Ordinance 2013-29 ORDINANCE NO. 13- 29
By
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 r ,
This Ordinance shall become effective upon filing with the Department of state.
rf�
F. a
PASSED AND DULY ADOPTED by super-majority vote of the Boar�f Qunty
Commissioners of Collier County, Florida, this �_3 r `�day of April , 2013.
Brooks Village CPUD Page 1 of 2
PUDA-PL20120002136—rev.040113
ATTEST: BO(RE) (+F OUN ► COMMISSIONERS
DWIGHT E. BROCK, CLERK CO E' • $ ' T , FLORIDA
• �� =a By:
iftet as to CliairiaPuty Clerk 't ORGIA A. HILLER, ESQ.
slt�:rt;on! Chairwoman
Ap
pi
oved as to font forMArld legal sufficiency
t*Ct . •F (10
eidi Ashton- icko 4\t
Managing Assistant County Attorney
Attachment: Exhibit A - PUD Document
CPA 2-CPS-01196\65
This ordinance filed with the
SAii.fetary of State's Office the
day of_ q_, ..-��.
and ccknowle& rnent,p11 that
filing received this , _a� d y
of ' s dt0(7
By&, /_ * l ■ A
•eDuty Clerk
Brooks Village CPUD Page 2 of 2
PUDA-PL20120002136—rev.040113
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:
PWTIV
CONSULTI NG
L. • V1 -M.
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 8/3/86
DATE APPROVED BY BCC 96/86
ORDINANCE NUMBER (*-
AMENDMENTS AND REPEAL
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TABLE OF CONTENTS
List of Exhibits I Page 3
Statement of Compliance 44 Page 4
Section I Property Ownership, Legal Description Page 6
Section II Project Development Requirements 4I-I-1-Page 9
Section III Commercial Development Standards III I Page 13
Section IV Preserve Area 4-V-I-Page 20
Section V Development Commitments V--1-Page 21
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LIST OF EXHIBITS
I EXHIBIT"A" CPUD MASTER PLAN Page 28
I EXHIBIT"B" RIGHT-OF-WAY WATER MANAGEMENT EXHIBIT Page 29
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BROOKS VILLAGE CPUD
(Commercial Planned Development)
STATEMENT OF COMPLIANCE
The development of approximately 22.7 acres of property in Collier County, Florida as a
Commercial Planned Unit Development (CPUD) to be known as the Brooks Village CPUD shall
comply with the goals, objectives and policies of Collier County as set forth in the Growth
Management Plan(GMP).
A. Golden Gate Area Master Plan
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)
+i
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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).
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C�'
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP& GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed for development under the
project name Brooks Village CPUD.
1.2 LEGAL DESCRIPTION
PARCEL 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 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 6 THE NORTH 180 FEET OF TRACT 113 OF GOLDEN GATE ESTATES
UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
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�,r
PARCEL 7
THE SOUTH 150 FEET OF TRACT 113 OF GOLDEN GATE ESTATES UNIT NO.
26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK
7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
PARCEL 8
THE NORTH 150 FEET OF TRACT 114 OF GOLDEN GATE ESTATES UNIT NO.
26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK
7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
PARCEL 9
THE SOUTH 180 FEET OF TRACT 114 OF GOLDEN GATE ESTATES UNIT NO.
26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK
7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
COMBINED PARCELS =990,297.7 SQUARE FEET OR 22.7 ACRES MORE OR
LESS.
1.3 PROPERTY OWNERSHIP
The property is currently owned by Sembler Family Partnership #41 LTD. unfleFeetitfaet
for purchase by Sembler Florida, Inc., from LDJ Associates, Ltd., a Florida Limited
Paftnership,
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 I1th
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 1 1th Avenue SW and are not included in the
development area of the project.
1-2
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1
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".
I 14
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate the project plan of development, relationships
to applicable County Ordinances, the respective land uses of the Brooks Village CPUD,
as well as other project relationships.
2.2 GENERAL
A. Regulations for the development of Brooks Village CPUD shall be in accordance
with the contents of this Document, the Golden Gate Area Master Plan, the Collier
County Land Development Code and the Growth Management Plan in effect at the
time of the development order approval. Where these regulations fail to provide
developmental standards, then the provisions of the most similar district in the
County LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of development order
approval.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Brooks Village CPUD shall become part of the
regulations which govern the manner in which the CPUD site may be developed.
D. Unless modified, waived or deviated from by this CPUD, the provisions of other
sections of the LDC, where applicable, remain in full force and effect with respect
to the development of the land which comprises this CPUD.
2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including land uses for the various tracts is illustrated
graphically by Exhibit"A," CPUD Master Plan.
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�V1�
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 2702.42
TOTAL 22.7
B. Areas illustrated as lakes on Exhibit "A" shall be constructed as lakes or, upon
approval, parts thereof may be constructed as shallow, intermittent wet and dry
depressions for water retention purposes. Such areas shall be in the same general
configuration and contain approximately the same acreage as shown by Exhibit "A".
Minor modification to all tracts, lakes or other boundaries may be permitted at the
time of final plat or site development plan approval, subject to the provisions of the
LDC,or as otherwise permitted by this CPUD Document.
C. In addition to the various areas and specific items shown on Exhibit "A", such
easements as necessary (utility, private, semi-private) shall be established within or
along the various tracts as may be necessary.
1.4 PROJECT PLAN APPROVAL REQUIREMENTS
A. Required improvements shall receive approval of the appropriate County
governmental agency to insure compliance with the LDC prior to final development
order for all or part of the CPUD.
B. Exhibit "A", CPUD Master Plan, constitutes the required CPUD Development Plan.
Any division of property and the development of the land shall be in compliance with
the LDC, and the platting laws of the State of Florida.
C. Appropriate instruments shall be provided at the time of infrastructure improvements
regarding any dedications and methods for providing perpetual maintenance of
common facilities.
2.5 LAKE EXCAVATIONS
Removal of fill from the Brooks Village CPUD shall be limited to an amount up to ten
percent(10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a
commercial excavation permit is received.
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.
142
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2.7 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES
Easements shall be provided for water management areas, rights-of-way, utilities and
other purposes as required. All necessary easements dedications or other instruments
shall be granted to insure the continued operation and maintenance of all service utilities
in compliance with applicable regulations in effect at the time of adoption of this
Ordinance establishing the Brooks Village CPUD.
Whenever the developer elects to create land area whose ownership and maintenance
responsibility is a common interest to all of the subsequent purchasers of property within
the Brooks Village CPUD, the developer shall provide appropriate legal instruments for
the establishment of a property owners' association whose function shall include
provision for the perpetual care and maintenance of all common facilities and open space,
subject further to the provisions of the LDC.
All common areas shall be maintained by the owner, and/or a property management
company under contract with the property owners' association.
I 2.8 FILL STORAGE
Notwithstanding the provisions of the LDC, fill storage is generally permitted as a
principal use in the Brooks Village CPUD. Fill material generated may be stockpiled
within areas designated for commercial development. Prior to stockpiling in these
locations, a vegetation removal and site filling permit, along with plans showing the
locations and cross-sections shall be submitted to Collier County Planning Services Staff
for review and approval. The following standards shall apply:
A. Stockpile maximum side slope: 3:1
B. Stockpile maximum height: thirty-five(35)feet
C. Fill storage areas shall be screened with a security fence at least six (6) feet in
height above ground level. If fill is spread to a height less than five feet over
commercial development areas that are depicted on an approved SDP, or
approved subdivision improvement plans, no fencing is required.
D. Soil erosion control shall be provided in accordance with the LDC.
E. Fill storage shall not be permitted in Preserve Areas.
2.9 REQUIRED ENVIRONMENTAL PERMITTING
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.
X1--3
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I 2.10 NATIVE VEGETATION RETENTION REQUIREMENTS
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.
�-4
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1.
SECTION III
COMMERCIAL DEVELOPMENT
3.1 PURPOSE
The purpose of this Section is to identify permitted uses for all lands east of the Preserve
areas designated as Tract "C", including the Outparcels, 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
111 1
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14) General merchandise stores (Groups 5331-5399).
15) Hardware stores(Group 5251)
16) Health services (Groups 8011-8049, 8082).
17) Home furniture, furnishing, and equipment stores (Groups 5712-5736).
18) Insurance carriers, agents and brokers (Groups 6311-6399, 6411).
19) Legal services (Group 8111).
20) Management and public relations services (Groups 8741-8743, 8748).
21) Membership organizations(Groups 8611-8699).
22) Miscellaneous repair services (Groups 7631 and 7699 bicycle 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
111 2
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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.
111 3
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A. 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
t
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3.3 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to the project perimeter, individual parcel or lot
boundary lines, or between structures, as applicable.
B. MAXIMUM COMMERCIAL INTENSITY: No more than one-hundred and five
thousand (105,000) square feet of gross leasable floor area may be developed
within the CPUD. No single permitted use may exceed 60,000 square feet of
gross leasable floor area.
C. PUBLIC OPEN SPACE: A public open space shall be provided as green space
within a pedestrian-accessible courtyard as required by the LDC. No buildings or
parking facilities shall be permitted within the south one hundred (100') feet of
Golden Gate Estates Tract 114. Signage, concrete sidewalks, ingress and
incidental traffic pavement as provided in Subsections 3.3.F and 3.3.1 below are
permitted in this area.
D. PEDESTRIAN WAYS: The commercial land uses shall be interconnected by
pedestrian friendly sidewalks, walkways, and marked crosswalks through the
parking areas.
E. ARCHITECTURAL STYLE: All buildings shall have tile roofs, "Old Florida
style" metal roofs, or decorative parapet walls above the roofline. The buildings
shall be finished in light, subdued colors, except for decorative trim.
F. SIGNAGE: Shall be as permitted in the LDC, except that on 11`h Avenue S.W.
the following limitations apply:
(i) Signage in the 11`h Avenue SW Right-of-Way shall be limited to traffic
signage as approved by the Collier County Department of Transportation;
(ii) Should there be ingress into the shopping center from 11`h 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
11`h Avenue SW. Any Collier Boulevard entry sign for the shopping center shall
be a minimum of seventy-five(75) feet from 1 l`h Avenue SW.
G. PUD Master Plan: - ' _ ! . - ' . . . a - .. - • -
_•. - 0, - - - - - • -
. _. !!' _ . . - . - .
1-1-4.-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.
ttt s
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L Nc
H. HOURS OF OPERATION: Customer operating hours shall be limited to the
hours between 6:00 AM and Midnight with the exception of the two outparcels
identified as A and B on the Master Plan which may be open 24 hours. .
Outparcels A and B are further limited as follows:
a. No eating places are allowed to serve alcoholic beverages between the
hours of midnight and 6am Sunday through Thursday and l am and 6am
Friday and Saturday.
b. No uses located on outparcels A and B may have outside amplified sound,
except for drive-throughs or any amplified sound required by law such as
speakers at gas stations.
Shopping center deliveries shall be limited to the hours between 6:00 AM and
10:00 PM.
ACCESS LIMITATION: Connection to 11th Avenue SW shall be limited to
ingress only a single access point.
f-6
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� j
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**
MIN SIDE YARD 50%of the building height,but not less than 15 feet
MIN REAR YARD 50%of the building height,but not less than 15 feet
MIN PRESERVE SETBACK 25 FEET
MIN.DIST.BETWEEN STRUCTURES 30 FEET
MAX.BLDG.HT. 50 FEET***
ACCESSORY STRUCTURES
FRONT 10 FEET
SIDE NONE
REAR NONE
PRESERVE SETBACK 10 FEET
MIN.DIST.
BETWEEN STRUCTURES 50%of the building height,but not less than 15 feet
* Temporary or mobile sales structures are permitted to have a minimum floor area of 25 square
feet,and are not subject to setback requirements as set forth above.
** Parcels with two frontages may reduce one front yard by 10 feet.
*** Actual building height as defined by the LDC.
111 7
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i.�1�
SECTION IV
PRESERVE AREA
4.1 PURPOSE
The primary function and purpose of Tract P is to preserve and protect vegetation and
naturally functioning habitats, such as wetlands, in their natural state and to utilize this
Tract for buffering from property abutting the Neighborhood Center as provided in the
Golden Gate Master Plan.
4.2 USES PERMITIED
No building or structure or part thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following, subject to regional, State and Federal
permits, when required:
A. Principal Uses:
1) Native preserves.
2) Water management facilities.
3) Mitigation areas.
4) Hiking trails, boardwalks, shelters, or other such facilities constructed for the
purposes of passage through or enjoyment of the site's natural attributes.
IV l
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SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
5.2 GENERAL
The developer, his successor or assignee, shall follow the Master Plan and the regulations
of the CPUD as adopted. In addition, any successor or assignee in title to the developer
is bound by any commitments within the CPUD. These commitments may be assigned
or delegated to a commercial property owners' association to be created by the developer.
Upon assignment or delegation, the developer shall be released from responsibility for
the commitments.
5.3 DEVELOPMENT COMMITMENTS SPECIFIC TO THE BROOKS VILLAGE
CPUD
Development commitments specific to this CPUD are specified in Paragraph 5.7.
5.4 GENERAL COMMITMENTS
A. Exhibit "A", CPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, lot or land use boundaries, or special land
use boundaries shall not be construed to be final, and may be varied at anytime at
any subsequent approval phase as may be executed at the time of final platting or
site development plan application. Subject to the provisions of the LDC,
amendments may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all services and all common
areas in the project.
5.5 LANDSCAPE BUFFERS, BERMS,FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Brooks Village CPUD, except in preserve areas where landscape buffers
are prohibited. However perimeter preserve areas may act as a buffer. All landscaping
shall be in accordance with the Collier County LDC in effect at the time of final site
development plan approval. The following standards shall apply:
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.
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C. The applicant retains the right to construct fences or walls on the commercial side
of the required landscape buffer for the residential property to the west. The
fences or walls will not exceed five (5) feet in height, and shall be constructed of
brick, stone, or wood. Concrete post, or rail type fences and walls, which are also
permitted, shall be of open design (not covered by slats, boards or wire).
B. The Brooks Village CPUD shall provide a 25-foot wide landscape buffer abutting
the external right-of-way. This buffer shall contain two staggered rows of trees
that shall be spaced no more than 30 feet on center, and a double row hedge at
least 24 inches in height at time of planting and attaining a minimum of three feet
in height within one year. A minimum of 50% of the 25-foot wide buffer area
shall be comprised of a meandering bed of shrubs and ground covers other than
grass. Existing native trees shall be retained within this 25-foot wide buffer area.
Water retention/detention areas shall be allowed in this buffer area if left in a
natural state. Drainage conveyance through the buffer area shall be allowed if
necessary to reach an external outfall.
5.6 LIGHTING
All lighting facilities shall be architecturally-designed, and shall be limited to a height of
twenty-five (25) feet. Such lighting facilities shall utilized low pressure sodium, or
similar bulbs, and be shielded from neighboring residential land uses. Halogen lighting is
prohibited.
5.7 DEVELOPMENT COMMITMENTS
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). C
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 l 1 t 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.
C. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution No. 01-247), as it may be
amended, and the LDC, as it may be amended. Collier County reserves the right
to modify or close any median opening existing at the time of approval of this
CPUD which is found to be adverse to the health, safety and welfare of the public.
Any such modifications shall be based on, but are not limited to, safety,
operational circulation, and roadway capacity.
V2
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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. • . - . - _. • - - • - - -
amended from time to time, and with the Collier County Long Range
Trnn portation Dl n . 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, design modification, 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 $188,005.00, 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
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1. 1
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 Ridge Road and will be consistent with the Collier
County Pine Ridge Road and Collier Blvd intersection improvement project under
design.
RG. 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.
GI i. 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.
1-1:I. 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.
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�Cl
1-.1. 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.
4,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.
(See Exhibit B")
J-L. Prior to the approval of the first development order, the developer agrees to pay
$25,000.00 for its proportionate share of the Collier Boulevard and Pine Ridge
Road signalization and construction improvements.
KM. 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. (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.
ENVIRONMENTAL
The development of this CPUD Master Development Plan shall be subject to and
governed by the following conditions:
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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.
Pl DA-P1,20120002136.Brooks Village(PCD Words Str-xek-thru_are deleted and words underlined are added. 4/1/13 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 11th Avenue SW
residents in a location prescribed by the Collier County School District.
B. Off-site, project related traffic improvements must be completed prior to
commencement of on-site project development.
C. The Developer shall make a donation to Collier County Affordable Housing Trust
e - !.
- '1- - -- - I - - • - -
• • .. ..
DC. 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.
&D. No light or glare shall impact adjacent Estates Zoned properties. Utilization of
low pressure sodium, or similar intensity lighting shall be utilized. Halogen lighting
is prohibited.
f-E. 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.
PCD%-PI 20120002136.Brooks Villaee CPl D Words Struck thru are deleted and words underlined are added. 4/1/13 Page 27 of 29
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01.CI .
STATE OF FLORIDA)
COUNTY OF COLLIER)
I , DWIGHT E . BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2013-29
which was adopted by the Board of County Commissioners
on the 23rd day of April, 2013 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of April , 2013 .
DWIGHT E . BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
By Teresa Canion,`"
Deputy Clerk '' 61,