Exhibit_D_-_Cultural_Arts_Village_Ordinance_2012-21_1.pdf

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ORDINANCE NO. 12 - 21 — Y--,

SAN 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 jourdan_j Typewritten Text jourdan_j Typewritten Text jourdan_j Typewritten Text jourdan_j Typewritten Text Exhibit "A" 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

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

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of -, f -kll the

7of and acknowtedgenne t at fill ived s ay of , 6Y -

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:

Revision Date: May 7, 2012 PUDZ- PL2010 - 592

Cultural Arts Village at Bayshore PUD

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TABLE OF PERMITTED USES

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PERMITTED PRINCIPAL USES:

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

Revision Date: May 7, 2012 PUDZ- PL2010 - 592

Cultural Arts Village at Bayshore PUD

Cultural Arts Village at Bayshore PUD

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TABLE OF PERMITTED USES

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

Cultural Arts Village at Bayshore PUD a U o W 9-a a Q a a a

TABLE OF PERMITTED USES

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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TABLE OF PERMITTED USES

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PERMITTED PRINCIPAL USES:

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

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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TABLE OF PERMITTED USES

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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 E76 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.

Revision Date: May 7, 2012 PUDZ- PL2010 - 592

Cultural Arts Village at Bayshore PUD

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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.

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%

Revision Date: May 7, 2012 PUDZ- PL2010 -592

EXHIBIT B

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

Revision Date: May 7, 2012 PUDZ- PL2010 - 592

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 SPSCr.

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"

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

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.

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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.

EXHIBIT D

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.

EXHIBIT E

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.

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.

EXHIBIT F

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 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.

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 f̀ County Commission t s

By An john

Deputy Clerk