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Ordinance 2012-37ORDINANCE NO. 12- 37 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORI# AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDW, THE COLLIER COUNTY LAND DEVELOPMENT COM, WHICH ESTABLISHED THE COMPREHENSIVE ZONING-. REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING T -1 APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING] THE ZONING CLASSIFICATION OF THE HEREIN DESCRIS.E'6 REAL PROPERTY FROM AN AGRICULTURAL (A) ZONIi U DISTRICT WITH AN "ST" OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE BRYNWOOD CENTER CPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF 145,000 SQUARE FEET OF RETAIL AND OFFICE USES WHICH INCLUDE A MAXIMUM OF 25,000 SQUARE FEET OF RETAIL AND A MAXIMUM OF 60,000 SQUARE FEET OF MEDICAL OFFICE USES. ALSO PERMITTED ARE HOTEL AND MOTEL USES AT 20 UNITS PER ACRE AND GROUP HOUSING (ASSISTED LIVING FACILITY AND INDEPENDENT LIVING UNITS) AT A FLOOR AREA RATIO OF .60. FOR EACH ACRE OF GROUP HOUSING OR HOTEL OR MOTEL USE, 12,083 SQUARE FEET OF RETAIL OR OFFICE USE SHALL BE SUBTRACTED FROM THE TOTAL AMOUNT OF ALLOWABLE COMMERCIAL SQUARE FOOTAGE. THE PROJECT IS LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD, APPROXIMATELY 980 FEET EAST OF THE INTERSECTION OF LIVINGSTON ROAD AND PINE RIDGE ROAD IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 13.65 + /- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. ry n WHEREAS, Robert Duane, AICP, of Hole Montes, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing First Community Bank of Southwest Florida, 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: Brynwood Center CPUD/ Page 1 of 3 PUDZ -PL201 1 -406 Rev. 08/06/12 SECTION ONE: The zoning classification of the herein described real property located in Section 18, Township 48 South, Range 26 East, Collier County, Florida is changed from an Agricultural (A) Zoning District with an ST Overlay to a Commercial Planned Unit Development (CPUD) Zoning District for a project to be known as the Brynwood Center CPUD to allow construction of a maximum of 145,000 square feet of retail and office uses which include a maximum of 25,000 square feet of retail and a maximum of 60,000 square feet of medical office uses. Also permitted are hotel and motel uses at 20 units per acre and group housing (assisted living facility and independent living units) at a floor area ratio of .60. For each acre of group housing or hotel or motel use, 12,083 square feet of retail or office use shall be subtracted from the total amount of allowable commercial square footage in accordance with Exhibits "A" through "F", attached hereto and incorporated 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 of the Board of County Commissioners of Collier County, Florida, this asp day of e k-vi6t*-, 2012. ATTEST- DWIGHT E BI�d' ,CLERK B3VA- wt? Clerk Approved as to form and legal sufficiency: 4 eidi Ashton -Cicko Managing Assistant County Attorney Brynwood Center CPUD/ Page 2of 3 PUDZ- PL2011 -406 Rev. 08/06/12 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: w C .z' FRED W. COYLE, ChairnU This ordinance filers with the Se tary of State' Cffice the t� day of _ >_QC��, v�QiA�� and acknowledgement of that filing rec Wed �Q(1� day of , - Deputy clerk Attachments: Exhibit A — List of Permitted Uses Exhibit B —Development Standards Exhibit C -IA — Master Plan Exhibit C -1 B — Master Plan Exhibit C -2 — Enhanced Type "B" Landscape Buffer & Preserve Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit F — List of Developer Commitments CPA I-CPS-01 11 1 \87 Brynwood Center CPUD/ Page 3of 3 PUDZ- PL2011 -406 Rev. 08/06/12 EXHIBIT A LIST OF PERMITTED USES BRYNWOOD CENTER CPUD I. PERMITTED PRINCIPAL USES AND STRUCTURES 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. Commercial Uses 1. Accounting, Auditing and Bookkeeping Services (8721) 2. Apparel and Accessory Stores (5611)' 3. Architectural Services (8712) 4. Automobile and Home Supply Stores (5531)' 5. Automobile Service and repair shops general (7538)2 6. Banks, commercial: national (6021) 7. Banks, commercial: state (6022) 8. Banks, commercial: Not Federally Chartered (6029) 9. Banks, savings: Federal (6035) 10. Banks, savings: Not Federally Chartered (6036) 11. Barber Shops (7241)' 12. Beauty Shops (7231)' 13. Book Stores (5942)' 14. Business Consulting Services - not elsewhere classified (8748) 15. Camera Stores (5946)' 16. Carpet and Upholstery Cleaning (7217)' 17. Candy, Nut and Confectionery Stores (5441)' 18. Children's and Infants' Wear Stores (5641)' 19. Chiropractors Offices & Clinics (8041) 20. Commercial Economic, Sociological and Educational Research (8732) 21. Commercial Physical and Biological Research (8731) 22. Computer and Computer Software Stores (5734)' 23. Credit Unions, Federally Chartered (6061) 24. Credit Unions, State: Not Federally Chartered (6062) 25. Dairy Products Stores (5451) 26. Dental Laboratories (8072) 27. Dentist Offices & Clinics (8021) 28. Department Stores (5311)' 29. Doctors - Medicine Offices & Clinics (8011) 30. Doctors - Osteopathy Offices & Clinics (8031) 31. Doctors - Chiropractors Offices & Clinics (8041) 32. Drapery, Curtain and Upholstery Stores (5714)' Page 1 of 16 H:\2006\2006063 \WP\Rezone \Rezone 2011Tost CCPC\Brynwood Center PUDZ- PL- 2011 -0416 CPUD (08 -07 -2012 ).doc 33. Drug Stores and Propriety Stores (5912)' 34. Eating Places (5812)3 35. Engineering Services (8711) 36. Facilities Support Management Services (8744) 37. Family Clothing Stores (5651)' 38. Floor Covering Stores (5713)' 39. Florists (5992)' 40. Fruit and Vegetable Markets (5431)' 41. Funeral Service only (excluding Crematories) (7261)' 42. Furniture Stores (5712)' 43. Garment Pressing and Agents for Laundries and Drycleaners (7212)' 44. Gasoline Stations (5541)' 45. General Medical and Surgical Hospitals (8062) 46. General Merchandise Stores (groups) (5311)' 47. Grocery Stores (5411)' 48. Hardware Store (5251)' 49. Health and Allied Services - not elsewhere classified (8099) 50. Health practitioners Offices & Clinics - not elsewhere classified (8049) 51. Home Furniture, Furnishing and Equipment Stores (5712)' 52. Home health care services (8082) 53. Hotels and Motels (7011) 54. Household Appliance Stores (5722)' 55. Insurance Agents, Brokers and Service (6411) 56. Kidney Dialysis Centers (8092) 57. Legal Services (8111) 58. Management Consulting Services (8742) 59. Management Services (8741) 60. Meat and Fish (Seafood) Markets, including Freezer Provisioners (5421)' 61. Medical Laboratories (8071) 62. Men's and Boy's Clothing and Accessory Stores (5611)' 63. Miscellaneous Apparel and Accessory Stores (5699)' 64. Miscellaneous Food Stores (5499)' 65. Miscellaneous General Merchandise Stores (5399)' 66. Miscellaneous Homefurnishings Stores (5719)' 67. Miscellaneous personal services, not elsewhere classified excluding (7299) massage parlors, steam baths, tattoo parlors and Turkish baths 68. Miscellaneous Retail Stores - not elsewhere classified (5999)' 69. Musical Instrument Stores (5736)' 70. Noncommercial Research Organizations (8733) 71. Nursing and Personal Care Facilities - not elsewhere classified (8059) 72. Optical Goods Stores (5995)' 73. Optometrists - Offices & Clinics (8042) 74. Paint, Glass & Wallpaper Stores (5231)' 75. Photographic Studios, Portrait (7221) 76. Physical Fitness Facilities (7991) 77. Podiatrists - Offices & Clinics (8043) Page 2of16 H :\2006\2006063 \WP\Rezone\Rezone 201 ]\Post CCPC \Brynwood Center PUDZ- PL -2011 -0406 CPUD (08 -07 -2012 ).doc 78. Public Relations Services (8743) 79. Radio, Television and Consumer Electronics Stores (5731)' 80. Real Estate Agents and Managers (6531) 81. Record and Prerecorded Tape Stores (adult video rental or sales (5735)' prohibited) 82. Retail Bakeries (5461)' 83. Retail Nurseries, Lawn & Garden Supply Stores (5261)' 84. Shoe Repair Shops and Shoeshine Parlors (7251)' 85. Shoe Stores (5661)' 86. Specialty Hospitals, except psychiatric (8069) 87. Specialty Outpatient Facilities — not elsewhere classified (8069) 88. Sporting Goods Stores and Bicycle Shops (5941)' 89. Surveying Services (8713) 90. Tax Return Preparation Services (7291) 91. Testing Laboratories (8734) 92. Travel Agencies (4724) 93. Used Furniture Stores (5932)' 94. Variety Stores (5331)' 95. Veterinary Services for Animal Specialties with no outdoor kenneling (0742)' 96. Video Tape Rental, (adult video rental or sales prohibited) (7841)' 97. Women's Accessory and Specialty Stores (5632)' 98. Women's Clothing Stores (5621)' Footnotes: ' Prohibited within 400 feet of the south property line. 2 Prohibited within 600 feet of the south property line (see also Exhibit B, Section IV). 3 Prohibited within 400 feet of the south property line except as an accessory use to a hotel/motel (see also Exhibit B, Section V). No outdoor music, television or open windows shall be permitted other than for a pass - through for food service. 4 Allowed only on Pine Ridge Road frontage (see also Exhibit B, Section IV). B. Preserve areas. C. Any other commercial or professional use comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent of the district determined by the Board of Zoning Appeals, pursuant to the LDC. II. PERMITTED PRINCIPAL USES FOR GROUP HOUSING /RETIREMENT COMMUNITY USES THROUGHOUT THIS CPUD A. Group Housing 8051, Skilled Nursing, Intermediate Care Facilities 8052, Nursing and Personal Care not else classified 8059. B. Independent living units. Page 3 of 16 H :\2006\2006063 \WP \Rezone\Rezone 2011\Post CCPC\Brynwood Center PUDZ- PL- 2011 -0406 CPUD (08 -07 -2012 ).doc C. Assisted living units. D. Retirement community. E. See also Section 5.05.04.1), Group Housing of the LDC for use of terms including independent living units, assisted living units and retirement community, and standards for these housing types III. PERMITTED ACCESSORY USES AND STRUCTURES A. Uses and structures that are accessory and incidental to the permitted uses of the CPUD document. B. Eating places (Group 5812), only in conjunction with hotel/motel use if located within 400 feet of the south property line. C. Drinking places (Group 5813), only in conjunction with eating places or hotel/motel use. D. Exterior speakers for drive- through facilities such as a bank or fast food restaurant only outside the 400 -foot setback area from the south property line. E. Signs as permitted in the LDC. F. Stormwater Management Areas. G. Swimming pools and recreational facilities such as tennis courts for hotel/motel guests. H. Parking (7521) except tow -in parking lots. 1. Any other accessory and related use that is determined to be comparable in nature with the foregoing by the Board of Zoning Appeals, pursuant to the LDC. Page 4 of 16 H :\2006\2006063 \WP \Rczonc\Rezone 2011\Post CCPC\Brynwood Center PUDZ- PL- 2011 -0406 CPUD (08 -07 -2012 ).doc EXHIBIT B DEVELOPMENTSTANDARDS BRYNWOOD CENTER CPUD The table below sets forth the development standards for land uses within the Brynwood Center CPUD. 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. DEVELOPMENT STANDARDS FOR CPUD DISTRICT SPS = same as principal use setback. Footnotes: 1 No setback is required from the east property line provided a unified plan is approved with the Pine Ridge West PUD. 2 No sound speaker systems within 400 feet of the south property line. The only sound speaker systems permitted are for drive - through windows for banks or fast food restaurants. Some uses listed in Exhibit A are subject to additional setback restrictions from the south property line. 3 Measured from lake control elevation. 4 Not permitted within 400 feet from the south property line. Page 5of16 li:\2006\2006063 \WP\Rezone \Rezone 2011 \Post CCPC\Brynwood Center PUDZ- PL -2011 -0406 CPUD (08 -07 -2012 ).doc PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 sq. ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS External From Pine Ridge Road ROW 25 ft. SPS From Eastern Project Boundary 25 ft.' 15 ft. From Western Project Boundary 25 ft. 15 ft. From Southern Project Boundary 2 90 ft. (two stories) 120 ft. three stories) 25 ft. MINIMUM YARDS Internal Internal Drives from edge of driveway pavement) 15 ft. 10 ft. From Internal Tract Boundaries 15 ft. 10 ft. Lakes 20 ft.' 20 ft.' Preserves 25 ft. 10 ft. MIN. DISTANCE BETWEEN BUILDINGS %: the sum of zoned building heights 10 ft. MAXIMUM HEIGHT Either with or without parking in these structures ZONED I ACTUAL Retail Buildings two stories 35 ft. 45 ft. 25 ft. Office Buildings three stories 40 ft. 50 ft. 35 ft. Hotel and Motel three stories 40 ft. 50 ft. 35 ft. Hotel and Motel four stories) 4 50 ft. 60 ft. 35 ft. Group Housing three stories 40 ft. 50 ft. 135 ft. MINIMUM FLOOR AREA 1,000 sq. ft. /A SPS = same as principal use setback. Footnotes: 1 No setback is required from the east property line provided a unified plan is approved with the Pine Ridge West PUD. 2 No sound speaker systems within 400 feet of the south property line. The only sound speaker systems permitted are for drive - through windows for banks or fast food restaurants. Some uses listed in Exhibit A are subject to additional setback restrictions from the south property line. 3 Measured from lake control elevation. 4 Not permitted within 400 feet from the south property line. Page 5of16 li:\2006\2006063 \WP\Rezone \Rezone 2011 \Post CCPC\Brynwood Center PUDZ- PL -2011 -0406 CPUD (08 -07 -2012 ).doc II. DEVELOPMENT REQUIREMENTS FOR GROUP HOUSING/RETIREMENT COMMUNITY Group housing/retirement community uses described in Exhibit A, Section II shall provide the following services and/or be subject to the following operational standards: A. The facility shall be for residents 55 years of age and older. B. There shall be on -site dining for the residents. C. 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. D. 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. E. A wellness center shall be provided on -site. Exercise and other fitness programs shall be provided for the residents. F. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. G. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. III. HOURS OF OPERATION There shall be no loading or unloading within 400 feet from the south property line before 7:00 a.m. or after 6:00 p.m. Monday through Saturday for any permitted use. IV. MISCELLANEOUS USE RESTRICTIONS A. Certain uses are prohibited within 400 feet of the south property line as provided in Exhibit A, Section I. B. Automobile service and repair shops and similar types of permitted uses such as tire dealers shall conduct all activities within enclosed structures. Bay doors may not be oriented to the south. These uses are not permitted less than 600 feet from the south property line. C. Gas Stations shall be limited to frontage on Pine Ridge Road only. Page 6of16 H:\2006\2006063 \WP \Rezone \Rezone 2011\Post CCPC\Brynwood Center PUDZ- PL -2011 -0406 CPUD (08 -07 -2012 ).doc V. EATING PLACES AND DRINKING PLACES AS AN ACCESSORY USE TO A HOTEL/MOTEL Eating and drinking places are allowed in conjunction with a hotel /motel within 400 feet to the south property line and shall be subject to the following requirements: A. They shall be accessory uses to a hotel or motel with no sign identification. B. They shall be located in the northern portion of the building. C. No outdoor music, televisions or open windows other than a pass - through window for food service shall be permitted. D. They shall be limited to serving only hotel patrons with room keys and their guests. E. The drinking place shall be limited to a maximum of 25 seats. VI. DEVELOPMENT INTENSITIES A. Commercial Area 1. Intensity: A maximum of 145,000 SF of gross floor area which includes up to 25,000 SF of retail; 60,000 SF or more of general office; and no more than 60,000 SF of medical office. 2. Conversion: The maximum allowable gross floor area of 145,000 SF shall be reduced by 12,083 SF for each gross acre of hotel /motel or group housing or fraction thereof. B. Group Housing/Retirement Community Uses With conversion noted in VI, A.2 above, a maximum 0.60 floor area ratio (F.A.R.). C. Hotel/Motel With conversion noted in VI, A.2 above, a maximum of 20 units per acre. D. Acreage of preserve areas and lake area in excess of 1.65 acres shall be included in the calculation of densities and F.A.R.'s. (The first 1.65 acres of preserve area shall not be counted because it is required to reduce the project area to 12 acres to meet the infill criteria). E. The use of retail/office, group housing or hotel/motel and the acreages for each use shall be assigned at site development plan approval. The conversion from Page 7 of 16 H:\2006\2006063 \WP\Rezone \Rezone 2011\Post CCPC\Brynwood Center PUDZ- PL- 2011 -0406 CPUD (08 -07 -2012 ).doc retail and office floor area to hotel/motel or group housing acreage shall include common or accessory use areas such as lakes, preserves and access drives, which may be included in the site area as described in the site development plan for density purposes (whether platted or not). VII. ENHANCED LANDSCAPE BUFFER (SOUTH PROPERTY LINE) Exhibit C -2 is attached and depicts an enhanced landscape buffer and preserve area along the south property line. Within this buffer area are 14 to 18 -foot trees spaced no more than 20 feet on centers. These trees shall be staggered in heights and on centers with a 6- foot high wall provided as depicted on Exhibits C -lA and C -2. Page 8of16 I l:\2006\2006063 \WP\Rezone \Rezone 2011 \Post CCPC \Brynwood Center PUDZ- PL -2011 -0406 CPUD (08 -07 -2012 ).doc 1 - ' 1 OENAIgN NR SA 1 . - ry. � I I I OR BOOK 3668. PG 1943 ; , ro LOG SECTION 5.D6.o4.F.9e TO ALLOW DIRECTIONAL SIGNS TO P yCE� T E14 , WEST PUD i Z - I I (q 1 i BE LOCATED 5 FEET FROM THE EDGE OF ROADWAY PAS MEHT , MERCIAL DEVELOPMENT (VACANT) TO I W J I I DEVIATION Mo. 6 I IPB-44. PG' 233-24 - I I FR1 ( 0% DEVIATION No. 7 I ro IDC SECTION 5.OBA4.F.96 TO ALLOW 2 DIRECTIONAL SIGNS ' . I I PRESERVE f I 1 TO l "SECTION 5.06.0{. F.3 I (EACH UP ro 64 S.F.) AT THE EAST AND WEST I I iO ALLOW A MINIMUM OF 2 I I INTERCONNECTING ACCESS ROAD . PRESERVE d ]DRY DETEN 1 Z i I I , • • ,WET gETENTION . `fr__— " - - -- Wp d I UNITS ON A DIRECTORY SIGR I DEVIATION No 58 I, BASIN - I: BASIN S W TO UDC SECTION 5,06.04.F.1W TO ALLOW THE OIRECTOWN SIGNS I° p l TO BE LOCATED S FEET FROM THE PROPERTY lK. " .. _ .. f �y�__ I � �AIIMOITY UL I •'._.__:}.. �. a.--... A_-.. �.. m. �... � ,......_-- ..w....:.- T,.... -...' i -� -���AE� _ - DRIVE �_ ® - - - - - T - _ - - - _ _ „ - _ 1 I II A74.lW EARTH MEET U `-10• BUFFER TYPE 'A' LANDSCAPE BUFFERN (NAME CHANGE OR ABANDONMENT SUBJECT BTJFFER I �I TO COLLIER COUNTY APPROVAL) 15' WIDE ENHANCED I ' I DEVIATION No. 2 TYPE •B' PARKING PARKING NOT TO REWIRE $IDEWALKS)OR) P A R K I N G LDSCAPE BUFFER - I 1 BRCE PATHS ADJAIZNT TO NITERtOR (SEE EXHIBIT C -2) L15' WIDE TYPE 'D• BUFFER ACCESS ROAD I y I 1 1 I I I i iI PARKING F I I I I F PARKING P ARK I N G $n BUILDING iU I 1 I I BUILDING SETBACK I I I I I BWLUINO MEASURED TO PRESERVE B U I L D I N G 1 i , TRACT LINE (TYPICAL) DEVIATION No. 4 I i I TO WC SECTION 6.06.01 (0) _ F I I I I ✓� - TO PERMIT A 40' WADE PRIVATE V�1a I j.• - - ROADWAY EASEMENT OR o _ / RIGHT -OF -WAY FUTURE EASEMENT EASEMENT FOR CAT BUS !�. . . . 111 ; F('••IS/ SMELTER (APPRO%. 9'.20' _ _ - . DEVIATION No. 3 - I LOCATION T.B.D.).''�+ TO LDC SECTION 5.03=A.REA REWIRE PARKING - - •' • • •rE'SL�7G1'SYG. •_' • • _' • P A R K I N G A WALL ADJACENT TO RE I I I I - P A R K I N G DEVELOPED COMMERCINIT. I I 10' WIDE TYPE 'A' - BUFFER I I I _ 6' HIGH WALL NO WALL REWIRED I - I _ E)OSTING OFF -$A PRESERVE / - • - • - • - I \•\ / LAKE 11 PRE3ER11IE- - tw NORTH NAPLES � �� � ' , / � a i FIRE STATION / WTLDUFE cROSSINC I . . 'P' ZONING \\ I 8 2 • . OENDE.A No. 5A. SH ! 6 - - - -- _. - - _ - • ' w ' \ I SEE OENATKIN NOTES ABOVE I -+ WATER MANAGEMENT BERN -AND BUFFER YA1H NATIVE - - -- -- - - - --1 --- -- - -\ / - - -J - - -__ EnS -S -SH[ - ----------=-----=----- --- - - - - -- BALDRIDGE 'PW' - TOTAL SITE AREA ® a+.xo .nl coc mNr.W1s vTAWT -�-- CgAMERCIAL DEVELOPMENT W..AAno nN+rWw mC11W4ANYRE 1napW4 ----- -__ -.\ r_____________. OR BOOK 3781. PG 3476 13.86 2 ACRES agFST NAVY A11WW(Y tOAWN13 nmW A90NS � AI10K� Gorollf W 950 E- W W/ BRYNWOOD CENTER NAPNA.FL34110 EXHIBIT C -1A An oewT. •'°°'WI"°°° ooIEWNTS w7slT ' Phone (239) 254 -2000 6063P(A -C -1 4616-1A IL mwr. mr4Oln npo11 11 HOLE MONTES Flom. Calif a.of C.P.U.D. a° "°°°�°6 Awo�wonNo.1T)z CONCEPTUAL MASTER PLAN 2006.063 to or 2 C) Er 0 0 ol w 0 0 x 0 0 N 4 n n n 66 o b �D -0 O C h b � r N 0 b A a n ^o C C7 0 00 0 0 N 0 0 40' ROAmAT EASEMENT EASEMENT I e'12* 'T __ e' I PAVEMENT PAVEMENT i - I � i / CL 0 0 WATER G GRAVITY 'SEWAGE ROADWAY CROSS SECTION N.T.S. TOTAL SITE AREA = 13.65 t ACRES DEVELOPMENT USE : TOTAL COMBINED ALLOWABLE GROSS FLOOR AREA IS 145,000 S.F. COMMERCIAL AREA INTENSITY : A MAXIMUM OF 145.000 S.F. OF GROSS FLOOR AREA WHICH INCLUDES UP TO 25,000 S.F. OF RETAIL: 60,000 S.F. OR MORE OF GENERAL OFFICE; AND NO MORE THAN 60.000 S,F, OF MEDICAL OFFICE. CONVERSION : THE MAXIMUM ALLOWABLE GROSS FLOOR AREA OF 145,000 S.F. SHALL BE REDUCED BY 12,083 S.F. FOR EACH ACRE OF HOTEL /MOTEL OR GROUP HOUSING OR FRACTION THEREOF. GROUP HOUSING/ RETIREMENT COMMUNITY USES WITH CONVERSION NOTED ABOVE, A MAXIMUM 0.60 FLOOR AREA RATIO (F.A.R.). HOTEL,/MOTEL WITH CONVERSION NOTED ABOVE, A MAXIMUM OF 20 UNITS PER ACRE. NOTE ACREAGE OF PRESERVE AREAS IN EXCESS OF 1.65 ACRES AND LAKE AREA SHALL BE INCLUDED IN THE CALCULATION OF DENSITIES AND F.A.R.'s (THE FIRST 1.65 ACRES OF PRESERVE SHALL NOT BE COUNTED BECAUSE IT IS REQUIRED TO REDUCE THE PROJECT AREA TO 12 ACRES TO MEET THE INFILL CRITERIA). THE USE OF RETAIL /OFFICE, GROUP HOUSING OR HOTEL /MOTEL AND THE ACREAGES FOR EACH USE SHALL BE ASSIGNED AT SITE DEVELOPMENT PLAN APPROVAL. THE CONVERSION FROM RETAIL AND OFFICE FLOOR AREA TO HOTEL /MOTEL OR GROUP HOUSING ACREAGE SHALL INCLUDE COMMON OR ACCESSORY USE AREAS SUCH AS LAKES, PRESERVES AND ACCESS DRIVES, WHICH MAY BE INCLUDED IN THE SITE AREA AS DESCRIBED IN THE SITE DEVELOPMENT PLAN FOR DENSITY PURPOSES (WHETHER PLATTED OR NOT). xk&li�4 m REQUIRED: 13.65 Ac.f x 30% = 4.10 Ac.t eMLL1NNL sTaA« PROVIDED: .ROe'e.�c9m ci°uNE PRESE" TRACT PRESERVE = 3.10 Ac.t STRUCTURAL LAKE = 0.90 Ac.t BUFFER REMAINING OPEN SPACE = 0.10 Ac.t WIDTH = 4.10 Ac.t MIN. SLOPE PLANTED PATH FENCE � VARIES NATIVE VEGETATION VEGETATION PRESERVATION : ' I -TOE OF FILL SLOPE REQUIRED: 7.16 Ac.t NATIVE HABITAT x 15% = 1.07 Ac.f PRESERVE TR ACT LINE PROVIDED: 3.10 Ac.t TRACT STRUCTURAL BUFFER SECTION NOTES : t. LOCATIONS OF UTILITIES AND STORMWATER FACILITIES ARE APPROXIMATE. N.T.S. EXACT LOCATIONS TO BE DETERMINED IN FINAL DESIGN. 2. ROADWAY AREAS SHALL BE MAINTAINED BY OWNER AND BE DEDICATED AS A PUBLIC RIGHT -OF -WAY (SEPARATE TRACT) OR AN EASEMENT BENEFITING ABUTTING PROPERTIES. 3. BUILDINGS AND ROADWAY LOCATIONS SHOWN ARE APPROXIMATE AND FOR ILLUSTRATION AND ARE SUBJECT TO CHANGE IN FINAL DESIGN AND PERMITTING AS PROVIDED FOR IN THE L.D.C. _ `��mC°M°O 9y'0O 950EncaeYYT EXHIBIT C -18 =-C-11716-le BRYNWOOD CENTER „o,EMOE,�s C.P.U_D. N,.Tm CONCEPTUAL MASTER PLAN 2006053 lea z STRUCTURAL BUFFER SECTION NOTES : t. LOCATIONS OF UTILITIES AND STORMWATER FACILITIES ARE APPROXIMATE. N.T.S. EXACT LOCATIONS TO BE DETERMINED IN FINAL DESIGN. 2. ROADWAY AREAS SHALL BE MAINTAINED BY OWNER AND BE DEDICATED AS A PUBLIC RIGHT -OF -WAY (SEPARATE TRACT) OR AN EASEMENT BENEFITING ABUTTING PROPERTIES. 3. BUILDINGS AND ROADWAY LOCATIONS SHOWN ARE APPROXIMATE AND FOR ILLUSTRATION AND ARE SUBJECT TO CHANGE IN FINAL DESIGN AND PERMITTING AS PROVIDED FOR IN THE L.D.C. _ `��mC°M°O 9y'0O 950EncaeYYT EXHIBIT C -18 =-C-11716-le BRYNWOOD CENTER „o,EMOE,�s C.P.U_D. N,.Tm CONCEPTUAL MASTER PLAN 2006053 lea z 0 a 0 0 0 N O 7 A 0 0 5 0 n n 6 °o 'o n CD -o C'. 0 •c r N 0 (D a 0 rn n -u l� O rb O N O N a 8 - --- —160'± TOTAL DISTANCE - 12V FOR 3 STORY BUILDING _ ( 90' FOR 2 STORY BUILDING) DRIVEWAY, PARKING, ---- ,�15'— 35 PRESERVE AND SIDEWALK AND CURB �NHANCEDi LANDSCAPE BUFFER TYPE 'B' SOUTH (BUFFER I PROPERTY I & I LINE BRYNWOOD CENTER 16' HIGH i - -- - - - - -- WALL _ C.P.U.D, y !. PROPOSED BUILDING - 14'- 18'± TREE HEIGHTS --------- - - -la? 11 1 6' HIGH WALL I ENHANCED TYPE '8' LANDSCAPE BUFFER NOTE: EXISTING TREES UP TO 50' HIGH 40'± EXISTING PRESERVE/ WOODED AREA ENHANCED BUFFER AND EXISTING & PROPOSED PRESERVE SCALE: 1"- 9 • 15' FOOT WIDE, LANDSCAPE BUFFER, WHICH SHALL INCLUDE A 6' HIGH WALL, HEDGE AND 14' -18' HIGH TREES SPACED NO MORE THAN 20 FEET ON CENTER. • HEDGE SHALL BE PLANTED VIATH A MINIMUM OF 10 GALLON PLANTS, FIVE FEET IN HEIGHT & THREE FEET IN SPREAD AND SPACED A MAXIMUM OF 4 FEET ON CENTER • TREES SHALL BE STAGGERED IN HEIGHTS AND STAGGERED CENTERS WITHIN THE BUFFER AREA • 80 PERCENT OPAQUE WITHIN ONE YEAR • THE SOUTH SIDE OF THE 6' HIGH WALL SHALL BE PAINTED BROWN. NORTH NOOD PRESERVE SUBDIVISION LANDSCAPE BUFFER DATA: TYPE 'B' BUFFER REQUIRED: TREES at 25' CENTERS ( 10' HIGH) PROVIDED: TREES at 20' CENTERS ( 14' - 18' HIGH) TYPE 'B' TREES: BLACK OLIVE, LIVE OAK, MAHOGANY AND CABBAGE PALM EXHIBIT C -2 M.Mw.rL t+no 4616 -02 A.m�P�m•�+ 3480 PM RIDE ROAD Pe :PM25i 20M ENHANCED TYPE 'B' LANDSCAPE HOLE MONTES Fy CM a +s• d +m r �"�r+� Aft e..%. BUFFER AND PRESERVE 2006065 2 or 2 EXHIBIT D LEGAL DESCRIPTION BRYNWOOD CENTER CPUD THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS PARCEL 116 AS DESCRIBED IN THE LIS PENDES RECORDED IN O.R. BOOK 2631, PAGE 188 AND ORDER OF TAKING RECORDED IN O.R. BOOK 2660, PAGE 3364 AND LESS PARCEL 115 AS DESCRIBED IN THE LIS PENDES RECORDED IN O.R. BOOK 944, PAGE 494 AND THE STIPULATED FINAL JUDGMENT RECORDED IN O.R. BOOK 1185, PAGE 541, CONTAINING 13.650 ACRES MORE OR LESS. Page 12 of 16 H:\2006\2006063 \WP\Rezone \Rezone 201 RPM CCPC\Brynwood Center PUDZ- PL -2011 -0406 CPUD (08 -07 -2012 ).doe EXHIBIT E LIST OF REQUESTED DEVIATIONS BRYNWOOD CENTER CPUD Deviation No. 1 seeks relief from LDC Section 5.05.04.13.1 to allow the floor area ratio (F.A.R.) to be increased from 0.45 to 0.60 for group housing/retirement community uses described in Exhibit A, Section II on up to 12 acres due to the limitations of the infill criteria of the GMP. Deviation No. 2 seeks relief from LDC Section 6.06.02.A.1, Sidewalks and Bike Paths requirements that requires sidewalks on both sides of the street. The deviation is to not require sidewalks on either side of the street if a sidewalk network is provided which continuously connects all development tracts to each other, to Pine Ridge Road, and to the east and west neighboring tracts. (See Exhibit C -lA, CPUD Master Plan). Deviation No. 3 seeks relief from LDC Section 5.03.02.H, Fences and Walls that requires when nonresidential development lies contiguous to or opposite a residentially zoned district, said nonresidential development shall provide a masonry wall or prefabricated concrete wall or fence. The deviation is not to require a wall or fence along the south property line where a lake or the southwest preserve area lies between the future commercial developed area and the south property line. Deviation No. 4 seeks relief from LDC Section 6.06.01.0 which requires a 60 -foot right- of -way width for local streets. The deviation is to allow for a 40 -foot wide private roadway easement or right -of -way. (See cross section on Exhibits C -1A and C -1B, CPUD Master Plan). Deviation No. 5A seeks relief from LDC Section 5.06.04.F.9.a, pertaining to setbacks for on premises directional signs which requires directional signs to maintain a setback 10 feet from the edge of the roadway, paved surface or the back of the curb. This deviation would allow the directional signs internal to the development to be located 5 feet from the edge of roadway pavement as depicted on the CPUD Master Plan (Exhibit C -IA). Deviation No. 5B seeks relief from LDC Section 5.06.04.F. Lb which requires pole and ground signs to be setback 10 feet from property line. This deviation is to allow the directional signs to be set back 3 feet from the property line only for the east and west interconnecting access road entrances as depicted on the CPUD Master Plan (Exhibit C -IA). Deviation No. 6 seeks relief from LDC Section 5.06.04.F.9.b, which allows on- premises directional signs to be combined into a single sign 64 square feet in area. This deviation is to allow two directional signs, each up to 64 square feet in area at the east and west interconnecting access road entrances as depicted on the CPUD Master Plan (Exhibit C -IA). Deviation No. 7 seeks relief from LDC Section 5.06.04.F.3, pertaining to directory signs which allows multiple- occupancy parcels or multiple parcels developed under a unified development plan with a minimum of 8 independent units and containing 25,000 square feet of leasable floor area to be permitted on a directory sign and which allows a minimum of 4 panels and a Page 13 of 16 H :\2006\2006063 \WP \Rezone\Rezone 2011 \Post CCPC\Brynwood Center PUDZ- PL-2011-0406 CPUD (08 -07 -2012 ).doc maximum of 8 panels. This deviation is to allow a minimum of 2 independent panels to be displayed on the one directory sign at the project entrance on Pine Ridge Road as depicted on the CPUD Master Plan (Exhibit C -IA). If the developer elects to allow 4 or more independent panels on the one directory sign, the maximum sign area shall be 150 SF. If the developer elects to have 2 or 3 independent panels on the one directory sign, the maximum sign area shall be 100 SF. Page 14 of 16 H:\2006\2006063 \WP \Rezone \Rezone 2011 \Post CCPC\Brynwood Center PUDZ- PL- 2011 -0406 CPUD (08-07 -2012 ).doc EXHIBIT F LIST OF DEVELOPER COMMITMENTS BRYNWOOD CENTER CPUD I. TRANSPORTATION A. The development within this project shall be limited to 577 unadjusted two -way PM peak hour trips (or 504 adjusted two -way, PM peak hour trips), corresponding to the highest trip generation scenario of those proposed in the updated traffic study information dated October 13, 2011 allowing for flexibility in the proposed uses without creating unforeseen impacts on the adjacent roadway network. The terms "adjusted" and "unadjusted" shall reference allowances for pass -by and internal capture trip reductions. For purposes of calculation of the weekday PM peak hour trip generation in this CPUD, the lesser of the weekday PM peak hour trips as calculated in the Institute of Traffic Engineer's (ITE) Report, titled Trip Generation, 8th Edition or the trip generation as calculated in the then current ITE Trip Generation Report shall be utilized. B. Shared access connections shall be provided to the commercial parcels to the east and west as shown on Exhibit C -lA, CPUD Master Plan. The cross - access connection and roadway shall be maintained by owner and may be a perpetual, non exclusive access easement or public right -of -way at no cost to the public. No parking and no loading shall be permitted directly on the access roadway. C. The development will be allowed one driveway to Pine Ridge Road constructed at developer's expense and subject to applicable Collier County permitting requirements. D. A bus shelter area approximately 9 feet by 20 feet shall be reserved along the Pine Ridge Road frontage in an area generally shown on the Exhibit C -lA, CPUD Master Plan. The bus shelter may be located in the landscape buffer area. II. ENVIRONMENTAL The subject property has 7.16 acres of native vegetation and is required to preserve 1.07 acres. The preserve areas depicted on Exhibits C -IA and C -1B, CPUD Master Plan provide 3.10± acres to be preserved. III. 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 CPUD approval, the Managing Entity is the First Community Bank of Southwest Florida. Should the Page 15 of 16 H:\2006\2006063\WP \Rczone \Rezone 2011\Post CCPC\Brynwood Center PUDZ- PL- 2011 -0406 CPUD (08-07 -2012 ).doc 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 CPUD 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. IV. WALL The wall near the southerly property line depicted on the CPUD Master Plan (Exhibits C- lA and C -2) shall be painted brown on the south side. Page 16 of 16 H:\2006\2006063 \WP \Rezone \Rezone 2011\Post CCPC\Rrynwood Center PUDL- PL- 2011 -0406 CPUD (08 -07 -2012 ).doc 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 -37 which was adopted by the Board of County Commissioners on the 25th day of September, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of September, 2012. DWIGHT E. BROCK Clerk of Courts and .Clerk Ex- officio to B a)r ,''o County Commis ,8z•o��• By: Teresa Cann' Pa'r Deputy Clerk'