Ordinance 2015-63 ORDINANCE NO. 15-6 3
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 INCLUDES 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 AN ESTATES (E) ZONING DISTRICT TO A COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO
ALLOW UP TO 40,000 SQUARE FEET OF GROSS FLOOR AREA OF
COMMERCIAL DEVELOPMENT ON A 5.19± ACRE PARCEL TO BE
KNOWN AS THE SOUTHBROOKE CPUD, LOCATED ON THE SOUTH
SIDE OF IMMOKALEE ROAD, EAST OF VALEWOOD DRIVE IN
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Steven J.
Bracci, Esquire of The Law Firm of Steven J. Bracci, PA representing HUB Condo Rentals,
LLC, petitioned the Board of County Commissioners to change the zoning classification of the
herein described 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 in Section 29,
Township 48 South, Range 26 East, Collier County, Florida, is changed from an Estates (E)
zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a 5.19±
acre parcel to be known as the Southbrooke CPUD in accordance with Exhibits A through G
attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps,
as described in Ordinance Number 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan amendment in Ordinance No. 2015- 62. becomes
effective.
[14-CPS-01402/1212066/1] 96 Page 1
Southbrooke CPUD-PUDZ-PL20140002077
Rev. 9/25/15
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this ipfh day of NOv eon 6e..r- , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT RocK, CLERK COLLIER COUNTY, FLORIDA
.............
. ,
fb e.. ,. • vtlYt By / e:edaiee.e...,
, De p 0_)(-"- erk TIM NANCE, Chairman
im
,test as 0 Plairman's
'sicmature onlit.
Approved as to form and legality:
c_.1
A_ ch
eidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A - Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E—List or Deviations
Exhibit F - Developer Commitments
Exhibit G—Typical Cross Section
nl:s ordinance filed with the
:..g=cretcry of Sects 0 ,,-
- r
13.4c:oy of pAo._,_, 7,1-Q/c-
cnd ocknow i,:.• a.L'Y
. , if 0 e -
, ,.., _ . _ _ -
[14-CPS-01402/1212066/1]96 Page 2
Southbrooke CPUD-PUDZ-PL20140002077
Rev. 9/25/15
a
EXHIBIT A
FOR
SOUTHBROOKE CPUD
PERMITTED USES
I. COMMERCIAL TRACT PERMITTED USES
The 5.18± acre commercial project shall be developed with a maximum of 40,000 square feet
of gross commercial floor area and shall consist of a maximum of two buildings not to exceed
20,000 square feet each. Restaurant and retail uses are prohibited. No business or service
shall be permitted to conduct business 24 hours per day. Business hours are permitted from
6:00 a.m. to 10:00 p.m. 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. Accounting (8721).
2. Adjustment and collection services (7322).
3. Advertising agencies (7311).
4. Architectural services (8712).
5. Auditing (8721).
6. Bookkeeping services (8721).
7. Business consulting services (8748).
8. Business credit institutions (6153-6159).
9. Commercial art and graphic design (7336).
10. Computer programming, data processing and other services (7371 - 7376,
7379).
11. Credit reporting services (7323).
12. Debt counseling (7299, no other miscellaneous services)
13. Direct mail advertising services (7331).
14. Engineering services (8711).
15. Health services, offices and clinics (8011-8049, 8071, 8092 and 8099).
16. Home health care services (8082).
17. Insurance carriers, agents and brokers (6311-6399, 6411).
18. Landscape architects, consulting and planning (0781).
19. Legal services (8111).
20. Loan brokers (6163).
21. Management services (8741 & 8742).
22. Mortgage bankers and loan correspondents (6162).
23. Personal credit institutions (6141).
24. Photographic studios, portrait (7221).
25. Public relations services (8743).
Southbrooke CPUD Revised 09/25/2015
Page 1 of jt,
26. Real Estate (6531-6552).
27. Secretarial and court reporting services (7338).
28. Security and commodity brokers, dealer, exchanges and services (6211-6289).
29. Tax return preparation services (7291).
30. Travel agencies (4724, no other transportation services).
31. Any other commercial use or professional service which is comparable in nature
with the foregoing uses, as determined by the Board of Zoning Appeals or
Hearing Examiner as applicable.
B. Accessory Uses/Structures:
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
1. Uses and structures that are accessory and incidental to the permitted
principal uses.
II. PRESERVE TRACT 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, subject to the issuance of regional, state and federal
permits, when required:
A. Principal Uses:
1. Preserves
B. Accessory Uses:
1. Uses permitted within preserves per the LDC.
2. Any other conservation and related open space activity or use that is
comparable in nature with the foregoing uses and which the Board of
Zoning Appeals or Hearing Examiner determines to be compatible in the
Preserve Tracts.
Southbrooke CPUD Revised 09/25/2015
Page 2 of 9 1`
EXHIBIT B
FOR
SOUTHBROOKE CPUD
DEVELOPMENT STANDARDS
Table I below sets forth the development standards for land uses within the CPUD. Standards
not specifically set forth herein shall be those specified in the applicable sections of the Land
Development Code (LDC) in effect as of the date of approval of the site development plan
(SDP) or subdivision plat.
TABLE I
DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 Sq. Ft. N/A
MINIMUM LOT WIDTH 75 Ft. N/A
MINIMUM YARDS (External)
From Immokalee Road 25 feet. SPS
Autumn Oaks Lane 69 feet. SPS
MINIMUM YARDS (Internal)
Internal Drives/ROW 10 Ft. SPS
Rear 15 Ft. SPS
Side 10 Ft. SPS
Preserve 25 Ft. 10 Ft.
MIN. DISTANCE BETWEEN STRUCTURES 30 Ft. 10 Ft.
MAXIMUM HEIGHT
Zoned 25 Ft.* 25 Ft.*
Actual 35Ft. 25 Ft.
MINIMUM FLOOR AREA 1,000 Sq. Ft. N/A
MAX. GROSS FLOOR AREA 40,000 Sq. Ft. N/A
SPS = same as principal structure
* Limited to one story.
Southbrooke CPUD Revised 09/25/2015
Page 3 of 9 r'
m zs o,sio[/si/s Udoo u.)3 Dew,soU.uwo\on nTTINIVx.00newnos-dies\ouuund-road\ouwund\snu\mo,ADD,
O
II
LU
CC
—�—z—� O W Q p w LL w CC Q
S ,!,D•n qq
N
• 0
CO
X o in M
Z O N ,
• v o
0 0 0 0 0
Q QQ (nw w < N<
ro c v K w K K
V'r > Q =
v o c *>* 0 CC 0
w
r-PLo O =
° Q
a`° w 0 5 LO
O o Z o Z
>- Pc ow w NO 0 V Z°
CC ¢¢Z
a 2 HWw > owawo c�7 m W c�a_N
w OF= Cr iz*p 2 2 0 Ham
a D N N N 5 r 5 0 = O m W m0
0 -i N 0)01- w Ov0 2C 2 C4 =F
Z w W ¢ h- Zaz z cva ¢ W wQo
O u > Z 0 g ti cn
P www
O Z 0 0 O CE
IL OZN rn
J Z N D in
Q Z W Ct
O
z0 co
win 45'
OF
OZ
II d �
Kiii
-15'WIDE •E' 'ND$CAE BIIFFF: �, g
c ---t
I ¢ JNIavo1 1 �1 . _
1 ' I I� J 1 ` I ce 9g r
a I a ► 1I
= zQ
I ( =ate 1, ;
iota �.,
1 I I �, I I
1 a I If I 1
I �1 .1� a
I I wI -N • 1 '
11' �' 1 0
Ci I v i mI H 0 w �► . 1 �I
QQI °' I QI qw g w '`I',�u'.4 4 81 win ® ��
(-2 J J Z w
,
I W 5 cc N =Z O J ' / Y , p LIJ N°Lu°I 1 -°I 2 2 H '>. OI D a A 5 I: 3f
m<I 0 I I a 0 0 w 1 2I
1. /
I s° a '1 ¢ o HH Hinz r
S I F- N LL CU
co
I I �' 0 Ow (40_
► 4 I o mo gao
I I /• • 1 p0 a-co 0
0 p
I ) ( oz aQ zga c: -
I � o Q J �oZ °=e
I' i 0 Xp awa� eeuy -
I 1 1 ,, 1 1 m N~p n¢
I II � N a¢F- =ow cs
Owavo •
1 wI-Wg 33C
800
w�• w0 Zwui
(
10'WIDE TYPE'B'LANDSCAPE BUFFER 1-..-45' Z a• o m o w
Q w Y Q R-I- Q~o
wW OQ 0HaH �z�
HK J o0 F--w wa
QQ OQ MZ 0X= win=
wZ � �2 Zaw� a�� Z
I- w Q XHZ OUwZ >00 u Q
LLJ o °w 0o() °Z< -in< w�wI-
N O(� u)w z Caw Q u)IFF-—ti Q
O Q = Q cc _10• 0,-,UO CC I— F-
LU i0 d aFQLJO F-zm W
Q ° 0 o
rn _O J O=Z w J X
N F-0Q 2F-I-2<w
w
I-
0 .— N N
Z ® j /`
EXHIBIT D
FOR
SOUTHBROOKE CPUD
LEGAL DESCRIPTION
TRACTS 51 AND 70, GOLDEN GATE ESTATES, UNIT NO. 97, IN ACCORDANCE WITH AND
SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 7, PAGES 95 AND 96, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 50 FEET THEREOF.
THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 225,827 SQUARE FEET OR 5.18 ACRES
OF LAND.
Southbrooke CPUD Revised 09/25/2015
Page 5 of 9
EXHIBIT E
FOR
SOUTHBROOKE CPUD
LIST OF DEVIATIONS
1. From LDC Section 6.06.02, Sidewalks, Bike Lane and Pathway Requirements, which
requires a development to construct a sidewalk on adjacent local streets to provide no
sidewalk or sidewalk connection to Autumn Oaks Lane.
2. From LDC Section 4.06.02, Buffer Requirements, which requires a commercial
development abutting an Estates zoned property to provide a 15' wide, Type B buffer,
to permit a 10'wide, Type B buffer, on the west boundary of the subject site.
Southbrooke CPUD Revised 09/25/2015
Page 6 of 9 _-
EXHIBIT F
FOR
SOUTHBROOKE CPUD
LIST OF DEVELOPER COMMITMENTS
Regulations for development of the Southbrooke CPUD shall be in accordance with the
contents of this CPUD Document and applicable sections of the LDC and Growth Management
Plan (GMP) in effect at the time of issuance of any development order to which said
regulations relate. Where this CPUD Ordinance does not provide development standards, then
the provisions of the specific sections of the LDC that are otherwise applicable shall apply.
A. ENVIRONMENTAL
A minimum of 0.47 acres (4.74 x .10 = 0.47) of native vegetation are required to be
retained as preserve for the PUD.
B. PUD MONITORING
One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring
until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD
commitments until close-out of the PUD. At the time of this PUD approval, the
Managing Entity is Southbrooke Partners 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 that needs to be approved for legal sufficiency by
the County Attorney. After such approval, the Managing Entity will be released of its
obligations upon written approval of the transfer by County staff, and the successor
entity shall become the Managing Entity. As Owner and Developer sell off tracts, the
Managing Entity shall provide written notice to County that includes an
acknowledgement of the commitments required by the PUD by the new owner and the
new owner's agreement to comply with the Commitments through the Managing
Entity, but the Managing Entity shall not be relieved of its responsibility under this
Section. When the PUD is closed-out, then the Managing Entity is no longer responsible
for the monitoring and fulfillment of PUD commitments.
C. LANDSCAPING
The owner shall install a minimum 6-foot high masonry or precast wall adjacent to the
southernmost parking area and extending north along the eastern property line as
depicted on Exhibit C. The water management area south of the wall shall include
supplemental Bald Cypress tree plantings (10' — 12' height at time of planting),
alternating between landscape clusters and open space to provide additional project
screening. The preserve area shall be supplemented with vegetation necessary to
achieve 80 percent opacity within 12 months of planting at a minimum height of 6 feet.
Additionally where exotic vegetation is to be removed from the preserve the owner
shall include shrub-like native species, such as Wax Myrtle, Cocoplum, Green
buttonwood, Sabal palms, Myrsine, and/or Live Oak plants, in order to increase opacity.
A typical cross section is attached as Exhibit G.
Southbrooke CPUD Revised 09/25/2015
Page 7 of 9 `''
D. TRANSPORTATION
1. The Owner, or its successors and assigns, shall construct a right ingress turn lane
at the site's access point on Immokalee Road, which may be placed in the
County right of way. A right of way permit will be required and the turn lane
and all other improvements will be designed and constructed pursuant to
County standards. If the County needs additional right of way now or in the
future to accommodate any future turn lane, curbing, traffic signs, street lights,
transit stops, sidewalk, drainage and utility improvements determined needed
by County including slope and clear zones, owner or its successors and assigns,
will convey to County road right of way up to the width and size of the County
right of way used by Owner for its right ingress turn lane. Owner or its
successors and assigns, will convey the road right of way to County at no cost to
County within 60 days of County's written request, free and clear of all liens and
encumbrances. County may make more than one request for right of way and
owner shall convey the requested right of way to compensate for Owner's use
of the County's right of way. Owner, or its successors and assigns, shall have
the option to construct a retaining wall, subject to the County's approval of the
design and placement, on Owner's property outside of the existing road right
of way with handrails to reduce the size of the right of way needed by County.
2. Ingress/egress is permitted only from and to Immokalee Road.
3. Only one access point to Immokalee Road shall be permitted.
E. OTHER
1. A minimum 6' high (above parking lot grade) staggered, concrete decorative wall
immediately adjacent to parking lot, extending along the south and east borders
of the project shall be installed as depicted on the conceptual Master Plan.
2. Buildings shall be single story with Galvalume or tile roof(no asphalt shingle).
3. Lighting standards will be required at time of SDP approval and shall
demonstrate that fixture heights for parking areas shall be limited to 15 feet in
height and shall be shielded to protect neighboring residential properties from
direct glare.
4. Issuance of a development permit by a county does not in any way create any
rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of
the permit if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law.
5. All other applicable state or federal permits must be obtained before
commencement of the development.
Southbrooke CPUD Revised 09/25/2015
Page 8 of 9
EXHIBIT G
FOR
SOUTHBROOKE CPUD
u,
:R''
U
F--
v ?
) •Z 0
I--
• 0
c5 oe(....).L.L., z
0 cNI 0 (z)
. <
ce 1 LU
0
C.CD
U-J
Z CD 1 i_
—J ..
.._
•.. .... 1 .-
(/) 0- 3N11 A1N3d0Ncl
Lu
o <
< c;
0
Z
}—
F -
4: ci CZ V LU
CN 0 (f)
<
LU <
LLJ
\ ,I. ce
,-, <
.,'
Z
LLJ
up
, . Z U
I— 4 f..., -) —<
U t:•,,(-6• •
En < 12 Z
1— .1- ce l'ikA-- ;,-,r• <<
Z si
2 1 H.
UJ ....... LLI
D1 > „._„-..
,--70,,,,,,,‘K,5_,_ fre,Thr.\\2_
X LU Z 2 oe if I-
I—(3—
—
u_<2 z 1 (A \-,,
0 7 t-- — 1 Lu
' e i , .? (f,-,J 's
e ,. p, ('N.,-' 0...
>.
U Z
Z >- '-)t' '• .t.,„.----..' I-
1=De C u_I I-
, ,....-- Z
=6'C
---7 r---,
Z
z—I--•—• ; I-
F—Z>L') _ ce
A 1-
< LU L-1-1
<
I--
Cas)
LU<<* — •''.Z V)
I < LL.1
u-I--—IC 1
I-
- >1 m •............
LO I-1-1
(A<Z U —J
Lu 1-L-I uj C - 1 1
' <
1— , a. cc '`\'' 1
0
Z 1,1
tl.
-----
1'\•
o-iii:ir!pli,
40
4-;
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
November 13, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Teresa Cannon, BMR Senior 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. 15-63, which was filed in this office on November 13,
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