Backup Documents 04/27/2010 Item # 8Ai J!
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXXX Normal Legal Advertisement Other:
(Uisplay Adv., location, etc.)
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Originating Dept/ Div: CDES. /Zoning Person: Nancy Gondlach, AlCPt i' 1 Date: 5+1 ^U
Petition No. (If none, give brief description): PUDZ - 2007 -AR- 11320, McMullen MPUD
Petitioner: (Name & Address): Mr. Robert J. Mulhere, RWA, Inc., 6610 Willow Park Drive, Suite 200, Naples, FL 34109
Name & Address of any person(s) to be notified by Clerk's Office. (11 more space is needed, attach separate sheet) Mr. R. Bruce
Anderson, Esq., Roetzel, & Andress, 850 Park Shore Dc, 't'rianun, Cnb -3rd FL, Naples, FL 34103. Mr. Craig Sher, President,
Sembler Retail 11, Inc., General Partner, Semhler Family Partnership #42, 5858 Central Ave„ St Petersburg, FL 33707
Hearing before BCC BZA Other
Requested Hearing date: Aoril 13. 2010 Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only it important):
XU Naples Daily News Other Legally Required
Proposed Text (Include legal description & common location & Sizc: Petition: PUDZ- 2007 -AR -I 1320, Sembler Family
Partnership #42, represented by Robert Mulhere, AICP of RWA, Inc. and R. Bruce Anderson, Esquire of Roetzel and Andress,
requesting a rezoning from Rural Agriculture (A) zoning to Mixed -Use Planned Unit Development (Mill D) to be known as
McMullen MPUD.'the 19.32 acres Rural Agricultural zoned site is proposed to permit a mixed -use development. The rezoning
petition allows for a maximum of 185,000 square feet of commercial development. The subject property is generally located
one -half mile east of Collier Boulevard (CR 951) on Rattlesnake - Hammock Road Extension, the south one -half of the
southeast one- quarter of the southwest one- quarter of Section 14, Township 50 South, Range 26 Fast, Collier County, Florida
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs:
PO Number: 4500096189 for Account Number: 068779
R edby' 3 -4 -10
Divisio Administrator or Designee Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. 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: to Requesting Division Original Clerk's Office
B. Other hearings: Initialing Division head to approve and submit original to Clerk's Office, retaining a copy for file.
#f* #i4f #R4i* *t4* #R44! #44*f Yiif 44*1f441f* Miff #lift # #R ***R **R4 #Y#Rhi4hf 4i *h4#4i*FYi4f *R4 *Y * **i A # #*fi #*iiF
FOR CLERK'S OFFICE USE ONLY:
Date Received: J 'I 10 Date of Public hearing: KID Advertised:' I0
- � 8A 1.
ORDINANCE NO. 10 -
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 RURAL AGRICULTURE (A) ZONING TO
MIXED -USE PLANNED UNTT DEVELOPMENT (MPUD) TO BE
KNOWN AS MCMULI.EN MPUD FOR A MIXED -USE
DEVELOPMENT WITH A MAXIMUM OF 185,000 SQUARE, FEET
OF COMMERCIAL., GENERALLY LOCATED ONE -HALF MILE
EAST OF COLLIER BOULEVARD (CR 951) ON RATTLESNAKE -
HAMMOCK ROAD EXTENSION, IN SECTION 14, TOWNSHIP 50
SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 1932.1 ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Robert J. Mulhere of RWA, Inc. and R. Bruce Anderson, Esquire of
Roetzel, & Andress, representing Sembler Retail II, Inc. and the Sembler Family Partnership
442, petitioned the Board of County Commissioners to change the zoning classification of the
herein described real property.
NOW, THEREFORE, BE If ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 14,
Township 50 South, Range 26 East, Collier County, Florida, is changed from Rural Agriculture
(A) Zoning District to Mixed -Use Planned Unit Development (MPUD) Zoning District to be
known as the McMullen MPUD in accordance with the McMullen MPUD Document, attached
hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or
McMullen MPUD \ PUDZ- 2007 -AR -11320
REV, 3;0lA0
Page I of
maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by super- majority vote of the Board of County
Commissioners of Collier County, Florida, this day of
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney 3.1
2010.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
Attachments: Exhibit "A" — Permitted and Accessory Uses
Exhibit "B" — Development Standards
Exhibit "C" - Master Plan
Exhibit "D" — Legal Description
Exhibit "E" — Developer Commitments
07 -CPS- 00609/41
McMullen MPUD \ PUDZ- 2007 -AR -11320
REV. 3/01/10
Page 2 0l 2
f"8
EXHIBIT A
McMULLEN MPUD
PERMITTED USES
PERMIT_ TED USES in Tract A as depicted on Exhibit C, MPUD Master Plan:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or
in part, for other than the following:
A. Principal Uses:
1. Business Consulting Services, Not Elsewhere Classified (Group 8748);*
2. Drug Stores and Proprietary Stores (Group 5912); **
3. General Contractors - Industrial Buildings and Warehouses (Group 1541);*
4. General Contractors - Nonresidential Buildings, other than Industrial Buildings and
Warehouses (Group 1542);*
5. General Contractors - Residential Buildings, Other Than Single - Family (Group 1522);*
6. General Contractors (Group 1521);*
7. General Warehousing and Storage, for use by contractoribuilder construction trades
located within this MPUD only (Group 4225),
8. Personal Indoor Self- Storage Facilities, limited to a maximum of 92,500 square feet;
9. Hospital and Medical Service Plans (Group 6324); **
10. Legal Services (Group 8111); *
I1. Engineering Services (Group 8711)*
12. Architectural Services (Group 8712)*
13. Surveying Services (Group 8713) *
14. Management Consulting Services (Group 8742);
15. Management Services (Group 8741);
16. Medical Equipment Rental and Leasing (Group 7352); **
17. Medical and Dental Laboratories (Groups 8071 — 8099) **
18. Mortgage Bankers and Loan Correspondents (Group 6162);
19. Health Services, open to the public and not associated with a unified senior housing
development . (Groups 8051 — 8059); **
20. Care Units, only including Group Housing, Group Housing facilities, Assisted living
facilities, independent living facilities, continuing care retirement communities, and
nursing homes, all for persons over age 55. Foster care, crisis and attention care,
displaced adult care, homeless shelters, offender halfway houses, spouse abuse care,
substance abuse care, and youth shelters are prohibited. Page 1 of 12
8A;
21. Offices and Clinics of: Doctors of Medicine, Dentists, Doctors of Osteopathy,
Chiropractors, Optometrists, Podiatrists, and Health Practitioners (Groups 8011 -
8049); **
22. Physical Fitness Facilities (Group 7991, limited to a maximum of 20,000 square feet);
23. Child Day Care Services (Group 8351);
24. Special Trade Contractors, Not Elsewhere Classified (Group 1799);*
25. Title Abstract Offices (Group 6541); and
26. Title Insurance (Group 6361).
27. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses and deemed to be consistent with the Future Land Use
Element of the Growth Management Plan, as determined by the Board of Zoning
Appeals ( "BZA ") by the process outlined in the LDC.
Accessory Uses:
1. Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
a) Clubhouses and other recreational facilities accessory to senior living
development, including, but not limited to: beauty /barbershops, pharmacies,
resident dining (including service of alcohol) and other personal services limited
to use by residents and their guests only.;
b) Water management lakes and facilities;
c) Parking facilities, including parking garages accessory to permitted uses;
d) Caretaker's residence accessory to commercial development;
2. Lumber and Other Building Materials Dealers (Group 5211), limited to 5000 square feet
of floor area; * **
3. Paint, Glass, and Wallpaper Stores (Group 5231), limited to 5000 square feet of floor
area; * **
4. Any other related business which is accessory to offices for various contractorlbuilder
contractor construction trade specialist or, to warehouse space for various
contractor/builder contractor construction trade occupants, as determined by the
Planning Services Director, or designee, limited to 5000 square feet of floor area. * **
Reference Executive Office of the President, Office of Management and Budget, Standard
Industrial Classification Manual, 1987 Edition
* Limited to 92,500 building square feet. [The Future Land Use Element of the Growth
Management Plan (GMP) allows offices for various contractorlbuilder construction trade
specialists, inclusive of the offices of related professional disciplines and services that typically
serve those construction businesses or otherwise assist in facilitating elements of a building
and related infrastructure, including but not limited to architects, engineers, land surveyors and
attorneys, but limits these offices of related professional disciplines to 92,500 total building
Page 2 of 12
11
m
square feet. Warehouse space for various contractor/builder construction trades occupants does
not fall under that limitation.]
** These uses are permitted under the GNU as "support medical uses ", and are only permitted
within the boundary of a'A mile offset from the hospital to the south as depicted on Exhibit C,
MPUD Master Plan.
* ** Businesses, including but not limited to, lumber and other building materials dealers, paint,
glass, and wallpaper stores, garden supply stores, are permitted but only as accessory uses to
offices for various contractor /builder construction trade specialists or accessory to warehouse
space for various contractor /builder construction trades occupants.
Page 3 of 12
EXHIBIT B
McMULLEN MPUD
DEVELOPMENT STANDARDS
•
Table I below set forth the development standards for land uses within this Commercial PUD
(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 SUP or Subdivision plat.
MAXIMUM INTENSITY:
This MPUD may be developed entirely with allowable commercial uses and /or community
facility/ institutional uses. Accordingly, the MPUD intensity shall be as follows:
Commercial Intensity: Commercial intensity shall be limited to a maximum of 185,000 square
feel of any combination of allowable commercial uses, however in no case shall the trip
generation rate exceed 379 PM Peak Hour Trips, as identified in the TIS related to 122,000
square feet of medical office land use. In no case shall the total allowable commercial intensity
exceed 185,000 square feet, or exceed a trip generation rate in excess of 423 PM Peak Hour
Trips for any combination of permitted land uses as may be pursued using the Commercial
Intensity Conversion to Care Units, below. Various commercial uses, either individually or in
aggregate are further restricted as set firth under MPUD Exhibit "A ".
Care Unit Intensity: The intensity of any care unit shall have a maximum Floor Area Ratio
(FAR) of 0.60. This FAR is applicable to Permitted Uses 19 and 20, Health Services and Care
Units, as set forth in A., of Exhibit A.
COMMERCIAL INTENSITY CONVERSION TO CARE UNITS:
1000 SF of Warehouse Land Use = I Care Unit Bed
1000 SF of General Office = 7 Care Unit Beds
1000 SF of Medical Office = 15 Care Unit Beds
Note: Based on trip generation rates, ITE 8th Edition
Operational Characteristics for Care Units
Care Units may be composed of one or more types of care/housing facilities. These care/housing types
include, but are not limited to independent living, assisted living, and nursing homes, each of which can
have varying operational characteristics. The following characteristics of care units distinguish them
from residential land uses, and all of the characteristics must be provided for and maintained to be
considered a care unit:
• The facility shall be for residents 55 years of age and older;
• There shall be on -site dining facilities to the residents, with food service being on -site, or
catered;
• Group transportation services shall be provided for the residents for the purposes of grocery
and other types of shopping. Individual transportation services shall be coordinated for the
residents needs, including but not limited to medical office visits;
• There shall be an onsite manager /activities coordinator to assist residents, who shall be
responsible for planning and coordinating stimulating activities for the residents;
• An on -site wellness facility shall provide exercise and general fitness opportunities for the
residents.
• Each unit shall be equipped with devices provided to notify emergency service providers in the
event of a medical or other emergency;
Page 4 of 12
• Independent living units shall be designed so that a resident is able to age in place. For
example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair
bound resident or bathrooms may be retrofitted by adding grab bars.
GENERAL: Except as provided for herein, all criteria set forth above shall be understood to
be in relation to individual parcel or lot boundary lines, or between structures. Condominium,
and/or property owners' association boundaries shall not be utilized for determining
development standards. If this project is developed in multiple platted tracts, at the time of the
application for subdivision plat approval for individual tracts, a lot layout depicting minimum
yard setbacks and the building footprint shall be submitted.
TABLE
COMMERCIAL USE DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD
PRINCIPAL USES
Including Care Unit
ACCESSORY USES
MINIMUM LOT AREA
10,000 SQUARE FEET
N/A
MINIMUM LOT WIDTH
100 FEET
N/A
MINIMUM YARDS (MEASURED FROM
EXTERNAL PUD
BOUNDARY)
25 FEET * **
25 FEET
PRESERVE SETBACK
25 FEET
10 FEET
MIN. DISTANCE BETWEEN
STRUCTURES
IS FT. OR Y, THE SUM OF
BUILDING HEIGH'T'S
10 FEET
MAXIMUM ZONED HEIGHT (PRINCIPAL
STRUCTURES)
50 FEET
25 FEET
MAXIMUM ACTUAL HEIGHT
62 FEET
30 FEET
MINIMUM FLOOR AREA — COMMERCIAL
MINIMUM FLOOR AREA —CARE UNIT
700 SQUARE FEET **
400 SQUARE FEET
N/A
MIN. GROSS LEASABLE AREA PER UNIT
700 SQUARE FEET **
100 SQUARE FEET **
* Whichever is greater
** Not applicable to Care Unit
* ** General application for setbacks: Front yard setbacks shall comply with the following:
i. if the parcel is served by a public or private right -of -way, the setback is measured
from the adjacent right -of -way line.
ii. If the parcel is served by a non - platted private drive, the setback is measured from the
back of curb or edge of pavement.
iii. If the parcel is served by a platted private drive, the setback is measured from the road
easement or property line.
Page 5 of 12
EXHIBIT C
McMULLEN MPUD
MASTER PLAN
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Page 7 of 12
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EXHIBIT D
McMULLEN MPUD
LEGAL DESCRIPTION
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THE S 1/2 OF THE SE 1/4 OF THE SW 114 OF SECTION 14, TOWNSHIP 50 SOUTII, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LESS THE WEST 80 FEET. The total acreage is approximately 19.32 acres.
Page 10 of 12
EXHIBIT E
McMULLEN MPUD
DEVELOPER COMMITMENTS
A. TRANSPORTATION
8441
Within 180 -days of the request of Collier County, the developer shall be responsible for 100%
of the cost for the design and installation, or make payment in lieu of construction, at the
discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter to serve this
site. The developer shall make payment in lieu at the time of Development Order application;
or alternatively shall design and construct the CAT bus shelter in a location approved by the
Collier County Alternative Transportation Modes (ATM) Department prior to certificate of
occupancy (CO).
2. Within 90 -days of the County's written request, the developer shall convey right -of -way along
the project's south property line for the future extension of Rattlesnake Hammock Road. The
required right -of -way shall be determined by Collier County, but shall not exceed 60 feet in
width, and shall be conveyed in fee simple ownership to Collier County. Prior to the issuance
of the first CO, the developer agrees to construct the two north lanes of the ultimate four total
lanes of Rattlesnake Hammock Extension, and agrees to accommodate storm water
management for these two lanes. The fee simple conveyance of the right -of -way, construction
of the two lanes, and accommodation of water management shall be at no cost to Collier
County.
3. The site shall be designed to provide for future vehicular, pedestrian and bicycle
interconnection to adjacent properties to the east as generally depicted on the McMullen
MPUD Master Plan and will also be designed to provide for internal connectivity for vehicles,
pedestrians and bicycles.
4. Within 120 days of approval of this PUD, Owner shall record in the public records of Collier
County a notice of proximity to the Florida Sports Park and Swamp Buggy grounds. This
notice shall disclose that the Swamp Buggy operations generate noise which can be heard on
the PUD ro e . Tlhe le al descri tion of the PUD shall be attached toI the notice.
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Page 11 of 12
TRANSPORTATION (Continued)
5. The driveways are conceptual and shall meet access management requirements of Res. 01 -247,
as amended.
The total combination of allowable land uses on this site shall not be allowed to exceed the
maximum trip generation proposed in Scenario "I" in the TIS (423 p.m. peak hour trips). The
County may limit square footage or the number of units or any building during any subsequent
development order based on the trip generation limit. Any future tenant change that increases
trip generation (i.e. General Office to Medical Office) will require Transportation review and
may not be allowed if the total proposed trips exceed the maximum impact listed in this
stipulation.
B. ENVIRONMENTAL
There shall be a minimum of 0.84 acres of Collier County native preserve associated with this
MPUD. There shall be a minimum of 0.81 acres of created native preserve within the require
0.84 acre Collier County native preserve area.
2. The following listed species management plans shall be submitted with the next site
development plan/plat development order request: Big Cypress fox squirrel, Eastern indigo
snake, Florida black bear, Florida panther.
C. PLANNING
1. The developer its successors or assignee shall provide to any potential resident a disclosure
statement with respect to the noise that is associated with the Swamp Buggy Races located at
8250 Collier Boulevard, Naples, FL as it relates to the location of this MPUD. The statement
must be presented to the potential buyer prior to entering into any sales contract.
2. Within 120 days of approval of this PUD, Owner shall record in the public records of Collier
County a notice of proximity to the Florida Sports Park and Swamp Buggy grounds. This
notice shall disclose that the Florida Sports Park and Swamp Buggy operations regularly
generate noise which can be heard on the PUD property, both during the day and into the
evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals,
and music concerts. The legal description of the PUD shall he attached to the notice.
3. The eastern boundary of the MPUD .shall be landscaped in accordance with the requirements
for a Type C buffer.
4. All senior housing buildings shall be constructed in a manner to provide an exterior ambient
sound level reduction of SLR 35 decibels, consistent with the provisions of LDC Subsection
4.02.06.N.6.g.
Page 12 of 12
Teresa L. Polaski
8A
From:
RamirezHeather [HeatherRamirez @colliergov.net]
Sent:
Tuesday, March 09, 2010 8:51 AM
To:
Minutes and Records
Subject:
PUDZ - 2007 -AR -11320 Legal ad for 4 -13 -10 BCC
Attachments:
PUDZ - 2007 -AR -11320 Legal Ad.pdf; PUDZ - 2007 -AR -11320 Ordinance & Exhibits.pdf
Good Morning,
Here is the legal ad and Ordinance for petition number PUDZ-2007-AR- 11320, McMullen. This petition will
be on the April 13, 2010 BCC. Let me know if you have any questions.
Heather L. Ramirez
Technician
ODES
2800 N. Horseshoe Drive
Naples, FL 34104
(239)252 -2930
Ct>i'fier GrruNt3�
•
Acct. #068779
March 10, 2010
Attn: Legals
Naples News Media Group
11001mmokalee Road
Naples, Florida 34110
Re: PUDZ- 2007 -AR- 11320, McMullen MPUD
Dear Legals:
Please advertise the above referenced notice on Sunday, March 28, 2010, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500096189
BVIN
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, April 13 2010, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 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 RURAL AGRICULTURAL (A)
ZONING TO MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD) TO BE KNOWN
AS MCMULLEN MPUD FOR A MIXED -USE DEVELOPMENT WITH A MAXIMUM OF
185,000 SQUARE FEET OF COMMERCIAL, GENERALLY LOCATED ONE -HALF
MILE EAST OF COLLIER BOULEVARD (CR 951) ON RATTLESNAKE- HAMMOCK
ROAD EXTENSION, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 19.32 + /- ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
Petition: PUDZ- 2007 -AR- 11320, Sembler Family Partnership #42,
represented by Robert Mulhere, AICP of RWA, Inc. and R. Bruce
Anderson, Esquire of Roetzel and Andress, requesting a rezoning from
Rural Agriculture (A) zoning to Mixed -Use Planned Unit Development
(MPUD) to be known as McMullen MPUD. The 19.32 acres Rural
Agricultural zoned site is proposed to permit a mixed -use
development. The rezoning petition allows for a maximum of 185,000
square feet of commercial development. The subject property is
generally located one -half mile east of Collier Boulevard (CR 951) on
Rattlesnake- Hammock Road Extension, the south one -half of the
southeast one - quarter of the southwest one - quarter of Section 14,
Township 50 South, Range 26 East, Collier County, Florida.
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 5
minutes on any item. The selection of an individual to speak on
behalf of an organization or group is encouraged. If recognized by
the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
•
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
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 3301
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: Teresa Polaski, Deputy Clerk
(SEAL)
Mo my ofCgllier 8A
CLERK OF THE CIRCUIT COURT
Dwight E. Brock COLLIER COUNTY COURTHOUSE
Clerk of Courts
3301 TAMIAMI 1""L EAST Clerk of Courts
P.O. BOX 41,3044 Accountant
NAPLES, FLORIDA'34101 -3044 Auditor
Custodian of County Funds
March 10, 2010
Mr. R. Bruce Anderson, Esq.
Roetzel & Andress
850 Park Shore Drive
Trianon Center, 3`d Floor
Naples, FL 34103
Re: Petition: PUDZ- 2007 -AR- 11320, McMullen MPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 13, 2010, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, March 28, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CL
Teresa Polaski.
Deputy Clerk
Enclosure
Phone(239)252 -2646 Fax (239) 252 -2755
Website: www.collierclerk.com Email collierelerk(t(collierelerk.com
Dwight E. Brock
Clerk of Courts
March 10, 2010
Count- of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSF
6
3301 TAMIAMI (RAIL EAST Clerk of Courts
P.O. BOX 413044 Accountant
NAPLES, FLORIDA34101 -3044 Auditor
Custodian of County Funds
Mr. Robert J. Mulhere
RWA Inc.
6610 Willow Park Drive, Ste 200
Naples, FL. 34109
Re: Petition: PUDZ- 2007 -AR- 11320, McMullen MPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 13, 2010, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, March 28, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
c
e
Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierelerk.com Fniail: collierclerk(d eollierclerk.com
Dwight E. Brock
Clerk of Courts
March 10, 2010
o tnty of
CLERK OF THE Cl
COLLIER COUNTY
3301 TAMIAMI't
P.O. BOX 4
NAPLES, FLORID.
Mr. Craig Sher
Sembler Family Partnership #42
5858 Central Ave.
St. Petersburg, FL 33707
Re: Petition: PUDZ- 2007 -AR- 11320, McMullen MPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 13, 2010, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, March 28, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
�L
Teresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: Awmeollierclerk.corn Email: collie relerk(a col lierclerk.com
c llier
ZCUIT COURT
OURTHOUSE
Alt. EAST
Clerk of Courts
1044
Accountant
X4101 -3044
Auditor
Custodian
of County Funds
Re: Petition: PUDZ- 2007 -AR- 11320, McMullen MPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 13, 2010, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, March 28, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
�L
Teresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: Awmeollierclerk.corn Email: collie relerk(a col lierclerk.com
Teresa L. Polaski 8A
To: Naples Daily News Legals
Subject: PUDZ - 2007 -AR- 11320, McMullen MPUD
Attachments: PUDZ - 2007 -AR -11320 (McMullen MPUD).doc;
Legals,
Please advertise the following legal ad on Sunday, March 28, 2010. Thanks
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Deportment
239 -252 -8411
239 - 252 -8408 fox
(Teresa.Polaski @collierclerk com)
PUDZ - 2007 -AR -11320 (McMullen MPUD).doc
NOTICE OF INTENT TO CONSIDER ORDINANCE r
Notice is hereby given that on Tuesday, April 13, 2010, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301 East Tamiami
Trail, Naples, Florida, the Board of County Commissioners will consider the enact-
ment of a County Ordinance. The meeting will commence at 4:00 A.M. The title of
the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD Or COUNTY COMMISSIONERS OF COLLIER COUN-
TY, FLORIDA, AMENDING ORDINANCE NUMBER 2004.41, AS AMENDED, THE COL-
LIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA Or COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPER -
TY FROM RURAL AGRICULTURAL (A1 ZONING TO MIXED -IISE PLANNED UNIT DE-
VELOPMENT (MPUD) TO RE KNOWN AS MCMULLEN MPUD FOR A MIXED -USE DE-
VELOPMENT WITH A MAXIMUM OF 185,000 SQUARE FEET OF COMMERCIAL, GEN-
LRALLY LOCATED ONE -HALF MILE EAST OF COLLIER BOULEVARD (CR 951) ON RAT-
TLESNAKE- HAMMOCK ROAD Ex "TENSION, IN SECTION 14, TOWNSI -11P So SOUTH.
RANGE 26 EAST„ COLLIER COUNTY, FLORIDA, CONSISTING 01= 19 32 +1- ACRES; AND
BY PROVIDING AN EFFECFI1 /E DATE
Petition PUDZ- 2007 -AR- 11320, Sembler Family Partnership #42, represented by
Robert Muihere, AICPnf RWA, Inc. and R. Bruce Anderson, Esquire of Roetzel and
Andress, requesting a rezoning from Rural Agriculture (A) zoning to Mixed -Use
Planned Unit Developmeni (MPUD) to be known as McMullen MPUD. The 19.32
acres Rural Agricultural zoned site is proposed to permit a mixed -use development.
The rezoning petition allows for a maxiinurn of 185,000 square feet of commercial
development. The subject property is generally located one -half mile east of Collier
Boulevard (CR 951) on Rattlesnake- Hammock Road Extension, the south one -half of
the southeast one - quarter Lit the southwest one- quarter of Section 14, Township 50
South, Range 26 East, Collier County, Florida.
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 he heard.
NOTE: All persons wishing to speak on any agenda item roust register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will he limited to 5 minutes on any item The selection of an in.
dividual to speak on behalf of an organization or group is encouraged If recog-
oized 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
6crard shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evi-
dence upon which the appeal is based,
If you are a person with a disability who needs any accornmodation in order to par-
ticipate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart
ment, located at 3301 Tamiami Trail Fast, 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 C01VI 115510NERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
March 28, 2010 No1844108
Teresa L. Polaski
From:
Pagan, Emely [EPagan @Naplesnews.com]
Sent:
Wednesday, March 10, 2010 3:26 PM
To:
Teresa L. Polaski
Subject:
Ad Confirmation
Attachments:
UAS3CDA.jpg
ATACHED please review your notice & confirm approval via email.
Thank you for placing your ad.
PUB. Date MAR. 28, 2010
Publication NDN
Ad Number 1844108
Total Ad Cost $310.98
Emely Pagan
239 -213 -6061
1
BgRKFp BiTBMGTOCq�IP�{EgmPtANCE
NoJU k AkeWY diet ap �. N M4 15eor
maM a . mavvcvr g, can �.
tM prod pontl.. to,j; ysa. _
Cgples of thaprgiosed Wdinance aro an N4 Clerk to Board aand are
nalI falmpsctbn. Mlingrsste�PNtkdWal t MtaM uM.be Ma%.
NOT {: qd Fdahep N�.sspp��klt.. an 4N' 'hero mart the
Co�y M� FrAr to pmMMeti6h of tAepeMN fams>d.
IndlWdwl speeE MII be Ilmked to j mMyoN on any Item. Thlt ilf m In-
dividual to s k m behalf of an organization or gmp h encoW N
nized ybyv the rman, a spplsnprson for a group or agamzation Ee
Teminutw kpak on an Item.
Persons wishing to have writgn or prphk materiels included in the Boartl panda
padone mart wbrmh uld mmerial a mPolmum of 3 weeks prior to the rat IW
puMk having. !n mY rye, wrNsen manrkis iManded to 4a,pmdderW.. by. thR
BiNd sMll hfl prbrrrfttad to the Fpproprlase County staff a MinMNryW�Im oT raven days
prNf to iha pgbArpwhy, MY mabdal used In. pFnaMallon% =0MC6 the Bwrd
wXI bKOme a prmaneM pert of the r4iord. '
Any parson who tlacitlei= l a dechion of the Dowd will need a record of the
pcorwNof the M ah s�wlid�ncad Imckkm aWa o stl ony d eevi
dence upon whidsthe appal kbasarl.
If u an a�peran. a dkablBty who needs any p{canmodatlon in order to par-
t a N tAk,pr...' .. an entNsed at rq cat b yea, se theYsroNslon of
n nce. the Collier Ca fkdlltks Mmageman pepert-
at BBOf. Tamlami Trail East, Bu�ihM W NaBlaa, Fla We 34112,
the uMy C�ommh kled IIIW devices for the hMrq impaired are available in
BOARD OFCOUNTY COMMISSIONERS
COEUEg COUNTY; FLOAN)A
TU Di-: 2V-4-1132
`r M(,m bdleK mp7D"
NAPLESBONITA DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor of the Naples Daily, 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 March 28, 2010
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 cominuously 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
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, frim or corporation any discount, rebate,
enmtnission or refund for the purpose of securing this advertisement for
pu cavo in the said new per.
h, i/
Signature of affiant
Sworn to and subscribed before me
This 1is,31 st day of March, 2010
— l 1 q.
(Signature of notary public)
i
f•,qF .a, v.a
�n l
MA ��
KAR il. E KANGAS
Notary r.ddia State nl flDrina
F
My Ccmn . Expires Jul 29, 2013
Comrmssion N DD 91.237
i
f•,qF .a, v.a
�n l
MA ��
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original docwnents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only g[t, r the Board has taken action on the item. )
ROUTING SLIP
Complete routing lines AI through N4 as appropriate for additional signatures, dates, and/or information needed. If the doaunent is already complete with the
ex of the Chairman's signeum, draw a line througla routing lines 01 through k4, complete the clwoklist, and forward to Sue Filson line KS .
Route to Addressee(s)
fat an routims . order
Office
Initials
Date
1. Judy Puig
CDES Administration
Agenda Item Number
SA
91110
2.
Type of Document
3.
Number of Original
1
Attached
4.
Documents Attached
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Q �1�I10
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending WC approval. Normally the primary contact is the person who craded0egored the executive
summary. Primary contact information is reeled in the event ore of the addressees above. including Sue Filson, need to contact staff for additional or mining
information. All original dwnments needing the BCC Cha man's signature are to be delivered to the 11C C office only after the BCC has acted to approve the
item.)
Nam of Primary Staff
Contact
Nancy Gundlach
Phone Number
252 -2484
Agenda Date Item was
Apri127, 2010
Agenda Item Number
SA
Approved by the BCC
Original document has been sigtted/initialed for legal sufficiency. (All documents to be
Type of Document
Ordinance Q
QC
Number of Original
1
Attached
1 c - i "
Documents Attached
INSTRUCTIONS & CHECKLIST
1: Formal County Forms/ BCC Forms/ Original Documents Routing Slip WINS 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
Initial
licable
1.
Original document has been sigtted/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,
resolutions, etc. signed by the County Attorney's Office and signature pages from
Q
contracts, agreements, etc. that have been fully executed by all parties except the BCC
�uj
Chairman and Clerk to the Board and possibly State Officials.
`rJl
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of 13CC approval of the
document or the final negotiated contract dal whichever is applicable.
4.
`Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
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.
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 on 4/27/10 (enter date) and all changes
made daring the meeting have been Incorporated in the attached document. The
County Attorney's Office has reviewed the She a es, if a Ipp icable.
1: Formal County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date: May 11, 2010
To: Nancy Gundlach, Principal Planner
Zoning & Land Development Reivew
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Ordinance 2010 -18
Enclosed please find one copy of the document referenced above,
Agenda Item #8A, adopted by the Board of County Commissioners
on Tuesday, April 27, 2010.
The original document will be kept as part of the Board's permanent
record.
If you should have any questions, please contact me at 252 -8411.
Thank you.
Enclosure
f
MEMORANDUM
Date: May 11, 2010
To: Larry Lawrence
Property Appraiser
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Validated Ordinances: 2010 -18
Attached, for your records you will find one (1) copy of the documents
referenced above, adopted by the Board of County Commissioners on
Tuesday, April 27, 2010.
If you should have any questions, please call me at 252 -8411.
Thank you.
Attachments
•
ORDINANCE NO. 10 - 18
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 RURAL AGRICULTURE (A) ZONING TO
MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD) TO BE
KNOWN AS MCMULLEN MPUD FOR A MIXED -USE
DEVELOPMENT WITH A MAXIMUM OF 185,000 SQUARE FEET
OF COMMERCIAL, GENERALLY LOCATED ONE -HALF MILE
EAST OF COLLIER BOULEVARD (CR 95 1) ON RATTLESNAKE -
HAMMOCK ROAD EXTENSION, IN SECTION 14, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 19.32± ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Robert J. Mulhere of RWA, Inc. and R. Bruce Anderson, Esquire of
Roetzel, & Andress, representing Sembler Retail II, Inc. and the Sembler Family Partnership
#42, petitioned the Board of County Commissioners to change the zoning classification of the
herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 14,
Township 50 South, Range 26 East, Collier County, Florida, is changed from Rural Agriculture
(A) Zoning District to Mixed -Use Planned Unit Development (MPUD) Zoning District to be
known as the McMullen MPUD in accordance with the McMullen MPUD Document, attached
hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or
McMullen MPUD A PUDZ - 2007 -AR -11320
REVA /16/10
Page I of 2
1
maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land
Development Code, is /are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by super- majority vote of the Board of County
Commissioners of Collier County, Florida, this *day of 2010.
ATTEST:
D WIGHT E, BkOCK,.C,LF_RK
CL
y Clerk
Atti¢. as. tc . WSW •
�ignut�IrtzaN �+
Approved as to form
and legal sufficiency:
j-� -2 . aL_�
Steven T. Williams
Assistant County Attorney 4, *10
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairmali�
Attachments: Exhibit "A" — Permitted and Accessory Uses
Exhibit "B" — Development Standards
Exhibit "C" - Master Plan
Exhibit "D" — Legal Description
Exhibit "E" — Developer Commitments
07 -CPS- 00609/52
McMullen MPUD \ PUD7. 2007 -AR -11320
REVA /16/10
Page 2 of 2
EXHIBIT A ' 8A
McMULLEN MPUD
PERMITTED USES
PERMITTED USES in Tract A as depicted on Exhibit C, MPUD Master Plan:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or
in part, for other than the following:
A. Principal Uses:
1. Business Consulting Services, Not Elsewhere Classified (Group 8748);*
2. Drug Stores and Proprietary Stores (Group 5912); **
3. General Contractors - Industrial Buildings and Warehouses (Group 1541);*
4. General Contractors - Nonresidential Buildings, Other than Industrial Buildings and
Warehouses (Group 1542);*
S. General Contractors - Residential Buildings, Other Than Single - Family (Group 1522);*
6. General Contractors (Group 1521);*
7. General Warehousing and Storage, for use by contractor /builder construction trades
located within this MPUD only (Group 4225);
8. Personal Indoor Self- Storage Facilities, limited to a maximum of 92,500 square feet;
9. Hospital and Medical Service Plans (Group 6324); **
10. Legal Services (Group 8111); *
11. Engineering Services (Group 8711)*
12. Architectural Services (Group 8712)*
13. Surveying Services (Group 8713) *
14. Management Consulting Services (Group 8742);
15. Management Services (Group 8741);
16. Medical Equipment Rental and Leasing (Group 7352); **
17. Medical and Dental Laboratories (Groups 8071 — 8099) **
18. Mortgage Bankers and Loan Correspondents (Group 6162);
19. Health Services, open to the public and not associated with a unified senior housing
development . (Groups 8051 — 8059); **
20. Care Units, only including Group Housing, Group Housing facilities, Assisted living
facilities, independent living facilities, continuing care retirement communities, and
nursing homes, all for persons over age 55. Foster care, crisis and attention care,
displaced adult care, homeless shelters, offender hallway houses, spouse abuse care,
4 -16 -2010
Page 1 of 13
substance abuse care, detoxification centers or facilities, and drug rehabilitation I 8A
centers or facilities, and youth shelters are prohibited.
21. Offices and Clinics of: Doctors of Medicine, Dentists, Doctors of Osteopathy,
Chiropractors, Optometrists, Podiatrists, and Health Practitioners (Groups 8011 -
8049);**
22. Physical Fitness Facilities (Group 7991, limited to a maximum of 20,000 square feet);
23. Child Day Care Services (Group 8351);
24. Special Trade Contractors, Not Elsewhere Classified (Group 1799);*
25. Title Abstract Offices (Group 65411; and
26. Title Insurance (Group 6361).
27. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses and deemed to be consistent with the Future Land Use
Element of the Growth Management Plan, as determined by the Board of Zoning
Appeals (`BZA ") by the process outlined in the LDC.
B. Accessory Uses:
1. Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
a) Clubhouses and other recreational facilities accessory to senior living
development, including, but not limited to: beauty /barbershops, pharmacies,
resident dining (including service of alcohol) and other personal services limited
to use by residents and their guests only.;
b) Water management lakes and facilities;
c) Parking facilities, including parking garages accessory to permitted uses;
d) Caretaker's residence accessory to commercial development;
2. Lumber and Other Building Materials Dealers (Group 5211), limited to 5000 square feet
of floor area; * * *
3. Paint, Glass, and Wallpaper Stores (Group 5231), limited to 5000 square feet of floor
area;***
4. Any other related business which is accessory to offices for various contractor/builder
contractor construction trade specialist or, to warehouse space for various
contractor /builder contractor construction trade occupants, as determined by the
Planning Services Director, or designee, limited to 5000 square feet of Floor area. * **
Reference Executive Office of the President, Office of Management and Budget, Standard
Industrial Classification Manual, 1987 Edition
* Limited to 92,500 building square feet. [The Future Land Use Element of the Growth
Management Plan (GMP) allows offices for various contractor /builder construction trade
specialists, inclusive of the offices of related professional disciplines and services that typically
serve those construction businesses or otherwise assist in facilitating elements of a building
4 -16 -2010
Page 2 of 13
8A
and related infrastructure, including but not limited to architects, engineers, land surveyors and
attorneys, but limits these offices of related professional disciplines to 92,500 total building
square feet. Warehouse space for various contractor/builder construction trades occupants does
not fall under that limitation.]
** These uses are permitted under the GMP as "support medical uses ", and are only permitted
within the boundary of a''A mile offset from the hospital to the south as depicted on Exhibit C,
MPUD Master Plan. Detoxification centers or facilities, and drug rehabilitation centers or
facilities shall not be allowed in this area.
* ** Businesses, including but not limited to, lumber and other building materials dealers, paint,
glass, and wallpaper stores, garden supply stores, are permitted but only as accessory uses to
offices for various contractor /builder construction trade specialists or accessory to warehouse
space for various contractor/builder construction trades occupants.
C. Prohibited Land Uses
I . Drug or alcohol detoxification/treatment facilities, including, but not limited to methadone
clinics;
2. Mental health institutions providing on -site patient boarding or housing;
3. Homeless shelters or soup kitchens;
4. Sexually oriented businesses, including, but not limited to, adult lingerie stores, adult
book/video stores, sex apparatus and accessory stores;
5. Astrologers and fortune tellers;
6. Bail bonds offices;
7. Off -track betting services;
8. Correctional institutions and offender rehabilitation agencies /facilities;
9. Crisis and crisis intervention offices or housing facilities;
10. Day labor offices;
11. Limited price variety stores, such as dollar stores;
12. Checking and cash advance establishments;
13. Pawn shops and parlors (pool, gambling, and tattoo);
14. Probation offices;
15. Public welfare offices;
16. Tobacco stores;
17. Truck stops.
4 -16 -2010
Page 3 of 13
EXHIBIT B
McMULLEN MPUD
DEVELOPMENTSTANDARDS
Table 1 below set forth the development standards for land uses within this Commercial PUD (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.
MAXIMUM INTENSITY:
This MPUD may be developed entirely with allowable commercial uses and /or community facility
uses. Accordingly, the MPUD intensity shall be as follows:
Commercial Intensity: Commercial intensity shall be limited to a maximum of 185,000 square feet of
any combination of allowable commercial uses, however in no case shall the trip generation rate exceed
379 PM Peak Hour Trips, as identified in the TIS related to 122,000 square feet of medical office land
use. In no case shall the total allowable commercial intensity exceed 185,000 square feet, or exceed a
trip generation rate in excess of 423 PM Peak Hour Trips for any combination of permitted land uses as
may be pursued using the Commercial Intensity Conversion to Care Units, below. Various commercial
uses, either individually or in aggregate are further restricted as set forth under MPUD Exhibit "A ".
Care Unit Intensity: The intensity of any care unit shall have a maximum Floor Area Ratio (FAR) of
0.60. This FAR is applicable to Permitted Uses 19 and 20, Health Services and Care Units, as set forth
in A., of Exhibit A.
COMMERCIAL INTENSITY CONVERSION TO CARE UNITS:
1000 SF of Warehouse Land Use = 1 Care Unit Bed
1000 SF of General Office = 7 Care Unit Beds
1000 SF of Medical Office = 15 Care Unit Beds
Note: Based on trip generation rates, ITE 8 °i Edition
Operational Characteristics for Care Units
Care Units may be composed of one or more types of care /housing facilities. These care /housing types
include, but are not limited to independent living, assisted living, and nursing homes, each of which can
have varying operational characteristics. The following characteristics of care units distinguish them
from residential land uses, and all of the characteristics must be provided for and maintained to be
considered a care unit:
• The facility shall be for residents 55 years of age and older;
• There shall be on -site dining facilities to the residents, with food service being on -site, or
catered;
• Group transportation services shall be provided for the residents for the purposes of grocery
and other types of shopping. Individual transportation services shall be coordinated for the
residents needs, including but not limited to medical office visits;
• There shall be an onsite manager /activities coordinator to assist residents, who shall be
responsible for planning and coordinating stimulating activities for the residents;
• An on -site wellness facility shall provide exercise and general fitness opportunities for the
residents.
• Each unit shall be equipped with devices provided to notify emergency service providers in the
event of a medical or other emergency;
4 -16 -2010
Page 4 of 13
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Independent living units shall be designed so that a resident is able to age in place. For
example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair
bound resident or bathrooms may be retrofitted by adding grab bars.
GENERAL: Except as provided for herein, all criteria set forth above shall be understood to
be in relation to individual parcel or lot boundary lines, or between structures. Condominium,
and /or property owners' association boundaries shall not be utilized for determining
development standards. If this project is developed in multiple platted tracts, at the time of the
application for subdivision plat approval for individual tracts, a lot layout depicting minimum
yard setbacks and the building footprint shall be submitted.
TABLE
COMMERCIAL USE DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD
PRINCIPAL USES
Including Care Unit
ACCESSORY USES
MINIMUM LOT AREA
10,000 SQUARE FEET
N/A
MINIMUM LOT WIDTH
100 FEET
N/A
MINIMUM YARDS (MEASURED FROM
EXTERNAL PUD
BOUNDARY
25 FEET * **
25 FEET
PRESERVE SETBACK
25 FEET
10 FEET
MIN. DISTANCE BETWEEN
STRUCTURES
15 FT. OR' /z THE SUM OF
BUILDING HEIGHTS
10 FEET
MAXIMUM ZONED HEIGHT (PRINCIPAL
STRUCTURES)
50 FEET
25 FEET
MAXIMUM ACTUAL HEIGHT
62 FEET
30 FEET
MINIMUM FLOOR AREA — COMMERCIAL
MINIMUM FLOOR AREA — CARE UNIT
700 SQUARE FEET **
400 SQUARE FEET
N/A
MIN. GROSS LEASABLE AREA PER UNIT
700 SQUARE FEET **
100 SQUARE FEET **
* Whichever is greater
** Not applicable to Care Unit
* ** General application for setbacks: Front yard setbacks shall comply with the following:
i. If the parcel is served by a public or private right -of -way, the setback is measured
from the adjacent right -of -way line.
ii. If the parcel is served by a non- platted private drive, the setback is measured from the
back of curb or edge of pavement.
iii. If the parcel is served by a platted private drive, the setback is measured from the road
easement or property line.
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EXHIBIT C
McMULLEN MPUD
MASTER PLAN
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4 -16 -2010
Page 6 of 13
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S[:A4BLLI7 I A,'WIL Y
PARTNERSHIP '42, L71)
A kcMULLL N MPUD
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CONCEPTUAL WA I El?
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INIANAGEMENTPLAN
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Page 8 of 13
SESIBLIJ? I AMITIES I
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4-16-2010
Page 9 of 13
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Page 9 of 13
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SESIBLIJ? I AMITIES I
PARTNEHS111A LTD WcAILILUN MPUD R TA
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4-16-2010
Page 9 of 13
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EXHIBIT D
McMULLEN MPUD
LEGAL DESCRIPTION
THE S 1/2 OF THE SE 114 OF THE SW 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LESS THE WEST 80 FEET. The total acreage is approximately 19.32 acres.
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EXHIBIT E
McMULLEN MPUD
DEVELOPER COMMITMENTS
A. TRANSPORTATION
Within 180 -days of the request of Collier County, the developer shall be responsible for 100%
of the cost for the design and installation, or make payment in lieu of construction, at the
discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter to serve this
site. The developer shall make payment in lieu at the time of Development Order application;
or alternatively shall design and construct the CAT bus shelter in a location approved by the
Collier County Alternative Transportation Modes (ATM) Department prior to certificate of
occupancy (CO).
2. Within 90 -days of the County's written request, the developer shall convey right -of -way along
the project's south property line for the future extension of Rattlesnake Hammock Road. The
required right -of -way shall be determined by Collier County, but shall not exceed 60 feet in
width, and shall be conveyed in fee simple ownership to Collier County. Prior to the issuance
of the first CO, the developer agrees to construct the two north lanes of the ultimate four total
lanes of Rattlesnake Hammock Extension, and agrees to accommodate storm water
management for these two lanes. The fee simple conveyance of the right -of -way, construction
of the two lanes, and accommodation of water management shall be at no cost to Collier
County.
3. The site shall be designed to provide for future vehicular, pedestrian and bicycle
interconnection to adjacent properties to the east as generally depicted on the McMullen
MPUD Master Plan and will also be designed to provide for internal connectivity for vehicles,
pedestrians and bicycles.
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Figure 1
TRANSPORTATION (Continued)
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4. The driveways are conceptual and shall meet access management requirements of Res. 01 -247,
as amended.
5. The total combination of allowable land uses on this site shall not be allowed to exceed the
maximum trip generation proposed in Scenario "1" in the TIS (423 p.m. peak hour trips). The
County may limit square footage or the number of units or any building during any subsequent
development order based on the trip generation limit. Any future tenant change that increases
trip generation (i.e. General Office to Medical Office) will require Transportation review and
may not be allowed if the total proposed trips exceed the maximum impact listed in this
stipulation.
B. ENVIRONMENTAL
1. There shall be a minimum of 0.84 acres of Collier County native preserve associated with this
MPUD. There shall be a minimum of 0.81 acres of created native preserve within the require
0.84 acre Collier County native preserve area.
2. The following listed species management plans shall be submitted with the next site
development plan /plat development order request: Big Cypress fox squirrel, Eastern indigo
snake, Florida black bear, Florida panther.
C. PLANNING
The developer its successors or assignee shall provide to any potential resident a disclosure
statement with respect to the noise that is associated with the Swamp Buggy Races located at
8250 Collier Boulevard, Naples, FL as it relates to the location of this MPUD. This statement
shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate
noise which can be heard on the PUD property, both during the day and into the evening,
including but not limited to, noise from swamp buggy racing, tractor pulls, festivals, and music
concerts. The statement must be presented to the potential buyer prior to entering into any
sales contract.
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Within 120 days of approval of this PUD, Owner shall record in the public records of Collier
County a notice of proximity to the Florida Sports Park and Swamp Buggy grounds. This
notice shall disclose that the Florida Sports Park and Swamp Buggy operations regularly
generate noise which can be heard on the PUD property, both during the day and into the
evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals,
and music concerts. The legal description of the PUD shall be attached to the notice.
3. The eastern boundary of the MPUD shall be landscaped in accordance with the requirements
for a Type C buffer.
4. All senior housing buildings shall be constructed in a manner to provide an exterior ambient
sound level reduction of SLR 35 decibels, consistent with the provisions of LDC Subsection
4.02.06.N.6.g.
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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 2010 -18
Which was adopted by the Board of County Commissioners
on the 27th day of April, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of April, 2010.
DWIGHT E. BROCK
Clerk of Courts, 'anc4 „glerk''
Ex- officio to Bo41ad or
County Commisalonpr,s
By. Teresa Polaski,
Deputy Clerk
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