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Backup Documents 12/10-11/2013 Item #17A17A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, November 15, 2013, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Planning & Zoning Department, Zoning Services, 2800 North Horseshoe Drive, Naples, Florida 34104. Originating Dept/ Div: GMD/Pianninz & Zoning Person: Kay Desclem, Principal Planner Date: November 12 2013 Petition No. PUDZ-A-PL20130000266; BRADFORD SQUARE PUD Petitioner: Everbank; c/o Douglas Nelson; 1.185 Immokalee Road; Naples, FL 341108 Name & Address of any person(s) to be notified by C;leriCs Office: D. Wayne Arnold, AICP; Q. Grady Minor & Assoc.; 3800 Via Del Rey; Bonita Springs, FL 34134 AND Cameron General Contractors Inc.; 80408040^ Eiger Drive; mco n, 51.6 Hearing before: X BCC B7..:A Cather Requested Hearing date: Tuesday, December 12, 2013. Based on advertisement appearing 20 days before hearing. Newspaper(s) to be used: Naples Daily News Proposed Text: See Attached Companion petition(s), if any & proposed hearing date: NIA Does Petition Fee include advertising cost? X Yes. Nig. if Yes, what account should be charged for advertising costs: Department: Planning & Zoning Dept., Zoning Services; Fund & Cost Center: 131-138326449100-00000; Purchase Order Number: 4500140024; Account Number: 068779 Reviewed by: Divisi Administrator or Designee Date li�v List Attachments: Ordinance DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: initiating division head to approve and submit original to Clerk's Office, retaining acopy for file. FOR CLERK'S 011 C IISE ONLY: n ,, Date Received: « 1 Date of Public Hearing: 2. 0 3 Date Advertised: ORDINANCE NO. 13 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS THE .BRADFORD SQUARE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) TO A NEW MPUD WHICH WELL CONTINUE TO BE KNOWN AS THE BRADFORD SQUARE MPUD, TO ALLOW CONSTRUCTION OF EITHER 100,000 SQUARE FEET OF GROSS LEASABLE OFFICE OR RETAIL WITH UP TO 10 RESIDENTIAL DWELLING UNITS OR TO ALLOW CONSTRUCTION OF GROUP HOUSING FOR SENIORS FOR UP TO 130 UNITS WITH A FLOOR AREA RATIO OF .50 ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF VANDERBILT BEACH ROAD AND LIVINGSTON ROAD IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.1.8+/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 07-41, THE FORMER BRADFORD SQUARE MPUD; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-A-PL20130000266) 17A WHEREAS, on April 24, 2007, the Board of County Commissioners approved Ordinance Number 07-41 which established the Bradford Square Mixed Use Planned Unit Development (MPUD) zoning classification; and WHEREAS. Everbank, represented by Wayne Arnold of Q. Grady Minor and Associates, P.A., petitioned the Board of County Commissioners to amend the Bradford Square MPUD. 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 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from a Mixed Use Planned Unit Development (MPUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) for a project to be known as the Bradford Square MPUD to allow construction of either 100,000 square feet of gross leasable office or retail with up to 10 residential dwelling units or to allow construction of group housing for seniors for up to 130 units with a floor area ratio of .50 Bradford Square MPUD \PtJDZ-PL20130000266 Rev. 10/08/13 1 of 2 Ell in accordance with the MPUD Document, attached hereto as Exhibits "A' through "G", and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 07-41, known as the Bradford Square MPUD adopted on April 24, 2007 by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2013. ATTEST DWIGHT E. BROCK, CLERK By: By: Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County attorney Attachments: Exhibit. A — Permitted Uses BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ. Chairwoman Exhibit B — Development Standards Exhibit C — Commercial Mixed Use Master Plan Exhibit C1 -- Sections (Commercial Mixed Use Development) Exhibit C2 — .Preserve Area within MPUD Exhibit C3 - Architectural Conceptual Drawing for Commercial Mixed Use Development Exhibit D — Legal Description Exhibit E — I..ist of Requested Deviations Exhibit F — List of Developer Commitments Exhibit G — Figure 1 Alternative Building Configuration for Group Housing CP\ 13 -CPS -01232\42 Bradford Square MPUD \PUDZ-PL20130000266 Rev. 10/08/13 2 of 2 EXHIBIT A FOR BRADFORD SQUARE MPUD Regulations for development of the Bradford Square MPUD shall be in accordance with the contents of this MPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this MPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise most similar shall apply. PERMITTED USES: A maximum development intensity of (a) 100,000 square feet of gross leasable office or retail area and a maximum of 10 residential dwelling units or (b) 130 units of group housing for seniors shall be permitted within the MPUD. The property may only be developed as commercial mixed-use or as a senior housing facility. Both options cannot be developed on the site. The maximum floor area for any single commercial user shall be 20,000 square feet, except for a grocery/supermarket, physical fitness facility, craft/hobby store, home furniture/furnishing store, or department store use, which shall not exceed a maximum of 50,000 square feet. The group housing for seniors shall be limited by a FAR of .50 (see deviations), 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: MIXED USE: A. Principal Uses: 1. Accounting services (group 8721); 2. Apparel and accessory stores (groups 5611— 5699); 3. Architectural, engineering and surveying services (groups 0781, 8711-8713): 4. Attorney offices and legal services (group 8111); 5. Auto and home supply (5531), except as prohibited in Item C of this Document; b. Business services (groups 7311 — 7313, 7322 — 7338, 7361 — 7379, 7384, 7389), except as prohibited in Item C of this Document; 7. Child day care services (group 8351); 8. Depository (financial) institutions (groups 6011— 6099); 9. Eating places (group 5812 only as outlined as follows: box lunch stands, cafes, coffee shops, dairy bars, diners, eating places), food bars, frozen custard stands, grills, (eating places), Ice cream stands, luncheonettes, oyster bars, pizza parlors, pizzerias, restaurants -carry -out restaurants -sit-down, restaurant with drive-through window (limited to one only) sandwich bars or shops, snack shops, soda fountains, submarine sandwich shops, tea rooms, (except as prohibited in Item C of this Document); No outdoor amplified entertainment shall be permitted for any PL2013-0266, Bradford Square MPUD Page 1 of 15 Rev4 10-16-2013 17A restaurants (music or television) and no bar areas with outside seating shall be permitted. 10. Food stores (groups 5411— 5499),except as prohibited in Item C of this Document; 11. General merchandise stores (groups 5311— 5399); 12. Governmental offices (groups 9111— 9199); 13. Group housing for seniors, described in Section 5.05.04 of the LDC, including assisted living and independent living facilities (See Exhibit A Item D, Operational Requirements for Group Housing); 14. Hardware stores (group 5251); 15. Health services (groups 8011- 8049, 8082); 16. Home furniture, furnishings, equipment store (groups 5712 — 5736); 17. Insurance agencies, brokers, carriers (groups 6311— 6399, 6411); 18. Management and public relations (groups 8741— 8743, 8748); 19. Membership organizations (groups 8611— 8699), except as prohibited in Item C of this Document; 20. Miscellaneous repair services (groups 7629 — 7699), except as prohibited in Item C of this Document; 21. Miscellaneous retail services (groups 5912, 5921, 5941 — 5963), except as prohibited in Item C of this Document; 22. Museums and art galleries (group 8412); 23. Non -depository credit institutions (groups 6111— 6163); 24. Office machine repair service (groups 7629 — 7631) , except as prohibited in Item C of this Document; 25. Paint, glass, wallpaper store (group 5231 }; 26. Personal services (groups 7212, 7216, 7221, 7251, 7291, 7299), except as prohibited in Item C of this Document; 27. Photographic studios (group 7221); 28. Physical fitness facilities (group 7991); 29. Residential multi -family- maximum of 10 dwelling units 30. Real estate (groups 6531— 6541); 31. Security brokers, dealers, exchanges, services (groups 6211— 6289); 32. Shoe repair shops or shoe shine parlors (group 7251); 33. Travel agencies (groups 4724): 34. Veterinarian's office (groups 0742, 0752) (except for outdoor kenneling) , except as prohibited in Item C of this Document; 35. Videotape rental (group 7841) , except as prohibited in Item C of this Document; 36. Any other use which is comparable in nature with the foregoing uses as determined by the BZA or the hearing examiner. B. Accessory Uses: 1. Essential services as set forth under the Land Development Code (LDC) including but not limited to, gas lines, water lines, sewer lines, pump stations and wells. 2. Water management facilities and related structures. PL2013-0266, Bradford Square MPUD Page 2 of 15 Revd 10-16-2013 17A 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Garages and/or carports 5. Guardhouses, gatehouses, and access control structures. 6. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the LDC. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. 8. Accessory uses and structures customarily associated with group housing uses permitted in this MPUD, including recreational facilities, such as swimming pool, clubhouse, fitness center and maintenance facilities. 9. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses for this MPUD, as determined by the Board of Zoning Appeals (BZA) or the hearing examiner. C. Specifically prohibited uses: 1. Automotive service stations; 2. Convenience stores with or without gas pumps; 3. Fast food restaurants; 4. No outdoor amplified entertainment shall be permitted for any restaurants (music or television). 5. No bar areas with outside seating shall be permitted. The following list of uses shall also be prohibited per Ordinance No. 2011-28: 0742 —Veterinary services for Animal Specialties - Horses are prohibited, other animals are allowed. 0752 — Animal specialty services, Except Veterinary (dog grooming is allowed) 5261— Retail nurseries, lawn and garden supply stores 5499 — Poultry dealers — retail and egg dealers — retail 5531 — Auto and home supply store, except automobile accessory and parts dealers — retail (no on-site installation) 5813 — Drinking places (alcoholic beverages) 5921— Liquor stores exceeding 5,000 square feet 5932 — Used merchandise stores 5962 —Automatic merchandising machine operators 7211— Power laundries, family and commercial 7215 — Coin-operated laundries and drycleaning 7216 — Drycleaning plants, except rug cleaning 7299 — Miscellaneous personal services, not elsewhere classified Coin operated service machine operations Comfort station operation PL2013-0266, Bradford Square MPUD Page 3 of 15 Rev4 10-16-2013 Escort service Locker rental Massage parlors (except those employing licensed therapists) Rest room operation Tattoo parlors Turkish baths Wedding chapels, privately operated 7389 — Business services, not elsewhere classified, except Appraisers 7623 — Refrigeration and air-conditioning service and repair shops 7629 — Electrical and electronic repair shops, not elsewhere classified 7641— Re -upholstery and furniture repair 7692 — Welding repair 7694 — Armature rewinding shops 7699 — Repair shops and related services, not elsewhere classified 7841— Adult oriented video tape rental 7993 — Coin operated amusement devices 8641— Civic, social and fraternal associations D. Operational Requirements for Group Housing Group housing for seniors uses shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall have the option to be equipped to notify the community staff in the event of medical or other emergency. PL2013-0266, Bradford Square MPUD Page 4 of 15 Rev4 10-16-2013 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. PRESERVE A. Principal Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation areas. 3. Passive Recreation areas. 4. Water management and water management structures. DEVELOPMENT STANDARDS Exhibits B sets forth the development standards for land uses within the MPUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. Except as provided for herein, all criteria set forth in Exhibit B, shall be understood to be in relation to individual parcels or lot boundary Fines. Condominium and/or residential dwelling unit boundary lines shall not be utilized for determining development standards. Architectural Common Theme: Structures within this MPUD shall have a Mediterranean architectural theme, inclusive of common or compatible use of materials and colors. All buildings will be in the Mediterranean style, and all pitched roofs will be barrel tile or similar material. PL2013-0266, Bradford Square MPUD Page 5 of 15 Rev4 10-16-2013 EXHIBIT B FOR BRADFORD SQUARE MPUD DEVELOPMENT STANDARDS STANDARDS COMMERCIAL MIXED USE GROUP HOUSING* Minimum Lot Area 10,000 SF N/A Minimum Lot Width 100 feet N/A Minimum lot Depth N/A N/A Minimum Front Yard Setback 10 feet 10 feet Livingston Road 35 feet 35 feet Vanderbilt Beach Road 35 feet 35 feet Minimum Side Yard Setback East PUD Boundary 70 feet 70 feet Minimum Rear Yard Setback North PUD Boundary 70 feet 70 feet Maximum Building Height Zoned 35 feet 43 feet Actual 50 feet 53 feet Minimum Distance Between Structures One-half the sum of each One-half the sum of each building height but not less than building height but not less than twenty feet (20 feet) twenty feet (20 feet) Minimum Floor Area 1000 SF N/A Minimum Preserve Setback 25 feet 25 feet Minimum Front Yard Setback 15 feet 15 feet Minimum Side Yard Setback 15 feet 15 feet Minimum Rear Yard Setback 15 feet 15 feet Minimum Preserve Setback 10 feet 10 feet Minimum Distance Between Structures SPS 10 feet Maximum Building Height Zoned Actual 15 feet 20 feet 15 feet 20 feet *See Figure 1, Alternative Building Configuration for Group Housing SPS —Same as Principal Structure PL2013-0266, Bradford Square MPUD Page 6 of 15 Rev4 10-16-2013 u & j K > d a n R@p Oe g'-°�� i .. z< 4 z LJ r <W a m 'wr rz � m L: i•? K z d ��Fz < au �E]r z m w + q 15 m i - 7� !�x —I _ i i I g 1 II -�C N. ,(I(l� , s _ 77 LL — r r, d` q `� ;In _ fooco K cl -- - ;, n w� I^p r w 11 (p J Qa fD ! �� ♦ } � �� a� vet C. ,r A -,.�� _t� `` Y€ a SOl AI _ _ _�_ EXHIBI I G1 - SEC [IONS (COMMERCIAL MIXED USE DEVELOPMEW 0 z CL cr) < Z w 0 w U. tu z cr 0 "WW ma iI .......... ........... ...................... ..................... ...................... ................................ ............................... ..................... I .......... ......................... ................ I .............. ....................... 0 . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. ......... . . . . . . . . . . . . . . . . . . . . . . . . uj ........... .......... ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . alWOU NOISONIAIl ------------ ---------------------------- ............ id, I I I UJ cc z oso LL. Q m EXHIBIT C2 - PRESERVE AREA WITHIN MPLID 4 01 - EXHIBIT EXHIBIT C3 ARCHITECTURAL CONCEPTUAL DRAWING (COMMERCIAL. MIXED USE DEVELOPMENT) 17 x a 1 � �L C ,4; E L .fl � I/A 1 EXHIBIT D FOR BRADFORD SQUARE MPUD LEGAL DESCRIPTION COMMENCE AT THE SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID SECTION 31, NORTH 02°06'26" WEST, A DISTANCE OF 186.64 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED THE SAME BEING A POINT ON THE NORTH LINE OF THE LANDS RECORDED IN OFFICIAL RECORDS BOOK 3022, PAGE 1128, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE ALONG SAID WEST LINE AND THE EAST LINE OF LIVINGSTON ROAD, NORTH 02°06'26" WEST, A DISTANCE OF 480.59 FEET TO A POINT ON THE SOUTH LINE OF THE LANDS RECORDED IN OFFICIAL RECORDS BOOK 2632, PAGE 1892, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID SOUTH UNE, SOUTH 89°56'05" EAST, A DISTANCE OF 825.95 FEET TO A POINT ON THE WEST LINE OF THE LANDS RECORDED IN OFFICIAL RECORDS BOOK 3620, PAGE 1412, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID WEST LINE, SOUTH 02"08'15" EAST, A DISTANCE OF 507.23 FEET TO A POINT ON THE NORTH LINE OF THE ORDER OF TAKING AS DESCRIBED IN OFFICIAL RECORDS BOOK 3599 PAGE, 121, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LANDS FOR THE FOLLOWING THREE (3) CALLS: 1) NORTH 89°55'46" WEST, A DISTANCE OF 113.58 FEET; 2) THENCE NORTH 00°04'14 EAST, A DISTANCE OF 26.50 FEET; 3) THENCE NORTH 89"55'46" WEST, A DISTANCE OF 140.68 FEET TO THE NORTHEAST CORNER OF THE LANDS RECORDED IN OFFICIAL RECORDS BOOK 3022, PAGE 1128, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID LANDS FOR THE FOLLOWING TWO (2) CALLS: 1) NORTH 89"55'46" WEST, A DISTANCE OF 564.79 FEET; 2) THENCE NORTH 89'40'20" WEST, A DISTANCE OF 8.19 FEET TO THE POINT OF BEGINNING. CONTAINING 9.18 ACRES, MORE OR LESS. PL2013-0266, Bradford Square MPUD Page 1 1 of 15 Rev4 10-16-2013 i EXHIBIT E FOR BRADFORD SQUARE MPUD LIST OF REQUESTED DEVIATIONS 1. Deviation 1 seeks relief from LDC Subsection 5.03.02 E 2 and 3 which requires a wall between commercial and residential uses to allow no wall along the north and east property lines that are adjacent to residential development. The buffer areas shown on the MPUD Master Plan are presumed to provide sufficient screening and buffering and shall provide the same level of screening as to the LDC requirements after exotic removal. 2. Deviation 2 seeks relief from LDC Section 5.05.04.D.1 which establishes a maximum FAR of 0.45 for group housing to permit a maximum FAR of 0.5. PL2013-0266, Bradford Square MPUD • Page 12 of 15 Rev4 10-16-2013 EXHIBIT F FOR BRADFORD SQUARE MPUD LIST OF DEVELOPER COMMITMENTS 1. TRANSPORTATION A. Payment in lieu of construction of sidewalks and bike lanes for Vanderbilt Beach Road frontage shall be required. The amount shall be determined utilizing FDOT's 2004 Transportation Cost Manual estimates, as amended. Payment shall be required within 30 days of the zoning approval by the Board of County Commissioners. B. Payment in lieu of construction in the amount of $25,000 for a bus shelter shall be required prior to the first CO for the commercial mixed-use development option. No payment or obligation to construct a shelter is required for the senior housing development option. 2. ENVIRONMENTAL A. The MPUD shall be required to preserve 15% of native vegetation, 8.33± acres of native vegetation exists on-site requiring a minimum preservation of 1.25± acres (8.33 x .15 = 1.25) of native vegetation to be retained. The preservation plans shall meet or exceed the requirements of the LDC. B. Exhibit C -Commercial Mixed Use Master Plan, identifies a preserve area requirement greater than the minimum required 1.25 acres for the PUD. Exhibit C was previously approved and is not being amended as part of the 2013 PUD amendment. Development of a commercial mixed use project will be in compliance with the preserve requirements as shown on Exhibit C. 3. PLANNING The conceptual plan in Exhibit C depicts a single commercial building; however, multiple buildings may be constructed consistent with use, intensity and development standards contained in this PUD. 4. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Everbank, 1185 Immokalee Road, Naples, Florida 34110. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County PL2013-0266, Bradford Square MPUD Page 13 of 15 Rev4 10-16-2013 Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments PL2013-0266. Bradford Square MPUD Page 14 of 15 Rev4 10-16-2013 0 z cuU U i 2 < N D ..., I R m0 F7771 0 is 12 1, 0 w z Z:l Z LIJ flliP I'll t v p "n z LIVINGSTON ROAD , CE -t, (159 PUBLIC RIGHT-OF-WAY) I 4 17A Teresa L. Cannon From: Deselem, Kay Sent: Tuesday, November 12, 2013 4:46 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Ann P. Jennejohn; Neet, Virginia; Rodriguez, Wanda; Wells, Laura; Brock, MaryJo Subject: PUDZ-A-PL20130000266; BRADFORD SQUARE PUD Attachments: ad for BCC 11-12-13 signed.pdf; Ordinance - initialed on 10-17-13.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. Kay Deselem, AICP, Principal Planner Zoning Services --Planning d Zoning Deportment Growth Management Division --Planning d Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239-252-2931 Fax: 239-252-6357 kaydeselem0collier og v.net kodda [ a.v, e -mad aaarceS s .., e public records. It you do 32et 4°rF . d Yn;ar 1,",1 aodre'ss eer i in iesp: nse t., t;ub; �c do ntr l .>;,nd it otic mad to this r==rail nsleed_ comact 9.his office by tr✓ienhon� or m r itisn g. 1 17 A Acct. #068779 November 13, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: PUDZ-A-PL20130000266; Bradford Square PUD Dear Legals: Please advertise the above referenced notice on Wednesday, November 20, 2013, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O.#4500140024 17A NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, December 10, 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 COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS THE BRADFORD SQUARE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) TO A NEW MPUD WHICH WILL CONTINUE TO BE KNOWN AS THE BRADFORD SQUARE MPUD, TO ALLOW CONSTRUCTION OF EITHER 100,000 SQUARE FEET OF GROSS LEASABLE OFFICE OR RETAIL WITH UP TO 10 RESIDENTIAL DWELLING UNITS OR TO ALLOW CONSTRUCTION OF GROUP HOUSING FOR SENIORS FOR UP TO 130 UNITS WITH A FLOOR AREA RATIO OF .50 ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF VANDERBILT BEACH ROAD AND LIVINGSTON ROAD IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 9.18 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 07-41, THE FORMER BRADFORD SQUARE MPUD; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-A-PL20130000266) 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 public hearing. 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 17 "h 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. CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) �~ County of Collier CLERK OF THE'CIRCUIT COURT Dwight E. Brock COLLIER COUII Y COORTHOUSE Clerk of Courts 3315 TAMIAMI TRL E STE 102 P.O. BOX 413044 NAPLES, FLORIDA f ,�, `;NAPLES, FLORIDA 34112-5324 34101-3044 November 13, 2013 Everbank Attn: Douglas Nelson 1185 Immokalee Road Naples, FL 34110 Re: Notice of Public Hearing to consider Petition PUDZ-PL20130000266: Bradford Square PUD Dear Petitioner: 17q Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 10, 2013, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, November 20, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone- ( 39) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk2colliercierk.com County of Collier CLERK OF THE;CIRCUIT COURT Dwight E. Brock COLLIER COU �v COOKI-I-IOUSE Clerk of Courts 3315 TAMIAMI TRL E STE 1021, P.O. BOX 413044 NAPLES, FLORIDA yr :NAPLES, FLORIDA 34112-5324 34101-3044 N November 13, 2013 Cameron General Contractors, Inc. 8040 Eiger Drive Lincoln, NE 68516 Re: Notice of Public Hearing to consider Petition PUDZ-PL20130000266: Bradford Square PUD Dear Petitioner: Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 10, 2013, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, November 20, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk�collierclerk.com County of Collier CLERK OF THECIRQUIT COURT Dwight E. Brock COLLIER CO"TY COORTHOUSE Clerk of Courts 3315 TAM[AMI TRL E STE 102'x. _ �': P.O. BOX 413044 NAPLES, FLORIDA `'yr NAPLES, FLORIDA 34112-5324 34101-3044 M November 13, 2013 Q. Grady Minor & Associates Attn: D. Wayne Arnold 3800 Via Del Rey Bonita Springs, FL 34134 Re: Notice of Public Hearing to consider Petition PUDZ-PL20130000266: Bradford Square PUD Dear Petitioner: 17A Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 10, 2013, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, November 20, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 7 Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- Coll ierClerkgcollierclerk.com NOTICE OF INTENT TO CONSIDER ORDINANCE 17A I y given. N6t1ce1s hereb 'that o'n TUESDAY, December 710..201�,, in the Boardroom, 3rd Floor, Administratlon BLJi'ldi11'qij C611i.er Cdunty Government C.0.nter 3299 East " Tamiarni Trail, Nafiles, Fjothd & ricia, e BdatCo int y<,6mMI'sq(6n Ic bsiderthe in111'�Qmrhen�e a (�Mjnty Ordinance. The rnee'�tg vvi .,,%,Q0,A,M' The: enactment Of title of the proposed. Ordinance is -as AN ORDINANCE OF THE BOARD OF, COUNTY COMMISSIONE,RS,OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2'004-4.1, AS. AMENOE110 THE COLLIER COUNTY LAND DEVELOPMENT CODE', WHICH THE COIVIPREHENSIVE ZONING REGULATIONS FO THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THEAPPkOPRIATE 2!ONIN6.ATILAS MAP 611 MAPS FOR A PROJECT PkEVJOUSLY KNOWN AS'THE BRADFORD SQUAME 11111X) USE PLANNED UNIT DEVELOPMENT (MPU,D) TO A NEW MPUD WHICH WILL, C I ONTINUE TO BE KNOWN AS THE BRADFORD squARE MPUP,'TO ALLOW CONSTRLICTION OF EITHER , , 100,,000 SQUARE FEET OF"GROS'S LEASABLE: OFFICE OR RETAIL. WITH UP TO 10 RESIDENTIAL DWELL.LNG UNITS OR TO'AILLoW CONSTRUCTION Of GROUP HOUSING FOR SENIORS FOR UP TO 1,30 UNITS WITH A FLOOR AREA RATIO CSF .5l] ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF VAN DER51 LT.13 EACH ROAD ANP LIVINGSTON ROAD IN SECTION 31, TOWNSHIP 48,S,.OLJTHO R-AN,Gt:-:,�26,EIASTt,,'COLLIER COUNtYll"LORIDA CONSISTING OF 9.18 t/- ARES; PROVIDING FOR THE, REPEAL OF'ORDINANCE , NUMI3E7RQ'7,-41, THE FORMER BRADFORD SQUARE WUD; AND BYPROVIDING AN EFFECTIVE DATE. (PUDZ-A-PL201,300,00266) Copies ' of t I ho e proposed Ordinance are n Me with the Clerk to,the. Board and are available for inspection. All interested parties.are invited -to attend and be heard., NOTE: All person's wishing to speak on Btiyagen'da item must re,6ister-vvith the County ad rn i nis-trator prior to presentation, of1he ageri cla ftern tobe addressed. IndiVidUalspeakers will I -,)e limnedto3 rninutesorvany item. The selection uf'ari individual to 5peak on behal-l'of,anorganization or group is eritouraged, If recognized by the Chair0an, a spokesperson for a group or organization may be allotted I , 0 minutes -to speakon an item. 'Rerspns wishing to have Written or graphic nlatefjalsl Included In the Board agenda packets must submjr, said material -a minimum of 3 V'Veeks prior, to the respectivepu'lp,lichearing-, In any case., Written maters is intended to 4econ5"Idered �ythe Board shall be submitted to the apprqpqa*Countysta'ff a minimum of Seven days) prior to the public hearing. All rhateri'al used in presentations bofort�- the Board will become a permanent part of the record. Any person who deci&5, to.appea I a decision of the Board w! 11 need a record of, the pro'coodings, per-taining,thereto and therefore, may need to ensure that a verbatim record of the proceedings is n,iade, which -record includes the testimony and 'evidence upon which the appeal is based. If you ar,e a person with a'di'sability who nee,ds arty accommodation ill'order to partIcipate in thIs procee,ding, you are entitled, at tib cost to ybu, to the provision, of certain assistance. Please contaitt the Collier'Cownty Facilities Management Department' located at33357ami6mi T�ail East, Building; W, Naples, Florida 34112, (239)252-8380. Assisted listening,device's -for the heari,nolIrl paired :are available ire" the County Office, BOARD OF,CO(JNTY COMMISSIONERS C01111 --_R COUNTY, FL 010A GEORGIA A. HILLER, ESC ,.(-'HAIRW OMAN DWIGHT L. BROCK, CLERK By: Kjarthavergara','Deputy Clerk trier 20, 2013 No. 200' 17A Martha S. Vergara From: Martha S. Vergara Sent: Thursday, November 14, 2013 4:06 PM To: 'Polidora, Carol' Subject: RE: Ad Confirmation Hi Carol, This ad has been approved by the legal department, please proceed with publishing as requested Thanks, Martha -----Original Message ----- From: Polidora, Carol[mailto:cpolidora@naplesnews.comj Sent: Thursday, November 14, 2013 1:47 PM To: Martha S. Vergara Subject: Ad Confirmation Hi Martha! Please provide approval ASAP for publication on 11.20.13. Thank you! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 1 Fax: (239) 325-1251 1 cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 Thank you for placing your ad. Date 11/14/13 Publication NDN Account Number 744102 Ad Number 2007239 Total Ad Cost $295.50 1 DA, A 17 A NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby 9i K^. that °^ TUE�A D o e 10, 2013, in the Boardroom. Building Governmerrt Center, 3299 East 3rd Flour, Adr^Imstrm°^ • me Board of County Commissioners will comider Tamiami Trai4 Naples, Florida' will commence at g:00 A -M. The enactment of a County Ordinance. The meeting title of the proposed Ordinance ^ as folbwr COMMISSIONERS OF COLLIER AN ORDINANCE OF THE BOARD :OUWY 2004.41, AS AMENDED, THE LppMENTtE CODE,. WHICH ESTABUSIiED THE COUNTY, FMA, AMENDING ORDINANCE THE UNINCORPORATED AREA OF COIUER COUNTY LAND DEVE TE ZONING ATLAS MAP 'a COMPREHEOU ZONING REGULATIONS DFORFLORIDA BY AMENDINGAPPROPRIPROJECT PREVIOUSLY WN .., WU WILL EFFECTIVE DATE. (PUDZ Copies of the Prop°sed Ordinance are on file with the Clerk to thr Board and are available for inspection• All interested Parties are invited to attend and be heard. a endo item must register with the NOTE: All rsons wisho ,, R eak on any g The selection of a County adI s*n or . prl resentation of the anenh. em to be addresse . Individual speakers will be Irnrted to 3 minutes on Y is encouraged• If individual to sp son for a group or organization may be eak on behalf of an organization or group recognized by the Chairman, a spokesPer allotted 10 minutes to speak on an item. ra hic materials indudedriortto t resplye persons wishing to have written or g p, b packets must submit mSeateri ittenmmaterials�nte a mnimumiofrseven days = publk hearing. o late Counq presentations before the Board Board shall be sub, 'It. g. At enol used prior to the P art of the record. will become a permanent p Any person who derides to app ned eat a decision of the Boar o ielnsu�thatca a batim proceedings pertai n9 s made, e whicref h recore ord includes the testimony and record of the al is based. evidence upon w ich the apps If you are a person with a disability who needs any accommodation ie order to participate m this proceedm9, You are entitled, at no cost tc you, to the provision D femme rrt, located . 3335 Tamiami Trail East, Belding • Naples, a available ble in , of certain assistance. please contact the Collier County Faalities Management Depar52-8380• Assisted listening devices for the hearing Impaired are available m the County Commissioners' OffKe• COUNTYBOARD OF COMMISSIONERS COLLIERCOUNTY- FLORIDAFLOR D GEORGIA A. HILLER ESQ. CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Martha Vergars, Deputy Clerk (SEAL) Naples Daily News 1 7 A Naples, FL 34110 Affidavit of Publication Naples Daily News --------------------------------------------------+--------- --------------- BCC/ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 REFERENCE: 068779 4500140024 59733311 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Robin Calabrese, who on oath says that she serves as the Advertising Director of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. 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, 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 affiant 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. PUBLISHED ON: 11/20 AD SPACE: FILED ON: 100 LINE 11/20/13 Signature of Affiant Sworn to and Subscribed Personally known by av labia or Imo{ nSpEdion. / NOTICE OF INTE NOTE: All Persons wis Notice is hereby given that on T; County administrator 1 3rd Floor, Administration Buildinc Individual speakers will Tamiami Trail, Naples, Florida, thE7 individual to speak on enactment of a County Ordinance recognized by the Chaii title of the proposed Ordinance is as allotted 10 minutes to spi AN ORDINANCE OF THE BOAR eersons wishing to have COUNTY, FLORIDA, AMENDING packets must submit sal COLLIER COUNTY LAND DEVI public hearing. In any COMPREHENSIVE ZONING REGUI Board shall be submittei COLLIER COUNTY, FLORIDA BY AI prior to the public hear! OR MAPS FOR A PROJECT PRE become a permanent par MIXED USE PLANNED UNIT DEVELOPN Any person who decides CONTINUE TO BE KNOWN AS proceedings pertaining i CONSTRUCTION OF EITHER 100,q record of the proceed RETAIL WITH UP TO 10 RE evidence upon which the CONSTRUCTION OF GROUP HOUj FLOOR AREA RATIO OF .50 ON pq� If you are a person wi OF THE INTERSECTION OF VAN participate in the proce SECTION 31, TOWNSHIP 48 SO 11 of certain assistance. CONSISTING OF 9.18 +/- ACREJ Department, located at NUMBER 07-41, THE FORMER BN Florida 34112, (239) 25, EFFECTIVE DATE. (PUDZ-A-PL2014 are available in the Coun Copies of the proposed Ordinanc) available for inspection. All intereo NOTE: All persons wishing to County administrator prior to p Individual speakers will be limite individual to speak on behalf recognized by the Chairman, a allotted 10 minutes to speak on an� Persons wishing to have written packets must submit said mated public hearing. In any case, wr Board shall be submitted to the prior to the public hearing. All will become a permanent part of t i Any person who decides to appeal proceedings pertaining thereto an record of the proceedings is evidence upon which the appeaIjs If you are a person with a disa participate in this proceeding, yo of certain assistance. Please c Department, located at 3335 Ta (239)252-8380. Assisted listening the County Commissioners' Office.. BOARD OF COUNTY COMMISSIONEI COLLIER COUNTY, FLORIDA BOARD OF COUNTY CON COLLIER COUNTY, FLORI[ GEORGIA A. HILLER, ESQ. DWIGHT E. BROCK, CLERI By: Martha Vergara, Dep, (SEAL) November 20. 2013 NOTICE OF ME NOTE Notice is hereby given ti hold a public hearing Commissioners chamber Tamiami Trail, Naples, Resolutions, for Tran Management Plan. The r The purpose of the hea the Public Facilities Management Plan; to Department of Economic GEORGIA A. HILLER, ESQ. CHAIRWd ' A RESOLUTION OF 7 DWIGHT E. BROCK, CLERK AMENDMENT TO TH ORDINANCE 89.05, AS By: Martha Vergara, Deputy Clerk SUBELEMENT OF THE REFERENCE THE UPDAT (SEAL) FURTHERMORE RECON Novemb r 0. 017 FLORIDA DEPARTMENT -------------- +- - - - - --------- - - - - - - 0-Z 1e6V eauelnsul PJe4ald Nut PePuo8 ......1d tiIOZ BZ JegwenDN 'S3dId, 89L158 33 # N0ISSIWW00 AW =''•b's ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNALZ A Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the evrtention of the Chairman's sivnantre draw a line through routine lines #1 through #2. complete the checklist. and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date i. OR (Initial) Applicable) 2. 12/10/lvor Agenda Item Number ITA 3. County Attorney Office County Attorney Office ,#i9' .F C, 4. BCC Office Board of County Commissioners Gly �$ Z 5. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Kay Deselem � Phone Number 252-2931 Contact / Department OR (Initial) Applicable) Agenda Date Item was 12/10/lvor Agenda Item Number ITA Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, ,#i9' .F C, Type of Document Ordinancea©t,�,� Number of Original 1 Attached Original document has been signed/initialed for legal sufficiency. (All documents to be Documents Attached PO number or account signed by the Chairman, with the exception of most letters, must be reviewed and signed number if document is by the Office of the County Attorney. to be recorded All handwritten strike -through and revisions have been initialed by the County Attorney's 40, INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I . Does the document require the chairman's original signature? 0 2. Does the document need to be sent to another agency for additional signatures? If yes, ,#i9' .F C, provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be 40 signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's 40, Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the 49 document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's 419 si afore and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip 0 should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on December 10, 2013and all changes made AV during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for>� Chairman's signature. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 17A MEMORANDUM Date December 16, 2013 To: Kay Deselem, Principal Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2013-64: Bradford Square MPUD Attached for your records is a copy of the ordinance referenced above (Item #17A) adopted by the Board of County Commissioners on Tuesday, December 10, 2013. If you have any questions, please call me at 252-8406. Thank you. Attachment 17A ORDINANCE NO. 13- 6 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS THE BRADFORD SQUARE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) TO A NEW MPUD WHICH WILL CONTINUE TO BE KNOWN AS THE BRADFORD SQUARE MPUD, TO ALLOW CONSTRUCTION OF EITHER 100,000 SQUARE FEET OF GROSS LEASABLE OFFICE OR RETAIL WITH UP TO 10 RESIDENTIAL DWELLING UNITS OR TO ALLOW CONSTRUCTION OF GROUP HOUSING FOR SENIORS FOR UP TO 130 UNITS WITH A FLOOR AREA RATIO OF .50 ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF VANDERBILT BEACH ROAD AND LIVINGSTON ROAD IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.18+/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 07-41, THE FORMER BRADFORD SQUARE MPUD; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-A-PL20130000266) WHEREAS, on April 24, 2007, the Board of County Commissioners approved Ordinance Number 07-41 which established the Bradford Square Mixed Use Planned Unit Development (MPUD) zoning classification; and WHEREAS, Everbank, represented by Wayne Arnold of Q. Grady Minor and Associates, P.A., petitioned the Board of County Commissioners to amend the Bradford Square MPUD. 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 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from a Mixed Use Planned Unit Development (MPUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) for a project to be known as the Bradford Square MPUD to allow construction of either 100,000 square feet of gross leasable office or retail with up to 10 residential dwelling units or to allow construction of group housing for seniors for up to 130 units with a floor area ratio of .50 Bradford Square MPUD \PUDZ-PL20130000266 Rev. 10/08/13 1 of 2 0 17 A in accordance with the MPUD Document, attached hereto as Exhibits "A" through "G", and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 07-41, known as the Bradford Square MPUD adopted on April 24, 2007 by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this %041\ day of2013. ATTEST � [, B DWIGHT. E. BROOK, CLERK C N . By: Dpy By:_ aiur oily Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County attorney Attachments: Exhibit A — Permitted Uses OF COUNTY COMMISSIONERS FLORIDA GEORGIA A. HILLER, ESQ. Chairwoman Exhibit B — Development Standards Exhibit C — Commercial Mixed Use Master Plan Exhibit C 1 — Sections (Commercial Mixed Use Development) Exhibit C2 — Preserve Area within MPUD Exhibit C3 - Architectural Conceptual Drawing for Commercial Mixed Use Development Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit F — List of Developer Commitments Exhibit G — Figure 1 Alternative Building Configuration for Group Housing CP\13-CPS-01232\42 Bradford Square MPUD \PUDZ-PL20130000266 Rev. 10/08/13 This I� = IAC Of NCP �'; and acknowle,Jg rn t f rt -,as 2 of 2 fill r�idi day of BYoev Cq 17A EXHIBIT A FOR BRADFORD SQUARE MPUD Regulations for development of the Bradford Square MPUD shall be in accordance with the contents of this MPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this MPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise most similar shall apply. PERMITTED USES: A maximum development intensity of (a) 100,000 square feet of gross leasable office or retail area and a maximum of 10 residential dwelling units or (b) 130 units of group housing for seniors shall be permitted within the MPUD. The property may only be developed as commercial mixed-use or as a senior housing facility. Both options cannot be developed on the site. The maximum floor area for any single commercial user shall be 20,000 square feet, except for a grocery/supermarket, physical fitness facility, craft/hobby store, home furniture/furnishing store, or department store use, which shall not exceed a maximum of 50,000 square feet. The group housing for seniors shall be limited by a FAR of .50 (see deviations). 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: MIXED USE: A. Principal Uses: 1. Accounting services (group 8721); 2. Apparel and accessory stores (groups 5611— 5699); 3. Architectural, engineering and surveying services (groups 0781, 8711— 8713): 4. Attorney offices and legal services (group 8111); 5. Auto and home supply (5531), except as prohibited in Item C of this Document; 6. Business services (groups 7311 — 7313, 7322 — 7338, 7361 — 7379, 7384, 7389), except as prohibited in Item C of this Document; 7. Child day care services (group 8351); 8. Depository (financial) institutions (groups 6011— 6099); 9. Eating places (group 5812 only as outlined as follows: box lunch stands, cafes, coffee shops, dairy bars, diners, eating places), food bars, frozen custard stands, grills, (eating places), Ice cream stands, luncheonettes, oyster bars, pizza parlors, pizzerias, restaurants -carry -out restaurants -sit-down, restaurant with drive-through window (limited to one only) sandwich bars or shops, snack shops, soda fountains, submarine sandwich shops, tea rooms, (except as prohibited in Item C of this Document); No outdoor amplified entertainment shall be permitted for any PL2013-0266, Bradford Square MPUD Page 1 of 15 Rev4 10-16-2013 17A restaurants (music or television) and no bar areas with outside seating shall be permitted. 10. Food stores (groups 5411— 5499),except as prohibited in Item C of this Document; 11. General merchandise stores (groups 5311— 5399); 12. Governmental offices (groups 9111— 9199); 13. Group housing for seniors, described in Section 5.05.04 of the LDC, including assisted living and independent living facilities (See Exhibit A Item D, Operational Requirements for Group Housing); 14. Hardware stores (group 5251); 15. Health services (groups 8011- 8049, 8082); 16. Home furniture, furnishings, equipment store (groups 5712 — 5736); 17. Insurance agencies, brokers, carriers (groups 6311-6399, 6411); 18. Management and public relations (groups 8741— 8743, 8748); 19. Membership organizations (groups 8611— 8699), except as prohibited in Item C of this Document; 20. Miscellaneous repair services (groups 7629 — 7699), except as prohibited in Item C of this Document; 21. Miscellaneous retail services (groups 5912, 5921, 5941 — 5963), except as prohibited in Item C of this Document; 22. Museums and art galleries (group 8412); 23. Non -depository credit institutions (groups 6111— 6163); 24. Office machine repair service (groups 7629 — 7631) , except as prohibited in Item C of this Document; 25. Paint, glass, wallpaper store (group 5231); 26. Personal services (groups 7212, 7216, 7221, 7251, 7291, 7299), except as prohibited in Item C of this Document; 27. Photographic studios (group 7221); 28. Physical fitness facilities (group 7991); 29. Residential multi -family- maximum of 10 dwelling units 30. Real estate (groups 6531— 6541); 31. Security brokers, dealers, exchanges, services (groups 6211— 6289); 32. Shoe repair shops or shoe shine parlors (group 7251); 33. Travel agencies (groups 4724): 34. Veterinarian's office (groups 0742, 0752) (except for outdoor kenneling) , except as prohibited in Item C of this Document; 35. Videotape rental (group 7841) , except as prohibited in Item C of this Document; 36. Any other use which is comparable in nature with the foregoing uses as determined by the BZA or the hearing examiner. B. Accessory Uses: 1. Essential services as set forth under the Land Development Code (LDC) including but not limited to, gas lines, water lines, sewer lines, pump stations and wells. 2. Water management facilities and related structures. PL2013-0266, Bradford Square MPUD Page 2 of 15 Rev4 10-16-2013 17A 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Garages and/or carports 5. Guardhouses, gatehouses, and access control structures. 6. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the LDC. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. 8. Accessory uses and structures customarily associated with group housing uses permitted in this MPUD, including recreational facilities, such as swimming pool, clubhouse, fitness center and maintenance facilities. 9. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses for this MPUD, as determined by the Board of Zoning Appeals (BZA) or the hearing examiner. C. Specifically prohibited uses: 1. Automotive service stations; 2. Convenience stores with or without gas pumps; 3. Fast food restaurants; 4. No outdoor amplified entertainment shall be permitted for any restaurants (music or television). 5. No bar areas with outside seating shall be permitted. The following list of uses shall also be prohibited per Ordinance No. 2011-28: 0742 — Veterinary services for Animal Specialties - Horses are prohibited, other animals are allowed. 0752 — Animal specialty services, Except Veterinary (dog grooming is allowed) 5261— Retail nurseries, lawn and garden supply stores 5499 — Poultry dealers — retail and egg dealers — retail 5531 — Auto and home supply store, except automobile accessory and parts dealers — retail (no on-site installation) 5813 — Drinking places (alcoholic beverages) 5921— Liquor stores exceeding 5,000 square feet 5932 — Used merchandise stores 5962 — Automatic merchandising machine operators 7211— Power laundries, family and commercial 7215 — Coin-operated laundries and drycleaning 7216 — Drycleaning plants, except rug cleaning 7299 — Miscellaneous personal services, not elsewhere classified Coin operated service machine operations Comfort station operation PL2013-0266, Bradford Square MPUD Page 3 of 15 Rev4 10-16-2013 17A Escort service Locker rental Massage parlors (except those employing licensed therapists) Rest room operation Tattoo parlors Turkish baths Wedding chapels, privately operated 7389 — Business services, not elsewhere classified, except Appraisers 7623 — Refrigeration and air-conditioning service and repair shops 7629 — Electrical and electronic repair shops, not elsewhere classified 7641— Re -upholstery and furniture repair 7692 — Welding repair 7694—Armature rewinding shops 7699 — Repair shops and related services, not elsewhere classified 7841— Adult oriented video tape rental 7993 — Coin operated amusement devices 8641— Civic, social and fraternal associations D. Operational Requirements for Group Housing Group housing for seniors uses shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall have the option to be equipped to notify the community staff in the event of medical or other emergency. PL2013-0266, Bradford Square MPUD Page 4 of 15 Rev4 10-16-2013 G 17A 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. PRESERVE A. Principal Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation areas. 3. Passive Recreation areas. 4. Water management and water management structures. DEVELOPMENT STANDARDS Exhibits B sets forth the development standards for land uses within the MPUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. Except as provided for herein, all criteria set forth in Exhibit B, shall be understood to be in relation to individual parcels or lot boundary lines. Condominium and/or residential dwelling unit boundary lines shall not be utilized for determining development standards. Architectural Common Theme: Structures within this MPUD shall have a Mediterranean architectural theme, inclusive of common or compatible use of materials and colors. All buildings will be in the Mediterranean style, and all pitched roofs will be barrel tile or similar material. PL2013-0266, Bradford Square MPUD Page 5 of 15 Rev4 10-16-2013 17A EXHIBIT B FOR BRADFORD SQUARE MPUD DEVELOPMENT STANDARDS STANDARDS COMMERCIAL MIXED USE GROUP HOUSING* PRINCIPAL STRUCTURES Minimum Lot Area 10,000 SF N/A Minimum Lot Width 100 feet N/A Minimum Lot Depth N/A N/A Minimum Front Yard Setback Livingston Road Vanderbilt Beach Road 35 feet 35 feet 35 feet 35 feet Minimum Side Yard Setback East PUD Boundary 70 feet 70 feet Minimum Rear Yard Setback North PUD Boundary 70 feet 70 feet Maximum Building Height Zoned Actual 35 feet 50 feet 43 feet 53 feet Minimum Distance Between Structures One-half the sum of each building height but not less than twenty feet (20 feet) One-half the sum of each building height but not less than twenty feet (20 feet) Minimum Floor Area 1000 SF N/A Minimum Preserve Setback 25 feet 25 feet E %ACCESW A TRUC'1`URES Minimum Front Yard Setback 15 feet 15 feet Minimum Side Yard Setback 15 feet 15 feet Minimum Rear Yard Setback 15 feet 15 feet Minimum Preserve Setback 10 feet 10 feet Minimum Distance Between Structures SPS 10 feet Maximum Building Height Zoned Actual 15 feet 20 feet 15 feet 20 feet *See Figure 1, Alternative Building Configuration for Group Housing SPS —Same as Principal Structure PL2013-0266, Bradford Square MPUD Page 6 of 15 Rev4 10-16-2013 CIAO -- - z a� tz zz aeon po i zOo< O n g o prs a n F OZ �0 Hp FI baMM °� n dQd Zp ff S g nm ?�Liw awzd �o�d tri a IIT .�at�n' n o w z I w �amaazw a i,'� oozo��� 7 Z Si c� omFF n Nmol oz I.I aoNNoi-" 9 J i =JwJ W FF I I'I �wKWOjn. ��� a c— ZmwN IG �o oz� S ow -o m=o a ---d-d ��u woi mz�o�as € m-- z - < m�do sda \rrw � �1 <z<�io I o ----- �w a aoNd- o — — »omooFzEi o�wa iii �p� rr ~ a<ao Z �wmp z�z"&d� J LJ 0 d� �d cn ia� a i i'i ln" Q� mm m _zLJ L- a Z O m m r 5azS I�'I' �iwc'omi JQ v oo I.I za �e`c' tlO 3wz z wo send U/ i� a nw, li!i Na ow}air d VFI N J N N W W s N o l i III x w x m lZ o z a III F w a O cn --- -- ---- _ -- p 8 _— -- --------r\ _ Q O U _ _ ----- -- wa izop Z) C) w ��a li I j �KVOyt€F Z II QaW N z z- �n a - z � y II�I3d�p IIII �` i I i Qu<i ypUj�O> �m zioso� X — / w�8UH W m vdwi3 owdor �mw � d soo- IIIIIIII I d oN o I I ' pzoog z avmwiam I Z' W mw 3 l Q Cn mai' omw ? ty < = n i i io� Li m w p Q P m iT °o�Ws �z � h a i zd o _ m mr- 1 n mlx a z W h a 3 0 F. U I �- m z opo - b,Q L w a Kct Y J W v W Q II aIN m, d a dam 1111111 iII F s Nom w owa O F'^ d r¢ �> oNo O �'.� j a o>z 7 z " z g it am !' z o Ono m a e u r i., �"' w a o aoww Z o o z F m d -� ¢ z a aIIII"e '= a s z _______ __ �_ _ _+-I III ___ - a Qoili 1' lo`z w cal h1 L3 aw wmD ❑ no;c �'zm ow a aw j O ---------------------------------------------------_ ---------------------------------------------------------�--� ' � Y _-- -�.. f ...-- _ NOJSONW_ - p -------- 0 ----- - EXHIBIT C1 - SECTIONS (COMMERCIAL MIXED USE DEVELOPMENT) �A 77 A o In cd C6 i QWO a yypEog j i iw W I m a fit a ------------------------ I Z d CC Q0' �� J �Wo i I iil W�a co LU Z I � lz i Z w 1 Q v :3 I U LL z I i (I� LU O i ! I f 0.0j II I Wm i I N r li i. '.............. . zz pip t m <g • r ,� Q W. U) I I �. •W m I W . l r ♦ 1 7 I Ij Q W Lo1:T 1 III a w ♦;•♦•♦•.•.•.•,•s'�_,�,�.�.�_-_T-.�z�:-:2:�- :`r I jjj' I III yCL �S o � 1_� '-i L-• ice_ _ _ _ - � �-i'- :- i ♦ I , cc Q 3 i� �----� _ ______ ________________________________ --------------------------- CIVOU NOISONIAI-I _------ -------------------------------------------- EXHIBIT C2 - PRESERVE AREA WITHIN MPI D 0 c r5 L aw rV � Lo i 4/ L rrr� r. i L EXHIBIT C3 ARCHITECTURAL CONCEPTUAL DRAWING (COMMERCIAL MIXED USE DEVELOPMENT) L m 0 i iia SlE of 17 A EXHIBIT D FOR BRADFORD SQUARE MPUD LEGAL DESCRIPTION COMMENCE AT THE SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID SECTION 31, NORTH 02°06'26" WEST, A DISTANCE OF 186.64 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED THE SAME BEING A POINT ON THE NORTH LINE OF THE LANDS RECORDED IN OFFICIAL RECORDS BOOK 3022, PAGE 1128, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE ALONG SAID WEST LINE AND THE EAST LINE OF LIVINGSTON ROAD, NORTH 02°06'26" WEST, A DISTANCE OF 480.59 FEET TO A POINT ON THE SOUTH LINE OF THE LANDS RECORDED IN OFFICIAL RECORDS BOOK 2632, PAGE 1892, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID SOUTH LINE, SOUTH 89°56'05" EAST, A DISTANCE OF 825.95 FEET TO A POINT ON THE WEST LINE OF THE LANDS RECORDED IN OFFICIAL RECORDS BOOK 3620, PAGE 1412, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID WEST LINE, SOUTH 02°08'15" EAST, A DISTANCE OF 507.23 FEET TO A POINT ON THE NORTH LINE OF THE ORDER OF TAKING AS DESCRIBED IN OFFICIAL RECORDS BOOK 3599 PAGE, 121, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LANDS FOR THE FOLLOWING THREE (3) CALLS: 1) NORTH 89°55'46" WEST, A DISTANCE OF 113.58 FEET; 2) THENCE NORTH 00°04'14" EAST, A DISTANCE OF 26.50 FEET; 3) THENCE NORTH 89°55'46" WEST, A DISTANCE OF 140.68 FEET TO THE NORTHEAST CORNER OF THE LANDS RECORDED IN OFFICIAL RECORDS BOOK 3022, PAGE 1128, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID LANDS FOR THE FOLLOWING TWO (2) CALLS: 1) NORTH 89°55'46" WEST, A DISTANCE OF 564.79 FEET; 2) THENCE NORTH 89°40'20" WEST, A DISTANCE OF 8.19 FEET TO THE POINT OF BEGINNING. CONTAINING 9.18 ACRES, MORE OR LESS. PL2013-0266, Bradford Square MPUD Page 11 of 15 Rev4 10-16-2013 Co � 17A EXHIBIT E FOR BRADFORD SQUARE MPUD LIST OF REQUESTED DEVIATIONS 1. Deviation 1 seeks relief from LDC Subsection 5.03.02 E 2 and 3 which requires a wall between commercial and residential uses to allow no wall along the north and east property lines that are adjacent to residential development. The buffer areas shown on the MPUD Master Plan are presumed to provide sufficient screening and buffering and shall provide the same level of screening as to the LDC requirements after exotic removal. 2. Deviation 2 seeks relief from LDC Section 5.05.04.D.1 which establishes a maximum FAR of 0.45 for group housing to permit a maximum FAR of 0.5. PL2013-0266, Bradford Square MPUD • Page 12 of 15 Rev4 10-16-2013 EXHIBIT F FOR BRADFORD SQUARE MPUD LIST OF DEVELOPER COMMITMENTS 1. TRANSPORTATION iia A. Payment in lieu of construction of sidewalks and bike lanes for Vanderbilt Beach Road frontage shall be required. The amount shall be determined utilizing FDOT's 2004 Transportation Cost Manual estimates, as amended. Payment shall be required within 30 days of the zoning approval by the Board of County Commissioners. B. Payment in lieu of construction in the amount of $25,000 for a bus shelter shall be required prior to the first CO for the commercial mixed-use development option. No payment or obligation to construct a shelter is required for the senior housing development option. 2. ENVIRONMENTAL A. The MPUD shall be required to preserve 15% of native vegetation, 8.33± acres of native vegetation exists on-site requiring a minimum preservation of 1.25± acres (8.33 x .15 = 1.25) of native vegetation to be retained. The preservation plans shall meet or exceed the requirements of the LDC. B. Exhibit C -Commercial Mixed Use Master Plan, identifies a preserve area requirement greater than the minimum required 1.25 acres for the PUD. Exhibit C was previously approved and is not being amended as part of the 2013 PUD amendment. Development of a commercial mixed use project will be in compliance with the preserve requirements as shown on Exhibit C. >1fl,11 l The conceptual plan in Exhibit C depicts a single commercial building; however, multiple buildings may be constructed consistent with use, intensity and development standards contained in this PUD. 4. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Everbank, 1185 Immokalee Road, Naples, Florida 34110. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County PL2013-0266, Bradford Square MPUD Page 13 of 15 Rev4 10-16-2013 G�' 17A Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. 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