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Backup Documents 02/28/2012 Item #17A17A i COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: GMD /Zoning Person: Fred Reischl, Senior Planner Date: February 6, 2012 Petition No. (If none, give brief description): PL20110002649 Petitioner: (Name & Address): John N. Brugger, Esq.; Forsyth & Brugger, P.A.; 6005 th Av South, Suite 207; Naples, FL 34102 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Livingston and Pine, Ridge LLC; 78 NE 6`" Av, Suite 101; Delray Beach, FL 33483 Hearing before BCC X BZA Other Requested Hearing date: Tuesday, February 28, 2012. Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: 0- 00000 Reviewed by: o r4719 Division Administrator or Designee Date List Attachments: 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: Z` � Date Advertised: W —q'!ol February 6, 2012 Board of County Commissioners Public Hearing Advertising Requirements 17Q @4 Please publish the following Advertisement on February 9 2012, and furnish proof of publication to the attention of Fred Reischl, Senior Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 NOTICE OF PUBLIC HEARING 17 A Notice is hereby given that on Tuesday, February 28, 2012, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of Zoning Appeals (BZA) will consider the enactment of a Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: PL- 2011 -2649 Recommendation that the Board of Zoning Appeals approve a proposed land use for a dental office as a permitted use in the Baldridge PUD (Ordinance Number: 02 -55). [Coordinator: Fred Reischl, AICP, Senior Planner] A copy of the proposed Ordinance is on file with the Clerk to the Board and is 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 manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any 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 materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any 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 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, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) 17q Ann P. Jennejohn From: Ann P. Jennejohn Sent: Monday, February 06, 2012 11:24 AM To: Rodriguez, Wanda Cc: Neet, Virginia Subject: PL20110002649 BCC Legal Ad Tracking: Recipient Delivery Rodriguez, Wanda Delivered: 2/6/2012 11:24 AM Neet, Virginia Hi Wanda and Dinny, Delivered: 2/6/2012 11:24 AM Say, I was going to request that NON run Fred Reischl's BCC legal ad this Friday, but then I looked at it and I'm not sure what I'm advertising. Do either one of you girls have any additional information or does it look familiar to you? Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) 17q Ann P. Jennejohn From: ReischlFred <FredReischl @colIiergov.net> Sent: Monday, February 06, 2012 12:09 PM To: Neet, Virginia; Ann P. Jennejohn Cc: Williams, Steven; Bonham, Gail Subject: RE: PL20110002649 BCC Legal Ad Attachments: Resolution - rev 020312.docx Sorry about the confusion. This is the "first of its kind ". It is a determination by the BZA that a use is permitted by a section of the PUD. We had someone apply for one years ago, but it was withdrawn before it got to this stage. Steve determined that it needed to be advertised 15 days prior to the hearing. Attached is the draft Reso, if that helps. Please let me know if anyone needs additional clarification and I will try my best... Thanks again! -Fred Fred Reischl, AICP Senior Planner Collier County Growth Management Division Phone: 239 - 252 -4211 Fax: 239 - 252 -2834 s reA aid From: BonhamGail Sent: Monday, February 06, 2012 11:40 AM To: ReischlFred Cc: WilliamsSteven Subject: FW: PL20110002649 BCC Legal Ad Fred, can you help out here? -`a%% ,6o.rtIt-am Gail Bonham, Legal Secretary to Heidi Ashton- Cicko, Section Chief, Land UsetTranspoilation Steven. T. Williams, Assistant County Attorney Office of the County Attorney (239) 252 -2939 - Telephone (239) 252 -6300 - Facsimile gailbonham(iDcolliergov.net I 17A ' Ann P. Jennejohn From: WilliamsSteven <StevenWilliams @colliergov.net> Sent: Monday, February 06, 2012 11:36 AM To: Neet, Virginia Cc: Rodriguez, Wanda; Ann P. Jennejohn; Bonham, Gail Subject: RE: PL20110002649 BCC Legal Ad I believe from speaking with Fred and Ray that this will be a matter of first impression to the Board as Ray does not recall ever presenting such an item to the BCC. It will be a Resolution I believe. The Resolution will be to allow one additional SIC Code (Dentistry) to a PUD (Corner of Pine Ridge and Livingston center) that has similar permissible uses. Steve Steven T. Williams Assistant County Attorney Collier County 3290 East Tamiami Trail, Suite 800 Naples, Florida 34112 Tel: 239 - 2528400 Fax: 2392526300 From: NeetVirginia Sent: Monday, February 06, 2012 11:32 AM To: WilliamsSteven Cc: RodriguezWanda; Ann P. Jennejohn; BonhamGail Subject: FW: PL20110002649 BCC Legal Ad Steve: See attached and Ann's questions below. Is this an ordinance or a resolution ? ?? Dinny From: Ann P. Jennejohn Imailto:Ann.Jennejohn @ collierclerk.coml Sent: Monday, February 06, 2012 11:24 AM To: RodriguezWanda Cc: NeetVirginia Subject: PL20110002649 BCC Legal Ad Hi Wanda and Dinny, Say, I was going to request that NON run Fred Reischl's BCC legal ad this Friday, but then I looked at it and I'm not sure what I'm advertising. Do either one of you girls have any additional information or does it look familiar to you? 1 17A RESOLUTION NO. 2012- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA APPROVING A DENTAL OFFICE AS A PERMITTED USE IN THE BALDRIDGE PUD. THE SUBJECT PROPERTY IS LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the rezoning of land to Planned Unit Development (PUD); and WHEREAS, on November 5, 2002, by Ordinance 2002 -55, the Board of County Commissioners of Collier County approved a Planned Unit Development (PUD) known as the Baldridge PUD (Exhibit A) for the subject property; and WHEREAS, Section 3.3.a of the Baldridge PUD provides for certain permitted uses, including Subsection 3.3.a.33, "Any other general commercial use, which is comparable in nature with the foregoing uses, including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals "; and WHEREAS, the Petitioner requests a determination by the Board of Zoning Appeals that a dental office is a permitted use in the Baldridge PUD according to Section 3.3.x.33 of the PUD; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered granting the request by Livingston and Pine Ridge, LLC, for the permitted use. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: (1) A dental office is a permitted use in the Baldridge PUD, according to Section 3.3.x.33 of the we Baldridge PUD / PL2011 -2649 Rev. 2/3/12 1 of 2 17A BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of , 2012. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: DRAFT Steven T. Williams Assistant County Attorney Attachment: Exhibit A — Baldridge PUD CP \1 1- CPS - 01135 \12 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: Baldridge PUD / PL2011 -2649 Rev. 2/3/12 2 of 2 FRED W. COYLE, Chairman Ann P. Jennejohn From: Ann P.lennejohn Sent: Monday, February 06, 2012 3:10 PM To: Reischl, Fred; Williams, Steven; Bonham, Gail Cc: Neet, Virginia; Rodriguez, Wanda Subject: PL20110002649 Legal Advertising Attachments: PL20110002649.doc Tracking: Recipient Reischl, Fred Williams, Steven Bonham, Gail Neet, Virginia Rodriguez, Wanda Hi there, Delivery Delivered: 2/6/2012 3:11 PM Delivered: 2/6/2012 3:11 PM Delivered: 2/6/2012 3:11 PM 17q I'd better get your preliminary approval on what I was going to send to NON for that PL20110002649 Notice. I was going to have them advertise the title of the BZA Resolution. Could you please review the attached and let me know what you'd like me to change? Thank you O Ann Jenne john, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) 1 PO 17A NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, February 28, 2012, in the Board of County Commissioners Meeting Room, Third Floor, Collier County Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) as the Board of Zoning Appeals, will consider the enactment of a Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, APPROVING A DENTAL OFFICE AS A PERMITTED USE IN THE BALDRIDGE PUD. THE SUBJECT PROPERTY IS LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [COORDINATOR: FRED REISCHL, AICP, SENIOR PLANNER] A copy of the proposed Resolution is on file with the Clerk to the Board and is 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 manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any 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 materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any 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 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, Suite 101, Naples, FL 34112 -5356, (239) 252- 8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 17A Ann P. Jennejohn From: WilliamsSteven <StevenWilliams @colliergov.net> Sent: Monday, February 06, 2012 3:18 PM To: Ann P. Jennejohn Subject: RE: PL20110002649 Legal Advertising Works for me. Steve Steven T. Williams Assistant County Attorney Collier County 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 Tel: 239252. -8400 Fax: 239 - 252 -6300 From: Ann P. Jennejohn [mailto: Ann .Jennejohn(a�colliercierk.com1 Sent: Monday, February 06, 2012 3:10 PM To: ReischlFred; WilliamsSteven; BonhamGail Cc: NeetVirginia; RodriguezWanda Subject: PL20110002649 Legal Advertising Hi there, I'd better get your preliminary approval on what I was going to send to NON for that PL20110002649 Notice. I was going to have them advertise the title of the BZA Resolution. Could you please review the attached and let me know what you'd like me to change? Thank you O Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk0collierclerk.com Ann P. Jennejohn 17A From: ReischlFred <FredReischl @coiliergov.net> Sent: Monday, February 06, 2012 3:24 PM To: Ann P. Jennejohn; Williams, Steven; Bonham, Gail Cc: Neet, Virginia; Rodriguez, Wanda Subject: RE: PL20110002649 Legal Advertising Thanks, that looks great. Thanks for adding "BCC as the BZA ". From: Ann P. Jennejohn [ mailto: Ann.Jennejohn(a)collierclerk.co J Sent: Monday, February 06, 2012 3:10 PM To: ReischlFred; WilliamsSteven; BonhamGail Cc: NeetVirginia; RodriguezWanda Subject: PL20110002649 Legal Advertising Hi there, I'd better get your preliminary approval on what I was going to send to NON for that PL20110002649 Notice. I was going to have them advertise the title of the BZA Resolution. Could you please review the attached and let me know what you'd like me to change? Thank you O Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodeskCacollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the Coil ierClerk. com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records, If you do not want your e -mail address released in response to a public recd d� t send � rds request, do not sene3 electronic mail to this entity. Instead, contact this office b telephone or in writing. ]7A • Acct. #068779 February 7, 2012 Attn: Legals Naples Media Group 1100 Immokalee Road Naples, Florida 34110 Re: PL20110002649, Baldridge PUD Proposed Land Use Dear Legals, Please advertise the above referenced notice on Thursday, February 9, 2012 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500131207 17Q NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, February 28, 2012, in the Board of County Commissioners Meeting Room, Third Floor, Collier County Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) as the Board of Zoning Appeals, will consider the enactment of a Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, APPROVING A DENTAL OFFICE AS A PERMITTED USE IN THE BALDRIDGE PUD. THE SUBJECT PROPERTY IS LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [COORDINATOR: FRED REISCHL, AICP, SENIOR PLANNER] A copy of the proposed Resolution is on file with the Clerk to the Board and is 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 manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any 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 materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any 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 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, Suite 101, Naples, FL 34112 -5356, (239) 252- 8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 17A Ann P. Jennejohn From: Ann P. Jennejohn Sent: Tuesday, February 07, 2012 8:31 AM To: Naples Daily News Legals Subject: PL20110002649 Baldridge PUD Attachments: PL20110002649.doc; PL20110002649.doc Please advertise the attached on Thursday, February 9, 2012. Thank you very much! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) 17A Ann P. Jennejohn From: postmaster @coIIierclerk.com To: Naples Daily News Legals Sent: Tuesday, February 07, 2012 8:31 AM Subject: Relayed: PL20110002649 Baldridge PUD Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Naples Daily News Legals <mai Ito: legals @naplesnews.com> Subject: PL20110002649 Baldridge PUD Ann P. Jennejohn From: Green, Amy <AGreen @Naplesnews.com> Sent: Tuesday, February 07, 2012 8:44 AM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS334D jpg Please provide approval by 9:00am on for publication on Thursday. Thank You, Naples News Legals Thank you for placing your ad. Date 02/07/12 Publication NON Account Number 744102 Ad Number 1934945 Total Ad Cost $254.22 1 17A 17A NOTICE 'OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, February 28, 2012, in the Board of County Commissioners Meeting Room, Third Floor, Collier County Government Center, 3299 EastTamiami Trail, Naples FL., the Board of Coumy Commissioners (BCC) as the Board of Zoning Appeals, will consider the enactment of a Resolution. The meeting will commence at 9 :00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, APPROVING A DENTAL OFFICE ASA PERMI1 II: USE IN THE BALDRIDGE PUD. THE SUBJECT PROPERTY 1S LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 1COORDINATOR. FRED REISCHL, AICP, SENIOR PLANNER[ A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection, All interested parties are invited to attend and be hearts.. NOTEr All persons_ wishing to speak on an), agenda Item must reg�i��ster with the County manager prior to ppresentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any Individual to speak on behalf of an organization or group is encouraged., 11 ' recognized by the Chairman, a spokesperson for a group or organization maybe 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 ubwlic hearing, In any case, written materials intended to be considered by the ard shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who derides to appeal any 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 record includes the testimony and evidence upon which the appeal is Lased. 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 Col[ier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 341 12-5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN OWIGHT E. BROCK,'CLERK By.- lennejohn, Deputy Clerk 2012 No, 17A Ann P. Jennejohn From: WilliamsSteven <StevenWilliams @colliergov.net> Sent: Tuesday, February 07, 2012 9:29 AM To: Ann P. Jennejohn; Neet, Virginia; Rodriguez, Wanda Cc: Reischl, Fred Subject: RE: Ad Confirmation There is no set "form" for this one as the Board has never heard one of these. Approved. Steve Steven T. Williams Assistant County Attorney Collier County 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 Tel: 239 - 252 -8400 Fax: 239-252-6300 - - - -- Original Message---- - From: Ann P. Jennejohn [mai Ito: Ann.Jenneiohn @ colIierclerk.coml Sent: Tuesday, February 07, 2012 9:27 AM To: NeetVirginia; RodriguezWanda Cc: ReischlFred; WilliamsSteven Subject: FW: Ad Confirmation Good Morning, Please review the attached legal ad for PL20110002649, scheduled to run in the paper this Thursday (February 9) for the Board Meeting on February 28, 2012. I need to send them an "o.k." right away. Thank you, Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) -- Original Message - - - -- 17 Ann P. Jennejohn From: ReischlFred <FredReischl @colliergov.net> Sent: Tuesday, February 07, 2012 9:30 AM To: Ann P. Jennejohn; Neet, Virginia; Rodriguez, Wanda Cc: Williams, Steven Subject: RE: Ad Confirmation Looks good! Thanks, all! - - - -- Original Message---- - From: Ann P. Jennejohn [ mai Ito: Ann .Jenne_john@coIlierclerk.coml Sent: Tuesday, February 07, 2012 9 :27 AM To: NeetVirginia; RodriguezWanda Cc: ReischlFred; Williams5teven Subject: FW: Ad Confirmation Good Morning, Please review the attached legal ad for PL20110002649, scheduled to run in the paper this Thursday (February 9) for the Board Meeting on February 28, 2012. I need to send them an "o.k." right away. Thank you, Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) - - - -- Original Message---- - From: Green, Amy (mai Ito: AGreen@ Nap lesnews.coml Sent: Tuesday, February 07, 2012 8:44 AM To: Ann P. Jennejohn Subject: Ad Confirmation Please provide approval by 9:OOam on for publication on Thursday. Thank You, 6f C61lier CLERK OF THE CIRC Dwight E. Brock COLLIER COUNTYFOUI Clerk of Courts 3301 TAMIAMI IL P.O. BOX 4 3044 NAPLES, FLORIDA 141 February 7, 2012 John N. Brugger, Esquire Forsyth & Brugger, PA 600 5th Avenue South, Suite 207 Naples, FL 34102 IT COURT I T SST Clerk of Courts Accountant Auditor Custodian of County Funds 17A Re: PL20110002649, Baldridge PUD Proposed Land Use Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, February 28, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, February 9, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann J e nn�nejj , Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com fo�nty o collier 4. CLERK OF THE C- �RCUIT Dwight E. Brock COLLIER COUNTY,COURIHOU Clerk of Courts 3301 TAMIAMI EST P.O. BOX 4 �AIL 044 \ NAPLES, FLORIDk 4101 -3 44 February 7, 2012 Livingston and Pine Ridge, LLC 78 NE 6th Avenue, Suite 101 Delray Beach, FL 33483 COURT SE Re: PL20110002649, Baldridge PUD Proposed Land Use Dear Petitioner: 17A Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Collier County Board of County Commissioners, as the Collier County Board of Zoning Appeals, on Tuesday, February 28, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, February 9, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK akw - a Ann Jenny' , Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk @collierclerk.com LU a Z Z L m 0 L,; E w EA x o a�� roc Ti' t O r' U oz u W oF� �a �o Uo•� a� �iU v .e'~' ro W U a z W E O 1�1 �G L o f11 A u u CO r 17A N 1 � -1 - O y p m = ao o aoo: -= z a m N Q Lt. * ' — OWO - W FJF v m 2QW v = tCaJ _ 4 DWO ct _ U m 0 t-> tC WH2 a O _ = to Q W O 0 — ... pc H z C% r H U r z m � 1 to W c 00 y l� ill s�• l Tr NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Debbie Landreth, who on oath says that she serves as the Controller of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on February 9, 2012 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose_ of securing this advertisement for publication in the said newspaper. igndture df affiant) 17A NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, February 28, 2012, in the Board of County Commissioners Meeting Room, Third Floor, Collier County Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) as the Board of Zoning Appeals, will consider the enactment of a Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, APPROVING A DENTAL OFFICE AS A PERMITTED USE IN THE BALDRIDGE PUD. THE SUBJECT PROPERTY IS LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [COORDINATOR: FRED REISCHL, AICP, SENIOR PLANNER] A copy of the proposed Resolution is on file with the Clerk to the Board and is 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 manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any 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 resppective 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 materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any 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 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, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk Sworn to and subscribed before me (SEAL) This 10th day of February, 2012 Febnian, 9 201 � a4,IL�,t f— RGMCI�AQ (Signature of notary public) y PUB��.�� KAROL E KANGAS Notary Public - State of Florida My Comm. Expires Jul 29, 2013 Commission # DD 912231 "411.0 pill ORIGINAL DOCUMENTS CHECKLIST & ROUTING TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T* THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 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 #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. a ro riate. (Initial) Applicable) 2. February 28, 2012 Agenda Item Number 17.A. 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution • 3 Number of Original 1 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached �- Z9 (L 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Ian Mitchell, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Fred Reischl Phone Number 252 -4211 Contact a ro riate. (Initial) Applicable) Agenda Date Item was February 28, 2012 Agenda Item Number 17.A. Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution • 3 Number of Original 1 Attached I Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, F� resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's fiP Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the F� document or the final negotiated contract date whichever is applicable 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's f� signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip fP should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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! 6. The document was approved by the BCC February 28, 2012 and all changes made during the meeting have been incorporated in the attached document. The County /A Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17A MEMORANDUM Date: March 2, 2012 To: Fred Reischl, Senior Planner Comprehensive Planning Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2012 -33: Approving the proposed land use for a dental office in the Baldridge PUD (Ordinance 2002 -55) Attached for your records is a copy of the Resolution reference above, (Item #17A) adopted by Collier County's Board of County Commissioners on February 28, 2012. I have also included an original Affidavit of Publication from the Naples Daily News confirming an official public hearing notice was published. If you have any questions, please call me at 252 -8406. Thank you. Attachment 17A RESOLUTION NO. 2012- 3 3 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA APPROVING A DENTAL OFFICE AS A PERMITTED USE IN THE BALDRIDGE PUD. THE SUBJECT PROPERTY IS LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the rezoning of land to Planned Unit Development (PUD); and WHEREAS, on November 5, 2002, by Ordinance 2002 -55, the Board of County Commissioners of Collier County approved a Planned Unit Development (PUD) known as the Baldridge PUD (Exhibit A) for the subject property; and WHEREAS, the Baldridge PUD does not currently expressly contain the Standard Industrial Classification (SIC) code for dental offices; and WHEREAS, Section 3.3.a of the Baldridge PUD provides for certain permitted uses, including Subsection 3.3.a.33, "Any other general commercial use, which is comparable in nature with the foregoing uses, including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals "; and WHEREAS, the Petitioner requests a determination by the Board of Zoning Appeals that a dental office is a permitted use in the Baldridge PUD according to Section 3.3.a33 of the PUD; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered granting the request by Livingston and Pine Ridge, LLC, for the permitted use. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Baldridge PUD / PL2011 -2649 Rev. 2/08/12 1 of 2 OD Board. 17A (1) A dental office is a pemlitted use in the Baldridge PUD, according to Section 3.3.x.33 of the BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote, this 2 0 ay of 2012. ATTEST D�NI r 43�FOCK; CLERK &J r ry .W , Deputy Clerk Via Approved as to form and legal` sufficiency: � r i! Steven T. Williams Assistant County Attorney Attachment: Exhibit A — Baldridge PUD CP\1 1-CPS-01 135\16 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA .� (A) By: FRED W. COYLE, Chairm Baldridge PUD / PL2011 -2649 Rev. 2/08/12 2 of 2 Item # ME Agenda U'-W rG Date Date 3 --2 Recd ,1 _lE_�_^! _. 17A � t MM ORDINANCE NO. 02- 5 5 �► AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102! _ THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH s I INCLUDES THE COMPREHENSIVE ZONING REGULATIONS - ,:,;i FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL. ZONING ATLAS MAP �+ NUMBERED 9618N BY CHANGING THE ZONING f4-P 1lg / CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AND "A -ST" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE BALDRIDGE PUD LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 16.8 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Timothy L. Hancock, AICP, of VanasseDaylor, Inc., and R. Bruce Anderson, of Young, vanAssenderp, Vamadoe and Anderson, PA, representing Baldridge Development Inc„ 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 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural and "A -ST" Rural Agricultural, Special Treatment Overlay, to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9618N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 5th day of Noyemher -2002. BOARD OF COUNTY 90MMISSIONERS COLLIER O JAMES N. COLETTA, CHAIRMAN DWIG iF,.•BRO I , CLERK A 'a= to Chairnfl,j A}�prot�ersI!?orm and Legal Sufficiency This ordinance filed with the Secretary of Stete's Office the e day of , 2m and acknowledgement of that �Mrarr]uorieed . Student filin received this day 2. Assistant County Attorney of By , b oer "tv ua, EXHIBIT "A" 17A BALDRIDGE A PLANNED UNIT DEVELOPMENT Regulations and supporting Master Plan governing the Baldridge PUD, a Planned Unit Development pursuant to provisions of the Collier County Land Development Code PREPARED FOR; Kenneth R. Baldridge C. Allen Kann PREPARED BY' Tim Hancock, AICP VanasseDaylor 3001 Tamiami Trail North, Suite 206 Naples, FL 34103 941.403.0223 R. Bruce Anderson, Esq. Young, van Assenderp, Varnadoe & Anderson, PA 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 941.597.2814 May 20, 2002 DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: 11/013/02 ORDINANCE NUMBER: 2002-55 AMENDMENTS AND REPEAL: EXHIBIT "A" List of Exhibits and Tables Statement of Compliance & Short Title Section I Section II Section III Section IV TABLE OF CONTENTS Legal Description, Property Ownership And General Description 1 Project Development 2 Commercial Areas Plan 4 General Development Commitments 7 17A 17A LIST OF EXHIBITS AND TABLES EXHIBIT A: PUD Master Plan EXHIBIT B: Boundary Survey EXHIBIT C: Conceptual Water Management Plan EXHIBIT D: Typical Lake Cross Section and Typical Pavement Section 17A STATEMENT OF COMPLIANCE AND SHORT TITLE The Baldridge Planned Unit Development (PUD) consists of t 16.8 acres of land situated at the Southeast corner of the intersection of Pine Ridge Road and Livingston Road in Collier County, Florida, and designated as the Livingston / Pine Ridge Commercial Infill Subdistrict in the Collier County Growth Management Plan. 1. The development of this Project will be in compliance with the planning goals and objectives of Collier County as set for the in the County's Growth Management Plan. 2. The Project includes retail and office uses consistent with the Livingston /Pine Ridge Commercial Infill Subdistrict of the Collier County Growth Management Plan and the Collier County Land Development Code. 3. The Project location, immediately Southeast of the intersection of Livingston Road and Pine Ridge Road, will allow access to Livingston Road and Pine Ridge Road, as well as, providing a connector road to improve emergency access to and from Livingston Road. In addition, the PUD Master Plan identifies a reservation of right -of -way for a future east / west road. 4. The Project will be served by and approved by the Collier County Utilities Division. 5. The Project, as proposed, Is compatible with adjacent land uses and includes adequate buffering where dissimilar land uses are located adjacent to each other. 6. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance. SHORT TITLE This Ordinance shall be known and cited as the "Baldridge Planned Unit Development Ordinance ". SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE 17 a The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the project name of the "Baldridge PUD." 1.2 LEGAL DESCRIPTION The subject property being t 16.8 acres, is described as: LEGAL DESCRIPTION THE WEST %: OF THE NORTHWEST '/. OF THE NORTHWEST Y, OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA less parcel 111 described in the Public Records of Collier County, Florida and recorded at O.R. Book 2667, Page 3063 and Parcel 811A described in the Public Records of Collier County, Florida and recorded at O.R. Book 2667, Page 3065 for road rights -of -way. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Pine Ridge Golf Center 3350 Pine Ridge Road Naples, Florida 34109 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The Project site is located in Section 18, Township 49 South, Range 26 East, immediately south and east of the intersection of Pine Ridge Road and Livingston Road in Collier County, Florida. The zoning classification of the subject property prior to the date of this approved PUD Ordinance was "A" Rural Agricultural. 1.5 PHYSICAL DESCRIPTION The proposed site consists of t 16.8 acres, and is proposed to utilize a dry detention Swale for water quality storage and a combination of detention areas and on -site preserve areas for water quantity storage. The control elevation is proposed as 12.0 feet NGVD. The Project falls within the 1 -75 Canal Basin with a restricted allowable discharge of 0.06 CFS per acre per Collier county Ordinance 90 -10 requirements. The project is located outside of FEMA mapping limits. 1.6 PROJECT DESCRIPTION The Project will consist of +/-15 acres of commercial and /or professional office development. The site plan has been configured to take advantage of the location and to maintain market flexibility for future development. The plan allows for either a single use development or multiple uses on the property. SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 17P The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other Project relationships. 2.2 GENERAL a. Regulations for development of the Baldridge PUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of approval of a preliminary subdivision plat, site development plan, or building permit, as applicable. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. b. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Baldridge PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. d. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code where applicable, remain in full force and effect with respect to the development of the land, which comprises this PUD. e. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities. I. The petitioner's property is located outside an area of historic/archaeological probability as designated on the official Collier County Probability Map. Therefore, no historic /archaeological survey and assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 23 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Project Development Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A," PUD Master Plan. The PUD Master Plan also illustrates necessary water management lakes or detention areas and the general configuration of street rights -of -way. The Project will contain a maximum of 125,000 square feet of retail and /or office development. 2.4 2.5 M. 17A PRESERVE AREA ±1.8 acres RIGHT -OF -WAY / COMMON AREAS t 2.3 acres COMMERCIAL AND RETAIL AREAS ±10.8 acres OPEN SPACE AND WATER MANAGEMENT AREAS t 1.3 acres 60' RESERVATION OF ROW 10.6 acres TOTAL: ± 16.8 acres RELATED PROJECT PLAN APPROVAL REQUIREMENTS a. Prior to the recording of a Record Plat, and /or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval by the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. b. Exhibit "A ", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land, as provided in said Division, prior to the issuance of a building permit or other development order. d. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. CHANGES AND AMENDMENTS TO PUD DOCUMENT AND PUD MASTER PLAN Amendments may be made to the PUD and PUD Master Plan in accordance with Section 2.7.3.5 of the Collier County Land Development Code. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and /or recreation amenities whose ownership and maintenance responsibility is a common Interest to all of the subsequent purchasers of property within said Development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open spaces, subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. 3 i SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify the type of commercial uses and development standards that will be applied to the areas so designated as "C" Commercial on the PUD Master Plan (Exhibit "A ".) 3.2 DEVELOPMENT EMPHASIS The Project is bordered by Livingston Road on the west, and the northern property line borders Pine Ridge Road. The subject property is permitted a full array of commercial uses as indicated in the Growth Management Plan, and as such, this Document and the uses contained herein, are consistent with the Collier County Growth Management Plan. 3.3 USES PERMITTED The Project will develop with uses that are consistent with C -1 through C -4 uses as contained in the Land Development Code in effect as of the date of adoption of this Ordinance not to exceed 125,000 square feet. More specifically, no building or structures or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: a. Permitted Uses 1. Amusements and recreation services, indoor (groups 7911 -7929, 7991 - 7993,7997); group 7999 uses are not permitted except for golf professionals, gymnastics instruction, judo instruction, karate instruction, tennis professionals, and yoga instruction). 2. Automotive dealers and gasoline service stations (groups 5531, 5541 with services and repairs as described in section 2.6.28). 3. Apparel and accessory stores (groups 5611 - 5699). 4. Auto and home supply stores (5531). 5. Automotive repair, services, parking (groups 7514, 7515,7521) 6. Building materials, hardware and garden supplies (groups 5231 - 5261). 7. Business services (groups 7311 -7352, 7361 -7397 except armored car, dog rental and labor pools, 7384, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 8. Commercial printing (2752, excluding daily newspapers). 9. Communications (groups 4812 -4841) except communication towers. 10. Eating establishments (5812). 11. Engineering, accounting, research, management and related services (groups 8711- 8748). 12. Food stores (groups 5411 - 5499). 13. Fueling locations without convenience commercial uses, only when located with another permitted use. No diesel fuel sales. 14. General merchandise stores (groups 5311 - 5399). 15. Glass and glazing work (1793). 16. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to state statute 400.402 F.S. and ch. 58A -5 F.A.C.; and continuing care retirement communities pursuant to state statute 651 F.S. and ch, 4 -193 F.A.C.; all subject to Section 2.6.26 of the Land Development Code. 17. Health services (groups 8051 -8059, 8062 -8069, 8071, 8072, 8092- 8099). 4 17A 18. Home furniture, furnishing and equipment stores (groups 5712 - 5736). 19. Hotels and motels (groups 7011, 7021), 20. Miscellaneous repair services (groups 7629 - 7631). 21. Miscellaneous retail (groups 5912 -5963, except pawn shops and second hand clothing stores; 5992 - 5999). 22. Non - depository credit institutions (groups 6111 - 6163). 23. Paint, glass and wallpaper stores (5231), 24. Personal services (groups 7212, 7215 -7217, 7219, 7221 -7251, 7261 except crematories, 7291 -7299 except tattoo parlors and escort services). 25. Public administration (groups 9111 -9199, 9229, 9311, 9411 -9451, 9511 -9532, 9611- 9661). 26. Retail nurseries, lawn and garden supply stores (5261). 27. Real estate (group 6512). 28. Social services (groups 8322 -8399, except for homeless shelters and soup kitchens). 29. Veterinary services (groups 0742, 0752 excluding outside kenneling). 30. Videotape rental (7841). 31. Vocational schools (groups 8243- 8299). 32. United States Postal Service (4311 except major distribution centers). 33. Any other general commercial use, which is comparable in nature with the foregoing uses, including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. b. Accessory Uses 1. Uses and structures that are accessory and incidental to the uses permitted as of right in this District. 2. Caretaker's residence, subject to Section 2.6.16 of the Land Development Code, 3.4 DEVELOPMENT STANDARDS a. Minimum Lot Area: 10,000 square feet. b. Minimum lot width: 100 feet. C. Minimum Yard Requirements: 1. Along Pine Ridge Road: 25 feet. 2. Along Livingston Road: 25 feet. 3. Along South property line: 50 feet. 4. Along Eastern property line: 25 feet. d. Minimum Yards (internal): 1. Front yard: 15 feet. 2. Side Yard: 10 feet 3. Rear Yard: 20 feet. 4. Waterfront: 25 feet. e. Maximum height: Building height is limited to one story with a 35 -foot maximum for all retail and general commercial uses. General and medical office uses are limited to three stories with a 40 -foot maximum height, f. Minimum floor area: 700 square feet gross floor area on ground floor. 5 17A g. Minimum off - street parking and off - street loading: As required in Division 2.3 of the Collier County Land Development Code. The parking requirements shall be calculated over the entire site so that each free - standing use shall not be required to provide 100% of the Land Development Code's minimum parking on its site, provided the total parking for the Project meets or exceeds the minimum parking required for the combined land uses. h. Landscaping: As required in Division 2.4 of the Collier County Land Development Code. i. Lighting: Lighting shall be designed so as to prevent direct glare, light spillage and hazardous interference with automotive and pedestrian traffic on adjacent streets and all adjacent properties. j. Signs: 1. Out - parcels shall be permitted one pole or two ground signs in accordance with Section 2.5.5.2.1.1. of the Land Development Code provided each developable parcel has a minimum of 125 feet of frontage on Pine Ridge Road or Livingston Road. In no event shall more than three out - parcel signs be permitted along Pine Ridge Road. 2. All other project signage will comply with Division 2.5 of the Collier County Land Development Code. k. Architectural and site design standards. All buildings and projects shall be subject to the provisions of Division 2.8 of the Land Development Code. Off site removal of earthen material: The excavation and stockpiling of earthen material in preparation of water management facilities or to otherwise develop water bodies is hereby permitted during construction of buildings or infrastructure. If a surplus of earthen material exists, then its off -site disposal is also hereby permitted, subject to the following conditions: 1. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code, whereby off -site removal shall be limited to 10% of the total, up to a maximum of 20,000 cubic yards. 2. All other provisions of said Division 3.5 are applicable. SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE 17A The purpose of this Section is to set forth the development commitments for the development of the Project. 4.2 GENERAL All facilities shall be constructed in strict accordance with approved Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The Developer, his successor or assigns, shall follow the Master Plan and the regulations of the PUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the Developer is bound by commitments within this Document. 4.3 PUD MASTER PLAN a. Exhibit "A ", PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, 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 application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code amendments may be made from time to time. 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. 4.4 SCHEDULE OF DEVELOPMENT / MONITORING REPORT AND SUNSET PROVISION a. The Project is proposed to start construction of Infrastructure in the Fall of 2002. Should the Project not develop in a single phase, the absorption of the entire Project Is based upon a mix of office and retail uses and is estimated to take seven to ten years. b. This Project shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. C. Common areas, including areas devoted to water management facilities will be dedicated to a common property owners' association, if applicable, for purposes of maintenance and care. d. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code, 4.5 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICE /REGULATIONS a. Section 3.2.8.4.16.5 of the Land Development Code Street right -of way: Roads within the Project will be designed and built as private roads with no maintenance responsibility by Collier County. These roads shall have a right -of- way width of 50 feet. Pavement width shall be a minimum of 24 feet for two -way traffic. 7 17 A �q Section 3.5.7.1.2 of the Land Development Code Internal roads that run parallel to water management lakes or detention areas shall be located a minimum of 20 feet from the top of bank or control elevation, whichever is greater. Section 3.2.8.3.17 of the Land Development Code In the event of multiple lots within the development, sidewalks will be provided on one side of internal roadways in order to provide pedestrian access to and from out - parcels. 4.6 TRANSPORTATION a. All traffic control devices used must be in accordance with the Standards adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. b, Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy. C. External and internal improvements determined by Collier County staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. Said improvements will be in place prior to the issuance of the first Certificate of Occupancy. d. Road Impact Fees shall be paid in accordance with Collier County Ordinance 01 -13, as amended. e. All median openings and driveway locations must be in accordance with the Land Development Code (LDC), and Access Management Policy, as amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close all median openings that have been determined by Collier County Staff to have an adverse effect relevant to operational circulation, safety conditions, or concerns. f. Nothing in any development order will vest the right of access over and above a right in/ right out condition. Neither will the existence, or lack of a future median opening be the basis for any future cause of action for damages against the County by the Developer, its successor in title, or assigns. g. Interconnection(s) may be required by Collier County Staff, as a condition of site development plan approval. h. The Developer shall be responsible for the cost of a traffic signal system at any development entrance(s), if a traffic signal system is ever determined to be warranted and approved by the County. If warranted, upon the completion of the installation, inspection, burn -in period, and final approval/acceptance of said traffic signal it will be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations Department. i. The development will be designed to promote the safe travel of all roadway users including bicyclists, and will provide for the safety of pedestrians crossing said roadways. Pedestrian travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Staff. j. When ingress and egress improvements are determined necessary, right -of -way and compensating right -of -way will be provided for and in conjunction with said improvements. k. All work within Collier County right -of -way will meet the requirements of Collier County - Ordinance No. 93 -64. I. All internal access ways, drive aisles and roadways, not located within County right -of- way will be privately maintained by an entity created by the Developer, its successor in title, or assigns. 17A ' � M. The points of ingress and/or egress via Pine Ridge Road will be limited to two locations on the north side of the PUD. The westernmost location shall be limited to a single point of ingress only (a west approach protected right turn lane). The easternmost location is limited to a west - approach protected right -turn lane, an east - approach protected directional left -turn lane, and a south - approach right- turn -only lane from the site. Due to the limited frontage of the Project, no other access points will be permitted from and onto Pine Ridge Road. n. Access onto Livingston Road shall be limited to a single point of ingress and egress near the southwest corner of the property (full median opening with a south - approach protected right -turn lane, north- approach protected left -turn lane, and east - approach left - turn and right -turn lanes from the site). Upon review and approval by the Transportation Services Administrator of a warrant -study prepared by the Developer for a traffic signal at the Livingston Road access, an additional Livingston Road point of egress shall be permitted near the northwest corner of the property (right- turn -only from the site). The Developer may submit a study, for the review and approval of the Transportation Services Director, demonstrating that the 860 -foot protected right -turn lane onto Livingston Road is not needed and may be reconfigured into two protected right -turn lanes (one protected right -turn lane for Livingston Road at Pine Ridge Road and one protected right -turn lane near the northernmost egress point from the site). 3. If at any time, the northernmost egress point onto Livingston Road is determined to be unsafe by the Transportation Services Director, the County shall require the Developer to close the point of access to ensure the public safety. Each annual PUD Monitoring Report shall include a detailed Crash Data Report for operational conditions for the northernmost access point on Livingston Road. �. The 60 -foot east -west right -of -way depicted on the Master Plan shall be conveyed to Collier County without further compensation at a time determined by the Transportation Services Administrator. 4.7 WATER MANAGEMENT a. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E -4 and 40E -40, this Project shall be designed for a storm event of 3 -day duration and 25 -year return frequency and shall be reviewed and permitted by the SFWMD unless dedicated to Collier County by SFWMD. 4.8 UTILITIES a. County water service is available via a 12" water main located along Pine Ridge Road. The Developer is responsible to tap the main to provide both potable water and fire fighting capability to the site, b. County sewer service is available via an 8" force main located along Pine Ridge Road, The Developer is responsible for providing the necessary connections to supply the site with County sewer service. C. All facilities extended to the site and which lie in platted rights -of -way shall be owned and maintained by the Collier County Water /Sewer District. The facilities, whether owned by the District or privately owned, shall be reviewed and installed in accordance with the requirements of Collier County Ordinance No, 97 -17 and all federal, state and other existing rules and regulations. 4.9 ENGINEERING a. If the property is subdivided into three or more parcels, a plat shall be required. b. Work within the Collier County right -of -way shall meet the requirements of Collier County Right -Of -Way Ordinance No. 93 -64, as amended. 1, 7 A !_ x.71 4.10 ENVIRONMENTAL An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code. For this site a minimum of 15 percent of the pre - development native vegetation shall be retained onsite or revegetated in accordance with said Section 3.9.5.5.4, totaling 1.85 acres. An exotic vegetation, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan /construction plan approval. 4.11 LANDSCAPING FOR OFF - STREET AREAS All landscaping for off - street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 10 0 0 e � n 0 0 N I I a Wee; LJ � J z � Q Q U �U 5� Y� �O NI w e � n a � m Q Q Q Q �6z 8 Q W U n a � m �6z 8 Q � ~qX Z$ Q J :d min U° a° T4 l z 3 •3 .Y j -- -- -- -- ------ - - - - -- i II I II I� II II I II a i II III II I I II I I II �I I II III II III II III II II EXHIBIT "A" 17A i9•BO6OOL/tWOt aMpe QQplx30S tOblOStOMtOMSpalad�s6Mpt�anias- sa�deryµ n �6z 8 II I II I� II II I II a i II III II I I II I I II �I I II III II III II III II II EXHIBIT "A" 17A i9•BO6OOL/tWOt aMpe QQplx30S tOblOStOMtOMSpalad�s6Mpt�anias- sa�deryµ e:w�w.uwuaisrn6+aa+�mRWAMm 769431.0 g.oy412DO oz:1824 we } �i .4 omit ?Al! 1111mit pip 1j 1 I .4 71 CUM 17A I cc S a LL 17A 9W��w01wD�aPO�m N� wpY✓NUVw ��u Yu U �� _ � _- - -_- _ � _ –PINE RfDGE-RO1O _ – – – – – – – – – – – – – _ - - II II II I �II II I II II I II � n r II I II o II I ti I I II I I II I I I I I I II °a m I I II i I I I I ii 1 I II I I II I � I I I I I 0 it �D O A C n m m G r l `�• _l1_ , l�J, t II 0 0 v z .".. n i 1 1 z II i I II n �- - DRY �;�-7 b�) � cep p o 4 u m Dm H r Nr I z o z A A J'� 1 � a b Oy A 1 S � J �9 O N1 9 Jo y� o Z g 8 y —4 Vanasse w"z— •� ; ! Daylor 1 w ;,*;WE mw,~-r, mc. n �arr..n uui ,c i IYn 1 n \/J , VAU)ADW4MW PW COM" Lr. Mwr WwF." A+.. acaw rl fans~ n 1 fta H r Cam cawrr. n. I n Oy A 1 S � J �9 O N1 9 Jo y� o Z g 8 y —4 Vanasse w"z— •� ; ! Daylor 1 w ;,*;WE mw,~-r, mc. n �arr..n uui — VAU)ADW4MW PW COM" Lr. Mwr WwF." A+.. acaw rl fans~ n 1 fta H r Cam cawrr. n. +� �•••• �-- K FXHIRIT "r R/W LINE 10' P.U.E. _ NG I SLOPE .04'/FT.I 1 c�IOPIL 2' CONC. VALLEY CUTTER 35- R/W SLOPE .04'/FT. 1-1/2' TYPE S -111 ASPNALTIC CONCRETE V� 4 .PE PLACEO IN TWO LIFTS) SLOPE .02'/FT. \ SLOPE .02' B' LIMEROCK BASE (MIN. LBR - 100) i— R/W LINE 2' CONC. VALLEY GUTTER 10' P,U,E. S00 T. SLOP^ E •O<, NC S00 12' STABILIZED SUSCRADE (MIN. LBR . 40) TYPICAL ROAD SECTION- JfL RAW N.T.S. TYPICAL LAKE SECTION N. r.s 17A EXHIBIT D CONTROL ELEV. • J.0 WAX) weal lr wt sna 01 -►8 -0! 12TJ0 N.. srlwsr, solo hoe &QJWWpg DbMOPMENT. ffic ►L 33001 I IW6 UkVQAC T Rao /209 QETA& SflIE�'T 40150 -SP PAeoot 0 41 {37 -{601 Sr. Lom Ma 6JIJ7 WAS Fam 941 431 -4636 E -M 11; •dmlm *.ands .eom M'ii 01-- 188-01 Sheet No.1 a 1 m 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 copy of: ORDINANCE NO. 2002 -55 Which was adopted by the Board of County Commissioners on the 5th day of November, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of November, 2002. DWIGHT E. BROCK .�•r °)''�'EIiS Clerk of Courts anc�, Ex- officio to Boar' _ County Commission-- By: Ellie Hoffman, Deputy Clerk