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Backup Documents 04/12-13/2011 Item #17A -v -._--- 17A IL w COLLIER COUNTY FWRIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to tbe Board: PIeue place the following ...: 2QI.X Norm.1 Leg.1 Advertisement Other: (Display Adv., location, etc.) ....*.....**.......*.***.......................*...**........***....**......................* Originating Deptl Div: CDESJZonioJ! Person: Kay Deselem, AICP Ollie: ?:.hlll Petition No. (If none, give brief description): PUDZ-2009-AR-I4425, Addie'. Comer Petitioner: (Name & Address): Mr. Robert Duane, Hole Montes, Inc., 950 Encore W.y, Naples, FL 34105 Name & Addres. of any person(s) to be notified by Cleric's Office: (Tfmore space is needed. attach separate sheet) Mr. Larry Pomposini, Happy # 4 Family Corponllion, 927 N. Highland Avenue, Pittsburg, PA 15206 Hearing before BCC BZA Other Requested Hearing date: AoriJ 12. 2011 Based on advertisement appearing 20 UVS before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other LepUy Required Proposed Text: (Include legal description & common location & Si2e: See Ordin.nce Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yos, what acCOWlt should be charged for advertising costs: PO Nmnber: 4500096189 for Account Number: 068779 Reviewed by: , ., /?~ /?u~ . 3-11' if Divisi Adminis r or DesJgDee Date List Attachments: DISTRIBUTION INSTRUCTIONS For hearing. before BCC or BU: In1tlatlag penon to eomplek one eopy .nd obtain Division He.d .pproval before submitting to County Man.ger. Note: If legal document i. Involved, be sure th.t any neeessary ....1 review, or reqnest for ..me, Is submitted to County Attorney before submitting to County Mauger. Tile M....er's office will distribute copies: County Manager .gescIa me: to Reqnesting Division Origin.1 Clerk's 0fIlce Other bearings: Initiating Division bead to approve and submit original to Clerk's Office, retaining. copy for file. ............................._..*.....................**.......-.....-....................... FOR CLERK'S OFFICE USE ONLY: # Date Received: ~ Date of Public bearing: ~ Dale Advertised:' 2Z f ( I I .' _m.__"_.,~...."__.~,.,~.,.__._.___ . ~.-_._-~- __,_U_~'"~~_._,,_~, -,....---., --~ 17A ; ~ . , ORDINANCE NO. 2011-_ 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 wmCH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT TO ALLOW FOR DEVELOPMENT OF UP TO 135,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT AND/OR A RETIREMENT COMMUNITY/GROUP HOUSING AT A FAR OF .60 AND/OR A HOTELIMOTEL AT AN INTENSITY OF 26 UNITS PER ACRE FOR A 23.33+/. ACRE PARCEL TO BE KNOWN AS THE ADDIE'S CORNER MPUD, LOCATED IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF IMMOKALEE ROAD (CR 846) AND COLLIER BOULEVARD (CR 951). IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Happy #4 Family Corporation, represented by Robert L. Duane, AICP of Hole Montes and Richard D. Yovanovich, Esquire, of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to change the zoning classification of the herein described real I property . i 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 22, Township 48 South, Range 26 East, Collier County, Florida, is changed from a Rural AgricultlU'al (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District to allow for development of up to 135,000 square feet of commercial development and/or a retirement community/group housing at a FAR of .60 andlor a hotel/motel at an intensity of26 units per acre for a 23.33+/- acre parcel to be known as Addie's Corner MPUD, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, Addies Comer PUDZ-2009-AR-14425 Revised 1/24111 Page I of2 _ _M._~_~,_.__~_,_".~__._"__.._._.", ___ - -'-"'. ,^"-",,,-,.~._- 17A I as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of ,20] 1. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: v I ~~~,\ -1.1 Heidi Ashton-Cicko " Assistant County Attorney Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit F: Developer Commitments I 09-CPS-0095J/66 Addies Comer PUDZ-2009.AR-14425 Revised 1/24/11 Page 2 of2 , I -----.--.-.-.------ --- .. I .. '-"', _._~.._----~~.~-_._"- --_.._._--_."-~-_._.."- _.~_._--_.__._-~ "~'._.--'- - '_.n -----..... 17A ..... EXHIBIT "A" LIST OF PERMITTED USES ADDlES CORNER MPUD 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: I. Tract A - Permitted Commercial Principal Uses: A. Commercial Professional Retail & General Office Permitted Use (Sic In Parenthesis) 1. Accident & Health Insurance Services (6321) 2. Accounting, Auditing and Bookkeeping Services (8721 ) 3. Adjustment services (7322) 4. Advertising (consultants) agencies (7311 ) 5. Advertising, not elsewhere classified (7319) I 6. Agricultural uses eN/A) 7. Architectural services (8712) 8. Auto & Home Supply Stores (5531) 9. Bakeries, Retail (5461 ) 10. Banks, commercial: national (6021 ) 11. Banks, commercial: not chartered (6029) 12. Banks, commercial: state (6022) 13. Banks, savings: Federal (6035) 14. Banks, savings: not federally chartered (6036) 15. Barber Shops (7241) 16. Beauty Shops (7231) 17. Book Stores (5942) 18. Business Associations (8611) 19. Business Consulting Serviees, not elsewhere classified (8748) 20. Camera & Photographic Supply Stores (5946) 21. Candy, Nut & Confectionery Stores (5441) 22. Carpet and Upholstery Cleaning (7217) 23. Civic, Social and Fraternal Associations (8641) 24. Clothing & Accessory Stores, Men's & Boy's (561\ ) 25. Clothing Stores, Women's (5621) 26. Collection Services (7322) 27. Commodity Contracts Brokers & Dealers (6221) 28. Commercial Art & Graphic Design (7336) 29. Commercial Photography (7335) 30. Commercial Economic, Sociological & Educational Research (8732) 31. Computer & Computer Software Stores (5734) 32. Computer Facilities Management Services (7376) 33. Computer Maintenance and Repair (7378) 34. Computer Processing & Data Preparation Services (7374) 35. Computer Programming services (7371 ) Addies Corner MPUD PUDZ.2009.AR-J4425 Last revised: 01-26-11 Page I of 12 ...---- -~---~ -.-.-'-. ---..-.---.,."----.-- ",-,-, -- _._~~-~-- ~ ..-.--.- ~~~ 17A i I 36. Computer Rental & Leasing (7377) I 37. Credit Reporting Services (1323) 38. Credit Unions, Federal (6061 ) 39. Credit Unions, State: not federally chartered (6062) 40. Dairy Products Stores (5451) 41. Data Processing Consultants (7379) 42. Dance Studios, Schools & Halls (7911) 43. Data Processing Services (7374) 44. Dental Laboratories (8072) 45. Dentist Office/Clinic (8021) 46. Direct mail advertising service (7331 ) 47. Direct Selling Establishments (5963) 48. Doctors - Medicine Offices & Clinics (8011) 49. Doctors - Osteopathy Offices & Clinics (8031 ) 50. Doctors - Chiropractors Offices & Clinics (8041 ) 51. Drapery, Curtain & Upholstery Stores (5714) 52. Drinking Places (Alcoholic Bcverages); Bottle Clubs and Cabarets (5813) are not permitted 53. Drug Stores (5912) 54. Eating Places (5812) 55. Engineering services: industrial, civil, eleetrieal, mechanical, marine (8711) and design 56. Executive Offices (9111 ) 57. Executive & Legislative Offices Combined (9131) 58. Fire, Marine & Casualty Insurance Services (6331) 59. Floor Covering Stores (5713) 60. Florists (5992) 61. Food Stores, Miscellaneous (5499) 62. Foreign Branehes & Agencies of Banks (6081) 63. Foreign Trade & International Banking Institutions (6082) 64. Furniture Stores (5712) 65. Funeral home or parlor (7261) 66. Gasoline Service Stations (5541) 67. General Government, not elsewhere elassified (9199) 68. Gift, Novelty & Souvenir Shops (5947) 69. Grocery Stores (5411) 70. Hair weaving or Replacement Services (7299) 71. Hardware Store (5251) 72. Health practitioners - not elsewhere elassified (8049) 73. Hobby, Toy & Games Shops (5945) 74. Home health eare services (8082) 75. Hotels & Motels (7011) 76. Household Appliance Stores (5722) 77. Hospital & Medical Healthy Services (6324) 78. Information Retrieval Services (7375) 79. Insurance Carriers, not elsewhere classified (6399) 80. Investment Advice (6282) 81. Jewelry Stores (5944) 82. Land Subdividers & Developers (6552) 83. Landscape architects, consulting & planning (0781) 84. Laundries (Coin Operated) & Dry-cleaning (7215) Addies Comer MPUD PUDZ-2009-AR-14425 Last revised: 0 1 ~26~ 11 Page 2 of 12 .... .,. '--".-'~'''''.,-,~ __....___ ."..~n....__,,~__ --.,-..- _.,"'~"_~_"~',_~___"_,_,__ ..''. _._.__ M"'__ ____ -___.."_.,,~____w__ ---~- -- ^._---~._--_..- 17.)1! ~ 85. Legal services (811 I) 86. Libraries (except regional libraries ) (8231 ) 87. Life Insurance Services (6311) 88. Liquor Stores (5921) 89. Loan brokers (6163) 90. Luggage & Leather Goods Stores (5948) 91. Management Services (8741 ) 92. Management Consulting Services (8742) 93. Markets, Meat & Fish (Seafood) Markets (5421 ) 94. Markets, Fruit & Vegetable Markets (5431) 95. Medical Equipment Rental & Leasing (7352) 96. Medical Laboratories (8071) 97. Membership Organizations, not elsewhere classified (8699) 98. Miscellaneous amusement and recreational services not elsewhere (7999) classified. Only judo instruction, karate instruction, moped rental, motorcycle rental, rental of bicycles, scuba and skin diving instruction are permitted 99. Miscellaneous Business Credit Institutions (6159) 100. Miscellaneous General Merchandise Stores (5399) 101. Miscellaneous Home Furnishings Stores (5719) 102. Miscellaneous personal services, not elsewhere classified excluding (7299) massage parlors, steam baths, tattoo parlors and Turkish baths. 103. Miscellaneous Retail Stores, not elsewhere classified (5999) 104. Mortgage Bankers & Loan Correspondents (6162) 105. Musical Instrument Stores (5736) 106. News Dealers & Newsstands (5994) i 107. Nondeposit Trust Facilities (6091) I 108. Optical Goods Stores (5995) 109. Optometrists - offices & clinics (8042) 110. Paint, Glass & Wallpaper Stores (5231 ) Ill. Pension, Health and Welfare Funds Services (6371) 112. Personal Credit Institutions (6141) 113. Photocopying & Duplicating Services (7334) 114. Photographic Studios, Portrait (7221) 115. Photo finishing Laboratories (7384) 116. Physical Fitness Facilities (permitted only when physically integrated (7991 ) and operated in conjunction with another permitted use in this district - no stand alone facility permitted) 117. Podiatrists - offices & clinics (8043) 118. Political Organizations (8651) I 119. Professional Membership Organizations (8621) 120. Professional Sports Clubs & Promoters (7941) 121. Public Relations Services (8743) 122. Radio, Television & Consumer Electronics Stores (5731) 123. Radio; Television & Publishers Advertising Representatives (7313) 124. Real Estate Agents and Managers (6531) 125. Record & Prerecorded Tape Stores; adult video rental or sales (5735) prohibited 126. Religious Organizations (8661 ) 127. Repair Shops & Related Services, not elsewhere classified (7699) 128. Retail Nurseries, Lawn & Garden Supply Stores (5261) Addies Comer MPOO PUDZ-20Q9.AR.I442S Last revised: OI-26~11 Page: 3 ofl2 ".-. "e~_*___ ,.--.-...-.. -~_.__....-.~.__."'~"'-- --- -~-'---"-- --'-.-.' ------- -_._...,~ 17Ar I 129. Secretarial and Court Reporting Services (7338) 130. Security Brokers, Dealers & Flotation Companies (6211) 131. Security and Commodity Exchanges (6231 ) 132. Sewing, Needlework & Piece Goods Stores (5949) 133. Services Allied with the Exchange of Securities or Commodities, not (6289) elsewhere classified 134. Shoe Repair Shops and Shoeshine Parlors (7251) 135. Short-Term Business Credit Institutions, except agricultural (6153) 136. Social Services, Individual & Family (activity centers, elderly or (8322) handicapped only; day care centers for adult & handicapped only) 137. Sporting Goods Stores & Bicycle Shops (5941) 138. Stationery Stores (5943) 139. Stores, Children's and Infants Wear (5641 ) 140. Stores, Family Clothing (5651 ) 141. Stores, Miscellaneous Apparel & Accessory (5699) 142. Stores, Shoes (5661) 143. Stores, Women's Accessory & Specialty (5632) 144. Surety Insurance Services (6351) 145. Surveying Services (8713) 146. Tanning Salons (7299) 147. Tax Return Preparation Services (7291) 148. Title Abstract Offices (6541) 149. Title Insurance Services (6361) 150. Tobacco Stores & Stands (5993) 151. Travel Agencies (no other transportation services) (4724) 152. Used Merchandise Stores (5932) 153. Veterinary services for animal specialties (0742) 154. Video Tape Rental, adult video rental or sales prohibited (7841) 155. Watch, Clock & Jewelry Repair (7631 ) II. Tract A - Permitted Group Housinl!lRetirement CommWlitv/Principal Uses: A. Group Housing, 8051 Skilled Nursing, Intermediate Care Facilities 8052, Nursing and Personal Care not else classified 8059. B. Independent Living Units C. Assisted Living Units D. Retirement CommWlity III. Tract A - Permitted Accessorv Uses: Accessory uses customarily associated with the permitted principal uses, including, but not limited to: A. Uses and structures that are accessory and incidental to the permitted uses within this MPUD document. Addies Comer MPUD PUDZ-2009~AR-14425 Last revised: 01-26-11 Page 4 of 12 .- - ---- ,...~^~---_._, ~,--,,~."~._- .. '^~,,~"...._.__._---",~~ .... -- ._-.-_._-"",,, ,~"-,,~.,,..- _..-.-,_..-._.,,-_.~,--_.__..< . 17A i, 1 B. Any other accessory and related use that is determined to be comparable in nature with the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the LDC. IV. Tract B Permitted Preserve Area Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for the preserve area depicted on the MPUD Master Plan, that is required to be a minimwn of 8.85 acres, other than those uses allowed by Section 3.05.07 l-Ll.h. of the LDC, or any successor provision. V. GrOUD Housing/Retirement Communitv Commitments: The developer of the group housing/retirement community, its successors or assigns, shall provide the following services and be subject to the following operational standards for the units in the retirement community, including but not limited to, independent living units, assisted living units or skilled nursing units: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off. site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on.site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed so that a resident can age in place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. Addies: Comer MPUD PUDZ-2009-AR-14425 Last revised: 01-26-11 Page 5 of 12 ^ '.. "~.,~~---_._---- -~--~'--~-_"_----"--""'----- ,-,~,-,.~-~,_._~.,<,,~--_._-~---> 17A , I EXHmIT B DEVELOPMENT STANDARDS ADDlES CORNER MPUD The table below sets forth the development standards for land uses within the Addies Comer MPUD. 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. I. DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT , ACCESSORY PRINCIPAL USES USES MINIMUM LOT AREA 10,000 sa. ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) (See nara.nnh below) From Immokalee Road Canal ROW 25 ft. SPS From Eastern Prolect Boundary 25 ft. 15 ft. From Western Project Boundary 25 ft. 15 ft. From Northern Pro;""t Boundary - As Shawn 521 ft. Minimum 521 ft. Minimum I MINIMUM YARDS IInternal) I Internal Drives/ROW 15 ft. 10 ft. , Rear lOft. 10 ft. I Side lOft. lOft. Lakes 25 ft. Oft.' Preserves 25 ft. 10 ft. MIN. DISTANCE BETWEEN BUILDINGS 1/2 the sum of building heights" 10 ft. MAXIMUM HEIGHT ZONED ACTUAL Retail Buildin.s 45 ft. 5 ft. 35 ft. Office Buildin.s 55 ft. 5 ft. 35 ft. MINIMUM FLOOR AREA 1,000 sq. ft." IN/A MAXIMUM GROSS COMMERCIAL AREA 135,000 sq. ft. '" IN/A i GROUP CARE FACILITIES Maximum 0.60 FAR. up to 26 iN/A units per acre *u & uu HOTEL & MOTEL Maximum 26 units per acre ..... iN/A & **** . No structure may be located closer than 20 feet to the top of bank of a lake (allowing for the required minimwn 20 foot wide lake maintenance easement). .. Per principal structure, kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. ,.. Total allowable commercial square footage is 135,000 of commercial development For each acre of Group Housing/Retirement Community or HoteVMotel or fraction thereof developed, 10,914 S.F. of commercial development will be reduced on Tract "A" **** The maximum beight and setbacks shall be the same as those for office buildings. Addies Comer MPUD PUDZ-2009-AR.I442S Last revised: 01-26-) 1 Page 6 of 12 , ,-. - - I "-"'~--""--~~~---'-"--------~ ---- ."-~---~<- '--"~~-~--'-"., ---,...._._.~_.~._-----, 'd_..~_"__,~____________ .._,_ _..__~_,______ . 17 A l.~ II. DEVELOPMENT WITH ADJACENT PROPERTY TO THE EAST In the event amendments are made to the Tree Farm MPUD to the east of this MPUD to allow for a unified development plan of both properties, a zero setback shall be allowed along the common property line of this MPUD. Ill. ALTERNATIVE LANDSCAPING EAST PROPERTY LINE A minimwn 6-foot height hedge, minimwn 3-foot in spread, planted a maximum 4-feet on center, 100% opaque at planting shall be installed along the east property line, in lieu of a wall, along with other requirements of a Type B Landscape buffer. IV. A stipulation has been added that outside amplified music is prohibited. Addies Comer MPUD PunZ-2009.AR-1442S Last revised: 01-26-11 Page 7 of 12 ,~. 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'I ~L,_._;.~_.__.A_...~ ,'"_..'.' -~-- -".,. , . 17A EXlDBIT D LEGAL DESCRIPTION ADDlES CORNER MPUD The North one-half (1/2) of the West one-half (1/2) of the Southeast one-quarter (1/4) of the Southeast one-quarter (1/4) of Section 22, Township 48 South, Range 26 East; and The South one-half (1/2) of the West one-half (1/2) of the Southeast one-quarter (1/4) of the Southeast one-quarter (1/4) of Section 22, Township 48 South, Range 26 East; excepting the south 100 feet thereof; and The East onc.half(1/2) of the East one-half (1/2) of the East one-half (112) of the Southwest one- quarter (1/4) of the Southeast one-quarter (1/4) of Section 22, Township 48 South, Range 26 East, excepting the south 100' thereof. , i Addies Comer MPUD PUDZ-2009-AR-14425 Last revised: 01-26-11 Pa,ge9oft2 I . --- - -~ "'> _._",~",,-,,--,"--~_.,_.~,-~~,-"--_.., ~ "'-"-"....-.- 0_____.'.______ _____...,__,__,.~_".".....o......_.,._~_ ^"__..~ -- ,. '..' ...,.~--,,~---~,---_.. ---- - -_._.~.._~_..- 17A I . 1 EXHIBIT "E" LIST OF REQUESTED DEVIATIONS FROM THE LDC ADDlES CORNER MPUD ! , , t. Deviation #1 seeks relief from LDC Section 5.03.02.H,t.a., commercial and industrial districts, which require if located on a contiguous residentially zoned property, the wall and/or fence shall be a minimum of six (6) feet and a maximum of eight (8) feet in height and shall be located a minimum of six (6) feet from the residentially zoned district, to not require a wall within a Type B buffer along the east property line of this MPUD adjacent to the Tree Farm MPUD to the east. (See Exhibit C, MPUD Master Plan.) As mitigation for the wall, a 6-foot height hedge shall be required in addition to the requirements of a Type B Landscape buffer. (Also, see Exhibit B - Development Standards pertaining to Landscaping). 2. Deviation #2 seeks relief from LDC Section 5.05.04 DJ to allow the floor area ratio (F.A.R.) to be increased from 0.45 to 0.60 for a Group HousinglRetirement Community. Addies Comer MPUD PUDZ-2009-AR-1442S Last revised: 01-26-11 Page IOof 12 ..-..-.-..----.-- ----- <.~_..".._--"'..,..~,,----_._---~.- - ~.~._-, ---,._",-' ~-,-~._...,._.. _.,,-----........._,-----,,_._-_..._.~.^_._"--_..-- .----,--, __,u.______ . 17 A h.~ . EXIllBIT F DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT ADDlES CORNER MPUD I. TRANSPORTATION REQUIREMENTS (Amended by Transportation Staff on 2/4/1 0) changes accepted on 3/26/10 and then CAO edits put in) 1. The Owner will dedicate in fee right-of-way for the purpose of relocating the Cocohatchee Canal as depicted on Tract A on the MPUD Master Plan, that includes compensatory right-of-way for the turn lane into the project. This area comprises:l: 1.62 acres and was based on the most current information available at the time of approval of this ordinance. The property owner will dedicate to Collier County this right-of-way within 90 days of written request of the County at no cost to the County. The County will be responsible to relocate the canal, except only those portions immediately adjacent to (approximately 100' each side of) the proposed bridge. Collier County Transportation will provide design direction to the developer as to the ultimate alignment of the relocated canal prior to the time of SDP approval. 2. The Owner, his successor or assigns shall provide a roadway connection available , to adjacent properties to facilitate interconnection to the properties to the east (the , I Tree Farm MPUD) and West (Mirasol PUD), at the time of submittal of the first development order application, 3. When Owner constructs the bridge providing connection to Immokalee Road it shall be constructed in a loeation consistent with the future location of the Cocohatchee Canal to accommodate the ultimate canal eonftguration. This will include relocation of the canal immediately adjacent to (approximately 100' each side of) the proposed bridge, 4, The Owner, his successor, or assigns agrees to construct at no cost to the County a 12' multi-use pathway along the North side of the future location of the Cocohatchee Canal, within property owned by Collier County, which shall I connect to the pathway to the West. A 10' pathway may be substituted at this , location if consistent with the County's Comprehensive Pathway Plan. This pathway shall be constructed prior to issuance of the first Certificate of Occupancy. 5. The development within this project shall be limited to 1,044 unadjusted two- way PM peak hour trips (or 708 adjusted two-way, PM peak hour trips; correspondent to the highest trip generation scenario of those proposed in the updated traffic study information dated November 6, 2009); allowing for flexibility in the proposed uses without creating unforeseen impacts on the Addies Comer MPUD PUDZ-2009.AR.I4425 Lastrevised: 01.26-11 Page 11 of12 ._.-------_._-----~ ..-_. --_.~.._. -,._._-,._-,-,- -"-~~----- " -,.----,,- _.._~--_. -- ---- - -~.._._--- -- -_. ..-- .-._---.. 17A 1 . adjacent roadway network. The terms "adjusted" and "unadjusted" shall . reference allowances for pass-by and internal capture trip reductions. For pwposes of calculation of the weekday PM peak hour trip generation of this PUD, the lesser of the weekday PM peak hour trips as calculated in the Institute of Traffic Engineer's (ITE) Report, titled Trip Generation, 8th Edition or the trip generation as calculated in the then current lTE Trip Generation Report shall be utilized. 6, The Owner, his successor, or assigns agrees to be responsible for 2% of the construction costs (not to exceed $50,000) to be considered the PUD's proportionate share of the improvements to the intersection of C.R, 951 and Immokalee Road, Payment shall be due within 90 days of receipt of the County's written request. The tenn "improvements", in this paragraph, means the relocation of the canal, the at-grade improvement of turning movements and turn lanes, all other ancillary at-grade improvements (curbs, bike lanes, etc), construction of a relocated bridge over the Cocohatchee Canal, and signalization for all movements. The tenn does not refer to potential future, grade-separated intersection improvements. II. ENVIRONMENTAL 1. Based on total site acreage of 23.34 acres and 22.65 acres of native habitat area, 3.4 acres (15% of habitat area) is required to be preserved pursuant to the Collier County Land Development Code. The MPUD Master Plan shall provide 8.85 acres of preserve area. 2. As a part of the Environmental Resource Pennitting process of the South Florida Water Management District (SFWMD) and the United States Army Corps of Engineers (USACOE), recommendations from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the United States Fish and Wildlife Service (USFWS) regarding impacts to protected wildlife species will be incorporated into the permits issued for this project. The developer shall comply with the guidelines set forth within those permits. Habitat management plans shall be provided for the Florida panther, Florida black bear, Big Cypress fox squirrel, wood stork, and any other protected species which inhabit or utilize the areas within the project. Addies Comer MPUD PUDZ-2009.AR-14425 Last revised: 01.26-11 Page 12 of 12 . --------------.----- -_.-.,._~._-,-- m_....._........._...._ "~,-,-------------_._._-_._- ~.~.-.._-~~~--,--_. 17A It:j Acct. #068779 March 16,2011 Attn: Legals Naples News Media 1100 lmmokalee Road Naples, Florida 34110 Re: PUDZ-2009-AR-14425, Addie's Corner Dear Legals: Please advertise the above referenced notice on Tuesday, March 22, 2011, 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. #4500096189 .-.--.....-.''''-...---.-.-.-.--.-.........-...-. -"'-'"--~' ~........ _...'.______.~.M_._~_______._m_".._.__._. ..~.,.._.._..._ .' .~".~~----,-~----,,-- 17A 1'1 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, April 12, 2011, 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 NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT TO ALLOW FOR DEVELOPMENT OF UP TO 135,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT AND/OR A RETIREMENT COMMUNITY/GROUP HOUSING AT A FAR OF .60 AND/OR A HOTEL/MOTEL AT AN INTENSITY OF 26 UNITS PER ACRE FOR A 23.33 +/- ACRE PARCEL TO BE KNOWN AS THE ADDIE'S CORNER MPUD, LOCATED IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF IMMOKALEE ROAD (CR 846) AND COLLIER BOULEVARD (CR 951), IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. 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. - ---------------- _n ""~"_~.____.____.._ ._.__w___~____,____._____.>____~_____..._.___._~__________ 17 A 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 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 FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) --,-"..-_...~"--- -"~-'~-------"'--~-- -_._--_.~- ~ty~,?re~llier 17 A I CLERK OF THE t1RC~IT COURT Dwight E. Brock COLLIER COUNTY. 'aUK (lOUSE Clerk of Courts 3301 TAMIAMI ~AIL EAST Clerk of Courts PO. BOX 4\3044 Accountant NAPLES, FLORIDA'4101-3044 Auditor ..il- ! Custodian of County Funds '1~ j '" March 16,2011 Robert Duane Hole Montes, Inc, 950 Encore Way Naples, FL 34105 Re: Petition: PUDZ-2009-AR-14425, Addie's Corner Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 22, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Tuesday, March 22,2011. 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 Wcbsite: www.collierclerk.com Email: collierclerk(ilcollierclerk.com "-"'_._-""''<--''.-~' ~~__._c..._~ >_~~._ .~~_.,~--"'~~,'""^._,.~_....~.-._----_...- -. ._.~.,,"-"_._,~-" c-~ '~-~-~L 17A I; ~ ~E!y,?fe~llier CLERK OF THE G~RCtJIT COURT Dwight E. Brock COLLIER COUNTY tOURlIHOUSE Clerk of Courts 330 I TAMIAMI ~AIl E\,ST Clerk of Courts Accountant PO. BOX 4 3044 , NAPLES, FlORIDA~4101-3t)44 Auditor ~ . Custodian of County Funds "11"\ ! , ! ~:?,--j March 16,2011 Larry Pomposini Happy #4 Family Corporation 927 N. Highland Avenue Pittsburg, P A 15206 Re: Petition: PUDZ-2009-AR-14425, Addie's Corner Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 22, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Tuesday, March 22,2011. 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: collierclerk(a.collierclerk.com "----------,..._"._~~,."._._-,-"_._-,-,""._,......._-"..~-~,-" _.._..._-,..~,."--.-~..--...-''"-,~-,..."-~--_..- ..,.--.---- 17 A hli~ Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, March 16, 2011 3:49 PM To: Naples Daily News Legals Subject: PUDZ-2009-AR-14425, Addie's Corner Attachments: PUDZ-2009-AR-14425 Addie's Corner (4-12-11).doc; PUDZ-2009-AR-14425 Addie's Corner (4-12-11).doc Legals, Please advertise the following attached ad on Tuesdav. March 22. 2011. Send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.veraaratOlcollierclerk.com 1 .__H_. .. - -- Martha S. Vergara 17&1. From: Legals NDN [Iegals@naplesnewscom] Sent: Wednesday, March 16, 20113:56 PM To: Martha S. Vergara Subject: RE: PUDZ-2009-AR-14425, Addie's Corner OK fEmeCy Cl'aean :Napfes (})aily :News Legal (})ept (})irect Line: 239-213-6061 Pa:{.Line: 39-263-4703 Send notices to: leqals@naplesnews.com From: Martha S. Vergara rmailto:Martha.Verqara(Cilcollierclerk.coml Sent: Wednesday, March 16, 2011 3:49 PM To: Legals NDN Subject: PUDZ-2009-AR-14425, Addie's Corner Legals, Please advertise the following attached ad on Tuesdav. March 22. 2011. Send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court 1 _<.,..._d._.__.,~,_"M' ...,. .. 0<,""_ - -- ,~-~_._---.'...__..__.._.,---_.._,,_..,.---_._--'--- 17A I < I; and Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha. veraara<.lilcollierclerk.com 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 helodesk@collierclerk.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 emaits and attachments having left the CollierClerk.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. 2 -- -,~~,,--,'-'-.'"-'-'-'"'~~'~'~-''''------- fUDl-- zm9 - /1/Z--ftft! Zs Martha S. Vergara -fULi e}S en Y\eJ' 17 A From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Wednesday, March 16, 20114:22 PM To: Martha S. Vergara Subject: Ad Confirmation Attachments: UAS2C6F.jpg ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1894395 Total Ad Cost $295.50 Emeluy Pagan 213-6061 1 "_._"~--_._--~_.,-~ >--,~..,---- ~'-'_.'~--~"~---'-"--'-"".""'_._'-'~-~'._'-'-' 17 ,A I Martha S. Vergara From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Friday, March 18,2011 12:04 PM To: Martha S. Vergara Subject: RE: Ad Confirmation Thanks, Emely Pagan Naples Daily News Legal Dept Direct Line: 239-213-6e61 Fax Line: 39-263-47e3 Send notices to: legals~naplesnews.com -----Original Message----- From: Martha S. Vergara rmailto:Martha.Vergara~collierclerk.coml Sent: Friday, March 18, 2ell 11:47 AM To: Pagan, Emely Subject: RE: Ad Confirmation Hi Em} I don't know if I sent this one to you,. but it looks good please proceed with the ad.. Thanks, Martha -----Original Message----- From: Pagan, Emely rmailto:EPagan~Naplesnews.coml Sent: Thursday, March 17, 2ell 9:51 AM To: Martha S. Vergara Subject: Ad Confirmation Thank you for placing your ad. Ad Number 1894395 Total Ad Cost $295.5e Emely 213-6e61 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. 1 ----_.~,...,._-~--_.__._..~-, - ---_..~...... ".,.....-- ""'~'~- - ..--......".--..-.'-.--- ~--, 17 A Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing heIDdesk~collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 ..'--~~._---'''"''--~' ._'..~.a..~__.._"_"'"__,~__,_~,__,,,~___~__"_._"",,______ .--.". 17A I\1)1)If's Loll - fiCOTlcI:Cf lNfM'TOCONSIDMOIDItJWKE Notice 1$ ~ ~n ttiat'or'I TUESDAY, April-12. ,20n,.in theSoardroom. 3rd Floor, Adm nistratlon BlJlldlnL Collier County GoWerhmerit C.nter; 32!J9 !I$t fa" miami Trall, Naplll5.Floria t ,BOlrd of COUMy-<-c.mmitsl~-_wt~~_the enllctl'nent of a Coul'lty OtdInance. The meetlngwHt -ci:irnfti~e: at 9. _ '~. .' The tit":'ofthe pro~do;QlnaQ(e i$ ufO/IO'o'f5: AN 'ORDINANCE OF THE BOARD OF COUNTY COMMiSSIONeRs OF COLlfEftCOU~ TV,"'O~D" AM'NDINGORDtNJ\NCE NU"Br,~', ~ _.. L1ER COUNTY LAND DEVw)pMEHT; -CODE W I IHeLUD THE " _ E ZONING 'flEGUU\TIONS FOR THe VNINCb,",~TED AREA OF.HCt)U. _ - C - . , FLORIDA, BY AMENDING THI: APPROPRIATE ZONING A1l.A5 -MAP'OttMAl\S8Y CHANGING TH!ZONING Cl.ASSIFlCAllON Of TflE HEREIN DE~-RrJx PROPeR- TY' FROM A RURAL '.AGRICUlTUM1. (,0\) ZONING"O!S't'RtCT -" 'A" ED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DistRltTif _ At..t.OWf!tlR DEVEl. OPMENT OF uP to 135.000'SQUAR! FEET OF COMMiIlO L ,MVIl.OPMENT AN- D/OR A RETralMeNT COMMOOITV/GROUP HOUSING AT AF4.'tOf.f(t'ANOIOR A HOTE~l ALAN INTlNSrrv OF 26: UNffS PER~ FORA ,U'~+J~ PAR- CEL TO Bl ~NO'NN AS TH~ ADDIf:S CORNiR MP ',' LOCATED WI ,. ,:' HWEST QUADflANT 'Of THE tNtEftSECTtON -OF- ~{CR'",,, cOulU B01JLEVMQ'(CRt51y,:INSICnOii,U,T, ,';: ,HifI.:ANGC'2fUST,COL" LIER'COUNTY, FLORIDA; ANO IV IIROVff>ING-A " DATI!. Copies :ofttl.e-~Ordlhlnu are on file ~~e'berk to the BOatd and a~ available. for i~IQR. AlIlnterested partJeure-in - toattencl ~,~h"'rd. NOTE:, All ~&I'$Ons wiShing to' speak ori any Ilnd" Item must register with the Coun~d=~wVrior to presentation 91" eagtt~aiterY\tobe 'add~. IndWi S liltS, 'be4hnJtid-to'mlnIltftWlJiny ~ Thfse=".ofallln- divlduel to~ on bti)alf of oI1l, Of9aniza'tlon ,orgrol,lp Ise:r ,If ~ecog- nlze~ by the ,kirlin, a sPQk~IJO" for a group !:)r organlzlltmll}',tJlI1 allotted 10 mlnlltes tD speak on IIn Item.' ~rscris wiStitng -to have- W'fitte" or 'graphic mItiU""lllndtJdfij- in-th. to.rda,enda packtts must sWlmltsaid material a mlnlml,lm of.3'wetb ,prior,~:~_ .~ve ~ulMkh.~., In .tt'Iy, case, wfitten; materi.,.,in_:w W bt, JOn~fed the oard shill be slJbmitted to the appropriate COl,/Ilty sa a minimum oheven days prior to the,publk hearing. All- ,l11ltei'ial ~\tnpr_ntatlollS,~- the Board wlJlbecomeapefm.fnentpertofthtrecord, " -', ",' Any person whodecl~ti:,:gPNI.decisionof the SOard w}ll /leltd,a record of the prOCudi~gsp<<lUiftlnQ , ,oandthereforej_~"*toensu~tha~,a~lm record of t~trJis = whict) '" .in(:",", tM;ttstll'ltO,riy I" m- denaoUfJOlltti:e ,fetls' . If r.O\l are a penim with. dlsablll4' who needs any aCCommodation-In ~er to par- tie.:::. In. this proceeding. you are entltl4d. at no cost to you. tg the =~ of ce .k1 .sskta~e;,~=the COllierCOQ~arjlki. Man.gem .,~rt. m~l~ aLD3$ Tam Mi~t -E..., 8uJ W,~,FIoriGa 112, (2 !i2 . .' ASititMt Iwr.~ ces for the I\ea ng-lmpaired Me, available in the County Commu.iolHrs' Office. 8OARQ.OFCQUHlY COMMlSSlOH!I\S ' COL~C~Ntr,,;FlQNOA , fRED C;OV\.E",-CHAfRMAN \ DWIGHT E. 8ROCK, CLERK By: Marthe! Vergara, DepUty Clerk (SEAl) A.brrh" :;>011 ',",'--::It!" ,-'. '^ ._-,--'~ -~-" --~--_._-------- - 17 A NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee ~lIIl~nOCON$lD"OllD_ Before the undersigned they serve as the authority, personally N""," I. htJ'~~=irUISOAY' Apdi~~'h"';J"d FIoO#i 'AOmIrllstUl .... . 'O:iIIitcrCoul1tY:., , "CWl~,l2t9 " ,r.a- appeared Kim Pokamev, who on oath says that she serves as ml...O,,"o;"_ m ''''rO.. ~'!lrilifn~"""" "'. the Accounting Manager of the Naples Daily News, a daily enaatMfft,a~n~.~n\e nf,~.a1t:__. . The -ot!..~-""'_ ' , newspaper published at Naples, in Collier County, Florida; AH 0ilDlH~~8~~UNl'Y COMMISS1oNrll! 1>< C~UE'cotIH- distributed in Collier and Lee counties of Florida: that the TV..... '0 'NU~~1Ic. ~1111"', ',._1 " ,,' ,'.' I,'!.GU ~_ l!' , C , attached copy of the advertising. being a F 'rr ~ TM~_l! ','" , 9!'.... 0'_ 8y ( . NGT~.I__'Of~a~Q ~AL_'- .. ARUOA'Rl ZOHNG' .;","00. USE PUBLIC NOTICE Pl.AIiN . J'I"il' ',', acHING 01 ~ DEVEL- ~HT" ", Uf", ,,'.'" " FEET OF co' ", , ENT AN- ~Al:I~H:~mri~t:~~:~ in the matter of PUBLIC NOTICE CELAClIA'tlfft1m' ~ 1M _,~1tC,' .~'T ~LlV_(CllKl1.lN =~W...~ LIERCOUNT'i',FlOAID 'ANI)-:I'(. ',' ,N ',' :" '_ was published in said newspaper 1 time in the issue .' " "'!''';:'_''':' ;i~> "',: ",,", toplls~'~~'~_ are Oft nJe '=~i1 tQth.i.~d and' are on March 22, 2011 av8j~e~',I~ A, 1,IJ~1*1:1":n . tit ndifidbth',II'~. , NOTl;coil' = """"I to "". on "'y '3,."""'llI\J!ol)Olt ~r '""'the c admi\1lt~ I'.'iorto'lif' ". .,iWf\'to....,.ddreiAd. Affiant further says that the said Naples Daily News is a newspapel ~'~/'_-=tr:~~~~",.. ,.~"'''. published at Naples, in said Collier COUDty, Florida. and that the said n..~ ~=~~~~9r~~;~"'~#.!"= newspaper has heretofore been continuously published in said Collier 10 mtnUtef ' _;ofuniNin;' -. . . - P.~:"~~-tit~'~':lJl~Ic,~j~I.....,tii~ County, Florida: distributed in Collier and Lee counties of Florida, PI<X'u" ~.'ooId m ri>!.,.,..'m... ~ ~'-"'<;~'H'" each day and has been entered as second class mail matter at the post =~...~....~~-- n\OlI11i~ "'. office in Naples, in said Collier County, Florida, for a period of 1 rd .1i.11. ~ '" ~lf.~Co.untY ....n ... """'to !~. " '~'~"" ria' ""~'i~,~'tI1il 8Do(d year next preceding the first publication of the attached copy of WlH.be6omlt.P.nM~"".pf...'rfQlrd, "-""""': ,-,",- :',"" advertisement; and affiant further says that he has neither paid nor Any p.".n a~lf~JlP';lt4;~~n,..",. ..... ~I_. rowd of "'. promised any person, firm or corporation any discount. rebate, prqcftdlQGI. . .. ~.nteiilto-.nmethataverbatlm commission or refund for the purpose of securing this advertisement for re<o!4:" t. ,~= whkh ,!io<liiItij ...__ .... .,.;. PUbli2the~spaper ______ d.rta!~". 11, _,' " iI".'_~r~.~.~~onln~rd~tow ti ~ " ontltled.~toYOu,to"'_'"'''' ': '. '. . '. Coll'-t' -. tiAdt~"M~M- '" .. . (Signature ofa~ ~.' eW~1 't:.r"'wl.:=""- ~ tti C1r e Ag-' ielI .1'tl_v.flabIeJn teCoul\tfC-~~' e, ' -". '.' Sworn to and subscribed before me "'~cI;~~.... fllfDllIi>~L,.~H This 24th day of March, 20] 1 DWIGHT E. lUlOCK;a.!RIC ~ By: 'MtI1~ Y,~r.. ~~C.rk ;." ~ ' ,.. - .c." (SEAIl Mlll'C"h" )It" Nn1Ra4lQIj; ""~~~~~~;~"" KAROL E KANGAS tm~ Notary PublIC - ~tate of Florida %,U}.. - ".if} My Comm. Expires Jul 29, 2013 ';';;{f{,f f\"~:'''' Commission # DO 912237 1,,,,,,,,,_ ~__k_'_._ ~--'----"'-"----'-.. ._ _.__m._._____ . 17~ \, - . NAPLES DAILY NEWS Published Daily Naples, FL 34]]0 Affidavit of Publication State of Florida ~Cl/IIll'M;roC~~ . Counties of Collier and Lee N~r."h~Ii:~AY. AF~~=1f'~~~ ',d Floe, -Adm _ .1 '- ~, l,W r .' _ .:c ..BIt. Ta- ml"'" r,JII. _liS..... '" ~A'~i .., Before the undersigned they serve as the authority, personally :.~=~_ _ ~Mft.~.. ':-"",._,' :'it" '~. ~".~ appeared Kim Pokarnev. who on oath says that she serves as AN oNllNAHCl! "" ",. tg::&-t.COVNTY C~1lS Qt(OWiR COON. 'IY.="A_.NlJ,,' " "M the Accounting Manager of the Naples Daily News, a daily UEllNlV rft!HI}!. '. ZoNlN6l1EGUl,A '. Ie' .,. 'co newspaper published at Naples, in Collier County, Florida; =""&M' T1ZOIll', ._~ distributed in Collier and Lee counties of Florida; that the 1H<l..... 1NG OF Mill . _PROPER. TU:rr~RU~~~ ~NGk ~, attached copy of the advertising, being a PlANN . a' jc! oWr- A ,', OM\.. ~EN1"'" up' ~Of .' _ - EHTAN- DIOIt4RET _ ,', _ ,;H(N '- ,'-:~ = HO~'l AT AN ~l.r' UNns '" ... '. ,PAR. PUBLIC NOTICE C<':.Ji,IifI.;n.1Jr . . " .,' . ~liVARD(t1I..~ 12,.. .~ LIERCOtJNTY,FLORtDA;ANCi'.w~ _ _ ;-:,'--,-"_'.~- '''.-.' in the matter of PUBLIC NOTICE I -'. ". .'. ..' "', .... . '.' .: "--,;'<':'.i'>".~.:/--.~.._. .'...../.....-', '.c:' . cop~~~~" ..,lljevdti>.tIlO~.jJiO ~;;;d ON avlif.bJefor_ , - - _ p&I'tfft'~.1lWltUfo _ -'I'Jd:~ _' . ~ " " ': .: (':1' ","','- __,' - ,,_,,"X/ - :,; . was published in said newspaper 1 time in the issue N~T1, ~~~~w'_on.~ E'?i-;:~f ~ ='0\0< r.~~~~ · .10...... on March 22, 2011 'co ....wIllif clil!llml . ,",' . 'c' .11I- dMdu to'lIl!Mk on<~"bf .'lX'. .' re~ rilad by'11lt~- -..-" . ",..-'01',,,, 'W'.11ottid lomlnutfS'1tIilPNkTiiifidtilint:,,",;\-.:/.. ~~~:" Affiant further says that the said Naples Daily News is a newspaper =~~~k~~~.~if~~t-~ published at Naples, in said Collier County, Florida. and that the said newspaper has heretofore been continuously published m said Collier ~~."'~~ ,-, '. c~ tho ;m. iii ..'. . '............. County. Florida; distributed in Collier and Lee counties of Florida. Of'tQthe;~.. .', . I ..~.. ~,.. each day and has been entered as second class mail matter at the post W~b~'O.'''''~~ofllW.' . .,~~"" .c. office in Naples, in said Collier County. Florida. for a penod of 1 Any person wllO_cteCrdes~"l'~iIion,ofth. :=r:.u"'.-rf!COrd of the year next preceding the first publication of the attached copy of _'odJ,...~~ .~. "'"'!!i~ ,. .,10, =:=m "'ord of t!oit. "r:;; __ '"',' .. ~dvenisement; and affiant further says that he has neither paid nor ........."" h .'". . promised any person, firm or corporation any discount. rebate, ..', "." . --'. .,. ",..", . If !"l.ON ~ -~"""'~wI>o_"'r~1._to.... commission or refund for the purpose of securing this advenlsement for t="l','..~..=.ltl\O(oitto~,to~.._ 9f PU2~~~. ~~_.~~~~It /' > "". " . . : for, . ,,' . ;" 'ar. tveit.IMJn the ount:yCQiTi,m~OMce.- c__: ",:~_:'" , _~(CMflY~51J]IJ1ft5 ( Signature of affiant) ~.,..A,'.' IIlEOWlU,"'_~ . DWIGHT E. ,8R.Qd(.CL9ltl: S worn to and subscribed before me ' '",--- By: MI~,~~r;l'~~ qwk This 24th day of March, 20] I (SEAL) ""arm" 10'1 Nt..JIQ4:l1QI;. ,,~~~~"t::;,;; KAROL E KANGAS lm\ Notary Public. Slat, of Florida ~Il):" '" "ff My Comm. Expires Ju! 29, 2013 ~""'-::'~(Jf-f\o,~~'~ CommiSSIon # DD 912237 ,;,,,,,,, _..---, .----- ,- --'~'~'----- ---- -.'''..-.-..-------" ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J? Print on pink papetT~.~ ~~~~c?m~tCo?g~~d~C~m~~~~!e~~?e~~e~~ t~~!~~~c~~~o~~~~~~n~SIiP and Origid [of documents are to be forwarded to the Board Office only after the Board has tak~n 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 exce tion of the Chairman's si nature, draw a line thrau routin lines # 1 thrau h #4, com lete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date List in routin order 1. Judy Puig 41 \I 2, 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County .q l,t-I, ( Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe 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 Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the item. Name of Primary Staff Kay Deselem Phone Number 252-2931 Contact Agenda Date Item was April 12, 2011 Agenda Item Number 17.A. A roved b the BCC Type of Document Ordinance Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is N/A (Not a ro riate. A licable) 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, ~O 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 ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's ~O Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the ~O document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's A:O si ature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. ~O 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 our deadlim:s! 6. The document was approved by the BCC April 12,201 I and all changes made during the meeting have been incorporated in the attached document. The County ~O Attorne 's Office has reviewed the chan es, if a licable, I: Forms! County Forms/ BeC Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 - -~.._..__.._,. - -- .-- 17A , tJ MEMORANDUM Date April 21, 2011 To: Kay Deselem, Principal Planner Zoning and Land Development From: Teresa Polaski, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2011-08: PUDZ-2009-AR-14425 - Addies Corner Attached for your records is a copy of the Ordinance referenced above (Item #17 A) adopted by the Board of County Commissioners April 12, 2011. The Minutes and Record's Department will hold the original document in the Official Record's of the Board. If you have any questions, please call me at 252-8411. Thank you. Attachment ~'.".__._.~~ l7A MEMORANDUM Date: April 21, 2011 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinances: 2011-08,2011-09,2011-11 and 2011-12 Attached, for your records you will find one (I) copy of the document referenced above, adopted by the Board of County Commissioners on Tuesday, April 12, 2011. If you should have any questions, please call me at 252-8411. Thank you. Attachments --".._------ ORDINANCE NO, 2011- 08 l?A AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-4t, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MpUD) ZONING DISTRICT TO ALLOW FOR DEVELOPMENT OF UP TO t35,OOO SQUARE FEET OF COMMERCIAL DEVELOPMENT AND/OR A RETIREMENT COMMUNITY/GROUP HOUSING AT A FAR OF .60 AND/OR A HOTEL/MOTEL AT AN INTENSITY OF 26 UNITS PER ACRE FOR A 23.33+/- ACRE PARCEL TO BE KNOWN AS THE ADDIE'S CORNER MPUD, LOCATED IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF IMMOKALEE ROAD (CR 846) AND COLLIER BOULEVARD (CR 951), IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Happy #4 Family Corporation, represented by Robert L. Duane, AICP of Hole Montes and Richard D. Yovanovich, Esquire, of Coleman, Yovanovich & Koester, P.A., 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 22, Township 48 South, Range 26 East, Collier County, Florida, is changed trom a Rural Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District to allow for development of up to 135,000 square fcct of commercial development and/or a retirement community/group housing at a FAR of .60 and/or a hotel/motel at an intensity 01'26 units per acre for a 23.33+/- acre parcel to be known as Addie's Corner MPUD, in accordance with Exhibits A through F attached hercto and incorporatcd by reference herein. The appropriate zoning atlas map or maps, Addies Corner PUDZ-2009-AR-14425 Revised 1/241\ 1 Page I 01'2 ~'._"-= -...,----" -. -..---...-.--..,-........-........-.--.-.-. 17A as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/arc hercby amended accordingly. SECTION JWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-maJonty vote of the Board of County Commissioners of Collier County, Florida, this ~ day of _~, 2011. . ~\')DO(;> BOARD OF COUNTY COMMISSIONERS ~:J :t.:...: >P/, ~tl'\ViQHJ'.I;.'l'l~pK, CLERK COLLIER COUNTY, FLORIDA !:.;..,--~"'."'~~ ",.__.._.-i i" .,'c it ,,j) i "", i Y. . .i~ j r; - -C By: ',-- --'-~' ~...... \... p'""'L-~ ~ 5-. . ...-\' ~ :- ~\t.a tU/"'~;'ch4I~u(y Clcrk FRED W. COYLE, Chairm~ll-i .S. ..It, ._~....~ Approved as to form. and legal sufficiency: ~A J( ,A- ()fo eidi Ashton-Cicko Assistant County Attorney Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requestcd Deviations ti-om LDC Exhibit F: Developer Commitments 09.CPS.0095 1166 Addies Comer PUDZ.2009.AR-14425 Revised 1/24/11 Page 2 of2 '",--'" --. ~..---._.- -,._--~~.~.- EXHIBIT "A" l7A LIST OF PERMITTED USES ADDlES CORNER MPUD 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: I. Tract A - Permitted Commercial Principal Uses: A. Commercial Professional Retail & General Office Permitted Use (Sic In Parenthesis) 1. Accident & Health Insurance Services (6321) 2. Accounting, Auditing and Bookkeeping Services (8721) 3. Adjustment services (7322) 4. Advertising (consultants) agencies (7311) 5. Advertising, not elsewhere classified (7319) 6. Agricultural uses eN/A) 7. Architectural services (8712) 8. Auto & Home Supply Stores (5531) 9. Bakeries, Retail (5461) 10. Banks, commercial: national (6021 ) 11. Banks, commercial: not chartered (6029) 12. Banks, commercial: state (6022) 13. Banks, savings: Federal (6035) 14. Banks, savings: not federally chartered (6036) 15. Barber Shops (7241) 16. Beauty Shops (7231) 17. Book Stores (5942) 18. Business Associations (8611) 19. Business Consulting Services, not elsewhere classified (8748) 20. Camera & Photographic Supply Stores (5946) 21. Candy, Nut & Confectionery Stores (5441) 22. Carpet and Upholstery Cleaning (7217) 23. Civic, Social and Fraternal Associations (8641 ) 24. Clothing & Accessory Stores, Men's & Boy's (5611) 25. Clothing Stores, Women's (5621) 26. Collection Services (7322) 27. Commodity Contracts Brokers & Dealers (6221) 28. Commercial Art & Graphic Design (7336) 29. Commercial Photography (7335) 30. Commercial Economic, Sociological & Educational Research (8732) 31. Computer & Computer Software Stores (5734) 32. Computer Facilities Management Services (7376) 33. Computer Maintenance and Repair (7378) 34. Computer Processing & Data Preparation Services (7374) 35. Computer Programming services (7371) Addies Corner MPUD PUDZ-2009-AR-14425 Last revised: 03-02-11 Page I of]2 ~~___.,. .;.,_..,.~~_,",~..~._,.._.,'_,_",._,__,,,~~__,",._" 'N_' .~..,__ _ ""__'.'_'_"'_""'..""'.. .. _,'. _...,__~__.___ 36. Computer Rental & Leasing (7377) l?A 37. Credit Reporting Services (1323) 38. Credit Unions, Federa] (606] ) 39. Credit Unions, State: not federally chartered (6062) 40. Dairy Products Stores (545]) 41. Data Processing Consultants (7379) 42. Dance Studios, Schools & Halls (7911) 43. Data Processing Services (7374) 44. Dental Laboratories (8072) 45. Dentist Office/Clinic (802]) 46. Direct mail advertising service (733 ]) 47. Direct Selling Establishments (5963) 48. Doctors - Medicine Offices & Clinics (80] ]) 49. Doctors - Osteopathy Offices & Clinics (803]) 50. Doctors - Chiropractors Offices & Clinics (8041) 51. Drapery, Curtain & Upholstery Stores (5714) 52. Drinking Places (Alcoholic Beverages); Bottle Clubs and Cabarets (5813) are not permitted 53. Drug Stores (59]2) 54. Eating Places (5812) 55. Engineering services: industrial, civil, electrical, mechanical, marine (8711) and design 56. Executive Offices (9111) 57. Executive & Legislative Offices Combined (9131) 58. Fire, Marine & Casualty Insurance Services (633]) 59. Floor Covering Stores (57] 3) 60. Florists (5992) 61. Food Stores, Miscellaneous (5499) 62. Foreign Branches & Agencies of Banks (6081) 63. Foreign Trade & International Banking Institutions (6082) 64. Furniture Stores (57]2) 65. Funeral home or parlor (7261) 66. Gasoline Service Stations (5541) 67. General Government, not elsewhere classified (9]99) 68. Gift, Novelty & Souvenir Shops (5947) 69. Grocery Stores (541 ]) 70. Hair weaving or Replacement Services (7299) 71. Hardware Store (5251) 72. Health practitioners - not elsewhere classified (8049) 73. Hobby, Toy & Games Shops (5945) 74. Home health care services (8082) 75. Hotels & Motels (70] I) 76. Household Appliance Stores (5722) 77. Hospital & Medical Healthy Services (6324) 78. Information Retrieval Services (7375) 79. Insurance Carriers, not elsewhere classified (6399) 80. Investment Advice (6282) 81. Jewelry Stores (5944) 82. Land Subdividers & Developers (6552) 83. Landscape architects, consulting & planning (078] ) 84. Laundries (Coin Operated) & Dry-cleaning (72]5) Addies Corner MPUD PUDZ-2009-AR-14425 Last revised: 03-02-] ] Page 2 of 12 _-_"0' .,...."-~-----_. .._--._~"._.."~~._,~- "..-.,.,.-...,-.. 85. Legal services (8111) 17A 86. Libraries (except regional libraries) (8231 ) 87. Life Insurance Services (6311) 88. Liquor Stores (5921) 89. Loan brokers (6]63) 90. Luggage & Leather Goods Stores (5948) 91. Management Services (8741 ) 92. Management Consulting Services (8742) 93. Markets, Meat & Fish (Seafood) Markets (5421) 94. Markets, Fruit & Vegetable Markets (5431 ) 95. Medical Equipment Rentol & Leasing (7352) 96. Medical Laboratories (8071 ) 97. Membership Organizations, not elsewhere classified (8699) 98. Miscellaneous amusement and recreational services not elsewhere (7999) classified. Only judo instruction, karate instruction, moped rental, motorcycle rental, rental of bicycles, scuba and skin diving instruction are permitted 99. Miscellaneous Business Credit Institutions (6159) 100. Miscellaneous General Merchandise Stores (5399) 101. Miscellaneous Home Furnishings Stores (5719) 102. Miscellaneous personal services, not elsewhere classified excluding (7299) massage parlors, steam baths, tattoo parlors and Turkish baths. 103. Miscellaneous Retail Stores, not elsewhere classified (5999) 104. Mortgage Bankers & Loan Correspondents (6162) ]05. Musical Instrument Stores (5736) 106. News Dealers & Newsstands (5994) 107. Nondeposit Trust Facilities (6091) 108. Optical Goods Stores (5995) 109. Optometrists - offices & clinics (8042) t 10. Paint, Glass & Wallpaper Stores (5231) Ill. Pension, Health and Welfare Funds Services (6371 ) 112. Personal Credit Institutions (6141) 113. Photocopying & Duplicating Services (7334) 114. Photographic Studios, Portrait (7221) 115. Photofinishing Laboratories (7384) 116. Physical Fitness Facilities (permitted only when physically integrated (7991) and operated in conjunction with another permitted use in this district - no stand alone facility permitted) 117. Podiatrists - offices & clinics (8043) 118. Political Organizations (8651) 119. Professional Membership Organizations (8621) 120. Professional Sports Clubs & Promoters (7941) 121. Public Relations Services (8743) 122. Radio, Television & Consumer Electronics Stores (5731) 123. Radio, Television & Publishers Advertising Representatives (7313) 124. Real Estate Agents and Managers (653]) 125. Record & Prerecorded Tape Stores; adult video rental or sales (5735) prohibited 126. Religious Organizations (8661) 127. Repair Shops & Related Services, not elsewhere classified (7699) 128. Retail Nurseries, Lawn & Garden Supply Stores (5261) Addies Comer MPUD PUDZ-2Q09-AR- ]4425 Last revised: 03-02-11 Page 3 of]2 -_.~.- "~_~_"__'__~_____._"'_._m.".~' _ _ . "__.__,_ .,.- _.~,."-" 129. Secretarial and Court Reporting Services (7338) 17A- 130. Security Brokers, Dealers & Flotation Companies (6211) 131. Security and Commodity Exchanges (6231) 132. Sewing, Needlework & Piece Goods Stores (5949) 133. Services Allied with the Exchange of Securities or Commodities, not (6289) elsewhere classified 134. Shoe Repair Shops and Shoeshine Parlors (7251) 135. Short-Term Business Credit Institutions, except agricultural (6153) 136. Social Services. Individual & Family (activity centers, elderly or (8322) handicapped only; day care centers for adult & handicapped only) 137. Sporting Goods Stores & Bicycle Shops (5941) 138. Stationery Stores (5943) 139. Stores, Children's and Infants Wear (5641) 140. Stores, Family Clothing (5651) 141. Stores, Miscellaneous Apparel & Accessory (5699) 142. Stores, Shoes (5661) 143. Stores, Women's Accessory & Specialty (5632) 144. Surety Insurance Services (6351 ) 145. Surveying Services (8713 ) 146. Tanning Salons (7299) 147. Tax Return Preparation Services (7291) 148. Title Abstract Offices (6541) 149. Title Insurance Services (6361) 150. Tobacco Stores & Stands (5993) 151. Travel Agencies (no other transportation services) (4724) 152. Used Merchandise Stores (5932) 153. Veterinary services for animal specialties (0742) 154. Video Tape Rental, adult video rental or sales prohibited (7841) 155. Watch, Clock & Jewelry Repair (7631) II. Tract A - Permitted Group Housing/Retirement Communitv/Principal Uses: A. Group Housing, 8051 Skilled Nursing, Intermediate Care Facilities 8052, Nursing and Personal Care not else classified 8059. B. Independent Living Units C. Assisted Living Units D. Retirement Community III. Tract A - Permitted Accessorv Uses: Accessory uses customarily associated with the permitted principal uses, including, but not limited to: A. Uses and structures that are accessory and incidental to the permitted uses within this MPUD document. Addies Comer MPUD PUDZ-2009-AR.14425 Last revised: 03.02.11 Page 4 of12 ~_.,'~ ,~~._."~.,_",~,--"_~_,__._,~",,~,,,,'-'~'---'. - -"-_.. ~ __,,"..~._,..___m ,'.',._"-".._,.~". ~'"_M B. Water management facilities to serve the project such as lakes. 17A Ii c. Any other accessory and related use that is determined to be comparable in nature with the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the LOC. IV. Tract B - Permitted Preserve Area Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for the preserve area depicted on the MPUO Master Plan, that is required to be a minimum of 8.85 acres, other than those uses allowed by Section 3.05.07 H.I.h. of the LOC, or any successor provision. V. Group Housing/Retirement Communitv Commitments: The developer of the group housing/retirement community, its successors or assigns, shall provide the following services and be subject to the following operational standards for the units in the retirement community, including but not limited to, independent living units, assisted living units or skilled nursing units: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed so that a resident can age in place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. Addies Corner MPUD PUDZ-2009-AR.14425 Last revised: 03.02-11 Page5of12 _._.-.----- "~'__"__"__"'_____~'___"O"__'____''''___ --,-~,~,..,-~..".---_.".- ." "-'---"'-~"'-"-'-" EXHIBIT B 17A DEVELOPMENT STANDARDS ADDlES CORNER MPUD The table below sets forth the development standards for land uses within the Addies Corner MPUO. Standards not specifically set forth herein shall be those specified in applicable sections of the LOC in effect as of the date of approval of the SOP or subdivision plat. I. DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT MINIMUM LOT AREA 10,000 sq. ft. AVERAGE LOT WIDTH 100 ft. MINIMUM YARDS External ra h below) From Immokalee Road Canal ROW 25 ft. SPS From Eastern Pro' eet Boundar 25 ft. 15 ft. From Western Pro' eet Boundar 25 ft. 15 ft. From Northern Pro' eet Boundar - As Shown 521 ft. Minimum 521 ft. Minimum 15 ft. 10 ft. 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes 25 ft. 20 ft.* Preserves 25 ft. 10 ft. MIN, DISTANCE BETWEEN BUILDINGS 1/2 the sum of building heights** 10 ft. MAXIMUM HEIGHT 2;Q~ Retail Buildin s 45 ft. 5 ft. 35 ft. Office Buildin s 55 f1. 5 ft. 35 ft. MINIMUM FLOOR AREA 1,000 sq. ft. ** N/A MAXIMUM GROSS COMMERCIAL AREA 135,000 sq. ft. *** N/A GROUP CARE FACILITIES Maximum 0.60 FAR. up to 26 NI A units er acre ***, **** & ***** HOTEL & MOTEL Maximum 26 units per acre ***, **** & ***** (FAR. NotN/A A licable) . No structure may be located closer than 20 feet to the top of bank ofa lake (allowing for the required minimum 20 foot wide lake maintenance easement). .. Per principal structure, kiosk vendor, concessions. and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. ... Total allowable commercial square footage is 135,000 of commercial development. For each acre of Group Housing/Retirement Community or Hotel/Motel or fraction thereof developed, 10,914 S. F. of commercial development will be reduced on Tract "A". .... The maximum height and setbacks shall be the same as those for otlice buildings. ..... The preserve area shall not be used in calculating the F.A.R. for C.C.R.C. use or the density for Hotel/Motel. Addies Corner MPUD PUDZ-2009-AR-14425 Last revised: 03-02-1] Page 6 of]2 --~--,~,-"--'- ".",- .-,-,,-------_._-_._,->--,--~--~---,....~..-. ____~"_._'"~M.~__'"__ .,,_. _M __.._.______~_._.__.________.~__, 17A I II. DEVELOPMENT WITH ADJACENT PROPERTY TO THE EAST In the event amendments are made to the Tree Farm MPUD to the east of this MPUD to allow for a unified development plan of both properties, a zero setback shall be allowed along the common property line of this MPUD. III. ALTERNATIVE LANDSCAPING EAST PROPERTY LINE A minimum 6-foot height hedge, minimum 3-foot in spread, planted a maximum 4-feet on center, 100% opaque at planting shall be installed along the east property line, in lieu of a wall, along with other requirements of a Type B Landscape buffer. IV. A stipulation has been added that outside amplified music is prohibited. Addies Corner MPUD PUDZ-2009-AR-14425 Last revised: OJ-02-11 Page 7 of 12 M~'",_".,__,,~_____> _~_~"_;"_"_"_'~."'_'oo, ~_"._~_'_ .____.___~u_~,_..,_.,o 'm'._,."~,~,"~ ~' z ~ ~ I . ; ~ z 7A " & > 0 ~ . ~ ZF I "0" ~ : iiigl I; 2. . z" 0 ~ lj / "' ' ~. .. 0. ~ " 0. l ~,,8 ~ ::E u - """ ,.~ ,I. Ii! "oJ.! ,--):\'. ! " I ~~~ ~0.~11' " : \ \ r _::'! ~,~ r < , , , I !' Ii' " , ,z' >- ~ ' I -i}" , I """, , . " 0<: .~.I} (91)9' . ,,; ,) : ~~~ 0<:: _____ ~~==:. ~:>).9YO~.33W)fOWWI I : (;: I ~;~:s~ . u ..'u" u....u~;;;::;;:;f;:;:)~.I:.'.:.,.'::.:u:. 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J 0 j ~~~:; __''''._''''''''__< 1111 , , ""-",.,,,,,,..,-.,_,..\,,,,,~..-,,,.,^oo,,,,,,,,,,,,\.. -"-.-,-'-- ,.-..-' .._..~,-_._-" -..,...-- -_.._~._.-. ~--~'.~-" _."~~._,-.........~""'-- ..._',._-_..........--_...__._-_.>..."-,~"'_._- ----_.._..~-~ 17A f EXHIBIT D LEGAL DESCRIPTION ADDlES CORNER MPUD The North one-half (1/2) of the West one.half (1/2) of the Southeast one-quarter (1/4) of the Southeast one-quarter (114) of Section 22, Township 48 South, Range 26 East; and The South one-half (1/2) of the West one-half (1/2) of the Southeast one-quarter (114) of the Southeast one-quarter (1/4) of Section 22, Township 48 South, Range 26 East; excepting the south tOO feet thereof; and The East one-half (112) of the East one-half(1/2) of the East one-half(l/2) of the Southwest one- quarter (1/4) of the Southeast one-quarter (1/4) of Section 22, Township 48 South, Range 26 East, excepting the south 100' thereof. Addies Comer MPUD PUDZ-2009-AR-14425 Last revised: 03..()1-11 Page 9 of 12 ---.- -..........,,-."..-...-....------. "-',-~-",-,- -_.- ._------_._~,-,_.~--_....,_._. -~,-~.- 17 A! 'I EXHIBIT "E" LIST OF REQUESTED DEVIATIONS FROM THE LDC ADDlES CORNER MPUD I. Deviation #1 seeks relief from LDC Section 5.03.02.H.l.a., commercial and industrial districts, which require if located on a contiguous residentially zoned property, the wall and/or fence shall be a minimum of six (6) feet and a maximum of eight (8) feet in height and shall be located a minimum of six (6) feet from the residentially zoned district, to not require a wall within a Type B buffer along the east property line of this MPUD adjacent to the Tree Farm MPUD to the east. (See Exhibit C, MPUD Master Plan.) As mitigation for the wall, a 6-foot height hedge shall be required in addition to the requirements of a Type B Landscape buffer. (Also, see Exhibit B - Development Standards pertaining to Landscaping). 2. Deviation #2 seeks relief from LDC Section 5.05.04 0.1 to allow the floor area ratio (F.A.R.) to be increased from 0.45 to 0.60 for a Group Housing/Retirement Community. Addies Corner MPUD PUDZ-2009-AR-14425 Last revised: 03-02-11 Page 10 of]2 - ',,'--<..'-------_...',.,---'.- .~~'-'"~.,,-----._~...~._. ~-~....._-"._--,"--~.._--'.,---,_..,,- ..---.,,---- 17A EXHIBIT F DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT ADDlES CORNER MPUD I. TRANSPORT A nON REQUIREMENTS (Amended by Transportation Staff on 2/4/1 0) changes accepted on 3/26/1 0 and then CAO edits put in) I. The Owner will dedicate in fee right-of-way for the purpose of relocating the Cocohatchee Canal as depicted on Tract A on the MPUO Master Plan, that includes compensatory right-of-way for the turn lane into the project. This area comprises x 1.62 acres and was based on the most current information available at the time of approval of this ordinance. The property owner will dedicate to Collier County this right-of-way within 90 days of written request of the County at no cost to the County. The County will be responsible to relocate the canal, except only those portions immediately adjacent to (approximately 100' each side of) the proposed bridge. Collier County Transportation will provide design direction to the developer as to the ultimate alignment of the relocated canal prior to the time of SOP approval. 2. The Owner, his successor or assigns shall provide a roadway connection available to adjacent properties to facilitate interconnection to the properties to the east (the Tree Farm MPUO) and West (Mirasol PUO), at the time of submittal of the first development order application. 3. When Owner constructs the bridge providing connection to Immokalee Road it shall be constructed in a location consistent with the future location of the Cocohatchee Canal to accommodate the ultimate canal configuration. This will include relocation of the canal immediately adjacent to (approximately 100' each side of) the proposed bridge. 4. The Owner, his successor, or assigns agrees to construct at no cost to the County a 12' multi-use pathway along the North side of the future location of the Cocohatchee Canal, within property owned by Collier County, which shall connect to the pathway to the West. A 10' pathway may be substituted at this location if consistent with the County's Comprehensive Pathway Plan. This pathway shall be constructed prior to issuance of the first Certificate of Occupancy. 5. The development within this project shall be limited to 1,044 unadjusted two- way PM peak hour trips (or 708 adjusted two-way, PM peak hour trips; correspondent to the highest trip generation scenario of those proposed in the updated traffic study information dated November 6, 2009); allowing for flexibility in the proposed uses without creating unforeseen impacts on the Addies Comer MPUD PUDZ-2009-AR-14425 Last revised: 03-02-] 1 Page 11 of12 --_.,.~. .___._......~_,.~._.'.'._'__M~..~'___.~~_,_____,_~______.____, - ,",..,"._~..,-,....._,.,- ~.,...._.,-"_.__. l7A ! adjacent roadway network. The terms '"adjusted" and '"unadjusted" shall reference allowances for pass-by and internal capture trip reductions. For purposes of calculation of the weekday PM peak hour trip generation of this PUD, the lesser of the weekday PM peak hour trips as calculated in the Institute of Traffic Engineer's ([TE) Report, titled Trip Generation, 8th Edition or the trip generation as calculated in the then current [TE Trip Generation Report shall be utilized. 6. The Owner, his successor, or assigns agrees to be responsible for 2% of the construction costs (not to exceed $50,000) to be considered the PUD's proportionate share of the improvements to the intersection of C.R. 951 and Immokalee Road. Payment shall be due within 90 days of receipt of the County's written request. The term '"improvements". in this paragraph, means the relocation of the canal, the at-grade improvement of turning movements and turn lanes, all other ancillary at-grade improvements (curbs, bike lanes. etc), construction of a relocated bridge over the Cocohatchee Canal, and signalization for all movements. The term does not refer to potential future, grade-separated intersection improvements. [I. ENV[RONMENT AL I. Based on total site acreage of 23.34 acres and 22.65 acres of native habitat area, 3.4 acres (15% of habitat area) is required to be preserved pursuant to the Collier County Land Development Code. The MPUD Master Plan shall provide 8.85 acres of preserve area. 2. As a part of the Environmental Resource Permitting process of the South Florida Water Management District (SFWMD) and the United States Army Corps of Engineers (USACOE), recommendations from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the United States Fish and Wildlife Service (USFWS) regarding impacts to protected wildlife species will be incorporated into the permits issued for this project. The developer shall comply with the guidelines set forth within those permits. Habitat management plans shall be provided for the Florida panther, Florida black bear, Big Cypress fox squirrel, wood stork, and any other protected species which inhabit or utilize the areas within the project. Addies Comer MPUD PUDZ-10Q9-AR- ]4425 Last revised: 03-02-11 Page ]20f12 ~_.'~ -..-._--.__._"._-----'".~--,---,-,-~"- . - ",Y_''''>-'''.-- -"~~--- 17A ! STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2011-08 Which was adopted by the Board of County Commissioners on the 12th day of April, 2011 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of April, 2011. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners (] ri~- ~l~ /&$i: :" . 'f ' y: Teresa Pollsk''1',' '. 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