Ordinance 2006-42
o.t)678910,
.....~'?J ~ 1~~ AN ORDINANCE OF THE BOARD OF COUNTY
! ,.. J ~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
i l \\t1 tl\ ~ AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
" \\t.t't~~\) ~i THE COLLIER COUNTY LAND DEVELOPMENT CODE,
~ \\\.\)U ~ ". WHICH INCLUDES THE COMPREHENSIVE ZONING
~09. d"tJ' REGULATIONS FOR THE UNINCORPORATED AREA OF
'C'$~t?Z€7.t:t\'LO COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY.~ r-~~
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CHANGING THE ZONING CLASSIFICATION OF THIL', :.~
HEREIN DESCRIBED REAL PROPERTY FROM THE' ~ ~
ESTATES (E) ZONING DISTRICT TO THE COMMERCIAI;". '~i
PLANNED UNIT DEVELOPMENT (CPUD) ZONINq . :<)
DISTRICT FOR A PROPOSED COMMERCIAL SHOPPING~": :....
CENTER TO BE KNOWN AS BROOKS VILLAGE CPUD, FOR;" ...~ _
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PROPERTY 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.
ORDINANCE NO. 06 42
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WHEREAS, Dwight Nadeau of RW A, Inc., representing Sembler Florida, Inc., 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:
SECTION ONE:
The zoning classification of the herein described real property located in Section 15, Township
49 South, Range 26 East, Collier County, Florida, is changed from the Estates (E) Zoning District to the
Commercial Planned Unit Development (CPUD) Zoning District for a commercial shopping center to be
known as Brooks Village CPUD in accordance with the PUD Document, attached hereto as Exhibit "A",
which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or
maps, as described in Ordinance Number 04-41, 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 DUL Y ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, thisc;2&7h day of ~p1<elh /:re.r- , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY; ~<-~____
FRANK HALAS, CHAIRMAN
~~~to~2'-
f1onlturecOll,. I
Approved as to form arid .
legal sufficiency
&i A{.lY1 .I1f-{.(I1i~- !JUti~ t.y
Marjo M. Student-Stirling' (\
Assistant County Attorney
PUDZ.2005.A R.83 3 7/MZ/sp
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
PREP ARED FOR:
SEMBLER FLORIDA, INC
5858 CENTRAL A VENUE
ST. PETERSBURG, FL 33707-1728
PREP ARED BY:
uwrA~c.
C()NSULTING,
........ Y y..L. ....
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
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
8/3/06
9/26/06
06- 42
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TABLE OF CONTENTS
List of Exhibits
Statement of Compliance
Section I
Property Ownership, Legal Description
Section II
Project Development Requirements
Section III
Commercial Development Standards
Section IV
Preserve Area
Section V
Development Commitments
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11
I-I
II-I
III -1
IV-l
V-I
LIST OF EXHIBITS
EXHIBIT "A"
CPUD MASTER PLAN
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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
I. 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 2004-7] ).
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 2004-7]).
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)
Merchandizing Machine Operators (5962)
Power Laundries (7211)
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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).
III
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SECTION 1
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 I
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.
1-1
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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.
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 under contract for purchase by Sembler Florida, Inc., from LDJ
Associates, Ltd., a Florida Limited Partnership.
1.4 GENERAL DESCRIPTION
The applicant is proposing 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:J: 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 11 th A venue SW on the south, in Golden Gate Estates Unit 26,
Section 15, Township 49 South, Range 26 East.
I-2
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Approximately 1.98 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.
I.S 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:l: 0.95 acres,
and an additional :1:1.46 acres will be designated as a wet detention area north of 11 th
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".
1-3
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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.
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TABLE I
PROJECT LAND USE TRACTS
TRACT "C"
TYPE
COMMERCIAL
ACREAGE:!:
17.6
TRACT "P"
PRESERVE
3.1
Right-of-way outside development area
TOTAL
2.0
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.
2.4 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.
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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.
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.
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.
II-3
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2.9 REQUIRED ENVIRONMENTAL PERM1 TTING
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.
2.10 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to the GMP and the LDC, a minimum of3.1 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.
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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-l, 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).
II) Eating places (Group 5812 only, beer, wine and liquor sales for
consumption on premise permitted).
Reference Executive Office of the President, Office of Management and Budget, Standard Industrial
Classification Manual, 1987 Edition
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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).
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 repalr,
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).
Reference Executive Office of the President, Office of Management and Budget, Standard Industrial
Classification Manual, 1987 Edition
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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).
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
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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-l, C-l/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.
C. Prohibited Uses
I) 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).
Reference Executive Office of the President, Office of Management and Budget, Standard Industrial
Classification Manual, 1987 Edition
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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
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.
D. PEDESTRIAN WAYS: The commercial land uses shall be interconnected by
pedestrian friendly sidewalks, walkways, and marked crosswalks through the
parking areas.
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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 11 th A venue 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 th Avenue SW. Any Collier Boulevard entry sign for the shopping center shall
be a minimum of seventy-five (75) feet from 11 th 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 hundred (100') feet of Golden Gate Estates Tract
114.
H. HOURS OF OPERATION: Customer operating hours shall be limited to the
hours between 6:00 AM and Midnight. Shopping center deliveries shall be
limited to the hours between 6:00 AM and 10:00 PM.
I ACCESS LIMIT A TION: Connection to 11 th Avenue SW shall be limited to
ingress only.
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T ABLE 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.
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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.
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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:
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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.
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.
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
TRANSPORTA TION
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).
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.
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The southbound right turn lane into 11 th Avenue SW will not be considered site-
related if modified as part of the CR-951 roadway project. Should the
development precede CR-95 I 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.
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 consistent with the
Collier County Access Management Policy (Resolution No. 01-247), as it may be
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. 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.
F. 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.
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G. 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.
H. 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.
1. 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.
J. 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. 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.
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.
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ENVIRONMENT AL
The development of this CPUD Master Development Plan shall be subject to and
governed by the following conditions:
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.
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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.
1. Areas that fulfill the native vegetation retention standards and criteria of the GMP
shall be set aside as preserve areas.
J. All principal structures shall have a mImmum 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 11th Avenue SW
residents in a location prescribed by the Collier County School District;
B. Off-site, project related traffic improvements must be completed pnor 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. Developer shall donate palm lined (no greater than 75 feet on center) sidewalks
on both sides of 11 th Avenue SW, adjacent to the CPUD boundary;
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.
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.
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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 2006-42
Which was adopted by the Board of County Commissioners
on the 26th day of September, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of September, 2006.
DWIGHT E. BROCK
Clerk of Courts and Cle~k
Ex-officio to Board of
County Commissioners
l1uu 1fdUv 0(-
By: Ann Jennej6hn,
Deputy Clerk