Ordinance 2012-37ORDINANCE NO. 12- 37
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORI#
AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDW,
THE COLLIER COUNTY LAND DEVELOPMENT COM,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING-.
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING T -1
APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING]
THE ZONING CLASSIFICATION OF THE HEREIN DESCRIS.E'6
REAL PROPERTY FROM AN AGRICULTURAL (A) ZONIi U
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.
ry
n
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 -PL201 1 -406
Rev. 08/06/12
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 asp day of e k-vi6t*-, 2012.
ATTEST-
DWIGHT
E BI�d' ,CLERK
B3VA-
wt? Clerk
Approved as to form
and legal sufficiency:
4 eidi Ashton -Cicko
Managing Assistant County Attorney
Brynwood Center CPUD/ Page 2of 3
PUDZ- PL2011 -406
Rev. 08/06/12
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: w C .z'
FRED W. COYLE, ChairnU
This ordinance filers with the
Se tary of State' Cffice the
t� day of _ >_QC��, v�QiA��
and acknowledgement of that
filing rec Wed �Q(1� day
of , -
Deputy clerk
Attachments: Exhibit A — List of Permitted Uses
Exhibit B —Development Standards
Exhibit C -IA — 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
CPA I-CPS-01 11 1 \87
Brynwood Center CPUD/ Page 3of 3
PUDZ- PL2011 -406
Rev. 08/06/12
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)'
3.
Architectural Services
(8712)
4.
Automobile and Home Supply Stores
(5531)'
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)'
12.
Beauty Shops
(7231)'
13.
Book Stores
(5942)'
14.
Business Consulting Services - not elsewhere classified
(8748)
15.
Camera Stores
(5946)'
16.
Carpet and Upholstery Cleaning
(7217)'
17.
Candy, Nut and Confectionery Stores
(5441)'
18.
Children's and Infants' Wear Stores
(5641)'
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)'
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)'
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)'
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33.
Drug Stores and Propriety Stores
(5912)'
34.
Eating Places
(5812)3
35.
Engineering Services
(8711)
36.
Facilities Support Management Services
(8744)
37.
Family Clothing Stores
(5651)'
38.
Floor Covering Stores
(5713)'
39.
Florists
(5992)'
40.
Fruit and Vegetable Markets
(5431)'
41.
Funeral Service only (excluding Crematories)
(7261)'
42.
Furniture Stores
(5712)'
43.
Garment Pressing and Agents for Laundries and Drycleaners
(7212)'
44.
Gasoline Stations
(5541)'
45.
General Medical and Surgical Hospitals
(8062)
46.
General Merchandise Stores (groups)
(5311)'
47.
Grocery Stores
(5411)'
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)'
52.
Home health care services
(8082)
53.
Hotels and Motels
(7011)
54.
Household Appliance Stores
(5722)'
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)'
64.
Miscellaneous Food Stores
(5499)'
65.
Miscellaneous General Merchandise Stores
(5399)'
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)'
69.
Musical Instrument Stores
(5736)'
70.
Noncommercial Research Organizations
(8733)
71.
Nursing and Personal Care Facilities - not elsewhere classified
(8059)
72.
Optical Goods Stores
(5995)'
73.
Optometrists - Offices & Clinics
(8042)
74.
Paint, Glass & Wallpaper Stores
(5231)'
75.
Photographic Studios, Portrait
(7221)
76.
Physical Fitness Facilities
(7991)
77.
Podiatrists - Offices & Clinics
(8043)
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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)'
prohibited)
82.
Retail Bakeries
(5461)'
83.
Retail Nurseries, Lawn & Garden Supply Stores
(5261)'
84.
Shoe Repair Shops and Shoeshine Parlors
(7251)'
85.
Shoe Stores
(5661)'
86.
Specialty Hospitals, except psychiatric
(8069)
87.
Specialty Outpatient Facilities — not elsewhere classified
(8069)
88.
Sporting Goods Stores and Bicycle Shops
(5941)'
89.
Surveying Services
(8713)
90.
Tax Return Preparation Services
(7291)
91.
Testing Laboratories
(8734)
92.
Travel Agencies
(4724)
93.
Used Furniture Stores
(5932)'
94.
Variety Stores
(5331)'
95.
Veterinary Services for Animal Specialties with no outdoor kenneling
(0742)'
96.
Video Tape Rental, (adult video rental or sales prohibited)
(7841)'
97.
Women's Accessory and Specialty Stores
(5632)'
98.
Women's Clothing Stores
(5621)'
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 3 of 16
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C. Assisted living units.
D. Retirement community.
E. See also Section 5.05.04.1), 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.
1. 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
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EXHIBIT B
DEVELOPMENTSTANDARDS
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.
DEVELOPMENT STANDARDS FOR CPUD DISTRICT
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.
Page 5of16
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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)
120 ft. three stories)
25 ft.
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.'
20 ft.'
Preserves
25 ft.
10 ft.
MIN. DISTANCE BETWEEN BUILDINGS
%: the sum of zoned building
heights
10 ft.
MAXIMUM HEIGHT
Either with or without parking in these structures
ZONED
I ACTUAL
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. 135
ft.
MINIMUM FLOOR AREA
1,000 sq. ft.
/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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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.
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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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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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DEVELOPMENT USE :
TOTAL COMBINED ALLOWABLE GROSS FLOOR AREA IS 145,000 S.F.
COMMERCIAL AREA
INTENSITY : A MAXIMUM OF 145.000 S.F. OF GROSS FLOOR AREA WHICH INCLUDES UP TO
25,000 S.F. OF RETAIL: 60,000 S.F. OR MORE OF GENERAL OFFICE; AND NO MORE THAN 60.000
S,F, OF MEDICAL OFFICE.
CONVERSION : THE MAXIMUM ALLOWABLE GROSS FLOOR AREA OF 145,000 S.F. SHALL BE REDUCED
BY 12,083 S.F. FOR EACH ACRE OF HOTEL /MOTEL OR GROUP HOUSING OR FRACTION THEREOF.
GROUP HOUSING/ RETIREMENT COMMUNITY USES
WITH CONVERSION NOTED ABOVE, A MAXIMUM 0.60 FLOOR AREA RATIO (F.A.R.).
HOTEL,/MOTEL
WITH CONVERSION NOTED ABOVE, A MAXIMUM OF 20 UNITS PER ACRE.
NOTE ACREAGE OF PRESERVE AREAS IN EXCESS OF 1.65 ACRES AND LAKE AREA SHALL BE
INCLUDED IN THE CALCULATION OF DENSITIES AND F.A.R.'s (THE FIRST 1.65 ACRES OF PRESERVE
SHALL NOT BE COUNTED BECAUSE IT IS REQUIRED TO REDUCE THE PROJECT AREA TO 12 ACRES
TO MEET THE INFILL CRITERIA).
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 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).
xk&li�4 m
REQUIRED: 13.65 Ac.f x 30% = 4.10 Ac.t
eMLL1NNL sTaA« PROVIDED:
.ROe'e.�c9m ci°uNE PRESE" TRACT PRESERVE = 3.10 Ac.t
STRUCTURAL LAKE = 0.90 Ac.t
BUFFER REMAINING OPEN SPACE = 0.10 Ac.t
WIDTH = 4.10 Ac.t MIN.
SLOPE PLANTED PATH
FENCE � VARIES NATIVE VEGETATION VEGETATION PRESERVATION :
' I
-TOE OF FILL SLOPE REQUIRED: 7.16 Ac.t NATIVE HABITAT x 15% = 1.07 Ac.f
PRESERVE
TR ACT LINE PROVIDED: 3.10 Ac.t
TRACT
STRUCTURAL BUFFER SECTION NOTES :
t. LOCATIONS OF UTILITIES AND STORMWATER FACILITIES ARE APPROXIMATE.
N.T.S. EXACT LOCATIONS TO BE DETERMINED IN FINAL DESIGN.
2. ROADWAY AREAS SHALL BE MAINTAINED BY OWNER AND BE DEDICATED AS A PUBLIC
RIGHT -OF -WAY (SEPARATE TRACT) OR AN EASEMENT BENEFITING ABUTTING PROPERTIES.
3. BUILDINGS AND ROADWAY LOCATIONS SHOWN ARE APPROXIMATE AND FOR ILLUSTRATION AND
ARE SUBJECT TO CHANGE IN FINAL DESIGN AND PERMITTING AS PROVIDED FOR IN THE L.D.C.
_
`��mC°M°O 9y'0O 950EncaeYYT EXHIBIT C -18 =-C-11716-le
BRYNWOOD CENTER „o,EMOE,�s C.P.U_D.
N,.Tm CONCEPTUAL MASTER PLAN 2006053 lea z
STRUCTURAL BUFFER SECTION NOTES :
t. LOCATIONS OF UTILITIES AND STORMWATER FACILITIES ARE APPROXIMATE.
N.T.S. EXACT LOCATIONS TO BE DETERMINED IN FINAL DESIGN.
2. ROADWAY AREAS SHALL BE MAINTAINED BY OWNER AND BE DEDICATED AS A PUBLIC
RIGHT -OF -WAY (SEPARATE TRACT) OR AN EASEMENT BENEFITING ABUTTING PROPERTIES.
3. BUILDINGS AND ROADWAY LOCATIONS SHOWN ARE APPROXIMATE AND FOR ILLUSTRATION AND
ARE SUBJECT TO CHANGE IN FINAL DESIGN AND PERMITTING AS PROVIDED FOR IN THE L.D.C.
_
`��mC°M°O 9y'0O 950EncaeYYT EXHIBIT C -18 =-C-11716-le
BRYNWOOD CENTER „o,EMOE,�s C.P.U_D.
N,.Tm CONCEPTUAL MASTER PLAN 2006053 lea z
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- --- —160'± TOTAL DISTANCE -
12V FOR 3 STORY BUILDING _
( 90' FOR 2 STORY BUILDING)
DRIVEWAY, PARKING, ---- ,�15'— 35 PRESERVE AND
SIDEWALK AND CURB �NHANCEDi LANDSCAPE BUFFER
TYPE 'B' SOUTH
(BUFFER I PROPERTY
I & I LINE
BRYNWOOD CENTER 16' HIGH i
- -- - - - - -- WALL
_ C.P.U.D, y !.
PROPOSED
BUILDING -
14'- 18'±
TREE HEIGHTS
--------- - - -la? 11 1 6' HIGH WALL I
ENHANCED TYPE '8' LANDSCAPE BUFFER NOTE:
EXISTING TREES
UP TO 50' HIGH
40'± EXISTING PRESERVE/
WOODED AREA
ENHANCED BUFFER AND EXISTING & PROPOSED PRESERVE
SCALE: 1"- 9
• 15' FOOT WIDE, LANDSCAPE BUFFER, WHICH SHALL
INCLUDE A 6' HIGH WALL, HEDGE AND 14' -18' HIGH TREES
SPACED NO MORE THAN 20 FEET ON CENTER.
• HEDGE SHALL BE PLANTED VIATH A MINIMUM OF 10
GALLON PLANTS, FIVE FEET IN HEIGHT & THREE FEET IN
SPREAD AND SPACED A MAXIMUM OF 4 FEET ON CENTER
• TREES SHALL BE STAGGERED IN HEIGHTS AND STAGGERED
CENTERS WITHIN THE BUFFER AREA
• 80 PERCENT OPAQUE WITHIN ONE YEAR
• THE SOUTH SIDE OF THE 6' HIGH WALL SHALL BE PAINTED
BROWN.
NORTH
NOOD PRESERVE
SUBDIVISION
LANDSCAPE BUFFER DATA:
TYPE 'B' BUFFER
REQUIRED: TREES at 25' CENTERS ( 10' HIGH)
PROVIDED: TREES at 20' CENTERS ( 14' - 18' HIGH)
TYPE 'B' TREES:
BLACK OLIVE, LIVE OAK, MAHOGANY AND CABBAGE PALM
EXHIBIT C -2
M.Mw.rL t+no 4616 -02
A.m�P�m•�+ 3480 PM RIDE ROAD Pe :PM25i 20M ENHANCED TYPE 'B' LANDSCAPE
HOLE MONTES Fy CM a +s• d +m r
�"�r+�
Aft e..%. BUFFER AND PRESERVE 2006065 2 or 2
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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EXHIBIT E
LIST OF REQUESTED DEVIATIONS
BRYNWOOD CENTER CPUD
Deviation No. 1 seeks relief from LDC Section 5.05.04.13.1 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 5.03.02.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 -IA).
Deviation No. 5B seeks relief from LDC Section 5.06.04.F. Lb 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 -IA).
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 -IA).
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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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
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 -lA, 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 -IA 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-
lA 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 B a)r ,''o
County Commis ,8z•o��•
By: Teresa Cann' Pa'r
Deputy Clerk'