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CCPC Agenda 02/21/2013 R CCPC MEETING AGENDA FEBRUARY 21 , 2013 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, FEBRUARY 21, 2013, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM,ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER,THIRD FLOOR, 3299 TAMIAMI TRAIL EAST,NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES—January 17, 2013 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. PUDA-PL20120001225: Royal Palm Academy PUD an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 03-54, as amended, the Royal Palm International Academy Planned Unit Development(PUD); by reducing the size of the school campus from 50 to 11 acres; by moving the permanent campus to the east side of Livingston Road; by reducing the student population from 1,250 to 500 students; by reducing the campus building height to 50 feet; by amending the Master Plan; by deleting the Surface Water Management Plan; by adding deviations and revising and deleting developer commitments. The property is located on Livingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida consisting of 163± acres; and by providing an effective date. [Coordinator: Michael Sawyer, Project Manager] 1 9. ADVERTISED PUBLIC HEARINGS A. PUDA-PL20120001104: An Ordinance amending Ordinance Number 2009-15, The Heavenly PUD, to revise the accessory uses to increase the maximum grade level for a school from third grade to eighth grade; and to replace all references to third grade with eighth grade in the developer commitments for property located in Section 3, Township 49 South, Range 25 East, Collier County, Florida consisting of 15.93±acres; and by providing an effective date. [Coordinator: Fred Reischl, AICP, Senior Planner] B. PUDA-PL20120002136: Brooks Village CPUD-- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 06-42, the Brooks Village Commercial Planned Unit Development (PUD), by adding a right-in only access point on Pine Ridge Road; by changing the hours of operation of the outparcels fronting on Pine Ridge Road to 24 hours; by changing the access on 11th Avenue SW from ingress only to ingress and egress; by amending the Master Plan; and by revising and deleting developer commitments. The property is located on the southwest quadrant of the intersection of Collier Boulevard (CR 951)and Pine Ridge Road (CR 896), in Section 15, Township 49 South, Range 26 East, Collier County Florida consisting of 22.7 acres; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows/jmp 2 AGENDA ITEM 9-A Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING&ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING DATE: FEBRUARY 21, 2013 SUBJECT: PUDA-PL20120001104: THE HEAVENLY CFPUD PROPERTY OWNER& APPLICANT/AGENT: Owner/Applicant: Agent: The Covenant Presbyterian Church of Naples,Inc. Richard Yovanovich,Esq. 6926 Tamiami Trail North Coleman, Yovanovich&Koester,PA Naples, FL 34109 4001 Tamiami Trail North, Suite 300 Naples,FL 34103 REQUESTED ACTION: The Heavenly Community Facility Planned Unit Development (CFPUD) currently permits the use of a school, limited to first grade through third grade among other uses. The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to permit a school, limited to first through eighth grade. The maximum number of students is not proposed to change. GEOGRAPHIC LOCATION: The subject property is 15.93± acres in size and is located at 6992 Trail Boulevard in the Pine Ridge subdivision. PURPOSE AND DESCRIPTION OF PROJECT: The petitioner is requesting an amendment to The Heavenly CFPUD to permit a wider range of grade-levels without increasing the maximum student body. The CFPUD permits child day care, adult day care, pre-kindergarten, kindergarten, and a school limited to first through third grade. The proposed amendment would change the school use limitation to first through eighth grade. All of these uses (child day care, adult day care, pre- The Heavenly CFPUD, PUDA-PL20120001104 Page 1 of 9 February 21,2013 CCPC 0.11.49 AP '111111r..41110 111111411rvr .111,4111=11r -1— I. 1111117.1,11.' 4 ..., -!w f r = — /13 t O °��. . 25 i r F t. ill • alit A 1A 111i�r- n 4e s MIN c I®? IT • I 1111111 II 1 M ;NM '�3 3 a is 11 i i if 1131,ill, r • { ` ar' 3 11 1 �. { l P am tlI1I i f. . k! i�l� "3 d!`3if 14 Z - 11 331 Wit WWI/ 3 ° to .,.. _ . . .\-...711.1,_ rm,-.-1,, .2 .. sail ri 1mi . 7,1131 , 0. * ,00•01 a _ ar A .. Mgt. ! '!! iIiiI 1. © 5 N J O. arras otm 0 D 4t I a... I%are d real-,i—Y,.i V. Ind 4 n e ; ! x " ; S R W _i _ W f PI i T.91---;----Y of i__,-,k.-, u -0 ..,:lip .a�1 I,.,... _ ,_, r, ! , . l II 41 1 hl e 1 ili " Er --i.- ftx!lc-to 1., ' -_ iii g d f / --,-,„.. ,T,41 , Laiiiiirra a x + � I- F S II/ ' y : !J eeg rZ.S -I • : 6g x _ -al 0}a 40 ,.. _____...... 1 0 MJ dr yaarctia --- The Heavenly CFPUD, PUDA-PL20120001104 Page 2 of 9 February 21, 2013 CCPC kindergarten, kindergarten, and school) are limited to a combined maximum of 220 individuals, which is not proposed to change. SURROUNDING LAND USE AND ZONING: North: Ridge Drive ROW, across which are single-family homes, zoned RSF-1. East: West Street ROW, across which are single-family homes zoned RSF-1. South: Myrtle Road ROW across which are single-family homes zoned RSF-1. West: Trail Boulevard and Tamiami Trail North ROW, across which are single-family homes zoned PUD (Pelican Bay PUD). . '• I ,�` . t. a PfrCiiAPiREIN 7 a _. r % Ali e irs_ � .2 3 r _r,. mac. I' g}@- F , tl N1!O.VtV40?LNG ,� z w ++ t 'k +�� r V lr ` Ili k 1' ! � � k:',3:1 0 e -sr of vNES].W II ' a f a+ _t a 1 :11,2v i, ', 1 # ,.. * ..t — i 1 per. r, i F . �s. Ai � I ;1 _1, i ,�i� W+r11GiL,' ,R TANBARK DR . ' I _____ -1 �r j - 1,• NO i 74 It 4 '` Aerial Photo(Collier County Property Appraiser) The Heavenly CFPUD, PUDA-PL20120001104 Page 3 of 9 February 21,2013 CCPC GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element: Comprehensive Planning Staff determined that a Future Land Use Element review was not applicable to this amendment. Transportation Element: Transportation Planning Staff determined that a Transportation Element review was not applicable to this amendment. Conservation and Coastal Management Element (CCME): Environmental Review Staff determined that a CCME review was not applicable to this amendment. GMP Conclusion: The Heavenly CFPUD was determined to be consistent with the GMP at the time of the original rezone. It is Staffs opinion that the proposed amendment will not affect that consistency determination, therefore, Staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Deviation Discussion: No additional deviations are proposed. FINDINGS OF FACT: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed PUD Amendment and believes that the wider spectrum of grade-levels without increasing the student cap, will not have an adverse effect of surrounding properties and infrastructure. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Unified control was established at the time of rezoning and continues through the present time. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). kr Staff has reviewed this petition and has determined that this amendment does not affect the The Heavenly CFPUD, PUDA-PL20120001104 Page 4 of 9 February 21,2013 CCPC CFPUD's consistency with the GMP,therefore, Staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The only proposed change is the increase in grade-levels and Staff believes that the approval of this amendment will continue to be compatible with the surrounding area, subject to the existing development standards and project commitments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Usable open space is not affected by the proposed amendment. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Since the maximum number of students is not proposed to be changed, the amendment will not affect public or private facilities beyond what was approved in the existing CFPUD. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Since the maximum number of students is not proposed to be changed,the amendment will not affect the ability of the site and the surrounding area to accommodate expansion beyond that which has been approved. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed amendment is consistent with PUD regulations, with the existing deviations, and seeks to meet a desired purpose of serving expanded grade-levels. Rezone Findings: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning of land, the report and recommendations from the Planning Commission to the Board of County Commissioners...shall show that the Planning Commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, &policies of the Future Land Use Map and the elements of the Growth Management Plan. Staff determined that a Future Land Use Element review, Transportation Element review and CCME review were not applicable to this amendment; therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; The Heavenly CFPUD, PUDA-PL20120001104 Page 5 of 9 February 21,2013 CCPC The existing land use pattern was reviewed and approved at the time of the original rezone. "" o `' The proposed amendment will not substantially alter that pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; No new districts will be created through this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. This amendment will not affect existing district boundaries. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The petitioner believes that this amendment would increase the probability of success of a school on the site. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the existing CFPUD, with the commitments made by the applicant, can been deemed consistent the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes standards that are designed to address compatibility of the project. Since the maximum number of students is not increasing, development in compliance with the existing CFPUD and proposed amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed amendment involves grade-levels only. No change is proposed to the maximum number of students; therefore, the roadway infrastructure will continue to have adequate capacity to serve the proposed project. Staff believes the petition can be deemed consistent with all elements of the GMP. 8. Whether the proposed change will create a drainage problem; Since the CFPUD is existing, the proposed amendment to increase grade levels without increasing student population should not create drainage or surface water problems. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Since the CFPUD is existing, the proposed amendment to increase grade levels without increasing student population should not create light and air issues. Setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results,which may be internal or The Heavenly CFPUD, PUDA-PL20120001104 Page 6 of 9 February 21, 2013 CCPC external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Since The Heavenly CFPUD is existing,the proposed amendment should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the GMP which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing grade-levels; however, the petitioner believes that the probability of success of a school on the subject site will be improved by additional grade-levels. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property is already developed; the CFPUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The existing CFPUD currently permits a school. The proposed amendment is consistent with the GMP as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. This project will undergo evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services The Heavenly CFPUD, PUDA-PL20120001104 Page 7 of 9 February 21, 2013 CCPC p consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the PUD process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. ENVIRONMENTAL ADVISORY COUNCIL (EAC)RECOMMENDATION: The EAC was not required to hear this petition because no environmental issues were identified. NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM meeting was duly noticed by the applicant and held on October 29, 2012. The applicant was represented by Richard Yovanovich, Esquire. Fred Reischl, AICP, Collier County Senior Planner also attended. Nine people were also in attendance. Mr. Yovanovich explained that the increase in grade levels did not mean an increase in student population. Some neighbors had concerns about the traffic patterns on the local streets. Again, it was explained that the traffic volume would not increase, only the ages of the students. COUNTY ATTORNEY OFFICE REVIEW: This Staff Report was reviewed on February 14, 2013. RECOMMENDATION: The Heavenly CFPUD was approved by the BCC on March 24, 2009. The proposed CFPUD Amendment would increase the number of grade levels from first to third to first to eighth, while keeping the existing student cap at 220. Because the proposed CFPUD is consistent with the GMP and compatible with the surrounding land uses, Planning & Zoning Staff recommends that the CCPC forward Petition PUDA-PL20120001104 to the BCC with a recommendation of approval. The Heavenly CFPUD, PUDA-PL20120001104 Page 8 of 9 February 21, 2013 CCPC PREPARED BY: (/`? - 3-/c. 0/ 5 i PLANNER DATE FRE� SCHL, AICP, SENIOR NN PLANNING&ZONING DEPARTMENT REVIEWED BY: L:.. • . �� /- Z8- (3 RAYM41 D V. BELLOWS, ZONING MANAGER DATE PLANNING& ZONING DEPARTMENT /- 3 I "() MIKE BOSI, AICP, INTERIM DIRECTOR DATE PLANNING &ZONING DEPARTMENT APPROVED BY: ✓/ 2-� _Ii NICK CASALANGUIDA, A�I RA� DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the April 9,2013 Board of County Commissioners Meeting The Heavenly CFPUD, PUDA-PL20120001104 Page 9 of 9 February 21, 2013 CCPC ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NLTMBER 200945, THE HEAVENLY PUD, TO REVISE THE ACCESSORY USES TO INCREASE THE MAXIMUM GRADE LEVEL FOR A SCHOOL FROM THIRD GRADE TO EIGHTH GRADE; AND TO REPLACE ALL REFERENCES TO THIRD GRADE WITH EIGHTH GRADE IN THE DEVELOPER COMMITMENTS FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 15.93± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank, represented by Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P,A.,has petitioned the Board of County Commissioners to revise the Heavenly PLID. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO EXHIBIT "A", LIST OF PERMYFED USES OF ORDINANCE NO. 2009-15. Exhibit "A", the List of Permitted Uses of Ordinance No. 2009-15, is hereby amended and replaced with Exhibit"A" attached hereto. SECTION TWO: AMENDMENT TO EXHIBIT "F"; LIST OF DEVELOPER COMMITMENTS OF ORDINANCE NO 2009-15. Exhibit "F", the List of Developer Commitments of Ordinance No. 2009-15, is hereby amended and replaced with Exhibit"F" attached hereto. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. Heavenly PUDA PUDA-PL20120001104 Page I of 2 8/23/12 PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of •2012. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE,Chairman Approved as to form and legal sufficiency: \'‘) Heidi Ashton-Cieko Managing Assistant County Attorney Attachments: Exhibit A—List of Permitted Uses Exhibit F—List of Developer Commitments CP\12-CPS-0117011 "ft Heavenly PUDA PUDA-PL20120001104 Page 2 of 2 8/23/12 EXHIBIT A (TRACT A) PERMITTED USES: 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. Principal Uses: 1. A house of worship with a maximum seating capacity of 1,000 individuals See Exhibit F, Tract A, Commitment Number 6). B. Accessory Uses: 1. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Activity Center 3. Administrative Offices 4. Child/Adult Day Care / Pre-KlKindergarten 1 School, limited to 1.51 through 8th -3c4; with no more than a combined cumulative total of 220 students/individuals enrolled/attending for the entire CFPUD. The allocation to Tract A shall be 170, but may be increased by mutual agreement of the Tract A and B owners [if in different ownership] provided the total number of students/individuals for the entire CFPUD does not exceed 220. 5. Non-commercial accessory uses characterized by civic group meetings such as The Pine Ridge Civic Association, Scouting, community service organizations (e.g. the Naples' Parkinson's Association), safety fairs for the community and the like; and structures customarily associated with the permitted ptinciptil uses and structures; except that parking garages are prohibited. Business and trade activities, including but not limited to a"market", "community market", direct marketing outlet or "farmers' market", are not accessory uses associated with the permitted principal uses and structures. C. Temporary Uses: 1. Temporary building structures may be utilized to accommodate existing uses in the initial redevelopment construction transition period. Such uses shall not begin until after the property owner applies for a building permit for the first new permanent building and the maximum period of use of such temporary building(s) shall be for a period of 27 months, after the building permit is issued for the first new permanent building, Any such building(s) shall meet CFPUD setbacks requirements for new structures. Heavenly RUDTUDA-PL20120001104 1 of 2 Rev.8123/12 Words struck througll are deleted;words underlined are added. (TRACT 13) PERMITTED USES: 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. Principal Uses: l. House(s)of worship with a maximum seating capacity of 200 individuals. B. Accessory Uses: 1. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Activity Center 3. Administrative Offices 4. Child/Adult Day Care / Pre-K/Kindergarten / School, limited to 1st through 8th 3'1; with no more than a combined cumulative total of 220 students/individuals enrolled for the entire CFPUD. The allocation to Tract B shall be 50, but may be reallocated to Tract A by mutual agreement of the Tract A and B owners [if under different ownership] provided the total number of students/individuals for the entire CFPUD does not exceed 220. 5. Non-commercial accessory uses characterized by civic group meetings such as The Pine Ridge Civic Association, Scouting, community service organizations (e.g. the Naples' Parkinson's Association), safety fairs for the community and the like; and structures customarily associated with the permitted principal uses and structures; except that parking garages are prohibited. Business and trade activities, including but not limited to a"market", "community market", direct marketing outlet or "farmers' market", are not accessory uses associated with the permitted principal uses and structures. Heavenly PUD':PUDA-PL20120001104 2 of 2 Rev. 8/23/12 Words stmoli-411reugh are deleted;words underlined are added. EXHIBIT F LIST OF DEVELOPER COMMITMENTS (TRACT A) The initial redevelopment SDP for Tract A shall include: a. the replacement of the existing lake with a new lake(s) and associated dry water management areas; b. the redevelopment of landscape buffers abutting the lake(s) and associated dry water management areas; c. the re-grading of the right-of-way green space between the CFPUD boundary and edge of pavement of the four adjacent roadways to enhance storm water management for these roadway areas. 2. The minimum throat length as measured from the roadway edge of payment to the internal parking area shall be 50 feet for driveways from Myrtle Road, West Street and Ridge Drive; and, 75 feet for driveways from Trail Boulevard. 1. For services and other periods and events of significant traffic generation,as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider shall be as directed by Collier County staff,with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. 4, The Ridge Drive primary egress driveway will be restricted to a "no right turn" condition. The Myrtle Road egress driveway will be restricted and signed to a"no left turn"condition. The Myrtle Road access shall be closed at dusk. 5. A south bound turn lane on Ridge Drive, extending from the egress driveway to US 41, shall be constructed concurrently by the property owner with the initial redevelopment phase of development. 6. The seating capacity of the House of Worship shall be limited to 780 seats (980 for the entire CFPUD), and the total number of students/individuals enrolled in Child/Adult Day Care 1 Pre- K/Kindergarten/School, limited to 1SY through 8th;hi, within Tract A shall be limited to 60 persons unless the Tract B owner agrees to reallocate all or a portion of its allocation to Tract A (110 for the entire CFPUD), until US 41 turn lanes serving the site are extended to meet design standards; or a traffic study, based in part on actual traffic counts, is provided to and confirmed by the County, demonstrating that the existing turn lanes are adequate. The traffic counts for this traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading measures and will include traffic counts at Myrtle Road and West Street and Ridge Drive and West Street. Heavenly PUD\PUDA-PL20120001104 1 oft Rev.8/23/12 Words st k-tt}r t}are deleted:words underlined are added. One year after the seating capacity of 853 for the entire CFPUD and the 110 person Child/Adult Day Care/Pre-K./Kindergarten/School limited to l" through 8th for the entire CFPUD ("the base") is reached, a supplemental traffic study will be done to determine the trips originating or leaving the CFPUD through the neighborhood. The traffic counts for this supplemental traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading and will include traffic counts at Ridge Drive and West Street and Myrtle Road and West Street, Ridge Drive and Trail Boulevard and Myrtle Road and Trail Boulevard. This supplemental data will be utilized by the County to determine if additional improvements to minimize impact to the neighborhood are appropriate and should be required to address the existing uses and as.a condition of approval for the additional seating capacity of 347 and/or the additional 110 students/individuals. The additional traffic improvements may include traffic calming measures. The traffic counts required as part of the required PUD monitoring report shall be done during the first quarter of a calendar year for impacts exceeding those established as"the base"in the preceding paragraph. 7. The new buildings on Tract A shall be consistent with the conceptual architectural rendering Attached as Exhibit H. (TRACT 13). 1. For services and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider shall be as directed by Collier County staff,with staffing and at location(s)as directed by the Collier County Transportation administrator or his designee 2. A payment-in-lieu-of contribution shall be made by the property owner to the County for otherwise required sidewalks within abutting right-of-way to Tract B prior to issuance of the first Site Development Plan for a new permanent building on Tract B. 3. The new building on Tract B shall be architecturally compatible with the new buildings on Tract A. Heavenly PUD\PUDA-PL20120001104 2 of 2 Rev, 8/23/12 Words stfraeli-througli are deleted;words underlined are added,. AGENDA ITEM 9-B Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES--LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING&REGULATION HEARING DATE: FEBRUARY 21,2013 SUBJECT: PUDA-PL20120002136: BROOKS VILLAGE CPUD PROPERTY OWNER&APPLICANT/AGENT: Owner/Applicant: Agents: Sembler Family Partnership Patrick Vanasse, AICP R. Bruce Anderson, Esq. #41, LTD RWA, Inc. Roetzel &Andress 5858 Central Ave 6610 Willow Park Dr, Ste 200 Trianon Center, 3rd Floor St. Petersburg,FL 33707 Naples, FL 34109 850 Parkshore Drive Naples,FL 34103 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as the Brooks Village Commercial Planned Unit Development (CPUD). For details about the project proposal, refer to "Purpose/Description of Project." GEOGRAPHIC LOCATION: The subject property, consisting of 22.7± acres, is located on the southwest quadrant of the intersection of Collier Boulevard (CR 951) and Pine Ridge Road (CR 896), in Section 15, Township 49 South, Range 26 East, Collier County, Florida. (See location map and a copy of the proposed revision to the PUD Master Plan and Right-of-way Management Plan on the following pages.) PUDA-PL20120002136: BROOKS VILLAGE CPUD Page 1 of 13 February 21,2013 CCPC Revised: 2/11/13 " o f r O - 3 3 W N r W V W > D N O n m ...---. F W > N ~ Z i i 91 :'''-' ,-W Q 'aA18 N383M t- Q GO 0 O a vi 2 m i^n 2 an Opp rn o 0— r n w F 'n ltlNV3 ltlNtlO C-.lf (•S6 '21.0) 03VA3lf10B 83103 .rirrrfltirtItiku*-<'— -= CO i.4:Fti::::::::ass. :! o ' t 1 /?''it^ipt i i„CC.gip .....: U U _� �~ O { p. .. N _ O )(Lc') N u_co tM z m m ^ VWiM9t m r o:... 0 `° N m m — N ce N (1 E T W ( w id z m a = o a m w -1.- W g N w o m o a _ - a F co ^ ^ = w I- M m m p m m .1 m M m m N Li N e 2 g _z > O d a ,°n n ,� ( N J a TWOS 01/ON o a z 8,. o n> 6e F- o' 3 '.' W i e g 00 < i 5E 2 0 < $ Q ¢ O w e N 0-o i C $ g < � � 7 N i Fr a 5= n Z • Ili° aad3Nroe t3TgJ lS8tl0 ■ g I 2:i rpm III 0 a l'ari 7 F. . 11 P ..K.,' CIF in --,I 2 z 5 J o w o W a N ....—\ aadrevioe poi a V aadn�noe o 0 <„1 1 g 2 _ ownalnoe wdeade dirvds n `ns a w 'N n PURPOSE/DESCRIPTION OF PROJECT: The approved Brooks Village CPUD is a 22.74±acre existing shopping center anchored by a Publix grocery store. There are 3 remaining undeveloped out parcels fronting on Pine Ridge Road in the southwest quadrant of the intersection of Collier Boulevard (CR-951) and Pine Ridge Road (CR- 896). The CPUD zoning was approved in Ordinance No. 06-42 s on September 26, 2006 to allow for up to 105,000 square feet of intermediate commercial and retail uses with the caveat that no single use may exceed 60,000 square feet of gross leasable floor area. The proposed changes are summarized below(taken from the application material): • Add a right-in access from Pine Ridge Road; • Modify the existing Development Standard 3.3.I from the "ingress only" access limitation to a "single access point"on 11th Avenue; • Eliminate existing Developer Commitment 5.8.0 related to monetary County Affordable Housing Trust donation affecting the three(3)remaining undeveloped out-parcels; • Modify the existing Development Standard 3.3.H limiting hours of operation from the existing 6:00 am to midnight timeframe to allow 24 hour commercial activities on the three (3) remaining undeveloped out-parcels;deliveries would remain time-framed from 6:00 am to 10:00 pm; • Eliminate existing Developer Commitment 5.8.D related to tree plantings on both sides of 11th Avenue,previously installed then replanted elsewhere onsite at the County's request; • Recognize the 2.42 acre dedication toward County right-of-way without requiring further amendments to the boundary of the PUD in associated materials;and • Recognize lot splits that have occurred (in Master Plan) and Commitments that have been met(in PUD document). Because this PUD is already partially developed, the petitioner is only amending Ordinance Number 06-42. The petitioner is providing the proposed changes in a strike thru/underline format, showing the new information in underlined text and showing the text to be removed in a strike thru format. No new deviations are being sought as part of this amendment. SURROUNDING LAND USE AND ZONING: North: Pine Ridge Road, then improved commercially developed property with a zoning designation of C-3 East: Collier Boulevard (CR 951), then developed single-family lots with a zoning designation of Estates South: 11th Avenue SW,then developed single-family lots with a zoning designation of Estates West: partially developed single-family lots with a zoning designation of Estates PUDA-PL20120002136: BROOKS VILLAGE CPUD Page 2 of 13 February 21,2013 CCPC Revised: 2/11/13 y 1 w .ki ► a � '. = :.e —• 3 'a - VNtTE3LW = . PNERLCx — -91: 1 ,I 1 • ° ± S SU' d' ��x�� i ` ` r r . • . •, '''''''''' ,/,. •4•• &'-1' it ,,„ii . ,......, ;,',.:;.:c;•=7; - ft- " -%‘: ,O. 15 • y x v -,2 T•I.- -, ' Y .1 I. Kam. , s 1 V. W.3 4T > ,ttf l�. t _ ft` Io i 'r' L ■ i 'F ; 11TrI 4 SW ' f.aiwor._. ti N — --- •-.. . �_. t. A z •Co4wr County P•oPolYAPPraizer,NaPics.€l _ ." •Y . :'f. • t•;:t3 :., T. 0eS0ft Aerial Photo (the subject site is approximate) GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Neighborhood Center Subdistrict of the "Estates" Future Land Use designation, as identified on the Golden Gate Area Master Plan Future Land Use Map of the Growth Management Plan. GGAMP provisions specific to this neighborhood center, and relevant to this PUD amendment petition, are stated below,with each policy followed by staff analysis in bold text. Neighborhood Center Subdistrict - Recognizing the need to provide basic goods, services and amenities to Estates residents, Neighborhood Centers have been designated on the Golden Gate Area Future Land Use Map. The Neighborhood Center designation does not guarantee that commercial zoning will be granted. The designation only provides the opportunity to request commercial zoning. c) Criteria for land uses at the centers are as follows: • Access points shall be limited to one per 180 feet commencing from the right-of-way of the major intersecting streets of the Neighborhood Center. A maximum of three curb PUDA-PL20120002136: BROOKS VILLAGE CPUD Page 3 of 13 February 21,2013 CCPC Revised: 2/11/13 . 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The County allows an access point providing both ingress and egress to equal one full "curb cut" — as well as two individual access points providing solely ingress or ingress, each. The proposed Master Plan Exhibit depicts these vehicular access points. • For Tract 114, Golden Gate Estates,Unit 26, access shall be restricted to 11th Avenue S.W. Also, vehicular interconnection shall be provided to the adjacent property(s) in the Pine Ridge Road/Collier Boulevard Neighborhood Center. The proposed Master Plan Exhibit and Development Standard 3.3.I represent access limitations to be stricken —providing for full ingress and egress turning maneuvers to and from 11th Avenue S.W. • Projects within the Neighborhood Center Subdistrict that are submitted as PUDs shall provide a functional public open-space component. Such public open-space shall be developed as green space within a pedestrian-accessible courtyard, as per Section 2.4.5.4 of the Collier County Land Development Code, as in effect at the time of P.U.D. approval. Proposed Development Standard 33.0 indicates public open space will be provided within a pedestrian-accessible courtyard. The Master Plan Exhibit depicts a seventy foot wide strip of"open space" lying north of 11th Avenue SW where an "existing pedestrian pathway and seating area" is installed near a lake feature. Future Land Use Element (FLUE) policies relevant to this PUD amendment petition are stated below,with each policy followed by staff analysis. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. There exists access to Pine Ridge Road and Collier Boulevard — both arterial roads — and the Master Plan Exhibit depicts them.) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. The proposed Master Plan Exhibit depicts a number of"ingress/egress" indicators (arrows) within the main tract that may function as a loop road, and existing or planned internal access points are depicted between the main tract and the out parcels. Based upon the above analysis, the proposed PUD may be deemed consistent with the Future Land Use Element if staff's recommended conditions are included in any recommendation of approval. Transportation Element: Transportation Planning staff has reviewed the petitioner's submittal and has determined that no additional traffic impacts are proposed. As such, the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). Please note that the proposed right-in only access point on Pine Ridge Road is not consistent with the County's Access Management Resolution. However,the Neighborhood Center subdistrict of the PUDA-PL20120002136: BROOKS VILLAGE CPUD Page 4 of 13 February 21,2013 CCPC Revised: 2/11/13 Golden Gate Area Master Plan section of Growth Management Plan makes special consideration allowing this driveway related to this activity center, but limits it to connection that is no less than 180' from Collier Boulevard. The proposed plan is consistent with the GMP in this respect. To address safety concerns that are tied to this access, County staff requires installation of a second right turn lane that both serves the project, and extends to County Road 951. Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the application has determined that the proposed changes do not affect the GMP and LDC provisions regarding conservation,native vegetation preservation and potential listed species impacts. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) A000kk Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading"Zoning Services Analysis."In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. There are no changes to the environmental sections of the PUD. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues and is recommending approval subject to the Transportation Development Commitments contained in Exhibit F of the CPUD Ordinance. However one element of Exhibit F still is being refined. A monetary amount has yet to be settled upon in Exhibit F.5.7.E. Staff and the applicant anticipate that a number will be made available at the CCPC hearing. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and PUDA-PL20120002136: BROOKS VILLAGE CPUD Page 5 of 13 February 21,2013 CCPC Revised: 2/11/13 FINDINGS OF FACT: LDC Subsection 10.03.05.I.2 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staff's responses to these criteria are provided in bold, non-italicized font]: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the proposed changes will not create any incompatibility with the development approved in the area. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion provided by Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed amendment and believes that the project will be compatible with the surrounding area. The uses are not changing as part of this amendment PUDA-PL20120002136: BROOKS VILLAGE CPUD Page 7 of 13 February 21,2013 CCPC Revised: 2/11/13 and the uses approved in the original PUD rezone were determined to be compatible. The petitioner is revising some property development regulations, but staff believes uses remain compatible given the proposed development standards and project commitments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is not seeking approval of any deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). Rezone Findings: LDC Subsection 10.03.05.1 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, &policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in-depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this PUDA-PL20120002136: BROOKS VILLAGE CPUD Page 8 of 13 February 21,2013 CCPC Revised: 2/11/13 petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land differently that what existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that has been or will be provided by the developer (Developer Commitments). Staff believes the petition can be deemed consistent with all elements of the GMP if the mitigation is included in any recommendation of approval. 8. Whether the proposed change will create a drainage problem; PUDA-PL20120002136: BROOKS VILLAGE CPUD Page 9 of 13 February 21,2013 CCPC Revised: 2/11/13 The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site, and, in fact, most of the water management facilities are already in place on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The setbacks and project buffers will help insure that light and air to adjacent areas will not be substantially reduced. Again, since the majority of the site has already been developed, perimeter boundaries are already in place. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact,the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing PUD zoning designation; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; PUDA-PL20120002136: BROOKS VILLAGE CPUD Page 10 of 13 February 21,2013 CCPC Revised: 2/11/13 As noted previously, the majority of the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration for undeveloped parcels. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING(NIM): The applicant's agent, Patrick Vanasse, Planning Director of RWA conducted a duly noticed NIM on December 18, 2012, at the Golden Gate Community Center. Patrick introduced himself and Savannah Landry, with RWA, Inc.; (Applicant/Developer) Dave Davis, Amber Brinkley, Tom Hareas for Sembler Family Partnership #41 Ltd., Bruce Anderson, from Roetzel & Andress, P.A.; and Kay Deselem, Principal Planner with Collier County Growth Management Division. Patrick presented a general project overview and provided a fact sheet which included pertinent development information related to the Brooks Village Commercial Planned Unit Development(RPUD)petition. PUDA-PL20120002136: BROOKS VILLAGE CPUD Page 11 of 13 February 21,2013 CCPC Revised: 2/11/13 Patrick stated the project would comply with the Collier County Land Development Code. The requested changes were provided in the handout. They are summarized below: Change#1 Add a right in access on Pine Ridge Road to improve access to vacant outparcels. Change #2 Developer Commitment 5.8.0 which requires a donation to the Collier County Affordable Housing Trust is being eliminated. The Board of County Commissioners has directed staff to process an amendment to the LDC Section 10.02.13 to remove the monetary contributions requirement for PUDs. Change #3 In order to increase the marketability of the remaining outparcels, the applicant is requesting that the three undeveloped outparcels be permitted to have 24 hour customer operating hours. The current hours of operation are limited to 6:00am to midnight for customer operating hours and deliveries are limited to the hours between 6:00am and 10:00pm. These parcels are completely surrounded by commercial development and road right-of way and will not impact residential development. Change#4 The PUD Document and Master Plan have been revised to re-label the access point on 1 lm Avenue to reflect existing conditions. There were no questions raised be attendees. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on February 8,2013. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDA-PL20120002136 to the BCC with a recommendation of approval, subject to the stipulation that Section 5.7.E of Exhibit F be finalized to staff's satisfaction. PUDA-PL20120002136: BROOKS VILLAGE CPUD Page 12 of 13 February 21,2013 CCPC Revised: 2/11/13 PREPARED BY: 10-if &alai( //oZW/3 KA SELEM,AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: ..e. I . At. 11 /- Z8- 13 RAYMO 0 v. :ELLO�i ZONING MANAGER DATE DEPARTMENT OF PLANNING AND ZONING MIKE BOSI, AICP, INTERIM DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING APPROVED BY: firilledigi4e/ - 2 , 12 . 13 NIC K- SALANGUID• • 0 MINISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the April 23,2013 Board of County Commissioners Meeting PUDA-PL20120002136: BROOKS VILLAGE CPUD Page 13 of 13 February 21,2013 CCPC Revised: 1/25/13 ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 06-42, THE BROOKS VILLAGE COMMERCIAL PLANNED UNIT DEVELOPMENT (PUD), BY ADDING A RIGHT-IN ONLY ACCESS POINT ON PINE RIDGE ROAD; BY CHANGING THE HOURS OF OPERATION OF THE OUTPARCELS FRONTING ON PINE RIDGE ROAD TO 24 HOURS; BY CHANGING THE ACCESS ON 11TH AVENUE SW FROM INGRESS ONLY TO INGRESS AND EGRESS; BY AMENDING THE MASTER PLAN; AND BY REVISING AND DELETING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON THE SOUTHWEST QUADRANT OF THE INTERSECTION OF COLLIER BOULEVARD (CR 951) AND PINE RIDGE ROAD (CR 896), IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA CONSISTING OF 22.7 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, SEMBLER FAMILY PARTNERSHIP #41, LTD., represented by Patrick Vanasse, AICP of RWA, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, P.A., petitioned the Board of County Commissioners to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO PUD DOCUMENT. The PUD Document, attached as Exhibit"A"to Ordinance No. 06-42, is hereby amended and replaced with the PUD Document attached hereto as Exhibit"A" and incorporated herein by reference. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of ,2013. Brooks Village CPUD Page 1 of 2 PUDA-PL20120002136—rev.011713 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk GEORGIA A. HILLER, ESQ. Chairwoman Approved as to form and legal sufficiency f y\v3 Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A- PUD Document CP\12-CPS-01196\19 Brooks Village CPUD Page 2 of 2 PUDA-PL20120002136—rev.011713 BROOKS VILLAGE A COMMERCIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BROOKS VILLAGE,A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: SEMBLER FLORIDA, INC 5858 CENTRAL AVENUE ST.PETERSBURG, FL 33707-1728 PREPARED BY: PWT4: CONSULTING IL. • • 1 -IL 6610 WILLOW PARK DRIVE SUITE 200 NAPLES,FLORIDA 34109 And ROETZEL AND ANDRESS 850 PARK SHORE DRIVE TRIANON CENTRE-THIRD FLOOR NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC 8/ 6 DATE APPROVED BY BCC 9/26/06 ORDINANCE NUMBER 86- AMENDMENTS AND REPEAL PUDA-PL20120002136,Brooks Village CPUD Words Steook-tkru-are deleted and words underlined are added. 2/12/12 Page 1 ot 29 TABLE OF CONTENTS List of Exhibits + Page 3 Statement of Compliance ii Page 4 Section I Property Ownership,Legal Description I-i-Page 6 Section II Project Development Requirements 44-1-Page 9 Section III Commercial Development Standards 411 1 Page 13 Section IV Preserve Area I V 1 Page 20 Section V Development Commitments V I Page 21 Awo PUDA-PL20120002136,Brooks Village CPUD Words Struck t'ru are deleted and words underlined are added. 2/12/12 Paee 2 of 29 LIST OF EXHIBITS EXHIBIT"A" CPUD MASTER PLAN Page 27 EXHIBIT"B" RIGHT-OF-WAY WATER MANAGEMENT EXHIBIT Page 28 Pt1DA-PL20120002136,Brooks Village CPUD Words Struck-t r are deleted and words underlined are added. 2/12/12 Pare 3 or 29 BROOKS VILLAGE CPUD (Commercial Planned Development) STATEMENT OF COMPLIANCE The development of approximately 22.7 acres of property in Collier County, Florida as a Commercial Planned Unit Development(CPUD)to be known as the Brooks Village CPUD shall comply with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan(GMP). A. Golden Gate Area Master Plan 1. The CPUD shall make provisions for shared parking arrangements with adjoining developments (Collier Boulevard and Pine Ridge Road Center of the Golden Gate Area Master Plan Ordinance 2004-71). 2. Water retention/detention areas shall be allowed in the buffer area if the buffer area is left in natural state and drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004-71). 3. The applicant retains the right to construct fences or walls on the commercial side of the required landscape buffer for the residential property to the west. The fences or walls will not exceed five (5) feet in height, and shall be constructed of brick, stone, or wood. Concrete post, or rail type fences and walls, which are also permitted, shall be of open design(not covered by slats, boards or wire). 4. The proposed development has provided a seventy-five (75) foot wide buffer on the west side of the property which abuts a residential land use. Fifty (50) feet of the width of the buffer along the developed area shall consist of retained native vegetation in accordance with the LDC. The native vegetation retention area may consist of a perimeter berm and be used for water management detention in accordance with the provisions of the Collier Boulevard and Pine Ridge Road Center of the Golden Gate Area Master Plan Ordinance 2004-71. 5. The proposed development shall follow the guidelines of permitted uses in Section III of this Document that are appropriate for the Collier Boulevard and Pine Ridge Road Center, with the following specific prohibited uses set forth in the Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004-71: Drinking Places(5813)and Liquor Stores(5921) Mail Order Houses(5961) ++ PU DA-P120120002136,Brooks V illaEe CPUD Words Strw 'm o -"' °are deleted and words underlined are added. 2/12/12 Patine 4 of 29 Merchandizing Machine Operators(5962) Power Laundries(7211) Crematories (7261)(Does not include non-crematory Funeral Parlors) Radio,TV Representatives(7313)and Direct Mail Advertising Services(7331) NEC Recreational Shooting Ranges, Waterslides,etc. (7999) General Hospitals (8062),Psychiatric Hospitals(8063), and Specialty Hospitals (8069) Elementary and Secondary Schools(8211), Colleges(8221),Junior Colleges (8222) Libraries (8231) Correctional Institutions(9223) Waste Management(9511) Homeless Shelters (8361),and Soup Kitchens Sexually Oriented Businesses,as defined by Ordinance No. 91-43,as may be amended. B. Transportation 1. The proposed access points do not exceed the required one per 180 feet, commencing from the right-of-way of Collier Boulevard and Pine Ridge Road (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area --- Master Plan Ordinance 2004-71). 2. The proposed development shall combine driveways, and curb cuts shall be consolidated with adjoining developments, whenever possible (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004-71). 3. The Master Concept Plan provides a 25-foot wide landscape buffer abutting the external right-of-way for the entire site (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004-71). • III PUDA-PL20120002136.Brooks ViIIaze CPUD Words Struel:-thru-are deleted and words underlined are added. 2/12/12 Page 5 of 29 SECTION I DESCRIPTION,PROPERTY OWNERSHIP& GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed for development under the project name Brooks Village CPUD. 1.2 LEGAL DESCRIPTION PARCEL 1 THE EAST 180 FEET OF TRACT 107 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2 THE NORTH 180 FEET OF TRACT 111 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 3 THE SOUTH 150 FEET OF TRACT 111 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 4 THE NORTH 150 FEET OF TRACT 112 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 5 THE SOUTH 180 FEET OF TRACT 112 OF GOLDEN GATE ESTA'1'ES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 6 THE NORTH 180 FEET OF TRACT 113 OF GOLDEN GA'Z'E 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. I-1- PUDA-PL20I20002136.Brooks Village CPUD Words Struck th - are deleted and words underlined are added. 2/12/12 Page 6 of 29 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 GA 1'E ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COMBINED PARCELS =990,297.7 SQUARE FEET OR 22.7 ACRES MORE OR LESS. 1.3 PROPERTY OWNERSHIP The property is currently owned by Sembler Family Partnership #41 LTD. under contract for purchase by Sembler Florida, Inc., from LDJ Associates, Ltd., a Florida Limited Partnership. 1.4 GENERAL DESCRIPTION The applicant is proposing an amendment to a CPUD located within the Estates Designation, and the Neighborhood Center Sub-district identified on the Golden Gate Area Future Land Use Map, of the GMP. The Estates Land Use Designation encompasses lands which are already subdivided into semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision. The Neighborhood Center Subdistrict recognizes the need to provide basic goods, services and amenities to Estates residents(Ordinance 2004-71). The ± 22.74 acre property is located on the southwest quadrant of the intersection of Collier Boulevard (CR-951), and Pine Ridge Road (CR-896), and is bordered by 11th Avenue SW on the south, in Golden Gate Estates Unit 26, Section 15, Township 49 South,Range 26 East. Approximately 1.982.42 acres of the property has been or will be taken as right-of-way for Pine Ridge Road, Collier Boulevard, and 11th Avenue SW and are not included in the development area of the project. I2 PCDA-PL20120002136,Brooks VitlaQe CPU)Words C..ieti-tt-• are deleted and words underlined are added. 2/12/12 Pale 7 of 29 1.5 PROJECT DESCRIPTION The Brooks Village CPUD shall offer intermediate commercial and retail uses to the surrounding Estates residents. The proposed land uses are typically associated with major intersections, including, but not limited to retail with a major anchor component, convenience stores with gas pumps, restaurants (sit-down or drive-through), a grocery store, and business/office uses or financial institution uses with drive-through lanes. The Brooks Village CPUD will not exceed 105,000 square feet of gross leasable floor area. Pursuant to the Golden Gate Area Master Plan, this particular Neighborhood Center may be fully utilized as 100 percent commercial development. The proposed project site is presently undeveloped, but portions of the property have been disturbed by clearing and off-road vehicle use. The property is generally without topographic relief, with elevations ranging from 10.2 feet to 12.8 feet NGVD in the undisturbed areas. The project will meet,or exceed the 30 percent usable open space requirement of the LDC. Run-off will be channeled to two dry detention areas totaling approximately± 0.95 acres, and an additional ±1.46 acres will be designated as a wet detention area north of 11th Avenue SW. The detention area size may be adjusted at the time of site development -- approval if needed. The designated retention areas will comply with the South Florida Water Management District regulations as well as the applicable sections of the GMP and the LDC. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Brooks Village Commercial Planned Unit Development". 1- PUDA-PL20120002136,Brooks Village CPUD Words Struel..--th-Fware deleted and words underlined are added. 2/12/12 Pa.(!8 of 29 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. Pt11)A-P120120002136,Brooks Villaze CPU I)Words *e1�S `h+ are deleted and words underlined are added. 2/12/12 Pave 9 of 29 TABLE I PROJECT LAND USE TRACTS TYPE ACREAGE± TRACT"C" COMMERCIAL 17.6 17.18 TRACT"P" PRESERVE 3.1 Right-of-way outside development area 2:82.42 TOTAL 22.7 1. Areas illustrated as lakes on Exhibit"A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas shall be in the same general configuration and contain approximately the same acreage as shown by Exhibit"A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of the LDC, or as otherwise permitted by this CPUD Document. 2. In addition to the various areas and specific items shown on Exhibit"A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 PROJECT PLAN APPROVAL REQUIREMENTS 1. Required improvements shall receive approval of the appropriate County governmental agency to insure compliance with the LDC prior to final development order for all or part of the CPUD. A. Exhibit "A", CPUD Master Plan, constitutes the required CPUD Development Plan. Any division of property and the development of the land shall be in compliance with the LDC,and the platting laws of the State of Florida. 2. Appropriate instruments shall be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.5 LAKE EXCAVATIONS Removal of fill from the Brooks Village CPUD shall be limited to an amount up to ten percent(10%)(to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. Complied with. 2.6 AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN Changes and amendments may be made to this CPUD Ordinance or CPUD Master Development Plan,Exhibit"A",as provided by the LDC. II 2 Pt.DA-P1.20120002136,Brooks Village CPUD Words StrucII th.thru are deleted and words underlined are added. 2/12/12 Page 10 of 29 2.7 DEDICATION AND MAINTENANCE OF COMMON AREAS &FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements dedications or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the Brooks Village CPUD. Complied with. Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within the Brooks Village CPUD, the developer shall provide appropriate legal instruments for the establishment of a property owners' association whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of the LDC. Complied with. All common areas shall be maintained by the owner, and/or a property management company under contract with the property owners' association. Complied with. 2.8 FILL STORAGE- Complied with. Notwithstanding the provisions of the LDC, fill storage is generally permitted as a principal use in the Brooks Village CPUD. Fill material generated may be stockpiled within areas designated for commercial development. Prior to stockpiling in these locations, a vegetation removal and site filling permit, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height:thirty-five(35)feet C. Fill storage areas shall be screened with a security fence at least six(6)feet in height above ground level. If fill is spread to a height less than five feet over commercial development areas that are depicted on an approved SDP,or approved subdivision improvement plans,no fencing is required. D. Soil erosion control shall be provided in accordance with the LDC. E. Fill storage shall not be permitted in Preserve Areas. 2.9 REQUIRED ENVIRONMENTAL PERMITTING—Complied with. Where the development of land within the Brooks Village CPUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. PUDA-PL20120002136,Brooks Viliaee CPUD Words°ouok-t-• are deleted and words underlined are added. 2112/12 Page 11 of 29 T 2.10 NATIVE VEGETATION RETENTION REQUIREMENTS—Complied with. Pursuant to the GMP and the LDC,a minimum of 3.1 acres (15%of the native vegetation on site) is required to be retained or replanted. Tract "P" contains approximately 3.1 acres. For the purposes of this CPUD, the Preserve Tract will fully satisfy these native vegetation requirements. Native vegetation areas do not include those areas of vegetation that have a seventy-five percent(75%),or greater canopy coverage of exotic species. 2.11 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to the LDC,upon adoption of the CPUD Ordinance and attendant CPUD Master Plan,the provisions of the CPUD Document become a part of the LDC, and shall be the standards of development for the CPUD. Thenceforth,development in the area delineated as the CPUD District on the Official Zoning Atlas will be governed by the adopted development regulations,the CPUD Master Plan,and applicable portions of the LDC. I I '1 PUDA-PL20120002136,Brooks Village C'PUD Words"-•e-—tl re deleted and words underlined are added. 2/12/12 Pase 12 of 29 SECTION III COMMERCIAL DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to identify permitted uses for areas designated as Tract"C" on the CPUD Master Plan,Exhibit"A." 3.2 PERMITTED USES The following are selected permitted uses provided for in the commercial zoning districts C-1, C-2 and C-3. None of the following Permitted Uses are subject to a gross floor area/square footage limitation. A. 1) Accounting,auditing and bookkeeping services(Group 8721). 2) Apparel and accessory stores (Groups 5611-5699). 3) Auto and home supply stores(Group 5331). 4) Automotive services(Groups 7542, limited to car washes in conjunction with a convenience store, and 7549, limited to automotive lubricating service and window tinting). 5) Barber shops(Group 7241), except barber schools. 6) Beauty shops(Group 7231), except beauty schools. 7) Business services(Groups 7334, 7335, 7336, 7338, 7384). 8) Child day care services(Group 8351). 9) Civic, social and fraternal associates (Group 8641). 10) Depository institutions(Groups 6011-6099). 11) Eating places(Group 5812 only, beer,wine and liquor sales for consumption on premise permitted). 12) Food stores, including convenience stores with an accessory car wash (Groups 5411-5499). 13) Gasoline service stations,except for truck stops(Group 5541, subject to the provisions of the LDC). Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition III 1 PUDA-PL20120002136.Brooks Village CPUD Words Struck ththru are deleted and words underlined are added. 2/12/12 Paee 13.fit 29 14) General merchandise stores (Groups 5331-5399). 'nookk 15) Hardware stores(Group 5251). 16) Health services (Groups 8011-8049, 8082). 17) Home furniture,furnishing, and equipment stores (Groups 5712-5736). 18) Insurance carriers, agents and brokers (Groups 6311-6399, 6411). 19) Legal services(Group 8111). 20) Management and public relations services(Groups 8741-8743, 8748). 21) Membership organizations(Groups 8611-8699). 22) Miscellaneous repair services (Groups 7631 and 7699 bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 23) Miscellaneous retail (Groups 5912, 5941-5949, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, fireworks, monuments, swimming pools,tombstones and whirlpool baths). Drug and prescription stores may have drive-through facilities. 24) Museums and art galleries(Group 8412). 25) Non-depository credit institutions(Groups 6111-6163). 26) Offices for engineering, architectural,and surveying services(Groups 0781, 8711-8713). 27) Paint,glass and wallpaper stores (Group 5231). 28) Permitted uses with less than 700 square feet of gross floor area in the principal structure(ie:kiosks and vending cart sales). 29) Personal services (Groups 7212, pick-up and drop-off only, with no on- site dry cleaning permitted , Group 7291, Group 7299, babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). 30) Photographic studios(Group 7221). 31) Physical fitness facilities(Group 7991). Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition III 2 Pt DA-PL20120002136,Brooks Village CHID Words Struci.-_h ru are deleted and words underlined are added. 2/12/12 Pa_ e 14 of 29 32) Public administration(Groups 9111-9199, 9229, 9311,9411-9451,9511- 9532, 9611-9661). 33) Real estate(Groups 6531-6552). 34) Retail nurseries, lawn and garden supply stores(Group 5261). 35) Shoe repair shops and shoeshine parlors (Group 7251). 36) Security and commodity brokers,dealer, exchanges and services (Groups 6211-6289). 37) Transportation services(Group 4724),travel agencies only. 38) United States Postal Service(Group 4311 except major distribution center). 39) Veterinary services(Groups 0742, 0752 excluding outside kenneling). 40) Videotape rental(Group 7841). 41) Any other land use which is comparable to a land use identified in the above-referenced list of permitted uses subject to the procedures set forth in the LDC for granting such comparable land use approvals. Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including,but not limited to: 1) Parking facilities and signage. 2) Eating/picnic areas. 3) Storm water management facilities and structures. 4) Uses and structures that are accessory and incidental to the uses permitted as of right in the C-1, C-1/T District in effect as of the date of approval of this CPUD. 5) Uses and structures that are accessory and incidental to the customary uses permitted as of right in the C-2 District in effect as of the date of approval of this CPUD. 6) Uses and structures that are accessory and incidental to the uses permitted as of right in the C-3 District in effect as of the date of approval of this CPUD. 1-11-3- PUDA-PL20120002136,Brooks Villaze CPUD Words Stru `"'rare deleted and words underlined are added. 2/12/12 Page 15 of 29 B. Prohibited Uses 1) Metal mining(Major Group 10). 2) Coal mining(Major Group 12). 3) Oil and gas extraction(Major Group 13). 4) Mining and quarrying of nonmetallic minerals, except fuels (Major Group 14). 5) Drinking places(Group 5813)and liquor stores (Group 5921). 6) Mail order houses(Group 5961). 7) Merchandizing machine operators(Group 5962). 8) Power laundries (Group 7211). 9) Crematories(Group 7261)(Does not include non-crematory funeral parlors). 10)Radio,TV representatives (Group 7313) and direct mail advertising services (Group 7331). 11)NEC recreational shooting ranges,waterslides,etc. (Group 7999). 12)General hospitals(Group 8062),psychiatric hospitals(Group 8063),and specialty hospitals(Group 8069). 13)Elementary and secondary schools (Group 8211),colleges(Group 8221), junior colleges(Group 8222), libraries(Group 8231). 14)Correctional institutions(Group 9223). 15)Waste management(Group 9511). 16)Homeless shelters(Group 8361)and soup kitchens. 17)Sexually oriented businesses,as defined in Ordinance No. 91-43,as may be amended. Reference Executive Office of the President,Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition 11 i 1- RID,k-PL20120002136,Brooks Villaue CPUD Words S'-••°' '- are deleted and words underlined are added. 2/12/12 Pa`e I6 cif 29 3.3 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to the project perimeter, individual parcel or lot boundary lines,or between structures, as applicable. B. MAXIMUM COMMERCIAL INTENSITY: No more than one-hundred and five thousand (105,000) square feet of gross leasable floor area may be developed within the CPUD. No single permitted use may exceed 60,000 square feet of gross leasable floor area. C. PUBLIC OPEN SPACE: A public open space shall be provided as green space within a pedestrian-accessible courtyard as required by the LDC. No buildings or parking facilities shall be permitted within the south one hundred (100') feet of Golden Gate Estates Tract 114. Signage, concrete sidewalks, ingress and incidental traffic pavement as provided in Subsections 3.3.F and 3.3.I below are permitted in this area. Complied with. D. PEDESTRIAN WAYS: The commercial land uses shall be interconnected by pedestrian friendly sidewalks, walkways, and marked crosswalks through the parking areas. Complied with. E. ARCHITECTURAL STYLE: All buildings shall have tile roofs, "Old Florida style" metal roofs, or decorative parapet walls above the roofline. The buildings shall be finished in light, subdued colors, except for decorative trim. Complied with. F. SIGNAGE: Shall be as permitted in the LDC, except that on 1 lth Avenue S.W. the following limitations apply: (i) Signage in the 11th Avenue SW Right-of-Way shall be limited to traffic signage as approved by the Collier County Department of Transportation; (ii) Should there be ingress into the shopping center from 11th Avenue SW, then the shopping center will not have a "Directory Sign" as defined in 5.06.04 C.3., nor an"on-premise sign" as defined in 5.06.04 C., on 11th Avenue SW; (iii) Commercial directional or identification signs as provided in LDC Sub- section 5.06.04 C13. shall be allowed along any center driveway that connects to 11th Avenue SW. Any Collier Boulevard entry sign for the shopping center shall be a minimum of seventy-five(75) feet from 11th Avenue SW. Complied with. G. PUD Master Plan: The CPUD Master Plan shall be the plan of development with 1 11. The facilities and improvements shown on this CPUD master plan shall be considered conceptual in nature and shall be defined at either SDP approval, construction plans, or plat approval. No vertical construction shall be permitted on the south 100 ft. of Golden Gate Estates Tract 114. Complied with 111 5 PUDA-PL20120002136,Brooks Village CPUD Words S t oI n are deleted and words underlined are added. 2/12/12 Paae 17 oY 29 H. HOURS OF OPERATION: Customer operating hours shall be limited to the Asks hours between 6:00 AM and Midnight with the exception of the three outparcels fronting on Pine Ridge Road, which may be open 24 hours. . All three outparcels along Pine Ridge Road may build drive—thru structures or buildings however, if the western most out parcel along Pine Ridge Road utilizes the 24 hr. operations and includes a drive through, then the drive through must be located on the eastern side of the building or structure.lf the western most out parcel does not have 24 hr.operations for its drive-thru, then the drive-thru can be on any side of the of the building or structure allowed by the LDC. Shopping center deliveries shall be limited to the hours between 6:00 AM and 10:00 PM. I_. ACCESS LIMITATION: Connection to 11th Avenue SW shall be limited to ingress only a single access point. Complied with. ll PUDA-PL20120002136,Brooks village CPU)Words Struck-tlrrirare deleted and words underlined are added. 2/12/12 PaTze 18 of 29 TABLE II COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES MAXIMUM BUILDING COVERAGE NONE MINIMUM LOT AREA 10,000 Square Feet(S.F.) MINIMUM LOT WIDTH 75 FEET MINIMUM FLOOR AREA 700 S.F.* FLOOR AREA RATIO NONE MAXIMUM GROSS LEASABLE 105,000 FLOOR AREA MIN FRONT YARD 50%of the building height,but not less than 25 feet** MN SIDE YARD 50%of the building height,but not less than 15 feet MIN REAR YARD 50%of the building height,but not less than 15 feet MIN PRESERVE SETBACK 25 FEET MIN.DIST.BETWEEN STRUCTURES 30 FEET MAX.BLDG.HT. 50 FEET*** ACCESSORY STRUCTURES FRONT 10 FEET SIDE NONE REAR NONE PRESERVE SETBACK 10 FEET MIN.DIST. BETWEEN STRUCTURES 50%of the building height,but not less than 15 feet * Temporary or mobile sales structures are permitted to have a minimum floor area of 25 square feet,and are not subject to setback requirements as set forth above. ** Parcels with two frontages may reduce one front yard by 10 feet. *** Actual building height as defined by the LDC. 111 7 Pl'DA-PL20120002136.Brooks Village CPLD Words Struck thru are deleted and words underlined are added. 2/12/12 Page 19 of 29 SECTION IV otowk 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 PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional, State and Federal permits,when required: A. Principal Uses: 1) Native preserves. 2) Water management facilities. 3) Mitigation areas. 4) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes. IV l PUB 4-P120120002136,Brooks Villaue CPUD Words Sfrieek-t'k-u are deleted and words underlined are added. 2/12/12 Pave 20 of 29 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 GENERAL The developer,his successor or assignee, shall follow the Master Plan and the regulations of the CPUD as adopted. In addition, any successor or assignee in title to the developer is bound by any commitments within the CPUD. These commitments may be assigned or delegated to a commercial property owners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 5.3 DEVELOPMENT COMMITMENTS SPECIFIC TO THE BROOKS VILLAGE CPUD Development commitments specific to this CPUD are specified in Paragraph 5.7. 5.4 GENERAL COMMITMENTS A. Exhibit "A", CPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries, or special land use boundaries shall not be construed to be final,and may be varied at anytime at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. 5.5 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Brooks Village CPUD, except in preserve areas where landscape buffers are prohibited. However perimeter preserve areas may act as a buffer. All landscaping shall be in accordance with the Collier County LDC in effect at the time of final site development plan approval. The following standards shall apply: A. Pedestrian sidewalks, bike paths,water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. B. No structure shall encroach into a required landscape buffer unless permitted by the LDC. Vl PL1DA-PL20120002136,Brooks Village MD Words Stwek-brill-are deleted and words underlined are added. 2/12/12 Pa�ze 21 of 29 C. The applicant retains the right to construct fences or walls on the commercial side Auk of the required landscape buffer for the residential property to the west. The fences or walls will not exceed five (5) feet in height, and shall be constructed of brick, stone, or wood. Concrete post, or rail type fences and walls, which are also permitted, shall be of open design(not covered by slats,boards or wire). D. The Brooks Village CPUD shall provide a 25-foot wide landscape buffer abutting the external right-of-way. This buffer shall contain two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double row hedge at least 24 inches in height at time of planting and attaining a minimum of three feet in height within one year. A minimum of 50% of the 25-foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers other than grass. Existing native trees shall be retained within this 25-foot wide buffer area. Water retention/detention areas shall be allowed in this buffer area if left in a natural state. Drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall. Complied with. 5.6 LIGHTING All lighting facilities shall be architecturally-designed, and shall be limited to a height of twenty-five (25) feet. Such lighting facilities shall utilized low pressure sodium, or --- similar bulbs,and be shielded from neighboring residential land uses. Halogen lighting is prohibited. Complied with. 5.7 DEVELOPMENT COMMITMENTS TRANSPORTATION The development of this CPUD Master Development Plan shall be subject to and governed by the following conditions: A. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first Certificate of Occupancy (CO). Complied with. B. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO or requested by Collier County. The southbound right turn lane into 11th Avenue SW will not be considered site-related if modified as part of the CR-951 roadway project. Should the development precede CR-951 improvements, the developer shall address any turn lane improvements at this location as determined at the time of development order application if approved by the Board of County Commissioners. Complied with. C. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health, safety and welfare of the public. V2 PtIDA-PL20120002136,Brooks VillaEe CPUD Words St u� " • are deleted and words underlined are added. 2/12/12 Pace 22 of 29 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 Transportation Plan . The number of access points may be less than the number depicted on the Master Plan; however, no additional external access points shall be considered unless a PUD amendment or PUD insubstantial change is approved. E. The County's approval of the right-in only turn into the Brooks Village PUD from Pine Ridge Road is contingent upon-the--following: Modification-of the Pine Ridge Road/Collier Boulevard intersection design plans in order to add a second eastbound right turn lane in accordance with FDOT design practices as a safety upgrade to accommodate the developer's proposed right-in only. All costs associated with the second eastbound right turn lane including signal and intersection improvements shall be paid by owner/developer, his successors, or assign at no cost to the County. Within 30 days of approval of the PUD developer/owner shall make a cash payment to the County, or shall post a bond or letter of credit from a County approved bank to pay for all County estimated costs associated with this modification including (but not limited to) additional costs related to engineering, permitting, right of way acquisition, water management (acceptance and treatment) both on- and off-site related to the Pine Ridge Road frontage, document preparation and recording, cost of materials, and construction costs (the "Improvements"). The owner/developer may enter into a contract with the design consultant currently under contract with Collier County to initiate design changes, which may be used to reduce the cash payment or bond amount by the contractual dollar amount. If the developer is unwilling or unable for any reason to enter a contractual agreement with the County's design consultant within 30 days after PUD approval,then the cash payment or the bond may not be reduced by County. All costs shall be calculated by the County using where available the County's approved contractual rates. The cash payment or bond shall be in an amount not to exceed $ . the County's estimated cost of the required Improvement(s) resulting from this additional turn lane. The bond may be drawn on by County at the time of County's approval of the construction contract for the intersection improvements. This modification is a site related improvement and is not eligible for transportation impact fee credits. V3 PUD.A-PL20120002136.Brooks Village CHID Words Steue4-thru-are deleted and words underlined are added. 2/12/12 Page 23 of 29 Any additional costs for construction delays incurred by the County under the construction contract for the Pine Ridge Road/Collier Boulevard intersection improvements which are caused by the addition of the right-in only entrance and second right turn lane shall be at the sole cost of the Developer/Owner unless such delay is caused by the County or the County's consultant. Any additional road right of way that may be required by County to accommodate changes resulting from the inclusion of this additional right turn lane including corner clips up to fifteen feet (15') needed for traffic signal and street lighting equipment shall be dedicated to the County by road easement within 60 days of this PUD approval. The road right-of-way shall be conveyed at no cost to the County. Any encroachment resulting from these conveyances shall not require replacement of the displaced buffer area in accordance with Section 9.0307 of the LDC. If the Developer owner fails to convey the road right-of-way prior to or at time of SDP approval of any of the three outparcels. then the right-in only turn lane will not be allowed. F. Subject to 5.7.E above: The easternmost right in only access point on Pine Ridge Road will serve the out parcels located at the intersection of Pine Ridge Road and Collier Blvd. The access point will meet the minimum 180' separation from the edge of pavement of Collier Blvd. The right in only access will incorporate a turn lane and side walk on Pine iRidge-Road and will be consistent with the Collier County Pine Ridge Road and Collier Blvd intersection improvement project under design. €:G. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO or within 60 days of when requested by the County. Complied with. 6:H. Payment in lieu of sidewalks and bike lanes for Collier Boulevard frontage shall be required. The amount shall be determined utilizing the FDOT 2004 Transportation Costs,as amended. Payment shall be required within 90 days of the approval of the rezoning petition by the Board of County Commissioners, or prior to the release of the review for the corresponding site development plan, or plat application, whichever is first. Should the existing sidewalks along Collier Boulevard remain undisturbed through the impending roadway improvements, the developer shall be exempt from making the payment in lieu of construction set forth above. Complied with. WI. At the request of Collier County, the developer shall install or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter. The exact location will be determined during site development plan review. Complied with. V-4 PUDA-PL20120002136,Brooks Villaee CPU°Words C -`vv vck-th a are deleted and words underlined are added. 2/12/12 Page 24f.29 "1110111111•1110111111101•51111111111P var.. The developer shall donate 20 feet of right-of-way and a 10-foot shared slope and construction easement along the Pine Ridge Road frontage; and the developer shall donate up to 5 feet of right-of-way and a 10 foot shared slope and construction easement along the Collier Boulevard frontage. The required right- of-way along the Collier Boulevard frontage shall be determined by Collier County. The 10-foot shared slope and construction easement may be counted towards the required 25-foot landscape buffer and if a sidewalk is installed, no additional landscape buffer shall be required. The dedications shall be provided within 60 days of a written request from Collier County or prior to approval of the final site development plan, whichever occurs first. The developer shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Complied with. -1-K. The developer agrees to provide water management for the entire right-of-way of Pine Ridge Road improvement project along the entire frontage of the property. Complied with. (See Exhibit`B") J-:L. Prior to the approval-ef the-first development order, the developer agrees to pay $25,000.00 for its proportionate share of the Collier Boulevard and Pine Ridge Road signalization and construction improvements. Complied with. -1(,,M. To the extent that Developer has excess unused or uncommitted storage capacity in the PUD water management system, Developer agrees to make available to County that excess storage capacity to accept storm water from a portion of the right of way of the Collier Boulevard improvement project abutting the PUD when Collier Boulevard is widened to six lanes in that location. Complied with. (See Exhibit`B") WATER MANAGEMENT The development of this CPUD Master Development Plan shall be subject to and governed by the LDC. UTILITIES AND ENGINEERING The development of this CPUD Master Development Plan shall be subject to and governed by the following conditions: A. The development shall be subject to application for and conditions associated with a Water and Sewer Availability Letter from Collier County Utilities Division. Complied with. ENVIRONMENTAL Complied with. The development of this CPUD Master Development Plan shall be subject to and governed by the following conditions: V5 PUDA-PL20120002136,Brooks Villaee CPUD Words Ste°^'..n 4-«�t..,°are deleted and words underlined are added. 2/12/12 Pais 25 of 29 A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Department. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation/preservation areas shall be designated as preserves on all construction plans and, if the project is platted, shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project commercial property owners' association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. In the event the project does not require platting, all conservation areas shall be recorded as conservation easements dedicated to the project's commercial property owners' association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and shall be subject to review and approval by Environmental Services staff. D. The CPUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to the Environmental Services staff for review and approval prior to final site plan/construction plan approval. E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. F. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management,and maintenance. G. The CPUD shall be consistent with the Conservation and Coastal Management Element of the Collier County GMP in effect at the time of final development order approval. H. All approved agency(SFWMD,ACOE,FFWCC)permits shall be submitted prior to final site plan/construction plan approval. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. V6 PUBA-P120120002136,Brooks Villaue CPMJD Words Struck-t u are deleted and words underlined are added. 2/12/12 Page 26 of 29 J. All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10-foot setback. Where jurisdictional wetlands are a component of a preserve,a structural buffer shall be required to utilize the 10 foot setback. 5.8 DEVELOPER'S COMMITMENTS A. The Developer shall donate a school bus stop shelter to serve the 1 lth Avenue SW residents in a location prescribed by the Collier County School District. Complied with. B. Off-site, project related traffic improvements must be completed prior to commencement of on-site project development. Complied with. C. - ` -. - . - . -- r County Affordable Housing Trust •- -- - I. ! ... -- - - .. '-- . depicted on approved Site Development Plans. The payment shall he made as a 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. C. Developer shall donate palm lined (no greater than 75 feet on center) sidewalks on both sides of 11th Avenue SW, adjacent to the CPUD boundary. Complied with. E. No light or glare shall impact adjacent Estates Zoned properties. Utilization of low pressure sodium, or similar intensity lighting shall be utilized. Halogen lighting is prohibited. Complied with. F. The Developer shall convey a 40 foot by 50 foot raw water well easement in a location to be determined in the future. This conveyance shall occur at time of the first development order approval. Complied with. V7 PUDA-PL20120002136.Brooks Villase CPUI)Words S'-•••k-t.."" are deleted and words underlined are added. 2/12/12 Pan 27 of 29 1^ a J11 I I Ky�y 1 .. .. 1VLLN3OIS301 AllIN0J 37ONIS:9NINOZ S31V1S3--- -- -- Sii 0E4— I �: MS3M'3AV Rit! 1'�n a g v a Id , 0 1 1 , I I (.0 00.OZ65 MASOMKIS j I rn v m .. .. ''f i ! fv116t•Otet htlD.06.e65 I 2 St1 m-10^ 0 I0 I Villk...26061m411�. ��//�i%/ /�/ i�//N,/,�� v I I ; /i O s ;j5j Tn m' $ 1 1 a g � J \ < =i a°S 111 m / f0 a . -. r- ___ ____ - _00— m — Cm1 m 0o ,i 2 I m I! 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