Ordinance 96-60 ~z- ORDINANCE NO. 96-60
...~ ,.'
R[C[1VrO -.
Clerk
of Board ~ ORDINMICE ~MENDING ORDINANCE N~BS~ 9~-~02
-('/ ~H~ CO~ER COU~ ~D D~B~H~ COD~ ~CH
""":' INCLUDES THE COMPREHENSIVE ZONING REGU~TIONS
.-. ,e,c.
--z.z ...... FOR THE ~INCORPO~TED ~EA OF COLLIER COUNTY,
F~RIDA BY ~ENDING THE OFFICIAL ZONING ATBS
CBSSIFICATION OF THE HEREIN DESCRIBED R~
PROPERTY FROM "PUD" TO "PUD" PENNED ~IT l
D~E~PMENT KNO~ AS BRIGHTON G~DENS ,
CONTAINING 133 CONGREGATE LIVING FACILITY
~ITS, WITH 93 ASSISTED LIVING ~ITS ~D A' 40
BED SKILLED N~SING FACILITY FOR PROPERTY
~CATED ON THE WEST SIDE OF AIRPORT-PULLInG
ROAD (C.R. 31), APPROXIBTELY 1 1/2 MILESh
SOUTH OF I~OBLEE ROAD, ~CATED IN SECTI~ 2,
TOWNSHIP 49 SOUTH, ~GE 25 EAST, COLLIER
CO~TY, F~RIDA, CONSISTING OF 5.14 ACRES;
PROVIDING FOR THE REPEL OF ORDIN~CE N~BER
90-72, AS ~BDED, THE FOBER GREEK ORTHODOX
CH~CH PUD; AND 3Y PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Kevin G. Coleman, Esquire of Goodlette, Coleman
& Johnson and Robert L. Duane of Hole, Montes and Associates,
representing Marriott Senior Living Services, 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:
SECTION ONE:
The zoning classification of the herein described real
property located in Section 2, Township 49 South, Range ~5
East, Collier County, Florida, is changed from "PUD to "PUD"
Planned Unit Development in accordance with the Greek
Orthodox Church PUD Document, attached hereto as Exhibit "A"
and incorporated by reference herein. The Official Zoning
Atlas Map Number 9502N, as described in Ordinance Number
91-102, the Collier County Land Development Code, is hereby
amended accordingly.
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Ordinance Number 90-72, as amended, known as the Greek
Orthodox Church PUD, adopted on September 25, 1990 by the
Board of County Commissioners of Collier County, is hereby
repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with
the Department of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this ~T~ day of
J.~ , 1996.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~rfE~,~ ........]',~ o . NORR~~
.-'-l'<"' .....',.-~f/f',, BY:
: ..-.... .. ~ J
MARJO~iE H. STu'bENT
ASSISTANT COUNTY ATTORNEY
PUD-96-9 ORDINANCE/17819
Thls ordinance flied with the
Secretary of State's Office the
/,VX~-day of C_J~c'. / ~ ~
and acknowlcd_cement of that
/~
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BRIGHTON GARDENS
PLANNED UNIT DEVELOPMENT
Prepared for:
Marriott International, Inc.
Prepared by:
Hole, Montes & Associates, Inc.
715 Tenth Street South
Naples, FL 33940
Goodlette, Coleman & Johnson
4001 Tamiami Trail North, Ste. 300
Naples, FL 33940
HMA File No. 96.31
October, 1996
Date Filed:
Date Review by CCPC:
Date Approved by BCC: 10/8/96
Ordinance No: 96-60
W:~i996X96031XRLDXPUD.WPD
TABLE OFCONTENTS
Page
SECTION I - Statem~:nt of Compliance ......................................... ! - 1
SECTION H - Prolzrty Ownership, Legal Description and Short Title .................2 - 1
SECTION HI - Statement of Intent and Project Description ..........................3 - 1
SECTION IV - General Development Regulations ................................. 4 - 1
SECTION V - Permitted Uses &Dimensional Standards '~'
for Residential Development ....................................... 5 - 1
SECTION VI - Transportation Requirements ..................................... 6 - 1
SECTION VII - Utility and Enginering Requirements ............................. 7 - 1
SECTION VIII - Water Management Requirements ................................ 8 - 1
SECTION IX - Environmental Requirements ..................................... 9 - I
EXHIBITS
A. PUD Master Plan
B. Architectural Rendering
SECTION I
STATEMENT OF COMPLIANCE
The development of 5.146 acres of property in Section 2, Township 49 South, Rangc 25 East, as a
Planned Unit Development to be known as the BRIGHTON GARDENS PUD will be in compliance
with the planning goals and objectives of the Collier County Growth Management Plan for the
following reasons:
l.I The project intensity is regulated by Section 2.6.26.30) of the Collier County Land
Development Code (LDC), which permits a maximum intensity of twenty-six group housing
units per acre. The proposed 117 unit 033 bed) Assisted Living Facility, pwposed to be
developed at a density 22.8 units per acre, therefore, is consistent with the Collier County
Land Development Code CLDC).
1.2 Policy 5.8 of the Collier County's Future Land Use Element of Collier County Growth
Management Plan notes that Group Housing which may include the following: Family Care
Facility, Group Care Facility, Care Units, Adult Congregate Living Facility and Nursing
Homes, shall be permitted within the Urban Designated Area subject to the definitions and
regulations as outlined in the Collier County Land Development Code (ordinance 91-102,
adopted October 30, 1991) and consistent with the locational requirements in Florida Statutes
(Chapter 419.001 F.S.).
1.3Improvements are pined to be in compliance with applicable land development regulations
as set forth in Objective 3 of the Future Land Use Element.
i.4 The project will be served by a full range of services, including sewer and water by the
County resulting in an efficient and economical expansion of facilities as required in Policies
3. l H and 3. l L of the Future Land Use Element.
1.5 The project contains !and uses and densities which make it compatible with and
complementary to adjacent existing and future land uses, as required by Policy 5.4 of the
Future Land Use Element.
1.6 All final local Development Orders for this pwject are subject to the Collier County
Concurrency Management System as implemented by the Adequate Public Facilities
Ordinance.
l-i
SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE
2. ! PROPERTY OWNERSHIP
The property is currcn~y owned by SAPHI Company, Ltd. under contract by Marriott
Senior Living Services, Inc., a Delaware Corporation.
2.2 LEGAL DESCRIPTION
Soulh ~ oftto Soulhcast % of tte Northeast % of the Northeast % of Section 2, Township
49 Soutt, Range 25 East, lying and being in Collier County, Florida, less and excepting th~
east 100 fe~t ttereof pr~viously d-',eded to tte State of Florida.
2.3 SHORT TITLE
This ordinanc~ shall be known and cited as tte "BRIGHTON GARDENS PLANNED
UNIT DEVELOPMENT".
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SECrION III
STATEMENT OF INTENT AND PROJECT DESCRIPTION
3.1 INTRODUCTION
The developer's intent is to establish a PIned Unit Development meeting the applicable
standards of the Collier County Land D~velopment Code. It is the purpose of this document
to set forth guidelines for future development of the project that meet accepted planning
principles and practices, and to implement the Collier County Growth Management Plan.
3.2 PRO.IECT DESCR/FrION
The project is comprised of 5.146 acres and is located on the west side of Airport Road,
approximately one and one half miles south of lmmokalee Road in Section 2, Township 49
South, Range 25 East. This facility consists of a 93 bed Assisted Living Facility located
on three floors. A 40 bed Skilled Nursing Care Facility is also contained within the project
and offers comprehensive Skilled Nursing Care around the clock for project residents only.
A maximum of I 17 units or 133 beds will be contained in the Adult Congregate Living
Facility.
3.3 LAND USE PLAN
The PUD master plan contains appwximately 5.146 acres planned for an Adult Congregate
Living Facility, which includes internal roadways, amenity areas, open space, landscape
buffers and other similar uses found in residential areas.
Open space within the development shall meet, or exceed, 30 percent of the total acreage
as required by the Collier County Land Development Code. Recreational facilities shall be
identified on the Preliminary Site Development Plan, if applicable.
3.4 PROJECT PHASING
The anticipated time for build-out of the entire pwjeet is three (3) years or by December 31,
1999.
SECTION IV
:
GENERAL DEVELOPMENT REGULATIONS
4.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, and the respective land nses.
4.2 GENERAL
A. Regulations for development of the BRIGHTON GARDENS PUD shall be in
accordance with the contents of this doeument~ PUD-Planned Unit Development
District and other applicable sections and parts of the Collier County Land
Development Code and the Growth Management Plan in effect at the time of
issuance of any development order to which said regulations relate which authorizes
the construction of improv,.,ments, such as but not limited to Final Site Development
Plan, Excavation Permit and Preliminary Work Authorization. Where these
regulations fail to provide developmental standards, then the provisions of the most
similar district in the County Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect at the time
of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions for
the development of the BRIGHTON GARDENS PUD shall become part of the
regulations which govern the manner in which the PUD site may be developed.
D. Unless modified, waived or excepted by this PUD, other provisions of the LDC,
where applicable, remain in full force and effect with respect to the development of
the land which comprises this PUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Div. 3.15 of the Collier County Land
Development Code at the earliest or next to occur of either final SDP appwval, or
building permit issuance applicable to this development.
4.3 SITE CLEARIN(3 AND DRAINAGE
Clearing, grading and earthwork shall be in accordance with Section 3.2.8.3.6 of the LDC,
and site drainage work shall be in accordanc~ with Section 3.2.8.3.7 of the LDC.
4.4 EASEMEN'I~ FOR UTILITIES
Easemcnts, where P, quired, shall be provided for water management areas, utilities and
other purposes as may be required by Collier County and other permitting agencies. All
nece, ssaty easements, dedications or other instruments shall be granted to ensure continued
operation and maintenance of all services and utilities, in compliance with applicable
regulations in effect at the time approvals are requested.
4.5 AMEND~ TO THE MASTER PLAN
The Master Plan is designed to be flexible with regard to the placement of buildings, and
water management facilities, as long as the final design complies with all the applicable
portions of the PUD ordinanc~ and the building heights and setbacks m'~ the same or similar
as depicted on the PUD Master Plan for the proposed structure. The Planning Services
DirecWr shall be authorized to approve minor changes and refinements to the BRIGHTON
GARDENS PUD Master Plan upon written request of the Developer based on the
following, in addition to the standards provided in Article 2, Division 2.7, Section 2.7.3.5
of the Collier County Land Development Code.
1. To reconfigure lakes, ponds, or other water management facilities where such
changes are consistent with the criteria of the South Florida Water Management
District and Collier County and there is no further encroachment into preserve areas.
2. Internal realignment of rights-of-way other than relocation of accets points to
external streets.
3. Reconfigurafion ofthe development envelopes where there is no encroachment into
buffer areas and all pertinent setback requirements provided for in this ordinance are
met.
4.6 PROJECT PLAN APPROVAL REQUIREMENTS
Exhibit "A' of the PUD Master Plan, constitute$ the required PUD Development Plan.
Subsequent to PUD approval, a Preliminary Site Development Plan shall be submitted for
the entire area covered by the PUD Master Plan. The Site Development Plan shall be
submitted and reviewed in accordance with all provisions of Div. 3.3, Site Development
Plans ofthe Collier County Land Development Code, unless otherwise provided for within
this PUD, and prior to the issuance of a building permit or other development order.
4.7 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stockpiling in preparation of water management
facilities or to otherwise develop water bodies is hereby permitted. If, after consideration
of fill activities on those buildable portions of th~ project site am such that there is a surplus
of earthen mat~al, then its off-site disposal is also hereby permitted subject to the
following conditions:
Excavation activities shall comply with the definition of a "lX'velopment
Excavation" pursuant to Sec. 3.5.5.1.3, Land Development Code, whereby off-site
removal shall not exceed ten (10) percent of the total volume excavated up to a
maximum of 20,000 cubic yards.
B. A timetable to facilitate s,'dd removal shall be submitted to the Planning Services
Director for approval. Snid timetable shall include th¢ length of time it will take to
complete said removal, hours of operation and haul routes.
C. All provisions of See. 3.5, Land Development Code are applicable.
4.8 SUNSET AND MONITORING PROVISIONS
The BRIGHTON GARDENS PUD shall be subject to Sec. 2.7.3.4, Land Development
Code, time limits for approved PUD Master Plans nnd Sec. 2.7.3.6, Monitoring
Requirements.
4.9 POLLING PLACES
Any community recreation/public building/public room or similar common facility located
within the BRIGHTON GARDENS PUD may be used for a polling place, if determined
necessary by the Supervisor of Elections, in accordance with Sec. 2.6.30 of the Collier
County Land Development Code.
4.10 INTENSITY
A maximum of 133 Adult Congregate Living Facility Units are permiRed along with
incidental accessory uses.
4.11 LANDSCAPING REQUIKE~
All landscaping requiranents, buffets, walls, betms, etc. shall be developed in conformance
with requirements of Division 2.4 of the Collier County Land Developm~it Code pertaining
to landscaping nnd buffering, except the rear yard landscape buffer shall be a Type C buffer,
20 feet wide nhd comprised ofcanopy trees 14-16 feet in height with double staggered rows
on 30 foot centers, combined with a 6 foot hedge. This buffer shall achieve no less than
i 00 percent opacity from the property line for a vertical distance of 6 feet within one year
of the issuance of a building permit Furthermore, said buffer shall achieve an 80 percent
reduction of the view of the building horizon from the view of occupants located in adjacent
single family homes as measured from the rear wall of residential structures lying to the
west of the project site.
In addition, a sidewalk is permitted to be provided through the front yard buffer area
provided that additional buffer area is provided equal to or greater than the sidewalk area and
trees within this buffer area are placed on twenty (20 foot) centers in the front yard buffer
area.
4.12 SIGNS
All signage ofthe BRIGHTON GARDENS PUD shall be the same as permitted by Section
2.5 of the Collier County Land Development Code
4.13 NATIVE VEGETATION RETENTION REQUIREMENTS
The site is presently void of viably functioning native habitat, therefore, no native vegetation
is proposed to be retained on site.
4.14 COMMON AREA MAINTENANCE
Common area maintenance, including the maintenance of common facilities, open spaces,
preservation areas, and the water management facilities shall be the responsibility of the
owner.
4.15 USE OF RIGHT-OF-WAY
The developer, at the time of Final Site Plan submittal, has the option of designating the
internal road fights-of-way for either private or public use.
4.16 ARCHITECTURAL STANDARDS (RENDERING)
Attached is an 8xl I architectural rendition, known as Exhibit No. B, depicting the proposed
development regime for the project. Any proposed development orders issued for the subject
property shall be substantially in compliance with Exhibit No. B.
SECTION V
PERMITTED USES AND DIMENSIONAL STANDARDS
FOR ADULT CONGREGATE LIVING FACILITY USES
5.1 PURPOSE
The purpose of this Section is to identify pcnnitted uses and development standards for areas
within the BRIGHTON GARDENS PUD designated on Exhibit "A", PUD Master Phm for
residential use.
5.2 MAXIMUM UNITS
A maximum of 117 units or 133 beds will be contained in the Adult Congregate Living
Facility.
5.3 GENERAL DESCRIPTION - '~'
The land use acreage tabulations for the Adult Congregate Living Facility including open
space areas are depicted on the PUD Master Plan. This acreage is based on conceptual
designs and is subject to further refinement. Actual acreages of developmental and open
space areas will be provided at the time of Site Development Plan approval, in accordance
with Article 3, Division 3.3 of the Collier County Land Development Code.
5.4 PERMITFED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or !and used, in
whole or part, for other than the following:
1. Principal Uses:
(a) An Adult Congrcgatc Living Facility as dcfined in Division 6.3 ofthc Collier
County Land Development Code and stated as follows:
,4dult congregate living facility (ACLF): Any building(s), section of a
building, distinct part of a building, residence, private home, boarding home,
or othcr place, whcther operated for profit or not, which undertakes through
its ownership or management to provide for a period exceeding 24 hours,
housing, food service, and one or more personal services for four or more
adults, not related to the owner or administrator by blood or marriage, who
require such services and to provide limited nursing services, when
specifically licensed to do so pursuant to F.S. {}400.407. The facility shall bc
licensed and approvcd as such by Florida dcpartment of health and
rchabilitativc scrvices. A facility offering personal services or limited
nursing services for fewer than four adults is within the meaning of this
definition if it formally or informally advcrtiscs to or solicits the public for
5-1
residents or referrals and holds itselfout to the public to be an establishment
.which regularly provides such sentices.
2. Accessory Uses and Structures:
(a) Accessory uses and structures customarily associated with principal uses
associated with Adult Congregate Living Facilities including a medical care
facility, retail dispensary and similar support facilities for project residents
only.
5.5 DEVELOPMENT STANDARDS
1. Table I sets forth the Development Standards for the Adult Congregate Living
Facility. In cases where the PUD Master Plan, Exhibit I proposes more restrictive
standards with regards to height and setback, it shall prevail.
BRIGHTON GARDENS PUD
DEVELOPMENT STANDARDS
Table I
Front Yard Setback 50
,,
Side Yard Setback 30
Rear Yard Setback 50
Maximum Building Height 3 habitable sto~e,4s}
· ~ ~,
Distance Be.t~,..een Principa! Structures .5 .sBHc~}
Three story portions of the structure to be setback a minimum of 100 feet from the
rear pwperty line. One story portions of the structure to be setback a minimum of
50 feet from rear property line.
Sum of building heights.
2. Standards for parking, landscaping, signs and other pertinent development
standards where not specified herein, are to be in accordance with the Collier
County Land Development Code in effect at the time of Site Development Plan
approval.
5-2
SECTION VI
TRANSPORTATION REQUIREMENTS
The purport of this Section is to Ht forth the trmuportadon commitments of the Project Developer,
6.1 The developer shall provide a sidewalk along one side of the street, internal to the project,
for the exclusive use of project residents which shall be constructed at the same time as
other site related improvements.
6.2 The developer shall provide arterial level street lighting nt the project entrance point. Said
improvement shall be in place prior to the issuance ofnny Certificates of Occupancy.
6.3 To facilitate both ingress and egress for the project, the developer shall be responsible for
providing a southbound right-turn at the project entrance. This construction shall be
considered site-related and shal! not be eligible for road impact fee credits, and shall be in
place before Certificates of Occupancy are issued.
6-1
SECTION VII
UTILITY AND ENOINEERINO REQUIREMENTS
The purpose of this Section is to s~t forth the utilities and enginering commitment of the l~'oject
Developer.
7.1 UTILITIES
A. Sewer and water service shall be provided by Collier County. All pextinent
requirements pertaining to the extension and construction of utilitie~ shall be met.
7.2 ENGINEERING
A. Detailed paving, grading, site drainage and utility plans shall be submitted to the
Planning Services Director for review. No construction permits shall be is.,,'ued
unless and until approvM of the proposed construction in accordance with the
submitted plans is granted by the Planning Services Director.
B. Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the Collier County Land Development Code.
C. The developer and all subsequent petitioners are hereby placed on notice that they
shall be required to satisfy the requirements of all County development ordinan.ees
or codes in effect prior to or concurrent with any subsequent development order
relating to this site, including Site Development Plans and any other application
that will result in the issuance of a final or local development order.
7-1
SECTION VIII
WATER MANAGEMENT REQUIREMENTS
The purpose of this Beetion is to set forth the water management commitments of the Project
Developer.
8.1 Detailed paving, grading and site drainage plans shall b~ submitted to the Development
Services Director for review. No construction permits shall be issued unless and until
approval of the proposed construction in accordance with the submitted plans is granted
by Planning Services Director.
8.2 Design n.,~d construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County Land Development Code.
8.3 Landscaping shall not be placed within the water management areas unless specifically
approvod by Planning Services Director.
8.4 An excavation permit shall be required for the proposed lake (in accordance with Div. 3.5
of the Land Development Code and South Florida Water Management District roles).
SECTION IX
ENVIRONMENTAL REQUIREMENTS
The purpose of this section is to set forth the environmental requirements of the project developer.
9.1 The project shall meet all pertinent requirements of the Collier County Omwth
Management Plan, including the Coastal Zone and Conservation Management Element,
in effect at the time that requests arc made for Site Development Plan approval.
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DM~i;2ALD LAK:E~ D~IV~ ~" ~'
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 copy of:
ORDINANCE NO. 96 - 60
Which was adopted by the Board of County Commissioners on the 8th day
of October, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 9th day of October,
1996.
DWIGHT E. BROCK ,,.~,~"""",];,, ".:
Clerk of Courts and C. ie~k~ ~ i. .'..... ~",,'
Ex-officio to Board~q~
County Commissione's.-:
Deputy Clerk
',. , ...~........' ~,~',~.
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