. A 100-foot setback shall be provided along the northwest property line for which no structures shall be placed or play area conducted. C. Safety netting or fencing shall be required along the Radio Road frontage to protect this roadway as necessary to ensure public safety. D. If the golf driving range use is still in existence at the time of construction of Livingston Road along the westerly edge of the parcel, then the ball netting shall be extended to protect the entire Livingston Road frontage as necessary to ensure public safety. E. Adequate protective netting shall be installed along the Radio Road frontage of the chipping green. Page 17 of 32 Words struck through are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A F. Landscaping, including hedging, shall be provided along the perimeter of any required safety netting. Trees adjacent to the required safety netting shall be placed on 20 foot centers and shall reach a height of 15 feet in 2 years from the time of installation. G. Landscaping shall only be required to exceed the current provisions Div. 2. 4 of the Collier County Land Development Code, adjacent to the required safety netting. H. Landscaping required in excess of the requirements of the Collier County Land Development Code for the safety netting will only be required to be maintained as long as the driving range is in operation. Page 18 of 32 Words struck are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017)docx 9A SECTION VII TRACT B& C: MULTI-FAMILY RESIDENTIAL 7.1 PURPOSE The purpose of this Section is to set forth the plan and regulations for the areas designated on Exhibit "A" and Exhibit "A-1" as Tract B & C, if developed as multi-family residential, with no commercial uses. Tract B and C shall either be developed as multi-family residential pursuant to Section VII or as commercial pursuant to Section VI. 7.2 USES PERMITTED if Tract B & C are developed solely residential. A. Principal Uses Multi-family residential uses, up to 320 dwelling units. B. Accessory Uses 1. Recreational uses and facilities that serve the residents of Tract B & C, such as swimming pools, tennis courts, bocce ball, volleyball courts, walking paths, picnic areas, dog parks, playgrounds, fitness centers, and recreation/amenity buildings. 2. Customary accessory uses and structures to residential units, including carports, garages, utility buildings, hand carwash area, and garbage and recycling receptacles. 3. Temporary sales trailers and model units. 4. Entry gates and gatehouses. 5. Stormwater management treatment, conveyance facilities, and structures, such as berms, swales, and outfall structures. 7.3 DEVELOPMENT STANDARDS Table 1 sets forth the development standards for multi-family residential and clubhouse/recreation building on Tract B & C as shown on the Master Plan. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code in effect as of the date of approval of the Site Development Plan or Subdivision plat. Page 19 of 32 Words ugh are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx C',NU 9A TABLE 1 Development Standards, Multi-FatnihAccessorY to Clubhouse/ Multifamily) Recreation Building Min. Lot Area 10,000 SF per building N,A N/A Min.Lot Width 90 feet N/A N/A Min.Floor Area 750 SF per unit N/A N/A Min. 1'anis—External,Measured from"Tract Boundaries From Radio Road 30 feet 30 feet' 30 feet From Livingston Road 35 feet 35 feet2 35 feet From Preserve3 25 feet 10 feet 25 feet From Tract D-1 —Recreation3 30 feet 10 feet 30 feet From Tract B-1 —Multi-family3 5038 feet 15 feet 50 feet From Tract L-1 —Lake3 30 feet 20 feet 30 feet 4'ards-Internal to Tracts B&C Min. Yards adjacent tointernal paved 0 feet for‘°ehicular 0 feet for 20 feet vehicular use areas access,otherwise 10 feet vehicular access, otherwise 10 feet Min. Side Yard 10 feet 10 feet 10 feet Min.Water-bedyLake Setback 20 feet 20 feet 0'bulkhead,otherwise 20 feet Min.Distance between Structures 10 feet 10 feet 10 feet Max.Building Height—Zoned 4 stories/55 feet 25 feet 2 stories/35 feet Max.Building Height—Actual 62 feet 35 feet 42 feet NTE=Not to Exceed; S.F.=Square Feet 'Section 8.13 regarding accessory structures does not apply to Tract B&C. 2 Except for one-story garages and carports which shall be setback a minimum of 15 feet 3 Tracts as identified in Briarwood Unit One Plat recorded in Plat Book 18,Pages 40-42,Residential Multi-Family Dover Park Development. Note:Trash and/or recycling enclosure shall be located as depicted on Master Plan,Exhibit A-1. Page 20 of 32 Words are deleted;words underlined are added. H:U2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A 7.4 DEVIATIONS Deviation 1: From LDC Section 4.06.02 C, Types of Buffers, which sets forth required buffer types and widths, to allow the required 20' Type D buffer width along Livingston and Radio Roads to be reduced to 10', with enhanced plantings -consistent with Exhibit A-2. This deviation is only applicable in the event Tracts B & C are developed as multi-family. Tree canopies shall be located and/or maintained so as not to overhang into the County's road easements. 7.5 DEVELOPMENT COMMITMENTS Vehicular interconnection between Tract B & C and the overall Briarwood PUD is prohibited. Skelly Road will terminate at the northern boundary of Tract B & C. The Owner of Tract B & C shall construct a vehicular terminus of Skelly Road with authorization from the adjacent property owner(s). The vehicular terminus shall include removal of the residual section of roadway, installation of any required signage, and re- grading and re-vegetating the area with sod. In the event authorization from the adjacent property owner is not granted within 60 days of approval of this PUDA, the Owner of Tract B & C shall simply terminate Skelly Road with end of road markers at the Tract B & C property line. B. Residents of the multifamily development on Tract B & C will not have access to existing recreational facilities within other areas of the Briarwood PUD outside of Tract B & C. Amenities and recreational facilities will be provided within Tract B & C for residents of Tract B & C. C. The Enhanced Type A and D Landscape Buffers as shown on the Master Plan will conform to Exhibits A-2 and A-3, respectively, including as applicable, the quantity, type, and size at time of planting of landscape plants. The Enhanced Type A Landscape Buffer shall include an 8-foot masonry wall in the location depicted on the PUD Master Plan. D. Residential development on Tract B & C shall conform to the following design standards: 1. Access points will be gated. 2. Buildings will be constructed with Concrete Masonry Unit construction or concrete construction. 3. Roofs shall be cement or slate tile roof or approved equivalent (asphalt shingles prohibited). 4. Garages shall be fully enclosed garages. 5. Charging stations for electric cars will be available on-site to residents. Page 21 of 32 Words ugh are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx f 9A E. The owner, or its successors and assigns, of multifamily residential on Tract B & C will pay a pro-rata proportionate fair share (based on acreage) to the Briarwood HOA for any water management system maintenance and repair to the overall Briarwood PUD water management system. F. No fill shall be removed off-site beyond what is allowed in the Collier County Code of Laws and Ordinances for development excavations. C If Tract B & C is developed in whole or part as a multi-family rental development, then the owner, and its successor and assigns, shall rent the dwelling units giving preference to Essential Services Personnel (as hereinafter defined). Preference means that if two different applicants apply to rent the same rental unit, and they are essentially equal, the owner or its successors and assigns, shall rent the dwelling unit to applicant that is Essential Services Personnel. Essential Services Personnel is defined as "those individuals employed in the community as teachers, educators, other school district employees, community college and university employees, police and fire personnel. health care personnel, skilled building trades personnel (as listed in the US Department of Labor, General Decision No. FL 150012 dated 3/20/2015 for building construction in Collier County, Florida as may be amended or superseded from time to time) and government employees. II. The owner and developer shall adhere to the National Bald Eagle Management Guidelines for any bald eagle nest and their protection zones. In the event the owner or developer opts to obtain a permit from the U.S. Fish and Wildlife Service (USFWS) to build closer to a nest than allowed by the Guidelines, a revision to the PUD Master Concept Plan may be required according the LDC including but not limited to an Insubstantial Change to the Master Plan or PUD Amendment before the EAC and Planning Commission and BCC for their review and approval. Page 22 of 32 Words straek-Hough are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9a SECTION VIII DEVELOPMENT STANDARDS 78.1 PURPOSE The purpose of this Section is to set forth the standards for the development of the project. 78.2 GENERAL All facilities shall be constructed in strict accordance with the Briarwood Development Plan and all applicable State and local laws, codes and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the Collier County Land Development Code in effect at the time of approval of the record plat shall apply to this project. 78.3 BRIARWOOD DEVELOPMENT PLAN A. Exhibit "A", Briarwood Development Plan, illustrates the proposed development, and the location of the temporary sewage treatment facilities as permitted by Sections III and V of this document. B. Except for such definitive facilities and demarcations as street locations, tract boundaries, etc., the design criteria and system design illustrated on Exhibit "A" and stated herein shall be understood as flexible so that the final design may best satisfy the project, the neighborhood and the general local environment. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in the project. 78.4 PROJECT DEVELOPMENT The proposed development is illustrated by Exhibit "A". The proposed construction shall comply with the standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of cul-de-sac at street ends, screens, signs, landscaping, erosion control and other similar-in-function facilities shall be taken to accomplish the above set forth objective. 78.5 CLEARING, GRADING, EARTHWORK, AND SITE DRAINAGE All clearing, grading, earthwork, and site drainage work shall be performed in accordance with all applicable State and local codes. The three (3) designated conservation areas in the project will be protected during construction with fencing and posting. The haul roads will be identified, and the contractor will adhere to these roads, which will be stabilized if sand traps occur. Page 23 of 32 Words 3tru roug are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A ;8.6 STREET CONSTRUCTION All public street design and construction shall meet the Collier County standards that are in effect at the time of approval of the record plat. Briarwood Boulevard shall be constructed as a four lane dived section from Radio Road along the length of Tract A — Parcel 2 of 2 with a transition to a two lane section within three (300) feet north of the property line of Tract A — Parcel 2 of 2. The remainder of Briarwood Boulevard and all other streets shall be constructed as two lane sections. A bicycle path shall be constructed along Briarwood Boulevard from Radio Road to the intersection of Briarwood Boulevard with Progress Avenue and future Livingston Road. -78.7 EASEMENTS FOR UNDERGROUND UTILITIES Easements for underground utilities such as power, telephone, TV, cable, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing of the easements for installation of underground utilities shall be selective so as to protect the maximum number of trees and natural vegetation. ;8.8 UTILITY DIVISION A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Land Development Code, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities- to acilitiesto be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should this County not and/or sewer customers shall be customers of the interim utility established to available to serve the project. C. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this projeet.Sheuld the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time interim water supply and onsite treatment facilities and/or interim onsite sewage treatment and disposal facilities adequate to meet all requirements of the County and the Developer binding on the Developer, his assigns or successors regarding any interim tre'ttmcnt facilities to be utilized. The agreement must be Page 24 of 32 Words struck through are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A Land Development Code. D. If an interim onsite water supply, treatment and transmission facility is utilized to ,erne the project, it must be properly sized to supply average peak day domestic E. The existing offsite water facilities of the District must be evaluated for hydraulic County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. F. The onsite water distribution system to serve the project shall be connected to the the project, terminating at the project's north property line at a point established by the Utilities Division, consistent Vr'ith the findings of Item E above. During distribution system: 1. Dead end mains shall be eliminated by looping the internal pipeline network. • mutually agreed upon by the Utilities Division and the Developer prior to 3. If oversizing of the project's water distribution facilities to meet the needs of the County Water Master Plan is required pursuant to Items E & F. the Developer shall enter into an Agreement with the Collier County Water Sewer District for that work. The Agreement must be finalized and accepted by the District prior to the approval of construction documents for the project by the County. Ci. The utility construction documents for the project's onsite sewerage system shall be prepared to contain the design and construction of the onsite and offsite forcemain which will ultimately connect the project to the future central sewerage facilities of the District at Pump Station 3.10, to be located on Tract 10 of the Foxfire Subdivision. The force main must be extended from the main onsite pump station to a point outside the project's southern boundary as specifically required by the Utilities Division and capped, unless the County's central sewer facilities are available for connection at the time of construction. It must be interconnected to the onsite main pump station with appropriately located valves to permit the simple redirection of the project's sewage when connection to the County's central sewer facilities becomes available. Ultimate connection to the County's Page 25 of 32 Words are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A required Agreement regarding the use of an interim sewage treatment facility as specified in Item 3 above. H. The utility construction documents for the project's onsite sewerage system shall be prepared so that all sewage ultimately flowing to the District's Master Pump Station No. 3 10 is transmitted by one (1) main onsite pump station. The Developer's engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the District's Sewer Master Plan. 78.9 SOLID WASTE DISPOSAL Arrangements and agreements shall be made with an approved solid waste disposal service to provide for waste collection service to all areas of the project. 78.10 OTHER UTILITIES Telephone, power and TV cable service shall be made available to all residential areas. All such utility lines shall be installed underground. 78.11 TRANSPORTATION A. The main entrance to the residential portion of the project (designated Briarwood Boulevard on the site plan) shall be in alignment with the main entrance to Foxfire Subdivision). B. The developer shall provide a fair share contribution to the capital cost of a traffic signal on Radio Road at the main entrance to the project when deemed warranted by the Transportation Administrator. The signal shall be owned, operated and maintained by Collier County. C-- The developer shall provide left and right turn lanes on Radio Road at the main of Radio Road. Com. The commercial tract Tracts B and C shall be limited to one access to Radio Road and one access to the future Livingston Road. Approval of these accesses at this time does not imply that median openings will be permitted when these roads are four laned. Appropriate turn lanes shall be provided at each access. DI=. The developer has dedicated twenty-five (25) feet of additional right-of-way throughout the project's Radio Road frontage and one hundred (100) feet of right- of-way along the section line at the project's western boundary. ER. These improvements are considered "site related" as defined in Ordinance 92-22 as amended and shall not be applied as credits toward any impact fees required by that ordinance. Page 26 of 32 Words are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A 78.12 ARCHITECTURAL REVIEW All buildings constructed within Briarwood must comply with the architectural review standards which shall be specified by the recorded covenants and deed restrictions that go with the properties. 78.13 ACCESSORY STRUCTURES Accessory structures must be constructed simultaneously with or following the construction of the principal structure and shall conform with the setbacks of the principal structure. 78.14 SIGNS All signs shall be in accordance with the Collier County Land Development Code. 78.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for offstreet parking areas, shall be in accordance with Section 2.1 of the Collier County Land Development Code. 78.16 PARKING, STORAGE, OR USE OF MAJOR RECREATIONAL EQUIPMENT Major recreational equipment is hereby defined as including boats and boat trailers, horse trailers, travel trailers, pickup camper or coaches (designed to be mounted or motorized vehicles), motorized dwellings or motor homes,tent trailers, popout campers, houseboats, and the like, and cases or boxes used for transporting recreational equipment, whether containing such equipment or not. No major recreational equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residentially zoned lot or in any location not approved for such use. Major recreational equipment may be parked or stored only in a completely screened area and cannot be seen from the exterior of the lot; provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed twenty-four(24) hours during loading and unloading. 78.17 PARKING COMMERCIAL VEHICLES IN RESIDENTIAL AREAS A. It shall be unlawful to park a commercial vehicle on any lot in a residential zoned district unless one of the following conditions exists: (1) The vehicle is engaged in a construction service operation on the site where it is parked. The vehicle must be removed as soon as the construction or service activity has been completed. (2) The vehicle is parked in a garage, carport, or fully screened area and cannot be seen from the exterior of the lot. (3) Automobiles, vans, pick-up trucks having a rated load capacity of less than one ton, shall be exempted from this Section. Page 27 of 32 Words are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A ;8.18 WATER MANAGEMENT A. The project shall be designed and constructed so as to direct the surface runoff from all areas of the project through the project water management system. B. A dry season pool may be maintained in the lakes portions of the project by pumping from the Golden Gate Canal. All required permits shall be obtained prior to pumping. C. Detailed site drainage plans shall be submitted to the Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Project Review Services. D. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and South Florida Water Management District rules. E. Copies of the approval from South Florida Water Management District for the conceptual plan and construction/operations permit for each phase of construction sites be provided. F. A revised Master Plan reflecting the relocations of Lakes 1, 2 and 7 to meet the requirements of Section 3.5 of the Collier County Land Development Code shall be submitted. The typical lake section shall also be planned to meet the requirements of the Collier County Land Development Code. G. All lakes will be "developer type" excavations unless commercial uses are intended and identified in the PUD document. 78.19 EXTERNAL ANTENNAS Antennas, including but not limited to T.V., C.B., F.M. and ham radio antennas, shall not be permitted to be located external to the principal or accessory structures in residential districts. 78.20 ENGINEERING A. No development activity shall begin prior to approval of final details plans, plats or Final SDPs. Excavation work may begin only upon specific agreements between the County and the applicant relating to quantity, location, clearing, submission of final plans, bonding, etc. B. All required Right-of-Way for Livingston Road and Radio Road shall be dedicated to the County prior to approval of construction plans for any tract. However,the dedication may be part of the first plat. C. Progress Avenue shall not be connected to the internal roadway system until Livingston Road is built. Page 28 of 32 Words stFue' o.'" •g;are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A D. A Preliminary Subdivision Plan submission shall be required, in accordance with Division 3.2 Subdivisions, of the Collier County Land Development Code as amended or superseded, on all tracts as they are individually developed. The submission will be administratively reviewed by staff prior to construction plan submission by the applicant. If the tract is not intended to be subdivided, the applicant will submit an SDP application. E. No variances to the subdivision regulations are requested, none given. F. Conservation areas shall be placed under conservation easements by separate easement or tract. Setbacks set forth in Section 3.2.8.4.7.3 the Collier County Land Development Code shall be maintained from Conservation areas. 78.21 ENVIRONMENTAL STIPULATIONS A. The PUD shall be in compliance with the environmental sections of the Collier County Land Development Code and Growth Management Plan, Conservation and Coastal Management Element at the time of final development order approval. B. In conjunction with Florida Game and Freshwater Fish Commission (FGFWFC), Petitioner shall transfer the gopher tortoises to the conservation areas and/or leave the tortoises where they are presently located. This is also in accordance with Policies 1.1.5 and 7.3.5 of the Collier County Conservation and Coastal Zone Management Element. C. Petitioner shall designate the three (3) areas along the western border of the site (the cypress wetland, xeric habitat, and cabbage palm hammock) as conservation areas. These areas shall be so designated on all subsequent site plans. Buffer zones, at least ten (10) feet wide (twenty (20) feet wide for Parcel 1 of 3 in Tract E), shall also be established around each conservation area and shall be designated on all future site plans. D. Development shall be in compliance with the provisions of Section 3.9.5.5.3 of the Collier County Land Development Code. Should any areas be required to be set aside for preservation to implement this provision, they shall not result in the reduction of density, or preclude the development of any single family uses identified on the PUD Master Plan and set forth in Exhibit A. Areas required to be set aside for preservation areas shall be platted as preserve areas. 8.22 PERMITTING A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals of fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Page 29 of 32 Words struckare deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx CAO 9A B. All other applicable state or federal permits must be obtained before commencement of the development. Page 30 of 32 Words are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9A SECTION VIII IX LANDSCAPE DEVELOPMENT 49.1 PURPOSE The purpose of this Section is to establish guidelines for the preservation of certain natural resources. 89.2 OBJECTIVE To enhance the quality of the environment for future residents of this development and the community as a whole by: A. Establishing guidelines for maximum utilization of existing natural vegetation within the development plan. B. Preservation of Tract E — three (3) conservation areas, in a natural unaltered condition. C. Establishing guidelines for re-vegetation of cleared areas. 49.3 LANDSCAPE DEVELOPMENT 49.3.1 Single Family Dwelling Sites: With the exception of platted portions of Unit One and Unit Two, all future single family development areas shall be in compliance with Division 2.4 of the Collier County Land Development Code. 49.3.2 Multi-Family, Streets and Right-of-Way and Commercial: (to include Tracts A, B and C) All landscaping for multi-family, and commercial tracts and streets and rights-of-ways shall be in accordance with Division 2.'I of the Collier County Land Development Code. 49.3.3 Tract E—Conservation Areas: A. Function: Preservation of an invaluable natural resource community. Provide an opportunity for study and enjoyment of the community. B. Treatment: Total protection of flora and fauna. Prohibit vehicle and construction equipment access. Removal of obnoxious exotics. Prevent removal of valuable plant life. Page 31 of 32 Words are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx i 9A 49.3.4 Florida Power&Light Right-of-Way: This area has been totally cleared and has been stabilized with Bahia grass. This area may be used in part as open space and shall be vegetated with appropriate grasses. 49.3.5 Lakes: A. Function: Provide water retention, recreations and visual quality for the community. B. Treatment: On completion of construction, lake banks will be re-vegetated with durable grasses to control erosion. Page 32 of 32 Words struck*meg"are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 9 IEXHIBIT A: PUD MASTER PLAN 4i I I v r ANO 11C£'SUMMARY ( U 11T4'11T Is MAC!SR sRrsE£ALRLY RCSIDOfRAL 89.7 AO TRACT A 1IULRPAWLY RESIOmRAL Imd AC MAGI B K k c uLVWry coutioncAI MO i w rrUCY D1 RCCR£ARO.I ARCA .1.00 AC i Ia�ACUVSOPVARAV ARCA ;0 AO 0 AO 18011-0C-WAY 27.00 AC rn LtauM7 FR C a ION AO NAV 280 AC . lar OM1SAACE/O NAV 2.58 AC ie: 7 R)lAL 209.17 AC MI 111.E IIII et) t t �t o . PROJECT INTERCONNECT(TYP) s � 2 sag ff. oh nib lir .4" ....mme/111111111 ' 111111,4 .00r a'I/ ��ISIP �`Ott � iI -- wv1 � .1.- * ♦. � 1•0_,„, fp. s TRACT E �� ,, ea e' 0si1 magi.16. V 1111 mil NM Nisi . sr vnw4ar(.xa.w�) ' ' r-Sg27CT au; 1121014114 MI ral �• - Irk ip, LI mg W1is • . 20'VOA WE Ci * (/)' :17 1 i esP. (...N‘"\:\it -): awnraasoMAO 41 f ♦ . AI TRACT A I emuHu 8 k C I1P CAL LAKE SECTION eke '`rr> TRACT.4 RADIO ROAD EffilARWOOD pvo ®�TILERI . eQogAw®®QEoog, Ino. 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LL ' r/ N- �� ate, O `� a Z W J O w\ w — / W LL O ,- H Z J tr , . , -',ft, 0 2 =I 0 ZQ U - X w � O• N 3 C O L 2 C co. f-" <_ 1 M w C N C o Q Z r"' v/ N O wZ �♦/ a C 3 WZ o W = n U _ U m o g I- ' U) w 5 WQt' U) ,„,. sr',, 9 A r. .04 FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State November 1, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa L. Cannon, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 17-42, which was filed in this office on November 1, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us