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Ordinance 2017-42 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 PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this ,N-4''day of Oe-1L1 , 2017. ATTEST:, BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROt K,LERK COLLIER Alp Y, FLORIDA • By: a.est .s`to ChairmanV, �`eputy Clerk PENNY LOR, Ch. an signature only. Approved as to form and legality: "4, Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A: PUD Document This ordinance filed with the Secretary of State's Office the St-day of L �! and acknowledgement j that filing recoiv d this J.. day Deo+utr Clerk 17-CPS-01661/219 B ri arwood/PUDA-PL20170000007 10/27/17 Words struck through are deleted, words underlined are added. Page 2 of 2 GP Exhibit 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 struck-through are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx CP©` 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 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 VIM LANDSCAPE DEVELOPMENT SECTION VIII IX LIST OF EXHIBITS EXHIBIT A BRIARWOOD DEVELOPMENT PUD MASTER PLAN EXHIBIT A-I TRACT B AND C MULTI-FAMILY MASTER PLAN EXHIBIT 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-1 MULTIFAMILY Page 3 of 32 Words are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC'BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 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 1/2; and the Southeast 1/4 of the Northwest 1/4; and the Southeast 1/4 of the Southwest '/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 'A 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 '/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(:.tome Centers. Inc. Page 4 of 32 Words a k 'ouugh are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 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 %z 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. I 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 struek through are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 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, 5 . 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 struek are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 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 644 920 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 4.40 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 are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 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 stFue4E4hreugh are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 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 struck t"ough are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx i 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 struckrte are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 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 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 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 skate are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 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 stfuek-three are deleted,words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx \ J 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 struck through are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 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 2.7.1, 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 are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 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 struek through are deleted;words underlined are added. H:A2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 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 are deleted,words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 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 TABLE 1 Development Standards Multi-Fantilh Accessory 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, Yards—External,'leasured from Tract Boundaries kts haricz 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 —Lake' 30 feet 20 feet 30 feet Min. Yards-Internal to Tracts B&C Min. Yards adjacent to internal paved 0 feet for vehicular 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.WaterbedyLake 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 streek-through are deleted;words underlined are added. H:U2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 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 A. 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. 13. 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 are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 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. G. 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 are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 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. ;8.4 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. ;8.5 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 struck are deleted;words underlined are added. H\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 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. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the be in a position to provide water and/or sewer services to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's offsite water and/or sewer facilities are 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 interim water supply and onsite treatment facilities and/or interim onsite sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer binding on the Developer, his assigns or successors Page 24 of 32 Words stftieli-t rough are deleted;words underlined are added. H:\2016\.2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx for the project and be in conformance with the requirements of the Collier County Land Development Code. D. If an interim onsite water supply, treatment and transmission facility is utilized to serve 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 capacity to serve this project and reinforced as required, consistent with the 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 District's twelve (12) inch water main on Radio Road, extendedto and throughout the project, terminating at the project's north property line at a point established by the Utilities Division, consistent with the findings of Item E above. During distribution system: 1. Dead end mains shall be eliminated by looping the internal pipeline network. 2. Stubs for future system interconnection with adjacent properties shall be mutually agreed upon by the Utilities Division and the Developer prior to the design phase of the project. 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 F & 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. C. 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 sewerage facilities will be the responsibility of the Developer pursuant to the Page 25 of 32 Words are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx 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 (l) 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. ;8.9 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. 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 laving of Radio Road. CP. 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. D€. 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. EF. 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 ;8.12 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. ;8.13 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 ;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 struekthrough are deleted,words underlined are added. H:\2016\2016106\PUDA\BCC\BRIAR WOOD PUD(PUDA-PL2017000007)(10-24-2017).docx Cp` 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 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 struek-through are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx S B. All other applicable state or federal permits must be obtained before commencement of the development. Page 30 of 32 Words stfuek4hfeugh are deleted;words underlined are added. H:\20I6\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx SECTION VIII IX LANDSCAPE DEVELOPMENT S9.1 PURPOSE The purpose of this Section is to establish guidelines for the preservation of certain natural resources. -9.2 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. X9.3.2 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. 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 stru khough are deleted;words underlined are added. H.\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx • 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. 89.3.5 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 are deleted;words underlined are added. H:\2016\2016106\PUDA\BCC\BRIARWOOD PUD(PUDA-PL2017000007)(10-24-2017).docx •. , ., . _ _ _ EXHIBIT A: PUD MASTER PLAN , I W I I�l I I v I AND ILCP SUA1MARY ��//1\ I Infer IS` rRACr Si) SW FAL 1 ALY RESIORIRAL 89,7 AC I( V RIAC1 AI 111.417FALLLY RES101NRAL I,9 AC i '— mar 6*Co COWALYRfY CouuERICAL ISO AC "—' L-4 Mar Dr RECREARAV ARCA .100 AC 1 LAAREA SfRVARAV ARCA ZOO J1.00AC AC Rk111-dR-WAY 97,00 AC nt usn+ar PK EN AO RAY 280 AC . CREN SPACE/OMER ZSB AC M_ r ; TOW 909,17 A0 I MEI� Ell NE N ,*ell PROJECT INTERCONNECT(TYP) NIA US wzra am a saillir 21.1 eli " upj i :1/10Pc . . 1111140 N GGL� 76 �� \� TRACT E ' ,,``, ,. ��ao r: :MMI 111 "ii "Ill 11111 T 511111t V • les Nike Sul 3 ma . A 31.PMCWINT;rkL CUM) ' I— _ �l rwa.1 hob NM ii MN ,'7VSE10 -r"' ''11VII TYPIRAL ROADWAY SECngy 4101:# mi .,.7 1 SPG G�' � "Ill (LI'' MIMI%a so Row ; L•-.R �T i 1 al TRACT A 1 Bor,w(-):a TRACT B do C TYPIDAI IANA'scOnNl be TRACT A_ _ RADIO ROAD iTITIna '(�OOU LJu/ M����� QQUQ serene, Eno. A PARCEL IN SECTION 31, r 49 S, R 25 E, COLLIER COUNTY, FLORIDA RE-SUBMITTAL PDI-2003-AR-4061 PROJECT#19990137 . DATE:7/29/03 KAY DESELEM NOTEI As modified by Exhibit A-1 as to multifamily development on Tract B & C, 11 I NEli _ i s 4 N w p I- r24 f=4 i i ori �rig � x F Q O vp w rwL.�w 00 rw U z � w w e 8 scc oxw oc� � ma � '" F" � wZ C� CYC i yiz3 R C7 €zoHUQmW W w < Qw t.., ? 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' -)j1r. 3 '..));,,, v 3NI1Al2l3dO2id w 0 D w H Et LIJ z LL O x.7 o LL I— W O ,o Z W J W , Q U: w Q Z o W Woaa a.z I— 0_ �'¢ / 9'k�x }�, W Z O ; , \ 0 Lu • f 'w� W O o v4 .• '''tJ LL •••••• Et 0 W /Q S _ - „ n # LL: Z LL CI. _ w _O — W\ W / W ''' U) —I— Z ` r D } ` 2 Z LL J H U X Ir.; oiL_ {N is of A ' c N 3 N N > la 3 'O Fu p�p I— O V <J Cr) NO9 L cz Oti O 0 Q Z Z (nN I— W W F- a > U z . a, 0 y o _ -) CO J w > W < Q O) 0,, vitt, s, s,..,40p 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