Ordinance 2019-11 ORDINANCE NO. 19- 11
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS 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 FOR THE
PROJECT TO BE KNOWN AS THE BAUMGARTEN
MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM
OF 400 MULTIFAMILY AND/OR TOWNHOUSE
RESIDENTIAL DWELLING UNITS AND UP TO 270,000
SQUARE FEET OF COMMERCIAL LAND USES AT THE
SOUTHEAST QUADRANT OF IMMOKALEE ROAD AND
COLLIER BOULEVARD, IN SECTION 26, TOWNSHIP 48,
RANGE 26, COLLIER COUNTY, FLORIDA, CONSISTING
OF 55.66 +/- ACRES; AND BY PROVIDING AN
EFFECTIVE DATE. [PL20170000768]
WHEREAS, Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A. and Richard
D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing BCHD Partners II,
LLC, petitioned the Board of County Commissioners to change the zoning classification of the
herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 26,
Township 48, Range 26, Collier County, Florida, is changed from a Rural Agricultural (A)
Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the
55.66+/- acre project to be known as the Baumgarten MPUD, to allow construction of a
maximum of 400 residential dwelling units and up to 270,00 square feet of commercial land uses
[17-CPS-01708/1481218/1]212
Pelican Nursery/PL20170000768 Page 1 of 2
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in accordance with the Baumgarten MPUD Document, in accordance with Exhibits A through F
attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps,
as described in Ordinance Number 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this I k
day of __I , 2019.
ATTEST: BOARD OF C• TY COMMISSIONERS
CRYSTAL K.KINZEL, CLERK COLLIER C.4 'RIDA
011114410
By: . Lao_e, . By:
�'' ��, .ii Duty Clerk "illiam L. McDaniel, Jr., Chairman
Attest as to Lha] 1
signature only.
Approved as tb form and legality:
H _tdi
eidi Ashton-Cicko u
Managing 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 El: Deviation#1 Cross Section This ordinance iiia ttith th=-
Exhibit F: Developer Commitments C day ory ofof r,`
and acknowledgement that
filing received this t�__. day
By
Deo CVer
[17-CPS-01708/1481218/1]212
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C
EXHIBIT A
BAUMGARTEN MPUD
PERMITTED USES
A maximum of 400 residential dwelling units and 270,000 square feet of gross commercial floor
area shall be permitted within the MPUD. Any commercial square footage above 250,000 square
feet must include indoor self-storage. The uses are subject to the trip cap identified in Exhibit F,
Section 4.a of this PUD. 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:
MIXED-USE:
A. Principal Uses (SIC In Parenthesis):
1. Accident and 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 (interim until first certificate of occupancy for (N/A)
any permitted use)
7. Architectural services (8712)
8. Animal Hospitals (0742)
9. Auto and Home Supply Stores (5531)
10. Automotive Washing and Polishing (7542)
11. Bakeries, Retail (5461)
12. Banks, commercial: national (6021)
13. Banks, commercial: not chartered (6029)
14. Banks, commercial: state (6022)
15. Banks, savings: Federal (6035)
16. Banks, savings: not federally chartered (6036)
17. Barber Shops (7241)
18. Beauty Shops (7231)
19. Book Stores (5942)
20. Breweries (limited to a maximum of 5,000 sq. ft.) (2082)
21. Business Associations (8611)
22. Business Consulting Services, not elsewhere classified (8748)
23. Camera and Photographic Supply Stores (5946)
24. Candy, Nut and Confectionery Stores (5441)
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s,
25. Carpet and Upholstery Cleaning (7217)
26. Civic, Social and Fraternal Associations (8641)
27. Clothing and Accessory Stores, Men's and Boy's (5611)
28. Clothing Stores, Women's (5621)
29. Collection Services (7322)
30. Commodity Contracts Brokers and Dealers (6221)
31. Commercial Art and Graphic Design (7336)
32. Commercial Photography (7335)
33. Commercial Economic, Sociological and Educational Research (8732)
34. Computer and Computer Software Stores (5734)
35. Computer Facilities Management Services (7376)
36. Computer Maintenance and Repair (7378)
37. Computer Processing and Data Preparation Services (7374)
38. Computer Programming services (7371)
39. Computer Rental and Leasing (7377)
40. Credit Reporting Services (7323)
41. Credit Unions, Federal (6061)
42. Credit Unions, State: not federally chartered (6062)
43. Dairy Products Stores (5451)
44. Data Processing Consultants (7379)
45. Dance Studios, Schools and Halls (7911)
46. Data Processing Services (7374)
47. Dental Laboratories (8072)
48. Dentist Office/Clinic (8021)
49. Department Stores (5311)
50. Direct mail advertising service (7331)
51. Direct Selling Establishments (5963)
52. Doctors - Medicine Offices and Clinics (8011)
53. Doctors - Osteopathy Offices and Clinics (8031)
54. Doctors - Chiropractors Offices and Clinics (8041)
55. Dog Grooming (0752)
56. Drapery, Curtain and Upholstery Stores (5714)
57. Drinking Places (Alcoholic Beverages); Bottle Clubs and (5813)
Cabarets are not permitted
58. Drug Stores (5912)
59. Dwelling Units - Multi-family and Townhouse, above retail or
office uses
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60. Eating Places, no outdoor dining may be located on the (5812)
easternmost MU tract adjacent to Bent Creek Preserve PUD.
61. Engineering services: industrial, civil, electrical, mechanical, (8711)
marine and design
62. Executive Offices (9111)
63. Executive and Legislative Offices Combined (9131)
64. Fire, Marine and Casualty Insurance Services (6331)
65. Florists (5992)
66. Food Stores, Miscellaneous (5411, 5499)
67. Foreign Branches and Agencies of Banks (6081)
68. Foreign Trade and International Banking Institutions (6082)
69. Funeral home or parlor (7261)
70. Garment Pressing, and Agents for Dry Cleaners (7212)
71. Gasoline Service Stations (5541)
72. General Automotive Repair Shops (7538)
73. General Government, not elsewhere classified (9199)
74. General Merchandise Stores (including warehouse clubs and (5311-5399)
discount retail superstores)
75. Gift, Novelty and Souvenir Shops (5947)
76. Hair weaving or Replacement Services (7299)
77. Hardware Store (5251)
78. Health practitioners - not elsewhere classified (8049)
79. Hobby,Toy and Games Shops (5945)
80. Home health care services (8082)
81. Home Furniture and Furnishings Stores (5712-5719)
82. Household Appliance Stores (5722)
83. Hospital and Medical Service Plans (6324)
84. Information Retrieval Services (7375)
85. Insurance Carriers, not elsewhere classified (6399)
86. Investment Advice (6282)
87. Jewelry Stores (5944)
88. Land Subdividers and Developers (6552)
89. Landscape architects, consulting and planning (0781)
90. Laundries (Coin Operated) and Dry-cleaning (7215)
91. Legal services (8111)
92. Libraries (except regional libraries) (8231)
93. Life Insurance (6311)
94. Liquor Stores (5921)
95. Loan brokers (6163)
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96. Luggage and Leather Goods Stores (5948)
97. Lumber and Other Building Materials Dealers (including home (5211)
improvement superstores)
98. Management Services (8741)
99. Management Consulting Services (8742)
100. Markets, Meat and Fish (Seafood) Markets (5421)
101. Markets, Fruit and Vegetable Markets (5431)
102. Medical Equipment Rental and Leasing (7352)
103. Medical Laboratories (8071)
104. Membership Organizations, not elsewhere classified (8699)
105. Membership Warehouse Clubs with Gas and Liquor (No SIC)
106. Miniwarehouse/self-storage (indoor air conditioned only) (4225)
107. Miscellaneous amusement and recreational services not (7999)
elsewhere classified. Only judo instruction, karate instruction,
moped rental, motorcycle rental, rental of bicycles, scuba and
skin diving instruction are permitted
108. Miscellaneous Business Credit Institutions (6159)
109. Miscellaneous Home Furnishings Stores (5719)
110. Miscellaneous personal services, not elsewhere classified (7299)
excluding massage parlors, steam baths, tattoo parlors and
Turkish baths. Day spas are permitted.
111. Miscellaneous Retail Stores, not elsewhere classified (5999)
112. Mortgage Bankers and Loan Correspondents (6162)
113. Motion Picture Theaters (7832)
114. Musical Instrument Stores (5736)
115. News Dealers and Newsstands (5994)
116. Nondeposit Trust Facilities (6091)
117. Optical Goods Stores (5995)
118. Optometrists - offices and clinics (8042)
119. Paint, Glass and Wallpaper Stores (5231)
120. Pension, Health and Welfare Funds (6371)
121. Personal Credit Institutions (6141)
122. Photocopying and Duplicating Services (7334)
123. Photographic Studios, Portrait (7221)
124. Photofinishing Laboratories (7384)
125. Physical Fitness Facilities (7991)
126. Podiatrists - offices and clinics (8043)
127. Political Organizations (8651)
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128. Professional Membership Organizations (8621)
129. Professional Sports Clubs and Promoters, indoor only (7941)
130. Public Relations Services (8743)
131. Radio, Television and Consumer Electronics Stores (5731)
132. Radio, Television and Publishers Advertising Representatives (7313)
133. Real Estate Agents and Managers (6531)
134. Record and Prerecorded Tape Stores; adult video rental or (5735)
sales prohibited
135. Religious Organizations (8661)
136. Repair Shops and Related Services, not elsewhere classified (7699)
137. Retail Nurseries, Lawn and Garden Supply Stores (5261)
138. Secretarial and Court Reporting Services (7338)
139. Security Brokers, Dealers and Flotation Companies (6211)
140. Security and Commodity Exchanges (6231)
141. Services Allied with the Exchange of Securities or Commodities, (6289)
not elsewhere classified
142. Sewing, Needlework and Piece Goods Stores (5949)
143. Shoe Repair Shops and Shoeshine Parlors (7251)
144. Short-Term Business Credit Institutions, except agricultural (6153)
145. Social Services, Individual and Family (activity centers, elderly (8322)
or handicapped only; day care centers for adult and
handicapped only)
146. Sporting Goods Stores and Bicycle Shops (5941)
147. Stationery Stores (5943)
148. Stores, Children's and Infants Wear (5641)
149. Stores, Family Clothing (5651)
150. Stores, Miscellaneous Apparel and Accessory (5699)
151. Stores, Shoes (5661)
152. Stores, Women's Accessory and Specialty (5632)
153. Surety Insurance (6351)
154. Surveying Services (8713)
155. Tanning Salons (7299)
156. Tax Return Preparation Services (7291)
157. Tire retreading and repair shops, tire repair only (7534)
158. Title Abstract Offices (6541)
159. Title Insurance (6361)
160. Tobacco Stores and Stands (5993)
161. Travel Agencies (no other transportation services) (4724)
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162. Tutoring (8299)
163. Used Merchandise Stores (excluding pawn shops) (5932)
164. Veterinary services for animal specialties (0742)
165. Video Tape Rental, adult video rental or sales prohibited (7841)
166. Watch, Clock and Jewelry Repair (7631)
167. Any other principal use, which is comparable in nature with the
foregoing list of permitted principal uses, as determined by the
Board of Zoning Appeals ("BZA") or the Hearing Examiner.
B. Accessory Uses:
1. Uses and structures that are accessory and incidental to the permitted uses within
this MPUD document.
2. Water management facilities to serve the project such as lakes.
3. Open space uses and structures such as, but not limited to, boardwalks, nature
trails, gazebos and picnic areas.
4. Any other accessory and related use that is determined to be comparable in
nature with the foregoing uses and consistent with the permitted accessory uses of
this MPUD as determined by the BZA or the Hearing Examiner.
RESIDENTIAL:
A. Principal Uses:
1. Dwelling Units - Multi-family and Townhouse
2. Model homes/ model sales or leasing offices
3. Any other principal use, which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals ("BZA")
or the Hearing Examiner.
B. Accessory Uses:
1. Accessory uses and structures customarily associated with the principal uses
permitted in this MPUD, including but not limited to garages, carports, swimming
pools, spas and screen enclosures.
2. Water management facilities to serve the project such as lakes.
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3. Any other accessory and related use that is determined to be comparable in
nature with the foregoing uses and consistent with the permitted accessory uses of
this MPUD as determined by the BZA or the Hearing Examiner.
C. Amenity Area:
1. Principal Uses:
a. Clubhouses, community administrative facilities and recreational facilities
intended to serve residents and guests, including leasing and construction
offices.
b. Any other principal use, which is comparable in nature with the foregoing
list of permitted principal uses, as determined by the Board of Zoning
Appeals ("BZA") or the Hearing Examiner.
2. Accessory Uses:
a. Accessory uses and structures customarily associated with the principal uses
permitted in this MPUD, including but not limited to swimming pools and spas.
b. Water management facilities to serve the project such as lakes.
c. Open space uses and structures such as, but not limited to, boardwalks,
nature trails, gazebos and picnic areas.
d. Any other accessory and related use that is determined to be comparable in
nature with the foregoing uses and consistent with the permitted accessory
uses of this MPUD as determined by the BZA or the Hearing Examiner.
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0
EXHIBIT B
BAUMGARTEN MPUD
DEVELOPMENT STANDARDS
The tables below set forth the development standards for land uses within the Baumgarten
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. MIXED-USE:
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 Sq. Ft. N/A
AVERAGE LOT WIDTH 100 ft. N/A
MINIMUM YARDS (External)
From Immokalee Road ROW 25 ft. SPS
From Collier Boulevard ROW 25 ft. SPS
From Eastern Project Boundary*** 50 ft. 15 ft
From Southern Project Boundary 200 ft. Minimum 200 ft. Minimum
MINIMUM YARDS (Internal)
Internal Drives/ROW 10 ft. 10 ft
Rear 10 ft. 10 ft.
Side 10 ft. 10 ft.
Lakes (measured from control
elevation) 25 ft. 20 ft.*
Preserve 25 ft. 10 ft.
MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights 10 Ft.
MAXIMUM HEIGHT*** ZONED ACTUAL ZONED ACTUAL
Retail Buildings 45 ft. 65 ft. 35 ft. 45 ft.
Office Buildings and Hotel/Motel 55 ft. 65 ft. 35 ft. 45 ft.
MINIMUM FLOOR AREA (ground floor) 1,000 sq. ft. ** N/A
MAXIMUM GROSS COMMERCIAL AREA 270,000 sq. ft. N/A
* No structure may be located closer than 20 feet to the control elevation of a 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.
*** Any building exceeding 50 feet in height shall increase its setback by one foot for each
one feet exceeding 50 feet of zoned height from the eastern PUD boundary. No dumpster
enclosure permitted within 105 feet of the eastern PUD boundary.
Note: Residential dwellings may be constructed above retail or office use.
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II. RESIDENTIAL:
PRINCIPAL STRUCTURE *6 TOWNHOUSE MULTI-FAMILY AMENITY AREA *4
(PER UNIT)
Minimum Lot Area 1,440 SF 43,560 SF N/A
Minimum Lot Width 18 feet N/A N/A
Minimum Lot Depth 80 feet N/A N/A
Minimum Front Yard Setback 20 feet *2 20 feet *2 15 feet
Minimum Side Yard Setback 0/10 feet *1 0/10 feet *1 15 feet
Minimum Rear Yard Setback 15 feet 15 feet 15 feet
Minimum Preserve Setback 25 feet 25 feet 25 feet
Minimum PUD Boundary Setback 105 feet 105 feet 105 feet *5
Maximum Building Height
Zoned 45 feet 55 feet 25 feet
Actual 50 feet 65 feet 35 feet
Minimum Distance Between Buildings 20 feet 20 feet N/A
Floor Area Minimum, per unit 750 SF 684 SF N/A
ACCESSORY STRUCTURES *6
Minimum Front Yard Setback *2 15 feet 15 feet 10 feet
Minimum Side Yard Setback 10 feet 10 feet 10 feet
Minimum Rear Yard Setback *3 10 feet 10 feet 10 feet
Minimum Preserve Setback 10 feet 10 feet 10 feet
Minimum PUD Boundary Setback 15 feet 15 feet 15 feet*7
Minimum Distance Between Buildings 0/10 feet 0/10 feet N/A
Maximum Height
Zoned 35 feet 35 feet 25 feet
Actual 40 feet 40 feet 30 feet
SPS—Same as Principal Structure
BH—Building Height(zoned height)
*1—Minimum separation between adjacent dwelling units, if detached,shall be 10'.
*2—Front yards shall be measured from back of curb (if curbed) or edge of pavement (if not curbed) for private streets
or drives, and from ROW line for any public roadway. Single-family front entry garages shall have a 23'setback from
back of sidewalk.
*3—All landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or
lake tracts and not be within a residential lot. Where a home site abuts a Landscape Buffer Easement or Lake
Maintenance Easement within open space tracts or lake tracts,the accessory structure setback on the residential lot
may be reduced to zero (0)feet where it abuts the easement.
*4—When not located in a residential building within the "R"tract.
*5—Does not apply to passive recreational uses such as trails/pathways.
*6 - Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features,
streetscape, passive parks and access control structures shall have no required setback, except as listed below, and
are permitted throughout the "R" designated areas of the PUD; however such structures shall be located such that
they do not cause vehicular stacking into the road right-of-way or create site distance issues for motorists and
pedestrians.
*7—No swimming pool or dumpster enclosure may be located within 105 feet of the southern or eastern PUD boundary.
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Maximum Height for Guardhouses/Gatehouses:
Zoned: 25'
Actual: 30'
Note: nothing in this MPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated
in a list of deviations.
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EXHIBIT D
BAUMGARTEN MPUD
LEGAL DESCRIPTION
PARCEL 1 (PARCEL NO. 00192920001):
THE NW 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS THE
NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS RIGHT OF WAY
DESCRIBED IN O.R. BOOK 2568, PAGE 1176 AND LESS RIGHT OF WAY DESCRIBED IN O.R. BOOK
3328, PAGE 1487, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PARCEL 2 (PARCEL NO. 00192360001):
THE WEST 60% OF THE NE 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26
EAST, LESS THE NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS
ROAD RIGHT-OF-WAY DESCRIBED IN O.R. BOOK 3328, PAGE 1487, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
THE ABOVE DESCRIBED LANDS BEING SUBJECT TO THE TERMS OF THAT BOUNDARY LINE
AGREEMENT RECORDED IN OFFICIAL RECORD BOOK 2228, PAGE 1540, COLLIER COUNTY,
FLORIDA, AND SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A TRACT OR PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA,
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26,THENCE S.89°58'37"E.ALONG
THE NORTH LINE OF SAID SECTION 26, A DISTANCE OF 105.55 FEET; THENCE 5.00°01'23"W.
DEPARTING SAID NORTH LINE, A DISTANCE OF 136.96 FEET TO AN INTERSECTION WITH THE
SOUTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING.
FROM SAID POINT OF BEGINNING, THENCE RUN ALONG SAID SOUTH RIGHT-OF-WAY THE
FOLLOWING NINE (9) COURSES:
1. N.86°54'32"E., A DISTANCE OF 220.75 FEET,
2. 5.89°58'57"E., A DISTANCE OF 585.17 FEET,
3. S.00°01'25"W., A DISTANCE OF 15.00 FEET,
4. S.89°58'25"E., A DISTANCE OF 301.91 FEET,
5. S.00°01'35"W., A DISTANCE OF 3.94 FEET,
6. S.89°58'25"E., A DISTANCE OF 89.97 FEET,
7. N.00°01'25"E., A DISTANCE OF 15.00 FEET,
8. S.88°54'04"E., A DISTANCE OF 22.92 FEET,
9. 5.88°54'04"E., A DISTANCE OF 793.22 FEET;
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TO AN INTERSECTION WITH THE WEST BOUNDARY LINE OF THE PLAT OF BENT CREEK PRESERVE,
AS RECORDED IN PLAT BOOK 55, PAGE 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE 5.02°16'43"E. DEPARTING SAID SOUTH RIGHT-OF-WAY ALONG SAID WEST
BOUNDARY LINE, A DISTANCE OF 1,194.23 FEET TO AN INTERSECTION WITH THE NORTH
BOUNDARY LINE OF THE PLAT OF TUSCANY COVE, AS RECORDED IN PLAT BOOK 42, PAGE 15, OF
SAID PUBLIC RECORDS; THENCE N.89°59'25"W. ALONG SAID NORTH LINE, A DISTANCE OF
2,013.46 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT-
OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 348, OF SAID PUBLIC RECORDS;
THENCE N.02°15'50"W., ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 1,201.93 FEET
TO THE POINT OF BEGINNING.
PARCEL NO. 00192920001 CONTAINS 33.82 ACRES, MORE OR LESS.
PARCEL NO. 00192360001 CONTAINS 21.84 ACRES, MORE OR LESS.
TOTAL PARCEL CONTAINS 55.66 ACRES, MORE OR LESS.
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EXHIBIT E
BAUMGARTEN MPUD
DEVIATIONS FROM THE LDC
DEVIATION 1: From LDC Section 6.06.01. — "Street System Requirements" and "Appendix B,
Typical Street Sections and Right-of-Way Design Standards". The LDC establishes
a minimum 60-foot right of way width for local streets.This deviation proposes to
instead allow for private roads within the site to be located in a 50-foot wide
access easement or Right-of-Way, as shown on the Master Plan and in Exhibit El,
Deviation #1 Cross Section.
DEVIATION 2: From LDC Section 5.06.04.F.3, "Directory Signs", which requires a Directory Sign
to be a maximum of 20 feet in height and a maximum of 200 square feet, to
instead allow the Directory Sign located at the Collier Boulevard entrance to the
MPUD to be a maximum of 25 feet in height and a maximum of 250 square feet in
size.
DEVIATION 3: From LDC Sections 5.06.04.F1 and 5.06.04.F.2, "Ground Signs", which allows each
outparcel to have a single ground sign along a public street, to instead allow
outparcels and individual free standing uses within the MPUD to have one
additional ground sign that is oriented to the internal private by-pass driveway
(labeled as R.O.W or access easement on the Master Plan) that is provided for in
the MPUD.
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EXHIBIT F
BAUMGARTEN MPUD
DEVELOPMENT COMMITMENTS
1. PUD MONITORING
One entity(hereinafter the Managing Entity) shall be responsible for PUD monitoring until
close-out of the PUD, and this entity shall also be responsible for satisfying all PUD
commitments until close-out of the PUD. At the time of this PUD approval,the Managing
Entity is BCHD Partners II, LLC, 2600 Golden Gate Parkway, Naples, FL 34105. Should the
Managing Entity desire to transfer the monitoring and commitments to a successor entity,
then it must provide a copy of a legally binding document that needs to be approved for
legal sufficiency by the County Attorney. After such approval, the Managing Entity will be
released of its obligations upon written approval of the transfer by County staff, and the
successor entity shall become the Managing Entity. As Owner and Developer sell off
tracts, the Managing Entity shall provide written notice to County that includes an
acknowledgement of the commitments required by the PUD by the new owner and the
new owner's agreement to comply with the Commitments through the Managing Entity,
but the Managing Entity shall not be relieved of its responsibility under this
Section. When the PUD is closed-out, then the Managing Entity is no longer responsible
for the monitoring and fulfillment of PUD commitments.
2. MISCELLANEOUS
a. All other applicable state or federal permits must be obtained before commencement
of the development.
b. Pursuant to Section 125.022(5) F.S., Issuance of a development permit by a county
does not in any way create any rights on the part of the applicant to obtain a permit
from a state or federal agency and does not create any liability on the part of the
county for issuance of the permit if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law.
c. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures—BUG
rating where U = 0) to avoid light spill onto adjacent properties. Fixtures within 50-ft
of residential properties along the PUD boundary shall be set at no higher than a 15-
ft mounting height. Otherwise the site light poles shall not exceed a 25-ft mounting
height. Light levels along the PUD boundary shall be limited to no more than 0.2-ft-
candles along the joint property line where adjacent to residential property (i.e. not
applicable to Collier Blvd and Immokalee Rd). However light levels at
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interconnections identified on the Master Plan may be standard lighting for
residential development.
3. UTILITIES
a. As part of the subdivision plat approval or SDP for the residential portion of the PUD,
the owner shall provide a water main stub-out to the southern property line of the
PUD, at the interconnect location shown on the PUD Master Plan, in a location
determined by the owner and approved by the County. A County Utility Easement
will be conveyed by owner to County at no cost to the County for the water main stub-
out and shall be shown on the recorded plat or recorded by separate instrument prior
to preliminary acceptance of utilities. The stub-out shall be sized to supply fire flow
to the PUD under maximum day conditions, as required by Collier County Design
Criteria in the Collier County Water-Sewer District Utilities Standards Manual, as
adopted by Ordinance 2004-31, as amended, and as further amended by Resolution
No. 2014-258, or its successor resolution. This stub-out will not be required if the
residential tract is master metered.
b. As part of the subdivision plat approval or SDP for the residential portion of the PUD,
the owner shall provide a water main stub-out to the eastern property line of the PUD,
at the location of the terminus of Glenforest Drive within the Bent Creek Preserve
RPUD. A County Utility Easement will be conveyed by owner to County at no cost to
the County for the water main stub-out and shall be shown on the recorded plat or
recorded by separate instrument prior to preliminary acceptance of utilities. The
stub-out shall be sized to supply fire flow to the PUD under maximum day conditions,
as required by Collier County Design Criteria in the Collier County Water-Sewer District
Utilities Standards Manual, as adopted by Ordinance 2004-31, as amended, and as
further amended by Resolution No. 2014-258, or its successor resolution. This stub-
out will not be required if the residential tract is master metered.
4. TRANSPORTATION
a. The maximum net external trip generation for the PUD shall not exceed 1,159 two-
way PM peak hour trips as a mixed-use commercial/residential project (internal
capture and pass by trips deducted).The trips will be based on the applicable land use
codes in the Institute of Transportation Engineers (ITE) Trip Generation Manual in
effect at the time of application for Site Development Plan (SDP), or Plat and
Construction Plan (PPL) approval.
b. As a part of the first application for Site Development Plan or Plat for construction of
the development an operational Transportation Impact Statement will be provided
that includes the entire development (highest and best use) for review and approval
by Collier County Transportation staff which will be updated/revised with each
subsequent SDP or Plat application until the build-out condition is achieved.
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5. SPECIAL CONDITIONS
a. No adult orientated sales are permitted.
b. For commercial uses, outdoor music and televisions shall be limited to the areas that
are a minimum of 500 feet from the southern and eastern PUD boundaries. There will
be no outdoor amplified sound between the hours of 10 p.m. and 8 a.m. weekdays
and 12 a.m. and 8 a.m. on weekends. There will be no outdoor dining on the MU Tract
adjacent to Bent Creek Preserve PUD.
c. Dumpsters shall be oriented as far away from residential units as possible.
d. Delivery bays shall not abut external residential development.
e. Service bays related to automobile service and repair shall be located so that they do
not face any external residential district within 1500 feet.
f. All pole lighting located in Amenity Areas shall be limited to flat full cutoff shields.
g. Residential Amenity Area — no amplified sound after 10:00 p.m. and no lighted
recreational facilities, other than low illumination ground mounted light, after 10:00
p.m.
h. Pedestrian and vehicular interconnection to Tuscany Cove shall be gated and six foot
high, chain link fencing shall be extended 100 lineal feet on each side of the gated
access prior to the first Certificate of Occupancy for the residential dwelling units
adjacent to the southern PUD boundary.
i. 100 lineal feet of six foot high, chain link fencing shall be installed near the southwest
portion of the site as shown on the Master Plan prior to the first Certificate of
Occupancy for the residential dwelling units adjacent to the southern PUD boundary.
j. As part of the initial project site work, the developer shall install the berm and
perimeter landscape buffers along the southern and eastern PUD boundaries. The
southern perimeter landscape buffer shall include a 6-foot high fence with opaque
slats.Within the southern landscape buffer,the developer shall provide supplemental
landscape plantings meeting the type C landscape buffer canopy tree requirement
where the Tuscany Cove landscape buffer has missing canopy trees. This supplement
planting shall occur within the Baumgarten PUD's 15-foot wide landscape buffer.
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
June 17, 2019
Ms. Ann Jennejohn, Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66,Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-11, which was filed in this office on June 17, 2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us