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Backup Documents 04/23/2013 Item #17B 17W ., , ::4 II COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday,March 29,2013,and furnish proof of publication to a attention of Kay Deselem, Principal Planner in the Planning & Zoning Department, Zoning Services,2800 North Ho hoe Drive,Naples,Florida 34104. 4 Originating Dept/Div: G11D/Planninn&Zoning Person:Kay Deselem,Principal Planner Date: March 19,2012 Petition No.PUDA-PL20120002136: BROOKS VILLAGE CPUD Petitioner: Sembler Fami Partnership#41,LTD;5858 Central Ave;St.Petersburg,FL 33707 Name&Address of any n(s)to be notified by Clerk's Office:Patrick Vanasse,AICP;RWA,Inc.;6610 Willow Park Dr,Ste 200;Naples,FL 34109 an R.Bruce Anderson,Esq.; Roetzel&Andress; Trianon Center, 3rd Floor; 850 Parkshore Drive; Naples,FL 34103 Hearing before: X BCC BZA Other Requested Hearing date:Tuesday,April 23,2013. Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used: aples Daily News Proposed Text: See Atta ed Companion petition(s),if y&proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: Department: Planning &I Zoning Dept., Zoning Services; Fund & Cost Center: 131-138326-649100-00000; Purchase Order Number: 4500140024;Adcount Number:068779 Reviewed by: /j 3- >q- 13 II ivisio iii I I inistrator or a signee Date List Attachments: Ordina,ce DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Malnager. Note: If legal document 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: Requesting Division Original Clerk's Office Other hearings: Iniitiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. FOR CLERK'S OFFICE FUSE ONLY: Date Received: 51 a I l ) : )'S Date of Public Hearing: 13 Date Advertised: `�' I il 13 { Teresa L. Cannon 179 From: DeselemKay <KayDeselem @colliergov.net> Sent: Friday, March 22, 2013 11:05 AM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan;Ann P.Jennejohn; Neet, Virginia; Rodriguez,Wanda;Wells, Laura; Brock, Mary Jo Subject: PUDA-PL20120002136: BROOKS VILLAGE CPUD for 4/23 BCC Attachments: signed ad request.pdf; Ordinance 2-12-13.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. Kay Deselem, AICP, Principal Planner Zoning Services--Planning&Zoning Department Growth Management Division--Planning d Regulation 2800 N Horseshoe Drive Naples, FL 34104 Phone: 239-252-2931 Fax: 239-252-6357 kaydeselem@colliergov.net ;}..la(.._3' is ..,C o,J) ,¢4 ,_1.a..a,].t f7.a L,�, - Era[a t.ir s',...,n oosed t t'"C sj, .,.. r ,ra Sc; v.,i.7,�.i�',, ,,r (.) lot si're'd....... ...oar at to th.,on-ro, orost th o<rf E; r t ,,.or 13 wnt np. 1 17BI NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday,April 23,2013, 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: ORDINANCE No. An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 06-42, the Brooks Village Commercial Planned Unit Development(PUD), by adding a right-in only access point on Pine Ridge Road; by changing the hours ofjoperation of the outparcels fronting on Pine Ridge Road to 24 hours; by changing the access on 11th Avenue SW from ingress only to ingress and egress; by amending the Master Plan; and by revising and deleting developer commitments. The property is located on the southwest quadrant of the intersection of Collier Boulevard (CR 951)and Pine Ridge Road(CR 896), in Section 15, Township 49 South, Range 26 East, Collier County Florida consisting of 22.7 acres; and by providing an effective date. 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 5 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 Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted Nstening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ,CHAIRWOMAN DWIGHT E. BROCK,CLERK By: /s/Patricia Morgan Deputy Clerk(SEAL) 178 ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 06-42,THE BROOKS VILLAGE COMMERCIAL PLANNED UNIT DEVELOPMENT (PUD), BY ADDING A RIGHT-IN ONLY ACCESS POINT ON PINE RIDGE ROAD; BY CHANGING THE HOURS OF OPERATION OF THE OUTPARCELS FRONTING ON PINE RIDGE ROAD TO 24 HOURS; BY CHANGING THE ACCESS ON 11TH AVENUE SW FROM INGRESS ONLY TO INGRESS AND EGRESS; BY AMENDING THE MASTER PLAN; AND BY REVISING AND DELETING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON THE SOUTHWEST QUADRANT OF THE INTERSECTION OF COLLIER BOULEVARD (CR 951) AND PINE RIDGE ROAD (CR 896), IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA CONSISTING OF 22.7 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, SEMBLER FAMILY PARTNERSHIP #41, LTD., represented by Patrick Vanasse, AICP of RWA, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, P.A., petitioned the Board of County Commissioners to amend the PUD. 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. 06-42, 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. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of , 2013. Brooks Village CPUD Page 1 of 2 PUDA-PL20120002136—rev.011713 178 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk GEORGIA A. HILLER, ESQ. Chairwoman Approved as to form and legal sufficiency Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A- PUD Document CP\12-CPS-01196\19 Brooks Village CPUD Page 2 of 2 PUDA-PL20120002136—rev.011713 17B J1 BROOKS VILLAGE A COMMERCIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BROOKS VILLAGE,A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: SEMBLER FLORIDA, INC 5858 CENTRAL AVENUE ST. PETERSBURG, FL 33707-1728 PREPARED BY: RWTA CONSULTING .L L • V.L -IL 6610 WILLOW PARK DRIVE SUITE 200 NAPLES,FLORIDA 34109 And ROETZEL AND ANDRESS 850 PARK SHORE DRIVE TRIANON CENTRE-THIRD FLOOR NAPLES,FLORIDA 34103 DATE REVIEWED BY CCPC 84404 DATE APPROVED BY BCC 9/26/06 ORDINANCE NUMBER 06- AMENDMENTS AND REPEAL PI-DA-P120120002136,Brooks Villaee MID Words Struek-Whoa are deleted and worth underlined are added. 2/12/12 Pace 1 of 29 17B TABLE OF CONTENTS List of Exhibits + Page 3 Statement of Compliance -ii Page 4 Section I Property Ownership,Legal Description +-1-Paze 6 Section II Project Development Requirements 14-4-Page 9 Section III Commercial Development Standards 4-14-4-Page 13 Section IV Preserve Area 1-V-4-Page 20 Section V Development Commitments V-I-Page 21 PUDA-P1,20120002136,Brooks Villaee CPUD Words Struck-fhru are deleted and words underlined are added. 2/12/12 Page 2 of 29 { 178 4 LIST OF EXHIBITS EXHIBIT"A" CPUD MASTER PLAN Page 27 EXHIBIT"B" RIGHT-OF-WAY WATER MANAGEMENT EXHIBIT Page 28 PUDA•PL20120002136,Brooks Villaee CPUD Words Struek-thra-are deleted and words underlined are added. 2/12/12 Page 3 o1 29 17B BROOKS VILLAGE CPUD (Commercial Planned Development) STATEMENT OF COMPLIANCE The development of approximately 22.7 acres of property in Collier County, Florida as a Commercial Planned Unit Development(CPUD)to be known as the Brooks Village CPUD shall comply with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan(GMP). A. Golden Gate Area Master Plan 1. The CPUD shall make provisions for shared parking arrangements with adjoining developments(Collier Boulevard and Pine Ridge Road Center of the Golden Gate Area Master Plan Ordinance 2004-71). 2. Water retention/detention areas shall be allowed in the buffer area if the buffer area is left in natural state and drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004-71). 3. The applicant retains the right to construct fences or walls on the commercial side of the required landscape buffer for the residential property to the west. The fences or walls will not exceed five (5) feet in height, and shall be constructed of brick, stone, or wood. Concrete post, or rail type fences and walls, which are also permitted, shall be of open design(not covered by slats,boards or wire). 4. The proposed development has provided a seventy-five (75) foot wide buffer on the west side of the property which abuts a residential land use. Fifty (50) feet of the width of the buffer along the developed area shall consist of retained native vegetation in accordance with the LDC. The native vegetation retention area may consist of a perimeter berm and be used for water management detention in accordance with the provisions of the Collier Boulevard and Pine Ridge Road Center of the Golden Gate Area Master Plan Ordinance 2004-71. 5. The proposed development shall follow the guidelines of permitted uses in Section III of this Document that are appropriate for the Collier Boulevard and Pine Ridge Road Center, with the following specific prohibited uses set forth in the Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004-71: Drinking Places(5813)and Liquor Stores (5921) Mail Order Houses (5961) +1 PUDA-PL20120002136,Brooks Vitiate CPUD Words Struek-thruare deleted and words underlined are added. 2/12/12 Page 4 of 29 17B Merchandizing Machine Operators(5962) Power Laundries(7211) Crematories(7261)(Does not include non-crematory Funeral Parlors) Radio,TV Representatives(7313)and Direct Mail Advertising Services(7331) NEC Recreational Shooting Ranges,Waterslides,etc.(7999) General Hospitals (8062),Psychiatric Hospitals(8063),and Specialty Hospitals (8069) Elementary and Secondary Schools(8211), Colleges(8221),Junior Colleges(8222) Libraries (8231) Correctional Institutions(9223) Waste Management(9511) Homeless Shelters (8361), and Soup Kitchens Sexually Oriented Businesses,as defined by Ordinance No. 91-43,as may be amended. B. Transportation 1. The proposed access points do not exceed the required one per 180 feet, commencing from the right-of-way of Collier Boulevard and Pine Ridge Road (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004-71). 2. The proposed development shall combine driveways, and curb cuts shall be consolidated with adjoining developments, whenever possible (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004-71). 3. The Master Concept Plan provides a 25-foot wide landscape buffer abutting the external right-of-way for the entire site (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004-71). PUDA-PL20120002136.Brooks Villaee CPUD Words Struek-the*-are deleted and words underlined are added. 2/12/12 Page 5 0'29 178 SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP& GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed for development under the project name Brooks Village CPUD. 1.2 LEGAL DESCRIPTION PARCEL 1 THE EAST 180 FEET OF TRACT 107 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2 THE NORTH 180 FEET OF TRACT 1 1 1 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 3 THE SOUTH 150 FEET OF TRACT 111 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 4 THE NORTH 150 FEET OF TRACT 112 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 5 THE SOUTH 180 FEET OF TRACT 112 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED N PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 6 THE NORTH 180 FEET OF TRACT 113 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. 14 PUDA-PL20120002136,Brooks Villa¢e CPUD Words Struek-titre-are deleted and words underlined are added. 2/12/12 Page 6 of 29 17B PARCEL 7 THE SOUTH 150 FEET OF TRACT 113 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 8 THE NORTH 150 FEET OF TRACT 114 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 9 THE SOUTH 180 FEET OF TRACT 114 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COMBINED PARCELS =990,297.7 SQUARE FEET OR 22.7 ACRES MORE OR LESS. 1.3 PROPERTY OWNERSHIP The property is currently owned by Sembler Family Partnership #41 LTD. for purchase by Sembler Florida, Inc., from LDJ Associates, Ltd., a Florida Limited P 1.4 GENERAL DESCRIPTION The applicant is proposing an amendment to a CPUD located within the Estates Designation, and the Neighborhood Center Sub-district identified on the Golden Gate Area Future Land Use Map, of the GMP. The Estates Land Use Designation encompasses lands which are already subdivided into semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision. The Neighborhood Center Subdistrict recognizes the need to provide basic goods, services and amenities to Estates residents(Ordinance 2004-71). The t 22.74 acre property is located on the southwest quadrant of the intersection of Collier Boulevard (CR-951), and Pine Ridge Road (CR-896), and is bordered by 1 1th Avenue SW on the south, in Golden Gate Estates Unit 26, Section 15, Township 49 South,Range 26 East. Approximately 1.982.42 acres of the property has been;or will be taken as right-of-way for Pine Ridge Road, Collier Boulevard, and 11th Avenue SW and are not included in the development area of the project. PLDA-PL20120002136,Brooks Village CPU D Words Struek-thra-are deleted and words underlined are added. 2/12/12 Page 7 ot'29 17B 1.5 PROJECT DESCRIPTION The Brooks Village CPUD shall offer intermediate commercial and retail uses to the surrounding Estates residents. The proposed land uses are typically associated with major intersections, including, but not limited to retail with a major anchor component, convenience stores with gas pumps, restaurants (sit-down or drive-through), a grocery store, and business/office uses or financial institution uses with drive-through lanes. The Brooks Village CPUD will not exceed 105,000 square feet of gross leasable floor area. Pursuant to the Golden Gate Area Master Plan, this particular Neighborhood Center may be fully utilized as 100 percent commercial development. The proposed project site is presently undeveloped, but portions of the property have been disturbed by clearing and off-road vehicle use. The property is generally without topographic relief, with elevations ranging from 10.2 feet to 12.8 feet NGVD in the undisturbed areas. The project will meet,or exceed the 30 percent usable open space requirement of the LDC. Run-off will be channeled to two dry detention areas totaling approximately± 0.95 acres, and an additional ±1.46 acres will be designated as a wet detention area north of 11th Avenue SW. The detention area size may be adjusted at the time of site development approval if needed. The designated retention areas will comply with the South Florida Water Management District regulations as well as the applicable sections of the GMP and the LDC. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Brooks Village Commercial Planned Unit Development". 14 PUDA-PL20120002136,Brooks Village CPUD Words Struck-thr-a-are deleted and words underlined are added. 2/12/12 Page 8 a29 176 f SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate the project plan of development, relationships to applicable County Ordinances, the respective land uses of the Brooks Village CPUD, as well as other project relationships. 2.2 GENERAL A. Regulations for the development of Brooks Village CPUD shall be in accordance with the contents of this Document, the Golden Gate Area Master Plan, the Collier County Land Development Code and the Growth Management Plan in effect at the time of the development order approval. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order approval. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Brooks Village CPUD shall become part of the regulations which govern the manner in which the CPUD site may be developed. D. Unless modified, waived or deviated from by this CPUD, the provisions of other sections of the LDC,where applicable,remain in full force and effect with respect to the development of the land which comprises this CPUD. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including land uses for the various tracts is illustrated graphically by Exhibit"A,"CPUD Master Plan. 114 PUDA-P120129002136.Brooks Village CPt D Words Struek-thru-are deleted and words underlined are added. 2/12/12 Page 9 .29 { 17B TABLE I PROJECT LAND USE TRACTS TYPE ACREAGE± TRACT"C" COMMERCIAL 17.6 17.18 TRACT"P" PRESERVE 3.1 Right-of-way outside development area 2702.42 TOTAL 22.7 1. Areas illustrated as lakes on Exhibit"A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas shall be in the same general configuration and contain approximately the same acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of the LDC, or as otherwise permitted by this CPUD Document. 2. In addition to the various areas and specific items shown on Exhibit"A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 PROJECT PLAN APPROVAL REQUIREMENTS 1. Required improvements shall receive approval of the appropriate County governmental agency to insure compliance with the LDC prior to final development order for all or part of the CPUD. A. Exhibit "A", CPUD Master Plan, constitutes the required CPUD Development Plan. Any division of property and the development of the land shall be in compliance with the LDC, and the platting laws of the State of Florida. 2. Appropriate instruments shall be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.5 LAKE EXCAVATIONS Removal of fill from the Brooks Village CPUD shall be limited to an amount up to ten percent(10%) (to a maximum 20,000 cubic yards),of the total volume excavated unless a commercial excavation permit is received. Complied with. 2.6 AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN Changes and amendments may be made to this CPUD Ordinance or CPUD Master Development Plan,Exhibit"A",as provided by the LDC. 442 PUDA-P1.20120002136.Brooks Villaee CPUD Words Struck-Hare deleted and words underlined are added. 2/12/12 Page 10 of 29 17B 2.7 DEDICATION AND MAINTENANCE OF COMMON AREAS& FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements dedications or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the Brooks Village CPUD. Complied with. Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within the Brooks Village CPUD, the developer shall provide appropriate legal instruments for the establishment of a property owners' association whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of the LDC. Complied with. All common areas shall be maintained by the owner, and/or a property management company under contract with the property owners' association. Complied with. 2.8 FILL STORAGE- Complied with. Notwithstanding the provisions of the LDC, fill storage is generally permitted as a principal use in the Brooks Village CPUD. Fill material generated may be stockpiled within areas designated for commercial development. Prior to stockpiling in these locations, a vegetation removal and site filling permit, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height:thirty-five(35)feet C. Fill storage areas shall be screened with a security fence at least six(6)feet in height above ground level. If fill is spread to a height less than five feet over commercial development areas that are depicted on an approved SDP,or approved subdivision improvement plans,no fencing is required. D. Soil erosion control shall be provided in accordance with the LDC. E. Fill storage shall not be permitted in Preserve Areas. 2.9 REQUIRED ENVIRONMENTAL PERMITTING—Complied with. Where the development of land within the Brooks Village CPUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 1 P1.DA-PL20120002136,Brooks Village CPUD Words mare deleted and words underlined are added. 2/12/12 Page 11 of 29 { 17B 2.10 NATIVE VEGETATION RETENTION REQUIREMENTS—Complied with. Pursuant to the GMP and the LDC,a minimum of 3.1 acres(15%of the native vegetation on site) is required to be retained or replanted. Tract "P" contains approximately 3.1 acres. For the purposes of this CPUD, the Preserve Tract will fully satisfy these native vegetation requirements. Native vegetation areas do not include those areas of vegetation that have a seventy-five percent(75%),or greater canopy coverage of exotic species. 2.11 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to the LDC,upon adoption of the CPUD Ordinance and attendant CPUD Master Plan, the provisions of the CPUD Document become a part of the LDC, and shall be the standards of development for the CPUD.Thenceforth,development in the area delineated as the CPUD District on the Official Zoning Atlas will be governed by the adopted development regulations,the CPUD Master Plan,and applicable portions of the LDC. 144 PUDA-PL20120002136,Brooks Villaae CPUD Words are deleted and words underlined are added. 2/12/12 Page 12 of 29 178 SECTION III COMMERCIAL DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to identify permitted uses for areas designated as Tract"C" on the CPUD Master Plan,Exhibit"A." 3.2 PERMITTED USES The following are selected permitted uses provided for in the commercial zoning districts C-1, C-2 and C-3. None of the following Permitted Uses are subject to a gross floor area/square footage limitation. A. 1) Accounting,auditing and bookkeeping services(Group 8721). 2) Apparel and accessory stores(Groups 5611-5699). 3) Auto and home supply stores(Group 5331). 4) Automotive services(Groups 7542, limited to car washes in conjunction with a convenience store, and 7549, limited to automotive lubricating service and window tinting). 5) Barber shops(Group 7241),except barber schools. 6) Beauty shops(Group 7231), except beauty schools. 7) Business services(Groups 7334, 7335, 7336, 7338, 7384). 8) Child day care services (Group 8351). 9) Civic, social and fraternal associates (Group 8641). 10) Depository institutions (Groups 6011-6099). 11) Eating places(Group 5812 only,beer,wine and liquor sales for consumption on premise permitted). 12) Food stores, including convenience stores with an accessory car wash (Groups 5411-5499). 13) Gasoline service stations,except for truck stops(Group 5541, subject to the provisions of the LDC). Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition tt PUDA-PL20I20002136,Brooks Viliaee CPUD Words Struek-thrar-are deleted and words underlined are added. 2/12/12 Page 13 01'29 { 178 4 14) General merchandise stores(Groups 5331-5399). 15) Hardware stores(Group 5251). 16) Health services(Groups 8011-8049, 8082). 17) Home furniture, furnishing, and equipment stores(Groups 5712-5736). 18) Insurance carriers,agents and brokers(Groups 6311-6399, 6411). 19) Legal services(Group 8111). 20) Management and public relations services(Groups 8741-8743, 8748). 21) Membership organizations(Groups 8611-8699). 22) Miscellaneous repair services (Groups 7631 and 7699 bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 23) Miscellaneous retail (Groups 5912, 5941-5949, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, fireworks, monuments, swimming pools,tombstones and whirlpool baths). Drug and prescription stores may have drive-through facilities. 24) Museums and art galleries(Group 8412). 25) Non-depository credit institutions(Groups 6111-6163). 26) Offices for engineering,architectural,and surveying services(Groups 0781, 8711-8713). 27) Paint,glass and wallpaper stores(Group 5231). 28) Permitted uses with less than 700 square feet of gross floor area in the principal structure(ie: kiosks and vending cart sales). 29) Personal services (Groups 7212, pick-up and drop-off only, with no on- site dry cleaning permitted , Group 7291, Group 7299, babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). 30) Photographic studios(Group 7221). 31) Physical fitness facilities(Group 7991). Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition III 2 Pl:DA-PL20120002136,Brooks Viline CPUD Words Straek-thru are deleted and words underlined are added. 2/12/12 Page 14 cif 29 { 17B 32) Public administration(Groups 9111-9199, 9229,9311, 9411-9451,9511- 9532, 9611-9661). 33) Real estate(Groups 6531-6552). 34) Retail nurseries, lawn and garden supply stores(Group 5261). 35) Shoe repair shops and shoeshine parlors(Group 7251). 36) Security and commodity brokers,dealer, exchanges and services (Groups 6211-6289). 37) Transportation services(Group 4724),travel agencies only. 38) United States Postal Service (Group 4311 except major distribution center). 39) Veterinary services(Groups 0742,0752 excluding outside kenneling). 40) Videotape rental(Group 7841). 41) Any other land use which is comparable to a land use identified in the above-referenced list of permitted uses subject to the procedures set forth in the LDC for granting such comparable land use approvals. Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities and signage. 2) Eating/picnic areas. 3) Storm water management facilities and structures. 4) Uses and structures that are accessory and incidental to the uses permitted as of right in the C-1,C-1/T District in effect as of the date of approval of this CPUD. 5) Uses and structures that are accessory and incidental to the customary uses permitted as of right in the C-2 District in effect as of the date of approval of this CPUD. 6) Uses and structures that are accessory and incidental to the uses permitted as of right in the C-3 District in effect as of the date of approval of this CPUD. 111 3 P ■DA-PL20120002136,Brooks Village CPUD Words Struelc-thru-are deleted and words underlined are added. 2/12/12 Page 15 0.29 { 17B B. Prohibited Uses 1) Metal mining(Major Group 10). 2) Coal mining(Major Group 12). 3) Oil and gas extraction(Major Group 13). 4) Mining and quarrying of nonmetallic minerals,except fuels (Major Group 14). 5) Drinking places(Group 5813)and liquor stores (Group 5921). 6) Mail order houses(Group 5961). 7) Merchandizing machine operators(Group 5962). 8) Power laundries(Group 7211). 9) Crematories(Group 7261)(Does not include non-crematory funeral parlors). 10)Radio,TV representatives(Group 7313)and direct mail advertising services (Group 7331). 11)NEC recreational shooting ranges,waterslides,etc. (Group 7999). 12)General hospitals(Group 8062),psychiatric hospitals(Group 8063),and specialty hospitals(Group 8069). 13)Elementary and secondary schools(Group 8211),colleges(Group 8221), junior colleges (Group 8222), libraries(Group 8231). 14)Correctional institutions(Group 9223). 15)Waste management(Group 9511). 16)Homeless shelters(Group 8361)and soup kitchens. 17)Sexually oriented businesses,as defined in Ordinance No. 91-43, as may be amended. Reference Executive Office of the President,Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition PUDA-PL20120002136,Brooks Village CPUD Words Struck-thru are deleted and words underlined are added. 2/12/12 Page 16 of 29 17B 3.3 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to the project perimeter, individual parcel or lot boundary lines,or between structures, as applicable. B. MAXIMUM COMMERCIAL INTENSITY: No more than one-hundred and five thousand (105,000) square feet of gross leasable floor area may be developed within the CPUD. No single permitted use may exceed 60,000 square feet of gross leasable floor area. C. PUBLIC OPEN SPACE: A public open space shall be provided as green space within a pedestrian-accessible courtyard as required by the LDC. No buildings or parking facilities shall be permitted within the south one hundred (100') feet of Golden Gate Estates Tract 114. Signage, concrete sidewalks, ingress and incidental traffic pavement as provided in Subsections 3.3.F and 3.3.1 below are permitted in this area. Complied with. D. PEDESTRIAN WAYS: The commercial land uses shall be interconnected by pedestrian friendly sidewalks, walkways, and marked crosswalks through the parking areas. Complied with. E. ARCHITECTURAL STYLE: All buildings shall have tile roofs, "Old Florida style" metal roofs, or decorative parapet walls above the roofline. The buildings shall be finished in light, subdued colors, except for decorative trim. Complied with. F. SIGNAGE: Shall be as permitted in the LDC, except that on 11th Avenue S.W. the following limitations apply: (i) Signage in the 11t Avenue SW Right-of-Way shall be limited to traffic signage as approved by the Collier County Department of Transportation; (ii) Should there be ingress into the shopping center from 11`l' Avenue SW, then the shopping center will not have a "Directory Sign" as defined in 5.06.04 C.3., nor an"on-premise sign" as defined in 5.06.04 C., on 11th Avenue SW; (iii) Commercial directional or identification signs as provided in LDC Sub- section 5.06.04 C13. shall be allowed along any center driveway that connects to 11`"Avenue SW. Any Collier Boulevard entry sign for the shopping center shall be a minimum of seventy-five(75)feet from 11th Avenue SW. Complied with. G. PUD Master Plan: - ' - ! • - ' • . -- • • • - •• - permitted design latitude of twenty five (25%) percent flexibility of land use - II' - - . -l-l-4—The facilities and improvements shown on this CPUD master plan shall be considered conceptual in nature and shall be defined at either SDP approval, construction plans, or plat approval. No vertical construction shall be permitted on the south 100 ft. of Golden Gate Estates Tract 114. Complied with PUDA-PL20120002136.Brooks Village CPUD Words Straek-ihru-are deleted and words underlined are added. 2/12/12 Page 17 of 29 178 H. HOURS OF OPERATION: Customer operating hours shall be limited to the hours between 6:00 AM and Midnight with the exception of the three outparcels fronting on Pine Ridge Road, which may be open 24 hours. . All three outparcels along Pine Ridge Road may build drive—thru structures or buildings however, if the western most out parcel along Pine Ridge Road utilizes the 24 hr. operations and includes a drive through, then the drive through must be located on the eastern side of the building or structure.lf the western most out parcel does not have 24 hr.operations for its drive-thru, then the drive-thru can be on any side of the of the building or structure allowed by the LDC. Shopping center deliveries shall be limited to the hours between 6:00 AM and 10:00 PM. I_. ACCESS LIMITATION: Connection to 11th Avenue SW shall be limited to ingrress-enly-a single access point. Complied with. 111-6 PUDA-PL20120002136.Brooks Village CPUD Words Streek-Artsare deleted and words underlined are added. 2/12/12 Page 18 or 29 178 TABLE II COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES MAXIMUM BUILDING COVERAGE NONE MINIMUM LOT AREA 10,000 Square Feet(S.F.) MINIMUM LOT WIDTH 75 FEET MINIMUM FLOOR AREA 700 S.F.* FLOOR AREA RATIO NONE MAXIMUM GROSS LEASABLE 105,000 FLOOR AREA MIN FRONT YARD 50%of the building height,but not less than 25 feet** MIN SIDE YARD 50%of the building height,but not less than 15 feet MIN REAR YARD 50%of the building height,but not less than 15 feet MIN PRESERVE SETBACK 25 FEET MIN.DIST.BETWEEN STRUCTURES 30 FEET MAX.BLDG.HT. 50 FEET*** ACCESSORY STRUCTURES FRONT 10 FEET SIDE NONE REAR NONE PRESERVE SETBACK 10 FEET MIN.DIST. BETWEEN STRUCTURES 50%of the building height,but not less than 15 feet * Temporary or mobile sales structures are permitted to have a minimum floor area of 25 square feet,and are not subject to setback requirements as set forth above. ** Parcels with two frontages may reduce one front yard by 10 feet. *** Actual building height as defined by the LDC. 111 7 PI'DA-PL20120002136,Brooks Villa¢e(TUB Words S1rxek-thru-are deleted and words underlined are added. 2/12/12 Page 19 of 29 17B • • SECTION IV PRESERVE AREA 4.1 PURPOSE The primary function and purpose of Tract P is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, in their natural state and to utilize this Tract for buffering from property abutting the Neighborhood Center as provided in the Golden Gate Master Plan. 4.2 USES PERMITIED 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, subject to regional, State and Federal permits,when required: A. Principal Uses: 1) Native preserves. 2) Water management facilities. 3) Mitigation areas. 4) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes. W4 PUDA-PL20120002136,Brooks Village CPUD Words Struek-t#ru are deleted and words underlined are added. 2/12/12 Page 20 of29 17B 101 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 GENERAL The developer,his successor or assignee, shall follow the Master Plan and the regulations of the CPUD as adopted. In addition, any successor or assignee in title to the developer is bound by any commitments within the CPUD. These commitments may be assigned or delegated to a commercial property owners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 5.3 DEVELOPMENT COMMITMENTS SPECIFIC TO THE BROOKS VILLAGE CPUD Development commitments specific to this CPUD are specified in Paragraph 5.7. 5.4 GENERAL COMMITMENTS A. Exhibit "A", CPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries, or special land use boundaries shall not be construed to be final,and may be varied at anytime at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. 5.5 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Brooks Village CPUD, except in preserve areas where landscape buffers are prohibited. However perimeter preserve areas may act as a buffer. All landscaping shall be in accordance with the Collier County LDC in effect at the time of final site development plan approval. The following standards shall apply: A. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. B. No structure shall encroach into a required landscape buffer unless permitted by the LDC. V4 PUDA-PL20I20002136,Brooks Village CPUD Words Stfxel-thr+fare deleted and words underlined,are added. 2/12/12 Page 21 of 29 178 4 Sri C. The applicant retains the right to construct fences or walls on the commercial side of the required landscape buffer for the residential property to the west. The fences or walls will not exceed five (5) feet in height, and shall be constructed of brick, stone, or wood. Concrete post, or rail type fences and walls, which are also permitted, shall be of open design(not covered by slats,boards or wire). D. The Brooks Village CPUD shall provide a 25-foot wide landscape buffer abutting the external right-of-way. This buffer shall contain two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double row hedge at least 24 inches in height at time of planting and attaining a minimum of three feet in height within one year. A minimum of 50% of the 25-foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers other than grass. Existing native trees shall be retained within this 25-foot wide buffer area. Water retention/detention areas shall be allowed in this buffer area if left in a natural state. Drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall. Complied with. 5.6 LIGHTING All lighting facilities shall be architecturally-designed, and shall be limited to a height of twenty-five (25) feet. Such lighting facilities shall utilized low pressure sodium, or similar bulbs,and be shielded from neighboring residential land uses. Halogen lighting is prohibited. Complied with. 5.7 DEVELOPMENT COMMITMENTS TRANSPORTATION The development of this CPUD Master Development Plan shall be subject to and governed by the following conditions: A. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first Certificate of Occupancy (CO). Complied with. B. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO or requested by Collier County. The southbound right turn lane into 11th Avenue SW will not be considered site-related if modified as part of the CR-951 roadway project. Should the development precede CR-951 improvements, the developer shall address any turn lane improvements at this location as determined at the time of development order application if approved by the Board of County Commissioners. Complied with. C. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health,safety and welfare of the public. PUDA-PL20120002136.Brooks Village(TUB Words Straeiare deleted and words underlined are added. 2/12/12 Page 22 01'29 178 .4t � Any such modifications shall be based on, but are not limited to, safety, operational circulation,and roadway capacity. D. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. All external access points, including both driveways, proposed streets, pedestrian and vehicular interconnections are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage or property line. All such access issues shall be approved or denied during the review of any applications for development orders. •- • --- • - - ' - • amended from time to time, and with the Collier County Long Range Trailsi3eriatien-Plari-. The number of access points may be less than the number depicted on the Master Plan; however, no additional external access points shall be considered unless a PUD amendment or PUD insubstantial change is approved. E. The County's approval of the right-in only turn into the Brooks Village PUD from Pine Ridge Road is contingent upon the following: Modification of the Pine Ridge Road/Collier Boulevard intersection design plans in order to add a second eastbound right turn lane in accordance with FDOT design practices as a safety upgrade to accommodate the developer's proposed right-in only. All costs associated with the second eastbound right turn lane including signal and intersection improvements shall be paid by owner/developer, his successors, or assign at no cost to the County. Within 30 days of approval of the PUD developer/owner shall make a cash payment to the County, or shall post a bond or letter of credit from a County approved bank to pay for all County estimated costs associated with this modification including (but not limited to) additional costs related to engineering, permitting, right of' way acquisition, water management cacceptance and treatment) both on- and off-site related to the Pine Ridge Road frontage, document preparation and recording, cost of materials, and construction costs (the "improvements"). The owner/developer may enter into a contract with the design consultant currently under contract with Collier County to initiate design changes, which may be used to reduce the cash payment or bond amount by the contractual dollar amount. If the developer is unwilling or unable for any reason to enter a contractual agreement with the County's design consultant within 30 days after PUD approval,then the cash payment or the bond may not be reduced by County. All costs shall he calculated by the County using where available the County's approved contractual rates. The cash payment or bond shall be in an amount not to exceed $ , the County's estimated cost of the required Improvement(s) resulting from this additional turn lane. The bond may be drawn on by County at the time of County's approval of the construction contract for the intersection improvements. This modification is a site related improvement and is not eligible for transportation impact fee credits. Pt)DA-PI.20I20002136.Brooks Villaee CPUD Words Stewk-Ebro-are deleted and words underlined are added. 2/12/12 Page 23 of 29 7 Any additional costs for construction delays incurred by the County under the construction contract for the Pine Ridge Road/Collier Boulevard intersection improvements which are caused by the addition of the right-in only entrance and second right turn lane shall be at the sole cost of the Developer/Owner unless such delay is caused by the County or the County's consultant. Any additional road right of way that may be required by County to accommodate changes resulting from the inclusion of this additional right turn lane including corner clips up to fifteen feet (I5') needed for traffic signal and street lighting equipment shall be dedicated to the County by road easement within 60 days of this PUD approval. The road right-of-way shall be conveyed at no cost to the County. Any encroachment resulting from these conveyances shall not require replacement of the displaced buffer area in accordance with Section 9.0307 of the LDC. If the Developer owner fails to convey the road right-of-way prior to or at time of SDP approval of any of the three outparcels, then the right-in only turn lane will not be allowed. F. Subject to 5.7.E above: The easternmost right in only access point on Pine Ridge Road will serve the out parcels located at the intersection of Pine Ridge Road and Collier Blvd. The access point will meet the minimum 180' separation from the edge of pavement of Collier Blvd. The right in only access will incorporate a turn lane and side walk on Pine Ridge Road and will be consistent with the Collier County Pine Ridge Road and Collier Blvd intersection improvement project under design. IiG. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO or within 60 days of when requested by the County. Complied with. 6:H. Payment in lieu of sidewalks and bike lanes for Collier Boulevard frontage shall be required. The amount shall be determined utilizing the FDOT 2004 Transportation Costs,as amended. Payment shall be required within 90 days of the approval of the rezoning petition by the Board of County Commissioners, or prior to the release of the review for the corresponding site development plan, or plat application, whichever is first. Should the existing sidewalks along Collier Boulevard remain undisturbed through the impending roadway improvements, the developer shall be exempt from making the payment in lieu of construction set forth above. Complied with. WI. At the request of Collier County, the developer shall install or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter. The exact location will be determined during site development plan review. Complied with. V-4 PUDA-PL20120002136.Brooks Villaee CPUD Words Struck-thru are deleted and words underlined are added. 2/12/12 Page 24 of 29 c- 178 M. The developer shall donate 20 feet of right-of-way and a 10-foot shared slope and construction easement along the Pine Ridge Road frontage; and the developer shall donate up to 5 feet of right-of-way and a 10 foot shared slope and construction easement along the Collier Boulevard frontage. The required right- of-way along the Collier Boulevard frontage shall be determined by Collier County. The 10-foot shared slope and construction easement may be counted towards the required 25-foot landscape buffer and if a sidewalk is installed, no additional landscape buffer shall be required. The dedications shall be provided within 60 days of a written request from Collier County or prior to approval of the final site development plan, whichever occurs first. The developer shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Complied with. -K. The developer agrees to provide water management for the entire right-of-way of Pine Ridge Road improvement project along the entire frontage of the property. Complied with. (See Exhibit`B") L. Prior to the approval of the first development order, the developer agrees to pay $25,000.00 for its proportionate share of the Collier Boulevard and Pine Ridge Road signalization and construction improvements. Complied with. 1,M. To the extent that Developer has excess unused or uncommitted storage capacity in the PUD water management system, Developer agrees to make available to County that excess storage capacity to accept storm water from a portion of the right of way of the Collier Boulevard improvement project abutting the PUD when Collier Boulevard is widened to six lanes in that location. Complied with. (See Exhibit`B") WATER MANAGEMENT The development of this CPUD Master Development Plan shall be subject to and governed by the LDC. UTILITIES AND ENGINEERING The development of this CPUD Master Development Plan shall be subject to and governed by the following conditions: A. The development shall be subject to application for and conditions associated with a Water and Sewer Availability Letter from Collier County Utilities Division. Complied with. ENVIRONMENTAL Complied with. The development of this CPUD Master Development Plan shall be subject to and governed by the following conditions: V5 PUDA-PL20120002136.Brooks Villaee CPUD Words Struek-they-are deleted and words underlined are added. 2/12/12 Page 25 of 29 1 / B A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Department. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation/preservation areas shall be designated as preserves on all construction plans and, if the project is platted, shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project commercial property owners' association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. In the event the project does not require platting, all conservation areas shall be recorded as conservation easements dedicated to the project's commercial property owners' association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and shall be subject to review and approval by Environmental Services staff. D. The CPUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to the Environmental Services staff for review and approval prior to final site plan/construction plan approval. E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. F. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management,and maintenance. G. The CPUD shall be consistent with the Conservation and Coastal Management Element of the Collier County GMP in effect at the time of final development order approval. H. All approved agency(SFWMD,ACOE,FFWCC)permits shall be submitted prior to final site plan/construction plan approval. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. V-6 PUDA-PL20120002136,Brooks Villaee CPUD Words Struek-Hare deleted and words underlined are added. 2/12/12 Page 26 0t29 17B J. All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10-foot setback. Where jurisdictional wetlands are a component of a preserve,a structural buffer shall be required to utilize the 10 foot setback. 5.8 DEVELOPER'S COMMITMENTS A. The Developer shall donate a school bus stop shelter to serve the 11t Avenue SW residents in a location prescribed by the Collier County School District. Complied with. B. Off-site, project related traffic improvements must be completed prior to commencement of on-site project development. Complied with. C. Fund in the amount of $0.50 per square foot of gross leasable floor area as - • _-- - - C. Developer shall donate .• - - • - - - • - sidewalks on both sides of 11`I' Avenue SW, adjacent to the CPUD boundary. Complied with. E. No light or glare shall impact adjacent Estates Zoned properties. Utilization of low pressure sodium, or similar intensity lighting shall be utilized. Halogen lighting is prohibited. Complied with. F. The Developer shall convey a 40 foot by 50 foot raw water well easement in a location to be determined in the future. This conveyance shall occur at time of the first development order approval. Complied with. 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P.V. 12/12 4 T' AM OCT Al 13 NE ”`"° SEMBLER FAMILY "'� EXHIBIT B" mmromm c r•tm PARTNESHIP 41,LLC RIGHT-OF-WAY WATER � °x°� a,... y MANAGEMENT EXHIBIT IZNIATIANTALINC.SongyigP41:finli” BROOKS VILLAGE CPUD AMENDMENT ....Md,.......�„.„,. .,.»„��..., /�Y° 1 ME. all 178 _ Acct #068779 March 22, 2013 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PUDA-PL20120002136 — Brooks Village Dear Legals: Please advertise the above referenced notice on Wednesday, April 3, 2013 and send the Affidavit of Publication, in DUPLICATE, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500140024 178 NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, April 23, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail , Naples, Florida, the Board of County Commissioners 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 06-42 , THE BROOKS VILLAGE COMMERCIAL PLANNED UNIT DEVELOPMENT (PUD) , BY ADDING A RIGHT-IN ONLY ACCESS POINT ON PINE RIDGE ROAD; BY CHANGING THE HOURS OF OPERATION OF THE OUTPARCELS FRONTING ON PINE RIDGE ROAD TO 24 HOURS; BY CHANGING THE ACCESS ON 11TH AVENUE SW FROM INGRESS ONLY TO INGRESS AND EGRESS; BY AMENDING THE MASTER PLAN; AND BY REVISING AND DELETING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON THE SOUTHWEST QUADRANT OF THE INTERSECTION OF COLLIER BOULEVARD (CR 951) AND PINE RIDGE ROAD (CR 896) , IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA CONSISTING OF 22 . 7 ACRES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are 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 administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an 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 material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a 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. 178 4 ; 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 Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112 , (239) 252-8380 . Assisted listening devices for the hearing impaired are available in the County Commissioners' Office . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ. , CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) 17 6 County of Collier CLERK OF THECIR UIT COURT g Dwi ht E. Brock COLLIER COU1 Y COURTHOUSE Clerk of Courts ,� Clerk of Courts 3315 TAMIAMI TRL E STE 102', \ P.O. BOX 413044 Accountant NAPLES, FLORIDA `'y 1 NAPLES, FLORIDA Auditor 34112-5324 ;34101-3044 Custodian of County Funds March 22, 2013 R. Bruce Anderson, Esq. Roetzel & Andress Trianon Center, 3rd Floor 850 Parkshore Drive Naples, FL 34103 RE: PUDA-PL20120002136, Brooks Village CPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 23, 2013 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, April 3, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eresa Cannon, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com County of Collier 179 - , CLERK OF THE)CIR UIT COURT Dwight E. Brock COLLIER COU1 Y COURTHOUSE Clerk of Courts Clerk of Courts 3315 TAMIAMI TRL E STE 1024,' a P.O. BOX 413044 Accountant NAPLES, FLORIDA \' NAPLES, FLORIDA Auditor 34112-5324 34101-3044 Custodian of County Funds March 22, 2013 Sembler Family Partnership #41, LTD 5858 Central Ave St. Petersburg, FL 33707 RE: PUDA-PL20120002136, Brooks Village CPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 23, 2013 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, April 3, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Cannon, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk @,collierclerk.com ' 441 County of Collier I7D CLERK OF THECIR .UIT COURT Dwight UT�' CO ht E. Brock COLLIER CO Y Clerk of Courts ZTHOUSE Clerk of Courts 3315 TAMIAMI TRL E STE 102', P.O. BOX 413044 Accountant NAPLES, FLORIDA `'‘r 1 NAPLES, FLORIDA Auditor 34112-5324 34101-3044 Custodian of County Funds March 22, 2013 Patrick Vanasse, AICP RWA, Inc. 6610 Willow Park Dr., Ste 200 Naples, FL 34109 RE: PUDA-PL20120002136, Brooks Village CPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 23, 2013 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, April 3, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 11 ea.444t0a Teresa Cannon, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com 178 Teresa L. Cannon To: Legals NDN (legals @naplesnews.com) Subject: PUDA-PL20120002136, Brooks Village CPUD Attachments: PUDA-PL20120002136 Brooks Village (4-23-13).doc; PUDA-PL20120002136 Brooks Village (4-23-13).doc Legals, Please advertise the attached legal ad on Wednesday,April 3, 2013.Thanks Teresa L. Cannon, BMR Clerk III Minutes and Records bepartment 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 178 Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Monday, March 25, 2013 2:23 PM To: Teresa L. Cannon Subject: Ad Confirmation Attachments: UAS5370 jpg Hi Teresa! Happy Monday!!! Please provide approval ASAP for publication on 04.03.13. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 312-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read.Learn.Share. How may we help you? Call us at (239) 213-6000 Thank you for placing your ad. Date 03/25/13 Publication NDN Account Number 744102 Ad Number 1983904 Total Ad Cost $280.02 1 NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE 1 7 B lot Notice is hereby given that on Tuesday, April 23, 2013, in the Boardroom, 3rd Floor, Administration Building Collier County Government Center, 32 !9 East Tamiami Trail, Naples, Florida, the Board of County Commissioners 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 0642, THE BROOKS VILLAGE COMMERCIAL PLANNED UNIT DEVELOPMENT (PUD), BY ADDING A RIGHT-IN ONLY ACCESS POINT ON PINE RIDGE ROAD; BY CHANGING THE HOURS OF OPERATION OF THE OUFPARCELS FRONTING ON PINE RIDGE ROAD TO 24 HOURS; BY CHANGING THE ACCESS ON 11TH AVENUE SW FROM INGRESS ONLY TO INGRESS AND EGRESS; BY AMENDING THE MASTER PLAN; AND BY REVISING AND DELETING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON THE SOUTHWEST QUADRANT OF THE INTERSECTION OF COLLIER BOULEVARD (CR 951) AND PINE RIDGE ROAD (CR 896), IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA CONSISTING OF 22.7 ACRES: AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspetlion. 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 administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an 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 material used in presentations before the Board will become a permanent part of the record Any person who decides to appeal a 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 Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County COMITliSStOrlerS' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ., CHAIRWOMAN DWIGHI E BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) April 3, 2013 No. 1983904 { Teresa L. Cannon 17B From: DeselemKay <KayDeselem @colliergov.net> Sent: Monday, March 25, 2013 2:35 PM To: Teresa L. Cannon; Neet,Virginia Subject: RE:Ad Confirmation Looks fine to me. Kay Deselem, AICP, Principal Planner Zoning Services--Planning &Zoning Department Growth Management Division--Planning & Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239-252-2931 Fax: 239-252-6357 kaydeselem@colliergov.net Original Message From:Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Monday, March 25, 2013 2:33 PM To: NeetVirginia; DeselemKay Subject: FW:Ad Confirmation Please review! Thanks Teresa L. Cannon, BMR Clerk III Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon @collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Monday, March 25, 2013 2:23 PM To:Teresa L. Cannon Subject:Ad Confirmation Hi Teresa! Happy Monday!!! Please provide approval ASAP for publication on 04.03.13. Thanks! Carol Carol Polidora Legal Advertising Specialist 1 Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 312-1251 I cpolidora@naplesnews.com 1 7 13 naplesnews.com I ndnadvertising.com Read.Learn.Share. How may we help you?Call us at(239) 213-6000 Thank you for placing your ad. Date 03/25/13 Publication NDN Account Number 744102 Ad Number 1983904 Total Ad Cost $280.02 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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. 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. 2 179 r Teresa L. Cannon From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Monday, March 25, 2013 3:05 PM To: Teresa L. Cannon Subject: FW:Ad Confirmation Attachments: UAS5370.jpg Original Message From: AshtonHeidi Sent: Monday, March 25, 2013 3:05 PM To: NeetVirginia Cc: BonhamGail Subject: FW: Ad Confirmation Okay to go. Heidi Ashton-Cicko Heidi Ashton-Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Original Message From: NeetVirginia Sent: Monday, March 25, 2013 2:58 PM To: BonhamGail; AshtonHeidi Subject: FW: Ad Confirmation Original Message From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Monday, March 25, 2013 2:33 PM To: NeetVirginia; DeselemKay Subject: FW: Ad Confirmation Please review! Thanks Teresa L. Cannon, BMR Clerk Ill Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 17B Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Monday, March 25, 2013 2:23 PM To:Teresa L. Cannon Subject: Ad Confirmation Hi Teresa! Happy Monday!!! Please provide approval ASAP for publication on 04.03.13. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 312-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read.Learn.Share. How may we help you? Call us at (239) 213-6000 Thank you for placing your ad. Date 03/25/13 Publication NDN Account Number 744102 Ad Number 1983904 Total Ad Cost $280.02 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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. 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. 2 17B ' Teresa L. Cannon To: Polidora, Carol Subject: RE:Ad Confirmation Looks good, ok to run.Thanks Teresa L. Cannon, BMR Clerk Ill Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon @collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Monday, March 25, 2013 2:23 PM To:Teresa L. Cannon Subject: Ad Confirmation Hi Teresa! Happy Monday!!! Please provide approval ASAP for publication on 04.03.13. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 312-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read.Learn.Share. How may we help you? Call us at (239) 213-6000 Thank you for placing your ad. Date 03/25/13 Publication NDN Account Number 744102 Ad Number 1983904 Total Ad Cost $280.02 1 I opus...--T 2 Li- ..._.�81-60,07•..... _.. - - F OUT LOT i LE • 87 ros-o NOTICE OF MEETING NOTICE OF MEETING • .perty being C. Co y, NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE 1 7 B NI e in • ssed: ERT BE Notice is hereby given that on Tuesday,April 23,2013,in the Boardroom,3rd Floor, NI PULLI Administration Building, Collier County Government Center, 3299 East Tamiami sal Trail, Naples, Florida, the Board of County Commissioners will consider the ss pro p• de d in . enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The i. :te sha redeemed title of the proposed Ordinance is as follows: •. to law, th •perty will be the high- •er at the er • ty Co ous- - ex, 2nd AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER sr, -rk' Admin ation COUNTY,FLORIDA,AMENDING ORDINANCE NUMBER 06-42,THE BROOKS VILLAGE erence at 1:00 '. on • COMMERCIAL PLANNED UNIT DEVELOPMENT(PUD),BY ADDING A RIGHT-IN ONLY day,May 013. ACCESS POINT ON PINE RIDGE ROAD;BY CHANGING THE HOURS OF OPERATION d this d- February,201 OF THE OUTPARCELS FRONTING ON PINE RIDGE ROAD TO 24 HOURS; BY CHANGING THE ACCESS ON 11TH AVENUE SW FROM INGRESS ONLY TO INGRESS .BROCK AND EGRESS;BY AMENDING THE MASTER PLAN;AND BY REVISING AND DELETING G THE CIRCUIT ••T DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON THE SOUTHWEST QUADRANT IDGE ROAD (CR 896), IN S SE INTERSECTION 015,TOWNSHIP 49 SOUTH,RANGE 26DEAST, relei W Denum COLDER COUNTY FLORIDA CONSISTING OF 22.7 ACRES; AND PROVIDING AN lerk EFFECTIVE DATE. lei •enum ) Copies of the proposed Ordinance are on file with the Clerk to the Board and are .h 20• and l 3&10,201 available for inspection. All interested parties are invited to attend and be heard. No.1981 NOTE: All persons wishing to speak on any agenda item must register with the NOT' APPLICATION County administrator prior to presentation of the agenda item to be addressed. •• DEED Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If ICE HEREBY EN that BOA'' recognized by the Chairman, a spokesperson for a group or organization may be ' TY COM •NERS ho. allotted 10 minutes to speak on an item. following tax •rtificate as d certificate for •ee. • be Persons wishing to have written or graphic materials included in the Board agenda hereon. Certific- -mber, packets must submit said material a minimum of 3 weeks prior to the respective issuance, desc on of public hearing. In any case, written materials intended to be considered by the ie and name in w. essed Board shall be submitted to the appropriate County staff a minimum of seven days fol• prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. ificat, mber:0: 1 - Any person who decides to appeal a decision of the Board will need a record of the ription: OLD ' GATE ESTA proceedings pertaining thereto and therefore,may need to ensure that a verbatim f 71 W' ' E 220FT OF TR 1 record of the proceedings is made, which record includes the testimony and pproperty ng in Collier Co • evidence upon which the appeal is based. da. If you are a person with a disability who needs any accommodation in order to ie in h ass- -d: participate in this proceeding,you are entitled, at no cost to you,to the provision ,TA; OPERTI C of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, the property • •ed in said (239) 252-8380.Assisted listening devices for the hearing impaired are available in icate shall % redeemed the County Commissioners'Office. g to law, the ' -rty will be the high bi• at the BOARD OF COUNTY COMMISSIONERS 'e .unty Co ouse . 'ex, 2 COLLIER COUNTY,FLORIDA or, lerk' Admini at' fere R• at 1:00 .n GEORGIA A.HILLER,ESQ.,CHAIRWOMAN day, 013. DWIGHT E.BROCK,CLERK td th' ' .y ofFebru.' 01 By:Teresa Cannon,Deputy Clerk E.BRO 'F THE CIR • ' RT (SEAL) No.1•: •1. Aoril 3 7019 s/Lorelei W D- uty Clerk I)W°e' �NICE OF LING b:ITICF 1IF MEL'1N'. 2• 7 and April 3&10, W No. 1754 MY V PUBLIC - • A. 'TR& 'F MEET'AG S VISORS,PELICA SH COMMU • LOPME 1 10, 41 _ e. day,A• 10,2013 ING SCHEDUL- ice is hereby • that the P- ' Marsh Com• ity D ' Di• oervisors of - Q. • Community •ervisors will me, Wednesd 'I 10, 201 9:00 a. a Pen. Year 20 113 R- .r Meeting h Foundatio, • 'ng, 14' 'ell. Marsh levard, Na• Florida, it 1:00 . . in the To Center at co ct the bus' s o - Pel' Marsh •mm y Developme. • ' , at th_ 0 We- -red Stone D Naples abo ated ti and dat- Any p- •n o decides t. •eal a decis' this Board need a re of . the pro. ngs pertaini- t -to, an. ere - may n' • to ensure th. . verbati •rd of the ocee• is -de, wh recor• cludes the testim• and ev' •on wh' he appe. •e based. 3 An •erson ' g special . . •odations at - meeting becaus- • a D13 c i ity or ph. impairmen oul. •ntact the • ' Office at(239) ' -9115 east five ca i •ays prior he wee. •. siness coming ore the Board. cted in a- .rdance with the PELICAN MA' •MUNITY D. LOP DISTRICT as • • of meetings may b- COLLI' 0 FLORJ (561) . and/or toll free /s/ DORRILL,MA R/SECRET •particula -ting. :. 1 ■ rs will .on by t- one; -_a_ __ the tion of - cgs so ul ings may be '.Ked to NOTIt.' ■F SALE NOTICE G SALE logs ma be - ed to a r- N N. • •F PUBLIC SALE Iiir made res. to any m. need a r. • .f the proce= NOTI 's hereby gi , tha e will se •r otherwis' .•ose of batim recor• the procee. •s is nts of th ollowin• • storag- its in .er to satis delinqrecord inc - he testim and age lien plat accor. ce with the -of ida Statute 8 •6. a M NAM CONT w' •isabilitie • .ny erson 1: Charles •es Kitch, •esk,Tire participate • 'ny of these 630-4922 oil free . The . .lic sale , •e ducted at Gr pace a. 1301 Bonita B• •e partic N.E., % ita Sp .s,Fl. 5 at 1:30 on Apri 113. Units wi - solthe hi. ∎er. Ope •oor sal- ash only. A ing deposit be ta (239)2 • 178 Martha S. Vergara From: Naples Daily News <naplesnews @clicknbuy.com> Sent: Tuesday, April 02, 2013 11:09 PM To: Martha S. Vergara Subject: Thank you for placing your classified advertisement. Ad# 1983904 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, April 23, 2013 , in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail,Naples, Florida, the Board of County Commissioners 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 06-42, THE BROOKS VILLAGE COMMERCIAL PLANNED UNIT DEVELOPMENT (PUD), BY ADDING A RIGHT-IN ONLY ACCESS POINT ON PINE RIDGE ROAD; BY CHANGING THE HOURS OF OPERATION OF THE OUTPARCELS FRONTING ON PINE RIDGE ROAD TO 24 HOURS; BY CHANGING THE ACCESS ON 11TH AVENUE SW FROM INGRESS ONLY TO INGRESS AND EGRESS; BY AMENDING THE MASTER PLAN; AND BY REVISING AND DELETING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON THE SOUTHWEST QUADRANT OF THE INTERSECTION OF COLLIER BOULEVARD (CR 951) AND PINE RIDGE ROAD (CR 896), IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA CONSISTING OF 22.7 ACRES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are 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 administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an 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 material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a 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 Department, located at 3335 Tamiami Trail East, Building W,Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ., CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk(SEAL) April 3, 2013 No. 1983904 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online i 17B shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. Enhancing your advertisement is easy;just follow the online AdWizard to add an expanded description, photos and even video/audio of your item. To log in to the New Ad Wizard use your email address and existing password. Go to: http://secure.adpay.com/adwizard login.aspx?1=23750454 , if this link is inactive, cut and paste it into your browser address window. If you need any assistance with your advertisement, please contact our classifieds department. 239-263-4700 Thank you for using naplesnews.com Online Classifieds. 2 17B Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News BCC/ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NOTICE OF MEETING NOTICE OF MEETING NAPLES FL 34112 NOTICE OF PUBLIC HEAtI Ic`TOCONSIDERORDINANCE Notice is hereby&pp that on Tuesday,April 23,2013,in the Boardroom,3rd Floor, Administration ng, Collier Cou' vern Bbntef 3299 East Tamismi Trail, Naples, Florida, the Board of County'Commissioners will consider the enactment of a County Ordinance. The meeting will comMence at 9:00 A.M. The REFERENCE: 068779 title of the proposed Ordinance is as follows: 59715602 NOTICE OF PUBLIC H AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY,FLORIDA, DING ORDINANCE NUMBER 06-42,THE BROOKS VILLAGE COMMERCIAL UNIT DEVELOPMENT(PM BY ADDING A RIGHT-IN ONLY ACCESS POINT ON RIDGE ROAD;BY CHANGING THE HOURS OF OPERATION State of Florida OF THE OUTPARCELS FRONTING ON PINE RIDGE ROAD TO 24 HOURS; BY CHANGING THE ACCESS ON 11TH AVENUE SW INOM INGRESS iLY TO INGRESS Counties of Collier and Lee AND EGRESS;BY AMENDING THE MASTER PLAN;AND BY REVISING AND DELETING Before the undersigned authority, pers oD i=RRAPNT o TH"E "NNTERSECI1iON OF COWER�ARD(R 9951 AND PINE RIDGE ROAD(CR 896),IN SECTION 15,TOWNSHIP 49 SOUTH,RANGE 26 EAST, appeared Amy Davidson, says that she ser COWER COUNTY FLOMDA CONSISTING OF 22.7 ACRE$AND PROVIDING AN EFFECTIVE DATE. Inside Sales Supervisor, of the Naples D, Copies of the proposed Ordinance are on file with the Clerk to the Board and are a daily newspaper published at Naples, _1 available foclnspectipn.All interested parties are invited to attend and be heard, County, Florida• distributed in Collier NOTE: All persons wishing to speak on any aggeenda item mist register with the County admlpisirator prior to presentation of the agenda Item to be addressed. and Lee counties of Florida; that the atl individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If copy of advertising was published in sal( f o r e allotted 10 mmutes to speak on an item. newspaper on dates listed. Persons wishing to have written or graphic materials included in the Board agenda Affiant further says that the said Nap= packet's muse submit sa)d material a minimum of 3 weeks prior to4he respective public hearing. many case, written materiah intended to be:considered yb the News i s a newspaper published at Naples, Boara shall be submkted to the appropriate County staff a minimum of seven days prior to the public hearing. All material.used in presentators beforathe Board Collier County, Florida, and that the sa: will become a permanent part of the record., newspaper has heretofore been continuousi Any person who dascides toappealadecBionofitheBoard:.neeiarecordofthe proceedin s fining thereto and therefore,may need erlsttre that a verbatim day and has been entered a s second class record °f pr«ceab",s is'made, which record.includes the testimony and evidence upon which the appeal is based. matter at the post office in Naples, in if you are a arson with a disability who needs any accommodation in.order to Collier County, Florida, for a period of ortcertain nesistano Pleiu-contact elert'Cenlenco F eia Maoag m next preceding the first P ub l i c a t i on o f Department,located at 3315 Tamiami Trail Eat Building ,Naples,Florida 34112, (239)252-8380.Assisted listening devices for the hearing impaired ere available In attached copy of advertisement; and of f i the County Commissioners'Office. further says that he has neither paid no cgoLAil edoi�ONu1v FLOaoneslo"ERs promised any person, firm or corporation GEOttGIAA:HILLER,ESQ.,CHAIRWOMAN discount, rebate, commission or refund fa DWIGHT E.BROCK,CLERK • purpose of securing this advertisement ft By:Teresa Cannon,Deputy Clerk publication in the said newspaper. (SEAL) Aoril3.2013 No 1983904 PUBLISHED ON: 04/03 AD SPACE : 94 LINE FILED ON: 04/03/13 os:^.: CAROL POLIDORA : IvtYCOI�N11o(3N lEr6:im- Iowa EXPIRES:November 28,2014 1 0= .. �4 of c°p ' n ed Thru Plchard Insurance Agency Signature of Affiant '/1 ( ? O ^ Sworn to and Subscribed b loire men t s day of (L? 20 Personally known by me L . ORIGINAL AC OMPANY ALL ORIGINAL DOCUMENNT SE T TO 17 B 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 SLI'P 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 C- 4. BCC Office Board of County G1k Commissioners / 4\\7-4� 5. Minutes and Records Clerk of Court's Office gym tlh5(c.3 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 Kay Deselem Phone Number 252-29y Contact/ Department Agenda Date Item was April 23, 2013 Agenda Item Number 17.B Approved by the BCC Type of Document Ordinance Number of Original 1 Attached 1013-261 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? 0 2. Does the document need to be sent to another agency for additional signatures? If yes, /rD 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 4D by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's 0 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 ,t 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 40 signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip 0 should be provided to the County Attorney Office at the time he item is input into SIRE. Some documents are time sensitive and require forwarding Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware your deadlines! 8. The document was approved by the BCC on April 23,2013 and all changes made 4-0 during 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 0 BCC,all changes directed by the BCC have been made,and the document is ready for t Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 LO( ) C, 178 MEMORANDUM Date May 3, 2013 To: Kay Deselem, Principal Planner Zoning and Land Development From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2013-29: Brooks Village CPUD Attached for your records is a copy of the ordinance referenced above (Item #17B) adopted by the Board of County Commissioners on Tuesday, April 23, 2013. If you have any questions, please call me at 252-8411. Thank you. Attachment 17 B. MEMORANDUM Date: May 3, 2013 To: Ernie Kerskie, Director Collier County Property Appraiser's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Ordinances 2013-28, 2013-29 and 2013-30 Attached for your records is a copy of the validated ordinance referenced above, adopted by Collier County's Board of County Commissioners on April 23, 2013. If you have any questions, please feel free to call me at 252-8411. Thank you. Attachment B ORDINANCE NO. 13- 29 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 06-42, THE BROOKS VILLAGE COMMERCIAL PLANNED UNIT DEVELOPMENT (PUD), BY ADDING A RIGHT-IN ONLY ACCESS POINT ON PINE RIDGE ROAD; BY CHANGING THE HOURS OF OPERATION OF THE OUTPARCELS FRONTING ON PINE RIDGE ROAD TO 24 HOURS; BY CHANGING THE ACCESS ON 11TH AVENUE SW FROM INGRESS ONLY TO INGRESS AND EGRESS; BY AMENDING THE MASTER PLAN; AND BY REVISING AND DELETING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON THE SOUTHWEST QUADRANT OF THE INTERSECTION OF COLLIER BOULEVARD (CR 951) AND PINE RIDGE ROAD (CR 896), IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA CONSISTING OF 22.7 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, SEMBLER FAMILY PARTNERSHIP #41, LTD., represented by Patrick Vanasse, AICP of RWA, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, P.A., petitioned the Board of County Commissioners to amend the PUD. 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. 06-42, 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. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 023 r`{day of A p r , 2013. Brooks Village CPUD Page 1 of 2 PUDA-PL20120002136—rev.040113 0 i ' 7 1. c f , „. ATTEST: BO l)F OUN ► COMMISSIONERS DWIGHT E. BROCK, CLERK CO LIE' I I ' T , FLORIDA iii � �,; „E" �: By: s "2s � `' putt' Clerk �' ORGIA A. HILLER, ESQ. G�to atom o Chairwoman ,t gnalu only.`,' Ap oved as to fort-ti acid legal sufficiency t.,,L9L\ , Ciu eidi Ashton- icko ,t k k Managing Assistant County Attorney Attachment: Exhibit A - PUD Document CP\12-CPS-01196\65 Brooks Village CPUD Page 2 of 2 PUDA-PL20120002136—rev. 040113 (.1"• 17T3 BROOKS VILLAGE A COMMERCIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BROOKS VILLAGE, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: SEMBLER FLORIDA, INC 5858 CENTRAL AVENUE ST. PETERSBURG, FL 33707-1728 PREPARED BY: PlY/A" CONSULTING JUL IL V • 1 6610 WILLOW PARK DRIVE SUITE 200 NAPLES, FLORIDA 34109 And ROETZEL AND ANDRESS 850 PARK SHORE DRIVE TRIANON CENTRE-THIRD FLOOR NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC 806 DATE APPROVED BY BCC 94606 ORDINANCE NUMBER 06- AMENDMENTS AND REPEAL PUDA-PL20120002136,Brooks Villase CPUD Words t S- 'm,�°°k t"h-"-u are deleted and words underlined are added. 4/1/13 Page 1 of 29 C�/ 17 B TABLE OF CONTENTS List of Exhibits Page 3 Statement of Compliance 4 Page 4 Section I Property Ownership, Legal Description I--1-Page 6 Section II Project Development Requirements II--I-Page 9 Section III Commercial Development Standards III 1 Page 13 Section IV Preserve Area IV I Page 20 Section V Development Commitments V-4-Page 21 PUDA-PL20120002136,Brooks Villase CPUD Words Struck thru are deleted and words underlined are added. 4/1/13 Page 2 of 29 1713 LIST OF EXHIBITS I EXHIBIT"A" CPUD MASTER PLAN Page 28 I EXHIBIT"B" RIGHT-OF-WAY WATER MANAGEMENT EXHIBIT Page 29 } PUDA-PL20120002136,Brooks Village CPUD Words Struck t ru are deleted and words underlined are added. 4/1/13 Page 3 of 29 BROOKS VILLAGE CPUD 1 7 B (Commercial Planned Development) STATEMENT OF COMPLIANCE The development of approximately 22.7 acres of property in Collier County, Florida as a Commercial Planned Unit Development(CPUD) to be known as the Brooks Village CPUD shall comply with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan(GMP). A. Golden Gate Area Master Plan 1. The CPUD shall make provisions for shared parking arrangements with adjoining developments (Collier Boulevard and Pine Ridge Road Center of the Golden Gate Area Master Plan Ordinance 2004-71). 2. Water retention/detention areas shall be allowed in the buffer area if the buffer area is left in natural state and drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004-71). 3. The applicant retains the right to construct fences or walls on the commercial side of the required landscape buffer for the residential property to the west. The fences or walls will not exceed five (5) feet in height, and shall be constructed of brick, stone, or wood. Concrete post, or rail type fences and walls, which are also permitted, shall be of open design (not covered by slats, boards or wire). 4. The proposed development has provided a seventy-five (75) foot wide buffer on the west side of the property which abuts a residential land use. Fifty (50) feet of the width of the buffer along the developed area shall consist of retained native vegetation in accordance with the LDC. The native vegetation retention area may consist of a perimeter berm and be used for water management detention in accordance with the provisions of the Collier Boulevard and Pine Ridge Road Center of the Golden Gate Area Master Plan Ordinance 2004-71. 5. The proposed development shall follow the guidelines of permitted uses in Section III of this Document that are appropriate for the Collier Boulevard and Pine Ridge Road Center, with the following specific prohibited uses set forth in the Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004-71: Drinking Places (5813)and Liquor Stores (5921) Mail Order Houses (5961) PUDA-PL20120002136,Brooks Village CPUD Words Struelt-thru are deleted and words underlined are added. 4/1/13 Page 4 of 29 GP() Merchandizing Machine Operators (5962) 17 B Power Laundries (7211) Crematories (7261) (Does not include non-crematory Funeral Parlors) Radio, TV Representatives (7313)and Direct Mail Advertising Services (7331) NEC Recreational Shooting Ranges, Waterslides, etc. (7999) General Hospitals (8062), Psychiatric Hospitals (8063), and Specialty Hospitals (8069) Elementary and Secondary Schools (8211), Colleges (8221), Junior Colleges (8222) Libraries (8231) Correctional Institutions (9223) Waste Management(9511) Homeless Shelters (8361), and Soup Kitchens Sexually Oriented Businesses, as defined by Ordinance No. 91-43, as may be amended. B. Transportation 1. The proposed access points do not exceed the required one per 180 feet, commencing from the right-of-way of Collier Boulevard and Pine Ridge Road (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004-71). 2. The proposed development shall combine driveways, and curb cuts shall be consolidated with adjoining developments, whenever possible (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004-71). 3. The Master Concept Plan provides a 25-foot wide landscape buffer abutting the external right-of-way for the entire site (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004-71). PUDA-PL20120002136,Brooks Villaee CPUD Words Struck-N erare deleted and words underlined are added. 4/1/13 Page 5 of 29 GP SECTION I 17 8 LEGAL DESCRIPTION,PROPERTY OWNERSHIP& GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed for development under the project name Brooks Village CPUD. 1.2 LEGAL DESCRIPTION PARCEL 1 THE EAST 180 FEET OF TRACT 107 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2 THE NORTH 180 FEET OF TRACT 111 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 3 THE SOUTH 150 FEET OF TRACT 111 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 4 THE NORTH 150 FEET OF TRACT 112 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 5 THE SOUTH 180 FEET OF TRACT 112 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 6 THE NORTH 180 FEET OF TRACT 113 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 4—I- I PUDA-PL20120002136,Brooks Villaee CPUD Words Streek-titru are deleted and words underlined are added. 4/1/13 Page 6 of 29 17R PARCEL 7 THE SOUTH 150 FEET OF TRACT 113 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 8 THE NORTH 150 FEET OF TRACT 114 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 9 THE SOUTH 180 FEET OF TRACT 114 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COMBINED PARCELS = 990,297.7 SQUARE FEET OR 22.7 ACRES MORE OR LESS. 1.3 PROPERTY OWNERSHIP The property is currently owned by Sembler Family Partnership #41 LTD. under contract Partnership. 1.4 GENERAL DESCRIPTION The applicant is proposing an amendment to a CPUD located within the Estates Designation, and the Neighborhood Center Sub-district identified on the Golden Gate Area Future Land Use Map, of the GMP. The Estates Land Use Designation encompasses lands which are already subdivided into semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision. The Neighborhood Center Subdistrict recognizes the need to provide basic goods, services and amenities to Estates residents (Ordinance 2004-71). The ± 22.74 acre property is located on the southwest quadrant of the intersection of Collier Boulevard (CR-951), and Pine Ridge Road (CR-896), and is bordered by 11th Avenue SW on the south, in Golden Gate Estates Unit 26, Section 15, Township 49 South, Range 26 East. Approximately-1442.42 acres of the property has been, retaken as right-of-way for Pine Ridge Road, Collier Boulevard, and 11th Avenue SW and are not included in the development area of the project. PUDA-PL20120002136.Brooks Village CPLID Words Struek-theu-are deleted and words underlined are added. 4/1/13 Page 7 of 29 ,,ll, 17B 1.5 PROJECT DESCRIPTION The Brooks Village CPUD shall offer intermediate commercial and retail uses to the surrounding Estates residents. The proposed land uses are typically associated with major intersections, including, but not limited to retail with a major anchor component, convenience stores with gas pumps, restaurants (sit-down or drive-through), a grocery store, and business/office uses or financial institution uses with drive-through lanes. The Brooks Village CPUD will not exceed 105,000 square feet of gross leasable floor area. Pursuant to the Golden Gate Area Master Plan, this particular Neighborhood Center may be fully utilized as 100 percent commercial development. The proposed project site is presently undeveloped, but portions of the property have been disturbed by clearing and off-road vehicle use. The property is generally without topographic relief, with elevations ranging from 10.2 feet to 12.8 feet NGVD in the undisturbed areas. The project will meet, or exceed the 30 percent usable open space requirement of the LDC. Run-off will be channeled to two dry detention areas totaling approximately± 0.95 acres, and an additional ±1.46 acres will be designated as a wet detention area north of 11th Avenue SW. The detention area size may be adjusted at the time of site development approval if needed. The designated retention areas will comply with the South Florida Water Management District regulations as well as the applicable sections of the GMP and the LDC. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Brooks Village Commercial Planned Unit Development". 14 PUDA-PL20120002136,Brooks Villaae CPUD Words SEruek thru are deleted and words underlined are added. 4/1/13 Page 8 of 29 7 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate the project plan of development, relationships to applicable County Ordinances, the respective land uses of the Brooks Village CPUD, as well as other project relationships. 2.2 GENERAL A. Regulations for the development of Brooks Village CPUD shall be in accordance with the contents of this Document, the Golden Gate Area Master Plan, the Collier County Land Development Code and the Growth Management Plan in effect at the time of the development order approval. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order approval. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Brooks Village CPUD shall become part of the regulations which govern the manner in which the CPUD site may be developed. D. Unless modified, waived or deviated from by this CPUD, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this CPUD. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including land uses for the various tracts is illustrated graphically by Exhibit"A," CPUD Master Plan. II-1 PUDA-PL20120002136,Brooks Village CPUD Words Struck thru are deleted and words underlined are added. 4/1/13 Page 9 of 29 L 1713 TABLE I PROJECT LAND USE TRACTS TYPE ACREAGE± TRACT"C" COMMERCIAL 17.6 17.18 TRACT"P" PRESERVE 3.1 Right-of-way outside development area 2:$2.42 TOTAL 22.7 B. Areas illustrated as lakes on Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas shall be in the same general configuration and contain approximately the same acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of the LDC, or as otherwise permitted by this CPUD Document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 1.4 PROJECT PLAN APPROVAL REQUIREMENTS A. Required improvements shall receive approval of the appropriate County governmental agency to insure compliance with the LDC prior to final development order for all or part of the CPUD. B. Exhibit "A", CPUD Master Plan, constitutes the required CPUD Development Plan. Any division of property and the development of the land shall be in compliance with the LDC, and the platting laws of the State of Florida. C. Appropriate instruments shall be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.5 LAKE EXCAVATIONS Removal of fill from the Brooks Village CPUD shall be limited to an amount up to ten percent(10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. 2.6 AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN Changes and amendments may be made to this CPUD Ordinance or CPUD Master Development Plan, Exhibit"A", as provided by the LDC. II 2 PUDA-PL20120002136,Brooks Village CPUD Words Struck thru are deleted and words underlined are added. 4/1/13 Page 10 of 29 1713 2.7 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements dedications or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the Brooks Village CPUD. Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within the Brooks Village CPUD, the developer shall provide appropriate legal instruments for the establishment of a property owners' association whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of the LDC. All common areas shall be maintained by the owner, and/or a property management company under contract with the property owners' association. I 2.8 FILL STORAGE Notwithstanding the provisions of the LDC, fill storage is generally permitted as a principal use in the Brooks Village CPUD. Fill material generated may be stockpiled within areas designated for commercial development. Prior to stockpiling in these locations, a vegetation removal and site filling permit, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty-five (35) feet C. Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than five feet over commercial development areas that are depicted on an approved SDP, or approved subdivision improvement plans, no fencing is required. D. Soil erosion control shall be provided in accordance with the LDC. E. Fill storage shall not be permitted in Preserve Areas. I 2.9 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Brooks Village CPUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. PUDA-PL20120002136,Brooks Village CPUD Words Struek-thru-are deleted and words underlined are added. 4/1/13 Page 11 of 29 N) 2.10 NATIVE VEGETATION RETENTION REQUIREMENTS 17B Pursuant to the GMP and the LDC, a minimum of 3.1 acres (15% of the native vegetation on site) is required to be retained or replanted. Tract "P" contains approximately 3.1 acres. For the purposes of this CPUD, the Preserve Tract will fully satisfy these native vegetation requirements. Native vegetation areas do not include those areas of vegetation that have a seventy-five percent(75%), or greater canopy coverage of exotic species. 2.11 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to the LDC, upon adoption of the CPUD Ordinance and attendant CPUD Master Plan, the provisions of the CPUD Document become a part of the LDC, and shall be the standards of development for the CPUD. Thenceforth, development in the area delineated as the CPUD District on the Official Zoning Atlas will be governed by the adopted development regulations, the CPUD Master Plan, and applicable portions of the LDC. 11-4 PUDA-PL20120002136,Brooks Village CPUD Words Stwek-tkrare deleted and words underlined are added. 4/1/13 Page 12 of 29 ;mil! C 178 SECTION III COMMERCIAL DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to identify permitted uses for all lands east of the Preserve areas designated as Tract "C", including the Outparcels, on the CPUD Master Plan, Exhibit"A." 3.2 PERMITTED USES The following are selected permitted uses provided for in the commercial zoning districts C-1, C-2 and C-3. None of the following Permitted Uses are subject to a gross floor area/square footage limitation. A. 1) Accounting, auditing and bookkeeping services(Group 8721). 2) Apparel and accessory stores (Groups 5611-5699). 3) Auto and home supply stores (Group 5331). 4) Automotive services (Groups 7542, limited to car washes in conjunction with a convenience store, and 7549, limited to automotive lubricating service and window tinting). 5) Barber shops (Group 7241), except barber schools. 6) Beauty shops (Group 7231), except beauty schools. 7) Business services (Groups 7334, 7335, 7336, 7338, 7384). 8) Child day care services (Group 8351). 9) Civic, social and fraternal associates (Group 8641). 10) Depository institutions (Groups 6011-6099). 11) Eating places (Group 5812 only, beer, wine and liquor sales for consumption on premise permitted). 12) Food stores, including convenience stores with an accessory car wash (Groups 5411-5499). 13) Gasoline service stations, except for truck stops (Group 5541, subject to the provisions of the LDC). Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition III 1 PUDA-PC.20120002136.Brooks Village CPUD Words Struek-thru are deleted and words underlined are added. 4/1/13 Page 13 of 29 C�O 1713 14) General merchandise stores (Groups 5331-5399). 15) Hardware stores(Group 5251) 16) Health services (Groups 8011-8049, 8082). 17) Home furniture, furnishing, and equipment stores (Groups 5712-5736). 18) Insurance carriers, agents and brokers (Groups 6311-6399, 6411). 19) Legal services (Group 8111). 20) Management and public relations services (Groups 8741-8743, 8748). 21) Membership organizations (Groups 8611-8699). 22) Miscellaneous repair services (Groups 7631 and 7699 bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 23) Miscellaneous retail (Groups 5912, 5941-5949, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, fireworks, monuments, swimming pools, tombstones and whirlpool baths). Drug and prescription stores may have drive-through facilities. 24) Museums and art galleries (Group 8412). 25) Non-depository credit institutions (Groups 6111-6163). 26) Offices for engineering, architectural, and surveying services (Groups 0781, 8711-8713). 27) Paint, glass and wallpaper stores (Group 5231). 28) Permitted uses with less than 700 square feet of gross floor area in the principal structure (ie: kiosks and vending cart sales). 29) Personal services (Groups 7212, pick-up and drop-off only, with no on- site dry cleaning permitted , Group 7291, Group 7299, babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). 30) Photographic studios (Group 7221). 31) Physical fitness facilities (Group 7991). Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition III 2 PUDA-PL20120002136.Brooks Village CPUD Words Struck-thre-are deleted and words underlined are added. 4/1/13 Page 14 of 29 i 1713 32) Public administration(Groups 9111-9199, 9229, 9311, 9411-9451, 9511- 9532, 9611-9661). 33) Real estate (Groups 6531-6552). 34) Retail nurseries, lawn and garden supply stores (Group 5261). 35) Shoe repair shops and shoeshine parlors (Group 7251). 36) Security and commodity brokers, dealer, exchanges and services (Groups 6211-6289). 37) Transportation services (Group 4724),travel agencies only. 38) United States Postal Service (Group 4311 except major distribution center). 39) Veterinary services (Groups 0742, 0752 excluding outside kenneling). 40) Videotape rental (Group 7841). 41) Any other land use which is comparable to a land use identified in the above-referenced list of permitted uses subject to the procedures set forth in the LDC for granting such comparable land use approvals. Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities and signage. 2) Eating/picnic areas. 3) Storm water management facilities and structures. 4) Uses and structures that are accessory and incidental to the uses permitted as of right in the C-1, C-1/T District in effect as of the date of approval of this CPUD. 5) Uses and structures that are accessory and incidental to the customary uses permitted as of right in the C-2 District in effect as of the date of approval of this CPUD. 6) Uses and structures that are accessory and incidental to the uses permitted as of right in the C-3 District in effect as of the date of approval of this CPUD. III 3 PUDA-PL20120002136,Brooks Villaie CPUD Words Struck-thru are deleted and words underlined are added. 4/1/13 Page 15 of 29 (_ 1713 A. Prohibited Uses 1) Metal mining(Major Group 10). 2) Coal mining(Major Group 12). 3) Oil and gas extraction (Major Group 13). 4) Mining and quarrying of nonmetallic minerals, except fuels (Major Group 14). 5) Drinking places (Group 5813) and liquor stores (Group 5921). 6) Mail order houses (Group 5961). 7) Merchandizing machine operators (Group 5962). 8) Power laundries (Group 7211). 9) Crematories (Group 7261) (Does not include non-crematory funeral parlors). 10)Radio, TV representatives (Group 7313) and direct mail advertising services (Group 7331). 11)NEC recreational shooting ranges, waterslides, etc. (Group 7999). 12)General hospitals (Group 8062),psychiatric hospitals (Group 8063), and specialty hospitals (Group 8069). 13)Elementary and secondary schools (Group 8211), colleges (Group 8221), junior colleges (Group 8222), libraries (Group 8231). 14)Correctional institutions (Group 9223). 15)Waste management(Group 9511). 16)Homeless shelters (Group 8361) and soup kitchens. 17)Sexually oriented businesses, as defined in Ordinance No. 91-43, as may be amended. Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition III1- PUDA-PL20120002136.Brooks Villase CPUD Words Struck thru are deleted and words underlined are added. 4/1/13 Page 16 of 29 17 (3 3.3 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to the project perimeter, individual parcel or lot boundary lines, or between structures, as applicable. B. MAXIMUM COMMERCIAL INTENSITY: No more than one-hundred and five thousand (105,000) square feet of gross leasable floor area may be developed within the CPUD. No single permitted use may exceed 60,000 square feet of gross leasable floor area. C. PUBLIC OPEN SPACE: A public open space shall be provided as green space within a pedestrian-accessible courtyard as required by the LDC. No buildings or parking facilities shall be permitted within the south one hundred (100') feet of Golden Gate Estates Tract 114. Signage, concrete sidewalks, ingress and incidental traffic pavement as provided in Subsections 3.3.F and 3.3.I below are permitted in this area. D. PEDESTRIAN WAYS: The commercial land uses shall be interconnected by pedestrian friendly sidewalks, walkways, and marked crosswalks through the parking areas. E. ARCHITECTURAL STYLE: All buildings shall have tile roofs, "Old Florida style" metal roofs, or decorative parapet walls above the roofline. The buildings shall be finished in light, subdued colors, except for decorative trim. F. SIGNAGE: Shall be as permitted in the LDC, except that on 11th Avenue S.W. the following limitations apply: (i) Signage in the 11th Avenue SW Right-of-Way shall be limited to traffic signage as approved by the Collier County Department of Transportation; (ii) Should there be ingress into the shopping center from 11th Avenue SW, then the shopping center will not have a "Directory Sign" as defined in 5.06.04 C.3., nor an"on-premise sign" as defined in 5.06.04 C., on 11th Avenue SW; (iii) Commercial directional or identification signs as provided in LDC Sub- section 5.06.04 C13. shall be allowed along any center driveway that connects to 11th Avenue SW. Any Collier Boulevard entry sign for the shopping center shall be a minimum of seventy-five (75) feet from 11th Avenue SW. G. PUD Master Plan: The CPUD Master Plan shall be the plan of development with permitted design latitude of twenty five (25%) percent flexibility of land use location north of the south one hu1}dred (100') feet of Golden Gate Estates Tract 114. The facilities and improvements shown on this CPUD master plan shall be considered conceptual in nature and shall be defined at either SDP approval, construction plans, or plat approval. No vertical construction shall be permitted on the south 100 ft. of Golden Gate Estates Tract 114. III 5 PUDA-PL20120002136,Brooks Village CPUD Words Struck-flare deleted and words underlined are added. 4/1/13 Page 17 of 29 4ID 17B H. HOURS OF OPERATION: Customer operating hours shall be limited to the hours between 6:00 AM and Midnight with the exception of the two outparcels identified as A and B on the Master Plan which may be open 24 hours. . Outparcels A and B are further limited as follows: a. No eating places are allowed to serve alcoholic beverages between the hours of midnight and 6am Sunday through Thursday and 1 am and 6am Friday and Saturday. b. No uses located on outparcels A and B may have outside amplified sound, except for drive-throughs or any amplified sound required by law such as speakers at gas stations. Shopping center deliveries shall be limited to the hours between 6:00 AM and 10:00 PM. I_. ACCESS LIMITATION: Connection to 11th Avenue SW shall be limited to ingress only a single access point. 114 PUDA-PL20120002136,Brooks Village CPUD Words t Sr °�, 4i-tbr- are deleted and words underlined are added. 4/1/13 Page 18 of 29 1713 TABLE II COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES MAXIMUM BUILDING COVERAGE NONE MINIMUM LOT AREA 10,000 Square Feet(S.F.) MINIMUM LOT WIDTH 75 FEET MINIMUM FLOOR AREA 700 S.F. * FLOOR AREA RATIO NONE MAXIMUM GROSS LEASABLE 105,000 FLOOR AREA MIN FRONT YARD 50%of the building height,but not less than 25 feet** MIN SIDE YARD 50%of the building height,but not less than 15 feet MIN REAR YARD 50%of the building height,but not less than 15 feet MIN PRESERVE SETBACK 25 FEET MIN.DIST.BETWEEN STRUCTURES 30 FEET MAX.BLDG.HT. 50 FEET*** ACCESSORY STRUCTURES FRONT 10 FEET SIDE NONE REAR NONE PRESERVE SETBACK 10 FEET MIN.DIST. BETWEEN STRUCTURES 50%of the building height,but not less than 15 feet * Temporary or mobile sales structures are permitted to have a minimum floor area of 25 square feet,and are not subject to setback requirements as set forth above. ** Parcels with two frontages may reduce one front yard by 10 feet. *** Actual building height as defined by the LDC. III 7 PUDA-PL20120002136,Brooks Village CPUD Words Struck thru are deleted and words underlined are added. 4/1/13 Page 19 of 29 { SECTION IV 17 B PRESERVE AREA 4.1 PURPOSE The primary function and purpose of Tract P is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, in their natural state and to utilize this Tract for buffering from property abutting the Neighborhood Center as provided in the Golden Gate Master Plan. 4.2 USES PERMITIED 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, subject to regional, State and Federal permits, when required: A. Principal Uses: 1) Native preserves. 2) Water management facilities. 3) Mitigation areas. 4) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes. IV 1 PUDA-PL20120002136,Brooks Village CPUD Words Struek—th+at-are deleted and words underlined are added. 4/1/13 Page 20 of 29 SECTION V 17 B DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 GENERAL The developer, his successor or assignee, shall follow the Master Plan and the regulations of the CPUD as adopted. In addition, any successor or assignee in title to the developer is bound by any commitments within the CPUD. These commitments may be assigned or delegated to a commercial property owners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 5.3 DEVELOPMENT COMMITMENTS SPECIFIC TO THE BROOKS VILLAGE CPUD Development commitments specific to this CPUD are specified in Paragraph 5.7. 5.4 GENERAL COMMITMENTS A. Exhibit "A", CPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at anytime at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. 5.5 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Brooks Village CPUD, except in preserve areas where landscape buffers are prohibited. However perimeter preserve areas may act as a buffer. All landscaping shall be in accordance with the Collier County LDC in effect at the time of final site development plan approval. The following standards shall apply: A. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. B. No structure shall encroach into a required landscape buffer unless permitted by the LDC. PUDA-PL20120002136,Brooks Village CPUD Words Struck thwfare deleted and words underlined are added. 4/1/13 Page 21 of 29 NO C,r 17B C. The applicant retains the right to construct fences or walls on the commercial side of the required landscape buffer for the residential property to the west. The fences or walls will not exceed five (5) feet in height, and shall be constructed of brick, stone, or wood. Concrete post, or rail type fences and walls, which are also permitted, shall be of open design(not covered by slats, boards or wire). B. The Brooks Village CPUD shall provide a 25-foot wide landscape buffer abutting the external right-of-way. This buffer shall contain two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double row hedge at least 24 inches in height at time of planting and attaining a minimum of three feet in height within one year. A minimum of 50% of the 25-foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers other than grass. Existing native trees shall be retained within this 25-foot wide buffer area. Water retention/detention areas shall be allowed in this buffer area if left in a natural state. Drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall. 5.6 LIGHTING All lighting facilities shall be architecturally-designed, and shall be limited to a height of twenty-five (25) feet. Such lighting facilities shall utilized low pressure sodium, or similar bulbs, and be shielded from neighboring residential land uses. Halogen lighting is prohibited. 5.7 DEVELOPMENT COMMITMENTS TRANSPORTATION The development of this CPUD Master Development Plan shall be subject to and governed by the following conditions: A. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first Certificate of Occupancy(CO). C B. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO or requested by Collier County. The southbound right turn lane into 111}i Avenue SW will not be considered site-related if modified as part of the CR-951 roadway project. Should the development precede CR-951 improvements, the developer shall address any turn lane improvements at this location as determined at the time of development order application if approved by the Board of County Commissioners. C. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. V2 PUDA-PL20120002136,Brooks Village CPUD Words Sfruc'�,Ali-n."- are deleted and words underlined are added. 4/1/13 Page 22 of 29 l�O 178 D. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. All external access points, including both driveways, proposed streets, pedestrian and vehicular interconnections are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage or property line. All such access issues shall be approved or denied during the review of any applications for development orders. All such access shall be consistcnt with the Collier County Access Management Policy (Resolution No. 01 217), as it may bo amended from time to time, and with the Collier County Long Range Transportation Plan . The number of access points may be less than the number depicted on the Master Plan; however, no additional external access points shall be considered unless a PUD amendment or PUD insubstantial change is approved. E. The County's approval of the right-in only turn into the Brooks Village PUD from Pine Ridge Road is contingent upon the following: Modification of the Pine Ridge Road/Collier Boulevard intersection design plans in order to add a second eastbound right turn lane in accordance with FDOT design practices as a safety upgrade to accommodate the developer's proposed right-in only. All costs associated with the second eastbound right turn lane including signal and intersection improvements shall be paid by owner/developer, his successors, or assign at no cost to the County. Within 30 days of approval of the PUD developer/owner shall make a cash payment to the County, or shall post a bond or letter of credit from a County approved bank to pay for all County estimated costs associated with this modification including (but not limited to) additional costs related to engineering, permitting, design modification, right of way acquisition, water management (acceptance and treatment) both on- and off-site related to the Pine Ridge Road frontage, document preparation and recording, cost of materials, and construction costs (the "Improvements"). The owner/developer may enter into a contract with the design consultant currently under contract with Collier County to initiate design changes, which may be used to reduce the cash payment or bond amount by the contractual dollar amount. If the developer is unwilling or unable for any reason to enter a contractual agreement with the County's design consultant within 30 days after PUD approval, then the cash payment or the bond may not be reduced by County. All costs shall be calculated by the County using where available the County's approved contractual rates. The cash payment or bond shall be in an amount not to exceed $188,005.00, the County's estimated cost of the required Improvement(s) resulting from this additional turn lane. The bond may be drawn on by County at the time of County's approval of the construction contract for the intersection improvements. This modification is a site related improvement and is not eligible for transportation impact fee credits. V3 PUDA-PL20120002136.Brooks Villa¢e CPUD Words Struck tlwn are deleted and words underlined are added. 4/1/13 Page 23 of 29 1713 Any additional costs for construction delays incurred by the County under the construction contract for the Pine Ridge Road/Collier Boulevard intersection improvements which are caused by the addition of the right-in only entrance and second right turn lane shall be at the sole cost of the Developer/Owner unless such delay is caused by the County or the County's consultant. Any additional road right of way that may be required by County to accommodate changes resulting from the inclusion of this additional right turn lane including corner clips up to fifteen feet (15') needed for traffic signal and street lighting equipment shall be dedicated to the County by road easement within 60 days of this PUD approval. The road right-of-way shall be conveyed at no cost to the County. Any encroachment resulting from these conveyances shall not require replacement of the displaced buffer area in accordance with Section 9.0307 of the LDC. If the Developer owner fails to convey the road right-of-way prior to or at time of SDP approval of any of the three outparcels, then the right-in only turn lane will not be allowed. F. Subject to 5.7.E above: The easternmost right in only access point on Pine Ridge Road will serve the out parcels located at the intersection of Pine Ridge Road and Collier Blvd. The access point will meet the minimum 180' separation from the edge of pavement of Collier Blvd. The right in only access will incorporate a turn lane and side walk on Pine Ridge Road and will be consistent with the Collier County Pine Ridge Road and Collier Blvd intersection improvement project under design. -1=G. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO or within 60 days of when requested by the County. G.H. Payment in lieu of sidewalks and bike lanes for Collier Boulevard frontage shall be required. The amount shall be determined utilizing the FDOT 2004 Transportation Costs, as amended. Payment shall be required within 90 days of the approval of the rezoning petition by the Board of County Commissioners, or prior to the release of the review for the corresponding site development plan, or plat application, whichever is first. Should the existing sidewalks along Collier Boulevard remain undisturbed through the impending roadway improvements, the developer shall be exempt from making the payment in lieu of construction set forth above. WI. At the request of Collier County, the developer shall install or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter. The exact location will be determined during site development plan review. V-4 PUDA-PL20120002136,Brooks Villase CPUD Words Struck-t.."-u are deleted and words underlined are added. 4/1/13 Page 24 of 29 C�O 17 -ri. The developer shall donate 20 feet of right-of-way and a 10-foot shared slope and construction easement along the Pine Ridge Road frontage; and the developer shall donate up to 5 feet of right-of-way and a 10 foot shared slope and construction easement along the Collier Boulevard frontage. The required right- of-way along the Collier Boulevard frontage shall be determined by Collier County. The 10-foot shared slope and construction easement may be counted towards the required 25-foot landscape buffer and if a sidewalk is installed, no additional landscape buffer shall be required. The dedications shall be provided within 60 days of a written request from Collier County or prior to approval of the final site development plan, whichever occurs first. The developer shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. I-K. The developer agrees to provide water management for the entire right-of-way of Pine Ridge Road improvement project along the entire frontage of the property. (See Exhibit"B") JL. Prior to the approval of the first development order, the developer agrees to pay $25,000.00 for its proportionate share of the Collier Boulevard and Pine Ridge Road signalization and construction improvements. K M. To the extent that Developer has excess unused or uncommitted storage capacity in the PUD water management system, Developer agrees to make available to County that excess storage capacity to accept storm water from a portion of the right of way of the Collier Boulevard improvement project abutting the PUD when Collier Boulevard is widened to six lanes in that location. (See Exhibit"B") WATER MANAGEMENT The development of this CPUD Master Development Plan shall be subject to and governed by the LDC. UTILITIES AND ENGINEERING The development of this CPUD Master Development Plan shall be subject to and governed by the following conditions: A. The development shall be subject to application for and conditions associated with a Water and Sewer Availability Letter from Collier County Utilities Division. I ENVIRONMENTAL The development of this CPUD Master Development Plan shall be subject to and governed by the following conditions: V5 PUDA-PL20120002136,Brooks Village CPUD Words St-un ack-'i-thrar�~~ are deleted and words underlined are added. 4/1/13 Page 25 of 29 17B A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Department. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation/preservation areas shall be designated as preserves on all construction plans and, if the project is platted, shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project commercial property owners' association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. In the event the project does not require platting, all conservation areas shall be recorded as conservation easements dedicated to the project's commercial property owners' association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and shall be subject to review and approval by Environmental Services staff. D. The CPUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to the Environmental Services staff for review and approval prior to final site plan/construction plan approval. E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. F. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. G. The CPUD shall be consistent with the Conservation and Coastal Management Element of the Collier County GMP in effect at the time of final development order approval. H. All approved agency(SFWMD, ACOE, FFWCC)permits shall be submitted prior to final site plan/construction plan approval. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. V6 PUDA-PL20120002136,Brooks Villaue CPUD Words Struek-thru-are deleted and words underlined are added. 4/1/13 Page 26 of 29 ��1 17B J. All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10-foot setback. Where jurisdictional wetlands are a component of a preserve, a structural buffer shall be required to utilize the 10 foot setback. 5.8 DEVELOPER'S COMMITMENTS A. The Developer shall donate a school bus stop shelter to serve the 1 1th Avenue SW residents in a location prescribed by the Collier County School District. B. Off-site, project related traffic improvements must be completed prior to commencement of on-site project development. C. The Developer shall make a donation to Collier County Affordable Housing Trust Fund in the amount of$0.50 per square foot of gross leasable floor area as depicted on approved Site Development Plans. The payment shall be made as a condition to the issuance of a Building Permit and the amount shall be for the gross leasable floor area for that particular Building Permit. Such payments shall be credited against any subsequently adopted fee for affordable or workforce housing by Collier County. D-C. Developer shall donate palm lined (no greater than 75 feet on centcr) sidewalks on both sides of 11th Avenue SW, adjacent to the CPUD boundary. &D. No light or glare shall impact adjacent Estates Zoned properties. Utilization of low pressure sodium, or similar intensity lighting shall be utilized. Halogen lighting is prohibited. E. The Developer shall convey a 40 foot by 50 foot raw water well easement in a location to be determined in the future. This conveyance shall occur at time of the first development order approval. T7 PUDA-PL20120002136,Brooks Village CPUD Words tru°' th Srn+ r"~"~u are deleted and words underlined are added. 4/1/13 Page 27 of 29 t 4 J7 B 5 . ,III 5C> ®®� A , i .. .. .... M1LLN301S38 Allwtld 3leNIS,ONINOZ S31tl1S3--- -- -- m W I i" - MS 3f1N3AV Hill r ' (d)OO'OZCL M.0S.04>69S -8 v 22 m E Or�' Iw)eceLeL M.Laoa,ess' °Hflfl o' �' { I c-9^O m I I (i I/�%/;//,��LLtl S,WBMb,QO.eBS�I/ /,% S /� �l�<�• E!! 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M . gno Z 0 t s O O Q O N s mI „ >yocoz -1 �< Dacc0 _ 1ZCnm Z00Do a --1 * > O CHANGES PER STAFF COMMENTS (DATED 01/22/13) J.P. P.V. 01/13 -10a0 M -1 , CHANGES PER FIRST SUFFICIENCY LETTER (DATED 11/29/12) J.P. P.V. 12/12 Z M NA' ror.NIL s » °` SEMBLER FAMILY EXHIBIT'B" T LAO PARTNESHIP#4I,LLC. RIGHT-OF-WAY WATER A Yid =,,E BROOKS VILLAGE CRUD AMENDMENT MANAGEMENT EXHIBIT ing « I „.ME. .SJ. xNGitrW71W9atn GAt.(zf9i 5961 cl LP { 17B STATE OF FLORIDA) COUNTY OF COLLIER) I , DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2013-29 which was adopted by the Board of County Commissioners on the 23rd day of April, 2013 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of April , 2013 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners 0..Sr<4.(Jaiel_ _ By: Teresa Canftbii, ' Deputy Clem' •. .•