Backup Documents 09/25-26/2012 Item #17A 17A
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, August 31,
2012, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Land
Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida
34104.
Originating Dept/Div: GMD/Planning&Zoning Person:Kay Deselem,Principal Planner Date: August 20,2012
Petition No. PUDZ-PL20110000406: BRYNWOOD CENTER
Petitioner: First Community Bank of SW FL; 1565 Red Cedar Drive; Fort Myers, FL 33907
Name&Address of any person(s)to be notified by Clerk's Office:Richard D.Yovanovich Esquire; Coleman,Yovanovich
& Koester, P.A.; Northern Trust Bank Building ; 4001 Tamiami Trail North, Suite 300; Naples, FL 34103
and ; Mr. Robert L.Duane,AICP; Hole Montes,Inc.; 950 Encore Way; Naples,FL
34110
Hearing before: X BCC BZA Other
Requested Hearing date:Tuesday,September 25,2012. Based on advertisement appearing 20 days before hearing.
Newspaper(s)to be used: Naples Daily News
Proposed Text: See Attached
Companion petition(s),if any&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:
Land Development Services,Zoning Review Section; Fund&Cost Center: 131-138326-649100-00000; Purchase Order
Number: 4500096189;Account Number:068779
Reviewed by:
r
Divisiorlitdministrator or Designee Date
List Attachments: Ordinance
DISTRIBUTION INSTRUCTIONS
For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to
County Manager. Note: If legal 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: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
**************************************************************** *************************************
FOR CLERK'S OFFI U ONLY: /25/ui Date Received: / t Date of Public Hearing: ! Date Advertised: 9/151//
17 A
ORDINANCE NO. 12-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING
THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING
DISTRICT WITH AN "ST" OVERLAY TO A COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT
FOR A PROJECT TO BE KNOWN AS THE BRYNWOOD
CENTER CPUD TO ALLOW CONSTRUCTION OF A MAXIMUM
OF 145,000 SQUARE FEET OF RETAIL AND OFFICE USES
WHICH INCLUDE A MAXIMUM OF 25,000 SQUARE FEET OF
RETAIL AND A MAXIMUM OF 60,000 SQUARE FEET OF
MEDICAL OFFICE USES. ALSO PERMITTED ARE HOTEL AND
MOTEL USES AT 20 UNITS PER ACRE AND GROUP HOUSING
(ASSISTED LIVING FACILITY AND INDEPENDENT LIVING
UNITS) AT A FLOOR AREA RATIO OF .60. FOR EACH ACRE
OF GROUP HOUSING OR HOTEL OR MOTEL USE, 12,083
SQUARE FEET OF RETAIL OR OFFICE USE SHALL BE
SUBTRACTED FROM THE TOTAL AMOUNT OF ALLOWABLE
COMMERCIAL SQUARE FOOTAGE. THE PROJECT IS
LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD,
APPROXIMATELY 980 FEET EAST OF THE INTERSECTION OF
LIVINGSTON ROAD AND PINE RIDGE ROAD IN SECTION 18,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA CONSISTING OF 13.65+1- ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert Duane, AICP, of Hole Montes, Inc. and Richard D. Yovanovich,
Esquire of Coleman, Yovanovich & Koester, P.A. representing First Community Bank of
Southwest Florida, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
Brynwood Center CPUD/ Page 1 of 3
PUDZ-PL2011-406
Rev.08/06/12
17A
SECTION ONE:
The zoning classification of the herein described real property located in Section 18,
Township 48 South, Range 26 East, Collier County, Florida is changed from an Agricultural (A)
Zoning District with an ST Overlay to a Commercial Planned Unit Development (CPUD)
Zoning District for a project to be known as the Brynwood Center CPUD to allow construction
of a maximum of 145,000 square feet of retail and office uses which include a maximum of
25,000 square feet of retail and a maximum of 60,000 square feet of medical office uses. Also
permitted are hotel and motel uses at 20 units per acre and group housing(assisted living facility,
and independent living units) at a floor area ratio of.60. For each acre of group housing or hotel
or motel use, 12,083 square feet of retail or office use shall be subtracted from the total amount
of allowable commercial square footage in accordance with Exhibits "A" through "F', attached
hereto and incorporated herein. The appropriate zoning atlas map or maps, as described in
Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are
hereby amended accordingly.
SECTION TWO:
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 ,2012.
NITEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA
By: By:
Y ,Deputy Clerk FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
101'
Heidi Ashton-Cicko
Managing Assistant County Attorney
Brynwood Center CPUD/ Page 2of 3
PUDZ-PL2011-406
Rev.08/06/12
17A
Attachments: Exhibit A—List of Permitted Uses
Exhibit B—Development Standards
Exhibit C-1A—Master Plan
Exhibit C-1B—Master Plan
Exhibit C-2—Enhanced Type`B"Landscape Buffer&Preserve
Exhibit D—Legal Description
Exhibit E—List of Requested Deviations
Exhibit F—List of Developer Commitments
CP\11-CPS-01111\87
Brynwood Center CPUD/ Page 3of 3
PUDZ-PL201 1-406
Rev.08/06/12
17A s
EXHIBIT A
LIST OF PERMITTED USES
BRYNWOOD CENTER CPUD
I. PERMITTED PRINCIPAL USES AND STRUCTURES.
No building or structure, or part thereof, shall be erected, altered or used, or land used,in
whole or in part,for other than the following:
A. Commercial Uses
1. Accounting,Auditing and Bookkeeping Services (8721)
2. Apparel and Accessory Stores (5611)1
3. Architectural Services (8712)
4. Automobile and Home Supply Stores (5531)1
5. Automobile Service and repair shops general (7538)2
6. Banks,commercial:national (6021)
7., Banks, commercial: state (6022)
8. Banks,commercial:Not Federally Chartered (6029)
9. Banks,savings:Federal (6035)
10. Banks,savings:Not Federally Chartered (6036)
11. Barber Shops (7241)1
12. Beauty Shops (7231)1
13. Book Stores. (5942)1
14. Business Consulting Services-not elsewhere classified (8748)
15. Camera Stores (5946)1
16. Carpet and Upholstery Cleaning (7217)1
17. Candy,Nut and Confectionery Stores (5441)1
18. Children's and Infants' Wear Stores (5641)1
19. Chiropractors Offices&Clinics (8041)
20. Commercial Economic, Sociological and Educational Research (8732)
21. Commercial Physical and Biological Research (8731)
22. Computer and Computer Software Stores (5734)1
23. Credit Unions,Federally Chartered (6061)
24. Credit Unions, State:Not Federally Chartered (6062)
25. Dairy Products Stores (5451)
26. Dental Laboratories (8072)
27. Dentist Offices&Clinics (8021)
28. Department Stores (5311)1
29. Doctors-Medicine Offices&Clinics (8011)
30. Doctors-Osteopathy Offices&Clinics (8031)
31. Doctors-Chiropractors Offices&Clinics (8041)
32. Drapery, Curtain and Upholstery Stores (5714)1
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17A
33. Drug Stores and Propriety Stores (5912)1
34. Eating Places (5812)3
35. Engineering Services (8711) 1
36. Facilities Support Management Services (8744)
37. Family Clothing Stores (5651)1
38. Floor Covering Stores (5713)1
39. Florists (5992)1
40. Fruit and Vegetable Markets (5431)1
41. Funeral Service only(excluding Crematories) (7261)1
42. Furniture Stores (5712)1
43. Garment Pressing and Agents for Laundries and Drycleaners (7212)1
44. Gasoline Stations (5541)4
45. General Medical and Surgical Hospitals (8062)
46. General Merchandise Stores(groups) (5311)1
47. Grocery Stores (5411)1
48. Hardware Store (5251)'
49. Health and Allied Services-not elsewhere classified (8099)
50. Health practitioners Offices&Clinics -not elsewhere classified (8049)
51. Home Furniture,Furnishing and Equipment Stores (5712)1 i
52. Home health care services (8082)
53. Hotels and Motels (7011)
54. Household Appliance Stores (5722)1
55. Insurance Agents,Brokers and Service (6411)
56. Kidney Dialysis Centers (8092)
57. Legal Services (8111) 1
58. Management Consulting Services (8742)
59. Management Services (8741)
60. Meat and Fish(Seafood)Markets,including Freezer Provisioners (5421)1
61. Medical Laboratories (8071)
62. Men's and Boy's Clothing and Accessory Stores (5611)'
63. Miscellaneous Apparel and Accessory Stores (5699)1
64. Miscellaneous Food Stores (5499)1
65. Miscellaneous General Merchandise Stores (5399)1
66. Miscellaneous Homefurnishings Stores (5719)'
67. Miscellaneous personal services, not elsewhere classified excluding (7299)
massage parlors, steam baths,tattoo parlors and Turkish baths
68. Miscellaneous Retail Stores -not elsewhere classified (5999)1
69. Musical Instrument Stores (5736)1
70. Noncommercial Research Organizations (8733)
71. Nursing and Personal Care Facilities-not elsewhere classified (8059)
•
72. Optical Goods Stores (5995)1
73. Optometrists-Offices&Clinics (8042)
74. Paint,Glass&Wallpaper Stores (5231)1
75. Photographic Studios,Portrait (7221)
76. Physical Fitness Facilities (7991)
77, Podiatrists-Offices&Clinics (8043)
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VA
78. Public Relations Services (8743)
79. Radio,Television and Consumer Electronics Stores (5731)1
80. Real Estate Agents and Managers (6531)
81. Record and Prerecorded Tape Stores (adult video rental or sales (5735)'
prohibited) 1
82. Retail Bakeries (5461)
83. Retail Nurseries,Lawn&Garden Supply Stores (5261)'
84. Shoe Repair Shops and Shoeshine Parlors (7251)1
85. Shoe Stores (5661)1
86.. Specialty Hospitals, except psychiatric (8069)
87. Specialty Outpatient Facilities—not elsewhere classified (8069)
88. Sporting Goods Stores and Bicycle Shops (5941)1
89. Surveying Services (8713)
90. Tax Return Preparation Services (7291)
91. Testing Laboratories (8734)
92. Travel Agencies (4724)
93, Used Furniture Stores (5932)1
94. Variety Stores (5331)'
95. Veterinary Services for Animal Specialties with no outdoor kenneling (0742)1
96. Video Tape Rental,(adult video rental or sales prohibited) (7841)'
97. Women's Accessory and Specialty Stores (5632)1
98. Women's Clothing Stores (5621)1
Footnotes:
1 Prohibited within 400 feet of the south property line.
2 Prohibited within 600 feet of the south property line (see also Exhibit B, Section
3 Prohibited within 400 feet of the south property line except as an accessory use to
a hotel/moteI (see also Exhibit B, Section V). No outdoor music, television or
open windows shall be permitted other than for a pass-through for food service.
4 Allowed only on Pine Ridge Road frontage(see also Exhibit B,Section IV).
B. Preserve areas.
C. Any other commercial or professional use comparable in nature with the
foregoing list of permitted uses and consistent with the purpose and intent of the
district determined by the Board of Zoning Appeals,pursuant to the LDC.
II. PERMITTED PRINCIPAL USES FOR GROUP HOUSING/RETIREMENT
COMMUNITY USES THROUGHOUT THIS CPUD
A. Group Housing 8051, Skilled Nursing, Intermediate Care Facilities 8052,Nursing
and Personal Care not else classified 8059.
B. Independent living units.
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17 A r.
C. Assisted living units.
D. Retirement community.
E. See also Section 5.05.04.D, Group Housing of the LDC for use of terms including
independent living units, assisted living units and retirement community, and
standards for these housing types
III. PERMITTED ACCESSORY USES AND STRUCTURES
A. Uses and structures that are accessory and incidental to the permitted uses of the
CPUD document.
B. Eating places (Group 5812), only in conjunction with hotel/motel use if located
within 400 feet of the south property line.
C. Drinking places (Group 5813), only in conjunction with eating places or
hotel/motel use.
D. Exterior speakers for drive-through facilities such as a bank or fast food restaurant
only outside the 400-foot setback area from the south property line.
E. Signs as permitted in the LDC.
F. Stormwater Management Areas.
G. Swimming pools and recreational facilities such as tennis courts for hotel/motel
guests.
H. Parking(7521) except tow-in parking lots.
I. Any other accessory and related use that is determined to be comparable in nature
with the foregoing by the Board of Zoning Appeals,pursuant to the LDC.
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17A
EXHIBIT B
DEVELOPMENT STANDARDS
BRYNWOOD CENTER CPUD
The table below sets forth the development standards for land uses within the Brynwood Center
CPUD. Standards not specifically set forth herein shall be those specified in applicable sections
of the LDC in effect as of the date of approval of the SDP or subdivision plat.
I. DEVELOPMENT STANDARDS FOR CPUD DISTRICT
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 sq.ft. N/A
AVERAGE LOT WIDTH 100 ft. N/A
MINIMUM YARDS(External)
From Pine Ridge Road ROW 25 ft. SPS
From Eastern Project Boundary 25 ft.' 15 ft.
From Western Project Boundary 25 ft. 15 ft.
From Southern Project Boundary 2 90 ft.(two stories) 25 ft
120 ft.(three stories)
MINIMUM YARDS(Internal)
Internal Drives(from edge of driveway pavement) 15 ft. 10 ft.
From Internal Tract Boundaries 15 ft. 10 ft.
Lakes 20 ft.3 20 ft.3
Preserves 25 ft. 10 ft.
MIN.DISTANCE BETWEEN BUILDINGS 'Yz the sum of zoned building 10 ft.
heights
MAXIMUM HEIGHT ZONED ACTUAL
(Either with or withou parking in these structures)
Retail Buildings(two stories) 35 ft. 45 ft. 25 ft.
Office Buildings(three stories) 40 ft. 50 ft. 35 ft.
Hotel and Motel(three stories) 40 ft. 50 ft. 35 ft.
Hotel and Motel(four stories)4 50 ft. 60 ft. 35 ft.
Group Housing(three stories) 40 ft. 50 ft. 35 ft.
MINIMUM FLOOR AREA 1,000 sq.ft. N/A
SPS=same as principal use setback.
Footnotes:
1 No setback is required from the east property line provided a unified plan is approved with the Pine Ridge
West PUD.
2 No sound speaker systems within 400 feet of the south property line. The only sound speaker systems
permitted are for drive-through windows for banks or fast food restaurants. Some uses listed in Exhibit A
are subject to additional setback restrictions from the south property line.
3 Measured from lake control elevation.
4 Not permitted within 400 feet from the south property line.
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17A :,„
II. DEVELOPMENT REQUIREMENTS FOR GROUP HOUSING/RETIREMENT
COMMUNITY
Group housing/re a.i ent community uses described in Exhibit A, Section II shall
provide the followin= services and/or be subject to the following operational standards:
A. The facility shall be for residents 55 years of age and older.
B. There shall be on-site dining for the residents.
C. Group transportation services shall be provided for residents for the purposes of
grocery and other types of shopping. Individual transportation services may be •
provided for the residents' individualized needs including but not limited to
medical office visits.
D. There shall be an on-site manager/activities coordinator to assist residents with
their individual needs. The manager/coordinator shall also be responsible for
arranging trips to off-site events as well as planning for lectures, movies, music
and other entertainment for the residents at the on-site clubhouse.
E. A wellness center shall be provided on-site. Exercise and other fitness programs
shall be provided for the residents.
F. Each unit shall be equipped to notify emergency service providers in the event of
medical or other emergency.
G. Each unit shall be designed to accommodate residents with physical impairments
(handicaps) as required by the applicable building codes and federal law and
regulation.
III. HOURS OF OPERATION
There shall be no loading or unloading within.400 feet from the south property line
before 7:00 a.m.or after 6:00 p.m.Monday through Saturday for any permitted use.
IV. MISCELLANEOUS USE RESTRICTIONS
A. Certain uses are prohibited within 400 feet of the south property line as provided
in Exhibit A, Section I,
B. Automobile service and repair shops and similar types off permitted uses such as
tire dealers shall conduct all activities within enclosed structures. Bay doors may
not be oriented to the south. These uses are not permitted less than 600 feet from
the south property line.
C. Gas Stations shall be limited to frontage on Pine Ridge Road only.
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17A
•
V. EATING PLACES AND DRINKING PLACES AS AN ACCESSORY USE TO A
HOTEL/MOTEL
Eating and drinking places are allowed in conjunction with a hotel/motel within 400 feet
to the south property line and shall be subject to the following requirements:
A. They shall be accessory uses to a hotel or motel with no sign identification.
B. They shall be located in the northern portion of the building.
C. No outdoor music,televisions or open windows other than a pass-through window
for food service shall be permitted.
D. They shall be limited to serving only hotel patrons with room keys and their
guests.
E. The drinking place shall be limited to a maximum of 25 seats.
VI. DEVELOPMENT INTENSITIES
A. Commercial Area
1. Intensity: A maximum of 145,000 SF of gross floor area which includes
up to 25,000 SF of retail; 60,000 SF or more of general office; and no
more than 60,000 SF of medical office.
2. Conversion:The maximum allowable gross floor area of 145,000 SF shall
be reduced by 12,083 SF for each gross acre of hotel/motel or group
housing or fraction thereof.
B. Group Housing/Retirement Community Uses
With conversion noted in VI, A.2 above, a maximum 0.60 floor area ratio
(F.A.R.).
C. Hotel/Motel
With conversion noted in VI,A.2 above,a maximum of 20 units per acre.
D. Acreage of preserve areas and lake area in excess of 1.65 acres shall be included
in the calculation of densities and F.A.R.'s. (The first 1.65 acres of preserve area
shall not be counted because it is required to reduce the project area to 12 acres to
meet the infill criteria).
E. The use of retail/office, group housing or hotel/motel and the acreages for each
use shall be assigned at site development plan approval. The conversion from
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•
17A " 0,1
retail and office floor area to hotel/motel or group housing acreage shall include
common or accessory use areas such as lakes,preserves and access drives, which
may be included in the site area as described in the site development plan for
density purposes(whether platted or not).
VII. ENHANCED LANDSCAPE BUFFER(SOUTH PROPERTY LINE)
Exhibit C-2 is attached and depicts an enhanced landscape buffer and preserve area along
the south property line. Within this buffer area are 14 to 18-foot trees spaced no more
than 20 feet on centers. These trees shall be staggered in heights and on centers with a 6-
foot high wall provided as depicted on Exhibits C-1A and C-2.
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17A I Fl
EXHIBIT D
LEGAL DESCRIPTION
BRYNWOOD CENTER CPUD
THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS THE
WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. LESS PARCEL 116 AS DESCRIBED IN THE LIS PENDES RECORDED IN O.R.
BOOK 2631, PAGE 188 AND ORDER OF TAKING RECORDED IN O.R. BOOK 2660,
PAGE 3364 AND LESS PARCEL 115 AS DESCRIBED IN THE LIS PENDES RECORDED
IN O.R. BOOK 944, PAGE 494 AND THE STIPULATED FINAL JUDGMENT RECORDED
IN O.R.BOOK 1185,PAGE 541, CONTAINING 13.650 ACRES MORE OR LESS.
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17A
EXHIBIT E
LIST OF REQUESTED DEVIATIONS
BRYNWOOD CENTER CPUD
Deviation No. 1 seeks relief from LDC Section 5.05.04.D.1 to allow the floor area ratio(F.A.R.)
to be increased from 0.45 to 0.60 for group housing/retirement community uses described in
Exhibit A,Section II on up to 12 acres due to the limitations of the infi11 criteria of the GMP.
Deviation No. 2 seeks relief from LDC Section 6.06.02.A.1, Sidewalks and Bike Paths
requirements that requires sidewalks on both sides of the street. The deviation is to not require
sidewalks on either side of the street if a sidewalk network is provided which continuously
connects all development tracts to each other, to Pine Ridge Road, and to the east and west
neighboring tracts. (See Exhibit C-1A,CPUD Master Plan).
Deviation No. 3 seeks relief from LDC Section 5.03.02.H,Fences and Walls that requires when
nonresidential development lies contiguous to or opposite a residentially zoned district, said
nonresidential development shall provide a masonry wall or prefabricated concrete wall or fence.
The deviation is not to require a wall or fence along the south property line where a lake or the
southwest preserve area lies between the future commercial developed area and the south
property line.
Deviation No.4 seeks relief from LDC Section 6,06.01.0 which requires a 60-foot right-of-way
width for local streets.The deviation is to allow for a 40-foot wide private roadway easement or
right-of-way. (See cross section on Exhibits C-1A and C-1B, CPUD Master Plan).
Deviation No. 5A seeks relief from LDC Section 5.06.04.F.9.a, pertaining to setbacks for on
premises directional signs which requires directional signs to maintain a setback 10 feet from the
edge of the roadway, paved surface or the back of the curb. This deviation would allow the
directional signs internal to the development to be located 5 feet from the edge of roadway
pavement as depicted on the CPUD Master Plan(Exhibit C-1A).
Deviation No. 5B seeks relief from LDC Section 5.06.04.F.1.b which requires pole and ground
signs to be setback 10 feet from property line. This deviation is to allow the directional signs to
be set back 3 feet from the property line only for the east and west interconnecting access road
entrances as depicted on the CPUD Master Plan(Exhibit C-lA).
Deviation No, 6 seeks relief from LDC Section 5.06.04.F.9.b, which allows on-premises
directional signs to be combined into a single sign 64 square feet in area. This deviation is to
allow two directional signs, each up to 64 square feet in area at the east and west interconnecting
access road entrances as depicted on the CPUD Master Plan(Exhibit C-lA).
Deviation No. 7 seeks relief from LDC Section 5.06.04.F.3,pertaining to directory signs which
allows multiple-occupancy parcels or multiple parcels developed under a unified development
plan with a minimum of 8 independent units and containing 25,000 square feet of leasable floor
area to be permitted on a directory sign and which allows a minimum of 4 panels and a
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17A
maximum of 8 panels. This deviation is to allow a minimum of 2 independent panels to be
displayed on the one directory sign at the project entrance on Pine Ridge Road as depicted on the
CPUD Master Plan(Exhibit C-IA).If the developer elects to allow 4 or more independent panels
on the one directory sign,the maximum sign area shall be 150 SF. If the developer elects to have
2 or 3 independent panels on the one directory sign,the maximum sign area shall be 100 SF.
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17A
EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
BRYNWOOD CENTER CPUD
I. TRANSPORTATION
A. The development within this project shall be limited to 577 unadjusted two-way
PM peak hour trips(or 504 adjusted two-way,PM peak hour trips), corresponding
to the highest trip generation scenario of those proposed in the updated traffic
study information dated October 13, 2011 allowing for flexibility in the proposed
uses without creating unforeseen impacts on the adjacent roadway network. The
terms "adjusted" and "unadjusted" shall reference allowances for pass-by and
internal capture trip reductions. For purposes of calculation of the weekday PM
peak hour trip generation in this CPUD, the lesser of the weekday PM peak hour
trips as calculated in the Institute of Traffic Engineer's (ITE) Report, titled Trip
Generation, 8th Edition or the trip generation as calculated in the then current ITE
Trip Generation Report shall be utilized.
B. Shared access connections shall be provided to the commercial parcels to the east
and west as shown on Exhibit C-1A, CPUD Master Plan. The cross-access
connection and roadway shall be maintained by owner and may be a perpetual,
non exclusive access easement or public right-of-way at no cost to the public.No
parking and no loading shall be permitted directly on the access roadway.
C. The development will be allowed one driveway to Pine Ridge Road constructed at
developer's expense and subject to applicable Collier County permitting
requirements.
D. A bus shelter area approximately 9 feet by 20 feet shall be reserved along the Pine
Ridge Road frontage in an area generally shown on the Exhibit C-1A, CPUD
Master Plan.The bus shelter may be located in the landscape buffer area.
II. ENVIRONMENTAL
The subject property has 7.16 acres of native vegetation and is required to preserve 1.07
acres. The preserve areas depicted on Exhibits C-1A and C-1B, CPUD Master Plan
provide 3.10±acres to be preserved.
III. PUD MONITORING
One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring
until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD
commitments until close-out of the PUD. At the time of this CPUD approval, the
Managing Entity is the First Community Bank of Southwest Florida. Should the
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1
7A
Managing Entity desire to transfer the monitoring and commitments to a successor entity,
then it must provide a copy of a legally binding document that needs to be approved for
legal sufficiency by the County Attorney. After such approval,the Managing Entity will
be released of its obligations upon written approval of the transfer by County staff, and
the successor entity shall become the Managing Entity. As Owner and Developer sell off
tracts, the Managing Entity shall provide written notice to County that includes an
acknowledgement of the commitments required by the CPUD by the new owner and the
new owner's agreement to comply with the Commitments through the Managing Entity,
but the Managing Entity shall not be relieved of its responsibility under this Section.
When the PUD is closed-out, then the Managing Entity is no longer responsible for the
monitoring and fulfillment of PUT commitments.
N. WALL
The wall near the southerly property line depicted on the CPUD Master Plan(Exhibits C-
1 A and C-2)shall be painted brown on the south side.
•
•
i I
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17A
Acct. #068779
August 17, 2012
Attn: Legals
Naples News Media Group
1100 Immokalee Rd.
Naples, Florida 34110
Re: PUDZ-PL20110000406; Brynwood Center
Dear Legals:
Please advertise the above referenced notice on Wednesday, September 5, 2012,
and kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500096189
17A PI
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, September 25, 2012 , 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 2004-41,
AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING
THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM AGRICULTURAL (A) ZONING DISTRICT WITH AN "ST" OVERLAY
TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING
DISTRICT FOR A PROJECT TO BE KNOWN AS THE BRYNWOOD CENTER
CPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF 145, 000 SQUARE
FEET OF RETAIL AND OFFICE USES WHICH INCLUDE A MAXIMUM OF
25, 000 SQUARE FEET OF RETAIL AND A MAXIMUM OF 60, 000 SQUARE
FEET OF MEDICAL OFFICE USES. ALSO PERMITTED ARE HOTEL AND
MOTEL USES AT 20 UNITS PER ACRE AND GROUP HOUSING (ASSISTED
LIVING FACILITY AND INDEPENDENT LIVING UNITS) AT A FLOOR
AREA RATIO OF . 60, FOR EACH ACRE OF GROUP HOUSING OR HOTEL
OR MOTEL USE, 12, 083 SQUARE FEET OF RETAIL OR OFFICE USE
SHALL BE SUBTRACTED FROM THE TOTAL AMOUNT OF ALLOWABLE
COMMERCIAL SQUARE FOOTAGE. THE PROJECT IS LOCATED ON THE
SOUTH SIDE OF PINE RIDGE ROAD, APPROXIMATELY 980 FEET EAST
OF THE INTERSECTION OF LIVINGSTON ROAD AND PINE RIDGE ROAD
IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 13 .65+/- ACRES; AND BY
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.
VA
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
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
y � 17A'Cont �.o���c�llier
CLERK OF THE CiRCtJIT COURT
Dwight E. Brock COLLIER COUNTY COUR7� IOUSE Clerk of Courts
Clerk of Courts 3301 TAMIAMI IL EA,ST
P.O. BOX 4 3044 � Accountant
NAPLES, FLORIDA 4101-3 44 Auditor
Custodian of County Funds
-fc
August 17, 2012
Coleman, Yovanovich & Koester, P.A.
Richard D. Yovanovich, Esq.
4001 Tamiami Trail North
Suite 300
Naples, FL 34103
Re: Notice of Public Hearing to consider Petition:
PUDZ-PL20110000406: Brynwood Center
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the Board
of County Commissioners on Tuesday, September 25, 2012, as indicated on the
enclosed notice. The legal notice pertaining to this petition will be published in the
Naples Daily News on Wednesday, September 5, 2012.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
ntittejt.„— 417(
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646 Fax (239) 252-2755
Website: www.collierclerk.com Email: collierclerk(a collierclerk.com
'County, of Ce llier 1 7 A
CLERK OF THERC IT COURT
COLLIER COUNTY OUR OUSE
Dwight E. Brock 3301 TAMIAMI AIL EST Clerk of Courts
Clerk of Courts P.O. BOX 43044 Accountant
NAPLES, FLORIDA 4101-3 44 Auditor
k Custodian of County Funds
August 17, 2012
t �..
Hole Montes, Inc.
Robert L. Duane, AICP
950 Encore Way
Naples, FL 34110
Re: Notice of Public Hearing to consider Petition:
PUDZ-PL20110000406: Brynwood Center
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the Board
of County Commissioners on Tuesday, September 25, 2012, as indicated on the
enclosed notice. The legal notice pertaining to this petition will be published in the
Naples Daily News on Wednesday, September 5, 2012.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara, •
Deputy Clerk
Enclosure
Phone (239) 252-2646 Fax (239) 252-2755
Website: www.collierclerk.com Email: collierclerk(collierclerk.com
nt of C dllier 17 A
CLERK OF THE CIRCtJIT COURT
Dwight E. Brock COLLIER COUNTY OUR MOUSE Clerk of Courts
Clerk of Courts 3301 TAMIAMI IL EAST Accountant
P.O. BOX 4 3044 1
NAPLES, FLORIDA' 4101-3 44 Auditor
Custodian of County Funds
August 17, 2012
First Community Bank of SWFL
1565 Red Cedar Dr.
Ft. Myers, FL 33907
Re: Notice of Public Hearing to consider Petition:
PUDZ-PL20110000406: Brynwood Center
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the Board
of County Commissioners on Tuesday, September 25, 2012, as indicated on the
enclosed notice. The legal notice pertaining to this petition will be published in the
Naples Daily News on Wednesday, September 5, 2012.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
--ni/CLUA—\9-11/tX'
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646 Fax (239) 252-2755
Website: www.collierclerk.com Email: collierclerkCcollierclerk.com
Martha S. Vergara 17 A
From: Martha S.Vergara
Sent: Monday,August 20, 2012 8:44 AM
To: Naples Daily News Legals
Subject: PUDZ-PL20110000406 - Brynwood Center
Attachments: PUDZ-PL20110000406 (Brynwood Center 9-25-12).doc; PUDZ-PL20110000406
(Brynwood Center 9-25-12).doc
Legals,
Please advertise the following attached ad on Wednesday, September 5, 2012.
Please forward an ok when received, if you have any questions feel free to call me.
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara(a collierclerk.com
Martha S. Vergara
17A
From: Green,Amy <AGreen @Naplesnews.com>
Sent: Monday, August 20, 2012 9:01 AM
To: Martha S.Vergara
Subject: Ad Confirmation
Attachments: UAS17DF.jpg
Please provide approval ASAP for publication.
Thank You,
Naples News Legals
Thank you for placing your ad.
Date 08/20/12
Publication NDN
Account Number 744102
Ad Number 1959557
Total Ad Cost $321.30
1
NOTICE OF INTENT TO CONSIDER ORDINANCE 1 7 A
Notice is hereby given that on TUESDAY, Septeinber 25, 2012, in the Boardroom,
3rd Floor, Administration !Wilding, Collier County Government Center„ 3299 East
Tairdarni 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 follipvvs:
AN ORDINANCE OF THE. BOARD OF COUNTY COMMISSIONERS OF COWER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 200441, AS AlvIENDED,
THE COLLIER COUNTY LAND DEVELOPNIENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS
MAR OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AGRICULTURAL (A)ZONING DISTRICT mi.AN
_
'ST I OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT ((PUD) ZONING
DISTRICT FOR A PROJECT TO BE KNOWN AS THE BRYNWOOD CENTER CPUD TO
ALLOW CONSTRUCTION OF A MAXIMUM OF 145,000 SQUARE FEET OF RETAIL AND
OFFICE USES WHICH INCLUDE A MAXIMUM OF 25,000 SQUARE FEET OF RETAIL
AND A MAXIMUM OF 60,000 SQUARE FEET OF MEDICAL OFFICE USES. ALSO
PERMITTED ARE HOTEL AND MOTEL USES AT 20 UNITS PER ACRE AND GROUP
-IOUSING (ASSISTED LIVING FACILITY AND INDEPENDENT LIVING UNITS) AT A
FLOOR AREA RATIO OF .60, FOR EACH ACRE OF GROUP HOUSING OR HOTEL OR
MOTEL USE, 12,083 SQUARE FEET Of RETAIL OR OFFICE USE SHALL BE SUBTRACTED
FROM THE TOTAL AMOUNT OF ALLOWABLE COMMERCIAL SQUARE FOOTAGE.
THE PROJECT IS LOCATED ON THE SOUTH SIDE Of PINE RIDGE ROAD,
APPROXIMATELY 980 FEET EAST OF THE INTERSECTION OF LIVINGSTON ROAD AND
PINE RIDGE ROAD IN SECTION 18t TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. CONSISTING OF 13.65 +/- ACRES; AND BY PROVIDING AN
ElitCTIVE 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 assi‘lance, 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
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By Martha Vergara,Deputy Clerk
(SEAL)
September 5 2012
No. 1959557
VA
Martha S. Vergara
From: Naples Daily News <naplesnews @clicknbuy.com>
Sent: Tuesday, September 04, 2012 11:08 PM
To: Martha S.Vergara
Subject: Thank you for placing your classified advertisement.
Ad# 1959557
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, September
25, 2012, 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 2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM AGRICULTURAL (A) ZONING DISTRICT WITH
AN "ST" OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING
DISTRICT FOR A PROJECT TO BE KNOWN AS THE BRYNWOOD CENTER CPUD TO ALLOW
CONSTRUCTION OF A MAXIMUM OF 145,000 SQUARE FEET OF RETAIL AND OFFICE USES
WHICH INCLUDE A MAXIMUM OF 25,000 SQUARE FEET OF RETAIL AND A MAXIMUM OF 60,000
SQUARE FEET OF MEDICAL OFFICE USES. ALSO PERMITTED ARE HOTEL AND MOTEL USES AT
20 UNITS PER ACRE AND GROUP HOUSING (ASSISTED LIVING FACILITY AND INDEPENDENT
LIVING UNITS) AT A FLOOR AREA RATIO OF .60, FOR EACH ACRE OF GROUP HOUSING OR
HOTEL OR MOTEL USE, 12,083 SQUARE FEET OF RETAIL OR OFFICE USE SHALL BE
SUBTRACTED FROM THE TOTAL AMOUNT OF ALLOWABLE COMMERCIAL SQUARE FOOTAGE.
THE PROJECT IS LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD, APPROXIMATELY 980
FEET EAST OF THE INTERSECTION OF LIVINGSTON ROAD AND PINE RIDGE ROAD IN SECTION
18, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13.65
+/ACRES; AND BY 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
1
17 .A a .
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 FRED COYLE, CHAIRMAN DWIGHT E. BROCK,
CLERK By: Martha Vergara, Deputy Clerk (SEAL) September 5, 2012 No. 1959557
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7-A , ,
7
NAPLES DAILY NEWS
Published Daily
Naples,FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
NOTICE OF INTENT TO CONSIDER ORDINANCE
Before the undersigned they serve as the authority,personally Notice is hereby given that on TUESDAY, September 25, 2012, in the Boardroom,
pp Lynn y
appeared L Schneider, who on oath says that she serves as 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
Order Entry Data Specialist of the Naples Daily News, a daily title of the proposed Ordinance is as follows: -
newspaper ublished at Naples, in Collier County, Florida; AN ORDINANCE OF THE.'BOARD OF COUNTY COMMISSIONERS OF COLLIER
published p y COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
distributed in Collier and Lee counties of Florida that the THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS
attached copy of the advertising,being a MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AGRICULTURAL (A) ZONING DISTRICT WITH AN
"ST" OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT(CPUD)ZONING
DISTRICT FOR A PROJECT.TO BE KNOWN AS THE BRYNWOOD CENTER CPUD•TO
PUBLIC NOTICE ALLOW CONSTRUCTION OF A MAXIMUM OF 145,000 SQUARE FEET OF RETAIL AND
OFFICE USES WHICH INCLUDE A MAXIMUM OF 25,000 SQUARE FEET OF RETAIL
AND A MAXIMUM OF 60,000 SQUARE FEET OF MEDICAL OFFICE USES. ALSO
PERMITTED ARE HOTEL AND MOTEL USES AT 20 UNITS PER ACRE AND GROUP
HOUSING (ASSISTED LIVING FACILITY AND INDEPENDENT LIVING UNITS) AT A
FLOOR AREA RATIO OF .60, FOR EACH ACRE OF GROUP HOUSING OR HOTEL OR
in the matter of PUBLIC NOTICE MOTEL USE, 12,083 SQUARE FEET OF RETAIL OR OFFICE USE SHALL BE SUBTRACTED
FROM THE TOTAL AMOUNT OF ALLOWABLE COMMERCIAL SQUARE FOOTAGE.
THE PROJECT IS LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD,
APPROXIMATELY 980 FEET EAST OF THE INTERSECTION OF LIVINGSTON ROAD AND
waspublished in said newspaper 1 time in the issue PINE RIDGE ROAD IN SECTION 18,TOWNSHIP 48 SOUTH, RANGE 26 EAST,COLLIER
p COUNTY, FLORIDA, CONSISTING OF 13.65 +1- ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
on September 5th, 2012 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
Affiant further says that the said Naples Daily News is a newspi 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
published at Naples, in said Collier County, Florida, and that the 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
newspaper has heretofore been continuously published in said Cc
allotted 10 minutes °"an item.
Persons wishing to have written or graphic materials included in the Board agenda
County, Florida; distributed in Collier and Lee counties of Florid packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. to any case, written materials intended to be considered by the
each da and has been entered as second class mail matter at the Board shall be submitted to the appropriate County staff a minimum of seven days
y prior to the public hearing. All material used in presentations before the Board
office in Naples, in said Collier County, Florida, for a period ( will become a permanent part cif the record.
Any person who decides to appeal a decision of the Board wilt,need a record of the
year next preceding the first publication of the attached copy proceedings pertaining thereto and therefore,may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
advertisement; and affiant further says that he has neither paid evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
promised any person, firm or corporation any discount,reba 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
commission or refund for he purpose of securing this advertisem 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
publication in the said n A saper. the County Commissioners'Office.
r BOARD OF COUNTY COMMISSIONERS
-; COLLIER COUNTY,FLORIDA
4 /'-� FRED COYLE,CHAIRMAN
( Signat e of affiant) DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk
(SEAL) •
September 5 2012 No 1959557
Sw M to and subs(ri s-d before me
T 26th day . S-pt:mber '012
At A411 A I/1
(Signatr of notary public)
F iq '. CAROL PAWLINSKI $t•■ MY COMMISSION U EE 45538
•- - EXPIRES:November 28,2014 1
',Rf„tst Bonded'Mini Plchard Insurance Agency
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip.and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines#1 through#4 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#4,complete the checklist,and forward to Sue Filson(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Judy Puig GMD Planning &
Regulation/Operations
2.
3.
4.
5 Ian Mitchell, Supervisor, BCC Office Board of County ,IZ(� [(Z
Commissioners
6. Minutes and Records Clerk of Court's OfficeYY1 q fo/'2-
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval.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,including Sue Filson,need to contact staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Kay Deselem Phone Number 252-2931
Contact
Agenda Date Item was September 25,2012 Agenda Item Number 17.A
Approved by the BCC
•
Type of Document Ordinance Number of Original 1
Attached Documents Attached
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. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions,etc. signed by the County Attorney's Office and signature pages from
contracts, agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's 4-0
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the irD
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's �D
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. �D
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC September 25,2012 and all changes made
during the meeting have been incorporated in the attached document.The County �D
Attorney's Office has reviewed the changes,if applicable.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05
17 ,4
MEMORANDUM
Date October 9, 2012
To: Kay Deselem, Principal Planner
Zoning and Land Development
From: Teresa Cannon, Deputy Clerk
Board Minutes & Records Department
Re: Validated Ordinance 2012-37/Brynwood Center CPUD
Attached for your records is a copy of the Ordinance referenced above
(Item #17A) adopted by the Board of County Commissioners on Tuesday, September
25, 2012.
If you have any questions, please call me at 252-8411.
Thank you.
Attachment
1
MEMORANDUM
Date: October 9, 2012
To: Ernie Kerskie, Director
Collier County Property Appraiser's Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Ordinance 2012-37: PUDZ-PL2011-406/Brynwood Center CPUD
Attached for your records is a copy of the document referenced above, adopted
by Collier County's Board of County Commissioners on September 25, 2012.
If you have any questions, please call me at 252-8411.
Thank you.
Attachment
1 ? A
ORDINANCE NO. 12- 3 7
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING
THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING
DISTRICT WITH AN "ST" OVERLAY TO A COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT
FOR A PROJECT TO BE KNOWN AS THE BRYNWOOD
CENTER CPUD TO ALLOW CONSTRUCTION OF A MAXIMUM
OF 145,000 SQUARE FEET OF RETAIL AND OFFICE USES
WHICH INCLUDE A MAXIMUM OF 25,000 SQUARE FEET OF
RETAIL AND A MAXIMUM OF 60,000 SQUARE FEET OF
MEDICAL OFFICE USES. ALSO PERMITTED ARE HOTEL AND
MOTEL USES AT 20 UNITS PER ACRE AND GROUP HOUSING
(ASSISTED LIVING FACILITY AND INDEPENDENT LIVING
UNITS) AT A FLOOR AREA RATIO OF .60. FOR EACH ACRE
OF GROUP HOUSING OR HOTEL OR MOTEL USE, 12,083
SQUARE FEET OF RETAIL OR OFFICE USE SHALL BE
SUBTRACTED FROM THE TOTAL AMOUNT OF ALLOWABLE
COMMERCIAL SQUARE FOOTAGE. THE PROJECT IS
LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD,
APPROXIMATELY 980 FEET EAST OF THE INTERSECTION OF
LIVINGSTON ROAD AND PINE RIDGE ROAD IN SECTION 18,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA CONSISTING OF 13.65+/- ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert Duane, AICP, of Hole Montes, Inc. and Richard D. Yovanovich,
Esquire of Coleman, Yovanovich & Koester, P.A. representing First Community Bank of
Southwest Florida, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Brynwood Center CPUD/ Page 1 of 3
PUDZ-PL2011-406
Rev. 08/06/12
17A
SECTION ONE:
The zoning classification of the herein described real property located in Section 18,
Township 48 South, Range 26 East, Collier County, Florida is changed from an Agricultural (A)
Zoning District with an ST Overlay to a Commercial Planned Unit Development (CPUD)
Zoning District for a project to be known as the Brynwood Center CPUD to allow construction
of a maximum of 145,000 square feet of retail and office uses which include a maximum of
25,000 square feet of retail and a maximum of 60,000 square feet of medical office uses. Also
permitted are hotel and motel uses at 20 units per acre and group housing (assisted living facility
and independent living units) at a floor area ratio of.60. For each acre of group housing or hotel
or motel use, 12,083 square feet of retail or office use shall be subtracted from the total amount
of allowable commercial square footage in accordance with Exhibits "A" through "F", attached
hereto and incorporated herein. The appropriate zoning atlas map or maps, as described in
Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are
hereby amended accordingly.
SECTION TWO:
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 Z4tN day of Sepkmlatir, 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.JitOCI CLERK COLLIER COUNTY, FLORIDA
B • - By
• 2-L„,
Attest as q t'Clerk FRED W. COYLE, Chai
tyv6,aiwt .�
Approved as to form
and legal sufficiency:
A CIL
eidi Ashton-Cicko
Managing Assistant County Attorney
Brynwood Center CPUD/ Page 2of 3
PUDZ-PL2011-406
Rev. 08/06/12
1 7 A
Attachments: Exhibit A—List of Permitted Uses
Exhibit B—Development Standards
Exhibit C-lA—Master Plan
Exhibit C-1 B—Master Plan
Exhibit C-2—Enhanced Type "B" Landscape Buffer & Preserve
Exhibit D—Legal Description
Exhibit E—List of Requested Deviations
Exhibit F—List of Developer Commitments
CP\11-CPS-01111\87
Brynwood Center CPUD/ Page 3of 3
PUDZ-PL2011-406
Rev. 08/06/12
1 ?
EXHIBIT A
LIST OF PERMITTED USES
BRYNWOOD CENTER CPUD
PERMITTED PRINCIPAL USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Commercial Uses
1. Accounting, Auditing and Bookkeeping Services (8721)
2. Apparel and Accessory Stores (5611)1
3. Architectural Services (8712)
4. Automobile and Home Supply Stores (5531)1
5. Automobile Service and repair shops general (7538)2
6. Banks, commercial: national (6021)
7. Banks, commercial: state (6022)
8. Banks, commercial: Not Federally Chartered (6029)
9. Banks, savings: Federal (6035)
10. Banks, savings: Not Federally Chartered (6036)
11. Barber Shops (7241)1
12. Beauty Shops (7231)1
13. Book Stores (5942)1
14. Business Consulting Services-not elsewhere classified (8748)
15. Camera Stores (5946)1
16. Carpet and Upholstery Cleaning (7217)1
17. Candy,Nut and Confectionery Stores (5441)1
18. Children's and Infants' Wear Stores (5641)1
19. Chiropractors Offices & Clinics (8041)
20. Commercial Economic, Sociological and Educational Research (8732)
21. Commercial Physical and Biological Research (8731)
22. Computer and Computer Software Stores (5734)1
23. Credit Unions, Federally Chartered (6061)
24. Credit Unions, State: Not Federally Chartered (6062)
25. Dairy Products Stores (5451)
26. Dental Laboratories (8072)
27. Dentist Offices &Clinics (8021)
28. Department Stores (5311)1
29. Doctors - Medicine Offices & Clinics (8011)
30. Doctors - Osteopathy Offices &Clinics (8031)
31. Doctors - Chiropractors Offices & Clinics (8041)
32. Drapery, Curtain and Upholstery Stores (5714)1
Page 1 of 16
H:\2006\2006063\WP\Rezone\Rezone 2011\Post CCPC\Brynwood Center PUDZ-PL-2011-0406 CPUD(08-07-2012).doc
17 .4
33. Drug Stores and Propriety Stores (5912)1
34. Eating Places (5812)3
35. Engineering Services (8711)
36. Facilities Support Management Services (8744)
37. Family Clothing Stores (5651)1
38. Floor Covering Stores (5713)1
39. Florists (5992)1
40. Fruit and Vegetable Markets (5431)1
41. Funeral Service only(excluding Crematories) (7261)1
42. Furniture Stores (5712)1
43. Garment Pressing and Agents for Laundries and Drycleaners (7212)1
44. Gasoline Stations (5541)4
45. General Medical and Surgical Hospitals (8062)
46. General Merchandise Stores (groups) (5311)1
47. Grocery Stores (5411)1
48. Hardware Store (5251)1
49. Health and Allied Services-not elsewhere classified (8099)
50. Health practitioners Offices &Clinics -not elsewhere classified (8049)
51. Home Furniture, Furnishing and Equipment Stores (5712)1
52. Home health care services (8082)
53. Hotels and Motels (7011)
54. Household Appliance Stores (5722)1
55. Insurance Agents, Brokers and Service (6411)
56. Kidney Dialysis Centers (8092)
57. Legal Services (8111)
58. Management Consulting Services (8742)
59. Management Services (8741)
60. Meat and Fish(Seafood) Markets, including Freezer Provisioners (5421)'
61. Medical Laboratories (8071)
62. Men's and Boy's Clothing and Accessory Stores (5611)'
63. Miscellaneous Apparel and Accessory Stores (5699)1
64. Miscellaneous Food Stores (5499)1
65. Miscellaneous General Merchandise Stores (5399)1
66. Miscellaneous Homefurnishings Stores (5719)'
67. Miscellaneous personal services, not elsewhere classified excluding (7299)
massage parlors, steam baths, tattoo parlors and Turkish baths
68. Miscellaneous Retail Stores -not elsewhere classified (5999)1
69. Musical Instrument Stores (5736)1
70. Noncommercial Research Organizations (8733)
71. Nursing and Personal Care Facilities-not elsewhere classified (8059)
72. Optical Goods Stores (5995)1
73. Optometrists-Offices & Clinics (8042)
74. Paint, Glass &Wallpaper Stores (5231)1
75. Photographic Studios,Portrait (7221)
76. Physical Fitness Facilities (7991)
77. Podiatrists-Offices & Clinics (8043)
Page 2 of 16
11:\2006\2006063\WP\Rezone\Rezone 2011\Post CCPC\Brynwood Center PUDZ-PL-2011-0406 CPUD(08-07-2012).doc
17 ,4
78. Public Relations Services (8743)
79. Radio, Television and Consumer Electronics Stores (5731)'
80. Real Estate Agents and Managers (6531)
81. Record and Prerecorded Tape Stores (adult video rental or sales (5735)1
prohibited)
82. Retail Bakeries (5461)1
83. Retail Nurseries, Lawn & Garden Supply Stores (5261)1
84. Shoe Repair Shops and Shoeshine Parlors (7251)1
85. Shoe Stores (5661)1
86. Specialty Hospitals, except psychiatric (8069)
87. Specialty Outpatient Facilities—not elsewhere classified (8069)
88. Sporting Goods Stores and Bicycle Shops (5941)1
89. Surveying Services (8713)
90. Tax Return Preparation Services (7291)
91. Testing Laboratories (8734)
92. Travel Agencies (4724)
93. Used Furniture Stores (5932)1
94. Variety Stores (5331)1
95. Veterinary Services for Animal Specialties with no outdoor kenneling (0742)'
96. Video Tape Rental, (adult video rental or sales prohibited) (7841)1
97. Women's Accessory and Specialty Stores (5632)1
98. Women's Clothing Stores (5621)1
Footnotes:
Prohibited within 400 feet of the south property line.
2 Prohibited within 600 feet of the south property line (see also Exhibit B, Section
IV).
3 Prohibited within 400 feet of the south property line except as an accessory use to
a hotel/motel (see also Exhibit B, Section V). No outdoor music, television or
open windows shall be permitted other than for a pass-through for food service.
4 Allowed only on Pine Ridge Road frontage (see also Exhibit B, Section IV).
B. Preserve areas.
C. Any other commercial or professional use comparable in nature with the
foregoing list of permitted uses and consistent with the purpose and intent of the
district determined by the Board of Zoning Appeals, pursuant to the LDC.
II. PERMITTED PRINCIPAL USES FOR GROUP HOUSING/RETIREMENT
COMMUNITY USES THROUGHOUT THIS CPUD
A. Group Housing 8051, Skilled Nursing, Intermediate Care Facilities 8052,Nursing
and Personal Care not else classified 8059.
B. Independent living units.
Page 3of16
H:\2006\2006063\WP\Rezone\Rezone 2011\Post CCPC\Brynwood Center PUDZ-PL-2011-0406 CPUD(08-07-2012).doc
174
C. Assisted living units.
D. Retirement community.
E. See also Section 5.05.04.D, Group Housing of the LDC for use of terms including
independent living units, assisted living units and retirement community, and
standards for these housing types
III. PERMITTED ACCESSORY USES AND STRUCTURES
A. Uses and structures that are accessory and incidental to the permitted uses of the
CPUD document.
B. Eating places (Group 5812), only in conjunction with hotel/motel use if located
within 400 feet of the south property line.
C. Drinking places (Group 5813), only in conjunction with eating places or
hotel/motel use.
D. Exterior speakers for drive-through facilities such as a bank or fast food restaurant
only outside the 400-foot setback area from the south property line.
E. Signs as permitted in the LDC.
F. Stormwater Management Areas.
G. Swimming pools and recreational facilities such as tennis courts for hotel/motel
guests.
H. Parking(7521) except tow-in parking lots.
I. Any other accessory and related use that is determined to be comparable in nature
with the foregoing by the Board of Zoning Appeals,pursuant to the LDC.
Page 4 of 16
H:\2006\2006063\WP\Rezone\Rezone 2011\Post CCPC\Biynwood Center PUDZ-PL-2011-0406 CPUD(08-07-2012).doc
17A
EXHIBIT B
DEVELOPMENT STANDARDS
BRYNWOOD CENTER CPUD
The table below sets forth the development standards for land uses within the Brynwood Center
CPUD. Standards not specifically set forth herein shall be those specified in applicable sections
of the LDC in effect as of the date of approval of the SDP or subdivision plat.
I. DEVELOPMENT STANDARDS FOR CPUD DISTRICT
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 sq.ft. N/A
AVERAGE LOT WIDTH 100 ft. N/A
MINIMUM YARDS(External)
From Pine Ridge Road ROW 25 ft. SPS
From Eastern Project Boundary 25 ft.' 15 ft.
From Western Project Boundary 25 ft. 15 ft.
From Southern Project Boundary 2 90 ft.(two stories) 25 ft,
120 ft. (three stories)
MINIMUM YARDS(Internal)
Internal Drives(from edge of driveway pavement) 15 ft. 10 ft.
From Internal Tract Boundaries 15 ft. 10 ft.
Lakes 20 ft.3 20 ft.3
Preserves 25 ft. 10 ft.
MIN.DISTANCE BETWEEN BUILDINGS '/2 the sum of zoned building 10 ft.
heights
MAXIMUM HEIGHT ZONED ACTUAL
(Either with or without parking in these structures)
Retail Buildings(two stories) 35 ft. 45 ft. 25 ft.
Office Buildings(three stories) 40 ft. 50 ft. 35 ft.
Hotel and Motel(three stories) 40 ft. 50 ft. 35 ft.
Hotel and Motel(four stories)4 50 ft. 60 ft. 35 ft.
Group Housing(three stories) 40 ft. 50 ft. 35 ft.
MINIMUM FLOOR AREA 1,000 sq.ft. N/A
SPS=same as principal use setback.
Footnotes:
No setback is required from the east property line provided a unified plan is approved with the Pine Ridge
West PUD.
2 No sound speaker systems within 400 feet of the south property line. The only sound speaker systems
permitted are for drive-through windows for banks or fast food restaurants. Some uses listed in Exhibit A
are subject to additional setback restrictions from the south property line.
3 Measured from lake control elevation.
4 Not permitted within 400 feet from the south property line.
Page 5of16
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17A
II. DEVELOPMENT REQUIREMENTS FOR GROUP HOUSING/RETIREMENT
COMMUNITY
Group housing/retirement community uses described in Exhibit A, Section II shall
provide the following services and/or be subject to the following operational standards:
A. The facility shall be for residents 55 years of age and older.
B. There shall be on-site dining for the residents.
C. Group transportation services shall be provided for residents for the purposes of
grocery and other types of shopping. Individual transportation services may be
provided for the residents' individualized needs including but not limited to
medical office visits.
D. There shall be an on-site manager/activities coordinator to assist residents with
their individual needs. The manager/coordinator shall also be responsible for
arranging trips to off-site events as well as planning for lectures, movies, music
and other entertainment for the residents at the on-site clubhouse.
E. A wellness center shall be provided on-site. Exercise and other fitness programs
shall be provided for the residents.
F. Each unit shall be equipped to notify emergency service providers in the event of
medical or other emergency.
G. Each unit shall be designed to accommodate residents with physical impairments
(handicaps) as required by the applicable building codes and federal law and
regulation.
III. HOURS OF OPERATION
There shall be no loading or unloading within 400 feet from the south property line
before 7:00 a.m. or after 6:00 p.m. Monday through Saturday for any permitted use.
IV. MISCELLANEOUS USE RESTRICTIONS
A. Certain uses are prohibited within 400 feet of the south property line as provided
in Exhibit A, Section I.
B. Automobile service and repair shops and similar types of permitted uses such as
tire dealers shall conduct all activities within enclosed structures. Bay doors may
not be oriented to the south. These uses are not permitted less than 600 feet from
the south property line.
C. Gas Stations shall be limited to frontage on Pine Ridge Road only.
Page 6 of 16
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174
V. EATING PLACES AND DRINKING PLACES AS AN ACCESSORY USE TO A
HOTEL/MOTEL
Eating and drinking places are allowed in conjunction with a hotel/motel within 400 feet
to the south property line and shall be subject to the following requirements:
A. They shall be accessory uses to a hotel or motel with no sign identification.
B. They shall be located in the northern portion of the building.
C. No outdoor music,televisions or open windows other than a pass-through window
for food service shall be permitted.
D. They shall be limited to serving only hotel patrons with room keys and their
guests.
E. The drinking place shall be limited to a maximum of 25 seats.
VI. DEVELOPMENT INTENSITIES
A. Commercial Area
1. Intensity: A maximum of 145,000 SF of gross floor area which includes
up to 25,000 SF of retail; 60,000 SF or more of general office; and no
more than 60,000 SF of medical office.
2. Conversion: The maximum allowable gross floor area of 145,000 SF shall
be reduced by 12,083 SF for each gross acre of hotel/motel or group
housing or fraction thereof.
B. Group Housing/Retirement Community Uses
With conversion noted in VI, A.2 above, a maximum 0.60 floor area ratio
(F.A.R.).
C. Hotel/Motel
With conversion noted in VI,A.2 above, a maximum of 20 units per acre.
D. Acreage of preserve areas and lake area in excess of 1.65 acres shall be included
in the calculation of densities and F.A.R.'s. (The first 1.65 acres of preserve area
shall not be counted because it is required to reduce the project area to 12 acres to
meet the infill criteria).
E. The use of retail/office, group housing or hotel/motel and the acreages for each
use shall be assigned at site development plan approval. The conversion from
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17A
retail and office floor area to hotel/motel or group housing acreage shall include
common or accessory use areas such as lakes, preserves and access drives, which
may be included in the site area as described in the site development plan for
density purposes (whether platted or not).
VII. ENHANCED LANDSCAPE BUFFER(SOUTH PROPERTY LINE)
Exhibit C-2 is attached and depicts an enhanced landscape buffer and preserve area along
the south property line. Within this buffer area are 14 to 18-foot trees spaced no more
than 20 feet on centers. These trees shall be staggered in heights and on centers with a 6-
foot high wall provided as depicted on Exhibits C-lA and C-2.
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174
EXHIBIT D
LEGAL DESCRIPTION
BRYNWOOD CENTER CPUD
THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS THE
WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. LESS PARCEL 116 AS DESCRIBED IN THE LIS PENDES RECORDED IN O.R.
BOOK 2631, PAGE 188 AND ORDER OF TAKING RECORDED IN O.R. BOOK 2660,
PAGE 3364 AND LESS PARCEL 115 AS DESCRIBED IN THE LIS PENDES RECORDED
IN O.R. BOOK 944, PAGE 494 AND THE STIPULATED FINAL JUDGMENT RECORDED
IN O.R. BOOK 1185, PAGE 541, CONTAINING 13.650 ACRES MORE OR LESS.
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174
EXHIBIT E
LIST OF REQUESTED DEVIATIONS
BRYNWOOD CENTER CPUD
Deviation No. 1 seeks relief from LDC Section 5.05.04.D.1 to allow the floor area ratio (F.A.R.)
to be increased from 0.45 to 0.60 for group housing/retirement community uses described in
Exhibit A, Section II on up to 12 acres due to the limitations of the infill criteria of the GMP.
Deviation No. 2 seeks relief from LDC Section 6.06.02.A.1, Sidewalks and Bike Paths
requirements that requires sidewalks on both sides of the street. The deviation is to not require
sidewalks on either side of the street if a sidewalk network is provided which continuously
connects all development tracts to each other, to Pine Ridge Road, and to the east and west
neighboring tracts. (See Exhibit C-lA, CPUD Master Plan).
Deviation No. 3 seeks relief from LDC Section 5.03.02E, Fences and Walls that requires when
nonresidential development lies contiguous to or opposite a residentially zoned district, said
nonresidential development shall provide a masonry wall or prefabricated concrete wall or fence.
The deviation is not to require a wall or fence along the south property line where a lake or the
southwest preserve area lies between the future commercial developed area and the south
property line.
Deviation No. 4 seeks relief from LDC Section 6.06.01.0 which requires a 60-foot right-of-way
width for local streets. The deviation is to allow for a 40-foot wide private roadway easement or
right-of-way. (See cross section on Exhibits C-lA and C-1B, CPUD Master Plan).
Deviation No. 5A seeks relief from LDC Section 5.06.04.F.9.a, pertaining to setbacks for on
premises directional signs which requires directional signs to maintain a setback 10 feet from the
edge of the roadway, paved surface or the back of the curb. This deviation would allow the
directional signs internal to the development to be located 5 feet from the edge of roadway
pavement as depicted on the CPUD Master Plan (Exhibit C-lA).
Deviation No. 5B seeks relief from LDC Section 5.06.04.F.1.b which requires pole and ground
signs to be setback 10 feet from property line. This deviation is to allow the directional signs to
be set back 3 feet from the property line only for the east and west interconnecting access road
entrances as depicted on the CPUD Master Plan(Exhibit C-lA).
Deviation No. 6 seeks relief from LDC Section 5.06.04.F.9.b, which allows on-premises
directional signs to be combined into a single sign 64 square feet in area. This deviation is to
allow two directional signs, each up to 64 square feet in area at the east and west interconnecting
access road entrances as depicted on the CPUD Master Plan (Exhibit C-lA).
Deviation No. 7 seeks relief from LDC Section 5.06.04.F.3, pertaining to directory signs which
allows multiple-occupancy parcels or multiple parcels developed under a unified development
plan with a minimum of 8 independent units and containing 25,000 square feet of leasable floor
area to be permitted on a directory sign and which allows a minimum of 4 panels and a
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174
maximum of 8 panels. This deviation is to allow a minimum of 2 independent panels to be
displayed on the one directory sign at the project entrance on Pine Ridge Road as depicted on the
CPUD Master Plan (Exhibit C-IA). If the developer elects to allow 4 or more independent panels
on the one directory sign, the maximum sign area shall be 150 SF. If the developer elects to have
2 or 3 independent panels on the one directory sign, the maximum sign area shall be 100 SF.
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EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
BRYNWOOD CENTER CPUD
TRANSPORTATION
A. The development within this project shall be limited to 577 unadjusted two-way
PM peak hour trips (or 504 adjusted two-way, PM peak hour trips), corresponding
to the highest trip generation scenario of those proposed in the updated traffic
study information dated October 13, 2011 allowing for flexibility in the proposed
uses without creating unforeseen impacts on the adjacent roadway network. The
terms "adjusted" and "unadjusted" shall reference allowances for pass-by and
internal capture trip reductions. For purposes of calculation of the weekday PM
peak hour trip generation in this CPUD, the lesser of the weekday PM peak hour
trips as calculated in the Institute of Traffic Engineer's (ITE) Report, titled Trip
Generation, 8th Edition or the trip generation as calculated in the then current ITE
Trip Generation Report shall be utilized.
B. Shared access connections shall be provided to the commercial parcels to the east
and west as shown on Exhibit C-IA, CPUD Master Plan. The cross-access
connection and roadway shall be maintained by owner and may be a perpetual,
non exclusive access easement or public right-of-way at no cost to the public. No
parking and no loading shall be permitted directly on the access roadway.
C. The development will be allowed one driveway to Pine Ridge Road constructed at
developer's expense and subject to applicable Collier County permitting
requirements.
D. A bus shelter area approximately 9 feet by 20 feet shall be reserved along the Pine
Ridge Road frontage in an area generally shown on the Exhibit C-lA, CPUD
Master Plan. The bus shelter may be located in the landscape buffer area.
II. ENVIRONMENTAL
The subject property has 7.16 acres of native vegetation and is required to preserve 1.07
acres. The preserve areas depicted on Exhibits C-lA and C-1B, CPUD Master Plan
provide 3.10± acres to be preserved.
III. PUD MONITORING
One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring
until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD
commitments until close-out of the PUD. At the time of this CPUD approval, the
Managing Entity is the First Community Bank of Southwest Florida. Should the
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Managing Entity desire to transfer the monitoring and commitments to a successor entity,
then it must provide a copy of a legally binding document that needs to be approved for
legal sufficiency by the County Attorney. After such approval, the Managing Entity will
be released of its obligations upon written approval of the transfer by County staff, and
the successor entity shall become the Managing Entity. As Owner and Developer sell off
tracts, the Managing Entity shall provide written notice to County that includes an
acknowledgement of the commitments required by the CPUD by the new owner and the
new owner's agreement to comply with the Commitments through the Managing Entity,
but the Managing Entity shall not be relieved of its responsibility under this Section.
When the PUD is closed-out, then the Managing Entity is no longer responsible for the
monitoring and fulfillment of PUD commitments.
IV. WALL
The wall near the southerly property line depicted on the CPUD Master Plan(Exhibits C-
1A and C-2) shall be painted brown on the south side.
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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 2012-37
which was adopted by the Board of County Commissioners
on the 25th day of September, 2012, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of September, 2012 .
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Bpa t ..o -°.,
County Commis$z,o4444-
64(140 '
By: Teresa Carinprf,;; + 1`-
Deputy Clerk'