Ordinance 2012-21U
ORDINANCE NO. 12 - 21 — Y--,
�--
S
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERk,T7j
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 200
AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CO-PE--'
WHICH ESTABLISHED THE COMPREHENSIVE ZONI
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIfi
.�-
COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM THE NEIGHBORHOOD COMMERCIAL SUBDISTRICT OF THE
BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT OF THE
COMMERCIAL CONVENIENCE ZONING DISTRICT (C- 2- BMUD -NC)
AND THE NEIGHBORHOOD COMMERCIAL SUBDISTRICT OF THE
BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT OF THE
GENERAL COMMERCIAL ZONING DISTRICT (C- 4- BMUD -NC) AND
THE NEIGHBORHOOD COMMERCIAL SUBDISTRICT OF THE
BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT OF THE
MOBILE HOME ZONING DISTRICT TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO
BE KNOWN AS THE CULTURAL ARTS VILLAGE AT BAYSHORE
MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 40
RESIDENTIAL DWELLING UNITS AND UP TO 48,575 SQUARE FEET
OF COMMERCIAL LAND USES, UP TO 84,000 SQUARE FEET OF
PARKING GARAGE AND A 350 SEAT THEATRE IN SECTION 14,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA CONSISTING OF 17.89 + /- ACRES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Collier County Community Redevelopment Agency, represented by Banks
Engineering and Pizzuti Solutions LLC, petitioned the Board of County Commissioners to change
the zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 14,
Township 50 South, Range 25 East, Collier County, Florida, is changed from the Neighborhood
Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Commercial
Convenience Zoning District (C- 2- BMUD -NC) and the Neighborhood Commercial Subdistrict of
Cultural Arts Village / PUDZ- PL2010 -592
Revised 5/07/12 Page 1 of
the Bayshore Drive Mixed Use Overlay District of the General Commercial Zoning District (C -4-
BMUD-NC) and the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use
Overlay District of the Mobile Home Zoning District to a Mixed Use Planned Unit Development
(MPUD), to allow construction of a maximum of 40 residential dwelling units and up to 48,575
square feet of commercial land uses, up to 84,000 square feet of parking garage and a 350 seat
theatre in accordance with Exhibits A through F, attached hereto and incorporated by reference
herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as
amended, the Collier County Land Development Code, is /are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super- majority vote by the Board of County
Commissioners of Collier County, Florida, this 1Zday of , 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
By: •
t,
Appro�e, a� tb` fob i
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Y:
Clerk FRED W. COYLE, ChaiiWan
and lega !fil ilf�Igic
-7
Heidi Ashton -Cicko
Managing Assistant County Attorney
Attachments: Exhibit A — Permitted Uses
Exhibit B — Development Standards
Exhibit C — Master Plan
Exhibit D — Legal Description
Exhibit E — List of Requested Deviations
Exhibit F — List of Developer Commitments
CP\ 10 -CPS - 01023 \58
Cultural Arts Village / PUDZ- PL2010 -592
Revised 5/07/12 Page 2 of 2
This ordinance filed with the
ITTV of -,�f -kll the
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and acknowtedgenne t at
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EXHIBIT A
FOR
CULTURAL ARTS VILLAGE AT BAYSHORE MPUD
PERMITTED USES
The Cultural Arts Village at Bayshore MPUD (Mixed Use Planned Unit Development)
will be developed as a mixed use project within the Bayshore /Gateway Triangle
Redevelopment Overlay comprised of a maximum of 40 residential units, 48,575 square
feet of gross floor area Commercial uses (including retail, office and medical office) and
a 350 -fixed seat Performance Theatre and ancillary uses.
No building or structure, or part thereof, shall be erected, altered or used, or land used,
in whole or in part, for other than the following:
A. Tracts A, C, D, E, F & G Principal Uses:
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1
ACCOUNTING SERVICES (8721)
X
X
2
ADVERTISING AGENCIES (7311)
X
X
AMUSEMENTS AND RECREATION SERVICES (7999- BOAT
RENTAL, MINIATURE GOLF COURSE, BICYCLE AND MOPED
RENTAL, RENTAL OF BEACH CHAIRS AND ACCESSORIES, CANOE
X
X
X
X
X
X
RENTAL, DAY CAMP, EXHIBITION OPERATION, EXPOSITION
OPERATION, JUDO INSTRUCTION, KARATE INSTRUCTION, YOGA
3
INSTRUCTION
APPAREL & ACCESSORY STORES (5611 -5699) WITH 5,000
SQUARE FEET OR LESS OF GROSS FLOOR AREA IN THE PRINCIPAL
X
X
4
STRUCTURE
ARTIST STUDIOS: PAINTING, DRAWING, GRAPHICS, FINE WOOD
WORKING, MIXED MEDIA, FIBER ART (WEAVING), GLASS,
CUSTOM JEWELRY, CLAY (CERAMICS /POTTERY), SCULPTURE,
X
X
X
PHOTOGRAPHY, DANCE, DRAMA, AND MUSIC (3269) (7335)
5
(7336) (7929)
ARCHITECTURAL, ENGINEERING, SURVEYING SERVICES (0781,
X
X
6
8711 -8713)
7
ATTORNEY OFFICES & LEGAL SERVICES (8111)
X
X
AUTOMOBILE PARKING, AUTOMOBILE PARKING GARAGES AND
PARKING STRUCTURES (7521); LIMITED TO 84,000 SQUARE FEET
OR LESS OF GROSS FLOOR AREA IN THE PARKING GARAGE OR
X
X
PARKING STRUCTURE. THIS USE DOES NOT INCLUDE TOW -IN
8
PARKING LOTS OR STORAGE
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PERMITTED PRINCIPAL USES:
9
BANKS, CREDIT UNIONS AND TRUSTS (6011 -6099)
X
X
10
BARBER SHOPS OR COLLEGES (7241)
X
X
11
BEAUTY SHOPS OR SCHOOLS (7231)
X
X
12
BED & BREAKFAST FACILITIES (7011)
X
X
13
BUSINESS SERVICES (7389)
X
X
14
CHILD DAY CARE SERVICES (8351)
X
X
CHURCHES (8661); CHURCH USES ARE LIMITED TO
PERFORMING ARTS CENTER AND ADJOINING AMPHITHEATRE
X
15
AND LAWN
CIVIC AND CULTURAL FACILITIES; LIMITED TO LESS THAN
X
X
X
16
5,000 SQUARE FEET
CIVIC, SOCIAL AND FRATERNAL ASSOCIATIONS (8641);
X
X
17
LIMITED TO LESS THAN 5,000 SQUARE FEET
18
COMMERCIAL ART AND GRAPHIC DESIGN (7336)
X
X
19
COMMERCIAL PHOTOGRAPHY (7335)
X
X
COMPUTER AND COMPUTER SOFTWARE STORES (5734);
X
X
20
LIMITED TO LESS THAN 5,000 SQUARE FEET
COMPUTER PROGRAMMING, DATA PROCESSING AND OTHER
X
X
21
SERVICES (7371 -7379)
22
DANCE STUDIOS, SCHOOLS AND HALLS (7911)
X
X
X
DRINKING PLACES (5813), RESTAURANTS, HOTELS AND
PRIVATE CLUB, GOLF CLUB, COUNTRY CLUB, OR CIVIC OR
X
X
FRATERNAL CLUB, PURSUANT TO SECTION 5.05.01.A.7.;
23
BOTTLE CLUBS SHALL NOT BE PERMITTED.
DRUG STORES (5912); LIMITED TO LESS THAN 6,000 SQUARE
X
X
24
FEET
EATING ESTABLISHMENTS AND PLACES (5812) EXCEPT
CONTRACT FEEDING, DINNER THEATERS, DRIVE -IN
X
X
X
RESTAURANTS, FOOD SERVICES (INSTITUTIONAL), INDUSTRIAL
25
FEEDING; LIMITED TO LESS THAN 6,000 SQUARE FEET
26
EDUCATION SERVICES (8211 -8222)
X
X
X
27
ESSENTIAL SERVICES
X
X
28
FOOD STORES (5411, 5421 -5499)
X
X
29 1
GENERAL MERCHANDISE STORES (5311 -5399)
X
X
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PERMITTED PRINCIPAL USES:
GROUP CARE FACILITIES (CATEGORY I AND 11), CARE UNITS,
NURSING HOMES; ASSISTED LIVING FACILITIES PURSUANT TO
F.S. 400.402 AND CH. 58A -5 F.A.C.; AND CONTINUING CARE
RETIREMENT COMMUNITIES PURSUANT TO F.S. 651 AND CH.
X
X
4 -193 F.A.C.; ALL SUBJECT TO SECTION 5.05.04); OFFENDER
HALFWAY HOUSING AND HOMELESS SHELTERS SHALL NOT BE
30
PERMITTED,
HARDWARE STORES (5251); LIMITED TO LESS THAN 1,800
X
X
31
SQUARE FEET
32
HEALTH SERVICES, OFFICES AND CLINICS (8011 -8049, 8082)
X
X
HOME FURNITURE, FURNISHINGS, EQUIPMENT STORE (5712-
X
X
33
5719); LIMITED TO LESS THAN 5,000 SQUARE FEET
34
HOTELS AND MOTELS, EXCEPT HOSTELS
X
X
HOUSEHOLD APPLIANCE STORES (5722); LIMITED TO LESS
X
X
35
THAN 5,000 SQUARE FEET
36
LEGAL SERVICES (8111)
X
X
37
LIBRARIES (8231) EXCEPT REGIONAL LIBRARIES
X
X
38
MANAGEMENT SERVICES (8711 -8748)
X
X
39
MEMBERSHIP ORGANIZATIONS (8699)
X
X
MISCELLANEOUS REPAIR SERVICE (7622, 7629, 7631, 7699)
EXCEPT AIRCRAFT, ENGINE, BUSINESS AND OFFICE MACHINES,
X
X
LARGE APPLIANCES, AND WHITE GOODS SUCH AS
40
REFRIGERATORS, AND WASHING MACHINES.
MISCELLANEOUS RETAIL SERVICES (5932 -5949, 5992 - 5999);
LIMITED TO LESS THAN 5,000 SQUARE FEET, ADULT ORIENTED
X
X
X
SALES AND RENTALS, TATTOO PARLORS AND PAWN SHOPS
41
SHALL NOT BE PERMITTED.
42
MIXED RESIDENTIAL AND COMMERCIAL USES
X
X
X
43
MORTGAGE BANKERS AND LOAN CORRESPONDENTS (6162)
X
X
44
MOTION PICTURE THEATRE (7832)
X
X
45
MULTI - FAMILY DWELLINGS
X
X
X
46
MUSEUMS AND ART GALLERIES (8412)
X
X
X
47
MUSICAL INSTRUMENT STORES (5736)
X
X
48
PAINT STORES (5231)
X
X
49
PARKS, PUBLIC OR PRIVATE
X
X
X
X
X
X
50
PERFORMING ARTS THEATER (7922) 350 SEATS
X
X
51
PERSONAL CREDIT INSTITUTIONS (6141)
X
X
PERSONAL SERVICES (7299); LIMITED TO LESS THAN 5,000
X
X
52
SQUARE FEET; TATTOO PARLORS SHALL NOT BE PERMITTED.
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53
PHOTOCOPYING AND DUPLICATING SERVICES (7334)
X
X
54
PHOTOGRAPHIC STUDIOS (7221) INCLUDING PORTRAIT
X
X
55
PHYSICAL FITNESS FACILITIES (7991)
X
X
X
X
X
X
PROFESSIONAL OFFICES (6712 -6799, 6411 -6399, 6531, 6541,
X
X
56
6552, 6553, 8111)
PUBLIC ADMINISTRATION (9111 -9199, 9224, 9229, 9311,
9411 -9451, 9511 -9532, 9611 - 9661); LIMITED TO LESS THAN
X
X
57
5,000 SQUARE FEET
RECORD AND PRERECORDED TAPE STORES (5735) WITH 5,000
SQUARE FEET OR LESS OF GROSS FLOOR AREA IN THE
X
X
PRINCIPAL STRUCTURE; ADULT ORIENTED SALES AND
58
RENTALS SHALL NOT BE PERMITTED.
REPAIR SHOPS AND RELATED SERVICES, NOT ELSEWHERE
X
X
59
CLASSIFIED (7699) EXCEPT ENGINE REPAIR.
60
RESIDENTIAL USES
X
X
61
RETAIL SERVICES - MISCELLANEOUS (5912, 5942 -5961)
X
X
SCHOOLS AND EDUCATION SERVICES, ART, CERAMIC, DRAMA,
X
X
X
62
MUSIC (8299)
SECURITY BROKERS, DEALERS, EXCHANGES, SERVICES (6211-
X
X
63
6289)
64
SHOE REPAIR SHOPS OR SHOESHINE PARLORS (7251)
X
X
65
SINGLE - FAMILY DWELLINGS
X
X
66
TAX RETURN PREPARATION SERVICES (7291)
X
X
THEATRICAL PRODUCERS AND MISCELLANEOUS THEATRICAL
SERVICES, INDOOR (7922 -7929, INCLUDING BANDS,
X
X
67
ORCHESTRAS AND ENTERTAINERS; EXCEPT MOTION PICTURE)
68
TOWNHOUSES
X
X
X
TRAVEL AGENCIES (4724, NO OTHER TRANSPORTATION
X
X
69
SERVICES)
70
TWO- FAMILY DWELLING UNIT
X
X
X
UNITED STATES POSTAL SERVICE (4311) EXCLUDES MAJOR
X
X
71
DISTRIBUTION CENTER
VETERINARIAN'S OFFICE (0742) EXCLUDES OUTDOOR
72
KENNELING
X
X
VIDEOTAPE RENTAL (7841); ADULT ORIENTED SALES AND
X
X
73
RENTALS SHALL NOT BE PERMITTED.
74
VOCATIONAL SCHOOLS, COMMERCIAL ART SCHOOLS (8249)
X
X
X
WALLPAPER STORES (5231); LIMITED TO LESS THAN 5,000
X
X
75
SQUARE FEET
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Cultural Arts Village at Bayshore PUD
B. Tracts A, C, D, E, F & G Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
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PERMITTED PRINCIPAL USES:
ANY OTHER INTERMEDIATE COMMERCIAL USE WHICH IS
`-
PERMITTED ACCESSORY USES:
COMPARABLE IN NATURE WITH THE FOREGOING LIST OF
x
X
X
:E
76
PERMITTED USES.
x
X
x
x
X
x
B. Tracts A, C, D, E, F & G Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
C. Preserve Tract "B"
Permitted Principal Uses:
1. Parks, passive recreational areas.
2. Native preserves and wildlife sanctuaries.
Permitted Accessory Uses:
1. Biking, hiking, and nature trails, and boardwalks as long as any clearing
required to facilitate these uses does not impact the minimum required
vegetation.
2. Water management structures.
D. Interim Uses for all Tracts (Excluding Tract "B "):
1. Community events such as, but not limited to, festivals.
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TABLE OF PERMITTED USES (cont'd)
`-
PERMITTED ACCESSORY USES:
OUTSIDE STORAGE OR DISPLAY OF MERCHANDISE WHEN
SPECIFICALLY PERMITTED FOR A USE, OTHERWISE PROHIBITED,
x
X
x
x
X
x
1
SUBJECT TO SECTION 4.02.12.
2
PLAY AREAS AND PLAYGROUNDS
x
x
x
x
x
X
C. Preserve Tract "B"
Permitted Principal Uses:
1. Parks, passive recreational areas.
2. Native preserves and wildlife sanctuaries.
Permitted Accessory Uses:
1. Biking, hiking, and nature trails, and boardwalks as long as any clearing
required to facilitate these uses does not impact the minimum required
vegetation.
2. Water management structures.
D. Interim Uses for all Tracts (Excluding Tract "B "):
1. Community events such as, but not limited to, festivals.
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Cultural Arts Village at Bayshore PUD
Proposed Mixed Use Planned Unit Development Uses:
USE
ACRES
% of Site
TRACT "A"
RESIDENTIAL UNITS: 40
COMMERCIAL: 35,000 SF
PERFORMING ARTS THEATRE: 350 SEATS
7.72
43%
CLASSROOMS /STUDIOS: 925 SF
ADMINISTRATIVE OFFICES: 1,650 SF
PARKING GARAGE: 84,000 SF
TRACT B
0.56
3%
REQUIRED NATIVE VEGETATION PRESERVE
TRACT "C"
COMMERCIAL /COMMUNITY BUILDING: 11,000
1.18
7%
SF
TRACT "D"
COMMUNITY PAVILION, RECREATION,
0.87
5%
COMMUNITY OR PUBLIC USE, PEDESTRIAN
ACCESSWAYS /BOARDWALK
TRACT "E"
RECREATION, COMMUNITY OR PUBLIC USE,
1.68
9%
PEDESTRIAN ACCESSWAYS /BOARDWALK
TRACT "F"
RECREATION, COMMUNITY OR PUBLIC USE,
2.82
16%
OPEN SPACE
TRACT "G"
RECREATION, COMMUNITY OR PUBLIC USE,
3.06
17%
OPEN SPACE
TOTAL
17.89 1
100%
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Cultural Arts Village at Bayshore PUD
EXHIBIT B
FOR
CULTURAL ARTS VILLAGE AT BAYSHORE MPUD
DEVELOPMENT STANDARDS
Table 1 below sets forth the development standards for land uses within the Mixed Use
PUD. Standards not specifically set forth herein shall be those specified in applicable
sections of the Collier County Land Development Code (LDC) in effect as of the date of
approval of the Site Development Plan or Subdivision plat.
GENERAL: Except as provided for herein, all criteria set forth above shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures. Condominium, and /or homeowners' association boundaries shall not be
utilized for determining development Standards.
TABLE 1
MPUD DEVELOPMENT STANDARDS
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Cultural Arts Village at Bayshore PUD
PRINCIPAL USES
ACCESSORY USES
MINIMUM LOT AREA
N/A
MINIMUM LOT WIDTH
N/A
MINIMUM YARDS external
From Ba shore Drive
10 feet
SPS
From North Property Line
15 feet
SPS
From South Property Line
15 feet
SPS
From East Property Line Tract
15 feet
SPS
,$Cr.
MINIMUM YARDS internal
SPS
Internal Drives /ROW /Property
5 feet
SPS
lines
Internal Lake (1)
20 feet / 0 feet when
utilizing a bulkhead (see
0 feet (see deviation 4)
deviation 4
Rear
20 feet
10 feet
Side
5 feet
SPS
MINIMUM DISTANCE
1 -story to 1 -story: 12'
SPS
BETWEEN STRUCTURES
1 -story to 2 -story: 13.5'
2 -story to 2 -story: 15'
2 -story to 3 -story: 17.5'
3 -story to 3 -story: 20'
3 -story to 4 -story: 20'
4-story to 4-story: 20'
Principal /Accessory setbacks
25'
10'
to preserve Tract "B"
Page 7 of 20
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Cultural Arts Village at Bayshore PUD
(1) Lake setbacks are measured from the control elevation established for the lake.
Lake setbacks can be reduced from 10 feet to 0 feet subject to the requirements of
Section 4.02.05 of the LDC.
Note: "SPS" refers to `same as principal' structure.
Building Standards
Building Design
1. Building facades facing the
intersecting east -west streets with
Bayshore Drive shall have the same
architectural design treatment as
the building fagade facing Bayshore
Drive.
2. Buildings containing commercial
and residential uses are required to
have a minimum depth of 35 feet.
The remaining depth of the lot may
be used for parking.
Maximum square footage
A building with commercial use only is
limited to a maximum gross building foot
rint of 20,000 square feet.
Minimum floor area
700 square foot gross floor area for each
unit, residential or commercial
Maximum Height
Commercial Use Only: Maximum Height of Buildings
Zoned: 42.0 feet, not to exceed 3 stories (consistent with current Land Development
Code)
Actual: 56.0 feet, not to exceed 3 stories (consistent with current Land Development
Code
Residential Use Only: Maximum Height of Buildings
Zoned: 42.0 feet, not to exceed 3 stories (consistent with current Land Development
Code)
Actual: 56.0 feet, not to exceed 3 stories (consistent with current Land Development
Code
Mixed Use: Residential on top of Commercial Uses
Zoned: 56.0 feet, not to exceed 4 stories. Only the first two floors shall be used for
commercial uses. (consistent with current Land Development Code)
Actual: 72.0 feet, not to exceed 4 stories. Only the first two floors shall be used for
commercial uses. consistent with current Land Development Code
Ceiling Height: The first floor commercial ceiling shall be no less than 12 feet in height
from the finished floor to the finished ceiling and no more than 18 feet in height from the
finished floor to the finished ceiling, with the exception of a theater use see Deviation 6
Maximum Residential Densi : 40 dwelling units
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Cultural Arts Village at Bayshore PUD
GENERAL:
Remaining Design Standards shall be in accordance with the Design Standards for
Development in the Bayshore MPUD Neighborhood Commercial Subdistrict, LDC
Section 4.02.16.13, C, D, E, F, G, H and I, with the exception of requested deviations.
Cross - access easements or shared parking commitments shall be required if separately
owned tracts are established, so that all parking facilities serve as common facilities to
both commercial and residential development.
Project phasing — It is understood that the development is likely to be realized over a
number of phases, the first of which will be determined at the time of Site Development
Plan submission.
Page 9 of 20
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EXHIBIT C
(ADDITIONAL NOTES)
CULTURAL ARTS VILLAGE AT BAYSHORE MPUD
MASTER PLAN
A. Exhibit "C," MPUD Master Plan, illustrates the proposed Development and
is conceptual in nature. Proposed area, lot or land use boundaries, or
special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as final platting or SDP
approval. Subject to the provisions and applicable sections of the LDC
and the Growth Management Plan (GMP), in effect at that time,
amendments may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be
granted to ensure the continued operation and maintenance of all service
utilities and all common areas in the project.
Page 15 of 20
Revision Date: May 7, 2012 PUDZ- PL2010 -592
Cultural Arts Village at Bayshore PUD
EXHIBIT D
FOR
CULTURAL ARTS VILLAGE AT BAYSHORE MPUD
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
THE WEST 425 FEET OF LOT 109, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No.
2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 27A, LESS
THE EAST 200 FEET AND THE WEST 25 FEET THEREOF, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
PARCEL 2
THE EAST 200 FEET OF THE WEST 425 FEET OF LOT 109, NAPLES GROVE AND TRUCK
CO'S LITTLE FARMS No. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 1, PAGE 27A, PUBLIC RECORDS OF COLLER COUNTY, FLORIDA. TOGETHER
WITH AN INGRESS AND EGRESS EASEMENT ACROSS THE NORTH 30 FEET OF THE
EAST 200 FEET OF THE WEST 225 FEET OF LOT 109, NAPLES GROVE AND TRUCK CO'S
LITTLE FARMS No.2
PARCEL 3
ALL OF LOT 108, LESS AND EXCEPTING THE NORTH 273.44 FEET OF THE WEST 425
FEET AND THE KELLY ROAD RIGHT -OF -WAY, NAPLES GROVE AND TRUCK CO'S LITTLE
FARMS No. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE
27A, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
TOGETHER WITH:
ALL OF LOT 109, LESS AND EXCEPTING THE WEST 425 FEET AND THE KELLY ROAD
RIGHT -OF -WAY, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No. 2, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 27A, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
AND
PARCEL A, LAKESIDE MOBILE ESTATES, IN ACCORDANCE WITH AND SUBJECT TO THE
PLAT RECORDED IN PLAT BOOK 9, PAGE 99, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
Page 16 of 20
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Cultural Arts Village at Bayshore PUD
EXHIBIT E
FOR
CULTURAL ARTS VILLAGE AT BAYSHORE MPUD
LIST OF REQUESTED DEVIATIONS FROM LDC
Deviation #1 seeks relief from LDC Section 4.02.16.F.2. which states, "Buffers are
required between mixed use PUDs, BMUD -NC and BMUD -W Subdistricts that abut
residential property. A minimum 10 -foot wide landscaped area shall be required. This
area shall include: a six -foot high opaque masonry wall; a row of trees spaced no more
than 25 feet on center; and a single row of shrubs at least 24 inches in height, and 3 feet
on center at the time of planting. Landscaping shall be on the commercial side of the
wall." The alternative proposed is a 10 -foot wide alternative "A" buffer on Tract "A" and
on Tract "C" adjacent to the MH- BMUD -NC zoned portion of the vacant property which
abuts the internal loop road, as shown on Exhibit "C" page 2 of 6.
2. Deviation #2 seeks relief from LDC Section 4.02.16.F.2. which states, "Buffers are
required between mixed use PUDs, BMUD -NC and BMUD -W Subdistricts that abut
residential property. A minimum 10 -foot wide landscaped area shall be required. This
area shall include: a six -foot high opaque masonry wall; a row of trees spaced no more
than 25 feet on center; and a single row of shrubs at least 24 inches in height, and 3 feet
on center at the time of planting. Landscaping shall be on the commercial side of the
wall." The alternative proposal will allow no buffer along the northern property line
(portion of Tract "F ") and southern property line (Tract "G ") that is located within and
adjacent to the lake for the area as depicted on Exhibit "C" "MPUD Conceptual Master
Site Plan" and Exhibit "C" page 2 of 6.
3. Deviation #3 seeks relief from LDC Section 4.02.16.F.3 which states, "A shared 10 foot
wide landscape buffer with each adjacent property contributing a minimum of 5 feet is
required between BMUD -NC and BMUD -W Subdistricts abutting commercial zoned
districts or abutting BMUD -NC or BMUD -W Subdistricts. However, the equivalent buffer
area square footage may be provided in the form of landscaped and hardscaped
courtyards, mini - plazas, outdoor eating areas, and building foundation planting areas."
The alternative will allow a 10 -foot wide alternative "A" buffer on Tract "A" adjacent to the
commercial parcel to the north and on Tracts "A" and "C" adjacent to the C- 2- BMUD -NC
zoned portion of the vacant property as shown on "Exhibit "C" page 2 of 6.
4. Deviation #4 seeks relief from LDC Section 4.02.16.A, Table 11 "Design Standards for
the BMUD Neighborhood Commercial Subdistrict" which requires a waterfront setback of
25 feet, to allow a minimum waterfront setback of 20 feet (0 feet with bulkhead) as
shown on Exhibit "C" page 2 of 6. Lake setbacks are measured from the control
elevation established for the lake. Furthermore, lake setbacks can be reduced from 20
feet to 0 feet when utilizing a bulkhead, subject to the requirements of Section 4.02.05 of
the LDC.
Page 17 of 20
Revision Date: May 7, 2012 PUDZ- PL2010 -592
Cultural Arts Village at Bayshore PUD
5. Deviation #5 seeks relief from LDC Section 4.02.16.F.2. which states, "Buffers are
required between mixed use PUDs, BMUD -NC and BMUD -W Subdistricts that abut
residential property. A minimum 10 -foot wide landscaped area shall be required. This
area shall include: a six -foot high opaque masonry wall; a row of trees spaced no more
than 25 feet on center; and a single row of shrubs at least 24 inches in height, and 3 feet
on center at the time of planting. Landscaping shall be on the commercial side of the
wall." The alternative will allow a minimum 10 -foot wide buffer with no wall, same
number of trees and shrubs; however instead of a single row of shrubs, shrubs shall be
planted in groupings along the lake edge and around the building foundation along the
northern edge of Tracts A and D.
6. Deviation #6 seeks relief from LDC Section 4.02.16.A, Table 11, Design Standards for
the BMUD Neighborhood Commercial Subdistrict, which requires that the first floor
ceiling shall be no less than 12 feet and no more than 18 feet in height from the finished
floor to the finished ceiling and shall be limited to commercial uses only. This proposed
deviation will remove the maximum height requirement to accommodate a theater use.
7. Deviation #7 seeks relief from LDC Section 4.02.03.A. Table 3, number 3 which requires
a minimum building separation for multi -story parking structures of "1 foot of accessory
height = 1 foot of building separation." The alternative is a 0' building separation to allow
for a commercial building to abut or attach to a parking structure.
Page 18 of 20
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Cultural Arts Village at Bayshore PUD
EXHIBIT F
FOR
CULTURAL ARTS VILLAGE AT BAYSHORE MPUD
LIST OF DEVELOPER COMMITMENTS
ENVIRONMENTAL
A. A minimum of 0.55 acres of preserve area are required for this MPUD (2.2
acres existing native vegetation x 0.25 = 0.55).
2. PLANNING
A. Building permits shall not be issued for more than 20,000 square feet of
commercial floor area prior to issuance of Certificates of Occupancy
(C.O.) for a minimum of 20 dwelling units. An exception to this limitation is
that building permits may be issued for up to 30,000 square feet of
commercial gross floor area if building permits are concurrently issued for
all 40 dwelling units and the C.O.s for all 40 dwelling units are issued prior
to or concurrent with the C.O.s for no greater than 30,000 square feet of
commercial floor area.
B. All internal access ways, drive aisles and roadways, not located within
County right -of -way shall be privately maintained by an entity created by
the developer, its successor in title, or assigns. All internal roads,
driveways, alleys, pathways, sidewalks and interconnections to adjacent
developments shall be operated and maintained by an entity created by
the developer and Collier County shall have no responsibility for
maintenance of any such facilities. The proposed main loop road shown
on Exhibit "C may be public or private.
3. MANAGING ENTITY
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 Collier County
Community Redevelopment Agency. Should the Managing Entity desire to
transfer the monitoring and commitments to a successor entity, then it
must provide a copy of a legally binding document that needs to be
approved for legal sufficiency by the County Attorney. After such approval,
the Managing Entity will be released of its obligations upon written
approval of the transfer by County staff, and the successor entity shall
become the Managing Entity. As Owner and Developer sell off tracts, the
Managing Entity shall provide written notice to County that includes an
acknowledgement of the commitments required by the PUD by the new
Page 19 of 20
Revision Date: May 7, 2012 PUDZ- PL2010 -592
Cultural Arts Village at Bayshore PUD
0
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 are closed -out, then
the Managing Entity is no longer responsible for the monitoring and
fulfillment of PUD commitments.
4. ADDITIONAL CONDITIONS
A. A temporary use permit must be obtained for festivals and outdoor musical
events.
B. Boardwalk lighting shall be low intensity, no higher than the railing and
shall be directed to the walk.
Page 20 of 20
Revision Date: May 7, 2012 PUDZ- PL2010 -592
Cultural Arts Village at Bayshore PUD
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 2012 -21
which was adopted by the Board of County Commissioners
on the 12th day of June, 2012, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th
day of June, 2012.
DWIGHT E. BROCK .} e-_` fi'f T
Clerk of Courts.#id Clerk.'
Ex- officio to Bob -r o`f
County Commission �
t
s
By An john
Deputy Clerk