Ordinance 2020-037 ORDINANCE NO. 20- 3 7
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 13-65, THE BAY HOUSE
CAMPUS COMMERCIAL PLANNED UNIT DEVELOPMENT,
TO INCREASE THE MAXIMUM NUMBER OF HOTEL UNITS
FROM 50 TO 160; TO INCREASE THE HEIGHT OF
PRINCIPAL STRUCTURES TO 75 FEET ZONED AND 90 FEET
ACTUAL; TO ADD ASSISTED LIVING FACILITIES UP TO 250
BEDS AS A PERMITTED USE IN ADDITION TO THE
ALLOWED 400 SEATS OF RESTAURANT/COCKTAIL
LOUNGE USES; AND TO REMOVE THE ACCESSORY
CULINARY SCHOOL USE; ON PROPERTY LOCATED IN THE
NORTHWEST QUADRANT OF THE INTERSECTION OF
TAMIAMI TRAIL NORTH AND WALKERBILT ROAD IN
SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 8.67 +/-
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
[PL2019000154]
WHEREAS, on December 10, 2013, the Board of County Commissioners adopted
Ordinance No. 13-65, which created the Bay House Campus Commercial Planned Unit
Development(CPUD); and
WHEREAS, Karen Bishop of PMS Inc. of Naples representing Bay House Campus, LLC
and Turtle Bay Holding Company, LLC, petitioned the Board of County Commissioners of
Collier County, Florida, to amend the CPUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
Ordinance No. 13-65 is hereby amended in accordance with the Bay House Campus
CPUD attached hereto as Exhibits "A" through"F" and incorporated by reference herein.
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SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 2020-36 becomes
effective.
PASSED AND DULY ADOPTED by super-majority v to of the Board of County
Commissioners of Collier County, Florida, this 02- day of LI C_h)C./' , 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K KINZEL, CLERK COLLIER COUNTY, FLORIDA
By:- Y�B
ep t Clerk Burt L. Saunders, Chairman
,Attest asto.t a
signature only.
Approved as to form and legality:
4,d, A
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A—List of Permitted Uses
Exhibit B —Development Standards
Exhibit C—Master Plan
Exhibit D—Legal Description
Exhibit E—List of Requested Deviations
Exhibit F—Development Commitments
This ordinance filed with the
i$ a ry o 12 c
`'"'�� day o
and acknowledgemeptst4hat
fill receiv d this —\ day
of
By Deputy rk
[19-CPS-01914/1565393/1]117
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EXHIBITA
LIST OF PERMITTED USES
BAY HOUSE CAMPUS CPUD
PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other
than the following, as limited by Section III of this Exhibit A:
I. Campus Tract
A. Principal Uses and Structures:
1. Hotel,motel and transient lodging-maximum of 58160 rooms(Group 7011)
2. Eating establishments(Group 5812)-maximum of 400 seats
3. Assisted Living Facility (as defined in the LDC)— maximum 250 beds
The principal uses and structures are limited to hotel, motel and transient lodging or assisted living
facility but not both.
Any other principal and related use that is determined to be comparable to the foregoing by the Hearing
Examiner or Board of Zoning Appeals pursuant to the process outlined in the Land Development Code (LDC).
B. Accessory Uses:
1. Boats(All subject to LDC Section 5.03.06):
Boat rental
Boat slips (limited to 9 slips)
Kayak and canoe launch
Kayak and canoe storage
2. Two(2)caretaker's residences(subject to LDC Section 5.03.05)
3. School, commercial (Croup 8299). Limited to culinary school accessory not to exceed 4,500 square feet.
4.3. Uses and structures that are accessory and incidental to the principal hotel and restaurants uses,
including but not limited to the following recreational, retail and personal service uses: administrative
offices, ATM (automatic teller machine), apparel and accessory stores, barber shops (excluding barber
schools), beauty shops (excluding beauty schools), boardwalks and nature trails, book stores, camera &
photographic supply stores, child day care services, drugstore, drinking establishments (excluding bottle
clubs), educational kiosks and shelters, entry gates & gatehouse, essential services, fences, walls, food
store, florists, gift and souvenir shop,jewelry store, museum & art galleries, parking lot, personal service
establishments, entertainment facilities, and meeting rooms and auditorium*, physical fitness facilities,
recreational uses and facilities, including swimming pools, tennis courts, volleyball courts, chickees
huts/bars,and gazebos.
Any other accessory use and related use that is determined to be comparable to the foregoing by the Hearing
Examiner or Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC).
Accessory uses are for the exclusive use of hotel and restaurant patrons and shall not be advertised to the public via
on-site or off-site signage_, with the exception of the culinary school, which is open to the public and may be
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C. Operational Requirements for Group Housing:
Group Housing for seniors' uses shall provide the following services and/or be subject to the following
operational standards:
1. The facility shall be for residents 55 years of age and older.
2. There shall be on-site dining for the residents.
3. Group transportation services shall be provided for residents for the purposes of grocery and other types of
shopping. Individual transportation services may be provided for the residents' individual needs including but
not limited to medical office visits.
4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The
manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for
lectures, movies, music and other entertainment for the residents at the on-site clubhouse.
5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the
residents.
6. Each unit shall have the option to be equipped to notify the community staff in the event of medical or other
emergency.
7. Each unit shall be designed to accommodate residents with physical impairments (handicaps)as required by
the applicable building codes and federal law and regulation.
8. There shall be an emergency generator to serve the project with sufficient fuel supply for 5 days. The
generator shall be equipped with a noise attenuation device or shall be enclosed.
II. PreserveTract
A. Principal Uses&Structures
Passive recreational uses limited to the following, as long as any clearing required to facilitate the uses
does not impact the minimum required preserve.
1. Boardwalks and nature trails (excluding asphalt paved trails)
2. Benches for seating
3. Educational kiosks
4. Signs
5. Viewing platforms
6. Water management facilities
7. Inclement weather shelters without walls
8. Any other preserve and related open space activity or use which is comparable in nature with the
foregoing uses and which the Hearing Examiner or Board of Zoning Appeals determines to be
compatible with the preserve area.
Ill. Development Intensity
Development intensity is limited to a ' 160 room hotel or a 250 bed maximum Assisted Living Facility, and 400-
seat restaurant(s)/cocktail lounge(s);_ and 4,500 square fcct of accessory commcrcial uses within the CPUD.
Accessory uses are for the exclusive use of hotel and restaurant patrons
limitation. The gross project area is 8.67 ± acres. No residential density is permitted, except for the caretakers
residences.
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EXHIBIT B
DEVELOPMENT STANDARDS
BAY HOUSE CAMPUS CPUD
Development of the Bay House Campus CPUD shall be in accordance with the contents of this Ordinance and applicable
sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order,
such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work
authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then
the provisions of the most similar district shall apply.
Table I below sets forth the development standards for land uses within the Bay House Campus CPUD. Standards not
specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval
of the SDP or subdivision plat.
TABLE I
DEVELOPMENT STANDARDS
PERMITTED USES AND STANDARDS Principal Structures Accessory Structures
Min. Lot Area N/A N/A
Min. Lot Width N/A N/A
SETBACKS(EXTERNAL)
From US41 R-O-W 40 ft. 25 ft.
From Walkerbilt Rd. R-O-W 40 ft. 25 ft.
Cocohatchee River 30 ft. 0 ft.
Western Property Line 50 ft. SPS
SETBACKS (INTERNAL)
Internal Access Easements 15' SPS
Side 10' 5'
Rear 15' 10'
Preserves* 0725' 0'/10'
Min. Distance Between Structures** 30' 5'
MAXIMUM BUILDING HEIGHT
Zoned 59' 75' I 35'
Actual 90' I 45'
SPS=Same as Principal Structure
*0' setback is permitted for fences or retaining walls permitted as part of the stormwater management system,
pathways, and other structures allowed within the preserves tract pursuant to Exhibit A and LDC Sec. 3.05.07.H.l.h.iii
**Minimum distance between principal structures shall be 10' feet where both structures do not exceed 30' in zoned
height and 35' in actual height. (Approved in HEX Decision 2016-29)
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PL20190000154 Last Revised:April 4,2020
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EXHIBIT C - CPUD MASTER PLAN
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BAY HOUSE CAMPUS-PUDA-PL20190000154 Page 4 of 8
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EXHIBIT D
LEGAL DESCRIPTION
BAY HOUSE CAMPUS CPUD
BEING ALL OF TRACT 1BAY HOUSE REPLAT,ACCORDING TO THE PLATTHEREOF AS RECORDED IN PLAT BOOK 50,PAGES
14 AND 15 TOGETHER WITH ALL OF TRACTS 2 AND 3, COCOHATCHEE RIVER TRUST P.U.D.,ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 18, PAGES 97AND 98 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
ALL LYING WITHIN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONTAINING
377,623 SQUARE FEET OR 8.67 ACRES, MORE OR LESS.
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EXHIBIT E
LIST OF REQUESTED DEVIATIONS
FROM LDC BAY HOUSE CAMPUS
CPUD
Deviation No. 1: Deviation from LDC Section 4.04.02 which requires all commercial projects to provide
interconnections and shared access to adjacent properties. The requested deviation is to allow for the existing
interconnections to the commercial retail property to the southeast only, as shown on the CPUD master plan.
Deviation No. 2: Deviation from LDC Section 4.05.04.H, which requires 218 parking spaces based upon the
proposed mix of principal and accessory uses,to allow for a 10% reduction to required parking spaces for the
project. The number of required parking spaces is subject to change at the time of SDP or PPL based upon final
square footage of uses.
Deviation No. 3: Deviation from LDC Section 5.04.06.A.3.d, which allows temporary signs on nonresidential or mixed
use properties up to 32 square feet in area and 8 feet in height. The requested deviation is to allow a temporary
sign or banner up to 48 square feet in area and a maximum of 12 feet in height.The sign shall be limited to 28
calendar days per year.
Deviation No.4: Deviation from LDC Section 5.06.04.G.2.a, which allows off-premise directional signage up to 12
square feet in size. The requested deviation is to allow for one (1) off-premise directional signage up to 16 square
feet in size.
Deviation No. 5: Deviation from LDC Section 6.06.02.A.2, which requires developments to provide 5'-wide sidewalks
on both sides of private rights-of-way or easements internal to the site. The requested deviation is to allow a
5'-wide sidewalk on the northern side of the easement that connects the development area to US 41.
Deviation No. 6: Deviation from LDC Section 5.05.08.F, which prohibits project sites with more than one building
where the aggregate gross building area is 20,000 square feet or more from undergoing the administrative
determination of deviation process, to allow the project site to qualify for administrative determination of deviations
where the aggregate gross building area is 70,000 square feet.
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EXHIBIT F
DEVELOPMENT COMMITMENTS
BAY HOUSE CAMPUS CPUD
1. PURPOSE
The purpose of this Section is to set forth the general development commitments for the project. One
entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD,
and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the
time of this PUD approval, the Managing Entity is Bay House Campus, LLC. Should the Managing Entity desire
to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally
binding document that needs to be approved for legal sufficiency by the County Attorney. After such
approval, the Managing Entity will be released of its obligations upon written approval of the transfer by
County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off
tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the
commitments required by the PUD by the new owner and the new owner's agreement to comply with the
Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its
responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer
responsible for the monitoring and fulfillment of PUD commitments.
2. PUD MASTER PLAN
Exhibit "C", PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed
area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as final platting or site development plan approval in
accordance with the LDC.
3. UTILITIES
3.1 The project shall connect to the Collier County Water Sewer District (CCWSD) potable water system at
a location determined by CCWSD when capacity is available.
3.2 The project shall connect to the CCWSD wastewater collection and conveyance system at a location
determined by CCWSD when capacity is available.
3.3 The owner agrees to eliminate the private pump station and force main with connection to the 8"gravity
sewer on Walkerbilt Road and replace it with a Community Pump Station with connection to the 8"force
main on Walkerbilt Road. The pump station and force main would be the responsibility of the developer
to design, permit, and construct and would be conveyed to the Collier County Water-Sewer District at no
cost to the County at the time of utilities acceptance. This requirement would coincide with construction
of either a hotel or an ALF.
4. TRANSPORTATION
4.1 The developer, its successors or assigns shall provide a fair share contribution toward the capital costs
of traffic signals on U.S. 41 at the project access and at Walkerbilt Road if and when deemed warranted
by Collier County. The signals shall be owned, operated and maintained by Collier County.
4.2 The developer, its successors or assigns shall be responsible for required improvements to Walkerbilt
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Road, including widening, as warranted by County land development regulations for this roadway to
accommodate the traffic for this project and shall be initiated within 90 days of the County's request, as
applicable. Walkerbilt Road improvements, if warranted shall be permitted as part of a Development
Order improvement process (PPL or SOP), or approved as a Right-of-Way Permit.
4.3 The maximum total daily trip generation for the PUD shall not exceed 173 two-way PM peak hour net
trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application
for SDP/SDPA or subdivision plat approval.
5. ENVIRONMENTAL
5.1 The project shall provide a minimum of 1.64 acres of on-site native habitat preservation in
compliance with the Growth Management Plan.Any clearing required to facilitate passive
recreational uses shall not impact the minimum required preserve.
5.2 Little Blue Heron, Snowy Egret,and White Ibis have been documented on the property.
Management plans for these species shall be submitted in accordance with the procedures
and requirements of the Land Development Code.
6. ARCHAEOLOGY& HISTORICAL RESOURCES
6.1 A certified archaeologist shall be on-site during excavations.
7. ALF EMERGENCY EVACUATION
7.1 Should an assisted living facility be constructed and or a facility that would be licensed and fall under
rules by the Agency for Health Care Administration, it shall be noted that the facility when under a
mandatory evacuation order shall be responsible for its own evacuation transportation, sheltering, re-
entry, staffing, recovery and restoration without burden to the County for services and sheltering
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`� 011, \(4
i
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
November 4, 2020
Ms. Ann Jennejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
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. 20-37, which was filed in this office on November 4,
2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270