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Backup Documents 12/10-11/2013 Item #17B17B f q COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, November 15,20:13, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Planning & Zoning Department, Zoning Services, 2800 North Horseshoe Drive, Naples, Florida 341.04. #**#######ir,F*k##**##Ar***#**txt#fi*####**st***vk****Mak*k*Yr*#**ie*#*ir**#*�k**iA#*****a4!*######*#at%fF*#*#F**##•*ir# Originating Dept` Div: GMD/Planning & Zoning Person: Kay Deselem, Principal Planner Date: November 12 2013 Petition. No. PUDZ-A-PL2012000:1.593: BAY HOUSE CAMPUS CPDD Petitioner: Bay House Campus, LLC; c/o Edward Negley; 8 Sabre Way; Naples, FL 34102 Nance & Address of' any person(s) to he notified by Clerk's off -ace: Turtle Bay Holding Company, LLf • 7�0+y i�Vsillcitsbi�' �nHd• Naples, FL 341 and Alexis Waldrop Engineering, P_A_;81 Qen'.=—'r""""t T'"' mite 305• i;onita Springs, FL 34135 and Richard D. Yvanovich; Coleman, Yovanovich & Koester P.A.; Northern Trust Bank Building; 4001 Tamiami Trail North, Suite 30 ; ap es, FL 34103 Hearing before: X BCC: __._.�.................... ................... 737 _Other Requested Hearing date: Tuesday, December 12, 2013. Based on advertisement appearing 20 days before hearing. Newspaper(s) to be used: ?Maples Daily News Proposed ,rext: See Attached Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Ycs. No, If Yes, what account should be charged for advertising costs: Department: Planning & Zoning Dept., Zoning Services; Fund & Cost Center: 131.-138326-649100-00000; Purchase Order Number: 4500140024; Account Number: 068779 Reviewed by: Divi,i Administrator or Designee . Date List Attachments: Ordinance DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or 'request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public Hearing: 1210 V3 Date Advertised: I 20 G 17B ORDINANCE NO. 13 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS THE COCOHATCHEE RIVER TRUST PLANNED UNIT DEVELOPMENT (PUD) WHICH IS HENCEFORTH TO BE KNOWN AS THE BAY HOUSE CAMPUS CPUD, TO REMOVE THE SPECIAL TREATMENT OVERLAY AND TO ALLOW 400 SEATS OF RESTAURANT/COCKTAIL LOUNGE, A 50 ROOM HOTEL OR MOTEL, AND 4,500 SQUARE FEET OF GROSS FLOOR AREA OF ACCESSORY RETAIL USES INCLUDING A CULINARY SCHOOL, SPECIALTY RETAIL AND RESTAURANT/BREW HOUSE ON PROPERTY LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.67 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 88-30, THE COCOHATCHEE RIVER TRUST PUD; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-A-PL20120001593] WHEREAS, Alexis Crespo, AICP of Waldrop Engineering, P.A. representing Bay House Campus, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to repeal Ordinance 88-30, the Cocohatchee River Trust Planned Unit Development, and rezone the subject 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 21, Township 48 South, Range 25 East, Collier County, Florida, is changed from a Planned Unit Development (PUD) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a project to be known as the Bay House Campus CPUD, and the Special Treatment Overlay, is removed to allow 400 seats of restaurant/cocktail lounge, a 50 room hotel or motel and 4,500 square feet of gross floor area of accessory retail uses including a culinary school, specialty retail and restaurant/brew house in accordance with the Bay House Campus CPUD attached hereto as Exhibits "A" through "F" and incorporated by reference herein. The Bay House Campus CPUD Page 1 of 2 PUDZ-A-PL20120001593 — rev. 10/8/13 appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 88-30, known as the Cocohatchee River Trust Planned Unit Development is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legality: By: GEORGIA A. HILLER, ESQ. Chairwoman Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A — List of Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit F — Development Commitments 12-C PS -01191126 Bay House Campus CPDD Page 2 of 2 PUDZ-A-PL20120001593 - rev. 10/81'13 EXHIBIT A LIST OF PERMITTED USES BAY HOUSE CAMPUS CPUD PERMITTED USES: 17B 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, as limited by Section III of this Exhibit A: I. Campus Tract A. Principal Uses and Structures: 1. Hotel, motel and transient lodging— maximum of 50 rooms (Group 7011) 2. Eating establishments (Group 5812) — maximum of 400 seats Any other principal and related use that is determined to be comparable to the foregoing by the Hearing Examiner or Board of Zoning Appeals pursuant to the process outlined in the Land Development Code (LDC). B. Accessory Uses: 1. Boats (All subject to LDC Section 5.03.06): Boat rental Boat slips (limited to 9 slips) Kayak and canoe launch Kayak and canoe storage 2. Two (2) caretaker's residences (subject to LDC Section 5.03.05) 3. School, commercial (Group 8299). Limited to culinary school accessory not to exceed 4,500 square feet. 4. Uses and structures that are accessory and incidental to the principal hotel and restaurants uses, including but not limited to the following recreational, retail and personal service uses: administrative offices, ATM (automatic teller machine), apparel and accessory stores, barber shops (excluding barber schools), beauty shops (excluding beauty schools), boardwalks and nature trails, book stores, camera & photographic supply stores, child day care services, drugstore, drinking establishments (excluding bottle clubs), educational kiosks and shelters, entry gates & gatehouse, essential services, fences, walls, food store, florists, gift and souvenir shop, jewelry store, museum & art galleries, parking lot, personal service establishments, entertainment facilities, and meeting rooms and auditoriums, physical fitness facilities, recreational uses and facilities, including swimming pools, tennis courts, volleyball courts, chickees huts/bars, and gazebos. Any other accessory use and related use that is determined to be comparable to the foregoing by the Hearing Examiner or Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC). Accessory uses are for the exclusive use of hotel and restaurant patrons and shall not be advertised to the public via on-site or off-site signage, with the exception of the culinary school, which is open to the public and may be advertised in accordance with the LDC and the provisions of the PUD stated herein. BAY HOUSE CAMPUS — PUDZ-A-PL2012-1593 Page 1 of 8 Last Revised: October 8, 2013 ►1.'] II. Preserve Tract A. Principal Uses & Structures Passive recreational uses limited to the following, as long as any clearing required to facilitate the uses does not impact the minimum required preserve. 1. Boardwalks and nature trails (excluding asphalt paved trails) 2. Benches for seating 3. Educational kiosks 4. Signs 5. Viewing platforms 6. Water management facilities 7. Inclement weather shelters without walls 8. Any other preserve and related open space activity or use which is comparable in nature with the foregoing uses and which the Hearing Examiner or Board of Zoning Appeals determines to be compatible with the preserve area. III. Development Intensity Development intensity is limited to a 50 -room hotel, 400 -seat restaurant(s)/cocktail lounge(s), and 4,500 square feet of accessory commercial uses within the CPUD. Accessory uses for the exclusive use of hotel and restaurant patrons are not subject to the 4,500 square foot limitation. The gross project area is 8.67 ± acres. No residential density is permitted, except for the caretakers residences. BAY HOUSE CAMPUS— PUDZ-A-PL2012-1593 Page 2 of 8 Last Revised: October 8, 2013 17B EXHIBIT B DEVELOPMENT STANDARDS BAY HOUSE CAMPUS CPUD Development of the Bay House Campus CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district shall apply. Table I below sets forth the development standards for land uses within the Bay House Campus 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. SPS= Same as Principal Structure *0' setback is permitted for fences or retaining walls permitted as part of the stormwater management system, pathways, and other structures allowed within the preserves tract pursuant to Exhibit A and LDC Sec. 3.05.07.H.l.h.iii BAY HOUSE CAMPUS— PUDZ-A-PL2012-1593 Page 3 of 8 Last Revised: October 8, 2013 TABLE I DEVELOPMENT STANDARDS PERMITTED USES AND STANDARDS Principal Structures Accessory Structures Min. Lot Area N/A N/A Min. Lot Width N/A N/A SETBACKS (EXTERNAL) From US 41 R -O -W 40 ft. 25 ft. From Walkerbilt Rd. R -O -W 40 ft. 25 ft. Cocohatchee River 30 ft. 0 ft. Western Property Line 50 ft. SPS SETBACKS (INTERNAL) Internal Access Easements 15' SPS Side 10' 5' Rear 15' 10' Preserves* 0'/25' 0'/10' Min. Distance Between Structures 30' 5' MAXIMUM BUILDING HEIGHT Zoned 50 35' Actual 75' 45' SPS= Same as Principal Structure *0' setback is permitted for fences or retaining walls permitted as part of the stormwater management system, pathways, and other structures allowed within the preserves tract pursuant to Exhibit A and LDC Sec. 3.05.07.H.l.h.iii BAY HOUSE CAMPUS— PUDZ-A-PL2012-1593 Page 3 of 8 Last Revised: October 8, 2013 17g EXHIBIT C - CPUD MASTER PLAN gpis10 A mLO� am Q Z>fA ' y j Z Fi G) m 5 m ins, IT! Zw > i�o gm §>Nz PH ; O ' Qi� G7 8 0 g o o M CD ;� Im m o � M4 In JN15 Z � µ 'r • t, FF OZ m r 1� rL— �4m11 GS!F �> t 11 1i•1M 7�, � g c„ l_1 ►�IF��t�lt�lt � r r t � � I tr I tr I tr t tr I Fr I F F ut FrF r w r r r r r r r r TAMIAIWITRAIL /U.S.41 (150'R.O.W.) m>; 00 ��€z- W �,- BAY HOUSE CAMPUS – PUDZ-A-PL2012-1593 Page 4 of 8 Last Revised: October 8, 2013 �o � N y � Z C m rn K N !f H N N µ IF 7 4DN� gpis10 A mLO� am Q Z>fA ' y j Z Fi G) m 5 m ins, IT! Zw > i�o gm §>Nz PH ; O ' Qi� G7 8 0 g o o M CD ;� Im m o � M4 In JN15 Z � µ 'r • t, FF OZ m r 1� rL— �4m11 GS!F �> t 11 1i•1M 7�, � g c„ l_1 ►�IF��t�lt�lt � r r t � � I tr I tr I tr t tr I Fr I F F ut FrF r w r r r r r r r r TAMIAIWITRAIL /U.S.41 (150'R.O.W.) m>; 00 ��€z- W �,- BAY HOUSE CAMPUS – PUDZ-A-PL2012-1593 Page 4 of 8 Last Revised: October 8, 2013 17B EXHIBIT D LEGAL DESCRIPTION BAY HOUSE CAMPUS CPUD BEING ALL OF TRACT 1, BAY HOUSE REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 50, PAGES 14 AND 15 TOGETHER WITH ALL OF TRACTS 2 AND 3, COCOHATCHEE RIVER TRUST P.U.D., ACCORDING TO THE PLATTHEREOF AS RECORDED IN PLAT BOOK 18, PAGES 97 AND 98 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ALL LYING WITHIN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 377,623 SQUARE FEET OR 8.67 ACRES, MORE OR LESS. BAY HOUSE CAMPUS — PUDZ-A-PL2012-1593 Page 5 of 8 Last Revised: October 8, 2013 EXHIBIT E 1713 LIST OF REQUESTED DEVIATIONS FROM LDC BAY HOUSE CAMPUS CPUD Deviation No. 1: Deviation from LDC Section 4.04.02 which requires all commercial projects to provide interconnections and shared access to adjacent properties. The requested deviation is to allow for the existing interconnections to the commercial retail property to the southeast only, as shown on the CPUD master plan. Deviation No. 2: Deviation from LDC Section 4.05.04.H, which requires 218 parking spaces based upon the proposed mix of principal and accessory uses, to allow for a 10% reduction to required parking spaces for the project. The number of required parking spaces is subject to change at the time of SDP or PPL based upon final square footage of uses. Deviation No. 3: Deviation from LDC Section 5.04.06.A.3.d, which allows temporary signs on nonresidential or mixed use properties up to 32 square feet in area and 8 feet in height. The requested deviation is to allow a temporary sign or banner up to 48 square feet in area and a maximum of 12 feet in height. The sign shall be limited to 28 calendar days per year. Deviation No. 4: Deviation from LDC Section 5.06.04.G.2.a, which allows off -premise directional signage up to 12 square feet in size. The requested deviation is to allow for one (1) off -premise directional signage up to 16 square feet in size. Deviation No. 5: Deviation from LDC Section 6.06.02.A.2, which requires developments to provide 5' -wide sidewalks on both sides of private rights-of-way or easements internal to the site. The requested deviation is to allow a 5' -wide sidewalk on the northern side of the easement that connects the development area to US 41. Deviation No. 6: Deviation from LDC Section 5.05.08.F, which prohibits project sites with more than one building where the aggregate gross building area is 20,000 square feet or more from undergoing the administrative determination of deviation process, to allow the project site to qualify for administrative determination of deviations where the aggregate gross building area is 70,000 square feet. BAY HOUSE CAMPUS — PUDZ-A-PL2012-1593 Page 6 of 8 Last Revised: October 8, 2013 EXHIBIT F DEVELOPMENT COMMITMENTS BAY HOUSE CAMPUS CPUD 1. PURPOSE 17B The purpose of this Section is to set forth the general development commitments for the project. 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 Bay House Campus, LLC. 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 is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. PUD MASTER PLAN Exhibit "C, PUD 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 site development plan approval in accordance with the LDC. 3. UTILITIES 3.1 The project shall connect to the Collier County Water Sewer District (CCWSD) potable water system at a location determined by CCWSD when capacity is available. 3.2 The project shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD when capacity is available. 4. TRANSPORTATION 4.1 The developer, its successors or assigns shall provide a fair share contribution toward the capital costs of traffic signals on U.S. 41 at the project access and at Walkerbilt Road if and when deemed warranted by Collier County. The signals shall be owned, operated and maintained by Collier County. 4.2 The developer, its successors or assigns shall be responsible for required improvements to Walkerbilt Road, including widening, as warranted by County land development regulations for this roadway to accommodate the traffic for this project and shall be initiated within 90 days of the County's request, as applicable. Walkerbilt Road improvements, if warranted shall be BAY HOUSE CAMPUS — PUDZ-A-PL2012-1593 Page 7 of 8 Last Revised: October 8, 2013 8 permitted as part of a Development Order improvement process (PPL or SDP), or appr1 as Right-of-Way Permit. 5. ENVIRONMENTAL 5.1 The project shall provide a minimum of 1.64 acres of on-site native habitat preservation in compliance with the Growth Management Plan. Any clearing required to facilitate passive recreational uses shall not impact the minimum required preserve. 5.2 Little Blue Heron, Snowy Egret, and White Ibis have been documented on the property. Management plans for these species shall be submitted in accordance with the procedures and requirements of the Land Development Code. 6. ARCHAEOLOGY & HISTORICAL RESOURCES 6.1 A certified archaeologist shall be on-site during excavations. BAY HOUSE CAMPUS— PUDZ-A-PL2012-1593 Page 8 of 8 Last Revised: October 8, 2013 Teresa L. Cannon From: Deselem, Kay Sent: Tuesday, November 12, 2013 4AS PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Trish L. Morgan; Ann P. Jennejohn; Neet, Virginia; Rodriguez, Wanda; Wells, Laura; Brock, MaryJo Subject: PUDZ-A-PL20120001593: BAY HOUSE CAMPUS CPUD for 12/12/13 BCC Attachments: ad for BCC 11-12-13 signed.pdf; Ordinance.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. Kay Deselem, AICP, Principal Planner Zoning Services --Planning & Zoning Department 6rowth Management Division --Planning & Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239-252-2931 Fax: 239-252-6357 kaydeselemGcollier og v.net i a 3f'� .."mes Pub 3., c:.o,rdif you tip east wa'0 y�.. 110,11;'C sr.aYi M th's r>rttk y, C E" iad lh� office, by toleptre ne or In 1 1711 Acct. #068779 November 13, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: PUDZ-A-PL20120001593; Bay House Campus CPUD Dear Legals: Please advertise the above referenced notice on Wednesday, November 20, 2013, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O.#4500140024 17B NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, December 10, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS THE COCOHATCHEE RIVER TRUST PLANNED UNIT DEVELOPMENT (PUD) WHICH IS HENCEFORTH TO BE KNOWN AS THE BAY HOUSE CAMPUS CPUD, TO REMOVE THE SPECIAL TREATMENT OVERLAY AND TO ALLOW 400 SEATS OF RESTAURANT/COCKTAIL LOUNGE, A 50 ROOM HOTEL OR MOTEL, AND 4,500 SQUARE FEET OF GROSS FLOOR AREA OF ACCESSORY RETAIL USES INCLUDING A CULINARY SCHOOL, SPECIALTY RETAIL AND RESTAURANT/BREW HOUSE ON PROPERTY LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.67 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 88-30, THE COCOHATCHEE RIVER TRUST PUD; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-A-PL20120001593] Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which 17B record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ. CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Oourty of Collier CLERK OF THE`,CIRQUIT COURT Dwight E. Brock COLLIER COUNTY COORTHOUSE Clerk of Courts 3315 TAMIAMI TRL E STE 102. P.O. BOX 413044 NAPLES, FLORIDA , NAPLES, FLORIDA 34112-5324 + 34101-3044 6211 Y November 13, 2013 Bay House Campus, LLC Attn: Edward Negley 8 Sabre Way Naples, FL 34102 Re: Notice of Public Hearing to consider Petition PUDZ-PL20120001593: Bay House Campus CPUD Dear Petitioner: 17B Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 10, 2013, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, November 20, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- Coll ierClerk(2ccolIierclerk.com Coui ty of Collier CLERK OF THE;CIKUIT COURT Dwight E. Brock COLLIER COU I G Y COORTHOUSE Clerk of Courts 3315 TAMIAMI TRL E STE 102h; P.O. BOX 413044 NAPLES, FLORIDA \'ti.r j NAPLES, FLORIDA 34112-5324 ;34101-3044 November 13, 2013 Turtle Bay Holding Company, LLC 7999 Walkerbilt Road Naples, FL 34110 Re: Notice of Public Hearing to consider Petition PUDZ-PL20120001593: Bay House Campus CPUD Dear Petitioner: 17B Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 10, 2013, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, November 20, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierCierk.com Email- Coll ierClerk a,collierclerk.com County of Collier CLERK OF THE`,;CIRQUIT COURT Dwight E. Brock COLLIER COIJTTY COORTHOUSE Clerk of Courts 3315 TAMIAMI TRL ESTE 1021, P.O. BOX 413044 NAPLES, FLORIDA ti.f NAPLES, FLORIDA 34112-5324 34101-3044 November 13, 2013 Waldrop Engineering, P.A. Attn: Alexis Crespo 28100 Bonita Grande Drive Suite 305 Bonita Springs, FL 34135 Re: Notice of Public Hearing to consider Petition PUDZ-PL20120001593: Bay House Campus CPUD Dear Petitioner: 17B Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 10, 2013, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, November 20, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk2collierclerk.com County of Collier CLERK OF THE`CIRQUIT COURT Dwight E. Brock COLLIER COUNTY COORTHOUSE Clerk of Courts 3315 TAMIAMI TRL ESTE 102, P.O. BOX 413044 NAPLES, FLORIDAyr NAPLES, FLORIDA 34112-5324 `6 34101-3044 November 13, 2013 Coleman, Yovanovich & Koester, P.A. Attn: Richard D. Yovanovich Northern Trust Bank Building 4001 Tamiami Trail North Suite 300 Naples, FL 34103 Re: Notice of Public Hearing to consider Petition PUDZ-PL20120001593: Bay House Campus CPUD Dear Petitioner: Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 10, 2013, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, November 20, 2013. You are invited to attend this public hearing. Sincerely, WIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk2C011ierclerk.com ;NOTICE OF INTENT TO CONSIDER ORDINANCE. Nbtice is hereby' given �that on TUESDAY4 Dere-Mber 10, 2013, in the Rooi drdohl, 3rd Floor, Admin strAt;lori 176 Martha S. Vergara From: Martha S. Vergara Sent: Thursday, November 14, 2013 4:11 PM To: 'Polidora, Carol' Subject: RE: Ad Confirmation Carol, In the title the last line reads: EFFECTIVE DATE. [PUDZ AOPL20120001593] Should read: EFFECTIVE DATE. [PUDZ-A-PL-20120001593] THIS WAS MY TYPO.. SORRY mARTHA -----Original Message ----- From: Polidora, Carol [mailto:cpolidora@naplesnews.com] Sent: Thursday, November 14, 2013 2:13 PM To: Martha S. Vergara Subject: Ad Confirmation Martha! Please provide approval ASAP for publication on 11.20.13. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 1 Fax: (239) 325-1251 1 cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 Thank you for placing your ad. Date 11/14/13 Publication NDN Account Number 744102 Ad Number 2007244 Total Ad Cost $290.34 NOTICE OF114TEENTTOCONSIDER ORDINANCE ,1 78 -hiber '10,.201�, in the Bolardrd"Orn', Nbtice, is herob -that an, TUESDAYiDece 3rd'Floor Acliril,6?s�Lvrl��t.lon'B'L)i,ldii')'g',.(�'bilier.C6iin'tyI Goyernrhent C6nt 3299 East Tami6rtYl irai, Naples, Floriclaii,the Board 6f C061rit':c I pmml'ss`ld�jers will coilsiderthe I 'y o- a"C'Ounty Ordinance. Them , eming W1commence ,en'iamen,t ' , 4. , . 'll ,at 9:00 A.M. The f title Ofthe-, P opose'd Ordi nanre is, as f6flows: AN, ORDINANCE OF THE 8.0ARD OFCOUNT'S C6MMI(SSIONERS. OFICOL-LiER C N 2604-41,,AS . AM ENDFD, THE OUNTY 1 0- , FLORIDA, AMENDJNG ORDIN,ANCE, COLLIER c.bUNTY LAND DEVELOPMENT.COIDE ' WHI ' CH',ESTABLISHED, THE COMPREHENSIVE ZONING REGULATIONS FORTHE Li NI N.CO RPO RATED AREA OF COLLIER COUNTY, FL(jRI DA BY AMENDING THE APPROPRIATE ZONI Nt G, ATLAS MAP. H ' OR. MAPS FOR A PROJECT PREVIOUSLY KNOW.,N A,5 T- E'C0(dHATCHEE RIVER TR I UST PLANNED UNIT DEVELOPMENT (PVD), WHICH IS HENCEFORTH TO BE KNOWN- AS THE0` 'RAY+110SE CAMP'U'S,CP,U D, TO REMOVE THE SPECIAL TREATMENT OVERLAY AND TO -ALLOW 400,SEATS OVRESTAURANT/CQCKtAIL LOUNGE, A,50 ROOM HOTEL OR MOTEL, AND 4,,500 SQUARE FEET OF GROSS FLOOR AREA OF ACCESSORY RETAIL USE'S INCLUD[N,G-A CULINARY SCHOOL, 't HIOUtE ON'PROPERTY'LOCATED IN SPECIALTY RETAIL ANDRESTAURAN YRREW- SECTION 21'. TOWNSHIPA8 SOUTH, ftANGE 8 EAST COLLIER COUNTY, FLORVi, CONSISTING 'OF 8.87 ACRES, PRO' IDING FSR EAST, REPEAL OF ORDINANCE NUMBER 88-30,:THE COCO . 1HATC14E RIVER TRUST PUD; A0,BY PRbVIbINGAN EFFECTIVE 'DATE. [PUDZ A PL �_6,11'26,0015931 Copios of i:he,propqsed Ordinance'liaro rare file with fh,,,e Clerk -tothGBoard and are available for inspection. All interested parties are invited to attend and be heard. NOTE: Allpersonswis king to speak on -any agenda:jtem must register .with :the Cou i"Ity administrator prior to pfesentation'`of the agendal'i-tern'to beaddressed. IndivIdual speakers will be- limited fo 3 mijuites-on-'any item., Thesjolection of an, indivi'C"lual-t.b spe-ak- an behal-to,fl an birgarvizai,ior. or, group is entoUraged. recognized b, If yth , 'i r m . am -4 spc�lkeis*peirso'n for a,gr'bLjp cir,orga 11 niz . ation may. be. ' Cha, al f6tto-d 10 rtflnutes to,spe-akon -an: Iterri hlave�vritt4n or, grial:ihici materiaN,Included in the Do,0rd ageh^dii packers MUSt. SUbmitsaid material 'a minimum of 3' weeks. prior T0 the tespoctiye' public'hearingi, Inan, caste, wrltenm'isntendedlto be considered by. the ateria` Board shal I be submitted to t.l,ie'appropti'!ate:,CC6u*,'s't'alff,,a m ini'h`16 m of severe. days, or to , the publlc,he.ari.ng-. All �haterial Used in oresent6jions haf*4 the Board; W I become n prier 'a�permaent part of theriecord. 'Any person who decides to� appeal a,d I edsion,of'the Board will I need, a record of the proceedings pertaining thereto and therefore, may needlo.ensure that a verbatim record of the p,rocein-dings is ni'ade,lwhich record includes the testirnony,and :evidence upor',which the appeal js based. (f,you are a person with o'disabilitywho qeeds,any'accommodaflon in o , rd , er to participate'in th'is proceeding, ingyouari� entitled- atndcost to you, to, the proVision, C''Ill!''', , of certain assistarice. Please coh'11:a'd th4 .0 ler , County Fa'cillties Man690ment Repartme'r1t, locatia'd at 3335 T�amibrni Ttail East, BUildihig"W., Ni6plesjltrl0a, 341,12, (2-39) 1-B3BB. Ass seri listarrins devicesI f 0, r the he'aring' fiiipaire',clare available in, the ou 11 �y Co rn rn issl "on e rs Office. BOARDOF COUNTY COMMISSIONERS COLLIER 'C'OUNT"Y, FLORIDA GEORGIA A. HILLER, ESQ..CHAIRWOMAN ovVIGHT E. BROCK, CLERK By: Mart -ha Vrgara, Deputy Clerk 20, 7B u�� . 4.y,ir �rr�r�;r�a�+tiu:_4✓r`+►aii,r.i:�a� � r,,� I�.rr,tvsr �r: 611 ,CdUNTY, >:l` 6AI'0AA, AME' .I),IN,G bP..0 INAN E 1`4C�� 06, -41, A$, l�,l'�1E{k%47 60 71a �t DO 15 . , C .°L,L1 E R CC .0 NTY LAN a DEV,ELOPN E NT ,C00 E WHICH E'STABLISHE I) TI=1 E t,0MPRE�4'"SIVE ZONING k0GULATl', N5 FOR THE-.UNII�I,Cr�RPORATED AREA,OF' COLLIER COUNTY, iFLO IDA BY AMENDING THE �APPItOPMATE Z�;NIN� ATLAS, 11A +C7R MA'1�5 CSR" 'i`1?I J + I?1 EVIOUSLY 1�NC�V!i1 AS THE ,Cbc6HATCHEE RtV��R TRUS PLANNED. UNIT DE'1 EL"0'PI'� _ {PUlb)),�IIJ'I U,01 145j71E�VCrFORT'I+Tt�,�y K'Nt�W1U ,+� TN.E eAv iRO-VSE AI1lIPUS �CPUD TO REIVIbVE THE spec1AL- TkEATMENT OVERLAY:ANP T�`,ALLOW 400 SEATS OF ;�;E. �1'A1�.1��►1�i'l�.�l►CK, TAIL ,61JNtE, A, 0 I<t,0C��M NOTE. OR, t�l.OTEL; AA6,"4,�� ;�U'ARE FEET �F �R�55: 'FL�It`�R AREA �JF�,AC E� �C►»Y ItE `I IL. U E IN.CLl11 1i A llL1 NARY SCW,t qL,, SPECIALTY' RET1AIL AND�RESTAIJk'A AT Ho,USE 6N PkOP.ERTY Lo A7E � I'N ECTIC)N 2 �;iC}V�11IUS,HI�?' 48 5t li "I°%, RANGE 2 E" CC LLIEI Ct llltii`f'�, P1.O,RI.I A, CON CSF AtRES;,P:R , VIC IN,+G SCI THE'REPEAL PF`61110INANCE' NtI,MB 'A :8'g-3% TWE C-C H '1'CH 3.I I�I.EI4 TRUST 1 IiD; iC�tl ' y PI ►V1. `ING AN E1+lEE1iVE '%ATE:P1a�-A-..CSL-�t1.1 ��.� �� cop ies..dfthe:proposed Okdinaiice are dry file withthe t lerilcto- tli e, Board' and are- available for inspection. All interested partles.are,invited -to attend and be heard:" 1NUTC: All persons wishing to,,,speak.ort�an.y, agenda item must reg sterlwith the Count =adrrlrni.ttr6tor,, ,ricer t6 pteseritation' of the tq6 da it6m .ta, be'addressed.. IndividLia,l sa'1t,;r"sWi I`h-e li"inrtodwto3t rrr'lt�u,tes',n�ary' iterirt. The-olection'.af; im I ividuai to s`p.eak, 6,h behalf ��'arr dt� a'r�tza�i;+��r �r groogp� i� �ntc,;urage'd. If terogriized,by �th'e Ch°airrriari; a spa asperse r fc'r` r up or' rgaritiatIdn rrtbY:1: e alftted 1y,0 minutes to sp;lc on art iteril. persc►ns vtirisFrn'�.to► �rav� irttt:en ter �r�pl�ic r��'�tei�i,als"I��lu+�ecl;i>+,; tl�� Eoard:.a��i�d�� earl ets; r i6st submits"id meer al ;a minimurn, of 3 v 46ks prior to the re�pe, iv+ Ublrc'he.aring. }'ifi,nyst vv'Ien rr+terils'irtered t lie�aftlser by the t a,r'd shiril::t� :suhm`4W'd to th . apprbprJ'0te,-C6Q �y. rriiriitn . days: ,pri;�, to the �aub.li+r;h wring. �All,mit4fl l .its �1 in' ' resentatir�r�r� h.�efor. itli card W1N ecome a,,permanent.part of the�recbrd' -Any person who decides to: appeal a' decisiomot,the Board -wi li need a� record of the ;proceedings,per twining.=,therot.o and therefore, may,need to ensure that-,averbatir� ieOrd of the'proceexdings, is rinade, svirhj,ch' re'co'rd includes tl7e testimonyand' evfd0' nCe:Upon,i`rwrhithr�� he,appeal is-basW, Ifyou'are'a.pe-rsrnvith a di'sabilitywvhoa 'h,ieeds any accommodatiwrr in order-to' i r�tl+ ipate n'th'is prrac dir�r,`voware en�itl�eo,.at�no �o�t ;�d`�d`ur:,to;`the p�r�visio,n of`�ce'r't ri 'assittaific' e". Please cpir;Li ct�tl�e'C'�,llter�C��nt�Y Fa�illtie �N]ar�a+�ierrrent�. ; epa tirrre�'nt Id;sated a-t 5'Tarrii mi `M" aii E st Burlding'�1110 hl aples11,0a%,lda 14`1 Z,; x (239)2524 130; Asp.lsted`li"steni ,g.ti i,ces� r the � e r�'in i; r + ir`ed :e % I,lable rel, the Cotin,iytmrt`►issi,r�ers' si'e; ..C{�LI�IER C+�iJNT"�. I=L�RIC�A GE0Adli X MLLER,,ESQ. CHA1RiNOMAN TUD A li -?1,28126x 15�3 <--:�q��Oosf'offmpos �Tu-p ire N0.2005107 - •V 1") t NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby, ghren that On TUESDAY, December 10, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiaml Trail; les Florida the Board of County Commissioners will consider the 8 enactment of a�txtry Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows, AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 200441, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS THE COCOHATCHEE RIVER TRUST PLANNED UNIT DEVELOPMENT (PUD) WHICH IS HENCEFORTH TO BE KNOWN AS THE BAY FfOUSE CAMPUS CPDD, TO REMOVE THE SPECIAL TREATMENT OVERLAY AND TO ALLOW 400 SEATS OF RESTAURANT/COCKTAIL LOUNGE, A 50 ROOM HOTEL OR MOTEL, ANO 4,500 SQUARE FEET OF GROSS .° FLOOR, AREA OF ACCESSORY RETAIL USES INCLUDING A CULINARY SCHOOL, ` SPECIALTY RETAIL AND RESTAURANTiRREw Nratcc nu ounec.ry 1—ft — I wnararew W 5.01 +r- ALKtX PROVIDING FOR THE. REPEAL OF ORDINANCE NUMBER W306 THE COCOHATCHEE RIVER TRUST PUD;. AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-A-PL-201200o1593) Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda tem to be addressed Individual speakers wi be limited to 3 minutes on any tem. The selection- of an individual to speak on behalf of • an organization or 'group is encouraged If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing, in any case, written materials intended to be considered by the Board, shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the, Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedin ng thereto and therefore, may need to ensure that a verbatim record of the pprrorxedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamfami Trail East, Building W, Naples, Florida 34112, (239)252-8380,. Assisted listening devices for the hearingimpaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - - GEORGIA A. MILLER, ESQ. CHAIRWOMAN DWKiNTV. BROCK, CLERK By. Martha Vergara, Deputy Clerk (SEAL) Nrnnmbnr 20. 2011 No 0072 Naples Daily News Naples, FL 34110 17 13 Affidavit of Publication Naples Daily News --------------------------------------------------+-- ---- - BCC/ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 REFERENCE: 068779 4500140024 59733419 NOTICE OF INTEN` State of Florida County of Collier Before the undersigned authority, p( appeared Robin Calabrese, who on oath' she serves as the Advertising Director Naples Daily News, a daily newspaper j Naples, in Collier County, Florida: attached copy of advertising was publ newspaper on dates listed. Affiant further says that the said ] News is a newspaper published at Napll Collier County, Florida, and that the newspaper has heretofore been continu( published in said Collier County, Flo - day and has been entered as second cls matter at the post office in Naples, Collier County, Florida, for a period next preceding the first publication < attached copy of advertisement; and a further says that he has neither paid promised any person, firm or corporat- discount, rebate, commission or refunc purpose of securing this advertisement publication in the said newspaper. PUBLISHED ON: 11/20 AD SPACE: 98 LINE FILED ON: 11/20/13 -------------------C'-------------- Signature of Affiant Sworn to and Subscribed "before 1*9 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, December 10, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT' PREVIOUSLY KNOWN AS THE COCOHATCHEE RIVER TRUST PLANNED UNIT DEVELOPMENT (PUD) WHICH IS HENCEFORTH TO BE KNOWN AS THE BAY HOUSE CAMPUS CPUD, TO REMOVE THE SPECIAL TREATMENT OVERLAY AND TO ALLOW 400 SEATS OF RESTAURANT/COCKTAIL LOUNGE, A 50 ROOM HOTEL OR MOTEL, AND 4,500 SQUARE FEET OF GROSS FLOOR AREA OF ACCESSORY RETAIL USES INCLUDING A CULINARY SCHOOL, SPECIALTY RETAIL AND RESTAURANT/BREW HOUSE ON PROPERTY LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.67 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 88-30, THE COCOHATCHEE RIVER TRUST PUD; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-A-PL-20120001593] Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If t recognized by he Chairman; a spokesperson for a group or organization may be allotted 10 mmutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,-"ritten materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedinfgs pertaining thereto and therefore, may need to ensure that a verbatim record o) the proceedings is nade, which record, includes the testimony and evidence upon which the appeal isbased. If you are a person with a disability who needs any accommodation in order to partici ate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please ccntact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ. CHAIRWOMAN; DWIGHT E. BROCK, CLERK 7-7 By: Martha Vergara, Deputy Clerk (SEAL) November 20. 2013 N, 2007244 --------- +------------------ - - - - - - day o'�C�� Personally known by me UUV ] WJ,,U ,• ; ►CAROL POI IDORA - *: MY COMMISSION N EE 851758 =�• ... ` ` EXPIR �ES: November 28, 2014 ' p � , �. Bonded Thru Pkhard Insurance Agency ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT D Print on pink paper. Attach to original document. The completed routing slip and original documents are�to be forwarded to the ounty Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #2, complete the checklist, and forward to the Countv Attomev Office. Route to Addressees (List in routing order) Office Initials Date 1. T \ (Initial) 1 2. 12/10/13 V Agenda Item Number 17.13 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners Number of Original 2��3 5. Minutes and Records Clerk of Court's Office s PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. I Name of Primary Staff Kay Desele --- 7 Phone Number 252-293 Contact / Department T \ (Initial) Applicable) Agenda Date Item was 12/10/13 V Agenda Item Number 17.13 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, Type of Document OrdinanceaO ` 3 ! �S Number of Original I Attached , Original document has been signed/initialed for legal sufficiency. (All documents to be Documents Attached PO number or account signed by the Chairman, with the exception of most letters, must be reviewed and signed number if document is by the Office of the County Attorney. to be recorded All handwritten strike -through and revisions have been initialed by the County Attorney's - INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Rev�.,11/30/12 Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 1rIJ 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be 1r19 signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's - Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the 419 document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SID signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip 0 should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on December 10, 2013and all changes made 0 during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for t \ , Chairman's signature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Rev�.,11/30/12 MEMORANDUM Date December 17, 2013 To: Kay Deselem, Principal Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2013-65, Bay House Campus CPUD Attached for your records is a copy of the Ordinance referenced above (Item #17B) adopted by the Board of County Commissioners on Tuesday, December 10, 2013. If you have any questions, please call me at 252-8406. Thank you. Attachment ORDINANCE NO. 13- 65 17B AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS THE COCOHATCHEE RIVER TRUST PLANNED UNIT DEVELOPMENT (PUD) WHICH IS HENCEFORTH TO BE KNOWN AS THE BAY HOUSE CAMPUS CPDD, TO REMOVE THE SPECIAL TREATMENT OVERLAY AND TO ALLOW 400 SEATS OF RESTAURANT/COCKTAIL LOUNGE, A 50 ROOM HOTEL OR MOTEL, AND 4,500 SQUARE FEET OF GROSS FLOOR AREA OF ACCESSORY RETAIL USES INCLUDING A CULINARY SCHOOL, SPECIALTY RETAIL AND RESTAURANT/BREW HOUSE ON PROPERTY LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.67 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 88-30, THE COCOHATCHEE RIVER TRUST PUD; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-A-PL20120001593] WHEREAS, Alexis Crespo, AICP of Waldrop Engineering, P.A. representing Bay House Campus, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to repeal Ordinance 88-30, the Cocohatchee River Trust Planned Unit Development, and rezone the subject 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 21, Township 48 South, Range 25 East, Collier County, Florida, is changed from a Planned Unit Development (PUD) zoning district to a Commercial Planned Unit Development (CPDD) zoning district for a project to be known as the Bay House Campus CPUD, and the Special Treatment Overlay, is removed to allow 400 seats of restaurant/cocktail lounge, a 50 room hotel or motel and 4,500 square feet of gross floor area of accessory retail uses including a culinary school, specialty retail and restaurant/brew house in accordance with the Bay House Campus CPUD attached hereto as Exhibits "A" through "F" and incorporated by reference herein. The Bay House Campus CPUD Page 1 of 2 PUDZ-A-PL20120001593 — rev. 10/8/13 G 17B appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 88-30, known as the Cocohatchee River Trust Planned Unit Development is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this &— day of I, 2013. ATTEST: DWIGHT E 'BROOK, CLERK - -';4 By: 2 Wr-(, �C By: Dei. `attest as to -Chairman's signature only. Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A – List of Permitted Uses BOARD OF COUNTY COMMISSIONERS Exhibit B – Development Standards Exhibit C – Master Plan Exhibit D – Legal Description Exhibit E – List of Requested Deviations Exhibit F – Development Commitments 12 -CPS -01191 X26 Bay House Campus CPUD Page 2 of 2 PUDZ-A-PL20120001593 —rev. 10/8/13 , FLORIDA RGEA A. HILLER, ESQ. Chairwoman This ordinance filed with the *e retary of tote's O�ttice the day of ., ; uf'. - — _301S and acknowledgem�'pt �f that fili eived this (� "� day Of I� By G EXHIBITA 178 LIST OF PERMITTED USES BAY HOUSE CAMPUS CPUD PERMITTED 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, as limited by Section III of this Exhibit A: 1. Campus Tract A. Principal Uses and Structures: 1. Hotel, motel and transient lodging— maximum of 50 rooms (Group 7011) 2. Eating establishments (Group 5812) —maximum of 400 seats Any other principal and related use that is determined to be comparable to the foregoing by the Hearing Examiner or Board of Zoning Appeals pursuant to the process outlined in the Land Development Code (LDC). B. Accessory Uses: 1. Boats (All subject to LDC Section 5.03.06): Boat rental Boat slips (limited to 9 slips) Kayak and canoe launch Kayak and canoe storage 2. Two (2) caretaker's residences (subject to LDC Section 5.03.05) 3. School, commercial (Group 8299). Limited to culinary school accessory not to exceed 4,500 square feet. 4. Uses and structures that are accessory and incidental to the principal hotel and restaurants uses, including but not limited to the following recreational, retail and personal service uses: administrative offices, ATM (automatic teller machine), apparel and accessory stores, barber shops (excluding barber schools), beauty shops (excluding beauty schools), boardwalks and nature trails, book stores, camera & photographic supply stores, child day care services, drugstore, drinking establishments (excluding bottle clubs), educational kiosks and shelters, entry gates & gatehouse, essential services, fences, walls, food store, florists, gift and souvenir shop, jewelry store, museum & art galleries, parking lot, personal service establishments, entertainment facilities, and meeting rooms and auditoriums, physical fitness facilities, recreational uses and facilities, including swimming pools, tennis courts, volleyball courts, chickees huts/bars, and gazebos. Any other accessory use and related use that is determined to be comparable to the foregoing by the Hearing Examiner or Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC). Accessory uses are for the exclusive use of hotel and restaurant patrons and shall not be advertised to the public via on-site or off-site signage, with the exception of the culinary school, which is open to the public and may be advertised in accordance with the LDC and the provisions of the PUD stated herein. BAY HOUSE CAMPUS — PUDZ-A-PL2012-1593 Page 1 of 8 Last Revised: October 8, 2013 G II. Preserve Tract A. Principal Uses & Structures HN Passive recreational uses limited to the following, as long as any clearing required to facilitate the uses does not impact the minimum required preserve. 1. Boardwalks and nature trails (excluding asphalt paved trails) 2. Benches for seating 3. Educational kiosks 4. Signs 5. Viewing platforms 6. Water management facilities 7. Inclement weather shelters without walls 8. Any other preserve and related open space activity or use which is comparable in nature with the foregoing uses and which the Hearing Examiner or Board of Zoning Appeals determines to be compatible with the preserve area. III. Development Intensity Development intensity is limited to a 50 -room hotel, 400 -seat restaurant(s)/cocktail lounge(s), and 4,500 square feet of accessory commercial uses within the CPUD. Accessory uses for the exclusive use of hotel and restaurant patrons are not subject to the 4,500 square foot limitation. The gross project area is 8.67 ± acres. No residential density is permitted, except for the caretakers residences. BAY HOUSE CAMPUS — PUDZ-A-PL2012-1593 Page 2 of 8 Last Revised: October 8, 2013 NO EXHIBIT B 176 DEVELOPMENT STANDARDS BAY HOUSE CAMPUS CPUD Development of the Bay House Campus CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district shall apply. Table I below sets forth the development standards for land uses within the Bay House Campus 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. SPS= Same as Principal Structure *0' setback is permitted for fences or retaining walls permitted as part of the stormwater management system, pathways, and other structures allowed within the preserves tract pursuant to Exhibit A and LDC Sec. 3.05.07.H.1.h.iii BAY HOUSE CAMPUS — PUDZ-A-PL2012-1593 Page 3 of 8 Last Revised: October 8, 2013 TABLE I DEVELOPMENT STANDARDS PERMITTED USES AND STANDARDS Principal Structures Accessory Structures Min. Lot Area N/A N/A Min. Lot Width N/A N/A SETBACKS (EXTERNAL) From US 41 R -O -W 40 ft. 25 ft. From Walkerbilt Rd. R -O -W 40 ft. 25 ft. Cocohatchee River 30 ft. 0 ft. Western Property Line 50 ft. SPS SETBACKS (INTERNAL) Internal Access Easements 15' SPS Side 10' 5' Rear 15' 10' Preserves* 0'/25' 01/10' Min. Distance Between Structures 30' 5' MAXIMUM BUILDING HEIGHT Zoned 50' 35' Actual 75' 45' SPS= Same as Principal Structure *0' setback is permitted for fences or retaining walls permitted as part of the stormwater management system, pathways, and other structures allowed within the preserves tract pursuant to Exhibit A and LDC Sec. 3.05.07.H.1.h.iii BAY HOUSE CAMPUS — PUDZ-A-PL2012-1593 Page 3 of 8 Last Revised: October 8, 2013 EXHIBIT C - CPUD MASTER PLAN 178 6A( o � � � m�� 8 � 36 � ° C rn FO V � w a c7 if Ft N r m µ µ µ � M m L" A W gN 1 1 M �'�gF �o mm � Q(Q Gl CD_ y _ZUl A—D 44 m 2 O NO nol >0 ��? Zm �yy R;F Smg� -"m Imm Ill �Zw > 9� gm go C O Dz "m C' 'off z T�-` �' vo 0 rn —$m O j rCD a 4z m Z� (yCCo�'c z c� m c �m c N Ji -1 <v �i o — -n m C2 mo�nyv -icc Mi Z ,n In ° o Drtl A t >; o�z� IBX m. Op F- 2 �m H � �m�; Its g `I f� E M CP T R i P 4 O �m50 mm4 co OE 8A 9.p m° ro Ln F h Y k y 4 SS = I C z► m m 4 TAMIAMI TRAIL/U.S. 41 (1 5W R.O.W.) 00 xS FPF Wtz � BAY HOUSE CAMPUS - PUDZ-A-PL2012-1593 Page 4 of 8 Last Revised: October 8, 2013 EXHIBIT D 17 B LEGAL DESCRIPTION BAY HOUSE CAMPUS CPUD BEING ALL OF TRACT 1, BAY HOUSE REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 50, PAGES 14 AND 15 TOGETHER WITH ALL OF TRACTS 2 AND 3, COCOHATCHEE RIVER TRUST P.U.D., ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 18, PAGES 97 AND 98 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ALL LYING WITHIN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 377,623 SQUARE FEET OR 8.67 ACRES, MORE OR LESS. BAY HOUSE CAMPUS — PUDZ-A-PL2012-1593 Page 5 of 8 Last Revised: October 8, 2013 EXHIBIT E 17 B LIST OF REQUESTED DEVIATIONS FROM LDC BAY HOUSE CAMPUS CPUD Deviation No. 1: Deviation from LDC Section 4.04.02 which requires all commercial projects to provide interconnections and shared access to adjacent properties. The requested deviation is to allow for the existing interconnections to the commercial retail property to the southeast only, as shown on the CPUD master plan. Deviation No. 2: Deviation from LDC Section 4.05.04.H, which requires 218 parking spaces based upon the proposed mix of principal and accessory uses, to allow for a 10% reduction to required parking spaces for the project. The number of required parking spaces is subject to change at the time of SDP or PPL based upon final square footage of uses. Deviation No. 3: Deviation from LDC Section 5.04.06.A.3.d, which allows temporary signs on nonresidential or mixed use properties up to 32 square feet in area and 8 feet in height. The requested deviation is to allow a temporary sign or banner up to 48 square feet in area and a maximum of 12 feet in height. The sign shall be limited to 28 calendar days per year. Deviation No. 4: Deviation from LDC Section 5.06.04.G.2.a, which allows off -premise directional signage up to 12 square feet in size. The requested deviation is to allow for one (1) off -premise directional signage up to 16 square feet in size. Deviation No. 5: Deviation from LDC Section 6.06.02.A.2, which requires developments to provide 5' -wide sidewalks on both sides of private rights-of-way or easements internal to the site. The requested deviation is to allow a 5' -wide sidewalk on the northern side of the easement that connects the development area to US 41. Deviation No. 6: Deviation from LDC Section 5.05.08.F, which prohibits project sites with more than one building where the aggregate gross building area is 20,000 square feet or more from undergoing the administrative determination of deviation process, to allow the project site to qualify for administrative determination of deviations where the aggregate gross building area is 70,000 square feet. BAY HOUSE CAMPUS — PUDZ-A-PL2012-1593 Page 6 of 8 Last Revised: October 8, 2013 0 EXHIBIT F DEVELOPMENT COMMITMENTS BAY HOUSE CAMPUS CPUD 1. PURPOSE 17 B The purpose of this Section is to set forth the general development commitments for the project. 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 Bay House Campus, LLC. 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 is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. PUD MASTER PLAN Exhibit "C", PUD 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 site development plan approval in accordance with the LDC. 3. UTILITIES 3.1 The project shall connect to the Collier County Water Sewer District (CCWSD) potable water system at a location determined by CCWSD when capacity is available. 3.2 The project shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD when capacity is available. 4. TRANSPORTATION 4.1 The developer, its successors or assigns shall provide a fair share contribution toward the capital costs of traffic signals on U.S. 41 at the project access and at Walkerbilt Road if and when deemed warranted by Collier County. The signals shall be owned, operated and maintained by Collier County. 4.2 The developer, its successors or assigns shall be responsible for required improvements to Walkerbilt Road, including widening, as warranted by County land development regulations for this roadway to accommodate the traffic for this project and shall be initiated within 90 days of the County's request, as applicable. Walkerbilt Road improvements, if warranted shall be BAY HOUSE CAMPUS — PUDZ-A-PL2012-1593 Page 7 of 8 Last Revised: October 8, 2013 17B permitted as part of a Development Order improvement process (PPL or SDP), or approved as a Right -of -Way Permit. S. ENVIRONMENTAL 5.1 The project shall provide a minimum of 1.64 acres of on-site native habitat preservation in compliance with the Growth Management Plan. Any clearing required to facilitate passive recreational uses shall not impact the minimum required preserve. 5.2 Little Blue Heron, Snowy Egret, and White Ibis have been documented on the property. Management plans for these species shall be submitted in accordance with the procedures and requirements of the Land Development Code. 6. ARCHAEOLOGY & HISTORICAL RESOURCES 6.1 A certified archaeologist shall be on-site during excavations. BAY HOUSE CAMPUS — PUDZ-A-PL2012-1593 Page 8 of 8 Last Revised: October 8, 2013 0