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Ordinance 2015-33 ORDINANCE NO. 15- 33 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE VINCENTIAN VILLAGE MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 224 MULTIFAMILY RESIDENTIAL DWELLING UNITS, UP TO 250,000 GROSS SQUARE FEET OF COMMERCIAL LAND USES, A HOTEL LIMITED TO 150 ROOMS, AND AN ASSISTED LIVING FACILITY (ALF) AT 0.6 FAR. THE COMMERCIAL USES ARE SUBJECT TO CONVERSIONS AND LIMITATIONS IF THE PROJECT IS DEVELOPED AS MIXED USE OR IF A HOTEL OR ALF IS CONSTRUCTED. THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF SOUTHWEST BOULEVARD AND U.S. 41 IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30.68+/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-37, THE VINCENTIAN PUD; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-PL201300017261 WHEREAS, Robert J. Mulhere of Hole Montes, Inc., representing Global Properties of Naples, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located at the southeast corner of the intersection of Southwest Boulevard and Tamiami Trail East (U.S. 41) in Section 32, Township 50 South, Range 26 East, Collier County, Florida, is changed from a Planned Unit Development (PUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for a 30.68+/- acre project to be known as the Vincentian Village MPUD, to allow construction of a maximum of 224 multifamily residential dwelling units, up to 250,000 gross square feet of commercial land uses, a hotel limited to 150 rooms, and an assisted living facility (ALF) at 0.6 FAR, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps as described in [14-CPS-01292/1180260/1] 141 Vincentian MPUD/PUDZ-PL20130001726 Page 1 of 2 Rev. 5/15/15 ,A Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 99-37, known as the Vincentian Planned Unit Development, adopted on May 25, 1999 by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this I day of .l.tA..Q , 2015. ATTEST,. "" BOARD OF COUNTY COMMISSIONERS DWIIH°!.1,$ QCK, CLERK COLLIER COUNTY, FLORIDA j y K By: ` k TIM NANCE, Chairman s t%c ait van's signature only. Approved as to form and legality: .i eidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit C-1 —ROW Section Exhibit D - Legal Description This ordinance filed with the Exhibit E - Requested Deviations from LDC Secretory of St 's Office the Exhibit F - Developer Commitments .'1� day of _r �! !!L�, �otS and acknowledgeme'LP-T.—day t that fili g-received this of J(.!'K a0t5 By uty rt [14-CPS-01292/1180260/1] 141 Vincentian MPUD/PUDZ-PL20130001726 Page 2 of 2 Rev. 5/15/15 ACA EXHIBIT A VINCENTIAN VILLAGE MPUD LIST OF PERMITTED USES PERMITTED USES: The PUD may be developed entirely as residential, entirely as commercial, or a mixture of residential and commercial uses. No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, within the Vincentian Village MPUD, for other than the following: TRACT MU—MIXED-USE DEVELOPMENT I. Principal Uses A. Multifamily and Townhome residential uses, up to 224 dwelling units. Residential development shall be limited to market-rate and Gap Housing units. Gap Housing shall be provided in accordance with the conditions and limitations set forth in Exhibit F. Developer Commitments, Paragraph VII, Gap Housing. B. Commercial Uses, subject to conversions in Exhibit B, Section III: Up to 250,000 square feet of gross floor area if the PUD is developed without residential dwelling units. If the PUD is developed with residential and commercial uses, the commercial uses shall not exceed 10 acres in size and 128,000 square feet of gross floor area. No single use shall exceed 65,000 square feet of gross floor area (GFA), with the exception of a group care facility, physical fitness facility, hotel, or department store, unless the single use is approved by the conditional use process outlined in the LDC. Commercial uses are further limited in this Section, I.B. 1. Accounting, auditing, and bookkeeping (8721). 2. Advertising agencies (7311). 3. Amusement and recreation services, (7911, 7922, community theater only), (7933, 7991, 7999 - miniature golf course, bicycle and moped rental, and yoga only). A recreational site for the use of the adjacent RV or mobile home parks may be developed on a maximum of three (3) acres of the PUD. 4. Apparel and accessory stores (5611-5699). 5. Architectural services (8712). 6. Auto and home supply stores (5531). 7. Automotive services (7549) except that this shall not be construed to permit the activity of"wrecker service (towing) automobiles, road and towing service." No outdoor paging or amplified sound systems shall be used. 8. Banks, credit unions and trusts (6011-6099). 9. Barber shops (7241, except for barber schools). 10. Beauty shops (7231, except for beauty schools). 11. Business consulting services (8748). Page 1 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx tCA 12. Business credit institutions (6153-6159). 13. Business services-miscellaneous (7311, 7322-7338, 7371-7379, 7384, 7389, except for except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories- telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, product sterilization, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, textile designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 14. Child day care services (8351). 15. Civic, social, and fraternal associations (8641). 16. Computer and computer software stores (5734). 17. Department stores (5311). Accessory fuel pumps for membership warehouse facilities subject to Section II, Accessory Uses, B.iv. 18. Drug stores (5912). 19. Eating and drinking places (5812 and 5813, excluding bottle clubs). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01. 20. Educational plants and services (8211, 8221-8222). 21. Essential services, subject to section 2.01.03 22. Food stores (groups 5411-5499). Accessory fuel pumps subject to Section II, Accessory Uses, B.iv. 23. Garment pressing, and agents for laundries and drycleaners (7212). 24. General merchandise stores (5331-5399). Accessory fuel pumps for membership warehouse facilities subject to Section II, Accessory Uses, B.iv. 25. Glass, Paint, and Wallpaper stores (5231). 26. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 429 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651; as defined in the LDC and all subject to section 5.05.04. of the LDC (hereinafter collectively or singularly referred to as "Assisted Living Facility"). 27. Hardware stores (5251). 28. Health services, offices and clinics (8011-8049, 8072, 8092, and 8099). 29. Home furniture and furnishings stores (5712-5719). 30. Home health care services (8082). 31. Hospitals (8062). 32. Hotels (7011, hotel only), limited to 150 rooms. 33. Household appliance stores (5722). 34. Insurance carriers, agents and brokers (6311-6399, 6411). Page 2 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx 0 35. Landscape architects, consulting and planning (0781). 36. Legal services (8111). 37. Management services (8741, 8742). 38. Medical equipment rental and leasing (7352). 39. Membership organizations, miscellaneous (8611, 8699 - excluding Humane society, animal). 40. Mortgage bankers and loan correspondents (6162). 41. Motion picture theaters (7832- except drive-in). 42. Museums and art galleries (8412). 43. Musical instrument stores (5736). 44. Nursing and personal care facilities (8051). 45. Photographic studios, portrait (7221). 46. Public administration(groups 9111-9199, 9229, 9311, 9411, 9451, 9511-9532, 9611-9661). 47. Public relations services (8743). 48. Radio, television and consumer electronics stores (5731). 49. Radio, television and publishers advertising representatives (7313). 50. Real Estate (6512, 6531-6552). 51. Record and prerecorded tape stores (5735), excluding adult-oriented sales and rentals. 52. Religious organizations (8661) with 10,000 square feet or more of gross floor area in the principal structure. 53. Repair services, miscellaneous (7629-7631, 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 54. Retail nurseries, lawn and garden supply stores (5261). 55. Retail services - miscellaneous (5921, 5941-5963 except pawnshops, 5992-5999 except auction rooms, awning shops, fireworks- retail, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 56. Security and commodity brokers, dealer, exchanges and services (6211-6289). 57. Shoe repair shops and shoeshine parlors (7251). 58. Social services, individual and family (limited to 8322 activity centers for elderly or handicapped only; day care centers for adult and handicapped only). 59. Surveying services (8713). 60. Tax return preparation services (7291). 61. Travel agencies (4724, no other transportation services). 62. United State Postal Service (4311, except major distribution center). 63. Veterinary services (0742, excluding outside kenneling). 64. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. II. Accessory Uses: Page 3 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD DOcument Final 5-15-15.docx �Pn Accessory uses and structures customarily associated with the permitted principal uses and structures permitted by right in this MPUD, including, but not limited to: A. Residential Accessory Uses: 1. Recreational uses and facilities that serve the residents of the PUD, such as swimming pools, tennis courts, bocce ball, volleyball courts, walking paths, picnic areas, dog parks, playgrounds, fitness centers, and recreation/amenity buildings. 2. Customary accessory uses and structures to residential units, including carports, garages, and utility buildings. 3. Temporary sales trailers and model units. 4. Entry gate and gatehouse. B. Commercial Accessory Uses: 1. Outside storage or display of merchandise when specifically permitted by the LDC for a use, subject to LDC Section 4.02.12. 2. One caretakers residence, subject to LDC Section 5.03.05. 3. Temporary display of merchandise during business hours provided it does not adversely affect pedestrian or vehicular traffic or public health or safety as determined by the County. Merchandise storage and display is prohibited within any front yard but allowed within the side and rear yards of lots. 4. Fuel pumps accessory to a grocery store or membership warehouse type facility, greater than 15,000 square feet of gross floor area, no closer than 300 feet to a residential use. 5. Fast food restaurants (with drive-through facilities), limited to two (2) restaurants. This limitation does not apply to coffees shops with on-site brewing. III. Conditional Uses The following use is permissible as a conditional use, subject to the standards and procedures established in section 10.08.00. 1. Automotive vehicle dealers (5511), limited to new automobile dealers only. TRACT L—LAKE & WATER MANAGEMENT FACILITIES: 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. Storm water management treatment, conveyance facilities, and structures, such as berms, swales, and outfall structures. 2. Passive recreational facilities in support of residential and/or commercial uses or for use by the adjacent Hitching Post Mobile Home Park, including but not limited to boardwalks, trails, pervious pathways, picnic areas, and recreational shelters. Should Page 4 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx such passive recreational facilities be developed, this shall not affect the maximum intensity or density permitted in this PUD. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. The stormwater lake depicted on the Master Plan (Tract L) shall be a minimum of 120 feet in width measured from the PUD boundary and inclusive of the perimeter landscape buffer easement and lake maintenance easement. TRACT P—PRESERVE: 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. Preservation of native habitat. B. Accessory Uses, allowed if additional acreage, above the minimum required, is provided in Tract P: 1. Storm water management structures. 2. Pervious and impervious pathways and boardwalks, consistent with LDC Section 3.05.07 H.l.h.i. 3. Shelters without walls. 4. Educational signage and bulletin boards located on or immediately adjacent to the pathway. 5. Benches for seating. 6. Viewing platforms. 7. Any other use which is comparable in nature with the forgoing list of permitted accessory uses, as determined by the Hearing Examiner by the process outlined in the LDC. The minimum width of Tract P, or Tract P and the stormwater management lake (Tract L) in combination, as depicted on the Master Plan, shall be 65 feet. DEVELOPMENT INTENSITY STANDARDS: Intensity of uses under any development scenario is limited to the two-way, unadjusted average weekday, pm peak hour trip entering/exiting generation of 1,107 total trips utilized in the TIS dated 10/18/13 (gross trips), allowing for flexibility in the proposed uses without creating unforeseen impacts on the adjacent roadway network. Page 5 of 16 C:\Users\ashton_h\AppData\LocalWlicrosoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx EXHIBIT B VINCENTIAN VILLAGE MPUD DEVELOPMENT STANDARDS The table below sets forth the development standards for residential and commercial land uses within Tract MU of the Vincentian Village MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. I. RESIDENTIAL & COMMERCIAL DEVELOPMENT STANDARDS CLUBHOUSE/ RECREATION MULTI-FAMILY TOWNHOUSE' BUILDINGS COMMERCIAL PRINCIPAL STRUCTURES MIN.LOT AREA 3,000 S.F.PER UNIT 1,800 S.F.PER UNIT N/A 10,000 S.F. MIN.LOT WIDTH 90 FEET 21 FEET N/A 100 FEET MIN.FLOOR AREA 1,250 S.F./D.U. 1,250 S.F./D.U. N/A 700 S.F.2 MINIMUM YARDS(External—measured from the PUD boundary)3 From Tamiami Trail and SW 50 FEET 50 FEET 50 FEET(Tamiami 50 FEET Blvd. Trail) 25 FEET(Southwest Blvd.) From adjacent RSF-4 zoned : 75 FEET 75 FEET 75 FEET 75 FEET property From adjacent MH zoned 75 FEET 75 FEET 25 FEET 75 FEET property From adjacent C-3 zoned 25 FEET 25 FEET 25 FEET 25 FEET property . MINIMUM YARDS(Internal—measured from internal lot lines) Min. Front Yard 20 FEET 4 20 FEET 4 20 FEET 10 FEET Min.Side Yard 15 FEET 0 or 10 FEET 15 FEET 10 FEET Min.Rear Yard 15 FEET 15 FEET 15 FEET 10 FEET Min.Preserve Setback 25 FEET 25 FEET 25 FEET 25 FEET Min. Lake Setback 5 20 FEET 20 FEET 20 FEET 20 FEET MIN.DISTANCE BETWEEN 15 FT or'A sum of 10 FT or'A BH, 10 FEET 20 FT or''Asum of STRUCTURES BH,whichever is whichever is greater BH,whichever is greater greater MAX.BUILDING HEIGHT 35 FEET 35 FEET 35 FEET 45 FEET NOT TO EXCEED(ZONED) MAX. BUILDING HEIGHT 42 FEET 6 42 FEET 6 42 FEET 52 FEET 7 NOT TO EXCEED(ACTUAL) MAX.FAR N/A N/A N/A 0.6 8 MAX.GROSS FLOOR AREA N/A N/A N/A 250,000 SF 9 ACCESSORY STRUCTURES FRONT SPS SPS SPS SPS SIDE 10 FEET 10 FEET I0 FEET 5 FEET REAR 10 FEET 10 FEET 10 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MIN.LAKE SETBACK 1° 5 FEET 5 FEET 5 FEET 5 FEET MAX.BUILDING HEIGHT SPS SPS SPS SPS NOT TO EXCEED(ZONED) MAX.BUILDING HEIGHT SPS SPS SPS SPS NOT TO EXCEED(ACTUAL) 1. Defined as a group of three or more units. Page 6 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SMIUSZQB\PUD Document Final 5-15-15.docx 2. Per principal structure,on the finished first floor;not applicable to Kiosks. 3. Dumpsters and dumpster enclosures shall not encroach into the stated perimeter PUD setbacks. 4. Front yards shall be measured as follows: — If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. — If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement(if not curbed). — If the parcel has frontage on two streets, the frontage providing vehicular access to the unit shall be considered the front yard.The other frontage shall be considered a side yard. — In no case shall the setback be less than 23 feet from the edge of an adjacent sidewalk, except in the case of side-loaded garages,designed such that a vehicle can be parked in the driveway in such a manner so as not to conflict with,or encroached upon,the adjacent sidewalk. 5. As measured from the Control Elevation. 6. Not to exceed two stories. 7. Commercial buildings located within 500 feet of US 41 may be developed at a building height of 50 feet zoned and 57 feet actual. 8. Applies to the following use:Assisted Living Facilities. 9. Subject to Land Use Conversion Factors,Exhibit B,Section III. 10. Zero feet if a 20' Lake Maintenance Easement is provided in a separate tract at time of platting. II. Design Standards A. Architectural Theme. i. All buildings, signage, landscaping, and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials throughout all of the buildings, signs, and fences/walls to be erected on the subject parcel. ii. Landscaping and streetscape materials shall also be similar in design throughout the subject site. An architectural plan shall be submitted concurrent with the first application for the Site Development Plan approval demonstrating compliance with these standards. B. Residential Amenities. The following amenities shall be provided in association with any residential development (other than a caretaker's residence), no later than issuance of the certificate of occupancy for the 92nd dwelling unit: i. Resort-style swimming pool. ii. Clubhouse. iii. Fitness center. iv. Dog park. v. Children's playground area/tot lot. vi. Tennis court or bocce ball court. vii. Gated entry. viii. On-site property management if developed as a rental community. ix. Fence, wall or hedge along adjacent public right-of-way (i.e. Tamiami Trail and/or Southwest Boulevard, as applicable). When planting a hedge, it shall include decorative columns minimum of 24" x 48", spaced no more than 30 feet on center, and a hedge a minimum of 30 inches in height at time of planting, that achieves 80 percent opacity and a minimum 4 feet in height within one year of planting. Page 7 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SMIUSZQB\PUD Document Final 5-15-15.docx (3 C. Residential Construction. For residential development, the following shall be required: i. Concrete Masonry Unit construction and stucco, or approved equivalent. ii. Cement or slate tile roof or approved equivalent. iii. Minimum 9-foot ceiling heights within first-floor of units. iv. Concrete pavers at entrance/exit. III. Land Use Conversion Factors: A. Commercial Only Development: Commercial uses shall be limited to a maximum of 250,000 square feet of gross floor area (GFA), one hotel (maximum of 150 rooms), and an assisted living facility (maximum FAR 0.6). Additionally, for every acre, or portion thereof, of hotel or Assisted Living Facility, the maximum allowable commercial GFA shall be reduced by 10,000 square feet or portion thereof for fractional amount under an acre. B. Mixed Use (Residential and Commercial) Development: The commercial portion of the project shall not exceed 10 acres in size and a maximum of 128,000 square feet of GFA of commercial uses, a 150-room hotel, and an Assisted Living Facility at a 0.6 FAR. Additionally, for every acre, or portion thereof, of hotel or Assisted Living Facility, the maximum allowable commercial GFA shall be reduced by 10,000 square feet or portion thereof for fractional amount under an acre. Residential density shall be limited to a maximum density of 7.3 units per acre, calculated on the gross acreage of the property, exclusive of any commercial portions, for a maximum of 224 multi-family and/or townhouse dwelling units. Page 8 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PU D Document Final 5-15-15.docx dative Vegetation and Open Space 1 C-5 ZONING Existin. Native Ve.etation■ 29.77Ac. GAS Min On-site Native Preservation Re.'d STATION 20' TYPE "D" WHISTLER'S 29.77x15%•4.46Ac. COVE - PUD Min Open Space Req'd(Comm.or Mixed-Use) LANDSCAPE 30.68 x 30% ceRequ Pad ,� BUFFER Min Open Space Required(Residential Only) 30.68x60% -18.41Ac JPG /jam f \ \ O �/�,20' TYPE "D" \�` l'• \\\\ \ TRAIL ACRES �O\J BUFFDERAPE \\ �ooG�..� RSF-4 ZONING ,.' 0 � \� 4077 �•9,� 200 400 `�2� O`�'� ,k14°°V/ \, \ 5 . , `. �/ TRACT "MU" s. MIXED USE \\Z„,.% N. . , , , LANDSCAPE BUFFER , EXISTING 15'U.E. PER LDC REQUIREMENTS ic,;,` ,� \\`.\ DEVIATION #2 EXISTING 15'U.E. -1 N\ ����WALL LOCATION POTENTIAL FUTURE I = a co s BIKEIPEO -L CL ■ �\ \ INTERCONNECTION ,. I Otis \• 15' TYPE "B" z' °ti ` LANDSCAPE I 2 4'1‘ \ \ \BUFFER 15' TYPE "B" 1 u) w \ .` LANDSCAPE a0 BUFFER c� = _ _ z cc \ TRACT "P" I o • PRESERVE TRACT �1 _ • Land Use Summary • EXISTING 15'U. ." LAKE Description Acreage Percent `\ Mixed-Use(Tract MU) 22.05 71.9% `• EXISTING 15'U.E. I J •Lake(Tract L) 4.17 13.6% • II Preserve(tract P) 4.46 14.5% TOTAL 30.68 100.0% `� EXISTING 15'U.E. r - -—- - TRAIL ACRES RSF-4 ZONING _~ MAXIMUM DWELLING UNITS:224 MAXIMUM GROSS FLOOR AREA:250,000 SF,SUBJECT TO LAND USE CONVERSION FACTORS,SEE EXHIBIT B,SECTION III. NMI 950 Encore Way VINCENTIAN VILLAGE MPUD DRAWN DATE R.M./P.M. 01/2014 Naples,FL.34110 DRAWR BV MK °A� 01/2014 MASTER PLAN CHECKED BY DAAE Phone:(239)254-2000 R.M./P.M. 01/2014 H OLE MONTES Florida Certificate of ,ERncNDCALE EI RSpWl61SSURVFMRS Authorization No.1772 EXHIBIT C R''''''3-23-2015 Page 9 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SMIUSZQB\PUD Document Final 5-15-15.docx 0 I- � 1- g w @ § \Ps 4 k o ■ » § 2 x ! E " # 1g *5 > + U s -- -- In ^ U / ZN— N— V) o w i z Q I • . � 2 k \ < , U > . ai c I- Li »0 w w - . ± Z Cn H. ‘Y41 Z 0 0 CO ®} 0 \ Z S 0 • X W si W \ § q �x U k k i 2 5 $ CI < / M g` 0 0 / 3 _ « O /})\\ \ /kk\o # » ( ,^o= / 22k\ 2 2~=� z > m 2 R \ �z z I 2 § 2 4C dce - ® II m z V R < 5 o U g G, } B ©BA % %< �- >� . �Li f \ . �5 # d . . � \ / ��� �e # L � ~ 4| ■ 2 0 o /s|�2 ) R Iti}// ; ■ + ■ 5-15-15.docx EXHIBIT D VINCENTIAN VILLAGE MPUD LEGAL DESCRIPTION A parcel of land located in Section 32, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 02°48'46" WEST ALONG THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 1718.03 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL) AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02°48'46" WEST ALONG SAID EAST LINE OF SECTION 32, A DISTANCE OF 884.02 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32 AND THE NORTH LINE OF LOTS FORMERLY IN TRAIL ACRES UNIT 3 AS RECORDED IN PLAT BOOK 3, PAGE 94 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (VACATED BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 189, PAGE 792); THENCE RUN NORTH 87°30'18" WEST ALONG SAID FORMER NORTH LINE OF TRAIL ACRES UNIT 3 AND THE NORTH LINE OF TRAIL ACRES UNIT 4 AS RECORDED IN PLAT BOOK 7, PAGE 103 OF SAID PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 695.96 FEET; THENCE RUN NORTH 39°04'37" WEST ALONG SAID NORTH LINE OF TRAIL ACRES UNIT 4 AND THE NORTH LINE OF SAID TRAIL ACRES UNIT 3, A DISTANCE OF 1081.98 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHWEST BOULEVARD; THENCE RUN NORTH 50°56'59" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1007.85 FEET TO AN INTERSECTION WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL); THENCE RUN SOUTH 39°03'26" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 77.05 FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 3210.55 FEET, A CENTRAL ANGLE OF 14°34'44" AND A CHORD BEARING AND DISTANCE OF SOUTH 46°20'49" EAST, 814.73 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE AND THE SOUTHERLY RIGHT-OF-WAY LINE, AN ARC DISTANCE OF 816.93 FEET TO THE SAID POINT OF BEGINNING. Subject to easements, reservations or restrictions of record. Page 11 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SMIUSZQB\PUD Document Final 5-15-15.docx -03 EXHIBIT E VINCENTIAN VILLAGE MPUD LIST OF REQUESTED DEVIATIONS FROM LDC Deviation l: From LDC Section 6.06.01.N, requiring a minimum right-of-way width of 60 feet for local street rights-of-way, to allow for a minimum 42 foot right-of-way internal to the proposed development. Deviation 2: From LDC Section 5.03.02.H Wall requirement between residential and nonresidential development, which requires, wherever a nonresidential development lies contiguous to a residentially zoned district, that a masonry wall, concrete or pre-fabricated concrete wall and/or fence be constructed on the nonresidential property, no less than 6 feet from the residentially zoned district, to allow the wall to be located more than 6 feet from the residentially zoned district, as generally depicted on Exhibit C, Master Plan. Deviation 3: From LDC Section 5.05.04.D.1 Group Housing, which establishes a maximum floor area ratio of 0.45 for care units, assisted living units, continuing care retirement communities, nursing homes, and dwelling units that are part of an aging-in-place living environment, to allow a maximum floor area ratio of 0.6 for an Assisted Living Facility. Page 12 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SMIUSZQB\PUD Document Final 5-15-15.docx GP' EXHIBIT F VINCENTIAN VILLAGE MPUD LIST OF DEVELOPER COMMITMENTS I. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the MPUD. At the time of this PUD approval, the Managing Entity is Global Properties of Naples, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the MPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the MPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. II. ENVIRONMENTAL The site contains approximately 29.77 acres of native vegetation, of which approximately 37 percent (11.12 acres) is covered with more than 75 percent exotic vegetation. For a commercial or industrial project within the Coastal High Hazard Area, 15 percent of existing native vegetation must be retained (15% of 29.77 acres = 4.46 acres). The preserve as depicted on the Master Plan contains 4.46 acres. For a residential or mixed- use project within the Coastal High Hazard Area, the minimum required is 25 percent, or 7.44 acres (25% of 29.77 acres). Therefore, at time of site development, the developer will either: A. Preserve all required native vegetation on-site (25% for residential only or mixed use, 15% for commercial only development), or B. Preserve a minimum of 15% of native vegetation on-site and mitigate for up to 2.98 acres (7.44 acres — 4.46 acres) of the on-site native vegetation preservation retention requirement off-site, either by monetary payment or by land donation, consistent with the provisions of the Vincentian Subdistrict of the Future Land Use Element of the Growth Management Plan and Section 3.05.07 H.l.f of the Land Development Code. Page 13 of 16 C:\Users\ashton_h\AppData\Local\Microso8\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx III. TRANSPORTATION A. Intensity of uses under any development scenario for the PUD is limited to the two-way, unadjusted, average weekday, pm peak hour trip entering/exiting generation of 1,107 total trips utilized in the TIS dated 10/18/13 (gross trips). B. Owner, its successor or assigns, shall convey a road right-of-way easement to Collier County, free and clear of all liens and encumbrances, for the widening of Southwest Boulevard for the purpose of constructing turn-lane improvements to service the Subject Property if turn lane improvements are required as a result of the development. The easement shall be at no cost to Collier County and shall be for the same width and length as the turn-lane improvements being constructed to service the Subject Property. Any required turn-lane improvements at the intersection of Southwest Boulevard and Tamiami Trail East shall be exempt from the compensating ROW provision. Developer shall have the option, so long as the improvements meet Collier County standards and subject to County approval, to construct and relocate the existing County stormwater and utility improvements on the East side of SW boulevard onto the subject property in lieu of any compensating ROW easement. Drainage and utility easements to accommodate these improvements will be conveyed by Owner to the County, at no cost to the County, free of any encumbrances or liens. The utilities and stormwater to be relocated shall only be in the area where the required turn lane improvements servicing the site are to be constructed. C. The owner and developer are responsible for actual construction costs associated with intersection improvements at Southwest Blvd. and U.S. 41 necessitated as a result of impacts from this development and proportionate share for signal upgrades. The owner and developer of Vincentian PUD are only responsible for modifications and intersection upgrades needed as a result of this development, which will not include any cost reimbursement for the traffic signal at Southwest Blvd. and US 41. IV. UTILITIES County water and sewer service is available via transmission mains located along US 41, Southwest Blvd and the eastern boundary of the subject property. The owner and developer are responsible for providing necessary connections to supply the site with County water and sewer service. V. PLANNING A. If the PUD is developed with residential uses only, the project will provide a minimum of 60 percent open space. Otherwise, the minimum open space shall be 30 percent. Page 14 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SMIUSZQB\PUD Document Final 5-15-15.docx B. The developer of any group housing or retirement community, its successors or assigns, shall provide the following services and be subject to the following operational standards for the units in the retirement community, including, but not limited to, independent living units, assisted living units, or skilled nursing units: Operational Characteristics for Senior Housing Senior housing may be composed of one or more types of care/housing facilities. These care/housing types are limited to independent living, assisted living, and skilled nursing units, each of which can have varying operational characteristics. The following characteristics of senior housing care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a senior housing care unit: • The facility shall be for residents 55 years of age and older; • There shall be on-site dining facilities to the residents, with food service being on-site, or catered; • Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; • There shall be an onsite manager/activities coordinator to assist residents who shall be responsible for planning and coordinating stimulating activities for the residents; • An on-site wellness facility shall provide exercise and general fitness opportunities for the residents; • Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; • Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. C. Landscape buffer easements (LBEs) are shown on the Master Plan within utility easements. At time of SDP, letters of no objection from all utility holders shall be obtained by owner or developer. If such approvals cannot be obtained, LBEs shall be relocated outside of utility easements. D. Tract P, Preserve, where it is dense enough to provide equivalent buffering per the LDC, may count towards minimum buffering requirements. The minimum width of Tract P, or Tract P and the stormwater management lake (Tract L) in combination, as depicted on the Master Plan, shall be 65 feet. Page 15 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx E. A 15' Type B Landscape Buffer is required if residential development occurs on the subject site adjacent to the Hitching Post Plaza property. F. The stormwater lake depicted on the Master Plan (Tract L) shall be a minimum of 120 feet in width measured from the PUD boundary and inclusive of the perimeter landscape buffer easement and lake maintenance easement. G. The Master Plan is conceptual in nature and is subject to modifications at time of Plans and Plat (PPL) or Site Development Plan (SDP) approval due to agency permitting requirements. H. For commercial uses, amplified sound shall not be permitted within 125 feet of the PUD perimeter boundary adjacent to RSF-4 or MH—Mobile Home zoning. In order to further buffer existing and potential new adjacent residential development from noise associated with amplified sound and outdoor dining areas, such areas shall be separated from existing and potential new adjacent residential development by the principal commercial structure and shall not break the side plane of the building. Amplified sound of any type shall be limited to the hours of 7:00 AM to 11:00 PM. These restrictions do not apply to drive-through ordering devices. Any deviation from this standard shall be approved by the conditional use process outlined in the LDC. I. If developed as mixed-use or commercial, at time of the first Site Development Plan, the developer shall provide, to the maximum extent feasible, internal connectivity through shared parking and cross-access agreements. VI. EMERGENCY MANAGEMENT If more than 92 dwelling units are constructed, the developer shall provide, prior to issuance of a certificate of occupancy for the 93rd dwelling unit, a new, quiet-running, extended run-time towable 45kw (minimum-kw) generator per Emergency Management's specifications. The towable generator will be a one-time developer contribution based on the number of units permitted at time of SDP to meet the hurricane mitigation impact for evacuation concerns. The generator specifications must be pre- approved by the Department of Emergency Management as the County has certain inter- operable standards and required safety options. VII. GAP HOUSING The Developer shall provide Gap Housing in accordance with the GAP Housing Agreement between the Board of Collier County Commissioners and the Developer. Page 16 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx 3f it. S LAS It./! ti i ''f',,,t I O's FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State June 16, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Anne Jennejohn, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 15-33, which was filed in this office on June 16, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us