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Agenda 04/23/2013 Item #17B
4/23/2013 17.B. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 06 -42, the Brooks Village Commercial Planned Unit Development (CPUD), 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. [PUDA- PL20120002136] OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this PUD amendment petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner, Sembler Family Partnership 441, Ltd, is asking the BCC to consider an application for an amendment to the existing PUD zoned project known as the Brooks Village Commercial Planned Unit Development (CPUD). The petitioner owns the shopping center parcel and two of the undeveloped parcels covered by the PUD. The western- most outparcel along Pine Ridge Road is owned by Fifth Third Bank. The approved Brooks Village CPUD is a 22.74=L acre existing shopping center anchored by a Publix grocery store. There are 3 remaining undeveloped out parcels fronting on Pine Ridge Road in the southwest quadrant of the intersection of Collier Boulevard (CR -951) and Pine Ridge Road (CR -896). The CPUD zoning was approved in Ordinance No. 06 -42 on September 26, 2006 to allow for up to 105,000 square feet of intermediate commercial and retail uses with the caveat that no single use may exceed 60,000 square feet of gross leasable floor area. The proposed changes are summarized below (taken from the application material): • Add a right -in access from Pine Ridge Road; • Modify the existing Development Standard 3.3.I from the "ingress only" access limitation to a "single access point" on l lth Avenue; • Eliminate existing Developer Commitment 5.8.0 related to monetary County Affordable Housing Trust donation affecting the three (3) remaining undeveloped out - parcels; • Modify the existing Development Standard 3.3.H limiting hours of operation from the existing 6:00 am to midnight timeframe to allow 24 hour commercial activities on the Packet Page -1776- 4/23/2013 17.B. two (2) remaining undeveloped out - parcels owned by the petitioner; deliveries would remain time -framed from 6:00 am to 10:00 pm; • Eliminate existing Developer Commitment 5.8.D related to tree plantings on both sides of 1 Ith Avenue, previously installed then replanted elsewhere onsite at the County's request; • Recognize the 2.42 acre dedication toward County right -of -way without requiring further amendments to the boundary of the PUD in associated materials; and • Recognize lot splits that have occurred (in Master Plan). Because this PUD is already partially developed and partially owned by others, the petitioner is only amending Ordinance Number 06 -42. The petitioner is providing the proposed changes in a strike thru/underline format, showing the new information in underlined text and showing the text to be removed in a strike thru format. No new deviations are being sought as part of this amendment. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is located within the Neighborhood Center Subdistrict of the "Estates" Future Land Use designation, as identified on the Golden Gate Area Master Plan Future Land Use Map (FLUM) of the Growth Management Plan. Please refer to the staff report prepared for the Collier County Planning Commission for a complete analysis of GMP issues. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the Conservation and coastal Management Element (CCME). Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. Packet Page -1777- 4/23/2013 17.B. COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: The CCPC heard this petition on February 21, 2013 and found that the criteria of Section 10.03.05.I and 10.02.13B.5 were met. By a unanimous vote (6 to 0) [Commissioners Vonier and Keene absent) with the motion made by Commissioner Klein and seconded by Commissioner Homiak, the CCPC recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following changes to the PUD document: 1) The petitioner shall revise the Master Plan to name the outparcels along Pine Ridge Road to A, B and C; and 2) The petitioner shall revise the Master Plan to remove the 5 -foot measurement for sidewalks to be built by the county along Pine Ridge Road; and 3) The petitioner shall revise the Master Plan to move the right turn arrow along Pine Ridge Road; and 4) The petitioner shall revise the PUD document Section 3.3 H for Parcels A and B to address 24 hour limitations for Eating Places, and to address outdoor amplified sound except for drive -thrus or any amplified sound required by law such as speakers at gas stations; and 5) The petitioner shall revise the PUD document Section 5.7.E to add the words "design modification" within the sentence that begins, "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," and 6) The petitioner shall revise the PUD document Section 5.7.E to add the missing dollar amount prior to BCC approval; and 7) The petitioner shall revise the PUD document to remove the term "complied with" where it occurs, thus allowing the PUD monitoring process to assure compliance; and 8) The westernmost outparcel along Pine Ridge Road, Outparcel C, shall be removed from consideration of a 24 hour operation. These revisions have been incorporated into the PUD document that is included in the draft ordinance. No correspondence in opposition to this petition has been submitted for the current proposal; no one spoke at the CCPC hearing voicing opposition to the project and the CCPC vote was unanimous. Therefore, this petition can be placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing Brooks Village Commercial Planned Unit Development CPUD (Ordinance No.06 -42). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set Packet Page -1778- 4/23/2013 17.B. forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for CPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed CPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with CPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed CPUD Rezone be appropriate considering the existing land use pattern? Packet Page -1779- 4/23/2013 17.B. 11. Would the requested CPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed CPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and Packet Page -1780- 4/23/2013 17.B. implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art. Il], as amended. 26. Are there other factors, standards, or criteria relating to the CPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. An affirmative vote of four is required for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approve the request subject to the attached PUD Ordinance that includes both the staff recommendation and the CCPC recommendation. Prepared by: Kay Deselem, AICP, Principal Planner, Planning & Zoning Department, Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Application Backup Information 3) Ordinance Packet Page -1781- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.B. 4/23/2013 17. B. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 06 -42, the Brooks Village Commercial Planned Unit Development (CPUD), 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. [PUDA- PL20120002136] Meeting Date: 4/23/2013 Prepared By Name: DeselemKay Title: Planner, Principal,Engineering & Environmental Ser 4/2/2013 8:53:28 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 4/2/2013 9:20:36 AM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 4/2/2013 9:28:24 AM Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 4/4/2013 3:15:26 PM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Packet Page -1782- Date: 4/10/2013 2:00:49 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/10/2013 4:43:17 PM Name: KlatzkowJeff Title: County Attorney Date: 4/11/2013 8:46:14 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 4/12/2013 2:07:22 PM Name: OchsLeo Title: County Manager Date: 4/12/2013 2:43:12 PM Packet Page -1783- 4/23/2013 17.B. 4/23/2013 17.B. Co ter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collieEg2 .net APPLICATION FOR PUBLIC HEARING FOR: Z AMENDMENT TO PUD (PUDA) ❑ PUD REZONE (PUDZ) ❑ PUD TO PUD REZONE (PUDZ -A) PETITION NO PROJECT NAME DATE PROCESSED To be completed by staff INFORMATION APPLICANT NAME OF APPLICANT(S) SEMBLER FAMILY PARTNERSHIP #41, LTD ADDRESS: 5858 CENTRAL AVENUE, ST. PETERSBURG FL 3 3707 -1 728 TELEPHONE # 727- 384 -6000 CELL # FAX # 727 - 343 -4272 E -MAIL ADDRESS: NAME OF AGENT PATRICK VANASSE, AICP; RWA. INC. ADDRESS 6610 WILLOW PARK DRIVE, SUITE 200 CITY NAPLES STATE FL ZIP 34109 TELEPHONE # 239 - 597 -0575 CELL # FAX # 239 - 597 -0578 E -MAIL ADDRESS: PVANASSE(C)CONSULT- RWA.COM NAME OF AGENT R. BRUCE ANDERSON. ROETZEL & ANDRESS ADDRESS: 850 PARKSHORE DR TRIANON CTR. 3RD FLOOR CITY NAPLES STATE FL ZIP 34103 TELEPHONE: # (2391 649 -2708 CELL # FAX # (239) 261 -3659 E -MAIL ADDRESS: BANDERSON(a)RALAW.COM NAME OF AGENT DAVID A. DAVIS DEVELOPMENT MANAGER THE SEMBLER COMPANY ADDRESS 5858 CENTRAL AVENUE CITY ST. PETERSBURG STATE FL ZIP 33707 -1728 TELEPHONE # 727.384.6000 CELL # FAX # 727.345.4937 E -MAIL ADDRESS: DAVID.DAVIS(a)SEMBLER.COM February 4, 2011 Packet Page -1784- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 4/23/2013 17.B. Co per County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. APPLICANT INFORMATION Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http : / /www.colherLov.net/Index.aspx ?page =774 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: HOMEOWNERS ASSOCIATION OF GOLDEN GATE MAILING ADDRESS 2335 TAMIAMI TRAIL SUITE # 308 CITY NAPLES STATE FLORIDA ZIP 34103 NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: GOLDEN GATE AREA CIVIC ASSOCIATION MAILING ADDRESS P.O. BOX 990596 CITY NAPLES STATE FLORIDA ZIP 34116 February 4, 2011 Packet Page -1785- 4/23/2013 17.B. J COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net Disclosure of interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address % of Ownership C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address % of Ownership February 4, 2011 Packet Page -1786- 4/23/2013 17.B. Co per County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.net February 4, 2011 Packet Page -1787- 4/23/2013 17.B. C® per County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collieroov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address % of Ownership Sembler Family Partnership #41, LTD 100% Limited Partners: Melvin F. Sembler, Trustee of the Melvin F. Sembler Family Trust 24.25% Brent W. Sembler, Trustee of the Brent W. Sembler Family Trust 24.25% Gregory S. Sembler, Trustee of the Gregory S. Sembler Family Trust 24.25% Craig H. Sher, Trustee of the Craig H. Sher Family Trust 24.25% Ronald P. Wheeler 2.00% General Partner: Sembler Retail II, Inc. 1% e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address I % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address February 4, 2011 Packet Page -1788- 4/23/2013 17.B. Co per County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliernov.net g. Date subject property acquired _November 14. 2006 leased ❑ Term of lease yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each.district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range 15/49S/26E Lot: Block: Subdivision: Plat Book Page #: Property I.D 24825000025, 24825000038, 24825000106 24825000122 24825000041 .24825000067,2482500008 Metes & Bounds Description: SEE ATTACHED LEGAL DESCRIPTION Size of property: ft. X ft. = Total Sq. Ft. Acres: 22 +/- Acres Address /general location of subject property: SW Quadrant of the intersection of Pine Ridge Road and Collier Blvd. PUD District (LDC 2.03.06): ❑ Residential ❑ Community Facilities ® Commercial ❑ Industrial February 4, 2011 Packet Page -1789- 4/23/2013 17.B. A eer aunty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net ADJACENT ZONING AND LAND USE Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page). Section /Township /Range —/—/ Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: REZONE REQUEST This application is requesting a Zoning Amendment to the existing the CPUD zoning district(s) Present Use of the Property: SHOPPING CENTER WITH OUT PARCELS Proposed Use (or range of uses) of the property: NO CHANGE Original PUD Name: SAME — BROOKS VILLAGE Ordinance No.: 06 -42 February 4, 2011 Packet Page -1790- Zoning Land Use N E, C -3 Improved Commercial, Single - family residential S E Single - family residential W E Single - family residential E E Single - family residential Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page). Section /Township /Range —/—/ Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: REZONE REQUEST This application is requesting a Zoning Amendment to the existing the CPUD zoning district(s) Present Use of the Property: SHOPPING CENTER WITH OUT PARCELS Proposed Use (or range of uses) of the property: NO CHANGE Original PUD Name: SAME — BROOKS VILLAGE Ordinance No.: 06 -42 February 4, 2011 Packet Page -1790- 4/23/2013 17.B. 00r C;014nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.13) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. SEE ATTACHMENT A 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. SEE ATTACHMENT A 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub - district, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub - district, policy or other provision.) SEE ATTACHMENT A 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. SEE ATTACHMENT A 5. The adequacy of usable open space areas in existence and as proposed to serve the development. SEE ATTACHMENT A 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. SEE ATTACHMENT A February 4, 2011 Packet Page -1791- 4/23/2013 17.B. Co ler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net 7. The ability of the subject property and of surrounding areas to accommodate expansion. SEE ATTACHMENT A 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. SEE ATTACHMENT A February 4, 2011 Packet Page -1792- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 4/23/2013 17.B. Co ter County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes ® No If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ® No If so, please provide copies. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessaLy information to continue Drocessina or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 10.03.05. 0.) February 4, 2011 Packet Page -1793- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 4/23/2013 17. B. Ca 7ier Caunty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net APPLICANT INFORMATION NAME OF APPLICANT(S) SEMBLER FAMILY PARTNERSHIP #41 LTD ADDRESS 5858CENTRAL AVENUE, ST. PETERSBURG, FL 33707 TELEPHONE # 727- 384 -6000 CELL # FAX # 727 - 343 -4272 E -MAIL ADDRESS: NA ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): SW CORNER PINE RIDGE ROAD AND COLLIER BLVD. LEGAL DESCRIPTION Section /Township /Range 15/49S/26E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 24825000025, 24825000038, 24825000106, 24825000122, 24825000041 ,24825000067,24825000083 Metes & Bounds Description: SEE ATTACHED LEGAL DESCRIPTION TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM ❑ b. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME c. PACKAGE TREATMENT PLANT ❑ (GPD capacity) d. SEPTIC SYSTEM ❑ TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (WELL) ❑ February 4, 2011 Packet Page -1794- 4/23/2013 17.B. co ,- county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net TOTAL POPULATION TO BE SERVED: 95,350SF PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK 14.302 GPM AVERAGE DAILY 9535 GPD B. SEWER -PEAK 14.302 GPM AVERAGE DAILY 9535 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED _Service already exists. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. February 4, 2011 Packet Page -1795- 4/23/2013 17.B. C� te-r C01 my COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.net AFFIDAVIT We /I, being first duly sworn, depose and say that we/[ am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /I further authorize any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner to act as our /my representative in Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of 20 by who is personally known to me or has produced as identification. State of Florida (Signature of Notary Public — State of County of Collier Florida) Print, Type, or Stamp Commissioned Name of Notary Public) February 4, 2011 Packet Page -1796- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 4/23/2013 17.B. Co per C074ftty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliernov.net COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for planned unit development ( PUD) zoning. We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Signature of Property Owner Printed Name Signature of Property Owner Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this day of , 20_ by who is personally known to me or has produced as identification Print, Type, or Stamp Commissioned (Name typed, printed or stamped) February 4, 2011 Packet Page -1797- 4/23/2013 17.B. COT per County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collieEq2v.net PUD AMENDMENT (PUDA) — PUD REZONE (PUDZ) — PUD TO PUD REZONE (PUDZ -A) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF REQUIRED REQUIRED NOT ST,ANDAitD REQUlitEMFNTS... � 1 Additional set if located in the Bayshore /Gateway Triangle Redevelopment Area) x Copies of detailed description of why amendment is necessary 16 ® ❑ Completed Application with list of Permitted Uses; Development Standards Table. List of proposed deviations from the LDC (if any); List of Developer Commitments (download application from website for current form) 16 ® ❑ PUD Conceptual Master Site Plan 24" x 36" and One 8 Y2" x 1 1" copy 16 ❑ Revised Conceptual Master Site Plan 24" x 36 "and One 8 1/2" x 11 " copy ® ❑ Original PUD doc ord and Master Plan 24" x 36" — ONLY IF AMENDING THE PUD 1 ® ❑ Revised PUD DOCUMENT with changes crossed thru & underlined ® ❑ Revised PUD application w amended Title page w ord #'s, LDC 10.02.13.A.2 ❑ ❑ Justification /Rationale for the Deviations (must be on a separate sheet within the application please DO NOT include it in the PUD documents) 16 ® El Co ies of the following., Deeds Legal's & Survey (if boundary of original PUD is amended) 3 ❑� ❑ List identifying Owner & all parties of corporation 2 ® ❑ Owner Affidavit signed & notarized 2 ® ❑ Covenant of Unified Control 2 ® ❑ Completed Addressing checklist 2 Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 2 ❑ Historical Survey or waiver request 4 ❑ Utility Provisions Statement 4 ® ❑ Architectural rendering of proposed structures 4 ❑ Survey, signed & sealed 4 ❑ Traffic Impact Statement (TIS) with applicable fees. For TIS guidelines & procedures refer to httr)://www.collieraov.net/Index.aspx?12aae=566 ❑ Recent Aerial Photograph (with habitat areas defined) min scaled 1 " =400' 5 ❑ Electronic copy of all documents in Word format and plans (CDRom or Diskette) 2 ® ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ LLJ School Impact Analysis Application — residential projects only (download the School Impact Analysis Application from website) 3 ❑ ❑ If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas - Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239 - 690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.a.(b)i.c. February 4, 2011 Packet Page -1798- 4/23/2013 17.B. L FID41"T _ T Greropl, S ,;Ofibler f2'reshAvd) qI*--'3'emhIqr- Fandly fadwership- f,mi, Teeing firsi duly v%vrn, clqpme and sw,! that Sembler Fa nwlj� i Padr ja #41. Ud s� wjhL of prxr qf the Wopertv descriW herein and which is the subjew malmr of the p-c.'P&scc! hertr ir tiv art Mic answers !o thm quemionA m this appliciatom Adudi?W- the eftscImwe .f interest inform4on, at! swches. datei. am' ofhermipplcmenr&## ,, Ynam-Y, atached tj wid maife, a pari f!-,' rhis ar-ph eat ion. are honest aO trite it, the best of our kno svlt,4-�e tvid belie U;'c,'l um-kestand thr► the infiarmamm requested On Ow ;Ij?lxCdiOIz may IV WvIi-xCurole andthw the mmew LI/Af--fib "m w"hts-ther Computer geewretfea Oe Comn, prirtteu shalt nor bL altered Public heanngs, will not be ad►rrised until this arnplirwilon zs dc,;m,-.d complve, anti all required h#b?mWjwi has been submiaed .15 property erne,, erne,, Jfurt&r mithorize Dave.0gris of the Sembler 4' and R B-=c,&ndv,.von of kaetml & jn&-evs LP• to art ery my irpresawairre 107 aM� maiter. rv,,-,qvdmg this Pefition. (Awn' -3, S SembIv — 7iped or Przrwrcd; me qf OK-tm- Thp-MI-egoing mtrumery jj,,qs acknMedged befm me lhlv , Clew of M2, t who to me or ha&,produced WN 'd A 4 Smile of F'lm i4u (Signature of Mmar► Public - Suite of 11 londs) COUNII, Of.polell'as N(Iftr; Star-IM. Notary Aubhr - SWa *t Gomm, Expm Avg 8S. 2CJS Cum Mika OF EE SUAQ Packet Page -1799- 4/23/2013 17.B. COVENANT T mOF VNI ll -D CON" TIROL `nul du hc!etn st;car urafftrm that they amt tht; Wopett. -- ck- m-r -of.oxord or proper y cwmnual as Srov.U` ilb% e, Polio fs.?�18'',.,FrfMGO_'S..'�1� �1im�l0ad_? t}!att ;t'a 5+14t �� 3,id legally dewrikrtd in LAWN A att i`he'i berm. Tlrt; )xuperty cinmrined ht e m is the subject of an 4 phim m n for n r'l.'D Ame.,Qh at. ';Ne bucb-y tksignttts DemV. 1-mm. 17imlopirimt Manar;r, Switrlex Fam-Ily PwInershxp #41. Ltd.a as tlr,. 1rgak repmseafto of the pixrxrtf Va..' ab +stench- this individual is rutltori: ed to legally bind all 9micif, of Mme property in the colds a of wtking tuts rtoxisa;.:- bpprovAs to JebYiop This viboray uiahiries, but is not limitw hung, mid raathorrah"011 of upnks to as<: : ir, the prepmatioa of appli, zabom, plans„ survey., and stt nv; se- s -t:, otoin waing apfrtrval w for site. rnec repro- 4entadiv % ,*111 rmis -ma tb vnly entity to autfmanze d elopwaat activity mt the proldm -y until starl, time w. a new or wr led eovtnamt of unified com ml is & verej . to Collier. Cowry Ta undersipte -I IC-- ,ottimlzC the K*lir ing and will be guided ac=d igtt- hi the wtrbait of devz1opmcni of the piglzct: ?. 'Me p.+opert,, twJ1 be developzd and usc-3 in confornii!y .q, -rth, the apprsved Rezoning ir!cluding A condlt_nns placed or the dcvtlupniud and all tx mmiltmEtit°. agreed to by floc appliaamit ter :Ysnnmstio,s -with the.F:i"<:�nms . "c Vio legal mpresctuative iAieatifiied herein is Yespws;bee fcrr° compl:rattce'with all terms;. condstioa . sategaard , aiid suptrlations made at thz tins of approval of the kE3or itig, eten if the piopcM., is suhsey rand T sG d i_n wfiole or m part, wdess ana wdil a ni m: or wn- -nded c ovPmni- of unified cumroi i dciiwred to moo mmole a h,.. f. A. mbaWwe from the pmvtsicmrrn ofthr apr4omi slam or a failure to seism -aly w*b any mequirtru m :;mmr?mttort,. or saf�uar ds pmxivuled for to flee Red, -emip* pna:r.ss w tl r ort,;tR:nte a v;olatiort of Lents f: emi�oprt�..rtt trot... a. All tests and ctnidmons of the P%zDntng aipmm -al will be incorpom'mmled m to c°ovcnatttt and n-�tn,- iiorts kris' run with the land 3o as to provide notRCe to satrsectueot wams thiat all develolmient xtivny within tL-- r-rzmiAg iniistbe moods ant mth those trams =d rondos.?+ . So long as thL; cove mm r. m f ace., Collier Coum } am. timm the di:snoie "ry ti; r-tyrtco mplrani.4 With time te1T" safegueida, att-I condtit,n. of the planrcd Quit devetcpmeol; sack eq,sitan�lc relief as neE=my to comooi cmrnpliance. The County vmill nmit isu%e pzmts, remfivates. or liseu4% to omWy or use wy part or the Ftz ning and Litz t owity may soup ongroni; c m m— action aw—vity vatil the pjujm-c ms br %A %ht iht6 Cm3frm}� ii :C %xtb, all terms. cvWitaow, and safe .guard-; of the R,e oning •O k + xr Wry Sembldr Sembler Family Partnership V.1 Ltd. STATE OU (Flandlma) CO UN"r r OF tl'iftlles) S*%y s to •and turrcribed before me this Z dry of _a1... s , � 47 1 (r.otar• Ftioh.) NJ Co'tltmt `� F:,X?IR£S �.� kvilo is p:- mondlly knowm to tot:, wno fry p>`Wuccd as idivitirl "'k rt and did take, ars Oath v ` rim trot tr:E<� rrt lhsth S-i 'ao!xia ; tr�,r Crirrt�. arrirrs,�y 49.2:;t5 r,M is -- &Iwpi% r -,V"&N - :tun. +3ut1VBR -O 11;1 r D motn�.;' 20I 2 -i 1 -1± t % %UUAK rA LaWkw W00 -- Packet Page - 1800 - 4/23/2013 17.B. 2012 LIMITED PARTNERSHIP ANNUAL REPORT DOCUMENT# A05000001124 Entity Name: SEMBLER FAMILY PARTNERSHIP #41, LTD. Current Principal Place of Business: 5858 CENTRAL AVENUE ST. PETERSBURG, FL 33707 Current Mailing Address: 5858 CENTRAL AVENUE ST. PETERSBURG, FL 33707 FEI Number: 20- 2668296 Ffl Number Applied For( ) Name and Address of Current Registered Agent: SEMBLER, GREGORY S 5858 CENTRAL AVENUE ST. PETERSBURG, FL 33707 US FILED Apr 27, 2012 Secretary of State New Principal Place of Business: New Mailing Address: FEI Number Not App6cebb ( ) Certificate of ftitus Desired ( ) Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE Electronic Signature of Registered Agent Date GENERAL PARTNER INFORMATION: ADDRESS CHANGES ONLY: Document *: P05000031019 Name: SEMBLER RETAIL 11, INC. Address: 5858 CENTRAL AVENUE Address: City -St -ZIP: ST. PETERSBURG, FL 33707 CRY-a_ZP; 1 hereby certify that the information indicated on this report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a General Partner of the limited partnership or the receiver or trustee empowered to execute this report as required by Chapter 620, Florida Statutes. SIGNATURE RONALD P. WHEELER V 04/27/2012 Electronic Signature of Signing General Partner Date Packet Page -1801- 4/23/2013 17.B. 2012 FOR PROFIT CORPORATION ANNUAL REPORT DOCUMtENT# P05000031019 Entity Name: SEMBLER RETAIL II, INC. Current Principal Place of Business: 5858 CENTRAL AVENUE ST PETERSBURG, FL 33707 Current Mailing Address: 5858 CENTRAL AVENUE ST PETERSBURG, FL 33707 FEI Number: 20- 2425828 FEI Number Applied For ( ) Name and Address of Current Registered Agent: SEM BLEB, GREGORY S 5858 CENTRAL AVENUE ST PETERSBURG, FL 33707 US FILED Apr 28, 2012 Secretary of State New Principal Place of Business: New Mailing Address: FEI Number Not Applicable ( ) Certificate of Status Desired Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS: Title: D Name: SEMBLER, MELVIN F Address: 5858 CENTRAL AVENUE ty -a -Zlp: ST PETERSBURG, FL 33707 Title: VASD Name: SHER, CRAIG H Address: 5858 CENTRAL AVENUE City -St -Zip: ST PETERSBURG, FL 33707 Title: VASD Name: SEMBLER, BRENT W Address: 5858 CENTRAL AVENUE City- St -Zlp: ST PETERSBURG, FL 33707 Title: CPD Name: SEMBLER, GREGORY S Address: 5858 CENTRAL AVENUE City -St Zip: ST PETERSBURG, FL 33707 Title: T Name: SHER, CRAIG H Address: 5858 CENTRAL AVENUE Qq -& -Zlp: ST. PETERSBURG, FL 33707 Title: Vs Name: WHEELER, RONALD P Address: 5858 CENTRAL AVENUE CftySt Zip: ST PETERSBURG, FL 33707 I hereby certify that the information indicted on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE RONALD P. WHEELER V 04128/2012 Electronic Signature of Signing Officer or Director Date Packet Page -1802- KCAVM is t Rum. McCLOSKY, Smm-4 Scxumit & Ruwa.L, P,A. P0. Box 14034 Sr. PFnmsmmc.. FL 33733 Prepared by and Mario I Velez Mario Velez, P.A. 10030 Bird Road Suite B Miami, FL 33165 305 - 207 -2620 File Number: LDJ Sembler Will Call No.: Parcel Identification No. 4/23/2013 17.B. 3933557 OR: 4140 PG: 1022 RSCORDBD in OFFICIAL R &CORDS of COLLIER CODNTI, PL 11117/2006 at 09:16M D11127 1. BROCII, CLIR3 CARS 4176500.00 RIC FB8 27.00 INDBIING 1.00 DOC -.70 29235.50 Retn:11PRBSSIFID31 ROD &N 11CCLOSIIf 150 29D AVS R #1700 S? FITIRSBURG FL 33701 [Space Above This Line For Recording Data Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 14th day of November, 2006 between LDJ Associates, Ltd., a Florida Limited Partnership whose post office address is 119I5 SW 82 Road, Miami, FL 33156 of the County of Miami -Dade, State of Florida, grantor*, and Sembler Family Partnership #41, , to ' fed Partnership whose post office address is 5858 Central Avenue, St. Petersburg, FL 33707 of of Florida, grantee *, Witnesseth, that said grantor, for and ' deration of the sum of A D NO/ 100 DOLLARS ($10.00) and other good and valuable considerations to sai aid b s ' grant the eccipt whereof is hereby acknowledged. has granted, bargained, and sold to th sai d tee's r "rs and i forever, the following described land. situate, lying and being in Collier County, t _ PARCELI The North 180 feet of True thereof as recorded in Plat Florida: Parcel ID Number. 3793056 PARCELII GOLDEN GATE 1 j at Pages 15 and 26, according to the Plat Records of Collier County, The North 150 feet of Tract 112, GOLDEN GATE ESTATES UNIT NO. 26, according to the Plat thereof as recorded in Plat Book 7 at Pages 15 and 16 of the Public Records of Collier County, Florida. Parcel ID Number.37930600006 PARCEL III The South 180 feet of Tract 112, GOLDEN GATE ESTATES UNIT NO.26, according to the Plat thereof as recorded in Plat Book 7 at Pages 15 and 16 of the Public Records of Collier County, Florida. Parcel ID Number. 37930640008 PARCEL IV The North 180 feet of Tract 113, GOLDEN GATE ESTATES UNIT NO. 26, according to the Plat thereof as recorded in Plat Book 7 at Pages 15 and 16 of the Public Records of Collier County, Florida. Parcel ID Number: 37930720009 Vv DoubleTimao Packet Page -1803- 4/23/2013 17.B. OR; 4140 PG, 1023 PARCEL V An undivided 50% interest in the East 180 feet of Tract 107, GOLDEN GATE ESTATES UNIT NO. 26, according to the Plat thereof as recorded in Plat Book 7 at Pages 15 and 16 of the Public Records of Collier County, Florida. Parse! ID Number. 37930280002 PARCEL VI An undivided 60% interest in the South 150 feet of Tract 111, GOLDEN GATE ESTATES UNIT NO. 26, according to the Plat thereof as recorded in Plat Book 7 at Pages 15 and 16 of the Public Records of Collier County, Florida. Parcel ID Number; 37930520005 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful 1116 1 Ig tl �n said land. Subject to taxes for 2006 and ' t years; cove ditions, restrictions, easements, reservations and limitations of , if any without reimposi n o AMC. and said grantor does hereby fully t tit 'd an w 1 def the me against lawful claims of all persons whomsoever. In Witness Whereof, grantor has sea e ear first above written_ Signed, sealed and delivered in our p C i LDJ , Ltd., a Florida limited partnership K_B wg4k W�' Name. h t h M c A Larry E. Brooks, General Partner Wiuiesl Name: f m aie% e- tll -� 4 I � sfl� ,.�� By: � % f 1� t� David L Brooks, General Partner By:' James E. Brooks, General Partner I$ —O' Deed (Smtwon• Farm) - Page 2 DoubleTane. Packet Page -1804- 4/23/2013 17. B. * ** OR; 4140 PG: 1024 * ** State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this j .'� day of November, 200 by Larry E. Brooks, General Partner, on behalf of LDJ Associates, Ltd., a Florida Limited artnershi L] is perso y known or [X] has produced a driver's license as identification. [Notary Seal] Notary Pu c - , = it1' OONtiI�ION i D0 5i68B3 ' EXP0B:.kn %2010 Printed ame: eraaa 1w wary Pm1e usawwrr My Commission Expires: State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this `2425 '— ' day of November, 2 06 by David L Brooks, General Partner, on behalf of LDJ Associates, Ltd_, a Florida hi He L] is nally known to me or [X] has produced a driver's license as identification. .4j [Notary Sea]] j AMMIx itm Unto State of Texas County oFBrazeria fit�0.�5 The foregoing instrument was acknow - befor Partner, on behalf of LDJ Associates, Lt 'c1 driver's license as identification. G [Notary Seal] 044UWRER Is W t'M44118M MMEd JULY 28.2008 iiorranry Deed ISrarutog Form/ - Page 3 te$ Name: s i me this Limited Partnership, �.�� CIRCt1 Notary Public ber, 2006 by James E. Brooks, General is personally known or [X] has produced a Printed Name: N �(\O` � �e� e" e c- My Commission Expires: -i -Z (p — o $ Packet Page -1805- DoubleTimse 4/23/2013 17.B. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE ADDRESSING DEPARTMENT NAPLES, FLORIDA 34104 ADDRESSING CHECKWIST Please complete the following and fax to the Addressing Department at 239 -659 -5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre - application meeting. Not all items will apply to every project. Items in bold type are required Forms older than 6 months will require additional review and approval by the Addressing Department. PETMON TYPE (check petition type below, complete a separate Addressing Checklist for each Petition Type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ® PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER L0EGAL DESCRIPTION of subject property or *properties (copy of lengthy description may be attached) S15 Township 49 Range 26 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 24825000025, 24825000038, 24825000106, 24825000122, 24825000041 ,24825000067,24825000083 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy - needed only far unplatted properties) PROPOSED PROJECT NAME (if applicable) Brooks Village PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projectstsites only) SDP - or AR# Packet Page -1806- 4/23/2013 17. B. Page 1 of 2 ADDRESSING CHECKLIST - PAGE TWO Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Check One: ❑ Checklist is to be Faxed back 0 Personally Picked Up APPLICANT NAM RWA, Inc. PHONE 239 -597 -0575 FAX 239- 597 -0578 Signature on Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Addressing Department. FOR STAFF USS ONLY Prismay dumber r !� Address Number :address Numbe Address Number n 17 w Approved by: , = = ?*'� Date: - Updated by: Date: IF OLDER T iAN 5 MONTHS, FORM M ST BE UPDATED OR NEW FORM SUBMITTED Page 2 of 2 WcurrenbApplication Form'Addressing Cheddist rev 020207.dae Packet Page -1807- r%� I HER COUNTY GOVERNIMENT "M4171. MANAGE rl'"ANNIW_� AND F;_='G7J'_A7I0N 4/23/2013 17.B. 21300, INIOR7 H HG;;,SzESH,0z_- DFUE NAPLES,, FLORID,4, 3.41t�4 "_-3 1 2521-2400 FAX 'k2_39! 252-6251 P L# PUI DA— PL -'40 1,;) 0C.C4.1 3 L Date: 91 I'q I L__), Time: Firm: ---------- Project Name: t)IZM"rte C_ PLO Size of Project Site: acres Applicant Name: Phone: E97— 25 -IL5 Owner Name: Phone: Owner Address: City -State ZIP. Existing PUD Name and Number Z51ZD04� V IL466iE CP u, L) 3 pm Assigned Planner au bes,2jeei Meeting Attendees: (attach Sign-in sheet) S'c_e, C) r, I CASE PC( (Z JUNE 2011 Packet Page -1808- 4/23/2013 17.B. C C.' L I H P C 0 Lf N'7`r' G 0 VE R WOE= N' T 2800 NOMITF HORSESHOE DRIVE GROWTH I~,itANAGE MEN E DIVISION L' NAPLES. Fl OR MA 34104 PLANNI v 4N "U" REGUIL F ION €2391 252 -24€ 0 Fix: MTt ^s.5µ C,v 2 SCHOOL CONCURRENCY- For information regarding the school concurrency application process, please contact the School District of Collier County - Students, Staff Projections, Allocations and Reporting Department at 239 - 377 -0254. THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRE STANDARD REQUIREMENTS: 1 Additional set if located in the Bayshore /Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary ❑ V1_ -Completed Application (download from website for current form) . ❑ v Conceptual Site Plan 24".x 36" and One 8 V2" x 11 "copy ❑ 1 Revised Conceptual Site Plan 24" x 36 "and One 8 1 /z" x 11" copy ❑ -' Original PUD document and Master Plan 24" x 36" ONLY IF AMENDING THE PUD ❑ Revised PUD document with changes crossed thru & underlined ❑ Revised PUD document w /amended Title page w /ord #'s, LDC 10.02.13.A.2 ❑, Deeds/Legal's 46-&ufvey (if boundary of original PUD is amended) 3 List identifying Owner & all parties of corporation 2 Owner /Affidavit signed & notarized 2 Covenant of Unified Control 2 -' -Completed Addressing checklist 2 Environmental Impact Statement (EIS ) * or exemption justification 2 Digital /electronic copy of EIS (copy for Planner & Environmental) 2 ?C Historical Survey or waiver request 4- Utility Provisions Statement -vr r ies 4 V/ Architectural rendering of proposed structures 4 ✓' Survey, signed & sealed 4 Traffic Impact Statement (TIS) or waiver (with applicable fees) 7 Copy of Traffic Impact Statement (TIS) on CDROM 3 Aerial photographs (taken within the previous 12 months min. scaled 1 "= 200'), showing FLUCCS Codes, Legend, and project boun 5 . JUNE 2011 Packet Page -1809- w 4/23/2013 17.B. CCU._.A PP 00U N'T x' GX01.1ERN "sEN7' 28£x; Ns0R — H0RSE -SHOO DP :Rt�A! Th ritN!'. ME k c I l ',0141 NAPLES, 'F IDPI ,rt: 3411 � pg REGULATION', Electronic copy of all documents in Word format and plans (CDRom or Diskette) 1 . ,,-^ V Justification/Rationale for the Deviations (must be on a separate sheet within the application material; DO NOT include it in the PUD documents) ❑ V''� Copies of Official Interpretations and/or Zoning Verifications 1 School Impact Analysis Application residential components) 2 1 set for School District residential components) ❑ schedule a meeting before the Affordable Housing Advisory Committee by Affordable Housing or Economic Development Council Projects: EDC "Fast Track" must submit approved copy of official application 2 []Affordable Housing "Expedited" must submit copy of signed Certificate`s of Agreement. *If project includes an Affordable Housing component, you are required to schedule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County Housing and Human Services Department at 239 - 252 -2273. fleck here if there are any Settlement Agreements associated with this property. Indicate type of agreement and agreement number. Agreement # ❑ Deltona ❑ Lely Barefoot Beach ❑ Port of the Islands interiocal Route package to: The Conservancy, Attn: Nichole Ryan 1450 Merrihue Dr., Naples, FL 34102 If located in RFW (Rural Fringe Mixed Use) Receiving Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239 - 690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.a.(b)i.c. If located within 1/2 mile of City of Naples, send copy of submittal package to: Robin Singer, Planning Director City of Naples, 295 Riverside Circle, Naples, FL 34102 JUNE 2011 Packet Page -1810- ,.� -- 4/23/2013 17.B. C0 1 E F 0 s U l~,Ty G0 V ERN M EN I 2800 NORTH HORSESHOE ' D, R I V E PL iNNINI,33 a-47D P..'3 --,'_ Im , 1 N (23i?ll 25 -24Vj IF AY (22:9, _15' .35'1 PLANNER, CHECK MARK BELOW FOR ADDITIONAL REVIEWS: SCHOOL DISTRICT (residential =' ( PARKS & REC — VICKY AHMAD components) Amy Taylor N 1 SUPERVISOR OF ELECTIONS b °I IMMOKALEE WATERISEWER N DISTRICT DR/EMI — EMER. MGMT — Dan UTILITIES ENGINEERING: PAULO Summers MARTINS CITY OF NAPLES, Robin Singer, ,1 j BAYSHORE/GATEWAY TRIANGLE Planning Director , ' N( REDEVELOPMENT Executive Director N CONSERVANCY, Nichole Ryan / FIRE REVIEW: RICCO LONGO EMS — ARTIE BAY ENGINEERING: JACK MCKENNA V TRANS. PATHWAYS: ALISON COMP PLANNING: (SEE SIGN -IN BRADFORD SHEET FROM PRE -APP MEETING ENVIRONMENTAL: SEE SIGN -IN SHEET FROM PRE -APP MEETING Fees Application Fee: ❑ $10,000 (PUD Rezone) + $25 per acre (or fraction of thereof) ❑ $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) $6,000 PUD Amendment + $25 per acre or fraction of an acre "* ® Fire Code Review — New PUD Rezone $150, PUD to PUD Rezone $1;�5, PUD Amendment $125 ® $2,250.00 Comprehensive Planning Consistency Review �` °- -_..- - ® $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre- application meeting will be required. ® $925.00 Legal Advertising Fee for CCPC meeting ® $500.00 Legal Advertising Fee for BCC meeting (advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). ❑ qA $2500.00 Environmental Impact Statement review fee ❑ 4A $1000.00 Listed or Protected Species survey review fee (when an EIS is not required) Property Owner Notification fees. Property Owner Notifications $LSO Non - certified; $3.00 Certified return receipt mail (to be paid after receipt of invoice from Dept. of Zoning & Development Review) Attach a Separate Check for Transportation Fees, (Refer to Exhibit A): $500.00 Methodology Review Fee, if required *Additional Fees to be determined at Methodology Meeting. Fee Total S JUNE 2011 Packet Page -1811- 4/23/2013 17.B. s,� Cr% .;'f ;c iPtisR` ¢d "'� spi :� 4° 280r� NORTH T -.�, FUSSES as..`E ".-.5:RIV.M C *..E:� $...- t .s,.... ,v o .,S`t. k Er , dt ^.�t'w B7 . GFI,D 6 H hhANAGEWEN i DIVISION' '�- "DRIDtA 34104 PLAMNING AND FEEGUi_A—r 01,t Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.B.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Land Development Services Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one - fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Land Development Services Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Land Development Services Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. JUNE 2011 Packet Page -1812- 4/23/2013 17.B. NOTES -.01.45 417,1AA)Zr50- rOe 7-Xl,(5- ii:adlll /77,f ll;�OA A 5b'OZ4J 't c. Packet Page -1813- rr. �..- "�. —�:f4: ! f*t:'.;r �.�i'"''�. "•� S ^a? .. `c�" -^"�� °.; --;.r— "�4 *'�,` ;�t`�;k �."`.� M"... �,_.° ,= ...may. �° ` L; , "t,^ yy!",'. YAA 11 ("Irwl-nf-A Packet Page -1813- W O u) Z CL "JF M� < 0 w Cl)L. IL 4/23/2013 17.B. C& >0 CD IT C: > > 0 0. (D > 0 > > (D 0 > 0 > 0 0 0) 0 0 C (1) 0— CD L L > 0) 0 0 .0 @ iE (1) (1) 0 Im a) 0 0 (D 0 (D 0 O)o 0 0 L) L- 0 0 0 0 Cn I @ Cj L) a) c 0 w 0 @ @@=5 w @ 7�7- 0 0 (U _"- r C) 0 0 @*5 --', (D a) 0 Cn —a) 0 a) 0 C N -0 cl) LL (D Cu > 0 0 0-0 0 cc a) 'a) L- M @ 0 m C: M _j _ a) 0 .0 0 4-- -#.- W 0 -0 C.) 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Packet Page -1815- vi C) OD U 0 W W 2: Co Z (D U) CD Cn LU LIJ -75 vi W V M z w z 0 0. 0 Z Z w Cl) uj UJ LV r T- "A v Packet Page -1815- vi C) OD U 0 W W 2: Co Z (D U) Details Property Record Sketches Trim Notices Current Ownership Property Address €'� 11 Parcel No. Owner Namell Addressesf -----Cityll State I - 4/23/2013 17.B. Legal ( +) Improved Value IF Use Code Section II Township II Range II Acres Map No IF Strap No. ': Millaae Rates School Other Total Sub No. ( +) Improved Value Use Code ------------------- 2012 Preliminary Tax Roll (Subject to Change) I Land Value ( +) Improved Value r'4. tor Taxe,0 F, SOH = "Save Our Homes" exempt value due to-cap on assessment increases. Latest Sales History Date F Amount The Information is Updated Weekly. Packet Page -1816- O U c� G-� [C .ry I'. Packet Page -1817- a 0 a Q a S .Q E o` a a� m a CL 0 0 a� c m 3 0 c 0 0 C Co a 0 0 a m m L U C U O O E m � C Y = O 26 Q O � a= � c H Er 0 mm m o % w L5 C, d N O CL O U m` 0 U d d CD 0 CL CL Q m 0 IL a c U 0 U O N L 4/23/2013 17.B. N O N Si M O a1 O O 00 N Q� N II `.0 Lid W H H a y� "o w U O I I C X w cci U O U N s, N 4/23/2013 17.B. DeselemKay Subject: PL20120002136 - pre -app Brooks Village - PUD Amendment Location: GMD - Conference rm C Start: Wed 9/19/2012 2:00 PM End: Wed 9/1912012 3:30 PM Show Time As: Tentative Recurrence: (none) Meeting Status: Not yet responded Organizer: LevyMichael Required Attendees: DeselemKay; SawyerMichael; ReischlFred; CDS -C; AhmadVicky; ArnoldMichelie; AshtonHeidi; AuclairClaudine; BeardLaurie; BradfordAlison; BrethauerPaula; BurtchinMark; CallisCraig; CascioGeorge; CilekCaroline; CromerAaron; DarcoChristopher; FleishmanPaula; HouldsworthJohn; JarrellPeggy; JarviReed; KurtzGerald; MartinsPaulo; BowmanMagaly; McClammaJoseph; McKennaJack; PattersonAmy; PaulRenald; PodczerwinskyJohn; KuliickValerie; 'Ricco Longo'; SterchiBeth; WeeksDavid; WileyRobert; ValeraCarolina; OteroBrandy; LorenzWilliam; BosiMichael; 'Anna Rosa'; BrownAraqueSummer Optional Attendees: GundlachNancy SORRY FOR THE CHANGE. FAPA CONVENTION Piannner — Kai. Desepem Date: Wednesdav, September 19 2 -3:30 pYn PL20120002136 project: Brooks V111aRc Type of App: PL ID . Imendrncm Location: corner of the iniersection (t C o ,n;; Road 951, and P111c Ridge Road Description o Proke.ct The pros ct i_-; a C P ID __ chars wes to the PL'Lo re neec eci to provide for a new S olm of in <T c_ s or, Pi''), Ridgy <,. hold. Provide to , on :'1vefi?lc �,'V .'tT1C1231C7t�ttT` d c,v d(ii;.)rnerft condition ro €lin?1Tl'ate required v{g'— 'rnalol1 c)n filth Avenue _ inc. Packet Page -1818- 4/23/2013 17.B. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE ADDRESSING DEPARTMENT NAPLES, FLORIDA 34104 ADDRESSING CHECKLIST Please complete the following and fax to the Addressing Department at 239 - 659 -5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre - application meeting. Not all items will apply to every project. Items in bold type are required. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (check petition type below, complete a separate Addressing Checklist for each Petition Type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival /Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ® PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) S15 Township 49 Range 26, a�- FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 24825000025, 24825000038, 24825000106, 24825000122, 24825000041 ,24825000067,24825000083 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right -of -way • SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) Brooks Village PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR # Packet Page -1819- 4/23/2013 17.B. Page 1 of 2 ADDRESSING CHECKLIST - PAGE TWO Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Check One: ❑ Checklist is to be Faxed back ® Personally Picked Up APPLICANT NAME: RWA, Inc. PHONE 239 - 597 -0575 FAX 239 - 597 -0578 Signature on Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Addressing Department. FOR STAFF USE ONLY Primary Number ? 4 7- 4ddress Number c Address Number Address Number - c- =' C:' 0 -z Approved by: � ' F" Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Page 2 of 2 ,ACurrenflApplication Forms\Addressing Checklist rev 020207.doc Packet Page -1820- 4/23/2013 17.B. 1/3/2013 Brooks Village CPUD Revised Narrative and Basis for Approval The approved Brooks Village CPUD is an existing shopping center anchored by a Publix grocery store. There are 3 remaining undeveloped out parcels fronting on Pine Ridge road. The ± 22.74 acre property is located on the southwest quadrant of the intersection of Collier Boulevard (CR- 951), and Pine Ridge Road (CR -896), and is bordered by 11th Avenue SW on the south, in Golden Gate Estates Unit 26, Section 15, Township 49 South, Range 26 East. The CPUD Ordinance No. 06- 42 was approved by the Collier County Board of County Commissioners on September 26, 2006. The Brooks Village CPUD is located within the Estates Designation, and the Neighborhood Center Sub - district identified on the Golden Gate Area Master Plan of the GMP. The Brooks Village CPUD is approved for 105,000 square feet of intermediate commercial and retail uses to serve the surrounding Estates residents. The 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 applicant is proposing the following amendments to the approved Brooks Village CPUD gpdiRan document Ale. 96-42. 1. The Master Concept Plan has been amended to add a right in access on Pine Ridge Road that will meet the required distance from the Collier Blvd. right -of -way per the Golden Gate Area Master Plan Neighborhood Center Subdistrict Criteria .and meet Dnl44Gy. The Master Concept Plan also depicts the location of a future internal driveway. In addition the PUD ^tee- document and Master Plan has been revised to reflect the existing configuration of the single access point on 11th Avenue. See PUD Section 3.3.1. 2. Developer Commitment 5.8.0 which requires a donation to the Collier County Affordable Housing Trust is being eliminated. The County has acknowledged that these donations are no longer vital to providing the community with affordable housing. In order to memorialize this change in the County's policy the Board of County Commissioners has directed staff to process an amendment to the LDC Section 10.02.13 to remove the monetary contributions requirement for PUDs. This LDC amendment was approved by the BCC on September 25, 2012. This change will only affect the three remaining undeveloped out parcels as the developer has already made payments of approximately $42,678.00 based on the existing development. Page 1 of 3 Packet Page -1821- 4/23/2013 17.B. 1/3/2013 3. The current hours of operation are limited to 6:00am to midnight for customer operating hours and deliveries are limited to the hours between 6:00am and 10:00pm. In order to increase the marketability of the remaining outparcels, the applicant is requesting that the three undeveloped outparcels be permitted to have 24 hour customer operating hours. These parcels are completely surrounded by commercial development and road right -of way and will not impact residential development. See PUD Section 3.3.H. None of the proposed amendments require a deviation from the Land Development Code. Additional changes to the PUD � document and MC-P• • Since this is an existing development that has fulfilled the majority of the development commitments, Staff requested that the commitments that have been met be noted as "Complied with" in the PUD document •--The Developer Commitment Section 5.8.D. has been revised to reflect the changes to and compliance with this commitment. The commitment required that the Developer install palm trees along the sidewalks on both sides of 11th Avenue SW. Construction plans that included the palms were designed and approved by the County. The sidewalks were constructed and the palms were purchased and installed. However, the County required that the Developer remove the palms because the County Inspectors determined that the palm trees would negatively impact the line of sight for motorists. The developer removed them and replanted them elsewhere on site. F-ther reGlulramants +1'at h -aye beep met have beep struFiF threuSh In the PUP • The legal description and plat of Brooks Village has not changed. However, the dedication of the rights of way to Collier County are reflected on the plat which resulted in 2.42 acres being dedicated to Collier County versus the 2 acres estimated in the original PUD Project Land Use Tracts table. The PUD 9r-diRa+Ge document has been revised accordingly. The original plat and property summary and aerial from the property appraiser's website is attached for your reference. The boundary of the PUD has not changed therefore a new survey has not been provided. Page 2 of 3 Packet Page -1822- 4/23/2013 17.B. 1/3/2013 • The internal lot layout of the Master Plan has been updated to reflect the lot splits that have occurred. • The Master Plan has been updated to more clearly depict the access points and internal interconnections as well as the pedestrian pathway and seating are on the southside of the project. • CPUD Sections 5.7.1 and 5.7.K outline the Developer's commitment to provide storm water storage capacity within the Brooks Village storm water management system for Pine Ridge Road and consider providing for Collier Blvd Ultimately the Developer permitted a storm water management system that provides storage capacity for 2.98 Acres from Pine Ridge Road, 0.32 Acres from Collier Blvd and 0.8 acres from 11th Ave. SW. An illustration has been provided depicting these commitments. Page 3 of 3 Packet Page -1823- 4/23/2013 17.B. Attachment A (Original) PUD Rezone Considerations (LDC Section 2.7.3.2.5) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The proposed CPUD's consistency with the locational criteria set forth on the Future Land Use Map and supporting Future Land Use Element (FLUE), of the Growth Management Plan (GMP), and consistency with the applicable Elements related to access, drainage, water, sewer, and other utilities, combined with the development conditions and commitments contained in the proposed CPUD document, gives reasonable assurance that all infrastructure will be developed consistent with County regulations. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The documents, including the Covenant of Unified Control, submitted with this Petition Application provide evidence of unified control. Further, the proposed CPUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. Please refer to the Statement of Compliance located in the Brooks Village CPUD Document. 4. The internal and external compatibility ofproposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The CPUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. Additionally, most external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. Packet Page -1824- 4/23/2013 17.B. 5. The adequacy of usable open space areas inexistence and as proposed to serve the development. The amount of open space set aside by this proposed project meets or exceeds the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The timing and sequence of the permitting of the proposed development coincides with the programming of the County's proposed capital improvements to meet concurrency requirements. Adequate improvements, utilities and other facilities can be provided. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads is supportive of conditions emanating from urban development. Relative to this Petition, development of the subject property is timely, because supporting infrastructure are available, or will be .in place by the time permitting of the proposed improvements is complete.... 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The development standards in the proposed CPUD document are similar to those standards used for the Commercial structures and related improvements when compared to County regulations. Packet Page -1825- r. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 4/23/2013 17.B. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collierclov.net STATEMENT O = UTILtT :' PROVISIONS FOR PUS REZONE REQUEST APPLICAUf tW£3if"710441 NAME OF APPLICANT(S) SEMBLER FAMILY PARTNERSHIP #41 LTD ADDRESS 5858CENTRAL AVENUE, ST. PETERSBURG, FL 33707 TELEPHONE # 727- 3846000 CELL # FAX # 727 - 3434272 E -MAIL ADDRESS: NA ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): SW CORNER PINE RIDGE ROAD AND COLLIER BLVD. LEGAL DESCRIPTION Section/Township /Range 15/49S/26E Lot: Block: __ Subdivision: Plat Book Page #: Property I.D. #: 24825000025, 24825000038, 24825000106, 24825000122, 24825000041 ,24825000067,24825000083 Metes & Bounds Description: SEE ATTACHED LEGAL DESCRIPTION TYPE OF SEWAGE WSPOSAL TO BE FROtfIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM ❑ b. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME c. PACKAGE TREATMENT PLANT ❑ (GPD capacity) d. SEPTIC SYSTEM ❑ T'YK'E �?F WA-?=F SERV!C= TOM PROVIDED a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (WELL) ❑ Packet Page -1826- February 4, 2011 4/23/2013 17.B. c;0r16r t"Ev COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliernov.net TOTAL POPULATION TO BE SERVED: 95.350SF PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK 14.302 QPM AVERAGE DAILY 9535 GPD B. SEWER -PEAK 14,302 GPM AVERAGE DAILY 9535 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED Service already exists NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to .Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Packet Page -1827- February 4, 2011 4/23/2013 17.B. 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. 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. Packet Page -1828- 4/23/2013 17.B. 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. Packet Page -1829- 4/23/2013 17.B. 11 kn N $ y� it I e BLI i ` $ e CgsCg t ._ a «�a�a$NF �p +�aK�gi1 3� O 6g¢c YK ' I_3'Y 'r i!! 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Q I I ! 1 1 I wa l I 2 i f L ° — -__) — — cc O _ g�\ —► I I .. �I Cn ❑ b\ \ I I II 1 0 ,sw° F W z Rip I F I I a ser:nsew eso 0o � _ 8 Rl seo°aaarw v,o.io Ml C.1 JIT14AVENUESW 5lPAC50'W ,smmlP) - -- ESTATES ZONING: SINGLE FAMILY RESIDENTIAL U L � J F 1 > z Q �Q Q-D0 0 I z°wo< rD F N Q cn Z oui 0 L ❑ > W Z ~ s Q Q O Q Q tk 11u Cl/ t.G/v 4/23/2013 17.B. &156789 10 ORDINANCE NO. 06 42 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, ( THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING re�SZbZELZZ���m`' REGULATIONS UNINCORPORATED COLLIER COUNTY, Y, FLORIDA, BY MENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE'_ `- HEREIN DESCRIBED REAL PROPERTY FROM THE'` ESTATES (E) ZONING DISTRICT TO THE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING, . DISTRICT FOR A PROPOSED COMMERCIAL SHOPPING!' • ' CENTER TO BE KNOWN AS BROOKS VILLAGE CPUD, FORS PROPERTY 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. ro 77) . WHEREAS, Dwight Nadeau of RWA, Inc., representing Sembler Florida, Inc., 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 in Section 15, Township 49 South, Range 26 East, Collier County, Florida, is changed from the Estates (E) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning District for a commercial shopping center to be known as Brooks Village CPUD in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote by the Board of County Commissioners of Collier County, Florida, thisol4-7X day of sn �e_r_ 2006. ATTEST: DWIGHT E. BROCK, CLERK `' *tt"t as to Clerk I I Approved at s' to form and legal sufficiency MalJork M. Student- Stirling 4 Assistant County Attorney PU DZ- 2005 -A R -8 3 37/M Dsp BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:�� FRANK HALAS, CHAIRMAN Packet Page -1834- This ordinance filed with the ary of t �� ',s Off ic,� day of and acknowledge nt i p that ce'v tws `1day (o gy c 4/23/2013 17. B. BROOKS VILLAGE 0 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: PWTA CONSULTING -' .Z IL V T .L _ L 6610 WILLOW PARK DRIVE m SUITE 200 J C.. ' NAPLES, FLORIDA 34109 And ROETZEL AND ANDRESS 850 PARK SHORE DRIVE TRIANON CENTRE -THIRD FLOOR NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC 8/3/06 DATE APPROVED BY BCC 9/26/06 ORDINANCE NUMBER 06- 42 AMENDMENTS AND REPEAL Packet Page -1835- TABLE OF CONTENTS List of Exhibits Statement of Compliance Section I Property Ownership, Legal Description Section II Project Development Requirements Section III Commercial Development Standards Section IV Preserve Area Section V Development Commitments Q:\2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Final Docs & CPUD MP \NAPLES- #509376 -v1- Brooks_V it lage_CPUD_ BCC_ Stipulations_ 092706 _RBA &HM_Changes(clean). DOC Packet Page -1836- u u I -1 II -1 III -1 IV -1 V -1 4/23/2013 17.B. 4/23/2013 17. B. EXHIBIT "A" LIST OF EXHIBITS 0 CPUD MASTER PLAN Q:'10051050095.00.00 Sembler Brooks Village%0003 CPUD RezoningTinal Docs & CPUD MP'NAPLES- #509376 -v1- Brooks_V it lage_CPUD_BCC_Stipulations_ 092706 _RBA &HM_Changes(clean).DOC Packet Page -1837- 4/23/2013 17.B. 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 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). 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 (5 813) and Liquor Stores (592 1) Mail Order Houses (5961) Merchandizing Machine Operators (5962) Power Laundries (7211) ii Q:\2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Final Docs & CPUD MP \NAPLES - 4509376 -v1- Brooks_V iIiage_CPUD_BCC_Stipulations_ 092706 _RBA &HM_Changes(clean).DOC Packet Page -1838- 4/23/2013 17.B. Crematories (7261) (Does not include non - crematory Funeral Parlors) Radio, TV Representatives (7313) and Direct Mail Advertising Services (733 1) 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 (823 1) Correctional Institutions (9223) Waste Management (9511) Homeless Shelters (8361), and Soup Kitchens Sexually Oriented Businesses, as defined by Ordinance No. 91 -43, as may be amended. B. Transportation 1. The proposed access points do not exceed the required one per 180 feet, commencing from the right -of -way of Collier Boulevard and Pine Ridge Road (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004 -71). 2. The proposed development shall combine driveways, and curb cuts shall be consolidated with adjoining developments, whenever possible (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004 -71). 3. The Master Concept Plan provides a 25 -foot wide landscape buffer abutting the external right -of -way for the entire site (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004 -71). iii Q:12 00 510 5 009 5.00.00 Sembler Brooks Village%0003 CPUD RezoningTinal Does & CPUD MPWAPLES- 0509376 -v1- Brooks_V it 1age_ CPUD _BCC_Stipu1arions_092706_RBA &H M_Changes(clean ). DOC Packet Page -1839- 4/23/2013 17.B. SECTION 1 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. I -1 Q:\2005\050095.00.00 Sembler Brooks Village \0003 CPUD RezoningTinal Docs & CPUD W NAPLES- #509376 -v1- Brooks_V i Ilage_ CPUD_ BCC_ Stipulations_ 092706 _RBA &H M_Changes(clean).DOC Packet Page -1840- 4/23/2013 17. B. 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. 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 under contract for purchase by Sembler Florida, Inc., from LDJ Associates, Ltd., a Florida Limited Partnership. 1.4 GENERAL DESCRIPTION The applicant is proposing a CPUD located within the Estates Designation, and the Neighborhood Center Sub - district identified on the Golden Gate Area Future Land Use Map, of the GMP. The Estates Land Use Designation encompasses lands which are already subdivided into semi -rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision. The Neighborhood Center Subdistrict recognizes the need to provide basic goods, services and amenities to Estates residents (Ordinance 2004 -71). The ± 22.74 acre property is located on the southwest quadrant of the intersection of Collier Boulevard (CR -951), and Pine Ridge Road (CR- 896), and is bordered by 11th Avenue SW on the south, in Golden Gate Estates Unit 26, Section 15, Township 49 South, Range 26 East. I -2 Q:1,2005 \050095.00.00 Sembler Brooks Village \0003 CPUD RezoningTinal Docs & CPUD MP\NAPLES4509376-v1- Brooks _Viliage_CPUD_BCC_Stipulat ions_ 092706 — RBA &HM_Changes(clean).DOC Packet Page -1841- Approximately 1.98 acres of the property has Pine Ridge Road, Collier Boulevard, and 11 th development area of the project. 1.5 PROJECT DESCRIPTION 4/23/2013 17.B. been, or will be taken as right -of -way for Avenue SW and are not included in the 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 -3 Q:'a005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Final Docs & CPUD MP \NAPLES - #509376 -v1- Brooks_Village CPUD_BCC_Stipulations_092706— RBA &HM Changes(clean).DOC Packet Page -1842- SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE 4/23/2013 17.B. 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. I1-1 Q:\2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Final Does & CPUD MP\NAPLES4509376M- Brooks_V illage_CPUD_BCC_Stipulations_ 092 706 _RBA &HM_Changes(clean).DOC Packet Page -1843- 4/23/2013 17. B. TABLE I PROJECT LAND USE TRACTS TYPE ACREAGE+ TRACT "C" COMMERCIAL 17.6 TRACT "P" PRESERVE 3.1 Right -of -way outside development area 2.0 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. 2.4 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. II -2 Q:'2005 \050095.00.00 Sembler Brooks Village \0003 CPUD RezoningTinal Docs & CPUD MMAPLES- 4509376 -v]- Brooks_V illage_CPUD_BCC_Stipulations_ 092706 _RBA &HM_Changes(clean).DOC Packet Page -1844- 4/23/2013 17.B. 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. 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. 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. II -3 QA2005 \050095.00.00 Sembler Brooks Village10003 CPUD Rezoning \Final Docs & CPUD MPINAPLES- #509376 -v1- Brooks_V illage_CPUD_BCC_Stipulations_ 092 706 _RBA &HM_Changes(clean).DOC Packet Page -1845- 4/23/2013 17.B. 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. 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. II -4 Q:\2005 \050095.00.00 Sembler Brooks Village \0003 CPUD RezoninglFinal Does & CPUD MPINAPLES- 4509376 -v1- Brooks_Village CPUD_ BCC_ Stipulations_ 092706 _RBA &HM— Changes(clean).DOC Packet Page -1846- SECTION III COMMERCIAL DEVELOPMENT 3.1 PURPOSE 4/23/2013 17.B. The purpose of this Section is to identify permitted uses for areas designated as Tract "C" on the CPUD Master Plan, Exhibit "A." 3.2 PERMITTED USES The following are selected permitted uses provided for in the commercial zoning districts C -1, C -2 and C -3. None of the following Permitted Uses are subject to a gross floor area/square footage limitation. A. 1) Accounting, auditing and bookkeeping services (Group 8721). 2) Apparel and accessory stores (Groups 5611- 5699). 3) Auto and home supply stores (Group 5331). 4) Automotive services (Groups 7542, limited to car washes in conjunction with a convenience store, and 7549, limited to automotive lubricating service and window tinting). 5) Barber shops (Group 7241), except barber schools. 6) Beauty shops (Group 7231), except beauty schools. 7) Business services (Groups 7334, 7335, 7336, 7338, 7384). 8) Child day care services (Group 8351). 9) Civic, social and fraternal associates (Group 8641). 10) Depository institutions (Groups 6011- 6099). 11) Eating places (Group 5812 only, beer, wine and liquor sales for consumption on premise permitted). Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition III -1 Q:\2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoninffinal Docs & CPUD MP \NAPLES - #1509376 -v1- Brooks_Villagc CPUD_BCC_Stipulations_092706 _RBA &HM_Changes(clean).DOC Packet Page -1847- 4/23/2013 17.B. 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). 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- 6I63). 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). Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition III -2 Q:\2005\050095.00.00 Sembler Brooks Village \0003 CPUD RezoningTinal Docs & CPUD MPWAPLES- #509376 -v1- Brooks_V it lage_CPUD_BCC_Stipulations- 092 706 _RBA &HM_Changes(clean).DOC Packet Page -1848- 4/23/2013 17. B. 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). 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 I1I -3 Q:\2005 \050095.00.00 Sernbler Brooks Village \0003 CPUD RezoningTinal Docs & CPUD MPWAPLES- #509376 -v1- Brooks_V illage_CPUD_BCC_Stipulations_ 092706 _RBA &HM_Changes(c)ean).DOC Packet Page -1849- 4/23/2013 17.B. 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. C. 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). Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition III -4 Q:0005 \050095.00.00 Sembler Brooks Village \0003 CPUD RezoningTinal Docs & CPUD MMNAPLES4509376-v1- Brooks_V illage_ CPUD _BCC_Stipulations_092706_RBA &H M_Changes(clean).DOC Packet Page -1850- 4/23/2013 17. B. 10) Radio, TV representatives (Group 73 13) 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 836 1) 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 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 3.31 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. III -5 Q:120051050095.00.00 Sembler Brooks Village10003 CPUD RezoningTinal Docs & CPUD MPINAPLES- #509376 -v1- Brooks_V illage_CPUD_ BCC_ Stipulations_ 092706 _RBA &H M_Changes(clean). DOC Packet Page -1851- 4/23/2013 17.B. 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 11th Avenue S.W. the following limitations apply: (i) Signage in the I 11 Avenue SW Right -of -Way shall be limited to traffic signage as approved by the Collier County Department of Transportation; (ii) Should there be ingress into the shopping center from 11th Avenue SW, then the shopping center will not have a "Directory Sign" as defined in 5.06.04 C.3., nor an "on- premise sign" as defined in 5.06.04 C., on 1 lth Avenue SW; (iii) Commercial directional or identification signs as provided in LDC Sub- section 5.06.04 C 13. shall be allowed along any center driveway that connects to 1 Ith Avenue SW. Any Collier Boulevard entry sign for the shopping center shall be a minimum of seventy -five (75) feet from 11th Avenue SW. G. PUD Master Plan: The CPUD Master Plan shall be the plan of development with permitted design latitude of twenty -five (25 %) percent flexibility of land use location north of the south one hundred (100') feet of Golden Gate Estates Tract 114. H. HOURS OF OPERATION: Customer operating hours shall be limited to the hours between 6:00 AM and Midnight. 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. III -6 Q:\2005\050095.00.00 Setnbler Brooks Village \0003 CPUD Rezoning \Final Docs & CPUD MP\NAPLES- #509376 -vl- Brooks_ Village _CPUD_BCC_Stipulations_092706 _RSA &HM_Changes( ciean).DOC Packet Page -1852- 4/23/2013 17. B. TABLE II COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES MAXIMUM BUILDING COVERAGE MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM FLOOR AREA FLOOR AREA RATIO MAXIMUM GROSS LEASABLE FLOOR AREA MIN FRONT YARD MIN SIDE YARD MIN REAR YARD MIN PRESERVE SETBACK NONE 10,000 Square Feet (S.F.) 75 FEET 700 S.F. NONE 105,000 50% of the building height, but not less than 25 feet ** 50% of the building height, but not less than 15 feet 50% of the building height, but not less than 15 feet 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. III -7 Q:\2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoninffinal Docs &CPUD MP \NAPLES- tt509376 -vl- Brooks_Village_CPUD BCC_ Stipulations_ 092706 _RBA &HM_Changes(clean).DOC Packet Page -1853- SECTION IV PRESERVE AREA 4.1 PURPOSE 4/23/2013 17.B. 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 -1 Q:\2005 \050095.00.00 Sembler Brooks Viliag60003 CPUD Rezoning \Final Docs & CPUD MP \NAPLES - #509376 -v1- Brooks_Villagc_ CPUD _BCC_Stipulations_092706_RBA& HM_Changes(clean).DOC Packet Page -1854- SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE 4/23/2013 17. B. 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: V -1 QA2005\050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Final Docs & CPUD MMAPLES4509376-0- Brooks _Village_CPUD_BCC_Stipulat ions_ 092706 _RBA &HM_Changes(clean).DOC Packet Page -1855- 4/23/2013 17. B. 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. 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). D. The Brooks Village CPUD shall provide a 25 -foot wide landscape buffer abutting the external right -of -way. This buffer shall contain two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double row hedge at least 24 inches in height at time of planting and attaining a minimum of three feet in height within one year. A minimum of 50% of the 25 -foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers other than grass. Existing native trees shall be retained within this 25 -foot wide buffer area. Water retention /detention areas shall be allowed in this buffer area if left in a natural state. Drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall. 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). 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. V -2 Q:`,2005 \050095.00.00 Sembler Brooks Village \0003 CPUD RezoningTinal Docs & CPUD MPWAPLES- #509376 -v1- Brooks_ Village_ CPUD _BCC_Stipulations_092706_RBA &HM Changes(clean).DOC Packet Page -1856- 4/23/2013 17.B. The southbound right turn lane into 11th Avenue SW will not be considered site - related if modified as part of the CR -951 roadway project. Should the development precede CR -951 improvements, the developer shall address any turn lane improvements at this location as determined at the time of development order application if approved by the Board of County Commissioners. 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. D. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. All external access points, including both driveways, proposed streets, pedestrian and vehicular interconnections are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage or property line. All such access issues shall be approved or denied during the review of any applications for development orders. All such access shall be consistent with the Collier County Access Management Policy (Resolution No. 01 -247), as it may be amended from time to time, and with the Collier County Long Range Transportation Plan. The number of access points may be less than the number depicted on the Master Plan; however, no additional external access points shall be considered unless a PUD amendment or PUD insubstantial change is approved. E. 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. F. 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. V -3 Q:\2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoninffinal Docs & CPUD MP \NAPLES - #509376 -v1- Brooks_V illage_CPUD— BCC_Stipulations_ 092706 _RBA &HM_Changes(clean).DOC Packet Page -1857- 4/23/2013 17.B. G. 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. H. 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. 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. J. 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. K. 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. 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. V -4 Q:\2005\050095.00.00 Sembler Brooks Village10003 CPUD Rezoning \Final Docs & CPUD MPWAPLES- #509376 -v1- Brooks_Village_ CPUD— BCC_Stipulations_092706_RBA &HM Changes(clean).DOC Packet Page -1858- 4/23/2013 17.B. ENVIRONMENTAL The development of this CPUD Master Development Plan shall be subject to and governed by the following conditions: 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. V -5 Q:\20051050095.00.00 Sembler Brooks Village \0003 CPUD RezoningTinal Docs & CPUD MP \NAPLES - #509376 -v1- Brooks_V illage_CPUD_BCC_Stipulat ions _092706_RBA &HM_Changes(clean). DOC Packet Page -1859- 4/23/2013 17.B. 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. 1. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. J. All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10 -foot setback. Where jurisdictional wetlands are a component of a preserve, a structural buffer shall be required to utilize the 10 foot setback. 5.8 DEVELOPER'S COMMITMENTS A. The Developer shall donate a school bus stop shelter to serve the 1 lth Avenue SW residents in a location prescribed by the Collier County School District; 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 Fund in the amount of $0.50 per square foot of gross leasable floor area as depicted on approved Site Development Plans. The payment shall be made as a condition to the issuance of a Building Permit and the amount shall be for the gross leasable floor area for that particular Building Permit. Such payments shall be credited against any subsequently adopted fee for affordable or workforce housing by Collier County. D. Developer shall donate palm lined (no greater than 75 feet on center) sidewalks on both sides of 1 lth Avenue SW, adjacent to the CPUD boundary; E. No light or glare shall impact adjacent Estates Zoned properties. Utilization of low pressure sodium, or similar intensity lighting shall be utilized. Halogen lighting is prohibited. F. The Developer shall convey a 40 foot by 50 foot raw water well easement in a location to be determined in the future. This conveyance shall occur at time of the first development order approval. V -6 Q: \2005\050095.00.00 Sembler Brooks Village \0003 CPUD Rezoninffinal Docs & CPUD MMAPLES4509376-0 - Brooks_V illage_CPUD_BCC_Stipulations_ 092706 _RBA &HM_Changes(clean).DOC Packet Page -1860- 4/23/2013 17.B. —rwr;r �rwrur�wew�r�r /'►n rO LQfA' 8NY( dA3L1i7Y0'1�7YSL11WIdOf9iMrr�rW ®o fto Y1Y1�1 -VoY7Tn SWOOUG -3M `doryo-jd UngNgs a .Y. luful m It I I I I I I I � I I I W I I � , I I � I \\ I � I 0 Z a Z Z 0 � W a 3 C•31COMI a4j ! ' U � _ a m ? o It j z I \ W z 7 �� 1 U IIr B u o' a t� ° a r mi Packet Page - 1861 - u a W K �FI I I II lile ICI II ICI• II o lily ' I� I � III s PI Ewa o� I' I II; hI �ii A I I a mi ftAR II" I0 9 II e II I �I f 1 i I i i i 91 i' i ,p6 Ile S a I i J 1 e g app es ee 96 ea ph ph n of es ee Yos � 11 e� � iC at 9t at at ar of ay at r IN a 1 a +ra,.n er.r> fie) �!` aurn3voe rr see•. rem le'1 a 311M yys PONE RODE ROAD es emeo urr[er �sur 2 Am, m ? o It j z I \ W z 7 �� 1 U IIr B u o' a t� ° a r mi Packet Page - 1861 - u a W K �FI I I II lile ICI II ICI• II o lily ' I� I � III s PI Ewa o� I' I II; hI �ii A I I a mi ftAR II" I0 9 II e II I �I f 1 i I i i i 91 i' i ,p6 Ile S a I i J 1 4/23/2013 17. B. 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 2006 -42 Which was adopted by the Board of County Commissioners on the 26th day of September, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of September, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners By: Ann Jennejdhn, Deputy Clerk Packet Page -1862- Retn: 3937163 OR; 4144 PG; 0239 CLERK TO HE BOARD RECORDED in the OFFICIAL RECORDS of COLLIBR COUNTY, FL INTEROFFICE 4TH FLOOR 11/27/2006 at 03:21YK DWIGHT S. BROCK, CLERK BIT 7240 DEVELOPER CONTRIBUTION AGREEMENT BROOKS VILLAGE 4/23/2013 17.B. RIC FEE 52.50 COPIES 6.00 V THIS AGREEMENT ( "Agreement ") is made and entered into this _' day of 2006, by and between SEMBLER FAMILY PARTNERSHIP #41, LTD., a Florida Limited Partnership, whose address is 5858 CENTRAL AVENUE, ST. PETERSBURG, FLORIDA 33707, hereinafter referred to as "Developer ", and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, hereinafter referred to as "County." RECITALS: WHEREAS, Developer has legal control over or is the owner of approximately 22.7 acres of property in unincorporated Collier County, Florida, on which Developer will construct a commercial retail project to be known as Brooks Village, to be developed pursuant to the Brooks Village CPUD, which development is identified in the map attached as Exhibit "A" (hereinafter referred to as the "Development "); and WHEREAS, Developer including, but not limited to, a and construction easement a] (ii) five (5) foot of right-of-why the Collier Boulevard front e c of CAT bus stop with shelt ; ar, WHEREAS, Develo of the right -of -way of the Pi Development on Pine Ridge WHEREAS, prior to the Ap pay to County $25,000.00 for its 1 Road intersection signalization and 7fOOtfight- donations, at no cost to County, a and a ten (10) foot shared slope ge f the Development, as well as an construction easement along st ct or make a payment in lieu ing Ifid stor la4 anagement for the full width Road improve" pt oj_0 ong the entire frontage of the `L " � w the �$Collier ent order, Developer is willing to t te(s1q Boulevard and Pine Ridge nstruc n provements; and WHEREAS, this Agreement is structured to ensure that adequate public facilities are available to serve the Development concurrent with when the impacts of the Development occur on the public facilities; and WHEREAS, this Agreement shall not become effective until approval of the rezoning of the Development and the expiration of all applicable appeal periods to challenge the rezone approval with no appeal or other challenge having been filed, or if an appeal or challenge is filed, then thirty -five (35) days after entry of unappealed court order upholding the rezoning; and WHEREAS, the parties have agreed to certain other terms and conditions set forth below; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terms and conditions set forth below are in conformity with contemplated improvements and additions to the County's transportation network, and are consistent with both Page 1 of 5 Packet Page -1863- 4/23/2013 173. OR; 4144 PG; 0240 the public interest and with the County's comprehensive plan, and other regulations pertaining to development. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. At the earlier to occur of (i) sixty (60) days from written request from County, or (ii) the approval of the final Site Development Plan for the Development, Developer shall convey the Right of Way Property to County. The conveyance of the Right of Way Property to the County will be free and clear of all liens and encumbrances, except easements for utilities and drainage. County will pay the costs of any title work and searches, and Developer shall pay all costs for promptly removing or cur' cumbrances, or deficiencies revealed in any title work. The ten (10) foot aY�e�4 €-' ta' ction easements which make up a portion of the Right of Way Prrs�r all be applie �l� twenty five (25) foot landscape buffer for the Development eal it sidewalk is installed thi the (25) foot landscape buffer, County agrees that no additio n bitffer -w-W -- ie req 'red. 3. Developer ill r u p e `ter management for the entire section of Pine Ridge Road hi h ront t o e 1 e 4. Prior to th Ca" roval of the first eve] p e order, Developer shall pay $25,000.00 which represents loper's proportio s ar e Collier Boulevard and Pine Ridge Road intersection signal io and construction i o ents. 5. At the request, and th' �, ounty, Developer shall install, at its sole cost and expense, or make pa en struction to County, to construct a Collier Area Transit ( "CAT ") bus stop with shelter. The exact location shall be determined during the Site Development Plan review. 6. Both County and Developer acknowledge and agree that the contributions to be made by Developer for the benefit of the public, pursuant to the terms of this Agreement, specifically, a (i) 20 foot of right -of -way and 10 foot shared slope and construction easement along the Pine Ridge Road frontage of the Development, (ii) (5) foot of right -of -way and a 10 foot shared slope and construction easement along the Collier Boulevard frontage of the Development, (iii) $25,000.00 contribution for the Collier Boulevard and Pine Ridge Road intersection signalization and construction project, and (iv) construction of a CAT bus shelter or payment in lieu of construction, and (v) providing stormwater facilities for Pine Ridge Road right -of -way, have a combined fair market value of Five Hundred Thousand and 00 /100ths Dollars ($500,000.00). No impact fee credits, purchase price or other consideration outside the terms of this Agreement are to be paid to Developer for these contributions. Page 2 of 5 Packet Page -1864- 4/23/2013 17.B. OR; 4144 PG; 0241 7. It is intended that the Development will at build -out contain approximately I05,000 gross leasable square feet of retail commercial space. At this time, Developer is seeking to obtain a Certificate of Adequate Public Facilities ( "Certificate ") vesting the Developer's Project to construct 60,000 gross leasable square feet of retail commercial space for the purposes of meeting the County's Transportation Concurrency requirements. Accordingly, in consideration of the foregoing contributions by Developer, and in order not to overcharge Developer with respect to the estimated transportation impact fees that are contemplated, after the expiration of all appeal periods for Developer's CPUD Ordinance without an appeal filed, and within one hundred twenty (120) days of said expiration, Developer shall pay County fifty - percent (50 %) of the estimated transportation impact fees due for 60,000 gross leasable square feet of authorized retail commercial uses, based upon the impact fee rate for retail commercial over 100,001 square feet in size. Upon payment of these estimated impact fees, County shall issue an Adequate Public Facilities Certificate (the "Certificate ") vesting the Development for transportation concurrency for 60,000 gross leasable square feet of the authorized retail commercial uses. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the issuance of building permits, as well as the actual impact fee land use category sought by such permits. Payment of these fees vests the development entitlements for whi e�h plies on a continuous basis for three years unless otherwise relinquish < ificate shall be in accordance with the Collier County Land Dev t Code. This i timated 50 percent impact fee payment is non - refundable aft meant and receipt of the erti Cate. 8. The burdens of i re t b g u on, and the benefits of this Agreement shall inure to, i s c ss i t r s o i s t this Agreement. Except as otherwise provided herein, h' gee n s a e nd cq cancelled by mutual written consent of the parties hereto its so intev 9. Developer acke dges that the failu f ( eement to address any permit, condition, term or restriction sh n relieve either the a i or owner, or their successors or assigns, of the necessity of comp In law , rule or regulation governing said permitting requirements, conditions, orn<isrftlestr 10. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 11. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners, This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to the Developer upon request. Page 3 of 5 Packet Page -1865- 4/23/2013 17.B. OR; 4144 PG; 0242 12. This Agreement shall be governed by and construed under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. [SIGNATURE PAGE TO FOLLOW] R Cotj Page 4 of 5 Packet Page -1866- 4/23/2013 17.B. OR; 4144 PG; 0243 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: DWIGHT : :E: BRADgK, Clerk By:� 1 O•L• pI Clerk is "to: Cf�t f rn ar�r on • W sSES :. (Print Name)�1 (Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: mil/ FRANK HALAS, Chairman STATE OF FLORIDA (NUO COUNTY OF COLLIER The foregoing ins0ftInt , was acki /Vc �err,t✓ 2006, b a. Sl+ c ✓ Retail II, Inc., a Florida cored who is as identific i& WITNESS my hand and official NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Jeffrey . Assista 1 499135 v o \ I Sharon M. Vizandiou Commission # DD473101 Expires OctoirtwnntF ber 21, 2009 tAr Fin • Mc eCam�,7pL4 Attorney SEMBLER FAMILY PARTNERSHIP #41, LTD., a Florida Limited Partnership By: Sembler tail II, nc., a Florida' 2 /tj nle this an, day of of Sembler ,n to me or has produced �. Jv day o vbxjer , 2©06. Notary Public Sharon M. Vizandiou Printed Name DD 4/73! 0l Commission No. Page 5 of 5 Packet Page -1867- /a t & Expiration Date 4/23/2013 17.B. """ UK: 4144 FG; UZ� ZOMW. Bi4U FAWLY { I 4►c, ! v 1 1 � Q 'id $l�8 IRE VY ! ' 1 IE !{ I I ! I I I I � OYOtl BDtrl NS ew uMr S i �pjay�,p RIa 41a��rl :t P I I1 �. IFaI �ix� �ixl �iRj tta, tt�r idi' 6ti' $$�� .,a � 1: 1 $ ��� •� � � ; s �1 '! �R ;t � iR ,1 i! tR a xRat , • � i x x t x t x R t ti E I ► � 1 � � � e � aa� �'_� HT yr va yr 6yr Eva ir a it r R � ! C� ; t ; 1; EXHIBIT A' SEMBLER FLORIDA, INC. BROODS VILLAGE n� >� • ` CPUD o Is "e Bv�l.x aaaumao �u ®sar PE7Tfla'�RSPROiM41QUD"MpL4 =rr 'L � wo:�r•�riwwWV, a.ii�s rr.s Packet Page -1868- �4 It" 4/23/2013 17. B. April 14, 2008 Mr. Michael Greene, Planning Manager Transportation Services Division Collier County 2885 Horseshoe Drive South Naples. Florida 34104 Re: Turn Lanes, Bike Paths, Sidewalks and Cat Bus Drop Off — Payment in Lieu Brooks Village SDP — AR 11256 SW C Collier Boulevard & Pine Ridge Road Dear Michael: This letter is Sembler Family Partnership #41, LTD's (Sembler) letter of agreement to pay cash to Collier County in lieu of actually constructing the work in the amount of $200,054.73, attached as Exhibit "A" to this letter. Sembler also agrees, that in addition to this payment4n -lieu of construction, Sembler will install temporary, interim turn lanes as included in our SDP in the event, which appears likely, that the Brooks Village project precedes the county's installation of the permanent turn lanes -in conjunction with the County's Collier Boulevard widening project and the Collier Boulevard - Pine Ridge Road intersection improvement project. Sembler agrees to have this payment added as a Stipulation to the SDP review, said payment to be received by Collier County prior to the release of the Brooks Village SDP Approval Letter. As a condition of this payment, and by acceptance of the Payment -in -Lieu funds, Collier County shall agree that all conditions of the Brooks Village CPUD Sections 5.7 DEVELOPMENT-COMMITMENTS-TRANSPORTATION item (F), and Section 5.8 DEVELOPER'S - COMMITMENTS item (B) have been performed and satisfied as of the date of acceptance of the funds. Sincerely, / 0 �1_ Tom Hareas Vice President, Development Cc: Nick Casaianguida, Director of Planning Christine Willoughby, Planner Dave Davis, Sembler Agreed: Collier Co my Transportation Services Division Michael Greene, Plammn ger Date .. ft9& 1'JO 224 THE SEMBLER COMPANY I SEMBLER.COM Packet Page -1869- y y 0 c zr c N J N O O R. 0 o bm � 'v 5 `CD w Co � K ` n 0 c CD n 4/23/2013 17.B. tea h C 0 o rjcD >�',�] = :: " d Y w Z CD CD `� cD > 4 CD LA r �C D z z o o Cam' y N FCD.t =c, CI r ot CD F ► .t CsJ L!� .! �p �• �G Cti. ry►� ►d CD O k C r CD � F-' CD R; 01 a' ~J F��l C O" O ; COd 7D r w CAD 0 CD � bi y tn °odd (D C O ., n w CD �' c- �. a. Z Az o r�nC� n .. cD �. a, cD O ,�rJ �••� � o� Z " z �- ouzo b nd n z C � C a. iD c :z C z Pj 0 y r, CD� rods j y*2 N a~ (D CD . �rmh Packet Page -1870- a w w o' a CL: • d o Cr R N O w+ oaf o OA°�'� O O n °may' Az�y�y CD O r N CD ID o �yrr o CD m CD 15 tv 'a S" �d y o CA °` :,� co O O z r o 5� CD (p V CD cMu v' ;, CL CD o ,� a � C) CD tz a M CD d mo; ray d CD D �o CD z CD An o is FL -! o o� � �r t o C o `ono 0 a ° > CL C �' 0 CD O hd C CD Packet Page -1871- 4/23/2013 17. B. n uy ^^H !l 11 I y uO r ` 1 11 H r y • 4/23/2013 17.13. Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date I Payment Slip Nbr 834818 5112/2008 3:48:20 PM 5/13/2008 JAR 11256 Appl Name: THE SEMBLER COMPANY Appl Stage /Status: REVIEW STAGE NO. 2/PENDING Address: JOE FILIPPELLI 5858 CENTRAL AVE ST PETERSBURG FL 33707 Proj Name: BROOKS VILLAGE SHOPPING CENTER Type: COM TAZ: 80 Subdiv Nbr: 714 Project Nbr: 2006050083 Payor : SEMBLER Fee Information Fee Code Payments Payment Code I Account/Check Number Amount CHECK 1141948 $263588.00 Total Cash $0.00 Total Non -Cash $263588.00 Total Paid $263588.00 Memo: Cashier /location: MURPHYLINDA / 1 User: FLORISROGERS Collier County Board of County Commissioners CD -P /us for Windows 95 /NT Packet Page -1872- Printed:5 /12/2008 3:48:45 PM Description I GL Account Amount Waived 08DEP2 DIST 2 ROAD COA DEPOSIT 133316365336350031333 $263588.00 Total $263588.00 Payments Payment Code I Account/Check Number Amount CHECK 1141948 $263588.00 Total Cash $0.00 Total Non -Cash $263588.00 Total Paid $263588.00 Memo: Cashier /location: MURPHYLINDA / 1 User: FLORISROGERS Collier County Board of County Commissioners CD -P /us for Windows 95 /NT Packet Page -1872- Printed:5 /12/2008 3:48:45 PM 4/23/2013 17.B. L GEWory Semi lm, Semble.- 'a c rt °arm rs tiia #•ii. Qd.. h6n!,, first duly swon, de voc; awl sky has Sambler F'auggy Parmrsai-n #41 LUL agrees to deciic= to Copier coursty° UtHitics. the *vier rl stribation. stud se%ne colie cdon tacifid s -thin thc P -OJcct ale:, upwi cowpbruon of tbt: construction o7 these facilities in accordance ,xith ail applicable County o*ttint e:> it cfu.rct at tote tire. Additionally-, Setnbler Faa6h P rtuershin, 4 -11, Ltd. or yumessix developer, agr. that the applieabi. s "wm dev6fapmem chagws and connection fa. will !v: paid to Ot Colaw*, t tttl;trr5 I7iV'iSian prior to the is-sumet of l'itiiltiinI pern.im by thc- ic�u -tj, Fin�ui.r. al?a1 xt upplicable. Sembe_- Fam.11s :Pasrt�rersikka ##pit. Ltd. or successor devc aper, gees to oed c atc I he appropriate utility eastme ut:s, for scrvinq the. water avd smve*r syste:rns• Signed: r° '--t. �. i ,, •i °� Date-, ' revou sem er f - , Sembler ramih• �'artuenhip #1411 Lid. STATE i-F (Florida) COUNTY OF (Pinallas) Sworn to and sue scribed befom— me this day of r ,s (Nntary Public) CR?PSE ON--- OF THE FOLLOVANG: whom personally kn&*n to me. who has produced and did wkks an Oath did not take an Oath r, e �'!i LT �T r MY" COMMISSION EXPIRES: as ide- ukahor. y �+ 'ti VAKNELLS% MCIN►Ta"ti 5: _ Ifot�,r PW to . $We otFWjda *cam. FAmss na0 2s; 2M5 '': ern , • Cc bn,0 EE i Packet Page -1873- Prepared sy: Jennifer A. 8eipedio, Eawlre Office of the County Attorney 3801 East Tam}aml Thal! Naples, Florida 84112 (239) 774 -8400 4176281 OR: 4368 PG: 19.4/23/2013 17.B. 000I11D in OIa!ICIU Ii>iCO10I of Ct unt l'00m, n 0611012008 of 01:33A1 OF= 1, 11001, CMU 11C m 27.00 10C -.70 .70 Aetn: nu 18!1!1 11tt1I0 1 IM101110 Aft1:0A1T /11T 6073 PROJECT: Brooks Village Well Easement UTILITY EASEMENT THIS EASEMENT, made and entered into thins , day of dnc 2008, by SEMBLER FAIIRLY PARTNERSHIP 841, LTD., a Florida limited partnership, whose mailing address is 5858 Central Avenue, St Petersburg, Florida 33707, (hereinafter collectively referred to as "GranW), to the BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEINER DISTRICT, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor and "Grantee" include all the parties to this Instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH: Grantor, for and in consid 0) and other valuable consideration paid by the Grantee, the receipt and su w !Ch cra�Medged, hereby conveys, grants, bargains and sells unto the G ccesaors and aesig I, non-exclusive easement for purposes of constructing, o fining a raw s well together with necessary rotated appurtenant intrastructu — o feiigng d ri lands located in Collier County, Florida, to wit Subject bk mints, restrictions, ng JY# of record. TO HAVE AND TO HOLD the��icl�h ±her with the right to enter upon said land, excavate, and place or remove ma r dot not limited to, water Imes and pipes, well pumps and raw water wells, and other egin n improvements appurtenant thereto or thereunder for Me purpose of constricting, operating, and maintaining a raw water supply well and its appurtenant infrastructure thereon. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Sembler Family Partnership v IDs FbtMa'y Limited partnership By: Sem r Retail tl, Irjcj� �o- GrM By: Witness Nam Print Name: (Print or Type) —07 _ On ✓�_ Tale: or Type) DH%ARD S CiOWEYANCE ACCT BY THE I TO PROV{S �S, ')F RES�.UTION N0. UE -W PIPE i WELL Packet Page -1874- OR: 4368 PG: 1999 4/23/2013 17.B. STATE OF COUNTY OF - iYA.,A The ongoing Utility ant was ac�nowledged before rte this ad 'j day of 2WB S. �CiL.,� .� pa. �tTitle) L on f of Sembler Retail IE, Inc., a corporation, as general partner of Sembler Famiy Partnership #41, LTD., a Florida limited pannenhip, who [In is personally known to me, or who L] has produced as identification. WITNESS my hand and official seal this _day of_ I 2008, Approved as to form and legal sufficiency 3®n r A. B edi+ Assistant COMIQ Attorney M -w PIPS E M= 2 Packet Page -1875- ZMCAI)RI40WCk'LV r*- .t.,AlgpdZWi, 5 ILNadel,4fgA !II:Z MAN. IM * ** OR: 4368 PG: 2000 4/23/2013 17.B. FORMN OF MAC' 106 �i GT:JT :O..'.6 a N tl IM Y BL "ARY of ZRACT 714 ` £S \) moo, I I PROPOSED 7RACT 5' I BROOKS VILLAGE SHOPPING CENTER l f I � I { moo' N 0079'03' E a 50.00' ^ a 4 Co Mill (� oi 0 2 > Oh, "+ r -5o' I ti x ni n Ce - �r n 11'i 2 y I'll, g` R+%fA o 4 2u`'' U A „� • rid lay 3 W RA42 Ph E� "per' o '+ � � •� °y -�� `"�� � a 8�8 > agR� ~� Ap + f y� Q Crjb r ii u Lh wta Ab ' •^ ttxgo��1 conQO a n Ln a a a s°+ u o� if O M n N C P n 3'7^eYg{ N�Qi� I" iP - n R ~i of Packet Page -1876- Eft, 6 .1 .kpwnl 15. 2009 4/23/2013 17.B. C OLUE, R C0 NIT GOB ERINTM F. NN T Coattmurdwt Div «lopmeratsindEnvirant ental`ervi € hisi 1c iG'niny =J, Land, I evcicrpr=r T M1L :•tai' .ZSOO Rorsa!S iaaL iir -�•.'. e' ��',"'�«.�5. Flai; ire 4'S:rve ?►tn Man Thonss Tiro ;etribler Company : 939 Cwtral Avcout: St. Petersburg. 11 33'70';-1 38 RE: J;N'TY Z0Q& 13tO2, Request for official interpteetation of Section 5.6 of the Bnxoks Village Commercial Planned Unit Development Document to determine whether ltigh-yr�t r'e sWium light fhtures may be approved for this Brooks Vallrtre project Bear Mr- . Thomas. Pur ttani to Section 5.6 of the Broo" Villa_,r Ccnnnxxc ai Planned unit I uvt1opme'nt Owument (Ordinance Nio, 06 -42), jail hin a as-I the 7oning and U+nd Devatr.;p v ent e-new Riwr for to rC--r.dzr an official mterpretadgn u).reu-rnine Otedrtr•htot- nressum sodiutr► lights fixturf� may ►r apotoved for the Bt�lcr• Vilia ze prir. jet.. - , ID yout racfue<t. -you tee, that St:..tion 5.6 416ghung) of the b`ra:iI:s Vial Qe PUD Document re quirts, , a't ii j6ng facilitie to utili:x ` 1. ". - press+yre :.odium t;a• similar burs." You fur&wT arovi& ctocumentutu;n that the c_oiiier County Grow* Plan's C olden Gate �rza 1iaSU'< Pfut, (Gr:A i ^) corrta n; M rlilar lan.vagc in Sect;rm (Bill) f' hqy 5J-1, staying that -parsing Im iampr sh,311 be icn-v- preswi *e ic+cliuz qpe latnfK- Tne PUD Document and GGa %4P discnurag: and %or v hihit "halagen [ktei.-J haiidel Iighting " You include wnih your Mucst a letter tD Bmks Village Pr+nlc+ct Planner Christine Wi loueliby citing r. narrative provided tr. Sam Eubank. P.E- of C•oluill f rr,pineering which pwsuarl el-v argtaes that inw- ! -enwne 4odium Lighting has not bwn an acceptable light ". m:e frw roRr mercm) sits: iightir g proje xt.'v foi- at ifaa-t 10 years, and you store }'our contention that imv- ivessore Lwdiura bulbs are an poor l g W u sow- e iron parking lot lightirg. You swt: that high - pressure sod ±unt hgEdrnz 15 not InT61 rsd Ps metal ha'idc rand do" nco produce the same "%,white halts" as mow hal-der (halc%en) li=ghting. ; inalh, you present you t argument that hiSb- pm -jsw•r sodlourn lightma i:, compatible with the urea: of the iangua►gc ir; note, the GGAMP and the PUD Dtn ument in that it ptt vides an rauceptable illtsrr_inarion and rundai�n e., well as a color aimilar to tew -pr es w: scxiiurr, ligltiag. Smt rm.. 5.6 of tb Broa -, V'i` hA,ae PUTT Document eta ei xhe ,`kAlowing, ``Ale trevik e f x0tyle... vryall lyy :rrcmestrrrativ- dotgno shaV hd Immea -f jots '.3) Pet ° +u�.li it, *Irirati fi�or.irt *ter N, F yr r , i • y r- ;�hsll utfl::.�u' j:,r4� 1rtiw prt:�:>a c st.clirenr, . r s_nrlur h�,t_�5. ,.a��t he c_vc6:lrc. ,'rc °.r. crc.igf ±harym- r�a.,�r.�rrrUi l and uve• . n Itglrang i j?rrjhtli,l @�,`. " ,, fly C'!CdC. l,yti- 71 0f"114. W14M.= i , it?+_11 CS--ph vi other +.1atl to indx -te 3.hat the li>_:hang be shieldee from nui_u}±mnisP land to tw. that the C: -Z:A nift..-e -I v.aq- ,I) P!t 1'4 !t intrwshe Iigftt sources, pollutnun ") d."tt -nn ntdl to 7 ?� ►�� * +l1'+fl�w_ -' r�. t�C'P !;il t�v�c.o Dior. (VIII) Police 5, i , Isar of tlics GGtMP swes Oat a nlr ee! .r�ahr or tfi,! r fighi....viudl L, c,;'t+x nvw 5p;:'frjed I t j!P!hl.'C1 ! h%r/9A rlYti tl!+ e/+rt Gar:%►, �glarey, 'Item 't�l>t,�tq $hetlt he �/siel,lr rl.�!►rn them C__ a. t V J c �,✓ si w L' r Pap919s o . 24 'rc�1w 1s 52�l , l ^'t' 25, 9 3 (I t n _ ........ Packet Page -1877- g 4/23/2013 17.B. d4r..,vi ray—w,-4p am PM& haft. La* ,orws m t,-.oas wn irxip5 arr +c tale ba/v q iifrhtti alt law U?%- a1h.colay g-eif " Section ("M) pcsl--Arw� .5� I I a.?. Suites that. -f'fw'WN pA sh'.;W h--, 11114• ppc:: xvr.v sadfum rp! hn.ip% ana -shall S-., onowavtl N,., Opta p'jon/ down-crd -,iwh.1wd davrw' rtrev pust the pa,*mg hit- ' The intent of L1l5 ianotAet ir, iiionz--vliat more cxvh, :%t v.Ith rcpal w. prnieciing nzighavrin- prcVnics ti-cm direct gtare, bet appazentl�y r6c% M1,we lit.-A-vily ors 03eldIrL. aced dirrx.tion7than on the n;V'tura C-F the light st'wvc c'o4h the'PUr, NA:u"unt Pad drz CGAMP, its their lane tjaV, leave .,irw-n wt rxnsitolizy L i I *Nj !I hi,-.1, nimilar to low-imme�ity sodium. The I'UD Dkx:umont An its m.timertec w "Aoyv pmi.;we ;Padium Kf sqniiar bulbs:" xod the GO.VNIF in it-, rafewcz w `oO* pr's ;aria-: sodmun tvric; 'art Fordic-rinoic:- 4; '.!w rnhutcs of the C:Mlier Cntxnr Planning hearing fm ihu Bnot)6- .":flag/; MO r—e-One. the Chairman of the Planning Comm-irskm buted IT-tat he felt the PUD bhuttlti require --Ait-A, rMC4Wur.: Nodilln- or an gquivalext ucei the Saar age of light ir %irnita-type cif lie llet" and rhA hc ,,anted to aw'd ra* l at the bearing 'was to the - fifer ing-, wtt.42" itsht pwd-,jced by -halo;wC* Q4,%-i the supwrving diXurricatation pm --jdcd 1',) yoar cilginwring wrl,;ultwt, u al reaarj thud lov- pr ass ilm sodium lighting is SprictallY saftsi emd knv filsht n- cinCtatvrs and ortler cxp--rLs jil the U I.;= ,d t S - gh _' field To N- an tmsmisfactory and outrmder, lig.At soxnet and s 6 1. h2ht' If. ;Nrne.-Ov coonsidered k,, Uhc*t exNerts tri be similar. but surwriori.n. low-pressar� %A11-voi lighting. Boyd upon upon file specific Iangusge in the Bnxtk,4 V`lltape PUP voted above, the %pecific language lu the GG.&MP noted above and the intent therer f. both in wajunction with your supportiw_ documentation, it is my opinion th-At High sodium lighting meets the intent of both the KUM Document and the GG,AW. provided that the light source is so directed as to shield neighboring residential development& from intrusive figlit. Par,wrt to Division 1O.M.02-17, of the LEK:- this interp•uttion has bee scra jx) you %ra cerOcd rrail, retuir, receipt requested. A cop; of this interpmution and appw) time frames,% M be Waced in thf-- ' ;n !CS Dailv'News Within 30 day-;,of receipt of this twer. or within 30 dayE ef publicatievi of the public notice ar} aftcted grope-my owner ly. aggrieved or advem-my aftxted party, trw- appchl rht interDreurfi-yu to thz Board of Zrining Appeals (,Er/-A' ik nNuest for an appeal must bt; fiW in wntjkp- and must state the bar-is for the appeal wil inclow any pertumt informatior, e4iibits, or other back 4w information In suppcct of tht appeal. Tbeappealriu%tilc accompanied by a S1.000 00 application and prore3sing fee, If pa�-meni- ix in the form of a vh-eck- it shoullif be made :uit us tha ('-nilier Counti, Board of Crartmisslonerj, !krj awcai can be hand d0wred or nuiled to rnyattention at the address, provided. Pleiwe do ant befiftate to coinAactme should you have any further questiorts an this rnatb.-r. SURCOMly. Suim M. 1swics. AfCP, Director Depwrtment of &%-aii.m &,- Land LIevelopirsont Pc%!c,% Cc Da ;-id Wm--k.--. Gmwb Mattaizzment Manawr Page 200 of 224 Packet Page -1878- '0 N d m L i Y � m u E u _ L O O s d a E a.0 O o c 0 i r w d N N � Er3 i 01 c a O * d = H w E - CL = 3 CS i C V" E kA r Eg� A. * c > > 0 a m = d o +r >5. � d OR !0 V d ++ L ° >. c c L O u = p V. i D A N w m L N O r = T w d d u a L S N L O O w 0 d O m « E c 3 o t N L d t i H V .1. a 4/23/2013 17.B. 0 D n U Z a H W ui 0 O G > cc G a.��Co Q � O !- E Q p C LO LU J N V ® a) ��NZZ VI r U. Z M — CL M v W 0 < —0 C o v W = E W a- V J p o o a. mU C V W CU i � J fig Cn W rS, 4 Q L.i.1 '0 N d m L i Y � m u E u _ L O O s d a E a.0 O o c 0 i r w d N N � Er3 i 01 c a O * d = H w E - CL = 3 CS i C V" E kA r Eg� A. * c > > 0 a m = d o +r >5. � d OR !0 V d ++ L ° >. c c L O u = p V. i D A N w m L N O r = T w d d u a L S N L O O w 0 d O m « E c 3 o t N L d t i H V .1. a 4/23/2013 17.B. Packet Page -1879- N 00 N rl d1 d s c 00 .y Az -4) N d 'd VI Q J C i W N i M d � 1 Q t� �fl a R D Z J Packet Page -1879- N 00 N rl d1 d s c 00 .y 4/23/2013 17.B. AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004 -41, the Collier County Land Development Code, as amended, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. (Signature ,of Applicant) (Printed name of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this / 4? day of Ce e/ , 20 by �j (,1jJ DS y r S who is personally L/ or who has produced (Si ature of Notary Public) Printed Name of Notary Revised. 7126111 Packet Page -1880- as identification. (Notary Seal) f. r T 4/23/2013 1 7. B. TAXTAINC. CONSULTING AL Z t / ♦t 1 - Planning - Visualization Civil Engineering -Surveying & Mapping December 06, 2012 Dear Property Owner: Please be advised that Sembler Family Partnership #41 Ltd. has made a formal application to Collier County for an amendment to the Brooks Village Commercial Planned Development (CPUD) located on the following described property: Property Location Description: The Brooks Village Commercial Planned Unit Development (CPUD) is located on the southwest quadrant of the intersection of Pine Ridge Road and Collier Boulevard (C.R. 951). Access to the property is from Pine Ridge Road, Collier Boulevard (C.R. 95 1) and 11 th Avenue SW. Development Description: The property owner is petitioning Collier County to amend Ordinance Number 06 -42, the Brooks Village Commercial Planned Unit Development (CPUD), by adding an access on Pine Ridge Road; changing the access on 11 th Avenue SW from ingress only to ingress and egress; by changing the hours of operation only for the outparcels fronting on Pine Ridge Road to 24 hours; by amending the Master Plan; and by revising and deleting developer commitments to reflect built conditions and changes to the Collier County regulations. In compliance with the Collier County Land Development Code requirements a Neighborhood Information Meeting will be held to inform you the changes to the described property as indicated above, and to give you an opportunity to ask questions and provide input. We are holding a Neighborhood Information Meeting on December 18, 2012 at 5:30 pm at the Golden Gate Community Center located at 4701 Golden Gate Parkway, Naples Fl. At this meeting we will illustrate and describe the proposed changes and clarifications and to answer any questions you may have. Should you have any questions prior to the meeting, please contact me directly at 239.597.0575 ext. 259, or pvanasse(ii?consult- rwa.coin. Sincerely, Patrick Vanasse, AICP RWA Consulting, INC. 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Office (239) 597 -0575 Packet Page -1881- CDES OFFICE OF GRAPHICS AND TECHNICAL SUPPORT GIS PROCESSING RQUEST Property Notification Address Listing CDES Approval Signature: Date: November 9, 2012 Requester's Name: Margaret Emblidge RWA, Inc. 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 Phone: (239) 597 -0575 ext. 206 (or e-mail mmc @consult- rwa.com) Folio number of Property (or PUD name): Brooks Village CPUD Folio #s 24825000025, 24825000038, 24825000106, 24825000122, 24825000041, 24825000067,24825000083 Site address of property (if have): The subject property lies in the southwest quadrant of the intersection of Pine Ridge Road and Collier Blvd, Legal Description of property: see attached How many feet b�zffer around Property? 1500 500 ❑ i0u " "0 Include the Properties: Internal ❑ External N Results: Want Names and Addresses Only or Want Names, Addresses, and Legal Descriptions ❑ ❑ 1. Spreadsheet (MS Excel) on Disc ❑ 2. Print out of Spreadsheet on Paper N 3. Mailing Labels ❑ 4. Spreadsheet + Mailing Labels $70.00 $75.00 + Sc for every record over 1500 $80.00 + 6c for every record over 1500 $85.00 + 1 Ic for every record over 1500 Packet Page -1882- 4/23/2013 17.B. LEGAL DESCRIPTION PARCEL i 4/23/2013 17.B. 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 I I I 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 I 1 I 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. PARCELS THE SOUTH ISO 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. 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. 0 Packet Page -1883- 4/23/2013 17.B. 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. Packet Page -1884- 4/23/2013 17.B. 09f9109 ts® /u9AV oane alggdwoo ww Lg x ww Sg jewJo� 9p 8pnbg3 0918f0919® fuaAy 4om aigpdwo3 Rl9 Z x , j azls lags, M1 • 1a 39TH ST SW TRUST ADAMS, STEVEN M=& JENNY W ALTEMUS, ROBERT W MANAGEMENT SERVICES LLC TR 12885 COLLIER BLVD TATIANA C LEWICKI 2208 SUMMERSWEET OR NAPLES, FL 34116 -0000 15335 SW BOTH AVE ALVA, FL 33920--4606 PALMETTO BAY, FL 33157 -22D3 ARAND CORP ARAND CORP BARRY, JOHN--& SHEILA ALINE JIDY ALINE JIDY 4180 7TH AVE SW ALFREDO JIDY ALFREDO JIDY NAPLES, FL 34119 --4028 PAUL JIDY JR6365 COLLINS AVE APT 3011 RAUL JIDY JR6365 COLLINS AVE APT 3Di 1 MIAMI BEACH, FL 33141 -9815 MIAMI BEACH, FL 33141 -9615 BARRY, JOHN- -& SHEILA BAYS, DENISE BRIDGE, RONALD M =& MARLENE A 4180 7TH AVE SW 4272 PINE RIDGE RD 2102 MEADOW LN NAPLES, FL 34119 -4D28 NAPLES, FL 34119 --0000 PITTSBURGH, PA 1522D -1817 BRYANT JR, WM F=& JOAN M BYRNE, KENDRA CARIBE INVSTS OF NAPLES INC 424113TH AVE SW 7555 MEDOW LAKES DR 12275 COLLIER BLVD STE 14 NAPLES, FL 34118- -•5231 NAPLES, FL 34104 -0000 NAPLES, FL 34116 --6031 COLLIER CNTY DANCA. GARY L -& KAY DANCA, GARY L =& KAY CIO REAL PROPERTY MANAGEMENT 4145 PINE RIDGE RD 4145 PINE RIDGE RD 3335 TAMIAMi TR E, STE 101 NAPLES, FL 34119 -4007 NAPLES, FL 34119 -4007 NAPLES, FL 34112 —WOO DANCA, GARY L =& KAY DANCA, GARY L=& KAY M DARWIN, JULIETTA 4145 PINE RIDGE RD 4145 PINE RIDGE RD LEE & DOROTHY WEXELBAUM NAPLES, FL 34119 -4007 NAPLES, FL 34119 --4007 4190 7TH AVE SW 0 A NAPLES, FL 34119 --4028 DEWRELL, TRACEY =& MARA DOUCE, KYLE R FEDERAL NATIONAL MORTGAGE ASSN 4231 PINE RIDGE RD 416611TH AVE SW %BANKOFAMERICA NA NAPLES, FL 34119 --4044 NAPLES, FL 34116 -3010 400 COUNTRYWIDE WAY SIMI VALLEY, CA 93085 -0000 f FEKKES, HAMS E_& KIMBERLY FIFTH THIRD FLANK FRIEDRICH. ERWIN B BANS H FEKKES MD 1DATA1 CORP PAC 2937 S ATLANTIC AVE APT 809 25 13TH AVE SW 38 FOUNTAIN SQUARE PLAZA vAYT BCH SH, FL 32118 -6045 NAPLES, FL 34116 -5229 CINCINNATI, OH 45263 --0001 F FRUTH, JOSHUA M GG POST 97721 VET OF FGN WARS GLEMBtN, JOHN F=& DONNA S JULIE M MANDEVILLE 800 NEFFS WAY 780 WEBER BLVD S r 3890 WHITE BLVD NAPLES, FL 34119 --4070 NAPLES, FL 34117 -4158 NAPLES. FL 34117 -4128 GONZALEZ, RUBEN & LJDIA GOODLAND PROPERTIES, INC HAGER, BUDDY D 12915 COLLIER BLVD 4711 FIRST AVE NW SUSAN WEEMS NAPLES, FL 34116 -4001 NAPLES, FL 34119 --ODOO 1010 39TH ST SW NAPLES, FL 34117 -4167 ` label size V x 2 518° compatible with Avery 05160/8160 Etiquette & format 2: eo Avery "l60 /8160 Packet Page -1885- HAIRE. JAMES '05 11TH AVE SW PLES,FL 34116 -4011 HUGHES, CAROL A 960 39TH ST SW NAPLES, FL 34117 --4163 LAMB, JOHN I=& ELIZABETH J 4060 LAMBS WAY NAPLES, FL 34116 --4DOD LDJ ASSOC LTD % A E BROOKS B800 SW 116TH ST MIAMI, FL 33176 -4338 UL WALGREENS HOLDINGS LLC 1 D4 WILMOT ROAD MS #1435 ATTN: TAX DEPARTMENT DEERFIELD, IL 60015 -ODOO MARES, WILLIAM F = &AUDREY M 38911 ITH. AVE SW NAPLES, FL 34117- -4139 MASON, JOHN 17900 NALLE RD FORT MYERS, FL 33917 -2204 MC CALISTER, KENNETH -& CLAUDIA 47, 0 11TH AVE SW :i 34116 -4012 MEDINA, JOSE =& YOLANDA 1130 39TH ST SW NAPLES, FL 34117 --5362 NATIONAL RETAIL PROPERTIES LP % THE PANTRY INC 1: TAX DEPT .OX 8019 CARY, NC 27512 -8019 4/23/2013 17.B. 09l.E/0919w ljany Dane apiludwoD ww L9 x Luw qZ pWi0j ap apnbq 09 L8109L5®ivany pm 91pedwDD .619 Z x , L 92p label HERNANDEZ, JUAN =& MAFU Z.A HOY TR, MICHAEL 761 WEBER BLVD S 620 23RD ST NW NAPLES, FL 34117 -4157 NAPLES, FL 34126 --1828 JAEN, HUMBERTO L KOCH, NICHOLAS WILSON 4380 7TH AVE SW 4191 11TH AVE SW NAPLES, FL 34119 -4032 NAPLES, FL 34116 --4009 LANDERS TR, JOAN LEE JOAN LEE LANDERS REV/TRUST UTD 04/25105 220 DOVE TRL BRADENTON, FL 34212 -•2962 LEM, KAREN D 422511TH AVE SW NAPLES, FL 34116 --4011 LOPEZ, ARIAM PO BOX 652214 MIAMI, FL 33265 -7114 MARTINET, SEVERA M 3625 SW 23RD CT FORT LAUDERDALE, FL 33312 -4255 MATUSIAK, FLOYD M=& KIMBERLY A 4121 11TH AVE SW NAPLES, FL 34116 -4009 MEDINA. JOSE S =& YOLANDA 1170 39TH ST SW NAPLES, FL 34117 -5382 MEDLEY, CRYSTAL K 4230 PINE RIDGE ROAD EXT NAPLES, FL 34119 -4045 LANDRY.RAQUEL 4221 PINE RIDGE ROAD EXT NAPLES, FL 34119---4044 LESSARD,ANDRE LISA ROBBIN SCHNEIDER LESSARD 3890 11TH AVE SW NAPLES, FL 34117• -4140 LYTWYN, PETER =& SHIRLEY 4131 13TH AVE SW NAPLES,FL 34116 --5229 MARTINEZ, TERESMA 5226 SW 102ND PL MIAMI, FL 33165 -7017 MC ALEER, RONALD L =& ROBIN R 41611 iTH AVE SW NAPLES, FL 34116 --4009 MEDINA, JOSE =& YOLAND 1171139TH ST SW S %,34117 --5382 MURTACK,MYLES MONTGOMERY SHERI JUDY MURTACK 4260 7TH AVE SW NAPLES, FL 34119G"DDO OROS, GARY PARKER, CHRISTOPHER M PATRICIA LONGMORE JANICE T PARKER 7320 WALNUT RD 12825 COLLIER BLVD FAIR OAKS, CA 95628 --6726 NAPLES, FL 34116 -4002 label size 1' x 2 5/8" compatible wail Avery *5160/8160 ttiquettede format 21, Packet Page - 1886 - °c Avery 65108160 N 4/23/2013 17. B. 08f•8I09 L9® Many sane algl�edwo3 Lulu lg x tutu 9z ;euua; ap a>�anbp3 � Y Og t8l0g l se AjBAb pm 9lggedwon „8/4 Z x „t 9zts laps PATTERSON, TODD J=& LINDA E PINE HOLDINGS LLC PINE RIDGE HOLDINGS LLC 4111 PINE RIDGE RD 540 W FRONTAGE RD STE 3245 540 W FRONTAGE RD NAPLES, FL 34119 -4007 NORTHFIELD, IL 60093 --1283 NORTHFIELD, IL BOD93 -1250 PINE RIDGE HOLDINGS LLC PINEGATE 135 LLC PLASTER, BRAD S 540 W FRONTAGE RD % RAM REALTY SERVICES 1230 39TH ST SW NORTHFIELD, IL BOD93 -1250 4801 PGA BLVD NAPLES, FL 34117 --5363 PALM BCH GARDENS, FL 33418-0000 PLASTER, ERIC A=& ANGELA POCCHI CONSTRUCTION INC POCCHI, ANNE M 1210 39TH ST SW 12855 COLLIER BLVD 12855 COLLIER BLVD NAPLES, FL 34117 -5383 NAPLES, FL 34116 -4002 NAPLES, FL 34118 -4002 PRICE, PATRICIA SUE FALBO PRIETO, RAY =& PROVIDENCIA RARE, CAMERON =& ELAINE 4104 PINE RIDGE RD 4176 11TH AVE SW 4220 11TH AVE SW NAPLES, FL 34119 -4045 NAPLES, FL 34116 -4010 NAPLES, FL 34116 --4012 RAMKUMAR, ALBERT -& MOLLY RAMKUMAR, PAPAS RICHMAN, ROBERT P 4241 PINE RIDGE ROAD EXT RUCKMANSE RAMKUMAR 4160 11TH AVE SW NAPLES, FL 34119 --4044 980 39TH ST SW NAPLES, FL 34116 -4010 NAPLES, FL 34117 - -4183 RIVERA. DAVID =6 MICHELLE M RODRIGUEZ, AUGUSTIN F RODRIGUEZ. NESTOR 389511TH AVE SW FLORA H RODRIGUEZ 13945 COLLIER 13LVD NAPLES, FL 34117 -4139 3895 13TH AVE SW NAPLES, FL 34119 -1535 NAPLES, FL 34117- -5329 SCHOONOVER, JEFFREY A SEMBLER FAMILY PARTN IP SEMBLER FAMILY PART MICHELE M SCHOONOVER #41 LTD #41 LTD 41711 1TH AVE SW 5858 CENT E 5858 CE AVE NAPLES, FL 34118--4009 ST PE URG, FL 337D7 -1720 ST P BURG, FL 33707- -1720 SEMBLER FAMILY PARTNERS SEMBLER FAMILY P ERSHIP SEXTON, MIKE J & MERRYLE ? #41 LTD #41 LTD 1040 39TH ST -3W { 5858CL:.: r.=�` 5858CEN AVE NAPLES :•alfi7' ST PETER G, FL 33707 -1720 ST P BURG, FL 33707 — 1720 SFR 2012 -1 FLORIDA LLC SHIELDS, JAMES Ta& MARY E SILVA, WASHINGTON =& MARIA E 135 NORTH ROBLES AVE 2401 GULF SHORE BLVD N APT 64 4220 PINE RIDGE ROAD EXT 4TH FLR NAPLES, FL 34103 - --4304 NAPLES, FL 34119-4045 t ASSET MGMT PASASENA. CA 91101 -0000 t SMITH, CAROLE H SS REALTY LLC STAHLMAN LANDSCAPE COMPANY 4121 PINE RIDGE RD 132 SHEPPARD AVE W STE 100 PO BOX 888 NAPLES. FL 34119--4007 NORTH YORK, ON NAPLES, FL 34106 --0888 CANADA, M2N 11015 -0000 label size 1" x 2 5/8" COMPatible With Avery P5160 /8160 ` ttiquette de format 2 Packet Page -1887- lec Avery 0516018160 STAHLMAN LANDSCAPE COMPANY 00 BOX 888 ILES, FL 34106 -0888 TAKALA. RICHARD SHERIS TAKALA 389411TH AVE SW NAPLES, FL 34117 -4149 WALSH, DAVID E PO BOX 890697 NAPLES, FL 34116 --8002 WINN, RICHARD J 4180 PINE RIDGE RD NAPLES, FL 34119 --4045 0919 /0915x+lv9Ay acne 9igi;edwn3 Ww L9 X Ww 9Z IRW101 ep agonb113 0919/0919 Aj8AV Lplrn epl;edwoo „919 Z X „1 azls label T FOUR J LLC TAGG, MICHAEL D 5409 GRAND RIVER DR NE 423011TH AVE SW GRAND RAPIDS, MI 49525 -1011 NAPLES, FL 34116 --4012 4/23/2013 17.B. w i ` THOMAS TR, LOUYS =B ANNE -MARIE TURNER, T!M THOMAS LIVING TRUST 4171 13TH AVE SW UTD 12MI09 NAPLES, FL 34116- -5229 304 SAINT MARKS AVE FREEPORT, NY 1152D -6023 WERNHAM, MARK L=& RACHELLE WILSON, ALLEN J 41411 ITH AVE SW 4190 PINE RIDGE ROAD EXT NAPLES, FL 34116 --4009 NAPLES, FL 34119 -4045 XTREME CREATIVE BUILDERS INC PO BOX 990674 NAPLES, FL 34116 --6002 label size i" x 2 518" compatible with Avery 0516018160 ttiquettede format 2; Packet Page - 1888 -. Avery'3516018160 4/23/2013 17.B. DA"XIA INC. C'()NSLJI T1NCy Z \ T Ti -1L December 18, 2012 Subject: Brooks Village Commercial Planned Unit Development (CPUD) PUDA- PL2012- 0002136 Affidavit of Compliance (RWA Project No. 050095.02.01) To Whom It May Concern: In accordance with the requirement pursuant to Ordinance 2004 -41, the Collier County Land Development Code, attached are two additional letters that were sent to named property owners. Letter Titled "Exhibit A" was sent to: FIFTH THIRD BANK MD IOATAI CORP PAC 38 FOUNTAIN SQUARE PLAZA CINCINNATI, OH 45263 -0001 Letter Titled "Exhibit B" was sent to: SS REALTY LLC 132 SHEPPARD AVE W STE 100 NORTH YORK, ON CANADA, M2N 1 MS --0000 And LJL WALGREENS HOLDINGS LLC 104 WILMOT ROAD MS #1435 ATTN: TAX DEPARTMENT DEERFIELD, IL 60015 -0000 If you have any questions or require further information please call me. Sinc ly, Y...- Savannah Landry Senior Project Coordinator Packet Page -1890- Exhibit A ]DAITA INC. CONSULTING Z t 1 /1 i • Planning • Vissualization • Civil Engineering Surveying & Mapping Re: Brooks Village Shopping Center — Naples, Florida Dear Brooks Village Owner: 4/23/2013 17.B. December 6, 2012 Sembler Family Partnership #41 Ltd. has made a formal application to Collier County for an amendment to the Brooks Village Shopping Center Commercial Planned Unit Development (CPUD) Ordinance Number 06 -42. The proposed changes to the CPUD include: • Adding a right in only access from Pine Ridge Road into the vacant outparcels; • Changing the hours of operation for the vacant outparcels fronting Pine Ridge Road to 24 hours; this is a zoning change only, and does not change any restrictions that may exist in private agreements such as an REA. • Updating the CPUD to match as built conditions; showing the access on II i Avenue SW as ingress and egress as is currently constructed where the PUD calls for it to be Ingress only. • Other textual changes such as deleting developer commitments that have been completed, or are no longer required per Collier County Regulations. The above changes will be completed by Amending the Master Plan Exhibit and through textual changes to the CPUD document, both of which are attached Note: The proposed changes do not affect your existing entitlements, development standards or property rights .and will not have any dterimental affects on your property. If approved, you will have cross access to the new access point, and your current restriction on hours of operation will be removed. A Neighborhood Information Meeting has been scheduled for December 181' at 5:30 at the Golden Gate Community Center on Golden Gate Parkway. The changes will then go to both the Planning Commission and the Board of County Commissioners as public hearings for approval. Sincerely, Patrick Vanasse, AICP RWA Consulting, INC. 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Packet Page -1891- DIVA INC. Exhibit B CONSULTING .AL t IF 1L 1 • Planning -Visualization Civil Engineering -Surveying & Mapping 4/23/2013 17.B. December 6, 2012 Re: Brooks Village Shopping Center — Naples, Florida Dear Brooks Village Owner: Sembler Family Partnership #41 Ltd. has made a formal application to Collier County for an amendment to the Brooks Village Shopping Center Commercial Planned Unit Development (CPUD) Ordinance Number 06-42. The proposed amendments to the CPUD are: • Adding a right in only access from Pine Ridge Road into the vacant outparcels; • Changing the hours of operation for the vacant outparcels fronting Pine Ridge Road to 24 hours; this is a zoning change only, and does not change any restrictions that may exist in private agreements such as an REA. • Updating the CPUD to match as built conditions; showing the access on 11`l' Avenue SW as ingress and egress as is currently constructed where the PUD calls for it to be Ingress only. • Other textual changes such as deleting developer commitments that have been completed, or are no longer required per Collier County Regulations. The above changes will be completed by Amending the Master Plan Exhibit and through textual changes to the CPUD document, both of which are attached Note: There are no changes to your existing entitlements, development standards or property rights as a result of these CPUD modification request. A Neighborhood Information Meeting has been scheduled for December 18`h at 5:30 at the Golden Gate Community Center on Golden Gate Parkway. The changes will then go to both the Planning Commission and the Board of County Commissioners as public hearings for approval. Sincerely, Patrick Vanasse, AICP RWA Consulting, INC. 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Packet Page -1892- NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Amy Davidson, who on oath says that she serves as Inside Sales Supervisor of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on December IOth, 2012 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Ik- (8iknaturl of of iant) F1SW t o and subs `b before me 2'h day of e er, 2012 (Signature of notary public) W COMM{sSM A EE 85179 t 0MM:MMnW26,2D14 8WKWTMpWwdMv,==APM Packet Page -1893- 4/23/2013 17.B. Brooks Village CPUD Summary of Applicant's Request Background: 4/23/2013 17. B. The approved Brooks Village CPUD is an existing shopping center anchored by a Publix grocery store. There are 3 remaining undeveloped out parcels fronting on Pine Ridge road. The ± 22.74 acre property is located on the southwest quadrant of the intersection of Collier Boulevard (CR- 951), and Pine Ridge Road (CR- 896), and is bordered by 11th Avenue SW on the south, in Golden Gate Estates Unit 26, Section 15, Township 49 South, Range 26 East. The CPUD Ordinance No. 06- 42 was approved by the Collier County Board of County Commissioners on September 26, 2006. The Brooks Village CPUD is located within the Estates Designation, and the Neighborhood Center Sub - district identified on the Golden Gate Area Master Plan of the GMP. The Brooks Village CPUD is approved for 105,000 square feet of intermediate commercial and retail uses to serve the surrounding Estates residents. The 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. Requested Amendments: The applicant is proposing the following amendments to the approved Brooks Village CPUD Ordinance No. 06 -42. 1. Add a right in access on Pine Ridge Road to improve access to vacant outparcels 2. Developer Commitment 5.8.0 which requires a donation to the Collier County Affordable Housing Trust is being eliminated. The Board of County Commissioners has directed staff to process an amendment to the LDC Section 10.02.13 to remove the monetary contributions requirement for PUDs. 3. In order to increase the marketability of the remaining outparcels, the applicant is requesting that the three undeveloped outparcels be permitted to have 24 hour customer operating hours. The current hours of operation are limited to 6:00am to midnight for customer operating hours and deliveries are limited to the hours between 6:00am and 10:00pm. These parcels are completely surrounded by commercial development and road right -of way and will not impact residential development. 4. The PUD Document and Master Plan have been revised to re -label the access point on 11th Avenue to reflect existing conditions. Page 1 of 3 Packet Page -1895- 4/23/2013 17.B. Deviations: None of the proposed amendments require a deviation from the Land Development Code. Additional "clean up" changes to PUD Ordinance and Master Plan: • Since this is an existing development that has fulfilled the majority of the development commitments, Staff requested that the commitments that have been met be noted as "Complied with" in the PUD Ordinance. • The internal lot layout of the Master Plan has been updated to reflect the lot splits that have occurred. • The Master Plan has been updated to more clearly depict the access points and internal interconnections as well as the pedestrian pathway and seating are on the southside of the project. • CPUD Sections 5.7.1 and 5.7.K outline the Developer's commitment to provide storm water storage capacity within the Brooks Village storm water management system for Pine Ridge Road and consider providing for Collier Blvd. Ultimately the Developer permitted a storm water management system that provides storage capacity for 2.98 Acres from Pine Ridge Road, 0.32 Acres from Collier Blvd. and 0.8 acres from 11th Ave. SW. Page 2 of 3 Packet Page -1896- 4/23/2013 17.B. .�swmaw wrw� e�wr+wm+v+rawran . IJ�KK3HY7dU31SYWQ (NJTYSSMONdSlmVQ1J113d �m°mu r n t te r. Oxxs znSNOO � A Vl il� ,�rDV7IIA EX0099 �TT'IV. air�S3 cvt�d 8maue�d wam. d:139IHX3 aamr d ?L-IFTGW -W umo m a no •. .� o = FMRIDGEROAtT X.. s �i i It � � .•� 1 ; C-.g;Q 8 ��X.i i t 4t M. iE } CC uj O Z R. aYZ $4�� y g i11HAVENUBSW y1, � �$a HIM, w € 3 W 8 � - I gg eS He. G IL ��-H o = FMRIDGEROAtT X.. s �i i It � � .•� 1 ; C-.g;Q 8 ��X.i i t 4t M. iE Packet Page -1897- v U i11HAVENUBSW y1, � ---- ESTATES ZONING' SWGLE FAWLY RESIDEMU4L�r� �ttl! - � - Page 3 of 3 Packet Page -1897- v 4/23/2013 17.B. AGENDA ITEM 9 -a STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: FEBRUARY 21, 2013 SUBJECT: PUDA- PL20120002136: BROOKS VILLAGE CPUD PROPERTY OWNER & APPLICANT /AGENT: Owner /Applicant: Agents: Sembler Family Partnership Patrick Vanasse, AICP 941, LTD 5858 Central Ave St., Petersburg, FL 33707 REQUESTED ACTION: RWA, Inc. 6610 Willow Park Dr, Ste 200 Naples, FL 34109 R. Bruce Anderson, Esq. Roetzel & Andress Trianon Center, 3`d Floor 850 Parkshore Drive Naples, FL 34103 The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as the Brooks Village Commercial Planned Unit Development (CPUD). For details about the project proposal, refer to "Purpose/Description of Project." GEOGRAPHIC LOCATION: The subject property, consisting of 22.7± acres, is located on the southwest quadrant of the intersection of Collier Boulevard (CR 951) and Pine Ridge Road (CR 896), in Section 15, Township 49 South, Range 26 East, Collier County, Florida. (See location map and a copy of the proposed revision to the PUD Master Plan and Right -of -way Management Plan on the following pages.) PUDA- PL20120002136: BROOKS VILLAGE CPUD February 21, 2013 CCPC Revised: 2/11/13 Packet Page -1898- Page 1 of 13 n 3 e x I I IVNVO � W z i W V N J l66 IWO oNV Lzi Z N m n a t - O 'O-V N ~ Q 8383M m U r� 4/23/2013 17.B. 3 Eli Z W a — O ^ ivrvv� '- - x I I IVNVO � N J l66 IWO oNV Lzi Z N m { w 5 a t N 4/23/2013 17.B. 3 Eli Z W a — O ^ ivrvv� '- - x I I IVNVO l66 IWO oNV { w 5 8 8 S .m> �. 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Z F. m ° J) x °m <mZ> mm�m?o ND oy S9zy. pN Z mm C C m c v°HogmZDMlz ;mrvx0 y of >I..m m O Dm D xz ° « Zm�m Nngom�m c < m Om �m9my ys mmm O<0ZmD ..., �Z mm-zi S_I�t=}ly o may° Z Zm y mZ Z m Oy © CHANGES PER STAFF COMMENTS (DATED 01/22/13) yS D y �' T 1 CHANGES PER FIRST SUFFICIENCY LETTER (DATED 11/29/12) J.P. P.V. 12/12 SEMBLER FAMILY . mti EXHIBIT A" �o PARTNESHIP 41, LLC. MASTER PLAN ;i BROOKS VILLAGE CPUD AMENDMENT .J! Packet Page -1900- 4/23/2013 17.B. 10 161 z CD a cn p z r z?C D D m mrmC DA O :1DTOo z ° D O C Cl) —10 - o m N O z � --10OvZ 0oxCo --I 2Z�vm 0�0 9rnx C= U) Cl) °�DzX z�r<=: O4 D n �_ n:1D m z Z � c �- 1Dfm� D izOm �� DDm Dm�-i mj2m 0� SOD 0!- :2 D C Co z ZC> mgDm qm.< 70 00 v c m r O x O m G) 2 ;A m x O= D � DW m O �O z< G Y m0 M M M zC) 1-0 X 0 2 Co a U) m mz Z C: Cn ai >Eo 8 CHANGES PER STAFF COMMENTS (DATED 01/22/13) J.P. P.V. 01/13 m --I 1 CHANGES PER FIRST SUFFICIENCY LETTER (DATED 11729/12) d -P. PY. 12/12 z m SEMBLER FAMILY — EXHIBIT 'B" IIaC K PARTNESx� a 4L LLC. RIGHT -OF -WAY WATER 1��7CTA .. '� MANAGEMENT EXHIBIT CONSULTING S-mm BROOKS VILLAGE CPUD AMENDMENT i �i is �` g Wa MIW.WW4NYKIbWflla QJ)Bslf iA%:M1wl ®apt ! I Ff£ Packet Page -1901- 4/23/2013 17.B. PURPOSE/DESCRIPTION OF PROJECT: The approved Brooks Village CPUD is a 22.74± acre existing shopping center anchored by a Publix grocery store. There are 3 remaining undeveloped out parcels fronting on Pine Ridge Road in the southwest quadrant of the intersection of Collier Boulevard (CR -951) and Pine Ridge Road (CR- 896). The CPUD zoning was approved in Ordinance No. 06 -42 s on September 26, 2006 to allow for up to 105,000 square feet of intermediate commercial and retail uses with the caveat that no single use may exceed 60,000 square feet of gross leasable floor area. The proposed changes are summarized below (taken from the application material): • Add a right -in access from Pine Ridge Road; • Modify the existing Development Standard 3.3.I from the "ingress only" access limitation to a "single access point" on 11'h Avenue; • Eliminate existing Developer Commitment 5.8.0 related to monetary County Affordable Housing Trust donation affecting the three (3) remaining undeveloped out - parcels; • Modify the existing Development Standard 3.3.H limiting hours of operation from the existing 6:00 am to midnight timeframe to allow 24 hour commercial activities on the three (3) remaining undeveloped out - parcels; deliveries would remain tune -framed from 6:00 am to 10:00 pm; • Eliminate existing Developer Commitment 5.8.D related to tree plantings on both sides of 11 'h Avenue, previously installed then replanted elsewhere onsite at the County's request; • Recognize the 2.42 acre dedication toward County right -of -way without requiring further amendments to the boundary of the PUD in associated materials; and • Recognize lot splits that have occurred (in Master Plan) and Commitments that have been met (in PUD document). Because this PUD is already partially developed, the petitioner is only amending Ordinance Number 06-42. The petitioner is providing the proposed changes in a strike thru/underline format, showing the new information in underlined text and showing the text to be removed in a strike thru format. No new deviations are being sought as part of this amendment. SURROUNDING LAND USE AND ZONING: North: Pine Ridge Road, then improved commercially developed property with a zoning designation of C -3 East: Collier Boulevard (CR 951), then developed single - family lots with a zoning designation of Estates South: 11th Avenue SW, then developed single - family lots with a zoning designation of Estates West: partially developed single - family lots with a zoning designation of Estates PUDA- PL20120002136: BROOKS VILLAGE CPUD February 21, 2013 CCPC Revised: 2/11/13 Packet Page -1902- Page 2 of 13 4/23/2013 17.B. Aerial Photo (the subject site is approximate) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Neighborhood Center Subdistrict of the "Estates" Future Land Use designation, as identified on the Golden Gate Area Master Plan Future Land Use Map of the Growth Management Plan. GGAMP provisions specific to this neighborhood center, and relevant to this PUD amendment petition, are stated below, with each policy followed by staff analysis in bold text. Neighborhood Center Subdistrict - Recognizing the need to provide basic goods, services and amenities to Estates residents, Neighborhood Centers have been designated on the Golden Gate Area Future Land Use Map. The Neighborhood Center designation does not guarantee that commercial zoning will be granted. The designation only provides the opportunity to request commercial zoning. c) Criteria for land uses at the centers are as follows: • Access points shall be limited to one per 180 feet commencing from the right -of -way of the major intersecting streets of the Neighborhood Center. A maximum of three curb PUDA- PL20120002136: BROOKS VILLAGE CPUD Page 3 of 13 February 21, 2013 CCPC Revised: 2/11113 Packet Page -1903- 4/23/2013 17.B. cuts per quadrant shall be allowed. The County allows an access point providing both ingress and egress to equal one full "curb cut" — as well as two individual access points providing solely ingress or ingress, each. The proposed Master Plan Exhibit depicts these vehicular access points. • For Tract 114, Golden Gate Estates, Unit 26, access shall be restricted to 11"' Avenue S.W. Also, vehicular interconnection shall be provided to the adjacent property(s) in the Pine Ridge Road/Collier Boulevard Neighborhood Center. The proposed Master Plan Exhibit and Development Standard 3.3.I represent access limitations to be stricken — providing for full ingress and egress turning maneuvers to and from 11th Avenue S.W. • Projects within the Neighborhood Center Subdistrict that are submitted as PUDs shall provide a functional public open -space component. Such public open -space shall be developed as green space within a pedestrian- accessible courtyard, as per Section 2.4.5.4 of the Collier County Land Development Code, as in effect at the time of P.U.D. approval. Proposed Development Standard 3.3.0 indicates public open space will be provided within a pedestrian - accessible courtyard. The Master Plan Exhibit depicts a seventy foot wide strip of "open space" lying north of 11th Avenue SW where an "existing pedestrian pathway and seating area" is installed near a lake feature. Future Land Use Element (FLUE) policies relevant to this PUD amendment petition are stated below, with each policy followed by staff analysis. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. There exists access to Pine Ridge Road and Collier Boulevard — both arterial roads — and the Master Plan Exhibit depicts them.) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. The proposed Master Plan Exhibit depicts a number of "ingress /egress" indicators (arrows) within the main tract that may function as a loop road, and existing or planned internal access points are depicted between the main tract and the out parcels. Based upon the above analysis, the proposed PUD may be deemed consistent with the Future Land Use Element if staff's recommended conditions are included in any recommendation of approval. Transportation Element: Transportation Planning staff has reviewed the petitioner's submittal and has determined that no additional traffic impacts are proposed. As such, the adjacent roadway network has sufficient capacity to accommodate this project within the 5 -year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Please note that the proposed right -in only access point on Pine Ridge Road is not consistent with the County's Access Management Resolution. However, the Neighborhood Center subdistrict of the PUDA- PL20120002136: BROOKS VILLAGE CPUD Page 4 of 13 February 21, 2013 CCPC Revised: 2/11113 Packet Page -1904- 4/23/2013 17.B. Aft Golden Gate Area Master Plan section of Growth Management Plan makes special consideration allowing this driveway related to this activity center, but limits it to connection that is no less than 180' from Collier Boulevard. The proposed plan is consistent with the GMP in this respect. To address safety concerns that are tied to this access, County staff requires installation of a second right turn lane that both serves the project, and extends to County Road 951. Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the application has determined that the proposed changes do not affect the GMP and LDC provisions regarding conservation, native vegetation preservation and potential listed species impacts. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANALYSIS Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. There are no changes to the environmental sections of the PUD. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right -of -way and access issues and is recommending approval subject to the Transportation Development Commitments contained in Exhibit F of the CPUD Ordinance. However one element of Exhibit F still is being refined. A monetary amount has yet to be settled upon in Exhibit F.5.7.E. Staff and the applicant anticipate that a number will be made available at the CCPC hearing. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and PUDA- PL20120002136: BROOKS VILLAGE CPUD Page 5 of 13 February 21, 2013 CCPC Revised: 2/11/13 Packet Page -1905- 4/23/2013 17.B. densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Zoning staff is of the opinion that this project will be compatible with and complementary to, the surrounding land uses. To support that opinion staff offers the following analysis of this proj ect. The petitioner is not adding any uses to what was approved in Ordinance No. 06 -42. No property is being added either. The petitioner is seeking to change the hours of operation (PUD document Section 3.3.14) to allow the three vacant outparcels fronting on Pine Ridge Road to be open 24 hours. Nearest Residential Uses Aerial shown site plan and adjacent uses As can be seen on the aerial above, residential uses to the north are already abutting commercial uses and will be separated by Pine Ridge Road. Adjacent residential uses to the west are separated from the three outparcels by a water management area and a preserve area. Staff is of the opinion that 24 hour uses on the outparcels should not have a negative impact on the adjacent residential uses if the westernmost outparcel is not allowed to have any 24 hour drive thru use on the western side of any building. The applicant's agents have agreed to this limitation. Staff does not believe that any of the proposed changes as described earlier in the staff report will have a negative impact on the surrounding area. The surrounding area's zoning and land uses have not significantly changed since this project has been developing. The Surrounding Zoning and Land Use discussion on page 2 of the staff report and the Master Plan all reflect zoning and uses that have been in effect for years. PUDA- P1 20120002136: BROOKS VILLAGE CPUD Page 6 of 13 February 21, 2013 CCPC Revised: 2/11/13 Packet Page -1906- 4/23/2013 17.B. FINDINGS OF FACT: LDC Subsection 10.03.05.I.2 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staff s responses to these criteria are provided in bold, non - italicized font] : PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff s responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the proposed changes will not create any incompatibility with the development approved in the area. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and /or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMT within the GMP discussion provided by Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed amendment and believes that the project will be compatible with the surrounding area. The uses are not changing as part of this amendment PUDA- PL20120002136: BROOKS VILLAGE CPUD Page 7 of 13 February 21, 2013 CCPC Revised: 2/11/13 Packet Page -1907- 4/23/2013 17.B. and the uses approved in the original PUD rezone were determined to be compatible. The petitioner is revising some property development regulations, but staff believes uses remain compatible given the proposed development standards and project commitments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is not seeking approval of any deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). Rezone Findings: LDC Subsection 10.03.05.L states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staffs responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in -depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMT FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this PUDA- PL20120002136: BROOKS VILLAGE CPUD February 21, 2013 CCPC Revised: 2/11/13 Packet Page -1908- Page 8 of 13 4/23/2013 17.B. Aww petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land differently that what existing zoning district would allow. Without this amendment, the property could. be developed in compliance with the existing PUD ordinance regulations. 6. Whether the proposed change will adversely influence living conditions in the neighborhood,- Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that has been or will be provided by the developer (Developer Commitments). Staff believes the petition can be deemed consistent with all elements of the GMP if the mitigation is included in any recommendation of approval. 8. Whether the proposed change will create a drainage problem; PUDA- PL20120002136: BROOKS VILLAGE CPUD Page 9 of 13 February 21, 2013 CCPC Revised: 2/11/13 Packet Page -1909- 4/23/2013 17.B. The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWM D in conjunction with any local site development plan approvals and ultimate construction on site, and, in fact, most of the water management facilities are already in place on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The setbacks and project buffers will help insure that light and air to adjacent areas will not be substantially reduced. Again, since the majority of the site has already been developed, perimeter boundaries are already in place. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing PUD zoning designation; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; PUDA- PL20120002136: BROOKS VILLAGE CPUD Page 10 of 13 February 21, 2013 CCPC Revised: 2/11/13 Packet Page -1910- 4/23/2013 17.B. As noted previously, the majority of the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16 The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration for undeveloped parcels. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant's agent, Patrick Vanasse, Planning Director of RWA conducted a duly noticed NIM on December 18, 2012, at the Golden Gate Community Center. Patrick introduced himself and Savannah Landry, with RWA, Inc.; (Applicant/Developer) Dave Davis, Amber Brinkley, Tom Hareas for Sembler Family Partnership #41 Ltd., Bruce Anderson, from Roetzel & Andress, P.A.; and Kay Deselem, Principal Planner with Collier County Growth Management Division. Patrick presented a general project overview and provided a fact sheet which included pertinent development information related to the Brooks Village Commercial Planned Unit Development (RPUD) petition. PUDA- PL20120002136: BROOKS VILLAGE CPUD Page 11 of 13 February 21, 2013 CCPC Revised: 2/11/13 Packet Page -1911- 4/23/2013 17.B. Patrick stated the project would comply with the Collier County Land Development Code. The requested changes were provided in the handout. They are summarized below: Change #1 Add a right in access on Pine Ridge Road to improve access to vacant outparcels. Change #2 Developer Commitment 5.8.0 which requires a donation to the Collier County Affordable Housing Trust is being eliminated. The Board of County Commissioners has directed staff to process an amendment to the LDC Section 10.02.13 to remove the monetary contributions requirement for PUDs. Change #3 In order to increase the marketability of the remaining outparcels, the applicant is requesting that the three undeveloped outparcels be permitted to have 24 hour customer operating hours. The current hours of operation are limited to 6:00am to midnight for customer operating hours and deliveries are limited to the hours between 6:00am and 10:00pm. These parcels are completely surrounded by commercial development and road right -of way and will not impact residential development. Chne #4 The PUD Document and Master Plan have been revised to re -label the access point on 11 Avenue to reflect existing conditions. There were no questions raised be attendees. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on February 8, 2013. RECONIldENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDA- PL20120002136 to the BCC with a recommendation of approval, subject to the stipulation that Section 5.7.E of Exhibit F be finalized to staff's satisfaction. PUDA- PL20120002136: BROOKS VILLAGE CPUD February 21, 2013 CCPC Revised: 2/11/13 Packet Page -1912- Page 12 of 13 PREPARED BY: KA'V ItSELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: /-a", /,:� , X/ RAYMO V. ELLO , Z3NTG MANAGER DEPARTMENT OF PLANNING AND ZONING MIKE BOSI, AICP, INTERIM DIRECTOR DEPARTMENT OF PLANNING AND ZONING APPROVED BY: MANAGEMENT DIVISION DATE DATE ') - �- o DATE 2 -IZ-1 DATE Tentatively scheduled for the April 23, 2013 Board of County Commissioners Meeting PUDA- PL20120002136: BROOKS VILLAGE CPUD February 21, 2013 CCPC Revised: 1/26/13 Packet Page -1913- Page 13 of 13 4/23/2013 17.B. 4/23/2013 17.B. ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 06 -42, THE BROOKS VILLAGE COMMERCIAL PLANNED UNIT DEVELOPMENT (PUD), BY ADDING A RIGHT -IN ONLY ACCESS POINT ON PINE RIDGE ROAD; BY CHANGING THE HOURS OF OPERATION OF THE OUTPARCELS FRONTING ON PINE RIDGE ROAD TO 24 HOURS; BY CHANGING THE ACCESS ON 11TH AVENUE SW FROM INGRESS ONLY TO INGRESS AND EGRESS; BY AMENDING THE MASTER PLAN; AND BY REVISING AND DELETING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON THE SOUTHWEST QUADRANT OF THE INTERSECTION OF COLLIER BOULEVARD (CR 951) AND PINE RIDGE ROAD (CR 896), IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA CONSISTING OF 22.7 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, SEMBLER FAMILY PARTNERSHIP #41, LTD., represented by Patrick Vanasse, AICP of RWA, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, P.A., petitioned the Board of County Commissioners to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO PUD DOCUMENT. The PUD Document, attached as Exhibit "A" to Ordinance No. 06 -42, is hereby amended and replaced with the PUD Document attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2013. Brooks Village CPUD Page] of 2 PUDA- PL20 120002 136 — rev. 040113 Packet Page - 1914 -(p ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency Heidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit A - PUD Document CP \12 -CPS - 01196 \65 4/23/2013 17. B. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Brooks Village CPUD Page 2 oft PUDA- PL20120002136 —rev. 040113 GEORGIA A. HILLER, ESQ. Chairwoman Packet Page -1915- CP 4/23/2013 17.B. BROOKS VILLAGE C.7 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 19-93171:111 IQIWTA C ONSUI..TING 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 DATE APPROVED BY BCC -9'- ORDINANCE NUMBER 44— AMENDMENTS AND REPEAL PV DA-1`1_2012000213S_ Brooks Villa(Fe ('111 i8 Words S°°° �,��- �ri-.�" ° are deleted and words underlined are added. 4/1113 page l of 29 Packet Page - 1916 - �"`� TABLE OF CONTENTS List of Exhibits Statement of Compliance Section I Property Ownership, Legal Description Section II Project Development Requirements Section III Commercial Development Standards Section IV Preserve Area Section V Development Commitments 4/23/2013 17.B. I Pa�*e +i Pane 4 44Paae 9 4444Paue 13 T Paae 20 V- I-Paue ? 1 PUDA- PI20120002136. Brooks Village CPUD Words 9o4K', 4 -m* -• are deleted and words underlined are added. 4!1/13 Page-2 0'29 Packet Page - 1917 -, 4/23/2013 173. LIST OF EXHIBITS EXHIBIT "A" CPUD MASTER PLAN P a L, e 28 EXHIBIT "B" RIGHT-OF-WAY WATER MANAGEMENT EXHIBIT Pace 29 f PFDA-P1.20120002136. Brooks Village CPUD Words Strueli thru are deleted and words underlined are added. 4/1113 kaZe3 Of29 Packet Page -1918- 4/23/2013 17.B. 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 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 wise). 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 (592 1) Mail Order Houses (5961) +t 1't DA- P1,2012000213(. Brooks Villa-,e CPl D Words Struck thru are deleted and words underlined are added. 4/1/13 Pale 4 c f 29 Packet Page -1919- �, 4/23/2013 17.B. 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 (733 1) 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 (951 l ) 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). +ii PGDA- PL201 20002 1 3ii. Brooks Village C'PUD Words S=a.�i t...' -u are deleted and words underlined are added. 4/1/13 P_gge 5 o:'29 Packet Page -1920- ,'"; 4/23/2013 17.B. SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP & GENERAL DESCRIPTION kr 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] 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 I 1 I 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. I-1- PODA- PL.201200f)2136. Brooks Village (TUD Words °• . ~t li thf -m are deleted and words underlined are added. 4/1113 !_Iwe 6 cif 29 Packet Page - 1921 - ff` t 4/23/2013 17.B. 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 441 LTD. ande.- ,,erltrae+ a P3` ftfieFship 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 f 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 l.l`h Avenue SW on the south, in Golden Gate Estates Unit 26, Section 15, Township 49 South, Range 26 East. Approximately X2.42 acres of the property has been; of wiles -taken as right -of -way for Pine Ridge Road, Collier Boulevard, and I 1 ti, Avenue SW and are not included in the development area of the project. 1-- 1-1:114-P1.20120002136, Brooke yiiiage CMD Words **r - Eq+u are deleted and words underlined are added. 4/1113 ! aA 7 of 29 Packet Page -1922- �`' 4/23/2013 17.B. 1.5 PROJECT DESCRIPTION The Brooks Village CPUD shall offer intermediate commercial and retail uses to the surrounding Estates residents. The proposed land uses are typically associated with major intersections, including, but not limited to retail with a major anchor component, convenience stores with gas pumps, restaurants (sit -down or drive - through), a grocery store, and business /office uses or financial institution uses with drive- through lanes. The Brooks Village CPUD will not exceed 105,000 square feet of gross leasable floor area. Pursuant to the Golden Gate Area Master Plan, this particular Neighborhood Center may be fully utilized as 100 percent commercial development. The proposed project site is presently undeveloped, but portions of the property have been disturbed by clearing and off -road vehicle use. The property is generally without topographic relief, with elevations ranging from 10.2 feet to 12.8 feet NGVD in the undisturbed areas. The project will meet, or exceed the 30 percent usable open space requirement of the LDC. Run -off will be channeled to two dry detention areas totaling approximately ± 0.95 acres, and an additional ±1.46 acres will be designated as a wet detention area north of 11th Avenue SW. The detention area size may be adjusted at the time of site development approval if needed. The designated retention areas will comply with the South Florida Water Management District regulations as well as the applicable sections of the GMP and the LDC. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Brooks Village Commercial Planned Unit Development'. 1-3 P1 IM-P1,20120002136- Srookc Village CPLiD Words Sff*e',�.ri4f- are deleted and words underlined are added. 4!1!13 Pale 8 of29 Packet Page -1923- SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE 4/23/2013 17.B. 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. am Pt'DA- P1:20 1 20002 1 36. Rrookc tillage CPUD W'ordsl+twuek tkiro are deleted and words underlined are added. 4/1/13 Paee 9 o `29 Packet Page -1924- l TRACT "C" TRACT "P" TABLE I PROJECT LAND USE TRACTS TYPE COMMERCIAL PRESERVE Right -of -way outside development area TOTAL ACREAGE+ 17.6 -17.18 3.1 ? -02.4? 22.7 4/23/2013 17.B. 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. 1 44-2 PUDA- Pl_2012000213b. Brooks Village CPI +D Words S#wjc4_th**-are deleted and words underlined are added. 4/1113 RftgL10_L[29 Packet Page -1925- 1 Q 4/23/2013 17.B. 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. 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. 11- P1 DA-P1.20120002136. Brooks Vilia<.e (`POD Words S` -nom.' •hru are deleted and words underlined are added. 4/1/13 Page 11 of29 Packet Page - 1926 -" 4/23/2013 17.B. 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. PUD4- P1.20120002136 Brtmks Villane CPUD Words &w-ue4+hwrare deleted and words underlined are added. 4/1/13 i?ae l2 of'29 Packet Page -1927- ��` SECTION III COMMERCIAL DEVELOPMENT 3.1 PURPOSE 4/23/2013 17.B. The purpose of this Section is to identify permitted uses for all lands east of the Preserve area,.; 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 1 444 P(IM- P1.20120002136. Brooks Viliage C'PUD words t 4*aek -Ww* -are deleted and words underlined are added. 4 /1/13 Page 13 r); 29 Packet Page -1928- %t1` �� 1 4/23/2013 17.B. 14) General merchandise stores (Groups 5331- 5399). 15) Hardware stores (Group 525 1) 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 iI PUDA- P1.201 20002 1 36. Brooks Village CPCD Words S., .�' .m- are deleted and words underlined are added. 411/13 Pale 14 of 29 Packet Page - 1929- „�t,. 4/23/2013 17.B. 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 621.1- 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 Classifzcation Manual, 1987 Edition B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not Iimited 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. TI PUDA -Pt 2012IM0213G Brook-, Villagr CPUD Words Strv+ek -emu are deleted and words underlined are added. 411/13 Page 15 ff29 Packet Page -1930- ; ;. 1 4/23/2013 17.B. 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 73 131) and direct mail advertising services (Group 7331). 11) NEC recreational shooting ranges, watersl ides, 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 P[ 1)A- PL20120002136 Brooks ViliaQe t`MD Words Mf4w4r4iwr are deleted and words underlined are added. 4/1113 !1 16 -L)L( 29 Packet Page -1931- s: 4/23/2013 17.B. 3.3 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to the project perimeter, individual parcel or lot boundary lines, or between structures, as applicable. B. MAXIMUM COMMERCIAL INTENSITY: No more than one - hundred and five thousand (105,000) square feet of gross leasable floor area may be developed within the CPUD. No single permitted use may exceed 60,000 square feet of gross leasable floor area. C. PUBLIC OPEN SPACE: A public open space shall be provided as green space within a pedestrian - accessible courtyard as required by the LDC. No buildings or parking facilities shall be permitted within the south one hundred (100') feet of Golden Gate Estates Tract 114. Signage, concrete sidewalks, ingress and incidental traffic pavement as provided in Subsections 3.3.F and 3.3.I below are permitted in this area. 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 the 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 I Ith Avenue S.W. the following limitations apply: (i) Signage in the 11th Avenue SW Right -of -Way shall be limited to traffic signage as approved by the Collier County Department of Transportation; (ii) Should there be ingress into the shopping center from 11 th Avenue SW, then the shopping center will not have a "Directory Sign" as defined in 5.06.04 C.3.1 nor an "on- premise sign" as defined in 5.06.04 C., on I Ith 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 I Ith Avenue SW. Any Collier Boulevard entry sign for the shopping center shall be a minimum of seventy -five (75) feet from l 1 th Avenue SW. G. PUD Master Plan: The C °t t11 n asiie+ °tai shall be tie plan i deve!OpMefi -,-o, neqh of the south ene handfed ( 100" feet ef Golden Gw_e __es " i 14. The facilities and improvements shown on this CPUD master flan shill he considered conceptual in nature and shall be defined at either SDP annroval. construction plans. or plat approval. No vertical construction shall be pel nitted on the south 100 ft. of Golden Gate Estates Tract 1 14 am PUD.A- P1.20120002136. Brooks villas =e CP1i1Y words StFueli !hFu are deleted and words underlined are added. 411/13 rase 17 o1'29 Packet Page -1932- ! 1� 4/23/2013 17. B. 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 Sundav through ThUrsdav and lam and Gam Fridav 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 taw SLIC11 as speakers at gas stations. Shopping center deliveries shall be limited to the hours between 6:00 AM and 10:00 PM. 1. ACCESS LIMITATION: Connection to I I �' Avenue SW shall be limited to Hi"fes's anly a single access point. I 111 9; PUDA-Pl,,20120002136. Brooks Village CPUD Words Stmek thFu re deleted and words underlined are added. 411/13 j��18 of'29 Packet Page -1933- 4/23/2013 17.B. TABLE II COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES MAXIMUM BUILDING COVERAGE MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM FLOOR AREA FLOOR AREA RATIO MAXIMUM GROSS LEASABLE FLOOR AREA MIN FRONT YARD MIN SIDE YARD MIN REAR YARD MIN PRESERVE SETBACK NONE 10,000 Square Feet (S.F.) 75 FEET 700 S.F. NONE 105,000 50% of the building height, but not less than 25 feet ** 50% of the building height, but not less than 15 feet 50% of the building height, but not less than 15 feet 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. PFDA -Pl. 20120002130, Brooks Villave CPUD Words Sw-- w4-0w- are deleted and words underlined are added. 4/1/13 La=-19,429 Packet Page -1934- �, SECTION IV PRESERVE AREA 4.1 PURPOSE 4/23/2013 17.B. 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. 1 Pl'DA-P1,20120002136. Brooks village CPU1T Words mare deleted and words underlined are added. 411!13 L L20 o f 29 Packet Page -1935- �`'• SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE 4/23/2013 17.B. 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. III: 11A- PL201211002136. Brook, Village (TI :I) Words 1� re deleted and words underlined are added. 4/1/13 1'aae 21 of29 Packet Page -1936- h.`1 4/23/2013 17.B. 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 11th Avenue SW will not be considered site - related if modified as part of the CR -951 roadway project. Should the development precede CR -951 improvements, the developer shall address any turn lane improvements at this location as determined at the time of development order application if approved by the Board of County Commissioners. 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. PUDA- 1`1,20129(W2136 Brooks village t'PGD Words£i�w Rre deleted and words underlined are added. 4!1!13 Page 22 o1 *29 Packet Page -1937- . �; 4/23/2013 17.B. 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. Ail saeh Shhi ll be 4l +1 ` Faiisp^"taiiar Plan . The number of access points may be less than the number depicted on the Master Plan; however, no additional external access points shall be considered unless a PUD amendment or PUD insubstantial change is approved. E. The Countv's approval of the right -in oniv turn into the Brooks tiillage 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 includinL, sianal and intersection improvements shall be paid by owner /developer. his successors or assign at no cost to the Count\,. Within 30 days of approval of the Pt 'D developer /owner shall make a cash payment to the County or shall post a hotid 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. pennitting. design modification right of -%kav acquisition water management (acceptance and treatment) both ott- and off -site related to the Pine Ridge (toad frontage. document preparation and recording cost of materials and construction costs the "Irn rovements" . The owner /d eve toper may enter into a contract with the design consultant currently under contract with Collier Countv to initiate design chanLes. 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 anv reason to enter a contractual agreement with the Countv',.; desigll consultant within 30 days after PUD approval then the cash payment or the bond may not be reduced by Countv. All costs shall be calculated by the County using where available the County's approved contractual rates. The cashpayment or bond shall be in an amount not to exceed S188.005.00. the Coum -Cs estimated cost of the required Improvements) resulting from this additional turn lane The- bond may be drawn on by Countv at the time of County's approval of` the construction contract for the intersection improvements "Phis modification is a site related improvement and is not eligible for transportation imnact fee credits PUDA- PL211 1 200 0 2 1 36 Srnnks village (TUT Words Str•+el, iltra are deleted and words underlined are added. 4!1113 ggse_23 cif29 Packet Page - 1938 - S� . 4/23/2013 17.B. Anv additional costs for construction delays incurred by the Countv under the construction contract for the Pine Ridge ' Road/Collier Boulevard intersection improvements which are caused by the addition of the riebt-in only entrance and second right turn lane shall be at the sole cost of the Developer/Owner unless such delay is caused bN1 the Countv or the Countv's consultant. Anv additional road right of wav that may be required by County to accommodate changes resulting from the inclusion of this additional right turn lane including, comer 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-wav shall be conveved at no cost to the Countv. Anv encroachment resulting from these convevances 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-xav 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 Countv Pine Ridge Road and Collier Blvd intersection improvement project under design. 4=T Lj. 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. &LI. Payment in lieu of sidewalks and bike lanes for Collier Boulevard frontage shall be required. The amount shall be determined utilizing the MOT 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. 44-1. 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. M1 I PUDA-1`1,20120002136 Brooks Village CPUD Words StFue,64kfware deleted and words underlined are added. 4/1113 Eqg�L-UoF29 Packet Page -1939- &CINO 4/23/2013 17.B. 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-_. 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. K-. M, To the extent that Developer has excess unused or uncommitted storage capacity in the PUD water management system, Developer agrees to make available to County that excess storage capacity to accept storm water from a portion of the right of way of the Collier Boulevard improvement project abutting the PUD when Collier Boulevard is widened to six lanes in that location. (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: PUDA- PL20120002136. Brooks village CMD Words Stnw4 tlwa -are deleted and words underlined are added. 4/1/13 A&i 2S oC29 Packet Page -1940- 4/23/2013 17.B. A. Environmental permitting shall be in accordance with the State of Florida Aw 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. I. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. PIT); - 1'1,20120002136. Brooks yiilaue CPUD Words 9M•� ^'r -> _fhf" - are deleted and words underlined are added. 4/1/13 Pine 26 01'29 Packet Page - 1941 -` 4/23/2013 17.B. 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 'I Ith 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. D C'. Developer shall donate pahii iige' (Re u . r. thafi ,- � sidewalks on both sides of 1 l `i' Avenue SW, adjacent to the CPUD boundary. 1-=17. No light or glare shall impact adjacent Estates Zoned properties. Utilization of low pressure sodium, or similar iritensity lighting shall be utilized. Halogen lighting is prohibited. 4=7L- 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. PUDA- PI20120002136 Brooks yiilw,e CPVD Words' `-•- . are deleted and words underlined are added. 6/1/13 Paso 27 of 29 Packet Page -1942- . 5 Building y slibsequefidt - �, b. D C'. Developer shall donate pahii iige' (Re u . r. thafi ,- � sidewalks on both sides of 1 l `i' Avenue SW, adjacent to the CPUD boundary. 1-=17. No light or glare shall impact adjacent Estates Zoned properties. Utilization of low pressure sodium, or similar iritensity lighting shall be utilized. Halogen lighting is prohibited. 4=7L- The Developer shall convey a 40 foot by 50 foot raw water well easement in a location to be determined in the future. 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DCn 0,/,3 0 m p 1 CHANCES PER FIRST SUFFICIENCY LETTER (DATED 11/29/ 12) �.P- P.v. ,z /,2 z m SEMBLER FAMILY EXHIBIT B" A aac u., PARTNESHIP = a1, LLC RIGHT- QF -1�'AY WATER ��Alll BROOKS VILLAGE CPUD AMENDMENT MANAGEMENT EXHIBfT coxsuLTixc� Z �� �-L JL t a Packet Page -1944- 4/23/2013 17.B. 28DD Wednesday, April 3,2013.D NAPLES DAILY NEWS JA ?ICE OF MUTIMG E MUM; r, N0710E OF PUBLIC HEARING TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, April 23, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County 'Government .Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF - .COUNTY COMMISSIONERS OF COLDER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 0642, 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 PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be .addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on . behalf of an organization or group is encouraged: If recognized by the Chairman, a spokesperson, for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the'Board agenda packets must submit said material a minimum of 3 weeks prior to the respective Chearing.' In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of. the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes -the - testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain .:assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY; FLORIDA GEORGIA A. HILLER, ESQ.j CHAIRWOMAN DWIGHT:E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) April 3. 2013 No, 1993904 Packet Page -1945-